Page:Human Cloning and Other Prohibited Practices Act 2004.pdf/10

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10

NO. 35 OF 2004



(iv) the source of any human, animal or plant tissue or any other substance or matter that has been or is being used in any such prohibited practice; or
(v) any other matter that is relevant to the administration or enforcement of this Act; and
(e) seize and remove from those premises any book, document, record, electronic material, apparatus, appliance, equipment, instrument, sample, human, animal or plant tissue or other substance or matter which the enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act.

(3) Subject to subsection (4), any article seized or taken by an enforcement officer under subsection (2) may be retained by the Director for a period of 6 months or such longer period as a Magistrate's Court may, on application by an enforcement officer, allow.

(4) If, within the period allowed under subsection (3), proceedings are commenced against any person for an offence under this Act and the article so seized or taken is relevant to the proceedings, then that article may be retained by the Director until the conclusion of those proceedings.

(5) Where any person has been convicted of an offence under this Act, any article seized or taken by an enforcement officer under subsection (2) in respect of that offence shall be destroyed, disposed of or otherwise dealt with in such manner as the Director may think fit.

(6) Any person who—

(a) refuses or fails, without reasonable excuse, to comply with any requirement of an enforcement officer under this section; or
(b) gives any false or misleading information when required to furnish any information to an enforcement officer under this section,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.