DOMESTIC ANIMALS ACT 1994 - SECT 84E Search warrants for dogs or cats

DOMESTIC ANIMALS ACT 1994 - SECT 84E

    (1)     An authorised officer who may seize a dog or cat under this Part (other than section 84CA) may apply to a magistrate for the issue of a search warrant for a premises, if the authorised officer believes on reasonable grounds that there is present on the premises any dog or cat that the authorised officer may so seize.

S. 84E(2) amended by No. 6/2018 s. 68(Sch. 2 item 41).

    (2)     If a magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit, that there is on the premises specified in the application under subsection (1) any dog or cat which the authorised officer may seize, the magistrate may issue the search warrant applied for in accordance with the Magistrates' Court Act 1989 .

    (3)     A search warrant issued under subsection (2) may authorise the authorised officer named in the warrant to execute the warrant to do any of the following with any necessary equipment—

        (a)     enter the premises specified in the warrant;

        (b)     search for any dog or cat named or described in the warrant;

        (c)     examine any dog or cat, named or described in the warrant for the purposes of identifying the owner of the dog or cat;

        (d)     if necessary, seize any dog or cat named or described in the warrant.

    (4)     A search warrant issued under subsection (2)—

        (a)     may authorise the authorised officer who applied for the warrant or another authorised officer of the same class as the authorised officer who applied for the warrant to execute the warrant; and

        (b)     may authorise any other person named or otherwise identified in the warrant to assist the authorised officer to execute the warrant.

    (5)     In this section a reference to "premises" includes the whole or any part of the premises that is residential.

S. 84EA (Heading) amended by No. 44/2017 s. 14.

S. 84EA inserted by No. 8/2014 s. 20.