AustLII Tasmanian Consolidated Acts

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ANIMAL HEALTH ACT 1995 - SECT 76

76. Obstruction of inspector, &c.

      (1) A person must not, without reasonable excuse –

(a) resist, impede, obstruct or assault –

(i) an inspector who is performing or exercising a function or power under this Act; or

(ii) a person who is assisting that inspector; or

(b) use threatening, abusive or insulting language to that inspector or person assisting; or

(c) knowingly provide any false or misleading information, record or document to that inspector or person assisting; or

(d) fail to answer a question or otherwise provide information when required to do so under section 68; or

(e) fail to provide a document in his or her possession or control when and as required to do so under section 68 or 69; or

(f) contravene a direction given by that inspector under this Act; or

(g) fail to comply with a requirement made in writing under section 71; or

(h) prevent or attempt to prevent a person from giving information to, or being questioned by, an inspector; or

(i) impersonate an inspector.

Penalty:

Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.

      (2) On convicting a person of an offence under subsection (1)(c), (d) or (e), in addition to imposing a penalty the Court may order that person to –

(a) provide the answer or other information; or

(b) provide the document or record.

      (3) If, on the conviction of a person for an offence under subsection (1)(c), (d) or (e) in relation to the provision or non-provision of an answer, other information or document referred to in section 68, the Court orders the person to provide the answer, other information or document to an inspector, that answer, information or document, or evidence of the obtaining of that answer, information or document, is not admissible against that person in any civil or criminal proceedings.

      (4) On convicting a person of an offence under subsection (1)(f), in addition to imposing a penalty the Court may order that person to comply with the direction.



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