74Entry, search and other powers of authorised officers for some purposes

74 Entry, search and other powers of authorised officers for some purposes S. 74(1) amended by Nos 103/2003 s. 13(1)(a), 69/2017 s. 46(2)(a). (1) A Departmental authorised officer may take any reasonable action which is necessary to find out whether the provisions of— S. 74(1)(c) substituted by No. 103/2003 s. 13(1)(b), amended by No. 65/2007 s. 44(Sch. 1 item 21(a)). (c) an animal registry licence or the conditions of such a licence; or S. 74(1)(ca) inserted by No. 75/2011 s. 9(1), amended by Nos 17/2016 s. 17(Sch. 1 item 14(a)), 69/2017 s. 46(2)(b). (ca) a notice to comply issued under this Act that relates to an offence under this Act other than an offence under section 63AE— S. 74(1)(d) amended by No. 17/2016 s. 17(Sch. 1 item 14(b)), repealed by No. 69/2017 s. 46(2)(c). are being complied with. S. 74(1A) inserted by No. 103/2003 s. 13(2), amended by Nos 65/2007 s. 44(Sch. 1 item 21(b)), 17/2016 s. 17(Sch. 1 item 14(d)), 69/2017 s. 46(3)(a). (1A) A restricted authorised officer may take any reasonable action that is necessary to find out whether the provisions of— S. 74(1A)(c) amended by No. 17/2016 s. 17(Sch. 1 item 14(c)), repealed by No. 69/2017 s. 46(3)(b). S. 74(1A)(ca) inserted by No. 75/2011 s. 9(2). (ca) a notice to comply issued under this Act; or S. 74(1A)(d) amended by No. 65/2007 s. 44(Sch. 1 item 21(a)). (d) an animal registry licence— that relate to the conduct of domestic animal businesses, animal registry services or the keeping of GRV greyhounds are being complied with. S. 74(1B) inserted by No. 103/2003 s. 13(2), amended by No. 69/2017 s. 46(4)(a). (1B) A Council authorised officer may take any reasonable action that is necessary to find out whether the provisions of— (c) any local law made under this Act by a Council; or S. 74(1B)(ca) inserted by No. 75/2011 s. 9(3), amended by No. 69/2017 s. 46(4)(b). (ca) a notice to comply issued under this Act— S. 74(1B)(d) amended by No. 17/2016 s. 17(Sch. 1 item 14(e)) repealed by No. 69/2017 s. 46(4)(c). that do not relate to— S. 74(1B)(e) amended by No. 65/2007 s. 44(Sch. 1 item 21(c)(i)). (e) the conduct of animal registry services; or S. 74(1B)(f) amended by No. 65/2007 s. 44(Sch. 1 item 21(c)(ii)). (f) implanters of permanent identification devices in animals of prescribed classes of animal— are being complied with. S. 74(1C) inserted by No. 44/2010 s. 18, amended by No. 69/2017 s. 46(5)(a). (1C) For the avoidance of doubt, a Council authorised officer may scan an animal of a prescribed class of animal to find out whether the following are being complied with— (a) this Act; (b) the regulations; (c) any local law made under this Act by a Council; S. 74(1C)(ca) inserted by No. 75/2011 s. 9(4), amended by No. 69/2017 s. 46(5)(b). (ca) a notice to comply issued under this Act. S. 74(1C)(d) amended by No. 17/2016 s. 17(Sch 1 item 14(f)), repealed by No. 69/2017 s. 46(5)(c). S. 74(1D) inserted by No. 42/2021 s. 58(1). (1D) A Great Ocean Road Coast and Parks Authority authorised officer may take any reasonable action that is necessary to find out, in relation to an order under section 26 or 26A, whether the provisions of the following are being complied with— (a) this Act; (b) the regulations; (c) a notice to comply issued under this Act. S. 74(2) amended by No. 103/2003 s. 13(3). (2) An authorised officer who is exercising a power under subsection (1), (1A) or (1B) may— S. 74(2)(a) amended by Nos 83/2001 s. 28(a), 69/2017 s. 46(6)(a), 42/2025 s. 45. (a) at any reasonable time and by any reasonable means and with any assistance which the authorised officer requires enter any premises or part of premises or any vehicle, other than any vehicle or building occupied as a residence; or S. 74(2)(b) substituted by No. 83/2001 s. 28(b), amended by No. 69/2017 s. 46(6)(b). (b) search the whole or any part of any premises or any vehicle entered under paragraph (a); or (c) inspect animals, enclosures or other goods; or (d) ask questions; or (e) seize, examine or take copies of, or extracts from documents; or S. 74(2)(f) amended by Nos 65/2007 s. 28(1), 8/2014 s. 13(1). (f) seize and remove any animal in accordance with Division 2 of Part 7A; or S. 74(2)(g) inserted by No. 8/2014 s. 13(2), amended by No. 69/2017 s. 46(6)(c). (g) in the case of a Council authorised officer, take samples in accordance with section 74B. Note to s. 74(2) inserted by