South Australian Consolidated Acts

BRANDS ACT 1933 - SECT 59

59—Power of inspectors and others to enter premises and seize suspected stock and instruments

        (1)         Any inspector or any member of the police force may, at any time, either alone or with such persons as he deems necessary, enter upon any run or other premises or any public or private place, and inspect any stock, or any hide or skin, or any brand or branding iron or instrument for branding thereon.

        (1a)         Any inspector or any member of the police force may, at any time—

            (a)         request the driver of a vehicle which is conveying stock to stop that vehicle;

            (b)         request any person driving any stock to stop such stock;

            (c)         ask the driver or the person apparently in charge of a vehicle which is conveying stock or any person driving any stock questions for the purpose of ascertaining—

        I.         the name and place of residence or place of business of such driver or other person or of the owner of the stock; or

        II.         the place of departure and the route of the stock and the place to which they are intended to be conveyed or driven; and

            (d)         either alone or with such persons as he deems necessary, search any such vehicle and examine and take particulars of any stock which is so conveyed or driven.

        (1b)         A person shall forthwith—

            (a)         comply with a request made to him under subsection (1a) of this section; and

            (b)         truly answer a question put to him under subsection (1a) of this section.

Penalty: One hundred dollars.

        (2)         Such inspector or member of the police force may seize and take away—

            (a)         any stock with respect to which it appears to him that any offence against this Act has been or is being committed; or

            (b)         any hide or skin; or

            (c)         any brand, branding iron, or other instrument which appears to him to be used, or to be capable of being used, for committing any offence against this Act,

whether such stock, hide, skin, brand, iron, or instrument is in the possession or under the care or control of any person or not.

        (3)         When any person seizes any stock pursuant to this section he may impound it, in which case it shall be dealt with in the manner set forth in and as if impounded under any Act regulating the impounding of stock but if the stock is seized at a greater distance than 8 kilometres from the nearest public pound, the person seizing it shall either hold it, or impound it in such place or places as he deems convenient, until it is delivered up to such person as a justice orders or is otherwise disposed of as a justice orders, or shall impound it in a public pound as aforesaid.

        (4)         When any person seizes any hide, skin, brand, branding iron, or other instrument pursuant to this section he shall hold it, or deposit it in such place or places as he deems convenient, until it is delivered up to such person as a justice orders or is otherwise disposed of as a justice orders.

        (5)         In this section—

"stock" includes pigs.