Australian Capital Territory Current Acts

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DOMESTIC ANIMALS ACT 2000 - SECT 133

Search warrants

    (1)     This section applies if—

        (a)     an information is laid before a magistrate alleging that an authorised person has reasonable grounds for suspecting that there may be on any premises an animal or a thing of a particular kind connected with a particular offence against this Act; and

        (b)     the information sets out those grounds.

    (2)     A magistrate may issue a search warrant authorising the authorised person named in the warrant, with necessary and reasonable assistance and force—

        (a)     to enter the premises described in the warrant; and

        (b)     to search the premises for the animal or thing of the kind mentioned in subsection (1) (a); and

        (c)     to exercise any of the powers listed in section 131 (Inspection of premises) in relation to the animal or thing.

    (3)     A magistrate may issue a warrant only if—

        (a)     the informant or someone else has given the magistrate, either orally on oath or by affidavit, additional information that the magistrate requires about the grounds on which the issue of the warrant is being sought; and

        (b)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

    (4)     A warrant must—

        (a)     state the purpose for which it is issued, including a reference to the nature of the offence in relation to which the entry and search is authorised; and

        (b)     state that the entry is authorised at any time of the day or night, or state the hours during which the entry is authorised; and

        (c)     include a description of the kind of animal or things in relation to which the powers mentioned in section 131 may be exercised; and

        (d)     state a date, not later than 1 month after the date when the warrant is issued, when the warrant ceases to have effect.

    (5)     An authorised person may exercise a power under a warrant in relation to a related thing if, when searching under the warrant for a thing of a particular kind connected with a particular offence, the authorised person finds the related thing.

    (6)     In subsection (5):

"related thing" means—

        (a)     a thing the authorised person reasonably believes to be connected with—

              (i)     the offence, although not a thing of the kind stated in the warrant; or

              (ii)     another offence against this Act; and

        (b)     a thing in relation to which the authorised person is reasonably satisfied it is necessary to exercise any of the powers mentioned in section 128 (1) (e) (i) to prevent the committing, continuing or repeating of an offence under this Act.



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