Victorian Numbered Acts

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LIVESTOCK MANAGEMENT ACT 2010 (NO. 15 OF 2010) - SECT 32

Application for search warrants

    (1)     This section applies if an inspector believes on reasonable grounds that—

        (a)     a person or persons in connection with a place may have contravened this Act, the regulations or a prescribed livestock management standard; and

        (b)     the inspector has been, or is likely to be, refused entry to that place.

    (2)     An inspector, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to a specified place.

    (3)     If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the inspector that there are reasonable grounds to believe that—

        (a)     it is reasonably necessary that the inspector should have access to the place for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act; and

        (b)     a contravention of this Act, the regulations or a prescribed livestock management standard has been or is suspected to have been committed, or is being or is likely to be committed within 72 hours—

the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment—

        (c)     to enter the place specified in the warrant, by force if necessary; and

        (d)     to exercise all or any of the powers set out in Division 3.



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