CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 20
Powers of inspectors
CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 20
Powers of inspectors
20 Powers of inspectors
(1) An inspector may—
(a) enter any place (using such force as is necessary)
in, at or on which the inspector has reasonable grounds for suspecting or
believing that—
(i) any chemical is kept, stored, used, made, manufactured,
mixed or prepared for use; or
(ii) there is or may be any equipment used or
intended to be used in connection with the use of a chemical; or
(iii) any
chemical has been, is being or will be used; or
(iv) any prescribed substance
is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or
sold; or
(b) enter any place (using such force as is necessary) if the
inspector has reasonable grounds for suspecting or believing that his or her
entry may assist the inspector to ascertain the cause of any
prescribed substance having the residue of a chemical in or on it; or
(c)
investigate and inquire into any matter for the purpose of ascertaining
whether or not this Act is being complied with; or
(d) search for, inspect
and examine any chemical or prescribed substance or any equipment (including
an aircraft) used in connection with the preparation, mixing, loading or use
of any chemical; or
(e) open or break open any package containing or which
the inspector believes on reasonable grounds to contain any chemical or
prescribed substance; or
(i) any prescribed substance
that the inspector suspects or believes on reasonable grounds has been dealt
with in a manner that is contrary to a direction contained in a notice under
section 16or not in accordance with an approval given under section 17; or
(ii) any agricultural produce or manufactured stock food derived from a plant,
or product derived from a trade species animal, to which a notice under
section 16or an approval under section 17relates if the inspector suspects
or believes on reasonable grounds the plant or animal has been dealt with in a
way that is contrary to a direction in the notice or not in compliance with
the approval; or
(iii) any proscribed chemical in the possession of or being
used by a person where the inspector suspects or believes on reasonable
grounds that such possession or use constitutes an offence against this Act;
or
(iv) any chemical or package that the inspector suspects or believes on
reasonable grounds is being or has been used, stored, disposed of or otherwise
dealt with contrary to this Act; or
(h) remove any chemical or
prescribed substance seized by the inspector or allow all or part of the
chemical or substance to remain at the place of seizure and, in that case, may
fasten, secure, or seal and label, the chemical or substance or any package
containing the chemical or substance or any door, gate or aperture affording
access to the chemical, substance or package; or
(i) weigh, count, measure,
gauge, brand, label, mark or otherwise identify any chemical or
prescribed substance; or
(j) require a person to produce to the inspector any
accounts, books, invoices, records or other documents relating to the sale,
storage or use of any chemical or prescribed substance and may retain the same
for the purpose of making a copy thereof or taking an extract therefrom and
may make the copy or take the extract; or
(k) require a person in possession
of any chemical or prescribed substance to state the name and address (if
known to the person) of or otherwise identify the person from whom he or she
acquired the chemical or substance; or
(l) in the exercise of the
inspector’s powers photograph or make such audio or visual recordings as the
inspector considers necessary or desirable; or
(m) require a person found by
the inspector committing an offence against this Act or who the inspector has
reasonable grounds for believing has committed an offence against this Act or
whose name and address are in the inspector’s opinion formed on reasonable
grounds required for the purposes of this Act, to state the person’s full
name and the address of his or her usual place of business or residence and,
if the inspector suspects on reasonable grounds that a name or address so
stated is false, may require the person to produce evidence of the correctness
thereof; or
(n) stop, detain and search any vehicle—
(i) used or that the
inspector suspects or believes on reasonable grounds is being or is likely to
be used to convey any chemical or prescribed substance or to apply any
chemical; or
(ii) in, on or from which the inspector suspects or believes on
reasonable grounds any chemical or prescribed substance is sold or prepared
for sale, packed, stored, handled, or supplied for sale or use; or
(o) call
to his or her aid a person who the inspector thinks is competent to assist him
or her in the exercise of his or her powers and authorities or the discharge
of his or her functions and duties and a person while aiding an inspector
shall have the powers and authorities of an inspector; or
(p) for the purpose
of exercising the inspector’s powers, require the owner or occupier of any
place entered by the inspector for the purposes of this Act to provide the
inspector with all reasonable assistance; or
(q) exercise such other powers
or authorities and discharge such functions and duties as are prescribed.
(2)
A person shall comply with the requirement of an inspector made under
subsection (1) .
Penalty—
Maximum penalty for subsection (2) —100
penalty units.
(3) In this section—
"prescribed substance" means any of the following—
(a) agricultural produce;
(b) manufactured stock food;
(c) a trade species animal;
(d) a product
derived from a trade species animal;
(e) fertiliser;
(f) a plant;
(g) a
substance used in connection with a thing mentioned in paragraphs (a) to (f) .