31 Authorised person may enter manufacturing facility

(1)

The Authority may authorise a person (an authorised person) to enter a manufacturing facility during the normal business hours of the facility and to exercise any power set out in this section for the purpose of—

(a)

assessing an application for a licence to manufacture; or

(b)

assessing whether the manufacturing facility is complying with the code of manufacturing practice or any conditions of a licence to manufacture.

(2)

For the purpose of subsection (1)(a) or (b), an authorised person may—

(a)

open containers and packages and inspect the contents:

(b)

request, gather, or secure evidence, take samples of any psychoactive substances, and test or analyse or arrange for the testing or analysis of such samples:

(c)

inspect, inquire about, or copy any documents or other records (including documents or other records in an electronic form) relating to the obligations imposed under this Act or the regulations:

(d)

remove any documents or other records (including documents or other records in an electronic form) from the manufacturing facility for the purpose of taking copies of the documents or records.

(3)

An authorised person must provide—

(a)

evidence of his or her authorisation to the person in charge of the manufacturing facility at the time when the authorised person first enters the facility, and at any later time at the request of the person in charge; and

(b)

to the person in charge of the manufacturing facility a list of any items that have been removed from the facility.

(4)

The Authority must ensure that—

(a)

any items (except a sample) that have been removed from the facility under this section are retained only for as long as is necessary to achieve the purpose for which they were removed; and

(b)

any property (except a sample) that has been removed is maintained, cared for, and secured during the period of its removal.

(5)

An authorisation under subsection (1) must be in writing and specify—

(a)

a reference to this section; and

(b)

the full name of the authorised person; and

(c)

a statement of the powers conferred on the authorised person under this section; and

(d)

the authorised person’s reasons for entering the manufacturing facility.

(6)

For the purposes of subsection (1), enter a manufacturing facility includes to go on, into, under, or over the manufacturing facility.