83Power of entry

83 Power of entry (1) An authorised officer may enter premises: (a) with the consent of the occupier obtained under section 84; or (b) under a search warrant issued under section 85; or (c) without the occupier's consent or the authority of a warrant if justified under subsection (2). (2) The entry is justified without the consent or warrant if: (a) the entry is to the surrounding area or yard of any building, or any other place that does not constitute a building, and the officer is entering to determine whether an animal is suffering; or

Animal Protection Act 2018 49 (b) subject to subsection (2A), the authorised officer believes on reasonable grounds that the premises are being used for animal racing, or any training or other practice or purpose in relation to animal racing, and the entry is: (i) to ensure the provisions of this Act are not being contravened; and (ii) undertaken at a reasonable time; or (ba) subject to subsection (2A), the authorised officer believes on reasonable grounds that the premises are being used for, or in connection with, a business involving animals and the entry is: (i) to ensure the provisions of this Act are not being contravened; and (ii) undertaken at a reasonable time; or (c) the entry is to premises where a registered person is keeping or using animals for scientific purposes and the entry is undertaken at a reasonable time; or (d) an animal welfare direction has been issued to the occupier and the entry is made to check compliance with the direction; or (e) without limiting paragraphs (a) to (d), the officer believes on reasonable grounds that the circumstances are so serious and urgent as to require the immediate exercise of a power under this Division. Examples of animal racing for subsection (2)(b) 1 Greyhound racing. 2 Horse racing. Examples of businesses involving animals for subsection (2)(ba) 1 Boarding kennels for cats and dogs. 2 Sale-yards or holding yards for cattle. Examples for subsection (2)(e) 1 An authorised officer enters a locked motor vehicle to retrieve an animal that is suspected to be suffering from heat stress. 2 An authorised officer enters a burning building that is locked to retrieve an animal. (2A) An authorised officer entering premises under subsection (2)(b) or (ba) must not enter premises, or part of premises, that are residential premises.

Animal Protection Act 2018 50 (3) An authorised officer must give an occupier reasonable notice of the officer's intention to enter the premises to conduct an inspection unless: (a) the officer is acting under a search warrant; or (b) the officer is acting under subsection (2)(a), (c) or (e). (4) However, before acting under subsection (2)(a), the authorised officer must take reasonable steps to contact an occupier of the premises about the inspection. (5) Subsection (3) does not apply to the following: (a) a motor vehicle; (b) a trailer or caravan; (c) an aircraft; (d) a boat or other vessel; (e) a train or rolling stock on, or for use on, a railway. (6) The amount of any reasonable expenses incurred in gaining access to premises may be recovered by the Territory from the occupier of the premises as a debt owed to the Territory.