Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ANIMAL WELFARE ACT 1992 - SECT 90

Search warrants

    (1)     This section applies if an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there is, on any premises—

        (a)     an animal or thing of a particular kind that is connected with a particular offence against this Act; or

        (b)     an animal or thing of a particular kind that is connected with the contravention of a requirement imposed by or under this Act; or

        (c)     an animal referred to in section 85;

and the information sets out those grounds.

    (2)     If this section applies, a magistrate may issue a search warrant authorising an officer named in the warrant, with such assistance and by such force as is necessary and reasonable—

        (a)     to enter the premises; and

        (b)     to search the premises for the relevant animal or thing; and

        (c)     to exercise the powers of an officer under section 82, section 84 or section 85 in relation to the premises, animal or thing.

    (3)     A magistrate must not issue a warrant unless—

        (a)     the informant or another person has given the magistrate, either orally or by affidavit, any information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

        (b)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

    (4)     A magistrate must not—

        (a)     issue a warrant in relation to the search by an authorised officer of premises within the meaning of division 7.3; or

        (b)     issue a warrant in relation to the search by an inspector of premises referred to in section 83 (1) (a) (i) or (ii).

    (5)     A warrant must—

        (a)     state the purpose for which it is issued; and

        (b)     state the nature of the offence or contravention, or the circumstances referred to in section 85 (1), as the case requires, in relation to which the entry is authorised; and

        (c)     state particular hours during which entry to the premises is authorised, or state that such entry is authorised at any time of the day or night; and

        (d)     include a description of the kinds of things or animals in relation to which the powers of the officer may be exercised; and

        (e)     state the date, not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback