AustLII Tasmanian Consolidated Acts

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ANIMAL WELFARE ACT 1993 - SECT 38

38. Powers of inspectors

      (1) An inspector has the following powers:

(a) to enter, search and inspect, without warrant, any place or premises at which a licensed institution carries out animal research;

(b) to take samples or specimens kept by that institution in relation to research carried out on animals;

(c) to take photographs of that place or those premises and animals or equipment kept by that institution in relation to research carried out on animals;

(d) to inspect, take copies of or seize any records or documents kept by that institution in relation to research carried out on animals;

(e) to inspect, without warrant, the premises of any institution applying for a licence, including its animal holding facilities, equipment and instruments to determine the suitability of the premises for the purpose of the application;

(f) to enter and search, with a warrant, any premises in which the inspector reasonably believes animal research is being carried out in contravention of this Act;

(g) to require any person to give such assistance as may be required;

(h) to do anything necessary or convenient to perform his or her functions;

(i) to do anything an officer has power to do under this Act.

      (2) In entering, searching and inspecting premises, an inspector may –

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

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

(c) stop any vehicle or conveyance.

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

      (4) If a magistrate is satisfied, on the application made on oath by an inspector, that animal research is being carried out on premises in contravention of this Act, the magistrate may grant a warrant authorizing the inspector named in the warrant to enter and search those premises.



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