ANIMAL WELFARE ACT 2002 - SECT 48

ANIMAL WELFARE ACT 2002 - SECT 48

48 .         Performance of an inspector’s functions

        (1)         When performing a function under this Act an inspector may be accompanied or assisted by a person requested by the inspector to assist.

        (2)         A person accompanying or assisting an inspector may exercise a function of the inspector if, and to the extent, authorised by the inspector.

        (3)         A general inspector accompanying or assisting a scientific inspector under subsection (1) may exercise the general inspector’s functions under this Act if, and to the extent, authorised by the scientific inspector.

        (4)         Subject to subsection (5), if an inspector is permitted under this Act to do an act in relation to an animal that is an act of veterinary medicine, the inspector must ensure that the act is done by a veterinarian.

        (4A)         In subsection (4) —

        veterinary medicine has the meaning given in the Veterinary Practice Act 2021 section 3.

        (5)         Subsection (4) does not apply to an inspector acting under section 41 if, in the inspector’s opinion, it is not reasonable to wait until a veterinarian is able to do the act.

        (6)         When performing a function under this Act an inspector or person assisting an inspector must —

            (a)         take reasonable precautions to avoid the spread of disease; and

            (b)         cause as little damage as is reasonably practicable to property; and

            (c)         cause as little disruption as is reasonably practicable to any business or activity that is being carried on in accordance with this Act.

        [Section 48 amended: No. 19 of 2021 s. 226(5) and (6).]