POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 146
Power in relation to offences involving animals
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 146
Power in relation to offences involving animals
146 Power in relation to offences involving animals
(1) This section applies
if—
(a) a police officer reasonably suspects—
(i) an offence involving an
animal has been, is being or is about to be committed at or involving a place;
or
(ii) an animal at a place has just sustained a severe injury and the
injury is likely to remain untreated, or untreated for an unreasonable period;
or
(iii) there is an imminent risk of death or injury to an animal at a place
because of an accident or an animal welfare offence; or
(b) the occupier of a
place has been given an animal welfare direction under this Act or the Animal
Care and Protection Act and—
(i) the direction states a time or interval for
a police officer to enter the place to check compliance with the direction;
and
(ii) a police officer proposes to enter the place at the stated time or
interval to check compliance with the direction.
(2) The police officer may
enter the place and do any of the following—
(a) search for and inspect—
(i) any animal; or
(ii) any brand, mark, branding instrument, pliers or other
device used to identify an animal;
(b) open anything in the relevant place
that is locked;
(c) seize anything the officer reasonably suspects is
evidence of the commission of an offence involving an animal;
(d) seize an
animal at the place if—
(i) the police officer reasonably suspects the
animal is under an imminent risk of death or injury, requires veterinary
treatment or is experiencing undue pain and the interests of its welfare
require its immediate seizure; or
Examples of imminent risk of death or
injury—
1 A prohibited event under the Animal Care and Protection Act is
being conducted at the place.
2 The animal is being beaten or tortured.
(ii) the person in charge of the animal has contravened, or is contravening,
an animal welfare direction, under this Act or the Animal Care and Protection
Act , or a court order about the animal;
(e) muster, yard, detain, clip or
otherwise deal with the animal;
(f) take reasonable measures to relieve the
pain of an animal at the place.
Examples of measures—
feeding, untethering
or watering the animal
(3) Also, the police officer may, for exercising
powers under subsection (2) , stop—
(a) travelling livestock; and
(b) a
vehicle apparently being used to transport animals; and
(c) a vehicle
apparently being used by someone accompanying the animals.
