Powers of inspectors
10 Powers of inspectors
For the purposes of this section, the Board may empower a person to act as an inspector in order to exercise the powers conferred by subsection (2).
Subject to subsection (5), for the purpose of – ascertaining whether a person is contravening or has contravened section 11 or 12; ascertaining whether a person who is, or was in the previous 3 years, a registered veterinary surgeon or a person exempted under section 13 has, in this State, failed to comply with, or contravened, or is failing to comply with or is contravening – any provision of this Act; any condition, limitation, or restriction, imposed by the Board or by virtue of section 11A(1), section 18A or section 46(2)(d), subject to which the person may practise, or continue to practise, veterinary surgery; or any veterinary service standard declared under section 5B; ascertaining whether a person who is, or was in the previous 3 years, a registered veterinary surgeon or a person exempted under section 13 is no longer a fit and proper person to practise veterinary surgery in this State; or investigating a complaint made under section 42 or 43 – an inspector may, at any reasonable time – enter and remain in any premises or vehicles, which he has reasonable grounds to believe are used by that person for the purposes of, or in connection with, the practice of veterinary surgery or the performance of any act of veterinary surgery; inspect those premises or vehicles, and any records on or in those premises or vehicles; open and inspect containers or packages which he has reasonable grounds to believe are used by that person for the purpose of, or in connection with, the practice of veterinary surgery or the performance of any act of veterinary surgery; make the inquiries of a person on or in those premises or vehicles that the inspector considers to be necessary for the purposes of this Act; require a person on those premises to, without delay or within a period specified by the inspector – produce to the inspector a document, held at the premises or at other premises, that may relate to the provision of veterinary services by a person who is or was on the premises or who is or was engaged to provide services at or from the premises; produce to the inspector a certificate of registration issued to the person under section 21; assist the inspector to access any document, kept in an electronic form, that is a record kept in accordance with section 34 or that may relate to the provision of veterinary services by a person who is or was engaged to provide services at or from the premises; if the person is reasonably able to do so, produce a copy of a document referred to in this paragraph and provide it to the inspector; or permit the inspector to make a copy of a document referred to in this paragraph; and require a person to provide reasonable assistance to the inspector in the exercise of the inspector's powers under this Act.
A person who obstructs, hinders, threatens, or assaults an inspector in the exercise of his powers under subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 50 penalty units.
The Board shall issue to an inspector a certificate of his authority to exercise the powers conferred by subsection (2).
An inspector is not empowered to exercise any powers conferred by subsection (2) unless he has previously produced a certificate issued under subsection (4).
This Act’s bill:Explanatory notesSecond reading speech
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