Queensland Numbered Acts

RACING INTEGRITY ACT 2016 - SECT 175

175 General powers

(1) The authorised officer may do any of the following (each a
"general power" )—

(a) search any part of the place;

(b) open, using reasonable force, a bag, cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;

(c) muster, yard, detain, clip or otherwise deal with an animal at the place;

(d) take reasonable measures to relieve the pain of an animal at the place;

Example of measures—

feeding, untethering or watering an animal

(e) inspect, examine or film any part of the place or anything at the place;

(f) subject to subsection (5), take for examination a thing, or a sample of or from a thing, at the place;

(g) place an identifying mark in or on anything at the place;

(h) take an extract from, or copy, a document at the place, or take the document to another place to copy;

(i) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;

(j) take to, into or onto the place and use any person, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;

(k) remain at the place for the time necessary to achieve the purpose of the entry.

(2) The authorised officer may take a necessary step to allow the exercise of a general power.

Example of a step—

moving a licensed animal at the place to allow a sample to be taken from the animal�

(3) If the authorised officer takes a document from the place to copy it, the authorised officer must copy the document and return it to the place as soon as practicable.

(4) If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.

(5) If the authorised officer does not believe that he or she is appropriately qualified to take a thing or sample under subsection (1)(f), the authorised officer must arrange for an appropriately qualified person (a
"qualified person" ) to take the sample or thing for the authorised officer.

(6) If the authorised officer or qualified person takes for examination a thing, or a sample of or from a thing, under subsection (1)(f), the authorised officer must—

(a) give a receipt for the thing or sample to the person in charge of the animal or place from which it was taken; and

(b) for a thing or sample with an intrinsic value—at the end of 6 months after the thing or sample was taken, return it to the person who appears to be the owner of it or the person in charge of the animal or place from which it was taken.

Note—

See division 3 for what happens if the sample or thing can not be returned to its owner.

(7) However, if for any reason it is not practicable to comply with subsection (6)(a), the authorised officer must leave the receipt at the place in a conspicuous position and in a reasonably secure way.

(8) The receipt mentioned in subsection (6)(a) must be in the approved form.

(9) In this section—

"examine" includes analyse, test, account, measure, weigh, grade, gauge and identify.

"film" includes photograph, videotape and record an image in another way.

"inspect" , a thing, includes open the thing and examine its contents.