New South Wales Consolidated Acts

STOCK MEDICINES ACT 1989 - SECT 50A

50A Conditions of exercise by inspector of power of entry

(1) The power conferred on an inspector by section 50 to enter any land, building, premises or place may not be exercised unless the inspector:

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

(b) gives reasonable notice to the occupier of the land, building, premises or place, 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 land, building, premises or place, and

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

(2) 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 into any part of premises used for residential purposes, unless the occupier consents, 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.

(3) An inspector may not enter any part of premises used for residential purposes unless the occupier consents.

(4) If damage is caused by an inspector exercising a power to enter any land, building, premises or place (or by a person assisting such an inspector), a reasonable amount of compensation is recoverable as a debt owed by the employer of the inspector to the owner of the land, building, premises or place, unless the exercise of the power was obstructed.

(5) This section does not apply to a power conferred by a search warrant.

(6) In this section:
"certificate of authority" means a certificate that, to enable an officer to exercise a power conferred by this section, is issued to the inspector by the Director-General.