Victorian Numbered Acts

PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2009 (NO. 35 OF 2009) - SECT 14

For section 83K of the Catchment and Land Protection Act 1994 substitute —

        " 83K     Samples

    (1)     If an authorised officer or member of the police force proposes to take a sample, he or she must—

        (a)     advise the owner, if possible before taking the sample, that it is taken for the purpose of analysis; and

        (b)     advise the owner that he or she may nominate a person to analyse part of the sample; and

        (c)     forward a part of the sample that is sufficient for analysis—

              (i)     to any person nominated by the owner; and

              (ii)     to a qualified person nominated by the officer or member; and

        (d)     keep part of the sample untouched for future comparison; and

        (e)     unless the sample is a noxious weed, return the remainder of the sample to the person from whom it was taken within 28 days if the sample is not required for the purposes of a proceeding under this Act or the regulations.

    (2)     In this section "qualified person" has the same meaning as in section 88A(6) of the Conservation, Forests and Lands Act 1987 .".