Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) An officer and such assistants as the officer considers necessary may do any or all of the following at any reasonable time and without warrant:
(a) for the purposes of inspecting specified premises and any prescribed animals on specified premises and after first identifying himself or herself as an officer to the registered animal farmer or a person apparently in charge of specified premises, other than a residence, enter and remain in those specified premises;
(b) if the officer has reason to believe an offence under this Act has been, or is being, committed and after first identifying himself or herself as an officer to a person apparently in charge of premises, other than a residence, enter and remain in those premises, using such force as may be necessary;
(c) inspect any prescribed animal in premises legally entered or in a vehicle that is on premises legally entered;
(d) if the officer has reason to believe an offence under this Act has been, or is being, committed, open or break open and search anything in premises legally entered in which a prescribed animal or any other thing that is relevant to that offence may be kept or hidden;
(e) seize, or give directions in relation to, any animal in respect of which the officer has reason to believe an offence under this Act has been, or is being, committed;
(f) in premises legally entered, search for, examine, take possession of, make copies of or take extracts from any document or other record that appears to indicate that an offence under this Act has been, or is being, committed;
(g) require an animal farmer or any person employed in premises legally entered to provide his or her name and address when required to do so by the officer;
(h) require an animal farmer to muster and pen any or all prescribed animals in legally entered premises at such time as will not cause harm or distress to the prescribed animals;
(i) if the officer has reason to believe that a person has possession of any document or other record which is relevant to a matter under this Act, require the person to provide the document or record, or a copy of the document or record, as directed.
(2) A requirement under subsection (1)(i) may direct that the document, record or copy of the document or record is to be delivered –
(a) at a specified place; and
(b) to the Secretary or any other officer; and
(c) at, by or within a specified time; and
(d) in person, by certified mail or in another specified manner.
(3) A registered animal farmer must comply with a direction given under subsection (1)(e).
Penalty:
Fine not exceeding 50 penalty units.
(4) If any document or record is obtained by an officer under this section, that document or record, evidence of that document or record or evidence of the obtaining of that document or record is not admissible against any person in any civil or criminal proceedings, other than proceedings for an offence under this Act.
(5) On the application of an officer, a magistrate or justice may issue a warrant to the officer named in the warrant if the magistrate or justice is satisfied that there are reasonable grounds for believing it necessary for an officer to enter a residence for the purpose of performing his or her functions under this Act.
(6) An officer named in the warrant and any person assisting that officer may –
(a) enter and remain in the residence, using force if necessary; and
(b) perform his or her functions and exercise his or her powers in or in relation to the residence.
(7) A warrant is to –
(a) be in a form approved by the Secretary; and
(b) specify the residence in respect of which it is made.
(8) A warrant has effect for a period of one month after the day on which it is granted.