Subdiv 2Powers of authorised officers

Subdivision 2—Powers of authorised officers 37—General powers (1) An authorised officer may— (a) enter and search and, if necessary, use reasonable force to break into or open— (i) premises or a vehicle to which this section applies; or (ii) part of, or anything in or on, premises or a vehicle to which this section applies; and (b) give directions with respect to the stopping or movement of a vehicle to which this section applies; and (c) require a person to produce a document, including a written record that reproduces in an understandable form information stored by computer or other process; and (d) examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and (e) take photographs, films or audio, video or other recordings; and (f) seize and retain any animal or other thing that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and (g) identify, by marking, tagging or otherwise, an animal or other thing in respect of which powers have been exercised under this Act; and (h) require a person who the authorised officer reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and (i) if the authorised officer requires information about the ownership of any vehicle for purposes related to the administration or enforcement of this Act— (i) request the provision of such information from the Registrar of Motor Vehicles (who is, by force of this section, authorised to provide such information); or (ii) require a person who the authorised officer reasonably suspects has knowledge of those matters to answer questions in relation to those matters; and (j) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act— (i) to answer questions in relation to those matters; or (ii) to attend at a specified place at a specified time and answer questions in relation to those matters; and (k) require a person holding or required to hold a licence, permit or approval under this Act to produce it for inspection; and (l) give a direction required in connection with the exercise of a power conferred by this Act or otherwise in connection with the administration or enforcement of this Act. (2) An authorised officer— (a) may only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of— (i) this Act; or (ii) in accordance with any arrangements entered into or determined under section 60—another Act or law of this State, or of another State or a Territory, relating to animal welfare or the care or management of animals; and (b) may only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by the Magistrates Court or in circumstances in which the authorised officer reasonably believes that urgent action is required in order to prevent or mitigate serious harm occurring to an animal. (3) An authorised officer may be assisted in the exercise of powers under this Act by such persons as the authorised officer considers necessary in the circumstances. (4) An authorised officer may require an occupier of premises or a person apparently in charge of a vehicle, animal or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers under this Act. (5) This section applies to the following premises and vehicles: (a) premises or a vehicle in or on which an authorised officer reasonably suspects an offence against this Act has been, is being or is about to be, committed; (b) premises or a vehicle in or on which an authorised officer reasonably suspects there is an animal that is being, or has been, harmed unnecessarily or that will, if urgent action is not taken, be harmed unnecessarily; (c) premises or a vehicle subject to, or being used for the purposes of an activity that is the subject of, a licence, permit or approval under this Act; (d) premises or a vehicle in or on which an authorised officer reasonably suspects there is an animal in respect of which an animal welfare notice, notice to comply, enforceable undertaking or animal welfare order is in force; (e) premises or a vehicle that an authorised officer reasonably suspects is being used for, or in connection with, a business, or organised event or activity, involving animals; (f) premises or a vehicle in which an authorised officer reasonably suspects there may be records relating to a business or organised event or activity involving animals or an animal or other thing that has been used in, or may constitute evidence of, a contravention of this Act. 38—Provisions relating to seizure of things other than animals (1) This section applies to things seized other than animals. For animals, see Division 3. (2) If a thing has been seized under section 37(1)(f), the following provisions apply: (a) the thing must be held pending a decision on whether to institute proceedings for an offence related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings for an offence relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of an offence, the court may— (i) order that it be forfeited to the Crown; or (ii) where it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit; (c) if— (i) proceedings are not instituted for an offence relating to the thing within the prescribed period after its seizure; or (ii) proceedings have been so instituted and— (A) the defendant is found not guilty of the offence; or (B) the defendant is convicted or found guilty of an offence but no order for forfeiture is made under paragraph (b), then the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this or any other Act; (d) if— (i) possession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or (ii) a thing is not liable for forfeiture under a preceding paragraph and the Minister has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was seized, the Minister may deal with, destroy or dispose of the thing in such manner as the Minister thinks fit. prescribed period means— (a) if the thing was seized in relation to an expiable offence—the period of 2 years after the day on which the offence is alleged to have been committed; or (b) if the thing was seized in relation to any other offence—the period of 5 years after the day on which the offence is alleged to have been committed. 39—Routine inspections (1) Subject to this section, if, for the purposes of administering this Act, an authorised officer proposes to exercise powers under this Act to conduct a routine inspection of premises or a vehicle in circumstances where there is no suspicion of an offence, the authorised officer must— (a) give the occupier of the premises or the owner of the vehicle at least 24 hours notice of the proposed inspection; and (b) give the following persons (as required) a reasonable opportunity to accompany the authorised officer throughout the inspection: (i) the occupier of the premises or the owner of the vehicle; (ii) a nominee of the occupier of the premises or the owner of the vehicle; and (c) take such steps as are necessary in the circumstances to minimise any adverse effect of the inspection on the business or activities of the occupier of the premises or the owner of the vehicle. (2) No notice is required to be given of a routine inspection of premises or a vehicle in or on which an authorised officer reasonably suspects there is an animal in respect of which an animal welfare notice or animal welfare order is in force. (3) Noncompliance with this section does not affect the validity of the exercise of powers by the authorised officer under this Act. 40—Animal welfare notices (1) If an authorised officer believes on reasonable grounds that the exercise of powers under this section is warranted because the welfare of an animal is being adversely affected, the authorised officer may, by written notice (an animal welfare notice) given to the owner of the animal, do 1 or more of the following: (a) direct the owner to provide the animal with such food, water, shelter, rest or treatment as the authorised officer thinks necessary; (b) require the owner to ensure the animal is not worked or used for any purpose specified in the notice for such period as is specified in the notice; (c) require the owner to ensure the animal is exercised in accordance with the stipulations of the notice; (d) direct or require the owner to take any other action specified in the notice, within the time specified in the notice, that the authorised officer considers necessary for the improvement of the animal's welfare. (2) A person to whom an animal welfare notice has been given must not refuse or fail to comply with the direction or requirement set out in the notice. (3) A notice under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by an authorised officer and forfeited to the Minister in accordance with section 46. 41—Notice to comply (1) If an authorised officer believes on reasonable grounds that a person is contravening a requirement of this Act, the authorised officer may issue the person a notice (a notice to comply) directing the person to take, or cease, specified action within a specified period. (2) A person to whom a notice to comply has been given must not refuse or fail to comply with the direction set out in the notice. (3) A notice under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by an authorised officer and forfeited to the Minister in accordance with section 46. 42—Offence to hinder etc authorised officers (1) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or (b) falsely represents, by words or conduct, that they are an authorised officer, is guilty of an offence. (2) A person who— (a) refuses or fails to comply with a requirement or direction of an authorised officer under this Act; or (b) when required by an authorised officer under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief, is guilty of an offence.