Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4l:p4
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4L (pt 4/43)
Character Range: 30210–32826

sample into the following parts:
 (a) one part that is to be retained for future comparison;
 (b) one part that is to be given to the person from whom the sample was taken;
 (c) if the officer intends to have the sample tested or analysed, one part for the purposes of that testing or analysis.
 (4) The officer must then enclose each part of a sample in a packaging in a way that prevents the contamination of the part, and must mark or label the packaging in a way that enables the part to be identified.
 (5) If an authorised officer intends to take a sample of any packaging under this Part, before removing the packaging from the vehicle or premises, as the case may be, he or she must give a written receipt that identifies the sample to the person from whom the sample was taken.
 (6) If an authorised officer finds numerous packages during an inspection or search, and the packages appear to be identical, the officer may take one or more of the packages as samples.
 (7) If subsection (6) applies, the officer must, immediately after taking the sample packages:
 (a) enclose each package taken in a packaging in a way that prevents the contamination of the package, and must mark or label the packaging in a way that enables the sample to be identified; and
 (b) must give one of the samples to the person from whom the sample was taken.
 (8) If a person who is offered a sample, or a part of a sample, under subsection (3)(b) or (7)(b) refuses to accept the sample or part, the officer must retain the sample or part.
 (9) The officer must give a sample, or a part of a sample, retained under subsection (8) to the person to whom it was offered if he or she is subsequently asked to do so by the person.".

17.  Correction of minor matters
 (1) In section 35(1)(b), for "train" substitute "unit".
 (2) In section 36(1), for "office" substitute "officer".
 (3) In section 52(2), for "paragraph (1)(c)" substitute "subsection (1)(c)".
 (4) In section 54(7), for "prosecution" substitute "charge".
 (5) In section 64(5), for "place" substitute "publish".
 (6) In section 65(1)(b), for "subsection 64(2)" substitute "section 64(2)".
 (7) In section 67(2), after "whole" insert "of this".

18.  Powers of authorised officers in emergencies
  In section 40(2), for "the driver of the train or the rail operator" substitute "a person who is involved in the transport of the dangerous goods on the train".

19.  Power to search premises
  In section 44(8)(b)(ii), after "goods" insert "or packaging".

20.  Exemptions
  At the end of section 64(7) insert –
"Offence provision".

21.  Offences concerning failure to