Animal Care and Protection Act 2001
sec.108Power of entry
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sec.108 Power of entry
An authorised officer may enter and stay at a place, other than a vehicle, if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or an authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; or its occupier has been given an animal welfare direction and the entry is made at a time or interval stated in the direction to check compliance with the direction. For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. A notice under subsection (1) (c) must state— the purpose of the entry; and that an authorised officer is permitted under this Act to enter the place without the person’s consent. In this section— place does not include a part of the place where a person resides. (sec.108-ssec.1) An authorised officer may enter and stay at a place, other than a vehicle, if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or an authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; or its occupier has been given an animal welfare direction and the entry is made at a time or interval stated in the direction to check compliance with the direction. (sec.108-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (sec.108-ssec.3) A notice under subsection (1) (c) must state— the purpose of the entry; and that an authorised officer is permitted under this Act to enter the place without the person’s consent. (sec.108-ssec.4) In this section— place does not include a part of the place where a person resides.
- (a) its occupier consents to the entry; or
- (b) it is a public place and the entry is made when it is open to the public; or
- (c) an authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; or
- (d) its occupier has been given an animal welfare direction and the entry is made at a time or interval stated in the direction to check compliance with the direction.
- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or