Queensland Consolidated Acts Queensland Consolidated Acts(1) An inspector may at any time, with or without assistants and with such vehicle or vehicles and equipment, plant and instruments as the inspector may consider necessary for the proper discharge of the inspector's duties—
(a) enter into or upon any premises or holding;
(b) count the stock in or upon any premises, holding, vehicle or vessel and inspect or examine any stock, flock, or herd book or any other records kept in relation to the stock concerned;
(c) search any premises or holding, or stop, detain, enter and search any vehicle or vessel if the inspector suspects on reasonable grounds that an offence against this Act has been or is being committed and there is likely to be therein or thereon any stock, animal product, animal pathogen, carcass, biological preparation or fodder or any article or thing of any kind with respect to which that offence was or is being committed or that will afford evidence as to the commission of that offence, and may break open and search every box, receptacle or package of any kind in or upon those premises or that holding, vehicle or vessel;
(d) may seize and detain any stock, animal product, animal pathogen, carcass, biological preparation, travel permit, waybill or fodder or any article or thing of any kind in respect of which an offence against this Act has been or is being committed or in respect of which the inspector suspects on reasonable grounds that such an offence has been or is being committed, or that the inspector believes will afford evidence as to the commission of that offence;
(e) inspect, test for disease and treat for disease any stock, animal product, carcass or fodder;
(f) inspect and test any soil, animal pathogen or biological preparation;
(fa) inspect, and take a copy of, a document at the premises or holding;
(g) where stock are to be sent out of the State, inspect, test for disease and treat for disease such stock for the purpose of ensuring that such stock meet the health requirements of any other State or Territory of the Commonwealth or of any country and issue certificates of compliance with those health requirements as a result of such inspection, testing or treatment or upon any other evidence to the inspector's satisfaction of such compliance;
(h) provide husbandry services to any owner and advise any owner on and where necessary assist the owner in the carrying out of measures for the prevention of disease;
(i) stop and detain travelling stock for the purpose of examining or testing for disease such stock or stop and detain any carcass which is being conveyed by any means whatsoever for the purpose of examining same;
(j) examine or test for disease and detain travelling stock or any carcass which is being conveyed by any means whatsoever until this Act is complied with to the inspector's satisfaction;
(k) order travelling stock to be forthwith taken back to any place or district from which they have been or are being removed or order any carcass which is being conveyed by any means whatsoever to be forthwith taken back to any place or district from which it has been or is being removed;
(l) upon the authority of the chief executive—
(i) order the owner of a holding or saleyard to erect and maintain in proper condition in the holding or saleyard the facilities specified in the order (which may include a crush or race) such as will enable the effective and safe examination, testing or treatment, by an inspector, of stock specified by the inspector;
(ii) order the owner of a saleyard within a tick infested area to install and maintain in proper condition in that saleyard a cattle dip;
(iii) order an owner to cause stock on a holding to be mustered;
(iv) order an owner to hold stock on a holding for examination, testing or treatment;
(v) order an owner to treat or test stock on a holding to the inspector's satisfaction;
(m) question, with respect to matters under this Act, any person who is or was or who the inspector suspects to be or to have been the owner of any premises, holding or stock, every person whom the inspector finds in or on any premises or holding, and every person who has been within the preceding 6 months employed in or on any premises or holding to ascertain whether this Act has been or is being complied with and require any such person to answer the questions put and to sign a declaration of the truth of the person's answer;
(n) impound or quarantine any stock which, in the inspector's opinion, are or are suspected to be diseased, or where, in the inspector's opinion, there is a risk of the stock going or straying to or coming in contact with stock free from disease or impound or detain any animal product, carcass, biological preparation or fodder which, in the inspector's opinion, is or is suspected to be diseased;
(o) order the destruction and disposal of diseased stock at saleyards, cattle feedlots and licensed slaughterhouses;
(p) order the owner of any premises or holding to remove stock from any specified portion of the premises or holding and to keep such portion free of stock for the period specified in the order;
(q) order the owner of any premises or holding to take, within a specified period, such measures as the inspector specifies to ensure a reasonable standard of hygiene on the premises or holding at all times;
(r) ask anyone the inspector considers can help, to help the inspector exercise the powers;
(s) require a person being questioned by the inspector pursuant to this Act to state the person's name and usual place of residence.
(1AA) For the purpose of testing any stock, animal product, animal pathogen, carcass, biological preparation, fodder or soil pursuant to this Act an inspector may take specimens of any part of the stock, animal product, animal pathogen, carcass, biological preparation, fodder or soil or of internal or external parasites in or on the stock or carcass as the inspector requires.
(1AB) The power conferred on an inspector by subsection (1)(l)(i) shall not be exercised unless the chief executive is satisfied that it is not practicable to conduct an efficient and safe examination, test or treatment of the stock in question without resorting to such an order.
(1A) An inspector may at any time order the immediate destruction and disposal by an owner thereof of any travelling stock which in the inspector's opinion are in a moribund state.
(1B) If in the opinion of an inspector, travelling stock are so seriously injured as to be incapable of being travelled or travelled without cruelty or likelihood of further injury, the inspector may order their destruction and disposal, refuse to permit further movement, or if the inspector thinks fit, permit their movement to the nearest practicable place available for veterinary treatment.
(1C) If an owner is not present or for any other reason the inspector considers it necessary so to do, the inspector may destroy and dispose of, or cause to be destroyed and disposed of, any stock so found, in which cases the owner thereof shall be liable to pay all expenses reasonably incurred in the destruction and disposal of such stock, and any such expenses unpaid by such owner may be recovered by an inspector from the owner by action as for a debt in any court of competent jurisdiction.
(1D) For the purposes of subsections (1A) and (1B), the order directing the destruction or disposal of any stock, may direct the manner in which, the time within which, and the person by whom the stock shall be destroyed or disposed of and may direct that the stock shall be delivered at the time and place specified in the order, to a person named in the order for destruction or disposal.
(1E) The provisions of section 36 shall not apply with respect to any order under subsection (1A) or (1B) of an inspector.
(2) When any stock so impounded or quarantined are, or when any animal product, carcass, biological preparation or fodder so impounded or detained is found to be diseased, the chief executive may cause such stock, animal product, carcass, biological preparation or fodder to be destroyed.
(2A) In that event the chief executive shall forthwith give notice of the fact to the owner of the stock, animal product, carcass, biological preparation or fodder as the case may be if that owner is known to the chief executive.
(2B) Specimens of any soil, biological preparation or animal pathogen taken pursuant to subsection (1) or (1AA) shall be disposed of as directed by the chief inspector.
(3) Any stock so impounded which are not, or any animal product, carcass, biological preparation or fodder so impounded which is not diseased shall, after the expiration of 21 days from the day of impounding, if not sooner claimed and duly released, be sold, destroyed or otherwise disposed of as the chief executive directs.
(3A) The proceeds (if any) arising from such sale, destruction, or disposal shall, after payment of the expenses of impounding and of sale, destruction, or disposal, be paid to the owner of the stock, animal product, carcass, biological preparation or fodder as the case may be if the owner is known, and if the owner is not known shall be paid into the consolidated fund.
(3B) Save as aforesaid, all stock so impounded shall be dealt with in all respects as if they had been impounded by a proprietor under the laws in force relating to impounding of stock.
(4) The inspector who impounds or quarantines any stock or impounds or detains any animal product, animal pathogen, carcass, biological preparation or fodder under this section or takes any action under subsections (1A) to (1E) shall forthwith give notice of the fact to the chief inspector.