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DOMESTIC ANIMALS ACT 1994 - SECT 76D

Search warrant for document connected with section 41EB offence

    (1)     An authorised officer who is appointed by a Council under section 72 and who has obtained the approval of the Secretary under section 76C, may apply to a magistrate for the issue of a search warrant in relation to premises referred to in section 76C if the authorised officer believes on reasonable grounds that a document that is relevant to determining whether an offence has been committed against section 41EB in the municipal district of the Council is in or on the premises and has not been produced or made available under a notice under section 76B.

    (2)     If a magistrate is satisfied by the evidence, on oath or by affidavit, of the authorised officer that there are reasonable grounds to believe that there is in or on the premises a document that is relevant to determining whether a person has committed an offence against section 41EB, which has not been produced or made available under a notice under section 76B, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer, who is appointed under section 72 by the Council for the municipal district in which the offence is alleged to have been committed, and who is named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

        (a)     to enter the premises specified in the warrant; and

        (b)     to do all or any of the following—

              (i)     search for;

              (ii)     secure against interference;

              (iii)     examine, inspect and take a copy or make an extract of—

the document named or described in the warrant, which the authorised officer believes on reasonable grounds to be relevant to determining whether an offence has been committed against section 41EB.

    (3)     An authorised officer who is appointed by a Council under section 72 may apply for, and a magistrate may issue, a warrant under this section authorising the authorised officer to enter a premises that is not in the municipal district of the Council and the authorised officer may enter that premises despite section 224(7) of the Local Government Act 1989 .

    (4)     Sections 84EB, 84F and 84G apply to a search warrant issued under this section as if it were a search warrant issued under Part 7A.

Pt 7A (Heading) amended by No. 8/2014 s. 17.

Pt 7 Div. 2 (Heading and ss 77–84) amended by Nos 52/1998 s. 311(Sch. 1 item 21.2), 87/2000
ss 31–34, 83/2001
ss 18–20, 29, 30, 103/2003 ss 17–19, 50/2005
ss 11, 12, 76/2005 s. 21, substituted as Pt 7A (Headings and ss 77–84ZA) by No. 65/2007 s. 29.

Part 7A—Powers to seize and dispose of dogs or cats and related matters

Division 1—Definition

S. 77 substituted by No. 65/2007 s. 29.



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