Plant Health Act 2008

(1) An inspector may exercise any of the powers mentioned in subsections (2) and (3) if the inspector reasonably believes it is necessary to do so for:

(c) the exercise of a power or the performance of a function of an inspector under this Act.

(b) require a person at the place to give the inspector specified information about specified plants or plant-related materials;

(c) operate any electronic equipment at the place for the purposes of retrieving or recording the information;

(d) inspect, take samples of, or seize, any plant or plant-related material found at the place for a specified examination or treatment;

(f) apply, or require a person having the control of the place to apply, a specified treatment to the place;

(g) install any thing at the place for controlling or monitoring a pest;

(i) make a record in relation to an exercise of a power for this subsection (including, for example, by taking a photograph or making a video recording).

(a) require a person having the control of a plant or plant-related material to do 1 or more of the following:

(ii) to give the plant or material to someone for a specified examination or treatment;

(iii) to refrain from doing a specified thing in relation to the plant or material until an inspection certificate is given for the plant or material;

(iv) to dispose of the plant or material as specified by the inspector;

(b) take control of the plant or material mentioned in paragraph (a) and to do a thing covered by the paragraph in relation to the plant or material;

(c) require a person having the control of a means of transport (including, for example, an animal or vehicle) to do 1 or more of the following:

(ii) to give it (including anything found on or in it) to someone, or to remove it to a place, for a specified examination, treatment or disposal;

(iii) to remove it (including anything found on or in it) to a specified place and leave it there until an inspection certificate for it is given;

(d) take control of the means of transport mentioned in paragraph (c) for the examination, treatment, disposal or the giving of the certificate.

(4) A person must comply with a requirement made by an inspector for subsection (2) or (3).

Fault elements:

The person:

Maximum penalty: 100 penalty units.

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

(6) A requirement made orally for subsection (2) or (3) must be confirmed in writing as soon as practicable after it is given.