Document ID: chunk:federal_register_of_legislation:C2024C00480:section:126
Version: federal_register_of_legislation:C2024C00480
Segment Type: section
Provision Reference: s 126
Character Range: 142822–144653

126  Testing GEMS products etc.
 (1) A person who is authorised to test GEMS products in a product class may test, examine and sample any of the following GEMS products in that product class for the purpose of determining whether the product, or a model of the product, complies with a provision of this Act:
 (a) a GEMS product purchased by the person;
 (b) a GEMS product given to the GEMS Regulator under section 57 (requirement for registrant to give product—determining whether model complies with GEMS determination);
 (c) a GEMS product purchased by a GEMS inspector under section 86 (inspection powers in public areas of GEMS business premises);
 (d) a GEMS product seized under Part 3 of the Regulatory Powers Act, as that Part applies under section 88 of this Act.
Note: The expression this Act has an extended meaning (see the Dictionary in section 5).
 (2) Without limiting subsection (1), the power under that subsection:
 (a) includes the power to test, examine and sample a GEMS product in accordance with requirements specified under section 63; and
 (b) may be exercised in relation to a GEMS product even though that might result in:
 (i) damage to, or the destruction of, the product or a package containing the product; or
 (ii) the reduction in the value of the product or a package containing the product.
 (3) However, if the GEMS product is covered by paragraph (1)(b) or (d), the person must not be more destructive in exercising the power under subsection (1) in relation to the product than is reasonable for the purpose of determining whether the product, or a model of the product, complies with a provision of this Act.
Note: If the operation of this section would result in an acquisition of property otherwise than on just terms, see section 174.

Part 8—Enforcement

Division 1—Guide to this Part