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Prevention of Cruelty to Animals Act 1986
24KSearch warrants for premises
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24K Search warrants for 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 thing or things of a particular kind connected with a contravention of this Act or regulations under this Act.
S. 24K(2) amended by Nos 60/2015 s. 18, 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 inspector that there are reasonable grounds to believe that there is a thing or things of a particular kind connected with a contravention of this Act or regulations under this Act in or on any premises, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising a POCTA inspector named in the warrant, or another POCTA inspector who is acting on behalf of that inspector, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
(b) to do all or any of the following—
(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine, inspect and take and keep samples of or from;
(v) take photographs (including video recordings) of—
a thing or things of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with the alleged contravention.
S. 24KA inserted by No. 60/2012 s. 38.
24KA Search warrant for premises if non-compliance with section 24ZTA
(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—
(a) a person at the premises has not complied with a notice under section 24ZTA to produce or make a document available within the time specified in the notice; and
(b) the inspector believes on reasonable grounds that the document is in or on the premises and that it is relevant to determining whether another person has committed an offence against the Act or the regulations.
S. 24KA(2) amended by Nos 60/2015 s. 19, 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 inspector that there are reasonable grounds to believe that there is a document in or on the premises that is relevant to determining whether a person has committed an offence against the Act or the regulations, the magistrate may issue a search warrant, in accordance with the **Magistrates' Court Act 1989**, authorising a POCTA inspector named in the warrant, or another POCTA inspector who is acting on behalf of that inspector, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
(b) to do all or any of the following—
(i) search for;
(ii) secure against interference;
(iii) examine, inspect and take a copy or make an extract of—
the document named or described in the warrant and which the inspector believes, on reasonable grounds, to be relevant to determining whether a person has committed an offence against the Act or the regulations.
S. 24L substituted by No. 65/2007 s. 95.