South Australian Consolidated Acts

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LIVESTOCK ACT 1997 - SECT 38

38—Individual orders

        (1)         If an inspector knows or has reason to suspect that livestock, livestock products or other property is affected with, or in danger of becoming affected with, a disease or contaminant, the inspector may issue an order under this section for the purposes of controlling or eradicating the disease or contamination.

        (2)         The order—

            (a)         subject to subsection (3), must be in the form of a written order served on the person to whom it is issued; and

            (b)         must specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

            (c)         must state the purpose for which it is issued and identify the disease or contaminant to which it relates; and

            (d)         may, for the purposes of controlling or eradicating the disease or contamination, impose—

                  (i)         one or more requirements of the kinds set out in Schedule 1; or

                  (ii)         any other requirement reasonably required in the circumstances.

        (3)         The order may be issued orally if the inspector is of the opinion that urgent action is required, but in that event, the order will cease to have effect on the expiration of 72 hours from the time of its issuing unless confirmed by a written order served on the person.

        (4)         An inspector may, by written order served on a person to whom an order has been issued under this section, vary or revoke the order.

        (5)         A person to whom an order is issued under this section must comply with the order.

Maximum penalty:

If the order is expressed to be issued for the purposes of controlling or eradicating a disease that is an exotic disease—$20 000;

In any other case—$10 000.

        (6)         A person who does an act in contravention of the terms of a sign erected as required by an order under this section is guilty of an offence.

Maximum penalty: $5 000.

        (7)         A person must not hinder or obstruct a person complying with an order under this section.

Maximum penalty: $5 000.



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