40V. Power to require samples

The Director-General or any authorised officer may, by written notice, require any person that supplies any GHG goods or imports any GHG goods for the person’s own use to provide (free of charge), within the period and in the form and manner specified in the written notice, samples of the GHG goods, or of any greenhouse gas or blend or mixture of greenhouse gases used or contained in the GHG goods, for the purpose of testing or analysis.

The power to require a person to provide any samples under subsection (1) includes the power to require the extraction of the samples to be carried out in the presence of the Director-General or any authorised officer.

The Director-General or any authorised officer is entitled, without payment, to retain any samples provided to the Director‑General or authorised officer under subsection (1).

A person that, without reasonable excuse, fails to do anything required of the person by a written notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.