Veterinary Services Act 2023
Part 8Inspectors
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Part 8—Inspectors 82—Guidelines The Board must, on a website determined by the Board, publish guidelines about the conduct of investigations and inspections for the purposes of this Act. 83—Inspectors (1) The Board may, by instrument in writing, authorise persons to be inspectors for the purposes of this Act. (2) An authorisation may be made subject to conditions specified in the instrument of authorisation. (3) The Board may, at any time, revoke an authorisation or vary, revoke or add a condition of an authorisation. (4) The Board must provide each inspector with identification in a form determined by the Board that— (a) contains the person's name and a photograph of the person; and (b) states that the person is an inspector for the purposes of this Act. (5) If the powers of an inspector have been limited by conditions under this Part, the inspector's identification must contain a statement of the limitation on the inspector's powers. (6) An inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise powers, produce the inspector's identification. 84—Functions of inspectors Without limiting any other functions that an inspector may have under this or any other Act, the functions of an inspector under this Act include— (a) conducting investigations for the purposes of this Act (including in relation to disciplinary proceedings and proceedings relating to the medical fitness of veterinarians); and (b) inspecting premises, places or vehicles to ascertain whether there has been a contravention of this Act; and (c) inspecting registered premises to ascertain whether the registered premises meet the minimum requirements in the veterinary premises standard. 85—Powers of inspectors (1) An inspector may— (a) at any reasonable time, enter and remain in or on any premises, place or vehicle that the officer reasonably suspects is used for, or in connection with, the provision of veterinary services (and, if entry is refused, may employ such force as is reasonably necessary to gain entry); and (b) at any reasonable time, give directions with respect to stopping or movement of a vehicle that is, or is reasonably suspected to be, used in the course of, or for the purposes of, providing veterinary services for the purposes of inspecting the vehicle; and (c) inspect or search the premises, place or vehicle or any equipment or other thing on the premises, place or vehicle; and (d) take photographs or make video or audio recordings; and (e) inspect any records kept by a person whom the authorised officer reasonably suspects of providing veterinary services and, for that purpose, require the person, or an employee or agent of the person, to produce the records; and (f) examine, copy or take extracts from such records, or require the person, or an employee or agent of the person, to provide a copy of the records; and (g) remove and retain such records for so long as is reasonably necessary for the purpose of making a copy or extract of the record; and (h) seize and remove anything that constitutes evidence of an offence against this Act; and (i) require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the inspector in relation to those matters; and (j) if the inspector reasonably suspects that an offence against this Act has been or is being committed, require the suspected offender to state their full name and address. (2) An inspector must not exercise the power conferred by subsection (1)(a) in relation to residential premises except— (a) with the consent of the occupier of the premises; or (b) on the authority of a warrant issued by a magistrate under this section; or (c) if there are reasonable grounds to suspect that the premises are used on a continuing or regular basis for, or in connection with, the provision of veterinary services. (3) A magistrate may issue a warrant for the purposes of this section if satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. (4) The person in charge of premises at the relevant time must give an inspector such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised. Maximum penalty: $5 000. 86—Offence to hinder etc inspector A person who— (a) hinders or obstructs an inspector in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an inspector; or (c) refuses or fails to comply with a requirement of an inspector under this Act; or (d) when required under this Act by an inspector to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that they are an inspector, is guilty of an offence.