21/Dec/2001 - Current (at 31 Dec 2005)
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    23. Powers to prevent introduction and spread of disease

    (1) In this section and section 22A

    }consignment~ means a consignment of goods or things of any kind that is being or has been carried in or on a conveyance or vessel.

    (2) In order to prevent any disease from being introduced into the State or into any portion of the State, or being spread within the State an inspector may

    (a) inspect any premises, conveyance, vessel or consignment for the purpose of ascertaining whether there is any potential carrier therein or thereon;

    (b) seize any potential carrier that is being introduced or attempted to be introduced into the State or into any portion of the State, or being moved or attempted to be moved within the State, in contravention of this Act and disinfect, destroy or otherwise treat or dispose of it as he thinks fit;

    (c) subject to the regulations, detain a conveyance, vessel or consignment pending the inspection thereof to ascertain whether there is any potential carrier therein or thereon or pending the disinfection or other treatment of the potential carrier;

    (d) issue to the owner or person in charge of a conveyance, vessel or consignment a notice directing that he take it or cause it to be taken, under quarantine, to a place specified in the notice in order for it to be inspected to ascertain whether there is any disease therein or thereon or for any potential carrier to be disinfected or otherwise treated.

    (2a) For the purposes of carrying out functions under subsection (2), an inspector may

    (a) enter any premises, conveyance, or vessel;

    (b) remove part or all of a consignment, package, container or any other thing from the control of the person apparently in charge of it;

    (c) open any container or package.

    (3) Any expenses incurred by an inspector in disinfecting, destroying or otherwise disposing of or treating any plant or covering or in disinfecting or treating any conveyance or vessel pursuant to subsection (2) shall be met by the owner or person in charge thereof, as the Minister shall direct.

    (4) An inspector may after inspecting any conveyance, vessel or consignment, whether or not that conveyance, vessel or consignment is infected,

    (a) treat it in order to eradicate disease or to lessen the risk of the spread of disease;

    (b) detain it pending the treatment of it for the purposes mentioned in paragraph (a); or

    (c) issue to the owner or person in charge of it a notice directing that he take it or cause it to be taken, under quarantine, to a place specified in the notice in order for it to be treated for the purposes mentioned in paragraph (a).

    (5) A person who contravenes or fails to comply with a notice issued under subsection (2)(d) or subsection (4)(c) commits an offence against this Act.

    (6) Section 34(2) and (3) do not apply in relation to the movement of any plant, fruit, goods, coverings or thing pursuant to and in accordance with a notice issued under subsection (2)(d) or subsection (4)(c).

    (7) The provisions of this section are in addition to and not in derogation of any other provisions of this Act conferring powers upon inspectors.

    [Section 23 inserted by No. 55 of 1981 s. 9; amended by No. 51 of 1984 s. 16; No. 40 of 1993 s. 14; No. 19 of 2001 s. 4.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.