New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 13

13 Powers of inspection

(1) At any place on or near the boundary of the State, any portion of the State, quarantine area or land to or in respect of which a proclamation, notification, order or undertaking given under or pursuant to this Act or regulations applies, an inspector may display a traffic sign of a type approved in such a manner as to be clearly visible to the driver or person in charge of a vehicle approaching such place.
In this subsection "place" includes road whether public or otherwise.

(1A)

(a) The driver or person in charge of a vehicle approaching towards such sign shall stop or cause such vehicle to be stopped within a reasonable distance of such sign and keep such vehicle stationary for the purposes of enabling an inspector to exercise the powers conferred on the inspector by or under this Act or any such proclamation, notification, order, undertaking or regulation.

(b) An inspector may in respect of any such vehicle exercise the like powers as are conferred upon the inspector in respect of a vehicle under subsection (1BA).

(1B) An inspector may enter any land, premises, vehicle or vessel for the purpose of:

(a) searching for or inspecting any plants, fruit, coverings or other things (whether of the same or a different kind) that the inspector believes on reasonable grounds:

(i) are infected or are likely to convey infection, or

(ii) have been introduced into the State or any portion of the State, or are being conveyed or dealt with, in contravention of any proclamation, notification, order or undertaking given under this Act or the regulations, or

(b) installing a device to monitor any pest or disease, or inspecting such a device already installed, or

(c) determining whether any duty or obligation imposed by or under this Act has been discharged.

(1BA) An inspector exercising a power conferred by this section may:

(a) for the purpose of searching for or inspecting any plants, fruit, coverings or other things referred to in subsection (1B) (a):

(i) open any part of a vehicle or vessel (or require the driver or person in charge of the vehicle or vessel to do so), and

(ii) open any coverings, or

(b) take samples of any such plants, fruit, coverings or other things, or

(c) install, or inspect any device installed, for monitoring a pest or disease.

(1C) Nothing in this section shall authorise an inspector to enter in or upon or to search or inspect that portion of any premises which is used for residential purposes except under a written authority given by the Minister. Any such authority shall be limited to a particular case.

(2) An inspector may serve a notice on the owner or person in charge of any plant, fruit, covering, vehicle, vessel or other thing, whether of the same or of a different kind or nature, which the inspector is satisfied is infected requiring the owner or person in charge to take such measures or do such acts as are specified in the notice, or as are prescribed, to treat the infection.

(3) A power conferred by this section to enter any land, premises, vehicle or vessel is not to be exercised unless the inspector:

(a) has been issued by the Director-General with a certificate of authority, and

(b) in the case of entry of any land or premises-gives reasonable notice to the occupier of the land or premises, unless the giving of notice would defeat the purpose for which it is intended to exercise the power, and

(c) exercises the power at a reasonable hour of the day, unless it is being exercised in an emergency, and

(d) produces the certificate of authority if required to do so by a person apparently in occupation of the premises or in charge of the vehicle or vessel, and

(e) uses no more force than is reasonably necessary to effect the entry.

(4) A certificate of authority must:

(a) state that it is issued under this Act, and

(b) give the name of the inspector to whom it is issued, and

(c) describe the nature of the powers conferred and the source of the powers, and

(d) state the date (if any) on which it expires, and

(e) state that the powers do not authorise entry, without the consent of the occupier, into any part of premises used for residential purposes, except as authorised under subsection (1C), and

(f) bear the signature of the person by whom it is issued and state the capacity in which the person is acting in issuing the certificate.