sec.34Powers of inspectors

sec.34 Powers of inspectors

An inspector may— enter any place where— there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution; the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out; search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment; inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein; open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical; select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter; ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place; question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers. No provision of subsection (1) or of section 40 shall be construed so as— to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or to render any person liable to a penalty for failure to make such an answer or statement. Subsection (1) shall not authorise any of the persons mentioned in that subsection to enter and search without the permission of the occupier any dwelling house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant. If it appears to a justice of the peace, upon complaint made on oath by any of the persons mentioned in subsection (1) , that such person has reasonable grounds for believing and does believe that any aircraft or ground equipment or agricultural chemical which such person reasonably believes to be used or to be intended to be used for aerial distribution or ground distribution is in any dwelling house or in any part used for residential purposes of a building then that justice may issue his or her warrant directing the person named therein to search that dwelling house or part of a building. s 34 amd 1978 No. 68 s 8 ; 1994 No. 78 s 37 sch ; 2000 No. 5 s 373 sch 2 (sec.34-ssec.1) An inspector may— enter any place where— there is or the inspector has reasonable ground to believe there is or will be any aircraft or ground equipment which the inspector reasonably believes to be used or intended to be used for aerial or ground distribution; the inspector has reasonable ground to believe aerial or ground distribution is being, has been or will be carried out; search therein for any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment; inspect and examine or cause to be inspected and examined any crop, material, aircraft, aerial equipment, ground equipment, loading equipment or mixing equipment found therein; open or cause to be opened any package, container, bin, tank or hopper found therein that contains or that the inspector has reasonable ground to believe contains an agricultural chemical; select and take or cause to be selected and taken, and remove or cause to be removed for analysis any crop or material found therein or any other matter found therein that the inspector suspects is an agricultural chemical, or portions or samples of any such crop, material or matter; ask anyone the inspector considers can help, to help the inspector search, inspect, examine, open, select, take or remove anything on the place; question with respect to matters under this Act any person; and require any person to answer the questions put and to sign a declaration of the truth of the person’s answers. (sec.34-ssec.2) No provision of subsection (1) or of section 40 shall be construed so as— to oblige any person to answer any question or make any statement which answer or statement would or would tend to incriminate the person; or to render any person liable to a penalty for failure to make such an answer or statement. (sec.34-ssec.3) Subsection (1) shall not authorise any of the persons mentioned in that subsection to enter and search without the permission of the occupier any dwelling house or any part used for residential purposes of a building unless that person does so under the authority of a search warrant. (sec.34-ssec.4) If it appears to a justice of the peace, upon complaint made on oath by any of the persons mentioned in subsection (1) , that such person has reasonable grounds for believing and does believe that any aircraft or ground equipment or agricultural chemical which such person reasonably believes to be used or to be intended to be used for aerial distribution or ground distribution is in any dwelling house or in any part used for residential purposes of a building then that justice may issue his or her warrant directing the person named therein to search that dwelling house or part of a building.