Australian Capital Territory Numbered Acts

GENE TECHNOLOGY ACT 2003 (NO. 57 OF 2003) - SECT 153

    (1)     The monitoring powers an inspector may exercise under section 152 (1) (b) are as follows:

        (a)     to search the premises and anything on the premises;

        (b)     to inspect, examine, take measurements of, conduct tests on, or take samples of, anything on the premises that relates to a GMO;

        (c)     to take photographs, make video or audio recordings or make sketches of the premises or anything on the premises;

        (d)     if the inspector was authorised to enter the premises by a warrant under section 172, to require anyone in or on the premises to—

              (i)     answer any questions put by the inspector; and

              (ii)     produce any document requested by the inspector;

        (e)     to inspect any document on the premises;

        (f)     to take extracts from or make copies of any document;

        (g)     to take onto the premises the equipment and materials the inspector requires to exercise powers relating to the premises;

        (h)     to secure a thing, until a warrant is obtained to seize it, if the inspector—

              (i)     finds the thing during the exercise of monitoring powers on the premises; and

              (ii)     believes on reasonable grounds the thing is evidential material; and

              (iii)     believes on reasonable grounds the thing would be lost, destroyed or tampered with before the warrant can be obtained.

    (2)     The monitoring powers include the power to operate equipment at premises to see whether—

        (a)     the equipment; or

        (b)     a disk, tape or other storage device that—

              (i)     is at the premises; and

              (ii)     can be used with the equipment or is associated with it;

contains information relevant to deciding whether there has been compliance with this Act.

    (3)     If the inspector, after operating equipment at the premises, finds that the equipment, or a tape, disk or other storage device at the premises, contains information mentioned in subsection (2), the inspector may—

        (a)     operate facilities at the premises to put the information in documentary form and copy the document so produced; or

        (b)     if the information can be transferred to a tape, disk or other storage device that—

              (i)     is brought to the premises; or

              (ii)     is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises;

operate the equipment or other facilities to copy the information to the storage device, and remove the storage device from the premises.