Northern Territory Consolidated Acts

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LIVESTOCK ACT 2008 - SECT 107

Powers on entry of premises

    (1)     An inspector who enters premises in accordance with section 104 may do any of the following:

        (a)     inspect, examine and search the premises and inspect anything found on the premises;

        (b)     open (including by breaking open) a container or package found on the premises in order to inspect or examine the contents;

        (c)     take photographs, films or audio, video or other recordings of the premises or anything found on the premises;

        (d)     take copies of, or extracts from, a document found on the premises;

        (e)     require a person on the premises to do any of the following:

            (i)     answer questions or provide information;

            (ii)     produce, within a reasonable time, documents kept on the premises;

            (iii)     provide reasonable assistance to the inspector in the exercise of a power under this section;

        (f)     subject to section 108, seize anything;

        (g)     if the inspector reasonably believes anything found on the premises may be connected with an offence against this Act – order the occupier or a person apparently in charge of the premises not to remove the thing for the period of not more than 14 days specified in the order;

        (h)     destroy or render harmless, or order the occupier or a person apparently in charge of the premises to destroy or render harmless, anything found in or on the premises that poses, or is likely to pose, a threat to the health or safety of persons;

            (i)     order the owner of livestock to maintain or repair a fence for containing livestock within an area.

    (2)     An inspector may destroy an animal or animal products under subsection (1)(h) only with the consent of the owner or the Chief Inspector.

    (3)     A person must not contravene a requirement or order given under this section.

Fault element:     Strict liability offence.

Maximum penalty:     100 penalty units.

    (4)     It is a defence to a prosecution for an offence against subsection (3) if the defendant establishes a reasonable excuse.



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