Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36A

Entry to monitor compliance

    (1)     For the purpose of monitoring compliance with Part 3, regulations made under Part 3, an order made by a court or tribunal under Part 3 or regulations made under Part 3 or a licence granted under Part 3 an authorised officer may enter and search any premises

        (a)     specified in a licence under Part 3 or connected with scientific procedures or programs to which the licence relates; or

        (b)     at which the authorised officer believes on reasonable grounds that a person is keeping a record or document that—

              (i)     is required to be kept by Part 3 or regulations made under Part 3; or

              (ii)     may show whether or not Part 3 or regulations made under Part 3 are being complied with; or

        (c)     which the authorised officer suspects on reasonable grounds are used—

              (i)     for the carrying out of any scientific procedure; or

              (ii)     for the breeding of specified animals.

    (2)     An authorised officer may enter and search premises under subsection (1) with the assistance of any person necessary to provide assistance to the authorised officer.

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

        (a)     examine and inspect any animal found on the premises;

        (b)     examine and test the premises and any equipment or any other thing found on the premises that is of a kind used in connection with any activity required to be licensed under Part 3;

        (c)     observe any practice being conducted in connection with the management of animals on the premises;

        (d)     seize any thing (that is not an animal) found on the premises or secure any thing found on the premises against interference, if the authorised officer believes on reasonable grounds that the thing is connected with a contravention of Part 3 or regulations made under Part 3;

        (e)     in the case of any document on the premises, 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 or take extracts from the document;

        (f)     make any still or moving image or audio‑visual recording;

        (g)     take and keep samples of any thing found on the premises, if the authorised officer believes on reasonable grounds that the thing is connected with a contravention of Part 3 or regulations made under Part 3;

        (h)     bring any equipment onto the premises that the authorised officer believes on reasonable grounds is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

    (4)     A power under this section—

        (a)     must not be exercised on any part of the premises that is a person's dwelling; and

        (b)     must not be exercised at a time that is unreasonable.

    (5)     If a power under this section is being exercised for the purpose of preparing a compliance report, the power must not be exercised unless the authorised officer has given the licence holder at least 24 hours written notice of the exercise of the power.

Division 2—Searches and seizure under warrant

S. 36B inserted by No. 60/2015 s. 47.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback