Northern Territory Consolidated Acts

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ANIMAL WELFARE ACT - SECT 62

Power of entry

62. Power of entry

(1) In this section, "premises" means -

(a) in relation to the exercise of a power by an inspector -

(i) any premises (other than a vehicle) that the inspector believes on reasonable grounds are not licensed premises; or

(ii) if the power is exercised in relation to a vehicle - a vehicle that is not connected with licensed premises; or

(b) in relation to the exercise of a power by an officer -

(i) any premises (other than a vehicle) that the officer believes on reasonable grounds are licensed premises; or

(ii) if the power is exercised in relation to a vehicle - a vehicle that is connected with licensed premises.

(2) An authorised person may enter premises in accordance with this section for the purpose of -

(a) exercising the power of inspection under section 66; or

(b) exercising a power to alleviate an animal's suffering under section 67.

(3) An authorised person must give an occupier 7 days notice of the authorised person's intention to enter the occupier's premises for the purpose of an inspection unless the authorised person believes on reasonable grounds there is in or on the premises an animal or thing connected with an offence.

(4) An authorised person may enter premises -

(a) with the consent of the occupier obtained in accordance with section 63;

(b) in pursuance of a search warrant issued in accordance with section 64; or

(c) if the authorised person believes on reasonable grounds that the circumstances are so serious and urgent as to require the immediate exercise of a power under section 66 or 67 - without the occupier's consent or the authority of a search warrant, and with the assistance and using the force that is reasonable.

(5) An inspector is not entitled to enter -

(a) licensed premises unless accompanied by an officer; or

(b) an abattoir unless he or she is a veterinarian or is accompanied by an officer or veterinarian.

(6) An officer is not entitled to enter premises that are not licensed premises unless he or she is accompanied by an inspector.

(7) If an authorised person exercises a power under subsection (2) in respect of a vehicle, he or she may stop and detain the vehicle for that purpose.

(8) In subsection (5), "abattoir" means an establishment within the meaning of the Meat Industries Act to which a licence under that Act permitting the slaughter of an animal relates.



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