Document ID: chunk:federal_register_of_legislation:C2024C00508:section:132a
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 132A
Character Range: 347627–349971

132A  Investigation powers
 (1) The following are the investigation powers that an inspector may exercise in relation to premises under section 132:
 (a) if entry to the premises is with the occupier's consent—the power to search the premises and any thing on the premises for the evidential material the inspector has reasonable grounds for suspecting may be on the premises;
 (b) if entry to the premises is under an investigation warrant:
 (i) the power to search the premises and any thing on the premises for the kind of evidential material specified in the warrant; and
 (ii) the power to seize evidential material of that kind if the inspector finds it on the premises;
 (c) the power to inspect, examine, take measurements of, and conduct tests on evidential material referred to in paragraph (a) or (b);
 (d) the power to make any still or moving image or any recording of the premises or evidential material referred to in paragraph (a) or (b);
 (e) the power to inspect any document on the premises;
 (f) the power to take extracts from, or make copies of, any such document;
 (g) the power to take and keep samples of any thing on the premises;
 (h) the power to open any container at the premises for the purpose of inspecting, or taking a sample of, its contents provided that the container is resealed after the inspection is made or the sample is taken;
 (i) the power to give directions for dealing with a container, or a label on a container, that has been opened or sampled in accordance with paragraph (h);
 (j) the power to destroy or make harmless, or give directions for the destruction or making harmless of, a chemical product at the premises;
 (k) the power to take onto the premises such equipment and materials as the inspector requires for the purpose of exercising powers in relation to the premises;
 (l) the powers set out in subsections 132B(1) and (2) and section 132C.
 (2) A person who is given a direction under subsection (1) must comply with the direction.
 (3) A person commits an offence of strict liability if the person contravenes subsection (2).
Penalty: 30 penalty units.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) Subsection (2) is a civil penalty provision.
Note: Division 2 of Part 9A provides for pecuniary penalties for contraventions of civil penalty provisions.