Queensland Numbered Acts

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PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2006 No. 48 - SECT 19

19 Insertion of new pt 3, div 1, and div 2 hdg

After section 22--

insert--

'(1) The chief executive may appoint any of the following persons as an inspector--

(a) a public service officer or employee;
(b) an employee of the Commonwealth or another State;
(c) an employee of a local government;
(d) a veterinary surgeon under the Veterinary Surgeons Act 1936;
(e) an individual included in a class of persons declared under a regulation to be an approved class of persons for this section.

'(2) However, the chief executive may appoint a person as an inspector only if satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

'(1) An inspector holds office on any conditions stated in--

(a) for an appointed inspector--the inspector's instrument of appointment; or
(b) a signed notice given to the inspector; or
(c) a regulation.

'(2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector's powers under this Act.

'(3) In this section--

signed notice means a notice signed by the chief executive.

'(1) The chief executive must issue an identity card to each appointed inspector.

'(2) The identity card must--

(a) contain a recent photo of the inspector; and
(b) contain a copy of the inspector's signature; and
(c) identify the person as an inspector under this Act; and
(d) state an expiry date for the card.

'(3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

'The identity card for a person who is an inspector under section 4(2) is the person's identity card as a police officer.

'(1) In exercising a power under this Act in relation to another person, an inspector must--

(a) produce the inspector's identity card for the other person's inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the other person when exercising the power.

'(2) However, if it is not practicable to comply with subsection (1), the inspector must produce the identity card for the other person's inspection at the first reasonable opportunity.

'(3) For subsection (1), an inspector does not exercise a power in relation to another person only because the inspector--

(a) has entered a place that is a public place and entry is made when it is open to the public; or
(b) for the purpose of asking the occupier of a place for consent to enter--
(i) enters land around premises at the place to an extent that is reasonable to contact the occupier; or
(ii) enters part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

'(1) An appointed inspector ceases to hold office if any of the following happens--

(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the inspector ceases to hold office;
(c) the inspector's resignation under section 22G takes effect.

'(2) Subsection (1) does not limit the ways an appointed inspector may cease to hold office.

'(3) In this section--

condition of office means a condition on which the appointed inspector holds office.

'An appointed inspector may resign by signed notice given to the chief executive.

'A person who ceases to be an appointed inspector must return the person's identity card to the chief executive within 21 days after ceasing to be an inspector, unless the person has a reasonable excuse.

Maximum penalty--20 penalty units.



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