Victorian Current Acts

PLANT BIOSECURITY ACT 2010 - SECT 113

    (1)     For the purpose of exercising the powers of an inspector under this Act relating to exotic pests or diseases, an inspector, with or without assistants, may do any of the following—

        (a)     enter and search any place other than any building or structure occupied as a residence at any reasonable time if the inspector reasonably believes that entry to the place is necessary to monitor for exotic pests and diseases;

        (b)     with the consent of the occupier enter and search any building or structure occupied as a residence;

        (c)         break open and search any box, container, package or receptacle (including any place that could be used as a receptacle);

        (d)     inspect, count, examine, mark for identification, fumigate, treat, disinfect or take samples from any plant or plant product, used package, used equipment, earth material or any bees, honey, beeswax, honeycomb, beehives or pollen or any item or receptacle;

        (e)     inspect, examine, test, disinfect, fumigate or take samples from a place or vehicle.

    (2)     If the occupier of the premises or any other person is present when an inspector exercises a power of entry under this section, the inspector must before entering the premises—

        (a)     inform the occupier or any person at the premises that he or she is authorised to enter and inspect the premises; and

        (b)         give the occupier or any person at the premises an opportunity to allow entry to the premises.    

    (3)     If the occupier of the premises is not present when an inspector exercises a power of entry under this section, the inspector must, on leaving the premises, leave a notice setting out—

        (a)     the time of entry; and

        (b)     the purpose of entry; and

        (c)     a description of all things done while on the premises; and

        (d)     the time of departure; and

        (e)     the procedure for contacting the inspector for further details of the entry.

    (4)     In exercising any powers under this section, an inspector must—

        (a)         cause as little inconvenience as possible; and

        (b)     not remain on the premises any longer than is reasonably necessary.