New South Wales Consolidated Acts

VETERINARY PRACTICE ACT 2003 - SECT 91

91 Power of entry and examination

(1) An inspector may, at any reasonable time, enter any premises in which the inspector has reasonable cause to believe that any person is doing or has done any act that is a restricted act of veterinary science for the purpose of ascertaining:

(a) whether any provision of this Act or the regulations has been or is being contravened, or

(b) whether the conduct of a veterinary practitioner constitutes unsatisfactory professional conduct or professional misconduct.

(2) An inspector may:

(a) make such examinations, inspections and inquiries, and

(b) collect and take away such samples and specimens, and

(c) take such photographs, and

(d) seize and take away such records,

in or from premises entered in accordance with this section as the inspector considers necessary in connection with the administration of this Act.

(3) An inspector may exercise the powers conferred by this section with the aid of such assistants as the inspector considers necessary.

(4) A person must not, without reasonable excuse:

(a) obstruct or hinder an inspector in the exercise of the inspector’s powers under this section, or

(b) being the occupier of the premises-refuse to assist the inspector in exercising those powers.

Maximum penalty: 20 penalty units.

(5) This section does not authorise an inspector to enter that part of any premises being used for residential purposes without the consent of the occupier of that part of the premises.

(6) An inspector must, at the request of a person in relation to whom the inspector is exercising or proposing to exercise powers under this Act, produce a written authority issued by the Board authorising the inspector to exercise those powers.

(7) An inspector may exercise in relation to a public place any of the powers conferred by this section in the same way as the inspector may exercise those powers in relation to premises entered in accordance with subsection (1).

(8) In this section, "premises" includes any land, vehicle, vessel or aircraft.