South Australian Repealed Acts

This legislation has been repealed.

MEAT HYGIENE ACT 1994 - SECT 29

29—General powers of meat hygiene officers

        (1)         A meat hygiene officer may for the purposes of the administration or enforcement of this Act—

            (a)         enter and inspect any place or vehicle to which this section applies;

            (b)         where reasonably necessary, use reasonable force to break into or open any part of, or anything in or on, any place or vehicle to which this section applies;

            (c)         give directions with respect to the stopping or movement of a vehicle to which this section applies;

            (d)         take samples of or from any animal, bird, meat, substance or thing for analysis;

            (e)         mark, or direct the marking of, meat or animals or birds apparently intended to be killed for meat or anything used, or apparently intended to be used, in connection with such meat, animals or birds;

            (f)         seize and retain any meat, or issue a seizure order in respect of any meat, in order to prevent the meat being processed before its wholesomeness can be determined or if the officer reasonably suspects that the meat may not be wholesome;

            (g)         seize and retain, or issue a seizure order in respect of, an animal or bird apparently intended to be killed for meat—

                  (i)         in order to prevent the animal or bird being killed before it can be determined whether it is affected with a disease or contaminant that would render meat derived from the animal or bird unwholesome; or

                  (ii)         if the officer reasonably suspects that the animal or bird is affected with a disease or contaminant that would render meat derived from the animal or bird unwholesome;

            (h)         require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process;

                  (i)         examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;

            (j)         take photographs, films or audio, video or other recordings;

            (k)         examine or test any plant, equipment, vehicle or other thing, or cause or require it to be so examined or tested, or seize it or require its production for such examination or testing;

            (l)         seize and retain, or issue a seizure order in respect of, anything that the officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act;

            (m)         require a person who the officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity;

            (n)         require a person who the officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters;

            (o)         require a person holding or required to hold an accreditation to produce it for inspection;

            (p)         give any directions reasonably required in connection with the exercise of a power conferred by any of the paragraphs above or otherwise in connection with the administration or enforcement of this Act.

        (2)         A meat hygiene officer may not exercise the power conferred by subsection (1)(b) in relation to any residential premises except on the authority of a warrant issued by a justice.

        (3)         A justice must not issue a warrant under subsection (2) unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.

        (4)         In the exercise of powers under this Act a meat hygiene officer may be assisted by such persons as the officer considers necessary in the circumstances.

        (5)         A meat hygiene officer may require an occupier of any place or a person apparently in charge of any plant, equipment, vehicle or other thing to give to the officer or a person assisting the officer such assistance as is reasonably required by the officer for the effective exercise of powers conferred by this Act.

        (6)         Where a person gives assistance to a meat hygiene officer as required under subsection (5), the person must, if he or she so requires, be reimbursed by the officer or the Minister for any reasonable costs and expenses incurred in giving the assistance.

        (7)         This section applies to a place or vehicle—

            (a)         that a meat hygiene officer reasonably suspects is being, or has been, used for or in connection with meat processing or the sale of meat; or

            (b)         in which the officer reasonably suspects there may be records relating to meat processing or the sale of meat or anything that has been used in, or may constitute evidence of, a contravention of this Act.