Victorian Current Acts

DOMESTIC ANIMALS ACT 1994 - SECT 74AC

    (1)     For the purpose of monitoring compliance with a relevant provision, a restricted authorised officer, a Council authorised officer or a Departmental authorised officer may enter and search any premises or vehicle in which the authorised officer reasonably suspects that a domestic animal business is being conducted or that a GRV greyhound is being kept.

Note to s. 74AC(1) inserted by No. 3/2022 s. 32.

Note

The search and entry power in section 74AC(1) may be used by a Departmental authorised officer for the purposes of section 58AD(1)(b) or 58AF(1).

    (2)     An authorised officer may enter and search any premises or vehicle under subsection (1)—

        (a)     by any reasonable means; and

        (b)     with any reasonable assistance that the authorised officer requires.

    (3)     An authorised officer who enters and searches any premises or vehicle under subsection (1) may do all or any of the following—

        (a)     inspect any animal, enclosure or thing in the premises or vehicle;

        (b)     in the case of any document in the premises or vehicle, do all or any of the following—

              (i)     require the document to be produced for examination;

              (ii)     examine, make copies of or take extracts from the document, or arrange for the making of copies or the taking of extracts;

              (iii)     remove the document for so long as is reasonably necessary to make copies of or take extracts from the document;

        (c)     bring any equipment into the premises or vehicle, if the authorised officer reasonably believes that the equipment is necessary for the examination or processing of any thing (including any document) in the premises or vehicle in order to determine whether the thing may be seized under paragraph (d);

        (d)     seize any document or other thing, other than an animal, in the premises or vehicle, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision;

        (e)     secure any animal or thing in the premises or vehicle against interference, if the authorised officer reasonably believes that the animal or thing is connected with a contravention of a relevant provision;

        (f)     make any still or moving image or audio-visual recording of any document, animal or other thing in the premises or vehicle, if the authorised officer reasonably believes that it is connected with a contravention of a relevant provision;

        (g)     take and keep a sample of any thing in the premises or vehicle, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision;

        (h)     ask questions of a person present in the premises or vehicle if the authorised officer reasonably believes that the person may be connected with a contravention of a relevant provision.

    (4)     A power under this section must not be exercised in any part of a premises that is residential.

    (5)     If an authorised officer exercises a power of entry to any premises or vehicle under this section without the owner or occupier being present the authorised officer must, on leaving the premises or vehicle, leave a notice setting out—

        (a)     the time of entry; and

        (b)     the purpose of entry; and

        (c)     a description of things done while in the premises or vehicle; and

        (d)     the time of departure; and

        (e)     the procedure for contacting the authorised officer for further details of the entry.

S. 74AD inserted by No. 69/2017 s. 48.