Western Australian Numbered Acts

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BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007 (NO. 23 OF 2007) - SECT 66

66 .         Obtaining records

        (1)         In this section —

        “relevant record” means a record that —

            (a)         contains information about the storage, handling, transport, possession, supply, use or distribution of organisms, agricultural products, potential carriers, chemical products, animal feed or fertilisers; or

            (b)         is required to be kept under this Act; or

            (c)         contains information that is relevant to a contravention of this Act.

        (2)         For inspection purposes an inspector may do all or any of the following —

            (a)         direct a person who has the custody or control of a record to give the inspector the record or a copy of it;

            (b)         direct a person who has the custody or control of a record, computer or thing to make or print out a copy of the record or to operate the computer or thing;

            (c)         operate a computer or other thing on which a record is or may be stored;

            (d)         direct a person who is or appears to be in control of a record that the inspector suspects on reasonable grounds is a relevant record to give the inspector a translation, code, password or other information necessary to gain access to or interpret and understand the record;

            (e)         take extracts from or make copies of, or download or print out, or photograph or film, a record that the inspector suspects on reasonable grounds is a relevant record;

            (f)         seize and retain, for so long as is necessary for the purposes of this Act, a computer or other thing on which a record is or may be stored;

            (g)         seize a record that the inspector suspects on reasonable grounds is a relevant record and retain it for as long as is necessary for the purposes of this Act;

            (h)         take reasonable measures to secure or protect a record, or computer or other thing on which a record is or may be stored, against damage or unauthorised removal or interference.

        (3)         If an inspector seizes or is given a record, the inspector must if practicable allow a person who otherwise has custody or control of it to have reasonable access to it.



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