83ESearches of vehicles, trailers, machinery and equipment for noxious weeds

83E Searches of vehicles, trailers, machinery and equipment for noxious weeds

S. 83E(1) amended by No. 22/2022 s. 43(2).

(1) An authorised officer or a police officer may, at any time, without a warrant, stop if necessary and search any vehicle, trailer, machinery or equipment if the authorised officer or police officer believes on reasonable grounds that section 70A(1) has not been complied with.

S. 83E(2) substituted by No. 22/2022 s. 43(3).

(2) An authorised officer or a police officer who conducts a search under this section may do any one or more of the following—

(a) direct the operator of a vehicle, trailer, machinery or equipment to ensure that it is free from the seeds of any noxious weeds and any other part of a noxious weed that is capable of growing;

(b) take steps to ensure that the vehicle, trailer, machinery or equipment is free from such seeds or any part of a noxious weed;

(c) inspect and take photographs (including video recordings) of the vehicle, trailer, machinery or equipment or any thing found during the course of the search;

(d) inspect and make copies of or take extracts from any document found during the course of the search.

S. 83EA inserted by No. 22/2022 s. 44.

83EA Searches of personal property

An authorised officer may, at any time without a warrant, search any parcel, basket, bag, box or receptacle for any thing which the authorised officer reasonably believes has been, is being, or is likely to be, used in the importing, keeping, trading or releasing of pest animals or noxious weeds in contravention of this Act, and may do any one or more of the following—

(a) inspect and take photographs (including video recordings) of any thing found during the course of the search;

(b) with whatever assistance is required, take and keep samples of any of the following found during the course of the search—

(i) the blood, bodily fluids or other matter from any pest animal;

(ii) a noxious weed or any other thing;

(c) with whatever assistance is required, destroy, mark or tag any pest animal found during the course of the search for the purpose of—

(i) eliminating any threat posed by the pest animal; or

(ii) later identifying it;

(d) inspect and make copies of, or take extracts from, any document found during the course of the search;

(e) seize any thing found during the course of the search if the authorised officer believes on reasonable grounds that it is necessary to seize the thing in order to prevent—

(i) its concealment, loss or destruction; or