Powers of entry with warrant
82 Powers of entry with warrant
A person appointed for that purpose by the Board may apply to a magistrate for the issue of a search warrant in relation to particular premises if that person believes, on reasonable grounds—
that there is or has been a contravention of this Act or the regulations on the premises; or
that entry into or onto the premises is necessary for the purpose of investigating a complaint made under this Act which, if substantiated, may provide grounds for the suspension or cancellation of registration of a registered veterinary practitioner.
S. 82(2) amended by No. 6/2018 s. 68(Sch. 2 item 131.2).
If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit, that there are reasonable grounds for suspecting that there is on the premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations or of grounds for the suspension or cancellation of the registration of a veterinary practitioner, the magistrate may issue a search warrant authorising any person named in the warrant—
to enter the premises, or the part of the premises, named or described in the warrant; and
to search for and seize a thing named or described in the warrant; and
to bring the thing before the Court so that the matter may be dealt with according to law.
In addition to any other requirement, a search warrant issued for the purposes of this section must state—
the offence or grounds of suspension or cancellation suspected; and
the premises to be searched; and
a description of the thing to be searched for; and
any conditions to which the warrant is subject; and
whether entry is authorised to be made at any time or during stated hours; and
a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.
A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in a form prescribed under that Act.
The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.
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