sec.146Power in relation to offences involving animals

### sec.146 Power in relation to offences involving animals This section applies if— a police officer reasonably suspects— an offence involving an animal has been, is being or is about to be committed at or involving a place; or an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or the occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and— the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and a police officer proposes to enter the place at the stated time or interval to check compliance with the direction. The police officer may enter the place and do any of the following— search for and inspect— any animal; or any brand, mark, branding instrument, pliers or other device used to identify an animal; open anything in the relevant place that is locked; seize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal; seize an animal at the place if— the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or A prohibited event under the Animal Care and Protection Act is being conducted at the place. The animal is being beaten or tortured. the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal; muster, yard, detain, clip or otherwise deal with the animal; take reasonable measures to relieve the pain of an animal at the place. feeding, untethering or watering the animal Also, the police officer may, for exercising powers under subsection (2) , stop— travelling livestock; and a vehicle apparently being used to transport animals; and a vehicle apparently being used by someone accompanying the animals. In this section— animal includes livestock. s 146 amd 2001 No. 64 s 227 ; 2002 No. 49 s 37 sch (sec.146-ssec.1) This section applies if— a police officer reasonably suspects— an offence involving an animal has been, is being or is about to be committed at or involving a place; or an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or the occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and— the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and a police officer proposes to enter the place at the stated time or interval to check compliance with the direction. (sec.146-ssec.2) The police officer may enter the place and do any of the following— search for and inspect— any animal; or any brand, mark, branding instrument, pliers or other device used to identify an animal; open anything in the relevant place that is locked; seize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal; seize an animal at the place if— the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or A prohibited event under the Animal Care and Protection Act is being conducted at the place. The animal is being beaten or tortured. the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal; muster, yard, detain, clip or otherwise deal with the animal; take reasonable measures to relieve the pain of an animal at the place. feeding, untethering or watering the animal (sec.146-ssec.3) Also, the police officer may, for exercising powers under subsection (2) , stop— travelling livestock; and a vehicle apparently being used to transport animals; and a vehicle apparently being used by someone accompanying the animals. (sec.146-ssec.4) In this section— animal includes livestock. - (a) a police officer reasonably suspects— (i) an offence involving an animal has been, is being or is about to be committed at or involving a place; or (ii) an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or (iii) there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or - (i) an offence involving an animal has been, is being or is about to be committed at or involving a place; or - (ii) an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or - (iii) there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or - (b) the occupier of a place has been given an animal welfare direction under this Act or the Animal Care and Protection Act and— (i) the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and (ii) a police officer proposes to enter the place at the stated time or interval to check compliance with the direction. - (i) the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and - (ii) a police officer proposes to enter the place at the stated time or interval to check compliance with the direction. - (i) an offence involving an animal has been, is being or is about to be committed at or involving a place; or - (ii) an animal at a place has just sustained a severe injury and the injury is likely to remain untreated, or untreated for an unreasonable period; or - (iii) there is an imminent risk of death or injury to an animal at a place because of an accident or an animal welfare offence; or - (i) the direction states a time or interval for a police officer to enter the place to check compliance with the direction; and - (ii) a police officer proposes to enter the place at the stated time or interval to check compliance with the direction. - (a) search for and inspect— (i) any animal; or (ii) any brand, mark, branding instrument, pliers or other device used to identify an animal; - (i) any animal; or - (ii) any brand, mark, branding instrument, pliers or other device used to identify an animal; - (b) open anything in the relevant place that is locked; - (c) seize anything the officer reasonably suspects is evidence of the commission of an offence involving an animal; - (d) seize an animal at the place if— (i) the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or Examples of imminent risk of death or injury— 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. 2 The animal is being beaten or tortured. (ii) the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal; - (i) the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or Examples of imminent risk of death or injury— 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. 2 The animal is being beaten or tortured. - 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. - 2 The animal is being beaten or tortured. - (ii) the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal; - (e) muster, yard, detain, clip or otherwise deal with the animal; - (f) take reasonable measures to relieve the pain of an animal at the place. Examples of measures— feeding, untethering or watering the animal - (i) any animal; or - (ii) any brand, mark, branding instrument, pliers or other device used to identify an animal; - (i) the police officer reasonably suspects the animal is under an imminent risk of death or injury, requires veterinary treatment or is experiencing undue pain and the interests of its welfare require its immediate seizure; or Examples of imminent risk of death or injury— 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. 2 The animal is being beaten or tortured. - 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. - 2 The animal is being beaten or tortured. - (ii) the person in charge of the animal has contravened, or is contravening, an animal welfare direction, under this Act or the Animal Care and Protection Act , or a court order about the animal; - 1 A prohibited event under the Animal Care and Protection Act is being conducted at the place. - 2 The animal is being beaten or tortured. - (a) travelling livestock; and - (b) a vehicle apparently being used to transport animals; and - (c) a vehicle apparently being used by someone accompanying the animals.