Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section
and section 22A —
consignment means a consignment of goods or things
of any kind that is being or has been carried in or on a conveyance or vessel.
(2) In order to
prevent any disease from being introduced into the State or into any portion
of the State, or being spread within the State an inspector
may —
(a)
inspect any premises, conveyance, vessel or consignment for the purpose of
ascertaining whether there is any potential carrier therein or thereon;
(b)
seize any potential carrier that is being introduced or attempted to be
introduced into the State or into any portion of the State, or being moved or
attempted to be moved within the State, in contravention of this Act and
disinfect, destroy or otherwise treat or dispose of it as he thinks fit;
(c)
subject to the regulations, detain a conveyance, vessel or consignment pending
the inspection thereof to ascertain whether there is any potential carrier
therein or thereon or pending the disinfection or other treatment of the
potential carrier;
(d)
issue to the owner or person in charge of a conveyance, vessel or consignment
a notice directing that he take it or cause it to be taken, under quarantine,
to a place specified in the notice in order for it to be inspected to
ascertain whether there is any disease therein or thereon or for any potential
carrier to be disinfected or otherwise treated.
(2a) For the purposes
of carrying out functions under subsection (2), an inspector
may —
(a)
enter any premises, conveyance, or vessel;
(b)
remove part or all of a consignment, package, container or any other thing
from the control of the person apparently in charge of it;
(c) open
any container or package.
(3) Any expenses
incurred by an inspector in disinfecting, destroying or otherwise disposing of
or treating any plant or covering or in disinfecting or treating any
conveyance or vessel pursuant to subsection (2) shall be met by the owner
or person in charge thereof, as the Minister shall direct.
(4) An inspector may
after inspecting any conveyance, vessel or consignment, whether or not that
conveyance, vessel or consignment is infected, —
(a)
treat it in order to eradicate disease or to lessen the risk of the spread of
disease;
(b)
detain it pending the treatment of it for the purposes mentioned in
paragraph (a); or
(c)
issue to the owner or person in charge of it a notice directing that he take
it or cause it to be taken, under quarantine, to a place specified in the
notice in order for it to be treated for the purposes mentioned in
paragraph (a).
(5) A person who
contravenes or fails to comply with a notice issued under
subsection (2)(d) or subsection (4)(c) commits an offence against
this Act.
(6) Section 34(2)
and (3) do not apply in relation to the movement of any plant, fruit, goods,
coverings or thing pursuant to and in accordance with a notice issued under
subsection (2)(d) or subsection (4)(c).
(7) The provisions of
this section are in addition to and not in derogation of any other provisions
of this Act conferring powers upon inspectors.
[Section 23 inserted by No. 55 of 1981
s. 9; amended by No. 51 of 1984 s. 16; No. 40 of 1993
s. 14; No. 19 of 2001 s. 4.]