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DOMESTIC ANIMALS ACT 1994 - SECT 76

Offences relating to authorised officers

S. 76(1) amended by No. 8/2014 s. 15(3).

    (1)     A person must not—

        (a)     refuse to or fail, without reasonable excuse, to comply with a lawful direction, order or a requirement of an authorised officer; or

        (b)     when asked by an authorised officer

S. 76(1)(b)(i) amended by No. 103/2003 s. 16.

              (i)     under section 74(3) or section 74A(a), refuse, or fail without reasonable excuse, to give that person's name and place of residence; or

              (ii)     refuse, or fail without reasonable excuse to produce a document or animal; or

S. 76(1)(c) amended by No. 8/2014 s. 15(2)

        (c)     destroy, damage, interfere with or remove, without reasonable excuse, any matter or thing done by an authorised officer in accordance with his or her powers under this Act.

Penalty:     60 penalty units.

    (2)     It is a reasonable excuse for a person to refuse or fail to answer an authorised officer's question or to give information produce a document or do any other thing that the person is required to do under this Act when the requirement is made by an authorised officer or any other person in authority for the purpose of determining whether the person who has refused or failed to answer has committed an offence.

S. 76(3) inserted by No. 8/2014 s. 15(4).

    (3)     A person must not, without reasonable excuse, obstruct or hinder or attempt to obstruct or hinder an authorised officer in the discharge of his or her powers, duties or functions under this Act.

Penalty:     60 penalty units.

S. 76(4) inserted by No. 8/2014 s. 15(4).

    (4)     For the purposes of subsection (3), a reasonable excuse includes the failure of the authorised officer to inform the person of the existence of the offence before the authorised officer attempts to exercise the power or carry out the duty or function under this Act.

S. 76(5) inserted by No. 8/2014 s. 15(4).

    (5)     A person must not, without reasonable excuse, refuse admission to an authorised officer exercising a power of entry under this Act or a person assisting an authorised officer in exercising a power of entry under this Act.

Penalty:     60 penalty units.

S. 76A
inserted by No. 87/2000 s. 30, amended by No. 75/2011 s. 10 (ILA s. 39B(1)).



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