83KSamples

83K Samples

S. 83K(1) amended by No. 37/2014 s. 10(Sch. item 13.4(a)).

(1) If an authorised officer or police officer proposes to take a sample, he or she must—

(a) advise the owner, if possible before taking the sample, that it is taken for the purpose of analysis; and

(b) advise the owner that he or she may nominate a person to analyse part of the sample; and

(c) forward a part of the sample that is sufficient for analysis—

(i) to any person nominated by the owner; and

S. 83K(1)(c)(ii) amended by No. 37/2014 s. 10(Sch. item 13.4(b)).

(ii) to a qualified person nominated by the authorised officer or police officer; and

(d) keep part of the sample untouched for future comparison; and

(e) unless the sample is a noxious weed, return the remainder of the sample to the person from whom it was taken within 28 days if the sample is not required for the purposes of a proceeding under this Act or the regulations.

(2) In this section qualified person has the same meaning as in section 88A(6) of the Conservation, Forests and Lands Act 1987.

S. 83L inserted by No. 61/2003 s. 29.