On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/04/2003.
25.
—(1) In discharging his functions and duties under this Act and the rules, the Director-General or an authorised officer may —
(a)
at all reasonable times without warrant enter, search and inspect any premises, or stop, enter, search and inspect any conveyance, in which the Director-General or authorised officer believes on reasonable grounds there is any item to which this Act applies;
(b)
inspect any item to which this Act applies that is found in any premises or conveyance entered into under paragraph (a);
(c)
take, without payment, for the purpose of examination reasonable samples of any meat product or fish product that is found in any premises or conveyance entered into under paragraph (a); or
(d)
seize and detain any item to which this Act applies that is found in any premises or conveyance entered into under paragraph (a) and that the Director-General or authorised officer believes on reasonable grounds is not in compliance with this Act or the rules or is otherwise connected with the commission of an offence under this Act or the rules.
[16/2000]
(2) For the purpose of subsection (1)(a), the Director-General or an authorised officer may —
(a)
require the owner or occupier of any premises or conveyance being inspected to provide all reasonable assistance to the Director-General or authorised officer for the purpose of the inspection; and
(b)
if the circumstances so warrant, with such assistance as he thinks necessary, break open any door, window, lock, fastener, hold, compartment, box, container, receptacle or any other thing.
[16/2000]
(3) Where the Director-General or an authorised officer seizes any item under subsection (1)(d), the Director-General or authorised officer shall forthwith give notice in writing of the seizure to the owner of the item seized or to the agent of such owner, if the name and address of such owner or agent thereof are known.
[16/2000]
(4) Any person aggrieved by the seizure of any item under subsection (1)(d) may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court.
(5) Upon hearing such complaint, the Magistrate’s Court may —
(a)
confirm the seizure wholly or in part;
(b)
disallow the seizure wholly or in part;
(c)
order that any item seized be restored to its owner, subject to any condition which the Court may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or
(d)
order payment to be made to the owner of the item seized of such amount as the Court considers will compensate him for any loss or depreciation resulting from the seizure.
[16/2000]
(6) Any item seized under subsection (1)(d) may be kept or stored in the premises or conveyance where it was seized or may, at the direction of the Director-General or an authorised officer, be removed to any other place to be kept or stored thereat.
[16/2000]
(7) The Director-General or an authorised officer may mark, seal or label any item being detained under subsection (1)(d) in such manner as he thinks fit for the purpose of indicating that the item is under detention and may lock or seal the premises or conveyance in which the item is being detained.
[16/2000]
(8) Any person who fails to comply with any requirement made by the Director-General or an authorised officer under subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[16/2000]
(9) Any person who, without the authority of the Director-General or an authorised officer —
(a)
interferes, tampers with, removes, distributes, sells, or otherwise disposes of any item seized or detained under subsection (1)(d) or alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Director-General or an authorised officer on such item under subsection (7); or
(b)
opens, breaks or otherwise tampers with the lock or seal placed by the Director-General or an authorised officer on any premises or conveyance or part thereof under subsection (7),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[16/2000]