Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 23

Emergency powers of entry in relation to animals

23. Emergency powers of entry in relation to animals



(1) If a POCTA inspector suspects on reasonable grounds that on any premises
(that is not a person's dwelling) baiting, trap-shooting or the use of animals
as lures is occurring, the inspector may, with any assistance that is
necessary-

   (a)  enter the premises;

   (b)  inspect and examine any animals, plant, equipment or facility that the
        inspector reasonably believes is being used for baiting, trap-shooting
        or luring.

(2) If a POCTA inspector suspects on reasonable grounds that there is on any
premises (that is not a person's dwelling)-

   (a)  any animals that are ruminants that have been confined without food or
        water for more than 36 hours; or

   (b)  any animals, being mammals (other than ruminants) or birds that have
        been confined without food or water for more than 24 hours-

the inspector may, with any assistance that is necessary, enter the premises
and may feed and water the animals.

(3) If a POCTA inspector suspects on reasonable grounds that there is on any
premises (that is not a person's dwelling) an animal that is in an
entanglement, tether or bog or that is showing signs of pain or suffering as a
result of any injury or disease, the inspector may, with any assistance that
is necessary enter the premises and-

   (a)  free any animal on the premises that is in an entanglement, tether or
        bog, from the entanglement, tether or bog, without removing it from
        its housing or the premises on which it is located; or

   (b)  if any animal on the premises is showing signs of pain or suffering as
        a result of injury or disease, inspect the animal in order to
        determine whether the animal requires treatment by a veterinary
        practitioner.

(4) If a POCTA inspector suspects on reasonable grounds that there is on any
premises (that is not a person's dwelling) an animal that is behaving in such
a manner and there are such circumstances that it is likely that the animal
will cause death or serious injury to any person or another animal, the
inspector may, with any assistance that is necessary enter the premises and-



   (a)  contain any animal in or on the premises; or

   (b)  destroy any animal in or on the premises-

that is behaving in such a manner and there are such circumstances that it is
likely that the animal will cause death or serious injury to any person or
other animal.