Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24Q

Seizure of things not mentioned in the warrant and taking of samples

24Q. Seizure of things not mentioned in the warrant and taking of samples



(1) A search warrant issued under this Part authorises an inspector executing
the warrant, in addition to the seizure of any animal or other thing of the
kind described in the warrant, to seize-

   (a)  any animal that is not described in the warrant or that is not of a
        kind described in the warrant, if the inspector believes, on
        reasonable grounds-

   (i)  that the welfare of the animal is at risk; or

   (ii) that the person in charge of the animal 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; or

   (iii) that the animal is of a kind that could have been included in a
        search warrant issued under this Part and that will afford evidence of
        a contravention of this Act or regulations made under this Act; or

   (iv) that it is necessary to seize the animal in order to prevent its
        concealment, loss or destruction or the contravention of this Act or
        regulations under this Act;

   (b)  any thing (that is not an animal) which is not of the kind described
        in the warrant if the inspector believes, on reasonable grounds-

   (i)  that the thing is of a kind that could have been included in a search
        warrant issued under this Part and that will afford evidence about the
        contravention of this Act or regulations under this Act; and

   (ii) that it is necessary to seize that thing in order to prevent its
        concealment, loss or destruction or its use in the contravention of
        this Act or regulations under this Act.

(2) A search warrant issued under this Part authorises an inspector executing
the warrant, in addition to seizing a thing of the kind described in the
warrant, to take a sample of or from any thing that is not of the kind
described in the warrant if the inspector believes, on reasonable grounds,
that the thing is of a kind-

   (a)  that could have been included in a search warrant issued under this
        Part; and

   (b)  that will afford evidence about the contravention of this Act or
        regulations under this Act.







Division 6-Duties and powers as to seized animals