New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 12A

12A Powers of inspectors to stop, enter and search vehicles etc

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

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

(3) An inspector may, upon production of the prescribed evidence of his or her appointment if demanded, enter any vehicle, vessel, aeroplane or airship and may search and inspect it and open any part of it or require the driver or person in charge of such vehicle, vessel, aeroplane or airship to open any part of it for the purpose of ascertaining whether the vehicle, vessel, aeroplane or airship or part thereof or any stock, artificial breeding material, carcass, fodder, fitting, animal products or anything therein or thereon is infected or contaminated with disease, or is or apparently is being or has been conveyed with, in or by such vehicle, vessel, aeroplane or airship contrary to any provision of this Act or any regulation, proclamation, notification, undertaking, notice or permit made, given or issued under or pursuant to this Act.

(4) An inspector so entering, searching or inspecting may take specimens, open containers, packages or other things in or on the vehicle, vessel, aeroplane or airship and do such other things as the inspector may deem necessary or expedient for the purpose of preventing the importation, introduction, transmission or spread of any disease or thing likely to cause disease into or out of the State, portion of the State or any quarantine area, protected area, protected (control) area or land referred to in subsection (1).

(5) Any person who:

(a) being the driver or person in charge of any vehicle fails to comply with or observe the requirements of subsection (2),

(b) refuses or wilfully neglects to submit any vehicle, vessel, aeroplane or airship or any part thereof or any stock, artificial breeding material, carcass, fodder, fittings, animal products or anything therein or thereon to search or inspection by an inspector in pursuance of the provisions of this section, or who being the driver or person in charge of a vehicle, vessel, aeroplane or airship refuses or wilfully neglects to open any part thereof, or

(c) wilfully impedes or avoids any entry, search or inspection by an inspector acting under the provisions of this section or who fails to afford reasonable assistance to an inspector, so acting, to enter, search or inspect, or

(d) defaces, damages or removes a traffic sign which is displayed pursuant to subsection (1),

is guilty of an offence.

Maximum penalty: 100 penalty units.