82Powers of entry with warrant

82 Powers of entry with warrant

(1) A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds—

(a) that there is or has been a contravention of this Act or the regulations on the premises; or

(b) that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the suspension or cancellation of registration of a registered veterinary practitioner.

S. 82(2) amended by No. 6/2018 s. 68(Sch. 2 item 131.2).

(2) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or cancellation of the registration of a veterinary practitioner, the magistrate may issue a search warrant authorising any person named in the warrant—

(a) to enter the premises, or the part of the premises, named or described in the warrant; and

(b) to search for and seize a thing named or described in the warrant; and

(c) to bring the thing before the Court so that the matter may be dealt with according to law.

(3) In addition to any other requirement, a search warrant issued for the purposes of this section must state—

(a) the offence or grounds of suspension or cancellation suspected; and

(b) the premises to be searched; and

(c) a description of the thing to be searched for; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in a form prescribed under that Act.

(5) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.