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DOMESTIC ANIMALS ACT 1994 - SECT 74AE

Search warrant

    (1)     If a magistrate is satisfied by the evidence, on oath or by affidavit, that there is in the premises or vehicle specified in an application under section 74AD any thing, or kind of thing, that is relevant to determining if an offence against a relevant provision has been committed, the magistrate may issue the search warrant applied for in accordance with the Magistrates' Court Act 1989 .

    (2)     A search warrant issued under subsection (1) may authorise a person authorised in the warrant to execute the warrant to do all or any of the following—

        (a)     enter the premises or vehicle specified in the warrant;

        (b)     search for any thing, or kind of thing, named or described in the warrant;

        (c)     seize any document or other thing, other than an animal, that is or is of a kind named or described in the warrant which the authorised officer reasonably believes to be connected with a contravention of a relevant provision;

        (d)     do all or any of the following in relation to any thing that is or is of a kind named or described in the warrant and which the authorised officer reasonably believes to be connected with a contravention of a relevant provision—

              (i)     secure the thing against interference;

              (ii)     examine, inspect and take and keep samples of or from the thing;

        (e)     as to any document, or document of a kind, named or described in the warrant, do all or any of the following—

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

              (ii)     examine the document;

              (iii)     if the authorised officer reasonably believes the document is connected with a contravention of a relevant provision, make copies of or take extracts from the document, or arrange for the making of copies of or the taking of extracts from the document and remove the document for so long as is reasonably necessary to make copies of or take extracts from the document;

        (f)     make any still or moving image or audio-visual recording of any thing that is or is of a kind named or described in the warrant, if the authorised officer believes on reasonable grounds that it is connected with a contravention of a relevant provision;

        (g)     take and keep a sample of any thing that is or is of a kind named or described in the warrant, if the authorised officer reasonably believes that the thing is connected with a contravention of a relevant provision.

    (3)     A search warrant issued under subsection (1)—

        (a)     may authorise an authorised officer to execute the warrant; and

        (b)     may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant.

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



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