Commonwealth Consolidated Regulations

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THERAPEUTIC GOODS REGULATIONS 1990 - REG 12AC

Powers of authorised officers in relation to goods imported etc for experimental uses

  (1)   An authorised officer may, in relation to a clinical trial mentioned in regulation   12AB or column 2 of item   3 of the table in Schedule   5A:

  (a)   enter a site of the trial; and

  (b)   search the site and any thing on the site; and

  (c)   inspect, examine, take measurements of, or conduct tests on (including by the taking of samples), any thing on the site that relates to the trial; and

  (d)   take photographs, make video recordings or make sketches of the site or any thing on the site; and

  (f)   request the principal investigator to:

  (i)   answer any questions put by the authorised officer; and

  (ii)   produce any book, record or document requested by the authorised officer.

Note:   To avoid doubt, a reference to a thing in paragraph   (b), (c) or (d) includes a reference to a book, record or document.

  (2)   An authorised officer is not entitled to do a thing mentioned in subregulation   (1) if:

  (a)   the principal investigator, or any other person present at the site concerned and in apparent control, requests the authorised officer to produce his or her identity card for inspection; and

  (b)   the authorised officer fails to comply with the request.

Note:   For identity cards, see regulation   46AA.

  (3)   The principal investigator, or any other person present at the site and in apparent control, is entitled to observe a search conducted under paragraph   (1)(b), but must not impede the search.

  (4)   Subregulation   (3) does not prevent 2 or more areas of the site being searched at the same time.



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