Member of Board etc. may enter and inspect etc.
77A Member of Board etc. may enter and inspect etc.
S. 77A(1) amended by No. 17/2016 s. 8(1), substituted byNo. 37/2018 s. 32(1).
Subject to this section, a member of the Board or an officer authorised by the Board in writing for the purpose (whether generally or in any specific case) may enter the following premises for the purposes of enforcing or determining compliance with this Act and the rules—
premises used by a registered greyhound club;
premises used for the purpose of kennelling or breeding greyhounds;
premises where greyhounds are kept, whelped, reared, educated, trained, trialled or raced.
S. 77A(2) inserted by No. 83/1995 s. 7(2), amended by No. 17/2016 s. 8(1), substituted byNo. 37/2018 s. 32(1).
A member of the Board or an officer authorised by the Board who enters a premises under this section may do any of the following for the purposes of enforcing or determining compliance with this Act and the rules—
inspect the premises and any greyhound in or on the premises;
inspect, and make copies of, or take extracts from, any document kept at the premises;
take photographs (including audio, video or digital recordings) at the premises;
take and keep samples from any greyhound;
take and keep samples of any thing or any substance in or on the premises;
if it is not practicable to take and keep samples of a substance under paragraph (e), take and keep containers used for the storage and administration of the substance;
mark, tag or otherwise identify a greyhound on the premises.
S. 77A(2A) inserted by No. 17/2016 s. 8(2).
A member of the Board or any officer authorised by the Board may enter premises and exercise any other power under this section—
during the period commencing one hour before sunrise and ending one hour after sunset; and
at any other time if the Board believes on reasonable grounds that a person has contravened or is contravening this Act or the rules at or on the premises.
S. 77A(3) inserted by No. 83/1995 s. 7(2).
A person authorised by the Board may not exercise any power under this section if the person fails to produce, on request, his or her identity card for inspection by the occupier of the premises.
S. 77A(4) inserted by No. 83/1995 s. 7(2).
A person authorised by the Board may not, under this section, enter a residence unless the occupier of the residence has consented in writing to the entry and inspection.
S. 77A(5) inserted by No. 83/1995 s. 7(2).
An occupier who consents in writing to entry and inspection of his or her residence under this section must be given a copy of the signed consent immediately.
S. 77A(6) inserted by No. 83/1995 s. 7(2).
If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and inspection.
S. 77A(7) inserted by No. 37/2018 s. 32(2).
An officer authorised by the Board who is exercising any power under this section is subject to the Surveillance Devices Act 1999.
No. 6070 s. 78.
S. 78 amended by Nos 7621 s. 5, 8209 s. 21(1)(b), substituted by No. 83/1995 s. 8, repealed by No. 16/2001 s. 17, new s. 78 inserted by No. 17/2016 s. 9.
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