New South Wales Consolidated Acts

NON-INDIGENOUS ANIMALS ACT 1987 - SECT 23

23 Powers of authorised officers

(1) An authorised officer may:

(a) with or without assistants, enter any licensed accommodation or any premises or vehicle where the officer reasonably believes that a provision of this Act or the regulations has been or is being contravened and there:

(i) examine any animal or inspect the accommodation for any animal, and

(ii) open and inspect any cage, container or enclosure, and

(iii) generally inspect such things and make such inquiries as may be necessary to ascertain whether the provisions of this Act or the regulations are being complied with,

(b) require the production (by any person believed to have them or control of them) of accounts, records, books, documents and other things relating to the importation, breeding, keeping, movement, transportation or sale of an animal in any prescribed category, and make copies of or take extracts from them,

(c) seize any accounts, records, books, documents and other things relating to any such suspected offence,

(d) remove any animals, cages or containers seized under this Act, or cause any such animals, cages or containers to be removed, to such place as the authorised officer thinks fit,

(e) transport animals seized under this section to a place approved by the Minister and obtain veterinary treatment for those animals,

(f) when accompanied by a member of the police force, stop, detain and search any vehicle or vessel which is being used or which the authorised officer 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 or permit issued under this Act or the regulations,

(g) employ such assistance or force as is necessary in the exercise of the functions conferred or imposed on the authorised officer by or under this Act,

(h) by order in writing, direct a person who has failed to comply with:

(i) this Act or the regulations, or

(ii) the terms or conditions of any licence 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, and

(i) for the safety of persons and property (including land), give reasonable directions to any person keeping or having charge of an animal in any prescribed category.

(2) Nothing in this section authorises an authorised officer to enter any premises or a part of any premises used as a dwelling without a warrant under section 24.