Victorian Current Acts

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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 24KA

Search warrant for premises if non-compliance with section 24ZTA

    (1)     A POCTA inspector, with the written approval of the Department Head, may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises), if—

        (a)     a person at the premises has not complied with a notice under section 24ZTA to produce or make a document available within the time specified in the notice; and

        (b)     the inspector believes on reasonable grounds that the document is in or on the premises and that it is relevant to determining whether another person has committed an offence against the Act or the regulations.

S. 24KA(2) amended by Nos 60/2015 s. 19, 6/2018 s. 68(Sch. 2 item 100.2).

    (2)     If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the inspector that there are reasonable grounds to believe that there is a document in or on the premises that is relevant to determining whether a person has committed an offence against the Act or the regulations, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising a POCTA inspector named in the warrant, or another POCTA inspector who is acting on behalf of that inspector, 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 and which the inspector believes, on reasonable grounds, to be relevant to determining whether a person has committed an offence against the Act or the regulations.

S. 24L substituted by No. 65/2007 s. 95.



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