South Australian Numbered Acts South Australian Numbered Acts49—Powers of inspectors
(1) If there are
reasonable grounds for suspecting—
(a) that
there is proper cause for disciplinary action against a person; or
(b) that
a pharmacist or pharmacy student is medically unfit to provide
pharmacy services; or
(c) that
a person is guilty of an offence against this Act,
an inspector may investigate the matter.
(2) An inspector may
investigate whether the requirements determined by the Board to be necessary
for the registration of premises as a pharmacy are met in relation to premises
so registered by the Board.
(3) For the purposes
of an investigation, an inspector may—
(a) at
any reasonable time, enter and inspect premises of a registered person, a
pharmacy or pharmacy depot or premises on which the inspector reasonably
suspects an offence against this Act has been or is being committed; or
(b) with
the authority of a warrant issued by a magistrate or in circumstances in which
the inspector reasonably believes that immediate action is required, use
reasonable force to break into or open any part of, or anything in or on any
premises referred to in paragraph (a); or
(c)
while on premises entered under paragraph (a) or (b), seize and retain
anything found on the premises that the inspector reasonably believes may
afford evidence relevant to the matters under investigation; or
(d)
require any person who has possession of documents or records relevant to the
matters under investigation to produce those documents or records for
inspection, including written records that reproduce in a readily
understandable form information kept by computer, microfilm or other process;
or
(e)
inspect any documents or records produced to the inspector and retain them for
such reasonable period as the inspector thinks fit, and make copies of the
documents or records; or
(f)
require any person who is in a position to provide information relevant to the
matters under investigation to answer any question put by the inspector in
relation to those matters; or
(g) take
photographs, films or video or audio recordings; or
(h) if
the inspector reasonably suspects that an offence against this Act has been or
is being committed, require the suspected offender to state his or her full
name and address.
(4) An inspector must
not exercise the power conferred by subsection (3)(a) in relation to
residential premises except with the permission of the occupier of the
premises or on the authority of a warrant issued by a magistrate.
(5) A magistrate must
not issue a warrant under this section unless satisfied, by information given
on oath, that the warrant is reasonably required in the circumstances.
(6) The person in
charge of premises at the relevant time must give an inspector such assistance
and provide such facilities as are necessary to enable the powers conferred by
this section to be exercised.
Maximum penalty: $5 000.