AustLII Tasmanian Consolidated Acts

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ANIMAL WELFARE ACT 1993 - SECT 16

16. Power to enter, search and inspect premises

      (1) An officer may, without warrant, enter, search and inspect any premises, other than premises or a part of premises being used as a dwelling, if the officer reasonably believes that there is on the premises an animal in respect of which an offence under this Act has been, or is being, committed.

      (2) An officer, authorized by the Minister to do so, may, at any reasonable time enter, search and inspect any premises where animals are sold, presented for sale, assembled or kept for commercial purposes.

      (2A) An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes –

(a) is being, or has been, used in committing an offence against this Act; or

(b) is evidence that an offence is being, or has been, committed against this Act.

      (3) If a magistrate or justice is satisfied on application made on oath by an officer that–

(a) an animal is in premises or a part of any premises being used as a dwelling; and

(b) the officer reasonably believes that an offence under this Act has been or is being committed in respect of that animal–

the magistrate or justice may grant a warrant authorizing the officer named in the warrant to enter, search and inspect those premises and seize anything the officer reasonably believes is being, or has been, used in committing the offence.

      (4) In entering, searching and inspecting premises, an officer may –

(a) use such force as is reasonably necessary; and

(b) be accompanied by such assistants as the officer considers necessary; and

(c) stop any vehicle or conveyance.

      (4A) In entering, searching and inspecting premises, an officer may inspect or examine any animal on the premises.

      (5) An assistant in the company of an officer has the same powers under this section as the officer.



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