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Contents (1993 - 11)
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Noxious Weeds Act 1993 No 11
Repealed version for 4 June 2015 to 30 June 2017 (accessed 22 August 2017 at 19:35)
Part 5
Part 5 Noxious weed control officers and advisory committees
Division 1 Appointment and powers of inspectors
41   Inspectors
(1)  A local control authority may appoint inspectors for the purposes of this Act.
(2)  An inspector has the functions conferred or imposed on inspectors by or under this Act.
(3)  An inspector appointed by a local control authority may not exercise any functions under this Act outside the local area of the authority.
Note.
 The noxious weed control functions of inspectors are set out in sections 39 and 40.
42   Authorised officers
(1)  The Director-General may authorise any person in writing to exercise some or all of the functions of an inspector under this Act in relation to the whole or any part of the State.
(2)  For the purpose of exercising a power of entry of an authorised officer, references in this Part to a local control authority are taken to include references to the Minister, except in section 49.
43   Power of entry
(1)  For the purposes of this Act, an inspector, authorised officer or other person authorised by a local authority to control noxious weeds on land may enter any premises.
(2)  Entry may be made at all reasonable hours.
44   Inspections and investigations
For the purposes of this Act, an inspector or an authorised officer who has a power to enter premises may do any of the following:
(a)  inspect the premises,
(b)  search the premises,
(c)  examine, take samples, photographs or video recordings of, seize, detain or remove any thing in or about those premises that the inspector or authorised officer reasonably suspects to be noxious weed material or to be vegetable matter, or any other thing, containing noxious weed material,
(c1)  test, treat or disinfest any noxious weed material or any vegetable or other matter that the inspector or authorised officer reasonably suspects contains noxious weed material,
(d)  require the production of and inspect any records in or about those premises,
(e)  take copies of, or extracts or notes from, any such records,
(f)  require any person in or about those premises to answer questions or otherwise furnish information,
(g)  require the occupier of those premises to provide the inspector or authorised officer with such assistance and facilities as is or are reasonably necessary to enable the inspector or authorised officer to exercise his or her functions,
(h)  remove or destroy or cause to be removed or destroyed any thing in or about those premises that the inspector or authorised officer reasonably suspects to be noxious weed material or to be vegetable matter, or any other thing, containing noxious weed material,
(i)  break open and search any box, container, package or receptacle (including any place that could be used as a receptacle) in or about those premises,
(j)  test, treat or disinfest any box, container, package or receptacle (including any place that could be used as a receptacle) in or about those premises that the inspector or authorised officer reasonably suspects contains any noxious weed material or vegetable or other matter containing noxious weed material.
45   Notice of entry
(1)  Before an inspector, authorised officer or other person authorised to enter premises does so, the local control authority must give the occupier of the premises oral or written notice of the intention to enter the premises on a day or within a period specified in the notice.
(2)  This section does not require notice to be given:
(a)  if entry to the premises is made with the consent of the occupier of the premises, or
(b)  if entry is required urgently and the local control authority has authorised in writing (either generally or in the particular case) entry without notice.
46   Use of force
(1)  Reasonable force may be used for the purpose of gaining entry to any premises (other than residential premises) under a power conferred by this Part by an inspector, authorised officer or other person, but only if authorised by the local control authority in accordance with this section.
(2)  No force is to be exercised in any case unless the local control authority has authorised in writing (either generally or in the particular case) the use of force in the circumstances of the case.
(3)  A general authority given by the local control authority for the use of force is invalid. The authority is to specify the circumstances which are required to exist in a case before force may be used.
47   Notification of use of force or entry without notice
An inspector, authorised officer or other person authorised to enter premises who:
(a)  uses force for the purpose of gaining entry to the premises, or
(b)  enters the premises without notice having been given to the occupier of the premises of the intention to enter as required by section 45,
must promptly advise the local control authority which is to cause written notice to that effect to be served on such persons or authorities as appear to the local control authority to be appropriate in the circumstances.
47A   Inspectors and others may inquire as to source or destination of noxious weed material
(1)  An inspector or authorised officer who reasonably believes that a person has information that may assist in tracing or determining the source or destination of any matter that the inspector or authorised officer reasonably suspects to be noxious weed material may require the person to answer questions for that purpose.
(2)  A person referred to in subsection (1) is not excused from answering a question put to the person under that subsection only on the ground that the answer might tend to incriminate the person. However, if the person claims, before answering the question that the answer might tend to incriminate the person, neither the question nor the answer is admissible in evidence against the person in criminal proceedings other than proceedings under section 54.
