South Australian Numbered Acts South Australian Numbered Acts13—Insertion of Part 3 Division 1
Before section 26 insert:
Division 1—Authorised persons
25A—Appointment of authorised persons
(1) The Board or a council may appoint suitable persons (other than members of the council) to be authorised persons for the purposes of this Act.
(2) An appointment may be made subject to conditions specified in the instrument of appointment.
(3) The appointment of an authorised person by the Board or a council may, at any time, be revoked, or the conditions of appointment varied or revoked, by—
(a) if the authorised person was appointed by the Board—the Board; or
(b) if the authorised person was appointed by a council—the council.
25B—Identification of authorised persons
(1) An authorised person appointed by the Board or a council must be issued with an identity card in a form approved by the Board.
(2) If the powers of the authorised person have been limited by conditions, the identity card issued to the person must contain a statement of those conditions.
(3) An authorised person appointed by the Board or a council must, at the request of a person in relation to whom the person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card.
25C—Area limitation on authorised persons appointed by councils
An authorised person appointed by a council may (subject to any conditions of the appointment of the person) exercise powers under this Act—
(a) within the area of the council; or
(b) outside the area of the council for the purposes of—
(i) seizing or destroying a dog or cat under this Act that has been pursued from within the area of the council; or
(ii) investigating an offence against this Act committed, or suspected to have been committed, within the area of the council; or
(c) within the area of another council pursuant to an arrangement between the councils or at the request of an authorised person appointed by the other council.
Note—
This section does not apply to authorised persons appointed by the Board.
25D—General powers of authorised persons
(1) An authorised person may (subject to any conditions of the appointment of the person) for the purposes of the administration or enforcement of this Act—
, enter and inspect any place or vehicle and use such force as may be reasonably necessary to gain entry; or
(b) require a person to produce a dog or cat in the person's possession or control for inspection; or
(c) require a person who owns or is responsible for the control of a dog or cat to produce evidence that the dog or cat is microchipped or desexed or both; or
(d) require a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act; or
(e) examine, copy or take extracts from documents or information so produced or require a person to provide a copy of any such document or information; or
(f) carry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act; or
(g) subject to Part 5A, seize and retain anything that the authorised person reasonably suspects may constitute evidence of a contravention of this Act; or
(h) require a person whom the authorised person reasonably suspects to have committed, or to be committing or about to commit, any breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or
(i) require a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; or
(j) give expiation notices to persons alleged to have committed expiable offences under this Act; or
(k) give any directions reasonably required in connection with the exercise of a power conferred above or otherwise in connection with the administration or enforcement of this Act.
(2) An authorised person cannot exercise the power conferred by subsection (1)(a)
except—
(a) with the consent of the owner or occupier of the place or the owner or person in charge of the vehicle; or
(b) on the authority of a warrant issued by a justice; or
(c) to seize a dog found wandering at large; or
(d) to seize a dog under this Act in circumstances in which the authorised person believes on reasonable grounds that urgent action is required.
(3) A justice must not issue a warrant under subsection (2)
unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.
(4) An application for a warrant under this section cannot be made to a justice who is a member, officer or employee of a council.
(5) In the exercise of powers under this Act, an authorised person may be assisted by such persons, and may use such equipment or materials, as he or she considers necessary in the circumstances.
Division 2—Council responsibility for administration and enforcement