Animal Welfare Act 1993

An officer may, without warrant, enter, search and inspect any premises, other than premises or a part of premises being used as a dwelling, if the officer reasonably believes that there is on the premises an animal in respect of which an offence under this Act has been, or is being, committed.

Despite subsection (1), an officer may, without warrant, enter, search and inspect any premises, including premises or a part of premises being used as a dwelling, if the officer reasonably believes that – an emergency exists that – causes, or threatens to cause, injury, illness or distress to an animal on the premises; or places, or is likely to place, the premises at risk; and there is on the premises, or in the dwelling, an animal that is in need of assistance.

An officer, authorized by the Minister to do so, may, at any reasonable time enter, search and inspect any premises where animals are sold, presented for sale, assembled or kept for commercial purposes.

An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes – is being, or has been, used in committing an offence against this Act; or is evidence that an offence is being, or has been, committed against this Act.

If a magistrate or justice is satisfied on application made on oath by an officer that– an animal is in premises or a part of any premises being used as a dwelling; and the officer reasonably believes that an offence under this Act has been or is being committed in respect of that animal– the magistrate or justice may grant a warrant authorizing the officer named in the warrant to enter, search and inspect those premises and seize anything the officer reasonably believes is being, or has been, used in committing the offence.

If a magistrate or justice is satisfied on application made on oath by an officer that the officer reasonably believes that there is evidence on the premises, or a part of the premises, that relates to an offence under this Act, the magistrate or justice may grant a warrant authorising the officer named in the warrant – to enter, search and inspect those premises; and seize anything the officer reasonably believes may be evidence that relates to an offence under this Act.

A search warrant issued under this section – is to be in accordance with the Search Warrants Act 1997; and may only authorise and name, in that search warrant, an officer – who is a police officer; or who is authorised, in writing by the Minister, to execute a search warrant under this Act.

In entering, searching and inspecting premises, an officer may – use such force as is reasonably necessary; and be accompanied by such assistants as the officer considers necessary; and stop any vehicle or conveyance.

In entering, searching and inspecting premises, an officer may inspect or examine any animal on the premises.

An assistant in the company of an officer has the same powers under this section as the officer.

In this section, a reference to an animal includes a reference to the animal whether alive or dead.

For the purposes of this section, a premises, or a part of a premises – is being used as a dwelling if a person ordinarily resides in that premises or that part of the premises; and is not being used as a dwelling if that premises, or that part of the premises, is a building or an area of land that is around or underneath premises, or a part of a premises, to which paragraph (a) applies.