16Power to enter, search and inspect premises

16 Power to enter, search and inspect premises

(1)  An officer may, without warrant, enter, search and inspect any premises, other than premises or a part of premises being used as a dwelling, if the officer reasonably believes that there is on the premises an animal in respect of which an offence under this Act has been, or is being, committed.

(1A)  [Section 16 Subsection (1A) inserted by No. 36 of 2022, s. 8, Applied:30 Nov 2022] Despite subsection (1) , an officer may, without warrant, enter, search and inspect any premises, including premises or a part of premises being used as a dwelling, if the officer reasonably believes that –

(a) an emergency exists that –

(i) causes, or threatens to cause, injury, illness or distress to an animal on the premises; or

(ii) places, or is likely to place, the premises at risk; and

(b) there is on the premises, or in the dwelling, an animal that is in need of assistance.

(2)  An officer, authorized by the Minister to do so, may, at any reasonable time enter, search and inspect any premises where animals are sold, presented for sale, assembled or kept for commercial purposes.

(2A)  [Section 16 Subsection (2A) inserted by No. 13 of 2002, s. 10, Applied:25 Jun 2002] [Section 16 Subsection (2A) substituted by No. 26 of 2008, s. 15, Applied:29 Jul 2008] An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes –

(a) is being, or has been, used in committing an offence against this Act; or

(b) is evidence that an offence is being, or has been, committed against this Act.

(3)  [Section 16 Subsection (3) amended by No. 13 of 2002, s. 10, Applied:25 Jun 2002] If a magistrate or justice is satisfied on application made on oath by an officer that–