Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister
may appoint any officer of the Department to be an inspector for the general
purposes of this Act.
(2) Every person
appointed to be an inspector under this Act shall be furnished with a
certificate in the prescribed form evidencing his appointment and shall
produce such certificate whenever required so to do by any person in respect
of whom he has exercised or is about to exercise any of his powers under this
Act.
(3) Production of a
certificate in the prescribed form is conclusive proof in any court of the
appointment of the inspector to whom that certificate relates and of his
authority as such an inspector to exercise the powers conferred upon an
inspector appointed under this Act.
(4) A person shall
furnish all reasonable assistance and all relevant information that he is
capable of furnishing to an inspector acting in the exercise of his powers and
the discharge of his duties under this Act and, subject to the right to make
an objection in respect of the making of the statement pursuant to
subsection (5), shall not withhold any such information.
(5) Where a person who
makes a statement pursuant to this section before he does so objects to having
to make that statement on the ground that it might tend to incriminate him,
the statement so made —
(a)
shall not be admissible in evidence in any prosecution against that person for
any offence other than the offence of contravening or failing to comply with
the provisions of this section; and
(b) if
recorded, in writing or otherwise, shall set out the fact of the objection
having been made.
(6) An inspector
appointed under this section may —
(a) at
any time enter on or into any land, premises or thing where he has reason to
believe that aerial spraying is or may be taking place or may be affected
thereby, or which he has reason to believe is being used in connection with
aerial spraying, and may take with him such persons as he thinks competent and
necessary to assist him in making any inspection or examination;
(b)
inspect all aircraft, vehicles, apparatus, fittings or appliances which he has
reason to believe are used or intended to be used for or in connection with
aerial spraying;
(c) make
such inspection, examination sampling, inquiry and tests, and ask such
questions, and request such information, as he considers necessary or
desirable, and to the extent required, to ascertain —
(i)
whether the provisions of this Act or any requirement
made under or pursuant thereto are being or have been complied with;
(ii)
whether any condition, restriction, or limitation is
being or has been observed;
(iii)
the cause, results and other aspects of any damage and
other matters arising therefrom or suspected of being related thereto which is
or may be attributable to matters to which this Act relates,
and to evaluate the
efficiency of the method of working and the aircraft and apparatus used,
having particular regard to the safety aspects in relation to the effect of
spraying on plants or animals; and
(d)
exercise such other authorities and discretions and perform such duties as may
be prescribed.
(7) Where an inspector
having made an inspection is of the opinion that any method of working,
aircraft, apparatus or other thing which he is empowered to
inspect —
(a) does
not conform with the requirements of this Act; or
(b) is,
in relation to the effect of spraying on plants or animals, unsafe,
he may by an order in
writing prohibit the further use of any such method or thing either absolutely
or except subject to such conditions, restrictions or limitations as he shall
specify in that order until such time as an inspector is satisfied that such
method or thing so conforms and is safe.
(8) A person aggrieved
by an order given by an inspector pursuant to subsection (7) may apply to
the State Administrative Tribunal for a review of the decision to give the
order.
(9) A person who
wilfully obstructs an inspector acting in the execution of the powers
conferred by this section, or acting pursuant to any regulation made under
this Act, commits an offence and is liable on conviction to a penalty not
exceeding $2 000.
(10) A person who
without reasonable excuse fails to give to any inspector acting in the
execution of the powers conferred by this section or acting pursuant to any
regulation made under this Act any assistance which that inspector may
reasonably request him to give, or any information which that inspector is
expressly authorised by or under this Act to call for or which he may
reasonably require or who, when required to give any such information,
knowingly makes any false or misleading statement in relation thereto, shall
be treated as having wilfully obstructed that inspector.
[Section 13A inserted by No. 16 of 1978
s. 7; amended by No. 20 of 1989 s. 3; No. 55 of 2004
s. 16; No. 46 of 2010 s. 67.]