Brands Act 1915
sec.23Powers of inspector
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sec.23 Powers of inspector
For the purposes of this Act an inspector may, with such assistants, animals, vehicles and equipment as the inspector considers necessary for the proper discharge of the inspector’s duties— enter upon and leave as often as the inspector considers necessary any holding; search for and inspect any stock, brand, mark, branding instrument or pliers and, in the case of travelling stock, stop such stock and, for the purpose of exercising any of the powers by this paragraph conferred, stop any vehicle or vessel; muster, yard, detain, clip and otherwise deal with any stock when the inspector considers it necessary in the proper discharge of the inspector’s duties so to do; seize and detain any stock in respect of which the inspector suspects on reasonable grounds that the owner or person in charge has committed or is committing an offence against this Act; seize and detain anything in respect of which the inspector suspects on reasonable grounds that an offence against this Act has been committed or is being committed by any person, whether known to the inspector or not; use such force as is reasonably necessary to exercise any of the aforesaid powers; require the owner or person in charge or apparently in charge of any holding or stock or any person found in or on any holding or any person who, within the preceding 12 months, has been employed in or on any holding to answer such questions as the inspector puts to the person with respect to matters within the purview of this Act to ascertain whether any provision of this Act has been or is being contravened or has not been or is not being complied with and require any such person to sign a declaration as to the truth of the person’s answers; with the authority in writing of the Minister, require the owner, occupier or person apparently in charge of a holding to cause stock on such holding to be mustered and held until the inspector approves to the contrary. A person who— hinders or obstructs an inspector or any of the inspector’s assistants in the execution of his or her duty under this Act or attempts so to do; or upon being required by an inspector in that behalf, fails to produce a branding instrument or pliers for the purpose of inspection; or does not permit any stock, branding instrument or pliers to be inspected by an inspector; or fails to comply with a requisition of an inspector lawfully made upon the person pursuant to this Act; commits an offence against this Act. No provision of this section shall be construed— 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 failing to make such an answer or statement. s 23 sub 1932 23 Geo 5 No. 14 s 14; 1965 No. 39 s 18 (sec.23-ssec.1) For the purposes of this Act an inspector may, with such assistants, animals, vehicles and equipment as the inspector considers necessary for the proper discharge of the inspector’s duties— enter upon and leave as often as the inspector considers necessary any holding; search for and inspect any stock, brand, mark, branding instrument or pliers and, in the case of travelling stock, stop such stock and, for the purpose of exercising any of the powers by this paragraph conferred, stop any vehicle or vessel; muster, yard, detain, clip and otherwise deal with any stock when the inspector considers it necessary in the proper discharge of the inspector’s duties so to do; seize and detain any stock in respect of which the inspector suspects on reasonable grounds that the owner or person in charge has committed or is committing an offence against this Act; seize and detain anything in respect of which the inspector suspects on reasonable grounds that an offence against this Act has been committed or is being committed by any person, whether known to the inspector or not; use such force as is reasonably necessary to exercise any of the aforesaid powers; require the owner or person in charge or apparently in charge of any holding or stock or any person found in or on any holding or any person who, within the preceding 12 months, has been employed in or on any holding to answer such questions as the inspector puts to the person with respect to matters within the purview of this Act to ascertain whether any provision of this Act has been or is being contravened or has not been or is not being complied with and require any such person to sign a declaration as to the truth of the person’s answers; with the authority in writing of the Minister, require the owner, occupier or person apparently in charge of a holding to cause stock on such holding to be mustered and held until the inspector approves to the contrary. (sec.23-ssec.2) A person who— hinders or obstructs an inspector or any of the inspector’s assistants in the execution of his or her duty under this Act or attempts so to do; or upon being required by an inspector in that behalf, fails to produce a branding instrument or pliers for the purpose of inspection; or does not permit any stock, branding instrument or pliers to be inspected by an inspector; or fails to comply with a requisition of an inspector lawfully made upon the person pursuant to this Act; commits an offence against this Act. (sec.23-ssec.3) No provision of this section shall be construed— 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 failing to make such an answer or statement.