Application for search warrants
32 Application for search warrants
This section applies if an inspector believes on reasonable grounds that—
a person or persons in connection with a place may have contravened this Act, the regulations or a prescribed livestock management standard; and
the inspector has been, or is likely to be, refused entry to that place.
An inspector, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to a specified place.
S. 32(3) amended by No. 6/2018 s. 68(Sch. 2 item 79).
If a magistrate is satisfied, by the evidence, on oath or by affirmation or by affidavit, of the inspector that there are reasonable grounds to believe that—
it is reasonably necessary that the inspector should have access to the place for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act; and
a contravention of this Act, the regulations or a prescribed livestock management standard has been or is suspected to have been committed, or is being or is likely to be committed within 72 hours—
the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—
to enter the place specified in the warrant, by force if necessary; and
to exercise all or any of the powers set out in Division 3.
This provision refers to the regulations (the regulations
). Made under this Act:
- Livestock Management Regulations 2021 · under section 63
This Act’s bill:Explanatory memorandumSecond reading speech
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