Queensland Consolidated Acts Queensland Consolidated Acts(1) Subject to section 20, an inspector, at any time, may--
(a) enter any place (including any vehicle) in order to ascertain whether the provisions of this Act have been complied with or to investigate any offence against this Act or to perform a duty or exercise a power imposed or conferred upon the inspector by this Act; or
(b) take with the inspector into any place entered, pursuant to paragraph (a), such assistants, vehicles and equipment as the inspector considers necessary for the proper performance of the inspector's duties; or
(c) search any place entered pursuant to paragraph (a) and make therein such investigation, inspection or inquiry as is necessary for the purposes of this Act including by breaking open and searching any receptacle or enclosed place, conducting tests and taking without payment samples of any matter or thing for testing or as evidence; or
(d) stop and detain any vehicle or direct a person in charge of the vehicle to remove it to some other place, or the inspector may remove it to some other place, for the purposes of the performance by the inspector of a duty or the exercise by the inspector of a power, imposed or conferred upon the inspector by this Act; or
(e) seize any matter or thing with respect to which the inspector has reasonable grounds for believing that an offence against this Act has been committed or is being committed or that the inspector believes will afford evidence of the commission of an offence against this Act or that is a pest or that the inspector believes is infested with a pest together with any packing material or container or vehicle convenient to facilitate the seizure; or
(f) remove any matter or thing seized by the inspector to a place determined by the inspector, or allow it to remain at, or return it to, the place of seizure or place it in the custody of a person and in any case, make such arrangements and give such directions as the inspector considers necessary to achieve the objects of the seizure; or
(g) direct any person to furnish for inspection at such times and places as the inspector specifies--
(i) records or copies of or extracts from records prepared or kept for a purpose connected with this Act or which in the opinion of the inspector would assist in ascertaining whether this Act has been complied with or whether an offence against this Act has been committed; or
(ii) any instrument issued under this Act or a copy thereof; or
(h) take notes or copies of or extracts from anything furnished pursuant to paragraph (g); or
(i) question any person to ascertain whether this Act has been complied with or whether an offence has been committed against this Act or whether an occasion has arisen for the performance or exercise by the inspector of a duty or power imposed or conferred upon the inspector by this Act, and subject to subsection (7), require the person to answer the questions put; or
(j) require any person found by the inspector committing an offence against this Act or who the inspector believes on reasonable grounds has committed an offence against this Act or whose name and address are reasonably required for the purposes of this Act to state the person's full name and the address of the person's usual place of residence and, if the inspector considers it necessary, the name and the address of the usual place or residence of any other person, and if the inspector suspects on reasonable grounds that a name or address is false, require evidence of the correctness thereof in accordance with the inspector's directions; or
(ja) without limiting any other power the inspector has under this section, require a person to give the inspector reasonable help to exercise a power under this section, including for example to produce a document or give information; or
(k) direct a person who has failed to comply with this Act to take steps as directed in order to remedy those matters in respect of which the noncompliance has occurred; or
(l) if the inspector is obstructed, or reasonably believes he or she will be obstructed, ask anyone the inspector considers can help, to help the inspector exercise the inspector's powers.
(2) Directions given pursuant to subsection (1)(k) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that has resulted in the directions except that the person to whom the order is given is not liable for a continuation of the failure to comply during the time allowed for compliance with the directions.
(3) A person asked to help an inspector under subsection (1)(l) must help the inspector as required by the inspector and in accordance with this Act.
(4) If any matter or thing seized by an inspector is marked with a broad arrow and words to the effect that the matter or thing is impounded under the Plant Protection Act it shall be deemed for the purposes of this Act that all persons are directed not to remove or to interfere with the matter or thing so as to affect its seizure except in accordance with the directions of an inspector.
(5) The power of an inspector to seize any matter or thing with respect to which the inspector has reasonable grounds for believing that an offence against this Act has been committed includes the power to seize any plant grown from any plant--
(a) that has been unlawfully introduced into the State; or
(b) that has been unlawfully moved within the State to the place where the plant that is subject to seizure is growing.
(6) A person must comply with a direction or requirement under this section, unless the person has a reasonable excuse for not complying with it.
Maximum penalty--400 penalty units.
(7) For a direction or requirement under subsection (1)(g)(i) to produce anything or under subsection (1)(i) to answer a question or under subsection (1)(ja) to give reasonable help, it is a reasonable excuse for the person to fail to comply with the direction or requirement if the production of the thing or answering the question or giving the help might tend to incriminate the person.