(3)  An inspector or authorised officer may, for the purposes of this Act, divulge information given to the inspector or officer under this section.
48   Care to be taken
In the exercise of a function under this Act, an inspector, authorised officer or other person authorised to enter premises must do as little damage as possible.
49   Compensation
(1)  In this section, a reference to a local control authority does not include a reference to the Minister.
(2)  A local control authority or the Crown, as the case may be, must compensate all interested parties for any damage caused by an inspector or authorised officer authorised under this Part to enter premises in entering the premises (but not any damage caused by exercising any other function), unless the occupier of the premises obstructed, hindered or restricted the inspector or authorised officer in the exercise of the power of entry.
50   Certificates of authority
(1)  A power conferred by this Act to enter premises or to do anything in or about any premises may not be exercised unless the person proposing to exercise the power is in possession of a certificate of authority and produces the certificate if required to do so by the occupier of the premises.
(2)  A certificate of authority is a certificate (in a form approved by the Director-General) issued by a local control authority which:
(a)  states that it is issued under this Act, and
(b)  gives the name of the person to whom it is issued, and
(c)  describes the nature of the powers conferred and the source of the powers, and
(d)  states the date (if any) on which it expires, and
(e)  describes the kind of premises to which the power extends, and
(f)  bears the signature of the Director-General or the General Manager of a local control authority.
(3)  This section does not apply to a power conferred by a search warrant.
51   In what circumstances can entry be made to a residence?
The powers of entry and inspection conferred by this Part are not exercisable in relation to that part of any premises being used for residential purposes except when the powers are exercised by an inspector or an authorised officer:
(a)  with the permission of the occupier of that part of the premises, or
(b)  under the authority conferred by a search warrant.
52   Search warrant
(1)  An inspector or authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant if the inspector or authorised officer under this Act has reasonable grounds for believing that a provision of this Act or the regulations has been or is being or is about to be contravened in or about any premises.
(2)  An inspector or authorised officer under this Act may not apply for a search warrant to search premises unless the inspector or authorised officer under this Act has notified the Director-General of the intended application.
(3)  An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a warrant authorising an inspector or authorised officer under this Act named in the warrant to enter the premises and to exercise there the powers under section 44.
(4)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(5)    (Repealed)
53   Inspector or authorised officer may request assistance
(1)  An inspector or authorised officer may request the assistance of any police officer if the inspector or authorised officer reasonably believes that the performance of functions conferred by or under this Act will be obstructed.
(2)  An inspector or authorised officer may request the assistance of any person he or she believes to be capable of providing assistance in the performance of functions conferred by or under this Act.
54   Offence: obstructing inspector, authorised officer or other authorised person
(1)  A person who:
(a)  prevents an inspector or authorised officer from exercising a function conferred by or under this Act, or
(b)  hinders or obstructs an inspector or authorised officer in the exercise of such a function, or
(c)  without reasonable excuse, refuses or fails to comply with a requirement made or to answer a question of an inspector or authorised officer asked in accordance with this Act, or
(d)  furnishes an inspector or authorised officer with information knowing that it is false or misleading in a material particular,
is guilty of an offence.
Maximum penalty: 20 penalty units.
(2)  A person who:
(a)  prevents a person authorised by a local control authority to control noxious weeds on land from exercising a function conferred by or under this Act, or
(b)  hinders or obstructs the person authorised in the exercise of such a function, is guilty of an offence.
Maximum penalty: 20 penalty units.
55   Offence: impersonating inspector, authorised officer or other authorised person
A person who impersonates or falsely represents that the person is an inspector, an authorised officer or a person authorised by a local control authority to control noxious weeds on land is guilty of an offence.
Maximum penalty: 10 penalty units.
Division 2 Advisory committees
56   Establishment of advisory committees
The Minister may from time to time establish advisory committees and dissolve any such advisory committee.
57   Functions of advisory committees
(1)  An advisory committee is to assist the Minister and any other person nominated by the Minister in exercising their functions under this Act.
(2)  An advisory committee has such other functions relating to the administration of this Act as the Minister determines.
58   Membership and procedure of advisory committees
(1)  An advisory committee is to consist of such members as the Minister determines who are to represent a range of interests and expertise appropriate to the functions of the committee.
(2)  Except as otherwise directed by the Minister, an advisory committee is to regulate its own proceedings for the calling of meetings and the conduct of its business.
(3)  Schedule 1 has effect with respect to the members of an advisory committee.