New South Wales Consolidated Acts

EXHIBITED ANIMALS PROTECTION ACT 1986 - SECT 40

40 Powers of inspectors

(1) For the purposes of this Act, an inspector may:

(a) except as provided by subsection (2), enter any premises which are a licensed animal display establishment or any other place (including land and a building, and a place on or in a vehicle or vessel) where the inspector believes, on reasonable grounds, that a provision of this Act or the regulations has been or is being contravened,

(b) with respect to any such premises or place, make such inquiries, investigations or searches as are necessary to ascertain whether the provisions of this Act and the regulations are being complied with,

(c) request a person to produce for examination by the inspector any licence, approval or permit issued to the person under this Act or the regulations, or alleged by the person to have been so issued, and any books, papers or records required to be kept or made under this Act or the regulations by the person,

(d) examine any article produced pursuant to paragraph (c) and make copies of or take extracts from any such article,

(e) examine any equipment or materials used or kept for use in relation to the exhibition of an animal found at any such premises or place,

(f) examine any animal found at any such premises or at the place,

(g) seize or detain any animal in respect of which the inspector suspects, on reasonable grounds, that an offence against this Act or the regulations has been committed,

(h) remove any animals seized under this Act, and any eggs of such animals, to such place as the inspector thinks fit, or cause them to be so removed,

(i) seize any books, papers or records in the possession of the occupier of any such premises, and within that person’s power to deliver up, relating to any such suspected offence,

(j) question any person in charge (within the meaning of section 22) of an animal found at any such premises or place and ask the person to answer any question put to the person in relation to the use of those premises or of that place,

(k) require a person referred to in paragraph (j) to state the person’s full name and residential address to the inspector and (if the inspector suspects, on reasonable grounds, that a name or address so stated is false) require the person to produce evidence of the correctness of the name or address so stated,

(l) when accompanied by a member of the police force, stop, detain and search any vehicle or vessel which is being used or which the inspector believes, on reasonable grounds, is being used for the carriage of animals in contravention of this Act or the regulations or the terms or conditions of any licence, approval or permit issued under this Act or the regulations,

(m) by order in writing, direct a person who has failed to comply with this Act or the regulations or with the terms or conditions of a licence, approval or permit issued under this Act or the regulations to take, within such time as is stated, specified action to correct those matters in respect of which the non-compliance has occurred,

(n) transport animals seized under this section to a place approved by the Director-General and obtain veterinary treatment for those animals, and

(o) employ such assistance or force as is necessary in the exercise of the functions conferred or imposed on the inspector by or under this Act.

(2) An inspector may not exercise the powers conferred by subsection (1) in relation to a dwelling except:

(a) with the permission of the occupier of the dwelling, or

(b) under the authority conferred by a search warrant issued under section 42.

(3) In exercising any power conferred by this section at any premises or place, an inspector shall, as far as practicable, avoid doing any act which is likely to impede the exhibition of animals being lawfully carried on at the premises or place.

(4) A book, paper or record seized from premises or a place by an inspector under subsection (1) shall not be retained beyond the day that next succeeds the day of its seizure unless the occupier of the premises or place from which it was seized is provided with a copy of the book, paper or record certified by that inspector as being a true copy of the book, paper or record so seized.

(5) A copy of a book, paper or record provided under subclause (4) is for all purposes of equal validity to the original.