Animal Care and Protection Act 2001
sec.126Application for warrant
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sec.126 Application for warrant
An inspector may apply to a magistrate or a justice of the peace (qualified) for a warrant for a place. However, an application can not be made to a justice who— if the inspector is employed by the department—is employed by the department; or if the inspector is not employed by the department—is employed by the same person as the inspector. The application must be sworn and state the grounds on which the warrant is sought. The magistrate or justice may refuse to consider the application until the inspector gives the magistrate or justice all the information the magistrate or justice requires about the application in the way the magistrate or justice requires. The magistrate or justice may require additional information supporting the application to be given by statutory declaration. (sec.126-ssec.1) An inspector may apply to a magistrate or a justice of the peace (qualified) for a warrant for a place. (sec.126-ssec.2) However, an application can not be made to a justice who— if the inspector is employed by the department—is employed by the department; or if the inspector is not employed by the department—is employed by the same person as the inspector. (sec.126-ssec.3) The application must be sworn and state the grounds on which the warrant is sought. (sec.126-ssec.4) The magistrate or justice may refuse to consider the application until the inspector gives the magistrate or justice all the information the magistrate or justice requires about the application in the way the magistrate or justice requires. The magistrate or justice may require additional information supporting the application to be given by statutory declaration.
- (a) if the inspector is employed by the department—is employed by the department; or
- (b) if the inspector is not employed by the department—is employed by the same person as the inspector.