New South Wales Consolidated Acts

STOCK (CHEMICAL RESIDUES) ACT 1975 - SECT 5

5 Powers of inspectors

(1) An inspector may:

(a) enter any land, building, vehicle, vessel or aeroplane for the purpose of searching for or examining any stock or of exercising any other power conferred by this Act or the regulations,

(b) take from:

(i) any head of stock, or

(ii) any carcass,

a specimen of any kind for the purpose of ascertaining whether that head of stock is, or whether that carcass is derived from a head of stock that was, chemically affected,

(c) take samples from the soil or pasture of any land or from any fodder for the purpose of ascertaining whether that soil, pasture or fodder is capable of causing stock to become chemically affected,

(d) order the owner or person in charge of stock or the occupier of any land on which any stock are kept or pastured:

(i) to muster them at a specified place on the land or, where in the opinion of the inspector no facilities suitable for the purpose of the order exist on the land, at a specified place on other land, for the purpose of examination or of enabling the inspector to take any specimens from them or to exercise any other power conferred by this Act or the regulations, and

(ii) to provide such assistance as the inspector may reasonably require for the purposes of subparagraph (i),

(e) in respect of travelling stock:

(i) detain them for the purpose of examination or of enabling the inspector to take any specimens from them or to exercise any other power conferred by this Act or the regulations, or

(ii) order the owner or person in charge of the stock to take them to a specified place for that purpose, and

(f) demand from any person the inspector finds committing an offence against this Act or the regulations or any person whom, on reasonable grounds, the inspector suspects of having committed any such offence, the person’s name and place of abode.

(2) A person shall not:

(a) threaten, assault or wilfully delay or obstruct an inspector in the exercise of the inspector’s powers under this Act or the regulations,

(b) fail to comply with the requirements of an order under subsection (1) (d) or (e), or

(c) upon a demand being made under subsection (1) (f), fail or refuse to state his or her name or place of abode or state a name that is not his or her name or state a place of abode that is not his or her place of abode.

Maximum penalty: 100 penalty units.

(3) If a person fails to comply with the requirements of an order under subsection (1) (d) or (e), an inspector may carry out those requirements, with or without assistance.

(4) The costs and expenses incurred by an inspector in the exercise of powers under subsection (3) upon non-compliance with an order are recoverable in a court of competent jurisdiction as a debt to the Crown owed by the person on whom the order was served.

(5) A person on land, or in a building, entered under this section by an inspector must, if required to do so by the inspector:

(a) produce any record that is in the possession, or under the control, of the person and relates to the purchase, use or disposal by the person of:

(i) a substance liable to produce a residue, or

(ii) a stock medicine or other substance the subject of an order in force under section 4, and

(b) permit the inspector to inspect the record, take copies of or extracts from the record and make notes relating to the record.

Maximum penalty: 100 penalty units.