Northern Territory Numbered Acts

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Power of entry

    (1)     An authorised officer may enter premises:

    (a)     with the consent of the occupier obtained under section 84 ; or

    (b)     under a search warrant issued under section 85 ; or

    (c)     without the occupier's consent or the authority of a warrant if justified under subsection (2).

    (2)     The entry is justified without the consent or warrant if:

    (a)     the entry is to the surrounding area or yard of any building, or any other place that does not constitute a building, and the officer is entering to determine whether an animal is suffering; or

    (b)     the officer believes on reasonable grounds that the premises are being used for greyhound racing, or any training or other practice or purpose in relation to greyhound racing, and the entry is undertaken at a reasonable time; or

    (c)     the entry is to premises where a registered person is keeping or using animals for scientific purposes and the entry is undertaken at a reasonable time; or

    (d)     an animal welfare direction has been issued to the occupier and the entry is made to check compliance with the direction; or

    (e)     without limiting paragraphs (a) to (d), the officer believes on reasonable grounds that the circumstances are so serious and urgent as to require the immediate exercise of a power under this Division.

    (3)     An authorised officer must give an occupier at least 48 hours advance notice of the officer's intention to enter the premises to conduct an inspection unless:

    (a)     the officer is acting under a search warrant; or

    (b)     the officer is acting under subsection (2)(a) or (c); or

    (c)     the occupier agrees to a shorter notice period.

    (4)     However, before acting under subsection (2)(a), the authorised officer must take reasonable steps to contact an occupier of the premises about the inspection.

    (5)     Subsection (3) does not apply to the following:

(a)     a motor vehicle;

    (b)     a trailer or caravan;

    (c)     an aircraft;

    (d)     a boat or other vessel;

    (e)     a train or rolling stock on, or for use on, a railway.

    (6)     The amount of any reasonable expenses incurred in gaining access to premises may be recovered by the Territory from the occupier of the premises as a debt owed to the Territory.

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