No. 3/2022 s. 30. The search and entry power in section 74(2) may be used by a Departmental authorised officer for the purposes of section 58AD(1)(b) or 58AF(1). S. 74(2A) inserted by No. 42/2021 s. 58(2). (2A) A Great Ocean Road Coast and Parks Authority authorised officer who is exercising a power under subsection (1D) may exercise the powers set out in subsection (2)(c) to (f). S. 74(3) amended by Nos 103/2003 s. 13(4), 42/2021 s. 58(3). (3) An authorised officer who is exercising a power under subsection (1), (1A), (1B) or (1D) may request a person to give his or her name and place of residence if the authorised officer believes, on reasonable grounds, that an offence— (a) under this Act; or (c) any local law made under this Act by the Council— has been or is about to be committed. S. 74(4) repealed by No. 87/2000 s. 29, new s. 74(4) inserted by No. 69/2017 s. 46(7). (4) The powers of an authorised officer under the other provisions of this Act are in addition to the powers of an authorised officer under this section. S. 74AA inserted by No. 3/2022 s. 31. 74AA Production of documents and records (1) An authorised officer may on reasonable notice— (a) require a person to produce a document or record, which the authorised officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act or the regulations are being complied with; and (b) examine the document or record; and (c) make copies of the document or record or take extracts from it; and (d) remove the document or record for as long as is reasonably necessary to make copies or take extracts from it. (2) It is a reasonable excuse for a natural person to refuse or fail to produce a document or record under subsection (1) if producing the document would tend to incriminate that person or make that person liable to a penalty. S. 74A (Heading) substituted by No. 69/2017 s. 47(1). S. 74A inserted by No. 103/2003 s. 14, amended by Nos 65/2007 s. 28(2), 44/2010 s. 19, 44/2017 s. 12, 69/2017 ss 47(2), 103(1), 105, 3/2022 s. 39(4), 42/2021 s. 59. 74A Council contracted authorised officers may request name and address, ask questions A Council contracted authorised officer may, if he or she believes, on reasonable grounds, that an offence under section 10, 12A(1), 12B, 12C, 13, 20, 21, 22, 23, 24, 25, 26, 26A, 27, 29(5), 29(7), 32, 38, 39, 41E, 41G, 41H or 41I has been committed— (a) request a person to give his or her name and place of residence; or (b) ask questions. New Pt 7 Div. 3 (Heading and ss 74AB–74AJ) inserted by No. 69/2017 s. 48. Division 3—Enforcement powers—domestic animal businesses and the keeping of GRV greyhounds S. 74AB inserted by No. 69/2017 s. 48. 74AB Definition S. 74AB def. of *relevant provision* amended by No. 69/2017 s. 103(2).[[1]](#endnote-1) ***relevant provision*** means any of the following— (a) section 12A(1), 12B, 12C, 13(1) or 13(2); (b) a provision of Part 4 or 4AA; (c) a regulation that relates to a provision referred to in paragraph (a) or (b). S. 74AC inserted by No. 69/2017 s. 48. 74AC Entry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds (1) For the purpose of monitoring compliance with a relevant provision, a restricted authorised officer, a Council authorised officer or a Departmental authorised officer may enter and search any premises or vehicle in which the authorised officer reasonably suspects that a domestic animal business is being conducted or that a GRV greyhound is being kept. Note to s. 74AC(1) inserted by No. 3/2022 s. 32. The search and entry power in section 74AC(1) may be used by a Departmental authorised officer for the purposes of section 58AD(1)(b) or 58AF(1). (2) An authorised officer may enter and search any premises or vehicle under subsection (1)— (a) by any reasonable means; and (b) with any reasonable assistance that the authorised officer requires. (3) An authorised officer who enters and searches any premises or vehicle under subsection (1) may do all or any of the following— (a) inspect any animal, enclosure or thing in the premises or vehicle; (b) in the case of any document in the premises or vehicle, do all or any of the following— (i) require the document to be produced for examination; (ii) examine, make copies of or take extracts from the document, or arrange for the making of copies or the taking of extracts; (iii) remove the document for so long as is reasonably necessary to make copies of or take extracts from the document; (c) bring any