Victorian Current Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36C

S. 36C(1) amended by No. 6/2018 s. 68(Sch. 2 item 100.2).

    (1)     If a magistrate is satisfied by the evidence, on oath or by affirmation or by affidavit, that there is on the premises specified in an application under section 36B any thing, or kind of thing, connected with a contravention of Part 3 or regulations made under Part 3, the magistrate may issue the search warrant applied for in accordance with the Magistrates' Court Act 1989 .

    (2)     A search warrant issued under subsection (1) may authorise a person authorised in the warrant to execute the warrant to do any of the following—

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

        (b)     to search for any thing, or kind of thing, named or described in the warrant;

        (c)     to seize any thing, or kind of thing, (other than an animal) named or described
in the warrant which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention;

        (d)     to do all or any of the following in relation
to any thing that is, or is of a kind, named or described in the warrant and which the authorised officer believes, on reasonable grounds, to be connected with the alleged contravention—

              (i)     secure the thing against interference;

              (ii)     examine, inspect and take and keep samples of or from the thing;

        (e)     in the case of any document, or document of a particular kind, named or described in the warrant, if the authorised officer believes, on reasonable grounds, that the document is connected with the alleged contravention—

              (i)     require the document to be produced for inspection;

              (ii)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts;

              (iii)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

        (f)     make any still or moving image or audio‑visual recording of any thing of a particular kind named or described in the warrant, if the authorised officer believes on reasonable grounds that it is connected with the alleged contravention.

    (3)     A search warrant issued under subsection (1)—

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

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

S. 36D inserted by No. 60/2015 s. 47.