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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36D Seizure and samples of things not mentioned in the warrant

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36D

Seizure and samples of things not mentioned in the warrant

    (1)     A search warrant issued under this Division authorises an authorised officer executing the warrant, in addition to seizing any thing or kind of thing named or described in the warrant, to seize any thing that is not an animal if the authorised officer believes on reasonable grounds—

        (a)     that the thing is of a kind that could have been included in a search warrant issued under this Division and that will afford evidence about a contravention of Part 3 or regulations made under Part 3; and

        (b)     that it is necessary to seize the thing in order to prevent its concealment, loss or destruction or its use in the contravention of Part 3 or regulations made under Part 3.

    (2)     A search warrant issued under this Division authorises an authorised officer executing the warrant, in addition to seizing any thing or kind of thing named or described in the warrant, to take a sample of or from any thing (including from an animal), if the authorised officer believes, on reasonable grounds, that—

        (a)     the thing is of a kind that could have been included in a search warrant issued under this Division; and

        (b)     the sample will afford evidence about a contravention of Part 3 or regulations made under Part 3.

Division 3—Duties and powers as to seized things

S. 36E inserted by No. 60/2015 s. 47.