New South Wales Consolidated Acts

EXHIBITED ANIMALS PROTECTION ACT 1986 - SECT 43

43 Offences relating to inspectors

(1) A person shall not:

(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector, or a member authorised to accompany an inspector, in the exercise of the inspector’s or member’s functions under this Act,

(b) fail or refuse to comply with any direction given under this Act by an inspector,

(c) without reasonable excuse, fail or refuse to answer any question authorised under this Act to be put by an inspector or give a false or misleading answer to any such question,

(d) fail or refuse to render assistance or fail or refuse to furnish information required by or under this Act to be furnished or, in purporting so to furnish information, furnish information that is false or misleading in a material particular,

(e) fail or refuse without reasonable excuse, proof of which shall lie upon the person:

(i) to produce for examination at the request of an inspector any licence, approval or permit issued to the person under this Act or the regulations, or

(ii) to produce for examination at the request of an inspector any book, paper or record required to be kept or made by the person by or under this Act,

or fail or refuse to allow an inspector to make a copy of or take an extract from any such licence, approval, permit, book, paper or record so produced,

(f) prevent, or attempt to prevent, a person from appearing before or being questioned by an inspector, or

(g) impersonate an inspector.

Maximum penalty: 20 penalty units.

(2) A person is not guilty of an offence against this Act because of a failure or refusal referred to in subsection (1) unless it is established that the inspector concerned:

(a) identified himself or herself as an inspector to the person, and

(b) warned the person that the failure or refusal, as the case may be, is an offence.