Biosecurity and Agriculture Management Act 2007

For inspection purposes, an inspector may —

at any time stop, detain, board or enter a conveyance (except a conveyance that is a mobile home); and

at any time enter a place that is not a dwelling; and

at any time enter a dwelling with the consent of the person apparently in control of the dwelling; and

at any time enter a place, including a dwelling, in accordance with an entry warrant; and

take onto or into the place any assistants, contractors, animals, vehicles, instruments, equipment or materials that are needed to carry out the inspection; and

remain on or in the place, with the assistants, contractors, animals, vehicles, instruments, equipment or materials, for as long as is necessary to complete the inspection; and

inspect and open any package, compartment, cupboard or container of any kind, and inspect its contents; and

restrain, muster, round up, yard, draft or otherwise move or handle any stock or other animal; and

patrol and inspect any fence on or bounding land or premises; and

take samples or specimens of or from organisms, agricultural products, chemical products, animal feed, fertilisers, water, soil or potential carriers; and

survey and mark out land for any purpose relevant to carrying out the inspection; and

photograph or film a place or conveyance and anything in or on the place or conveyance; and

label any thing to indicate its identity or contents.

Before obtaining the consent of a person for the purposes of subsection (1)(c), the inspector must inform the person —

that the inspector wants to exercise the power under subsection (1)(c); and

of the reason why the inspector wants to exercise the power; and

that the person can refuse to consent to the inspector doing so.

Before exercising a power under subsection (1)(a), (b) or (i) an inspector must take reasonable steps to inform the owner, occupier or person in charge of the place, as the case requires, of his or her intention to exercise the power.

Subsection (3) does not apply if —

the inspector reasonably suspects that to do so will endanger any person, including the inspector, or jeopardise the purpose of the proposed entry or the effectiveness of any search of the place; or

the power is to be exercised in a public place or quarantine facility.

In subsection (4) —

a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or not; and

a place to which the public has access with the express or implied approval of, or without interference from, the occupier of the place; and

a school, university or other place of education, other than a part of it to which neither a student nor the public usually has access.