38Powers of inspectors

38 Powers of inspectors

(1)  *[Section 38 Subsection (1) amended by No. 94 of 1995, s. 7 ]*An inspector has the following powers:

(a) to enter, search and inspect, without warrant, any place or premises at which a licensed institution carries out animal research;

(b) to take samples or specimens kept by that institution in relation to research carried out on animals;

(c) to take photographs of that place or those premises and animals or equipment kept by that institution in relation to research carried out on animals;

(d) to inspect, take copies of or seize any records or documents kept by that institution in relation to research carried out on animals;

(e) to inspect, without warrant, the premises of any institution applying for a licence, including its animal holding facilities, equipment and instruments to determine the suitability of the premises for the purpose of the application;

(f) to enter and search, with a warrant, any premises in which the inspector reasonably believes animal research is being carried out in contravention of this Act;

(g) to require any person to give such assistance as may be required;

(h) to do anything necessary or convenient to perform his or her functions;

(i) to do anything an officer has power to do under this Act.

(2)  In entering, searching and inspecting premises, an inspector may –

(a) use such force as is reasonably necessary; and

(b) be accompanied by such assistants as the inspector considers necessary; and

(c) stop any vehicle or conveyance.

(3)  An assistant in the company of an inspector has the same powers under this section as the inspector.

(4)  If a magistrate is satisfied, on the application made on oath by an inspector, that animal research is being carried out on premises in contravention of this Act, the magistrate may grant a warrant authorizing the inspector named in the warrant to enter and search those premises.