New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 7A

7A Questions and inquiries by inspectors

(1) Where an inspector at any reasonable time informs a person that the inspector is making inquiries for the purposes of this Act in relation to any stock, artificial breeding material or carcass which is infected or which the inspector suspects to be or to have been infected, any stock which in the opinion of the inspector is straying, any fodder which is or fittings which are contaminated with disease or which the inspector suspects to have been so contaminated or any stock, artificial breeding material, carcass, fodder or fittings in respect of which, in the opinion of the inspector, an offence against this Act or the regulations has been committed, and the inspector has warned that person that it is an offence under this Act to fail to answer the question concerned or to give a reply that is false or misleading in any material particular, that person shall not fail to answer any question, being a question relating to the stock, artificial breeding material, carcass, fodder or fittings, put to the person by the inspector, or make a reply to any such question, that is false or misleading in any material particular.

(2) The person must also comply with any demand by the inspector to produce any record in the possession or under the control of the person relating to the stock, artificial breeding material, carcass, fodder or fittings if the inspector has put a question to the person under subsection (1) and also warned the person that it is an offence not to comply with a demand under this subsection.

(3) An inspector may make copies of, or extracts or notes from, a record referred to in subsection (2).

(4) A person referred to in subsection (1) is not excused from:

(a) answering a question put to the person pursuant to subsection (1), or

(b) producing any record demanded of the person pursuant to subsection (2),

on the ground that the answer or the record might tend to incriminate the person but, where the person claims, before answering the question or producing the record, that the answer or the record so produced might tend to incriminate the person, neither the question nor the answer, nor any record produced, is admissible in evidence against the person in criminal proceedings other than proceedings under subsection (1) or (2).