Australian Capital Territory Repealed Acts

This legislation has been repealed.

ANIMAL DISEASES ACT 1993 (REPEALED) - SECT 47

    (1)     An inspector who enters premises in accordance with section 44 may, if he or she believes on reasonable grounds that it is necessary to do so for this Act—

        (a)     inspect the premises and anything on the premises (including a document or records); or

        (b)     examine any animal on the premises; or

        (c)     take copies of, or an extract from, any document or records relating to—

              (i)     an infected animal; or

              (ii)     an animal that is kept or has been kept within an exotic disease quarantine area or an endemic stock disease quarantine area; or

              (iii)     defined stock; or

        (d)     take photographs or make films or videotapes of the premises or any animal, animal product or thing on the premises; or

        (e)     if the inspector believes on reasonable grounds that an animal, an animal product, a vehicle or a thing may be infected with a disease—

              (i)     seize the animal, animal product, vehicle or thing or direct that it be detained on the premises; or

              (ii)     take a sample from the animal, animal product, vehicle or thing; or

              (iii)     use a test approved by the director to determine the existence of the disease; or

        (f)     if the inspector believes on reasonable grounds that an animal, an animal product, a vehicle or a thing may be connected with an offence—seize the animal, animal product, vehicle or thing; or

        (g)     direct any person on the premises to give the inspector the assistance that is reasonable to enable the inspector to exercise his or her powers under this Act; or

        (h)     direct any person on the premises—

              (i)     to make available any documents kept on the premises; or

              (ii)     to provide information that the inspector believes on reasonable grounds is connected with an offence; or

              (iii)     to answer questions.

    (2)     A person is not required to comply with a direction under subsection (1) (h) unless the inspector giving the direction informs the person that a contravention of the direction constitutes an offence.

    (3)     A person shall not, without reasonable excuse, contravene any direction given, or fail to provide any information, documents or records requested, by an inspector under subsection (1).

Maximum penalty: 50 penalty units.

    (4)     In subsection (1):

"offence" means—

        (a)     any conduct engaged in, whether constituted by an act or omission, that there are reasonable grounds for believing constitutes an offence under this Act; and

        (b)     an offence (within the meaning of paragraph (a)) that there are reasonable grounds for believing has been, or will be, committed.