Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
70. (1) Where an inspector suspects on reasonable grounds that there may be, or that within the next following 28 days there may be, on any premises, a thing of a particular kind connected with a particular defined offence, the inspector may—
(a) lay before a magistrate an information on oath setting out those grounds; and
(b) apply for the issue of a warrant to search the premises for things of that kind.
(2) Where an application is made under subsection (1) for a warrant to search premises, the magistrate may issue a warrant authorising an inspector named in the warrant with such assistance and by such force as is necessary and reasonable—
(a) to enter the premises;
(b) to search the premises for things of the kind specified in the warrant; and
(c) to seize any thing found in the course of the search that the inspector believes, on reasonable grounds, to be a thing of that kind connected with the relevant offence.
(3) A magistrate shall not issue a warrant unless—
(a) the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(4) A warrant shall—
(a) state the purpose for which it is issued;
(b) specify the nature of the offence in relation to which the entry and search are authorised;
(c) specify particular hours during which the entry is authorised, or state that the entry is authorised at any time of day or night;
(d) include a description of the kind of things in relation to which any power under subsection 71 (1) may be exercised; and
(e) specify the date, being a date not later than 28 days after the date of issue of the warrant, on which the warrant ceases to have effect.
71. (1) Subject to this Part, where an inspector enters premises in accordance with this Part, he or she may—
(a) require the occupier of the premises to give the inspector his or her name and residential address;
(b) inspect the premises and any pesticide on the premises, or any thing on the premises, including any book, document or record, that the inspector believes on reasonable grounds to be connected with a pesticide or with any dealing with a pesticide;
(c) take a sample of any pesticide on the premises for analysis;
(d) take an extract from, or make a copy of, any book, document or record inspected;
(e) take such photographs as the inspector believes on reasonable grounds to be necessary for the purposes of this Act;
(f) seize any pesticide, or any thing, that the inspector believes on reasonable grounds to be connected with a defined offence;
(g) seize a pesticide for the purpose of its disposal where the inspector believes on reasonable grounds that it is necessary to ensure the minimisation of—
(i) any risk to public health; or
(ii) any risk of damage to the environment or to property;
(h) seize a pesticide for the purposes of its disposal where the inspector believes on reasonable grounds that it is necessary to avert—
(i) an imminent and serious threat to public health; or
(ii) an imminent and serious threat of damage to the environment or to property; or
(j) require the occupier to give the inspector such assistance as is reasonable to enable the inspector to exercise his or her powers under this section.
(2) Where an inspector takes a sample of a pesticide under paragraph (1) (c), seizes a pesticide or thing under paragraph (1) (f), or seizes a pesticide under paragraph (1) (g) or (h), he or she shall give a receipt for that sample, thing or pesticide to its owner or the person who had possession, custody or control of it immediately before it was taken or seized.
(3) Where an inspector seizes a pesticide under paragraph (1) (f), (g) or (h), he or she shall take a sample of the pesticide for analysis.
(4) A person shall not, without reasonable excuse, contravene a requirement made of him or her under this section.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
(5) In this section, “pesticide” means a substance which the relevant inspector believes on reasonable grounds to be a pesticide.
72. (1) Where an inspector takes a sample of a pesticide under section 71, he or she shall—
(a) divide the sample into 3 parts;
(b) place each of those parts in a separate container and seal each container;
(c) attach to each container a label bearing the signature of the inspector and particulars of the date and time when, and the place at which, the sample was taken; and
(e) deliver one container to the person who had possession custody or control of the relevant pesticide immediately before the sample was taken, another to an analyst and the third container to the Registrar.
(2) Except in the case of a sample of a pesticide seized under paragraph 71 (1) (h), where subsection (1) applies and the relevant inspector is unable, after making reasonable inquiries, to locate the person who had possession, custody or control of the relevant pesticide immediately before the sample was taken, the inspector shall leave the first container referred to in paragraph (1) (e) at the premises from which the sample was taken.
