Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In connection with the performance of his or her functions, an inspector has the following powers:
(a) to stop a conveyance;
(b) to detain a conveyance;
(c) to enter and remain in any conveyance or place other than a residence;
(ca) to enter and remain in a residence if the inspector has reasonable grounds for suspecting that a List A disease agent or an animal, animal material or other thing infected with a List A disease is present in that residence;
(d) to enter and remain in a residence if the inspector has the consent of the occupier, a warrant or reasonable grounds for believing that an animal, animal material or disease agent has been imported in contravention of this Act and is in the residence;
(e) to search any conveyance or place lawfully entered;
(f) to open or break open and search any box, container, package or other receptacle in or on any conveyance or place lawfully entered;
(g) to search any person in or on any conveyance or place lawfully entered if the inspector has reasonable grounds for believing that an animal, animal material or disease agent has been imported in contravention of this Act and is on the person;
(h) to examine, seize, make copies of or take extracts from any document or other record that appears to indicate that an offence under this Act has been, or is being, committed;
(i) to take photographs, films and video recordings in any conveyance or place lawfully entered;
(j) to seize any other thing that appears to indicate that an offence under this Act has been, or is being, committed.
(2) In connection with the performance of his or her functions, an inspector has the following powers in relation to animals, animal materials or disease agents:
(a) to examine, test, treat or vaccinate any animal, animal material or disease agent;
(b) to kill not more than 5 animals in every 100, or part of 100, animals kept together if the inspector considers it is necessary to do so for the purpose of –
(i) determining if an animal or animals are infected; or
(ii) diagnosing a disease; or
(iii) determining the cause of a disease;
(c) to isolate any animal, animal material or disease agent;
(d) to seize and retain any animal, animal material or disease agent if the inspector knows or has reason to believe that in respect of that animal, animal material or disease agent this Act or a direction has been or is being contravened;
(e) to remove any animal, animal material or disease agent;
(f) to place any animal, animal material or disease agent in a quarantine area or other place the inspector considers appropriate;
(g) to tag or mark the animal, animal material or disease agent in any manner appropriate for the purposes of identification;
(h) to perform an autopsy, or cause an autopsy to be performed, on any animal;
(i) to dispose of an animal carcass;
(j) to restrain any animal;
(k) to assemble any animals, animal materials or disease agents;
(l) to count any animals, animal materials or disease agents;
(m) to return, or cause to be returned, to the place from where it came any animal, animal material or disease agent that –
(i) has been imported in contravention of this Act; or
(ii) moved into, within or out of an infected place, restricted area, control area or protected area in contravention of this Act; or
(iii) has been presented for sale, exhibition or competition and is or may be infected;
(n) to control or prevent the movement onto or out of a conveyance or place of any animal, animal material or disease agent;
(na) to take an animal, animal material or disease agent to any place the inspector considers appropriate;
(nb) to restrict the use of any animal, animal material or disease agent;
(o) to repair or erect a fitting to the satisfaction of an inspector.
(3) In connection with the performance of his or her functions, an inspector has the following powers in relation to any conveyance, building, land, soil, water and other thing:
(a) to examine, test or treat the conveyance, building, land, soil, water or other thing;
(b) to dismantle the conveyance, building or other thing if the inspector considers it necessary to do so for the purpose of–
(i) determining if it is infected; or
(ii) diagnosing a disease; or
(iii) determining the cause of a disease; or
(iv) treating it;
(c) to isolate the conveyance, building, land, water or other thing;
(d) to seize and retain the conveyance, building, soil, water or other thing if the inspector knows or has reason to believe that the owner has contravened this Act or a direction;
(e) to remove the conveyance, building, soil, water or other thing;
(ea) to take a conveyance, soil, water or other thing to any place the inspector considers appropriate;
(f) to tag or mark the conveyance, building, soil, land, water or other thing in any manner appropriate for the purposes of identification;
(fa) to restrict the use of the conveyance, building, land, soil, water or other thing;
(g) to repair or erect a building to the satisfaction of an inspector;
(h) to return, or cause to be returned, to the place from where it came the conveyance, soil, water or other thing imported or moved into, within or out of an infected place, restricted area, control area or protected area in contravention of this Act.
(4) Subject to this Act, an inspector has the further power to do any thing that is necessary or convenient to be done in connection with the performance of his or her functions or the exercise of his or her powers.