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ANIMAL CARE AND PROTECTION ACT 2001 - SECT 112
Procedure for entry without consent if person in control or occupier present
112 Procedure for entry without consent if person in control or occupier
present
(1) This section applies if— (a) an authorised officer is intending to enter
a vehicle under section 111 (b) ; and
(b) a person who is a person in
control, or an occupier of, the vehicle is present at the vehicle.
(2) Before
entering the vehicle, the officer must do, or make a reasonable attempt to do,
each of the following things— (a) comply with section 105 for the person;
(b) tell the person the purpose of the entry;
(c) seek the consent of the
person to the entry;
(d) tell the person the officer is permitted under this
Act to enter the vehicle without the person’s consent.
(3) If the person in
control of the vehicle is not present at the vehicle, the officer must take
reasonable steps to advise the person or any registered operator of the
vehicle of the officer’s intention to enter the vehicle.
(4) Subsection (3)
does not require the officer to take a step the officer reasonably believes
may frustrate or otherwise hinder the performance of the officer’s functions
or the purpose of the intended entry.
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