sec.20Powers of inspectors

sec.20 Powers of inspectors

An inspector may— enter any place (using such force as is necessary) in, at or on which the inspector has reasonable grounds for suspecting or believing that— any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or there is or may be any equipment used or intended to be used in connection with the use of a chemical; or any chemical has been, is being or will be used; or any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or enter any place (using such force as is necessary) if the inspector has reasonable grounds for suspecting or believing that his or her entry may assist the inspector to ascertain the cause of any prescribed substance having the residue of a chemical in or on it; or investigate and inquire into any matter for the purpose of ascertaining whether or not this Act is being complied with; or search for, inspect and examine any chemical or prescribed substance or any equipment (including an aircraft) used in connection with the preparation, mixing, loading or use of any chemical; or open or break open any package containing or which the inspector believes on reasonable grounds to contain any chemical or prescribed substance; or select, take and remove for analysis any chemical or prescribed substance or portions or samples of any chemical or prescribed substance; or seize and detain— any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or remove any chemical or prescribed substance seized by the inspector or allow all or part of the chemical or substance to remain at the place of seizure and, in that case, may fasten, secure, or seal and label, the chemical or substance or any package containing the chemical or substance or any door, gate or aperture affording access to the chemical, substance or package; or weigh, count, measure, gauge, brand, label, mark or otherwise identify any chemical or prescribed substance; or require a person to produce to the inspector any accounts, books, invoices, records or other documents relating to the sale, storage or use of any chemical or prescribed substance and may retain the same for the purpose of making a copy thereof or taking an extract therefrom and may make the copy or take the extract; or require a person in possession of any chemical or prescribed substance to state the name and address (if known to the person) of or otherwise identify the person from whom he or she acquired the chemical or substance; or in the exercise of the inspector’s powers photograph or make such audio or visual recordings as the inspector considers necessary or desirable; or require a person found by the inspector committing an offence against this Act or who the inspector has reasonable grounds for believing has committed an offence against this Act or whose name and address are in the inspector’s opinion formed on reasonable grounds required for the purposes of this Act, to state the person’s full name and the address of his or her usual place of business or residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require the person to produce evidence of the correctness thereof; or stop, detain and search any vehicle— used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or call to his or her aid a person who the inspector thinks is competent to assist him or her in the exercise of his or her powers and authorities or the discharge of his or her functions and duties and a person while aiding an inspector shall have the powers and authorities of an inspector; or for the purpose of exercising the inspector’s powers, require the owner or occupier of any place entered by the inspector for the purposes of this Act to provide the inspector with all reasonable assistance; or exercise such other powers or authorities and discharge such functions and duties as are prescribed. A person shall comply with the requirement of an inspector made under subsection (1) . Maximum penalty for subsection (2) —100 penalty units. In this section— prescribed substance means any of the following— agricultural produce; manufactured stock food; a trade species animal; a product derived from a trade species animal; fertiliser; a plant; a substance used in connection with a thing mentioned in paragraphs (a) to (f) . s 20 amd 1994 No. 78 s 37 sch ; 2002 No. 76 ss 17 , 30 sch 1 ; 2014 No. 7 s 523 (sec.20-ssec.1) An inspector may— enter any place (using such force as is necessary) in, at or on which the inspector has reasonable grounds for suspecting or believing that— any chemical is kept, stored, used, made, manufactured, mixed or prepared for use; or there is or may be any equipment used or intended to be used in connection with the use of a chemical; or any chemical has been, is being or will be used; or any prescribed substance is kept, stored, used, made, cultivated, grazed, mixed or prepared for sale or sold; or enter any place (using such force as is necessary) if the inspector has reasonable grounds for suspecting or believing that his or her entry may assist the inspector to ascertain the cause of any prescribed substance having the residue of a chemical in or on it; or investigate and inquire into any matter for the purpose of ascertaining whether or not this Act is being complied with; or search for, inspect and examine any chemical or prescribed substance or any equipment (including an aircraft) used in connection with the preparation, mixing, loading or use of any chemical; or open or break open any package containing or which the inspector believes on reasonable grounds to contain any chemical or prescribed substance; or select, take and remove for analysis any chemical or prescribed substance or portions or samples of any chemical or prescribed substance; or seize and detain— any prescribed substance that the inspector suspects or believes on reasonable grounds has been dealt with in a manner that is contrary to a direction contained in a notice under section 16 or not in accordance with an approval given under section 17 ; or any agricultural produce or manufactured stock food derived from a plant, or product derived from a trade species animal, to which a notice under section 16 or an approval under section 17 relates if the inspector suspects or believes on reasonable grounds the plant or animal has been dealt with in a way that is contrary to a direction in the notice or not in compliance with the approval; or any proscribed chemical in the possession of or being used by a person where the inspector suspects or believes on reasonable grounds that such possession or use constitutes an offence against this Act; or any chemical or package that the inspector suspects or believes on reasonable grounds is being or has been used, stored, disposed of or otherwise dealt with contrary to this Act; or remove any chemical or prescribed substance seized by the inspector or allow all or part of the chemical or substance to remain at the place of seizure and, in that case, may fasten, secure, or seal and label, the chemical or substance or any package containing the chemical or substance or any door, gate or aperture affording access to the chemical, substance or package; or weigh, count, measure, gauge, brand, label, mark or otherwise identify any chemical or prescribed substance; or require a person to produce to the inspector any accounts, books, invoices, records or other documents relating to the sale, storage or use of any chemical or prescribed substance and may retain the same for the purpose of making a copy thereof or taking an extract therefrom and may make the copy or take the extract; or require a person in possession of any chemical or prescribed substance to state the name and address (if known to the person) of or otherwise identify the person from whom he or she acquired the chemical or substance; or in the exercise of the inspector’s powers photograph or make such audio or visual recordings as the inspector considers necessary or desirable; or require a person found by the inspector committing an offence against this Act or who the inspector has reasonable grounds for believing has committed an offence against this Act or whose name and address are in the inspector’s opinion formed on reasonable grounds required for the purposes of this Act, to state the person’s full name and the address of his or her usual place of business or residence and, if the inspector suspects on reasonable grounds that a name or address so stated is false, may require the person to produce evidence of the correctness thereof; or stop, detain and search any vehicle— used or that the inspector suspects or believes on reasonable grounds is being or is likely to be used to convey any chemical or prescribed substance or to apply any chemical; or in, on or from which the inspector suspects or believes on reasonable grounds any chemical or prescribed substance is sold or prepared for sale, packed, stored, handled, or supplied for sale or use; or call to his or her aid a person who the inspector thinks is competent to assist him or her in the exercise of his or her powers and authorities or the discharge of his or her functions and duties and a person while aiding an inspector shall have the powers and authorities of an inspector; or for the purpose of exercising the inspector’s powers, require the owner or occupier of any place entered by the inspector for the purposes of this Act to provide the inspector with all reasonable assistance; or exercise such other powers or authorities and discharge such functions and duties as are prescribed. (sec.20-ssec.2) A person shall comply with the requirement of an inspector made under subsection (1) . Maximum penalty for subsection (2) —100 penalty units. (sec.20-ssec.3) In this section— prescribed substance means any of the following— agricultural produce; manufactured stock food; a trade species animal; a product derived from a trade species animal; fertiliser; a plant; a substance used in connection with a thing mentioned in paragraphs (a) to (f) .