sec.33DPower of entry etc.

sec.33D Power of entry etc.

A prescribed person may at any reasonable time enter upon any land and into any premises on land upon or in which the prescribed person suspects, on reasonable grounds, that an act, procedure, matter or thing that forms part of veterinary science, is being or has been done or performed in order to ascertain whether an offence against this Act is being or has been committed or whether any veterinary surgeon has engaged or is engaging in misconduct in a professional respect. Before a prescribed person enters a part of any premises which part is used exclusively as a dwelling house the prescribed person shall, save where the prescribed person has the permission of the occupier of that part to his or her entry, apply to a stipendiary magistrate for, and obtain from the stipendiary magistrate, a warrant to enter. An application to a stipendiary magistrate for the issue of a warrant— may be heard at any place and, subject to this section, in such manner as the magistrate thinks fit; and may be made— in person; or where it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication. A stipendiary magistrate who is satisfied upon the application of a prescribed person that there is reasonable cause to suspect that an act, procedure, matter or thing that forms part of veterinary science is being or has been done or performed in any premises may issue a warrant directed to the prescribed person to enter the premises at such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time. In issuing a warrant, a stipendiary magistrate shall— specify in the warrant the powers that may be exercised by the prescribed person; and record on the warrant the matters of fact on which the magistrate has relied to justify the issue of the warrant. A warrant remains in force for a period of 21 days from the date of issue and is lawful authority for the prescribed person to whom it is directed and all persons acting in aid of that person— to enter the premises specified in the warrant; and subject to the terms of the warrant, to exercise the powers conferred upon a prescribed person under this Act. Where an application for a warrant is made in person, in deciding whether to issue the warrant, the stipendiary magistrate shall not rely on any statement of facts unless it is provided by means of an oral or written statement made under oath or affirmation or under other sanction authorised by law. Where an application for a warrant is made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate shall not issue the warrant unless the magistrate— informs the applicant of the matters of fact on which the magistrate relies to justify the issue of the warrant; and obtains from the applicant an undertaking that the applicant will furnish to the stipendiary magistrate, as directed by the magistrate, as soon as is practicable a written statement made on oath or affirmation or under other sanction authorised by law verifying those matters of fact. Where, pursuant to an application for a warrant made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate issues the warrant— the magistrate shall— inform the applicant that the magistrate has done so and of the terms of the warrant; and within 7 days of the issue of the warrant, send the warrant to the Minister; and as soon as practicable, and, in any event, within 7 days, after the issue of the warrant, the applicant shall furnish to the magistrate a written statement in compliance with the undertaking given by the applicant under subsection (4C) (b) ; and a form of warrant completed by the applicant substantially in the terms of the warrant issued by the magistrate and stating— the date on which and the place at which the warrant was issued; and the name of the stipendiary magistrate who issued the warrant; is for all purposes to be taken to be the warrant issued and to have force and effect accordingly. If a person to whom subsection (4D) (b) applies fails to comply with that subsection, the warrant issued under this section is to be taken to be cancelled upon the expiration of the period of 7 days specified in that subsection. The failure of a stipendiary magistrate to send a warrant to the Minister in accordance with subsection (4D) (a) (ii) does not affect the validity, force or effect of the warrant. A prescribed person who enters upon any land or into any premises pursuant to this section or to a warrant issued pursuant to this section may, subject, in the case of entry pursuant to a warrant, to the terms of the warrant— search the land or premises and examine anything found thereon or therein; interview any person found thereon or therein; collect and take away samples and specimens of anything found thereon or therein; photograph the land or premises or any part thereof and anything found thereon or therein; seize and take away records which, in the prescribed person’s opinion formed on reasonable grounds, may contain evidence in respect of an offence against this Act or of misconduct in a professional respect. In this section premises that are used as a dwelling house do not include the curtilage of those premises. Any person, other than a veterinary surgeon, who assaults, resists, obstructs or hinders, threatens or intimidates a prescribed person in the exercise of his or her powers under this section commits an offence against this Act. Maximum penalty—20 penalty units. In this section— prescribed person means a member or deputy member of the board or any officer of the board. s 33D ins 1986 No. 6 s 38 amd 1990 No. 65 ss 20 , 23 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch ; 2009 No. 24 s 852 (sec.33D-ssec.1) A prescribed person