24GSearch warrants for at risk animals on premises

24G Search warrants for at risk animals on premises

(1) A POCTA inspector, with the written approval of the Department Head, may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises), if the inspector believes on reasonable grounds that there is in or on the premises—

(a) an abandoned, diseased, distressed or disabled animal; or

(b) an animal, the welfare of which the inspector believes on reasonable grounds is at risk; or

(c) an animal, in respect of which a contravention of section 9, 10(1), 11A, 13(1) or regulations under this Act is occurring or has occurred; or

(d) an animal, in respect of which the person in charge is in contravention of an order under section 12(1) or an interstate order within the meaning of section 12A, that is registered under that section.

S. 24G(2) amended by No. 6/2018 s. 68(Sch. 2 item 100.2).

(2) If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the POCTA inspector that there are reasonable grounds to believe that there is in or on the premises—

(a) an abandoned, diseased, distressed or disabled animal; or

(b) an animal, the welfare of which the inspector believes on reasonable grounds is at risk; or

(c) an animal, in respect of which a contravention of section 9, 10(1), 11A, 13(1) or regulations under this Act is occurring or has occurred; or

(d) an animal, in respect of which the person in charge is in contravention of an order under section 12(1) or an interstate order within the meaning of section 12A, that is registered under that section—

the magistrate may issue a search warrant in accordance with the Magistrates' Court Act 1989.

S. 24G(3) amended by Nos 37/2014 s. 10(Sch. item 129.2), 60/2015 s. 17(2).

(3) A search warrant issued under this section may authorise a POCTA inspector named in the warrant, or another POCTA inspector who is acting on behalf of that inspector, together with any police officer or any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

(b) to search for an animal, or an animal of a particular kind, named or referred to in the warrant; and

(c) to seize an animal, or an animal of a particular kind, named or referred to in the warrant, and to take the animal to any place that the inspector thinks fit; and

(d) to retain possession of any animal seized for the time specified in the warrant; and

(e) to examine or inspect an animal, or an animal of a particular kind, named or referred to in the warrant, that is found in or on the premises, to determine if the animal requires treatment by a veterinary practitioner; and