Section 31

to investigate the commission of an offence under this Act;

to investigate any complaint or matter in respect of which the Board may take action against registered persons under section 20; and

to assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out in relation to any practice of optometry or opticianry.

an inspector may —

require any person to provide any information that is within his or her knowledge that the inspector believes on reasonable grounds to be connected with any suspected contravention of this Act;

require any person to produce any book, document, paper or other record, or other article, which may be related to the subject matter of the investigation for inspection by the inspector and for making copies thereof; and

examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; and

an inspector who is duly authorised by the Board in writing may, without warrant, enter, inspect and search any premises which is used or proposed to be used, or in respect of which there is reasonable cause to believe is being used for the carrying out of any practice of optometry or opticianry, and may —

inspect any apparatus, appliance, equipment or instrument used or found on the premises;

inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises;

inspect, test, examine, take and remove any container, article or other thing that the inspector reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises;

inspect any test or procedure performed or carried out on the premises in order to ensure compliance with the provisions of this Act;

inspect and make copies of and take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out at the premises;

inspect and make copies of and take extracts from, or require any licensee or person having the management or control of the premises to provide copies of or extracts from, the medical record of any person who has been or who is being treated or examined at the premises, even though that person’s prior consent has not been obtained;

take such photographs or video recording as the inspector thinks necessary to record the premises or part of the premises, including any apparatus, appliance, equipment, instrument, article, book, document or record (including a medical record) found on the premises; and

seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the inspector reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1)(a) or (b).

be reduced to writing and read over to the person; and

after correction, be signed by the person.

refuses to answer any question put to the person by an inspector or gives a false answer to the question;

refuses or fails to comply with any requirement of the inspector under subsection (2); or

wilfully obstructs an inspector in the exercise of the inspector’s authority under subsection (2),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 6 months or to both.