(1) The Corporation
may appoint such inspectors and other officers and employees, subject to any
relevant instrument, as it requires to assist it —
the administration of this Act;
the collection, handling, examination, grading, treatment, storage,
distribution and sale of potatoes and other services incidental or auxiliary
to any of the foregoing matters.
subsection (1) —
relevant instrument means an applicable order,
award or industrial agreement under the Industrial Relations Act 1979 or
an employer-employee agreement under Part VID of that Act.
(2) With the consent
of the Minister concerned with the administration of the relevant department,
agency or instrumentality, the Corporation may, on any terms agreed between
itself and the Minister, make use —
the services of any officer or employee in the Public Service or in a State
agency or instrumentality or otherwise in the service of the Crown in right of
the State; or
any facilities of a department of the Public Service or of a State agency or
with the Public Sector Commissioner.
(3) The salaries,
wages, and other expenses payable to persons employed or otherwise engaged by
the Corporation shall be charged upon and be payable out of the moneys from
time to time in the hands of the Corporation for the purposes of this Act.
(4) Of the officers
appointed under this section one shall, subject to the approval of the
Minister, be appointed as chief executive officer of the Corporation
shall, subject to the control of the members of the Corporation, administer
the day to day operations of the Corporation; and
be a person who is a member of the Corporation.
(5) For the purposes
of this Act an inspector —
shall act in accordance with any direction which may be given by the chief
executive officer of the Corporation; and
be accompanied by a person acting under the supervision of the inspector to
assist in making any inspection or examination,
and any reference in
this Act to an inspector in the context of a right of entry or in relation to
a duty imposed or a power conferred is to be deemed to include a reference to
any such person accompanying an inspector and to the chief executive officer.
(6) In the exercise of
his functions an inspector may direct or require a person having the custody
or control of any land, premises or thing in respect to which the inspector is
authorised to exercise power to furnish reasonable access, facilities and
other assistance and relevant information, or to produce any potatoes in their
custody or control, for the purpose of the exercise of that power.
(7) A person who,
without lawful excuse —
delays, hinders or obstructs any inspector;
contravenes a direction given, or fails to comply with a requirement made, by
an inspector pursuant to this Act;
being the owner, occupant or person in charge of any premises or vehicle,
refuses to permit an inspector to exercise any function authorised under this
commits an offence.
(8) An inspector, or a
person acting under the direction or supervision of an inspector, is not
liable for any loss, damage or injury resulting from, or alleged to be
sustained by reason of, the performance of any duty imposed, or the exercise
of any power conferred, by or under this Act upon an inspector if the duty was
performed or the power exercised in good faith and in a reasonable manner.
(9) The chief
executive officer of the Corporation shall issue to each inspector appointed
under this Act a certificate evidencing that appointment, and in any
proceedings under this Act production of a certificate of appointment
purporting to be so issued is to be deemed to be prima facie evidence of the
matters appearing therein without further proof of those matters.
[Section 18 amended by No. 96 of 1985
s. 22; No. 32 of 1994 s. 3(2); No. 11 of 1995 s. 12
and 20; No. 20 of 2002 s. 21; No. 39 of 2010 s. 89; amended in
Gazette 15 Aug 2003 p. 3687.]