MARKETING OF POTATOES ACT 1946 - SECT 22A

MARKETING OF POTATOES ACT 1946 - SECT 22A

22A . Vehicles carrying potatoes, power to stop and search etc.

(1) Where an inspector has reasonable grounds for suspecting that there is on a vehicle a quantity of potatoes exceeding 50 kg in weight, he may —





(a) direct the driver, or the person apparently in charge, of the vehicle to permit the inspector to search the vehicle and anything thereon; and





(b) if the vehicle is in motion, direct the driver to stop the vehicle so that the inspector may exercise in relation thereto the powers referred to in paragraph (a),





and if upon his inspection of the vehicle the inspector is satisfied that there is on the vehicle a quantity of potatoes exceeding 50 kg in weight he may —





(c) require the person apparently in charge of the vehicle —





(i) to give to the inspector his name and address; and





(ii) to supply to the inspector such information relating to the potatoes and the journey and destination or the intended journey and destination of the vehicle as the inspector requires; and





(iii) to produce to the inspector any sales docket, delivery note, consignment advice or other document relating to the potatoes;





and





(d) upon his giving to the person apparently in charge of the vehicle a written receipt clearly identifying the document impounded, impound any sales docket, delivery note, consignment advice or other document relating to the potatoes that is produced to him or that he finds on the vehicle; and





(e) upon giving a written receipt, impound any packaging that he has reasonable cause to believe may be or have been used for potatoes, and any quantity of potatoes, found on the vehicle and which, in the opinion of the inspector, is likely to be evidence relevant to the investigation of a suspected offence under this Act,





and shall cause any such document, packaging or potatoes impounded to be taken before a justice, thereupon to be dealt with in the manner provided in section 22(10).





(2) The powers conferred by subsection (1) are exercisable only by an inspector who is wearing, or who bears and displays, identification as an inspector in the manner prescribed or otherwise clearly indicates that he is an inspector to the person in relation to whom he proposes to exercise any of those powers.





[(3) deleted]





(4) The provisions of this section are in addition to, and not in derogation of, any other provisions of this Act or of the regulations relating to the authority of, or obstruction of, inspectors.





[Section 22A inserted: No. 55 of 1966 s. 4; amended: No. 94 of 1972 s. 4 (as amended: No. 19 of 1973 s. 4); No. 96 of 1985 s. 22; No. 20 of 1989 s. 3; No. 11 of 1995 s. 28.]



