Diseases of Animals (Amendment) Act, 2001
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Authorised officers. |
2.—(1) The following section is inserted after section 17 of the Principal Act: | |
“17A.—(1) In this section— | ||
‘authorised officer’ means— | ||
(a) an inspector of the Minister, | ||
(b) any other officer of the Minister who is authorised for the purposes of section 25(3), | ||
(c) an authorised officer authorised under section 10 of the Animal Remedies Act, 1993 , or | ||
(d) such persons or such class of persons appointed under subsection (2); | ||
‘product’ means a product derived from an animal or poultry. | ||
(2) The Minister may appoint such and so many persons or such class of persons as he or she thinks fit to be authorised officers for the purposes of some or all of the provisions of this section. | ||
(3) An appointment under subsection (2) may be expressed to authorise a person or a class of person to exercise some or all of the powers conferred on an authorised officer under this section in a particular part of the State. | ||
(4) An authorised officer who is not a member of the Garda Síochána or the Defence Forces or an officer of Customs and Excise shall be issued with a warrant of his or her appointment and, when exercising any power conferred on him or her as an authorised officer, shall, if requested by a person affected, produce the warrant, or if he or she has been issued with a warrant of appointment under this Act or section 10 of the Animal Remedies Act, 1993 , that warrant, to that person. | ||
(5) The Minister may at any time revoke an appointment as an authorised officer, whether or not the appointment was for a fixed period. | ||
(6) An appointment as an authorised officer shall cease— | ||
(a) where the Minister revokes it pursuant to subsection (5), | ||
(b) where it is for a fixed period, on the expiry of that period, or | ||
(c) where the person appointed is an officer of the Minister or an officer of Customs and Excise or a member of the Garda Síochána or Defence Forces, upon his or her ceasing to be such an officer or a member. | ||
(7) Nothing in subsection (6) shall be construed so as to prevent the Minister from re-appointing as an authorised officer a person to whom that subsection relates. | ||
(8) Where an authorised officer has reasonable cause to suspect that— | ||
(a) subject to subsection (9), an animal, poultry, a product, fodder or litter is or may be infected with a disease or has had contact with an animal, poultry, a product, fodder or litter that is infected or may be infected with a disease, | ||
(b) an animal, poultry, a product, fodder or litter has been moved other than in accordance with this Act or a requirement or direction of an authorised officer under subparagraph (ix) or (x), | ||
(c) an animal, poultry, a product, fodder or litter has come from or through a place where there is infection with a disease or where it may exist (either within or outside the State), | ||
(d) a person is refusing or has refused to comply with a requirement or direction of an authorised officer under subparagraph (ix) or (x), | ||
(e) any land or premises, vehicle, vessel, aircraft or container contains or has recently contained such an animal, poultry, a product, fodder or litter, | ||
(f) any offence is being or has been committed under this Act, or under regulations made under section 3 of the European Communities Act, 1972 , relating to animals, poultry, products, fodder or litter, | ||
such officer may— | ||
(i) enter and search any land or premises, | ||
(ii) stop any person, vehicle, vessel, aircraft or container, | ||
(iii) board and search any vehicle, vessel, aircraft or container, | ||
(iv) search the person, where the authorised officer considers it necessary, | ||
(v) examine such animal, poultry, product, fodder, litter, vehicle, vessel, aircraft or container, | ||
(vi) seize and detain (for so long as is necessary) any such animal, poultry, product, fodder, litter, vehicle, vessel, aircraft or container, | ||
(vii) require the production of any relevant document or thing relating to the animal, poultry, product, fodder, litter, vehicle, vessel, aircraft or container, | ||
(viii) retain any such document or thing (for so long as is necessary), | ||
(ix) dispose of, or require the owner or person in charge of or in possession of, the animal, poultry, product, fodder or litter to dispose of it in such manner (including slaughter) as the authorised officer sees fit, | ||
(x) give such directions to, or request such information of, such person regarding the animal, poultry, product, fodder, litter, vessel, vehicle, aircraft or container as he or she considers necessary, | ||
(xi) require the name and address of the person and the name and address of any other relevant person including the person to whom the animal, poultry, product, fodder or litter is being delivered or who is causing it to be delivered, | ||
(xii) require of the person the ownership, identity and origin of the animal or poultry, product, fodder or litter, | ||
(xiii) mark or otherwise identify such animal, poultry, product, fodder or litter. | ||
(9) The power conferred on an authorised officer under subsection (8)(a) may be exercised only by an inspector of the Minister. | ||
(10) An authorised officer shall not enter, other than with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under this section. | ||
(11) An authorised officer may use reasonable force, if necessary, in the exercise of his or her powers under this section. | ||
(12) An authorised officer when exercising any powers under this section may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of those powers. | ||
(13) An authorised officer shall not be liable in any proceedings for anything done in the purported exercise of his or her powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. | ||
(14) A person who— | ||
(a) intentionally obstructs an authorised officer in the exercise of any of his or her powers under this section, | ||
(b) fails, without reasonable excuse, to comply with a requirement or direction made by an authorised officer in the performance of those powers, or | ||
(c) in purporting to give information required by an authorised officer for the performance of those powers— | ||
(i) makes a statement which he or she knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or | ||
(ii) intentionally fails to disclose any material particular, | ||
is guilty of an offence. | ||
(15) A person guilty of an offence under subsection (14) shall be liable— | ||
(a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 6 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding £100,000 or imprisonment for a term not exceeding 5 years or both. | ||
(16) Where a member of the Garda Síochána has reasonable cause to suspect that a person has committed an offence under this Act, the member may without warrant arrest the person. | ||
(17) If a judge of the District Court is satisfied by information on oath or affirmation of an authorised officer that there are reasonable grounds for suspecting— | ||
(a) that there is on any land or in any premises, vehicle, vessel, aircraft or container an animal, poultry, a product, fodder or litter which is infected or may be infected with a disease or is at risk of being so infected, | ||
(b) that any animal, poultry, product or any fodder or litter has come from or through a place where infection is or may exist, or | ||
(c) there is evidence of an offence under this Act or regulations made under section 3 of the European Communities Act, 1972 , relating to animals, poultry, products, fodder or litter, therein or thereon, | ||
the judge may issue a search warrant. | ||
(18) A search warrant issued under this section shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers, members of the Garda Síochána and officers of Customs and Excise as the named officer thinks necessary, at any time or times, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by force) the land, premises or vehicle, vessel, aircraft or container named in the warrant. | ||
(19) Where any premises, land or vehicle, vessel, aircraft or container is entered pursuant to a warrant issued under this section, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under this section.”. | ||
(2) (a) Subject to paragraph (b), section 17A (inserted by subsection (1)) of the Principal Act shall remain in force until the expiration of the period of 12 months from the date of the passing of this Act and shall then expire. | ||
(b) The said section 17A may be continued in force from time to time by a resolution of each House of the Oireachtas, passed before its expiry, for such further period as is expressed in the resolution. |