equipment into the premises or vehicle, if the authorised officer reasonably believes that the equipment is necessary for the examination or processing of any thing (including any document) in the premises or vehicle in order to determine whether the thing may be seized under paragraph (d); (d) seize any document or other thing, other than an animal, in the premises or vehicle, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision; (e) secure any animal or thing in the premises or vehicle against interference, if the authorised officer reasonably believes that the animal or thing is connected with a contravention of a relevant provision; (f) make any still or moving image or audio-visual recording of any document, animal or other thing in the premises or vehicle, if the authorised officer reasonably believes that it is connected with a contravention of a relevant provision; (g) take and keep a sample of any thing in the premises or vehicle, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision; (h) ask questions of a person present in the premises or vehicle if the authorised officer reasonably believes that the person may be connected with a contravention of a relevant provision. (4) A power under this section must not be exercised in any part of a premises that is residential. (5) If an authorised officer exercises a power of entry to any premises or vehicle under this section without the owner or occupier being present the authorised officer must, on leaving the premises or vehicle, leave a notice setting out— (a) the time of entry; and (b) the purpose of entry; and (c) a description of things done while in the premises or vehicle; and (d) the time of departure; and (e) the procedure for contacting the authorised officer for further details of the entry. S. 74AD inserted by No. 69/2017 s. 48. 74AD Application for search warrant under section 74AE (1) A restricted authorised officer, a Council authorised officer or a Departmental authorised officer may apply to a magistrate for the issue of a search warrant in relation to any premises or vehicle if the authorised officer reasonably believes that there is in the premises or vehicle any thing, or kind of thing, that is relevant to determining if an offence against a relevant provision has been committed. (2) An application under subsection (1) must not be made without the written approval of the Secretary. (3) In this section and section 74AE a reference to ***premises*** includes the whole or any part of a premises that is residential. S. 74AE inserted by No. 69/2017 s. 48. 74AE Search warrant (1) If a magistrate is satisfied by the evidence, on oath or by affidavit, that there is in the premises or vehicle specified in an application under section 74AD any thing, or kind of thing, that is relevant to determining if an offence against a relevant provision has been committed, the magistrate may issue the search warrant applied for in accordance with the **Magistrates' Court Act 1989**. (2) A search warrant issued under subsection (1) may authorise a person authorised in the warrant to execute the warrant to do all or any of the following— (a) enter the premises or vehicle specified in the warrant; (b) search for any thing, or kind of thing, named or described in the warrant; (c) seize any document or other thing, other than an animal, that is or is of a kind named or described in the warrant which the authorised officer reasonably believes to be connected with a contravention of a relevant provision; (d) do all or any of the following in relation to any thing that is or is of a kind named or described in the warrant and which the authorised officer reasonably believes to be connected with a contravention of a relevant provision— (i) secure the thing against interference; (ii) examine, inspect and take and keep samples of or from the thing; (e) as to any document, or document of a kind, named or described in the warrant, do all or any of the following— (i) require the document to be produced for inspection and examination; (ii) examine the document; (iii) if the authorised officer reasonably believes the document is connected with a contravention of a relevant provision, make copies of or take extracts from the document, or arrange for the making of copies of or the taking of extracts from the document and remove the document for so long as is reasonably necessary to make copies of or take extracts from the document; (f) make any still or moving image or audio-visual recording of any thing that is or is of a kind named or described in the warrant, if the authorised officer believes on reasonable grounds that it is connected with a contravention of a relevant provision; (g) take and keep a sample of any thing that is or is of a kind named or described in the warrant, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision. (3) A search warrant issued under subsection (1)— (a) may authorise an authorised officer to execute the warrant; and (b) may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant. S. 74AF inserted by No. 69/2017 s. 48. 