New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 17

17 Power to order destruction

(1) An order may be given to a person to destroy or dispose of infected stock or infected artificial breeding material or any carcass, or produce, of infected stock, or fodder or other thing used in connection with infected stock or infected artificial breeding material.

(2) An order may be given to a person to destroy or dispose of stock or artificial breeding material or any carcass, or produce, of stock, or fodder or other thing used in connection with stock or artificial breeding material, if the stock, artificial breeding material, carcass, produce, fodder or other thing is in a quarantine area, protected area or protected (control) area. For the purposes of this subsection, it does not matter whether the stock or artificial breeding material is infected or not.

(3) An order under this section may be given:

(a) only if the person giving it is satisfied that the destruction or disposal would tend to prevent the spread or occurrence of disease, and

(b) only to the owner or person in charge of the stock, artificial breeding material, carcass, produce, fodder or other thing concerned or to any owner or occupier of land on which the stock, artificial breeding material, carcass, produce, fodder or other thing is located, and

(c) only by the Minister or a person authorised by the Minister for the purposes of this section.

(4) Authorisation for the purposes of this section may be granted by the Minister to any one or more of the following:

(a) the Director-General,

(b) inspectors of a class prescribed by the regulations for the purposes of this paragraph or, if no such class is prescribed, inspectors employed by the Department.

(5) A person referred to in subsection (4) (a) or (b) cannot give an order under this section unless he or she has in possession a certificate of authorisation signed by the Minister and shows it on demand to the person to whom he or she gives the order. The certificate may be either an original or a copy made by facsimile transmission.