Div 2General powers of inspectors

Division 2—General powers of inspectors 68—General powers of inspectors (1) An inspector may exercise the powers conferred by this section for the purposes of— (a) carrying out an investigation under this Act; (b) evaluating the facilities and equipment used in or in connection with, or the processes or procedures carried out at, an artificial breeding centre or veterinary diagnostic laboratory; (c) otherwise administering or enforcing this Act. (2) An inspector may— (a) enter and search any place; (b) with the authority of a warrant issued under this section or in circumstances in which the inspector reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on, the place; (c) give directions with respect to the stopping or movement of a vehicle, vessel or aircraft; (d) take photographs, films or audio, video or other recordings; (da) construct, reinforce or repair any building, fencing, gates or other structures or barriers or carry out any other security or containment measures in relation to any place or thing; (e) require a person— (i) to answer a question to the best of that person's knowledge, information and belief; (ii) to take reasonable steps to provide information; (f) require a person who the inspector reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; (g) require a person registered or required to be registered under this Act to produce the certificate of registration for inspection; (h) require a person to produce a record (including a written record that reproduces in an understandable form information stored by computer, microfilm or other process); (i) examine, copy or take extracts from a record or require a person to provide a copy of a record; (j) remove and retain a record for so long as is reasonably necessary for the purpose of making a copy of the record; (k) examine, take samples from, test or carry out a veterinary procedure on livestock or other property and, if reasonably necessary for that purpose— (i) require the owner or person in charge of the livestock or other property to take it, or a sample of a specified kind from it, to a specified place; (ii) destroy or cause the death of livestock (but not a greater number than is reasonably necessary); (l) examine, take samples from, test or carry out a veterinary procedure on any native or feral animal (including any bird, fish or insect) and, if reasonably necessary for that purpose, destroy or cause the death of the animal notwithstanding that it may be protected under any other law; (m) identify, by marking, tagging or otherwise, livestock or other property in respect of which powers have been exercised under this Act; (n) seize and retain, or issue a seizure order in respect of, anything that the inspector reasonably suspects has been, is being or is about to be used in, is intended for use in, or may constitute evidence of, an offence against this Act (including livestock, livestock products or other property that the inspector reasonably suspects has been brought into a place, removed from a place, or moved from one place to another, in contravention of this Act); (o) use reasonable force to prevent the commission of an offence against this Act; (p) give directions reasonably required in connection with the exercise of a power conferred by this Act. (3) A magistrate may issue a warrant for the purposes of subsection (2)(b) if satisfied that the warrant is reasonably required in the circumstances. (4) In the exercise of powers under this Act an inspector may be assisted by such persons as the inspector considers necessary in the circumstances. (5) An inspector may require an occupier of a place or a person apparently in charge of any property to give to the inspector or a person assisting the inspector such assistance as is reasonably required for the effective exercise of powers conferred by this Act. (6) An inspector (who is not a veterinary surgeon) must not carry out any veterinary treatment within the meaning of the Veterinary Surgeons Act 1985 unless authorised by the Chief Inspector to carry out veterinary treatment of that kind. (7) If a person refuses or fails to comply with a requirement of an inspector under this section, the inspector may take the action required to be taken, with or without assistance, or cause the action to be taken. (8) The Chief Inspector may recover costs and expenses reasonably incurred under subsection (7) as a debt owed by the person of whom the requirement was made. 69—Provisions relating to seizure (1) A seizure order under this Division— (a) must be in the form of a written notice served on the owner or person in charge of the property to which the order relates; and (b) may be varied or revoked by further such written notice. (2) If a seizure order is issued under this Division, a person who removes or interferes with the property to which the order relates without the approval of the Chief Inspector before an order is made under this section in respect of the property or the seizure order is discharged is guilty of an offence. (3) If property has been seized or made subject to a seizure order under this Division the following provisions apply: (a) subject to subsection (4), seized property must be held pending proceedings for an offence against this Act related to the property seized, unless the Chief Inspector, on application, authorises its release to— (i) the person from whom it was seized; or (ii) any person who had legal title to it at the time of its seizure, subject to such conditions as the Chief Inspector thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii), requiring payment of costs and expenses reasonably incurred in relation to it or requiring its removal from the State or a specified area); (b) if proceedings for an offence against this Act relating to the property are instituted within the prescribed period after its seizure or the issuing of the seizure order and the defendant is found guilty of the offence, the court may (if the property has not been destroyed or disposed of under subsection (4))— (i) order that the property be forfeited to the Crown; or (ii) if the property has been released under paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Minister an amount equal to its market value at the time of its seizure or the issuing of the seizure order, as the court thinks fit; (c) if— (i) proceedings are not instituted for an offence against this Act relating to the property within the prescribed period after its seizure or the issuing of the seizure order; or (ii) proceedings have been so instituted and— (A) the defendant is found not guilty of the offence; or (B) the defendant is found guilty of the offence but no order for forfeiture is made under paragraph (b), then— (iii) in the case of seized property that has not been destroyed or otherwise disposed of under subsection (4)—the person from whom it was seized, or any person with legal title to it, is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction) the property itself, or if it has been damaged or destroyed or has deteriorated, compensation of an amount equal to its market value at the time of its seizure; or (iv) in the case of property subject to a seizure order—the order is discharged. (4) If property seized is affected with a disease or contaminant or there is reason to suspect that it is affected with a disease or contaminant, the property may— (a) be cleansed, disinfected or otherwise treated; or (b) with the authority of the Chief Inspector or the owner of the property—be destroyed or otherwise disposed of. (5) In subsection (3)— prescribed period means six months or such longer period as the Magistrates Court may, on application by the Minister, allow. 70—Offence to hinder etc inspectors A person who— (a) hinders or obstructs an inspector, or a person assisting an inspector, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an inspector or a person assisting an inspector; or (c) refuses or fails to comply with a requirement or direction of an inspector under this Act; or (d) when required by an inspector under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information or belief; or (e) falsely represents, by words or conduct, that he or she is an inspector, is guilty of an offence. Maximum penalty: $15 000. 71—Self-incrimination (1) It is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a record or information as required under this Part on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) However, if the person objects to answering the question or to producing, or providing a copy of, a record or information on that ground, then— (a) in the case of a person who is required to produce, or provide a copy of, a record or information—the fact of production, or provision of a copy of, the record or the information (as distinct from the contents of the record or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).