may at any reasonable time enter upon any land and into any premises on land upon or in which the prescribed person suspects, on reasonable grounds, that an act, procedure, matter or thing that forms part of veterinary science, is being or has been done or performed in order to ascertain whether an offence against this Act is being or has been committed or whether any veterinary surgeon has engaged or is engaging in misconduct in a professional respect. (sec.33D-ssec.2) Before a prescribed person enters a part of any premises which part is used exclusively as a dwelling house the prescribed person shall, save where the prescribed person has the permission of the occupier of that part to his or her entry, apply to a stipendiary magistrate for, and obtain from the stipendiary magistrate, a warrant to enter. (sec.33D-ssec.2A) An application to a stipendiary magistrate for the issue of a warrant— may be heard at any place and, subject to this section, in such manner as the magistrate thinks fit; and may be made— in person; or where it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication. (sec.33D-ssec.3) A stipendiary magistrate who is satisfied upon the application of a prescribed person that there is reasonable cause to suspect that an act, procedure, matter or thing that forms part of veterinary science is being or has been done or performed in any premises may issue a warrant directed to the prescribed person to enter the premises at such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time. (sec.33D-ssec.4) In issuing a warrant, a stipendiary magistrate shall— specify in the warrant the powers that may be exercised by the prescribed person; and record on the warrant the matters of fact on which the magistrate has relied to justify the issue of the warrant. (sec.33D-ssec.4A) A warrant remains in force for a period of 21 days from the date of issue and is lawful authority for the prescribed person to whom it is directed and all persons acting in aid of that person— to enter the premises specified in the warrant; and subject to the terms of the warrant, to exercise the powers conferred upon a prescribed person under this Act. (sec.33D-ssec.4B) Where an application for a warrant is made in person, in deciding whether to issue the warrant, the stipendiary magistrate shall not rely on any statement of facts unless it is provided by means of an oral or written statement made under oath or affirmation or under other sanction authorised by law. (sec.33D-ssec.4C) Where an application for a warrant is made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate shall not issue the warrant unless the magistrate— informs the applicant of the matters of fact on which the magistrate relies to justify the issue of the warrant; and obtains from the applicant an undertaking that the applicant will furnish to the stipendiary magistrate, as directed by the magistrate, as soon as is practicable a written statement made on oath or affirmation or under other sanction authorised by law verifying those matters of fact. (sec.33D-ssec.4D) Where, pursuant to an application for a warrant made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate issues the warrant— the magistrate shall— inform the applicant that the magistrate has done so and of the terms of the warrant; and within 7 days of the issue of the warrant, send the warrant to the Minister; and as soon as practicable, and, in any event, within 7 days, after the issue of the warrant, the applicant shall furnish to the magistrate a written statement in compliance with the undertaking given by the applicant under subsection (4C) (b) ; and a form of warrant completed by the applicant substantially in the terms of the warrant issued by the magistrate and stating— the date on which and the place at which the warrant was issued; and the name of the stipendiary magistrate who issued the warrant; is for all purposes to be taken to be the warrant issued and to have force and effect accordingly. (sec.33D-ssec.4E) If a person to whom subsection (4D) (b) applies fails to comply with that subsection, the warrant issued under this section is to be taken to be cancelled upon the expiration of the period of 7 days specified in that subsection. (sec.33D-ssec.4F) The failure of a stipendiary magistrate to send a warrant to the Minister in accordance with subsection (4D) (a) (ii) does not affect the validity, force or effect of the warrant. (sec.33D-ssec.5) A prescribed person who enters upon any land or into any premises pursuant to this section or to a warrant issued pursuant to this section may, subject, in the case of entry pursuant to a warrant, to the terms of the warrant— search the land or premises and examine anything found thereon or therein; interview any person found thereon or therein; collect and take away samples and specimens of anything found thereon or therein; photograph the land or premises or any part thereof and anything found thereon or therein; seize and take away records which, in the prescribed person’s opinion formed on reasonable grounds, may contain evidence in respect of an offence against this Act or of misconduct in a professional respect. (sec.33D-ssec.6) In this section premises that are used as a dwelling house do not include the curtilage of those premises. (sec.33D-ssec.7) Any person, other than a veterinary surgeon, who assaults, resists, obstructs or hinders, threatens or intimidates a prescribed person in the exercise of his or her powers under this section commits an offence against this Act. Maximum penalty—20 penalty units. (sec.33D-ssec.8) In this section— prescribed person means a member or deputy member of the board or any officer of the board.