Summary of this Part

This Part describes:
  • the process for appointment of inspectors;
  • the powers and obligations of inspectors;
  • the rights and responsibilities of an occupier of premises when an inspector seeks to exercise powers; and
  • procedures relating to monitoring warrants and offence-related warrants.

Key provisions in this Part and major changes as a result of consultation on the draft Bill

The main role of inspectors will be to investigate suspected breaches of the legislation, and to gather evidence to assist in the prosecution of such offences.

Most of the provisions in this Part are technical provisions which set out the processes for appointment of inspectors, the powers and obligations of inspectors, and procedures relating to warrants and search warrants.

The provisions have been based on standard Commonwealth provisions which are contained in similar legislation. These provisions establish criminal offences and therefore require provisions which regulate the investigation of suspected breaches. Similar provisions are contained in the Therapeutic Goods Act 1989, the Environment Protection and Biodiversity Conservation Act 1998 and Food Acts in most States and Territories.

As these types of provisions are quite common in both State and Commonwealth legislation, and the precise wording of each reflects the current drafting practice
of government, detailed explanations of each of the Divisions of this Part have not been included in this Guide.

For a clause by clause explanation of this Part please refer the Explanatory Memorandum to the Gene Technology Bill 2000