Document ID: chunk:federal_register_of_legislation:C2010A00125:clause:1_53j
Version: federal_register_of_legislation:C2010A00125
Segment Type: clause
Provision Reference: sch 1 cl 53J
Character Range: 40329–41463

53J  Powers to take samples and conduct tests

Taking samples
 (1) If an inspector seizes gas or another substance under section 53, the inspector may arrange for samples to be taken of the gas or other substance by the inspector or another person.
 (2) The regulations may prescribe procedures for dealing with samples taken under this Division.
 (3) The regulations may provide for compensation to be paid for samples taken under this Division.

Conducting tests
 (4) If a sample of gas or another substance is taken by an inspector under this Division, the inspector may arrange for tests to be conducted on the sample by the inspector or another person.
 (5) The regulations may prescribe procedures for the conduct of tests under this Division.

Substantial compliance with procedures
 (6) The regulations may provide that:
 (a) particular procedures prescribed for the purposes of this section need not be strictly complied with; and
 (b) substantial compliance is sufficient.
 (7) However, subsection (6) does not apply to procedures for ensuring that a sample is not interfered with by anyone who is not authorised to do so.