Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24G

Search warrants for abandoned etc animals on premises

24G. Search warrants for abandoned etc animals on premises



(1) A POCTA inspector, with the written approval of the Department Head, may
apply to a magistrate for the issue of a search warrant in relation to
premises (including residential premises), if the inspector believes on
reasonable grounds that there is in or on the premises-

   (a)  an abandoned, diseased, distressed or disabled animal; or

   (b)  an animal, the welfare of which the inspector believes on reasonable
        grounds is at risk; or

   (c)  an animal, in respect of which a contravention of section 9, 10(1),
        11A, 13(1) or regulations under this Act is occurring or has occurred;
        or

   (d)  an animal, in respect of which the person in charge is in
        contravention of an order under section 12(1) or an interstate order
        within the meaning of section 12A, that is registered under that
        section.

(2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of
the POCTA inspector that there are reasonable grounds to believe that there is
in or on the premises-

   (a)  an abandoned, diseased, distressed or disabled animal; or

   (b)  an animal, the welfare of which the inspector believes on reasonable
        grounds is at risk; or

   (c)  an animal, in respect of which a contravention of section 9, 10(1),
        11A, 13(1) or regulations under this Act is occurring or has occurred;
        or

   (d)  an animal, in respect of which the person in charge is in
        contravention of an order under section 12(1) or an interstate order
        within the meaning of section 12A, that is registered under that
        section-

the magistrate may issue a search warrant in accordance with the
Magistrates' Court Act 1989.

(3) A search warrant issued under this section may authorise a POCTA inspector
named in the warrant, together with any member of the police force or any
other person or persons named or otherwise identified in the warrant and with
any necessary equipment-

   (a)  to enter the premises specified in the warrant; and

   (b)  to search for an animal, or an animal of a particular kind, named or
        referred to in the warrant; and





   (c)  to seize an animal, or an animal of a particular kind, named or
        referred to in the warrant, and to take the animal to any place that
        the inspector thinks fit; and

   (d)  to retain possession of any animal seized for the time specified in
        the warrant; and

   (e)  to examine or inspect an animal, or an animal of a particular kind,
        named or referred to in the warrant, that is found in or on the
        premises, to determine if the animal requires treatment by a
        veterinary practitioner; and

   (f)  to feed and water an animal, or an animal of a particular kind, named
        or referred to in the warrant, that is found in or on the premises;
        and

   (g)  to free an animal, or an animal of a particular kind, named or
        referred to in the warrant, from an entanglement, tether or bog in or
        on the premises; and

   (h)  to take and keep samples of or from an animal, or an animal of a
        particular kind, named or referred to in the warrant; and

        (i)    to take photographs (including video recordings) or make
               sketches of an animal, or an animal of a particular kind, named
               or referred to in the warrant, or other thing on the premises;
               and

   (j)  to open any container at the premises for the purpose of inspecting,
        or taking a sample of, its contents, but must reseal the container
        after the inspection is made or the sample is taken.