New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 25

25 Powers of inspectors in relation to premises

(1) For the purpose of ascertaining whether an offence against this Act or the regulations has been committed, an inspector may do any one or more of the following things:

(a) the inspector may enter and remain in or on any premises in which the inspector believes, on reasonable grounds, that soil improving agents or trace element products are sold,

(b) the inspector may search and inspect any such premises for the presence of:

(i) any soil improving agent or trace element product,

(ii) any parcel used for containing a soil improving agent or trace element product, or

(iii) any document relating to the sale of a soil improving agent or trace element product,

(c) the inspector may examine any soil improving agent, trace element product, parcel or document found in or on any such premises,

(d) the inspector may take, without payment, a quantity not exceeding 3 kilograms of any soil improving agent or trace element product found in or on any such premises,

(e) the inspector may take copies of, or extracts or notes from, any document found in or on any such premises,

(f) the inspector may require any person found in or on any such premises to produce any soil improving agent, trace element product, parcel or document which is in the possession or under the control of that person and which the inspector believes, on reasonable grounds, to relate to the sale of a soil improving agent or trace element product.

(2) In exercising in or on any premises any power conferred by subsection (1), an inspector shall, if required to do so by a person apparently for the time being in charge of those premises, produce to that person the inspector’s certificate of identification.

(3) Subsection (1) does not authorise an inspector to exercise any power conferred by that subsection in any part of premises used for residential purposes or in relation to any person in or on any such part of premises.

(4) The powers conferred by subsection (1) (a) and (b) may be exercised by an inspector between the hours of 7.00 am and 7.00 pm only.

(5) A person shall not fail to comply with a requirement made by an inspector under subsection (1) (f).

Maximum penalty (subsection (5)): 50 penalty units.