Document ID: chunk:federal_register_of_legislation:C2024C00508:section:131a
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 131A
Character Range: 338811–340711

131A  Monitoring powers—with consent or with warrant
 (1) The following are the monitoring powers that an inspector may exercise in relation to premises:
 (a) the power to search the premises and any thing on the premises;
 (b) the power to examine or observe any activity conducted on the premises;
 (c) the power to inspect, examine, take measurements of or conduct tests on any thing on the premises;
 (d) the power to make any still or moving image or any recording of the premises or any thing on the premises;
 (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 131B(1) and (3) and 131C(1).
 (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.