Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 122

122 Power of entry

(1) An inspector may enter and stay at a place, other than a vehicle, if—

(a) its occupier consents to the entry; or

(b) it is a public place and the entry is made when it is open to the public; or

(c) the entry is authorised by a warrant; or

(d) its occupier has been given an animal welfare direction and the entry is made at a time or interval stated in the direction to check compliance with the direction; or

(e) the inspector reasonably suspects—

(i) an animal at the place has just sustained a severe injury; and

(ii) the injury is likely to remain untreated, or untreated for an unreasonable period; or

(f) the inspector reasonably suspects there is an imminent risk of death or injury to an animal at the place because of an accident or from an animal welfare offence; or

Examples of imminent risk of death or injury to an animal—

1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs

2 the beating or torture of an animal at the place

(g) the inspector reasonably suspects any delay in entering the place will result in the concealment, death, or destruction of anything at the place that is—

(i) evidence of an animal welfare offence; or

(ii) being used to commit, continue or repeat, an offence; or

(h) the inspector reasonably suspects an animal at the place has been abandoned; or

(i) the place is a livestock slaughter facility and the entry is made when a horse is present at the facility and during normal business hours.

(2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—

(a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3) For subsection (1) (h), an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal.

Example—

a person providing food and water to a dog that has been abandoned near the person’s premises