New South Wales Consolidated Acts

STOCK (CHEMICAL RESIDUES) ACT 1975 - SECT 5A

5A Conditions of exercise of powers of entry

(1) The power conferred on an inspector by section 5 to enter any land, building, vehicle, vessel or aeroplane 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 or building, or the person in charge of the vehicle, vessel or aeroplane, unless the giving of notice would defeat the purpose for which it is intended to exercise the authority, 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 charge of the land, building, vehicle, vessel or aeroplane, 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 power does 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 of entry under this section, a reasonable amount of compensation is recoverable as a debt owed by the employer of the inspector to the owner of the premises or property entered, 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 inspector to exercise a power conferred by section 5, is issued to the inspector by the Director-General.