73Entering land

73 Entering land

(1)  An authorised person who has reason to believe that the owner or person in charge of a dog has committed an offence against this Act may –

(a) enter onto land owned or occupied by that owner or person, but not any dwelling on that land; and

(b) search for and seize any dog on that land.

(2)  An authorised person may apply to a magistrate for a warrant to enter any dwelling on that land to enforce any provision of this Act.

(3)  A magistrate, by warrant, may empower an authorised person and any other person named in the warrant to enter a dwelling by force if –

(a) the dwelling is not occupied; or

(b) entry into the dwelling has been refused or is likely to be refused.

(4)  A warrant continues in force until the purpose for which it was granted is satisfied.

(5)  [Section 73 Subsection (5) inserted by No. 72 of 2009, s. 24, Applied:01 Jul 2010] Division 4 of Part 3 applies in respect of a dog seized under this section as if it were a dog at large.

(6)  [Section 73 Subsection (6) inserted by No. 72 of 2009, s. 24, Applied:01 Jul 2010] If a dog is seized under this section, the relevant general manager must give the owner of the dog written notice stating –

(a) the offence against this Act that it is alleged has been committed; and

(b) any steps that the general manager requires to be undertaken before the dog is returned, to prevent the commission of the same or another offence against this Act; and

(c) that the dog may be disposed of or destroyed if not claimed within 5 days after the date of the notice.