Victorian Current Acts

DOMESTIC ANIMALS ACT 1994 - SECT 76D

S. 76D(1) amended by No. 69/2017 s. 58(1).

    (1)     A Council authorised officer who has obtained the approval of the Secretary under section 76C, may apply to a magistrate for the issue of a search warrant in relation to premises referred to in section 76C if the authorised officer believes on reasonable grounds that a document that is relevant to determining whether an offence has been committed against section 41EB in the municipal district of the Council is in or on the premises and has not been produced or made available under a notice under section 76B.

S. 76D(2) amended by Nos 69/2017 s. 58(2), 6/2018 s. 68(Sch. 2 item 41).

    (2)     If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, of the authorised officer that there are reasonable grounds to believe that there is in or on the premises a document that is relevant to determining whether a person has committed an offence against section 41EB, which has not been produced or made available under a notice under section 76B, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising a Council authorised officer authorised in the warrant to execute the warrant, and with any necessary equipment—

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

        (b)     to do all or any of the following—

              (i)     search for;

              (ii)     secure against interference;

              (iii)     examine, inspect and take a copy or make an extract of—

the document named or described in the warrant, which the authorised officer believes on reasonable grounds to be relevant to determining whether an offence has been committed against section 41EB.

S. 76D(2A) inserted by No. 69/2017 s. 58(3).

    (2A)     A search warrant issued under subsection (2)—

        (a)     may authorise a Council authorised officer of the Council to execute the warrant; and

        (b)     may authorise any other person named or otherwise identified in the warrant to assist the Council authorised officer to execute the warrant.

S. 76D(3) amended by No. 69/2017 s. 58(4).

    (3)     A Council authorised officer of a Council may apply for, and a magistrate may issue, a warrant under this section authorising the authorised officer to enter a premises that is not in the municipal district of the Council that appointed the authorised officer and the authorised officer may enter that premises despite section 224(7) of the Local Government Act 1989 .

    (4)     Sections 84EB, 84F and 84G apply to a search warrant issued under this section as if it were a search warrant issued under Part 7A.

Pt 7A (Heading) amended by No. 8/2014 s. 17.

Pt 7 Div. 2 (Heading and ss 77– 84) amended by Nos 52/1998 s. 311(Sch. 1 item 21.2), 87/2000
ss 31– 34, 83/2001
ss 18– 20, 29, 30, 103/2003 ss 17– 19, 50/2005
ss 11, 12, 76/2005 s. 21, substituted as Pt 7A (Headings and ss 77– 84ZA) by No. 65/2007 s. 29.

Part 7A—Powers to seize and dispose of dogs or cats and related matters

Pt 7A Div. 1 (Heading and s. 77), amended by No. 65/2007 s. 29, repealed by No. 69/2017 s. 59.

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Division 2—Seizure of dogs or cats

S. 78 substituted by No. 65/2007 s. 29.