DOMESTIC ANIMALS ACT 1994 - SECT 84XB Search warrant for failure to comply with court order

DOMESTIC ANIMALS ACT 1994 - SECT 84XB

S. 84XB(1) amended by No. 69/2017 s. 89(1).

    (1)     A Council authorised officer may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises) in the municipal district of the Council that appointed the authorised officer, if the authorised officer believes on reasonable grounds that a person subject to an order under section 84XA is holding a dog on the premises in contravention of that order.

S. 84XB(2) amended by Nos 69/2017 s. 89(2), 6/2018 s. 68(Sch. 2 item 41).

    (2)     If the magistrate is satisfied, by the evidence on oath or by affirmation or by affidavit of the authorised officer, that there are reasonable grounds to believe that a person subject to an order under section 84XA is holding a dog on the premises in contravention of that order, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising a Council authorised officer authorised in the warrant to execute the warrant—

        (a)     to enter the premises; and

        (b)     to search for and seize the dog; and

        (c)     to dispose of the dog in accordance with the directions set out in the warrant.

Note

There are general provisions in sections 84EB, 84F and  84G that apply to search warrants issued under this Part.

S. 84XB(3) inserted by No. 69/2017 s. 89(3).

    (3)     A search warrant issued under subsection (2) may authorise a Council authorised officer appointed by the Council for the municipal district in which the premises is situated to execute the warrant.

S. 84XC inserted by No. 8/2014 s. 25.