Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who, in
any part of the State, becomes the owner of, or takes possession or control of
any coat, fodder, machinery, sack, seed, wool pack or restricted animal, shall
examine it or cause it to be examined for the presence of material that is
prohibited material in that part of the State.
(1a) A person who, in
any part of the State, sells or offers or exposes for sale any coat, fodder,
machinery, sack, seed, wool pack or restricted animal shall first examine it
or cause it to be examined for the presence of material that is prohibited
material in that or any other part of the State.
(1b) Subject to
subsection (5), a person shall not, in any part of the State, sell or
offer or expose for sale any coat, fodder, machinery, sack, seed, wool pack or
restricted animal in or on which there is any material that is prohibited
material in that part of the State except pursuant to approval given by an
inspector or authorised person and in accordance with the conditions, if any,
subject to which that approval is given.
(2) Where an
examination carried out as required by subsection (1) or (1a),
discloses the presence of prohibited material, the person referred to in that
subsection shall notify the Protection Board or an inspector or authorised
person, giving details of —
(a) the
number and description of coats, sacks, wool packs or animals affected and the
place where they may be inspected; or
(b) the
quantity and description of fodder, seed or machinery affected and the place
where it may be inspected,
and describing the
prohibited material which has been found.
(3) Any coat, fodder,
machinery, sack, seed, wool pack or animal mentioned in a notification given
under the provisions of subsection (2) may be inspected by an inspector
or authorised person.
[(4) deleted]
(5) The regulations
may provide that subsection (1b) does not apply in circumstances, or
circumstances of a kind, specified in the regulations and the operation of
that subsection is subject to any such provision of the regulations.
Penalty: For a first offence under
subsection (1), (1a), (1b), or (2), not more than $500; for any
subsequent offence under the same subsection, not more than $2 000.
[Section 75 amended by No. 31 of 1983
s. 12; No. 59 of 1986 s. 7; No. 20 of 1989 s. 3.]