Australian Capital Territory Current Acts

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ANIMAL WELFARE ACT 1992 - SECT 81

Powers of entry and search

    (1)     Subject to this section, if an inspector believes on reasonable grounds that it is necessary to do so for the purposes of this Act, the inspector may—

        (a)     enter any premises; and

        (b)     exercise any power—

              (i)     under section 82; or

              (ii)     for the purposes of section 85.

    (2)     For subsection (1), an inspector may—

        (a)     enter any premises at any time with the consent of the occupier of the premises; or

Note      The procedures for obtaining consent are set out in s 88.

        (b)     enter business premises during business hours at the premises; or

        (c)     enter premises in accordance with a warrant under section 90; or

        (d)     enter premises at any time if the inspector believes on reasonable grounds that serious and urgent circumstances require the immediate exercise of any of the inspector's powers without a warrant.

    (3)     An inspector who enters premises under subsection (2) (d) may have reasonable assistance and use reasonable force to enter the premises.

    (4)     An inspector who enters premises under this section may take into the premises any people, equipment or material the inspector reasonably needs for exercising a power under this Act.

    (5)     This section does not authorise an inspector to enter an abattoir unless—

        (a)     the inspector is a veterinary practitioner; or

        (b)     if the inspector is not a veterinary practitioner —the inspector enters those premises with a veterinary practitioner.

    (6)     If a power is exercised in accordance with subsection (1) in relation to a vehicle, the relevant inspector may stop and detain the vehicle for the purpose of the exercise of that power.



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