(3) Where a sample of a pesticide is taken under section 71, the Territory shall compensate the owner.
(4) In this section, “pesticide” means a substance which the relevant inspector believes on reasonable grounds to be a pesticide.
73. (1) Where an inspector enters premises in accordance with this Part, he or she may give a person who has possession, custody or control of a pesticide written directions for dealing with the pesticide where the inspector is satisfied on reasonable grounds that it is necessary to ensure the minimisation of—
(a) any risk to public health; and
(b) any risk of damage to the environment or to property.
(2) An inspector shall not give a direction under subsection (1) requiring a person to dispose of a pesticide.
(3) An inspector shall not give a direction to a person under subsection (1) which conflicts with a direction issued under section 44, a notice published under subsection 15 (4) or section 45, or with a restricted permit, a research permit or an emergency permit.
(4) A direction under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .
(6) In this section, “pesticide” means a substance which the relevant inspector believes on reasonable grounds to be a pesticide.
74. (1) In the circumstances referred to in paragraph 71 (1) (g), at the request of the owner, or the person who has possession, custody or control of the relevant pesticide, the inspector may, instead of seizing the pesticide for the purpose of its disposal, give that person written directions requiring the person to dispose of it.
(2) In directions given under subsection (1), the inspector may specify the manner in which, and the time within which, the pesticide is to be disposed of.
(3) Where a pesticide is disposed of pursuant to directions given under subsection (1), the Territory shall compensate the owner.
(4) An inspector shall not give a direction to a person under subsection (1) which conflicts with a direction issued under section 44, a notice published under subsection 15 (4) or section 45, or with a restricted permit, a research permit or an emergency permit.
(5) A direction under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989 .
75. (1) Where a pesticide is seized under paragraph 71 (1) (g), the inspector who seizes it shall give written notice to its owner, or the person who had possession, custody or control of it immediately before the seizure, requesting that person to show cause why the pesticide should not be disposed of.
(2) A notice under this section shall specify—
(a) the grounds upon which the inspector bases his or her belief that the disposal of the pesticide is necessary; and
(b) the period, not being less than 2 working days after the time at which the notice was given, after which the Registrar may cause the pesticide to be disposed of under subsection (3).
(3) Where a notice is given under subsection (1), the Registrar shall cause the pesticide to be disposed of after the expiration of the period specified in the notice, if, taking into account any representation made by the person to whom the notice was directed, the Registrar is satisfied on reasonable grounds that the disposal of the pesticide is necessary to ensure the minimisation of—
(a) any risk to public health; or
(b) any risk of damage to the environment or to property.
(4) Where a notice is given under subsection (1), if the Registrar is not satisfied on reasonable grounds pursuant to subsection (3) of the necessity of the disposal of the pesticide, he or she shall cause the pesticide to be released to its owner, or to the person from whom it was seized.
(5) Where a pesticide is disposed of pursuant to subsection (3), the Territory shall compensate the owner.
(6) In this section, “pesticide” means a substance which the inspector who seizes it believes on reasonable grounds to be a pesticide.
76. (1) Where a pesticide is seized under paragraph 71 (1) (h), the Registrar shall cause the pesticide to be disposed of immediately, if satisfied on reasonable grounds that it is necessary to avert—
(a) an imminent and serious threat to public health; or
(b) an imminent and serious threat of damage to the environment or to property.
(2) Where a pesticide is seized under paragraph 71 (1) (h), if the Registrar is not satisfied on reasonable grounds pursuant to subsection (1) of the necessity of the disposal of the pesticide, he or she shall cause the pesticide to be released to its owner, or to the person from whom it was seized.
(3) Where a pesticide is disposed of pursuant to subsection (1), the Territory shall compensate the owner.
(4) In this section, “pesticide” means a substance which the inspector who seizes it believes on reasonable grounds to be a pesticide.