Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Whenever and
wherever an inspector has reasonable grounds for believing that agricultural
products other than wool are exposed or offered for sale, or are held in
storage for the purposes of sale, or are in process of transport for the
purposes of sale an inspector may at any reasonable time enter and inspect any
place, and examine any products in or on such place, and require the owner or
person for the time being in charge of such products to open any package, or
if no such owner or person is present, may himself open any package, and in
any case the inspector may take, without payment therefor, samples of the
agricultural products in sufficient quantity to permit the inspector to
determine whether the agricultural products in his opinion, comply with the
requirements of this Act.
(2) If an inspector
has reasonable grounds for believing that with respect to any package of
products other than wool or lot there is a contravention of or failure to
comply with this Act he may take possession of and detain such package or
lot for such time as may be necessary to enable him properly to inspect and
examine the same, but such inspector shall take all reasonable precautions to
protect such packages or products or lots from injury, damage, theft, or loss
to the owner until the agricultural products are dealt with in accordance with
this section.
(3) Such package or
lot shall at all times during such detention be at the risk and expense of the
owner thereof.
(4) Where pursuant to
subsection (2) an inspector takes possession of and detains any package
or lot he shall —
(a)
serve on the owner or person in charge of the package or lot a notice in the
prescribed form (in this section called a detention notice ) informing the
owner or person in charge of the package or lot that the agricultural products
in the package or lot do not conform to the provisions of this Act and
that the agricultural products are detained subject to this section; and
(b)
subject to subsection (4a), affix a copy of the detention notice to each
package or lot of agricultural products in respect of which the detention
notice applies.
(4a) Where it is not
practicable for an inspector to affix a detention notice to each package or
lot of agricultural products in accordance with subsection (4)(b) the
inspector shall, instead of affixing a detention notice to each package or
lot, separate the packages or lots of agricultural products that are the
subject of the detention notice by marking off the floor space occupied by
them and placing a notice in the vicinity of the packages or lots so detained
indicating that the packages or lots so set aside are the subject of a
detention notice and the number of packages or lots to which the detention
notice applies.
(4b) Where the
identity of the owner or the person in charge of any agricultural products is
not known to him the inspector may address the detention notice to the owner
or the person in charge of the agricultural products by affixing the notice to
the package of agricultural products in relation to which the notice applies.
(4c) Where pursuant to
this section an inspector detains any agricultural products or package of
agricultural products but is of the opinion that the agricultural products can
be made to conform to the requirements of this Act the inspector may
order the owner or the person for the time being in charge of the agricultural
products to take such measures or do all such things with respect thereto at
the expense of the owner of the agricultural products as the inspector
determines to be necessary to make the agricultural products conform to the
requirements of this Act.
(4d) Where an
inspector is satisfied that any agricultural products or any package of
agricultural products cannot be made to conform to the requirements of this
Act the inspector may order that the agricultural products or portion
thereof be destroyed or otherwise disposed of as prescribed.
(4e) Where an
inspector has ordered any agricultural products to be destroyed the
agricultural products the subject of the order shall not be destroyed without
the written approval of the Minister or a person authorised by the Minister in
that behalf.
(4f) Whilst a
detention notice is in force in relation to any agricultural products or
package or lot of agricultural products a person shall not —
(a)
sell, or permit, suffer or cause another person to sell, the agricultural
products to which the detention notice applies; or
(b)
remove any detention notice affixed by an inspector under this section to the
agricultural products or package or lot of agricultural products or any notice
indicating that the packages or lots of agricultural products are the subject
of a detention notice.
Penalty: $2 000.
(4g) An inspector may,
with the approval of the Director General or a person authorised by the
Director General in that behalf, revoke any detention notice given under this
section and upon the revocation being so authorised the inspector shall remove
the detention notice from the agricultural products or package of agricultural
products as the case requires.
(5) An inspector
acting under the provisions of this section shall, if and when called upon,
produce the certificate issued to him under section 8A(9).
(6) Any inspector or
person acting under the direction or supervision of an inspector is not liable
for any loss or damage resulting from or caused by the performance or exercise
of any of the powers conferred by this section upon an inspector.
[(7) deleted]
(8) Nothing in this
section authorises any inspector to examine, inspect, take samples or
possession of, detain, give any order in relation to, or otherwise deal with
any agricultural products while they are being held on the property on which
they were produced, unless they are being offered or exposed for sale there.
[Section 4 amended by No. 12 of 1964
s. 2; No. 42 of 1965 s. 4; No. 16 of 1966 s. 8;
No. 82 of 1974 s. 6; No. 61 of 1982 s. 9; No. 20 of
1989 s. 3; No. 4 of 1991 s. 7.]