74AF Seizure and samples of things not mentioned in the warrant (1) A search warrant under this Division authorises the person executing the warrant, in addition to seizing any thing or kind of thing named or described in the warrant, to seize any document or other thing (that is not an animal) if the person reasonably believes— (a) that the thing is of a kind that could have been included in the search warrant and that is connected with a contravention of a relevant provision; and (b) that it is necessary to seize the thing in order to prevent its concealment, loss or destruction or its use in the contravention of the relevant provision. (2) A search warrant under this Division authorises the person executing the warrant, in addition to seizing any thing or kind of thing named or described in the warrant, to take a sample of or from any thing, if the person reasonably believes, that— (a) the thing is of a kind that could have been included in the search warrant; and (b) the sample is of or from a thing that is connected with a contravention of a relevant provision. S. 74AG inserted by No. 69/2017 s. 48. 74AG Requirements for search warrants A search warrant under this Division must state— (a) the purpose for which the warrant is required and the nature of any alleged contravention; and (b) any conditions to which the warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. S. 74AH inserted by No. 69/2017 s. 48. 74AH Application of Magistrates' Court Act 1989 (1) Despite section 78 of the **Magistrates' Court Act 1989**, a search warrant under this Division must not authorise an authorised officer to arrest a person. (2) Except as provided by this Division, the rules to be observed with respect to search warrants under the **Magistrates' Court Act 1989** extend and apply to warrants under this Division. S. 74AI inserted by No. 69/2017 s. 48. 74AI Announcement before entry (1) On executing a search warrant under this Division the authorised officer executing the warrant— (a) must announce that the authorised officer is authorised by the warrant to enter the premises or vehicle; and (b) if the authorised officer has been unable to obtain unforced entry, must give any person at the premises or vehicle an opportunity to allow entry to the premises. (2) An authorised officer need not comply with subsection (1) if the authorised officer believes on reasonable grounds that immediate entry to the premises or vehicle is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. S. 74AJ inserted by No. 69/2017 s. 48. 74AJ Details of warrant to be given to occupier (1) If the occupier is present at the premises when a search warrant under this Division is being executed, the authorised officer must— (a) show the authorised officer's identification to the occupier; and (b) give a copy of the warrant to the occupier. (2) If the occupier is not present at the premises when a search warrant under this Division is being executed, the authorised officer must, if there is a person present at the premises— (a) show the authorised officer's identification to the person; and (b) give the person a copy of the warrant. (3) If a person is present at a vehicle when a search warrant under this Division is being executed, the authorised officer must— (a) show the authorised officer's identification to the person; and (b) give a copy of the warrant to the person. (4) If a person is not present at a vehicle when a search warrant under this Division is being executed, the authorised officer must— (a) leave information as to a means of contacting the authorised officer on the vehicle; and (b) leave a copy of the warrant on the vehicle. New Pt 7 Div. 4 (Heading) inserted by No. 69/2017 s. 49. Division 4—Miscellaneous enforcement powers S. 74B inserted by No. 8/2014 s. 14.