South Australian Current Acts

ANIMAL WELFARE ACT 1985 - SECT 30

30—General powers

        (1)         An inspector may—

            (a)         enter and search and, if necessary, use reasonable force to break into or open—

                  (i)         premises or a vehicle to which this section applies; or

                  (ii)         part of, or anything in or on, premises or a vehicle to which this section applies; and

            (b)         give directions with respect to the stopping or movement of a vehicle to which this section applies; and

            (c)         require a person to produce a document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; and

            (d)         examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and

            (e)         take photographs, films or audio, video or other recordings; and

            (f)         seize and retain any animal or other thing that the inspector reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and

            (g)         identify, by marking, tagging or otherwise, an animal or other property in respect of which powers have been exercised under this Act; and

            (h)         require a person who the inspector reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and

                  (i)         require a person who the inspector reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters; and

            (j)         require a person holding or required to hold a licence, permit or approval under this Act to produce it for inspection; and

            (k)         give a direction required in connection with the exercise of a power conferred by this Act or otherwise in connection with the administration or enforcement of this Act.

        (2)         An inspector—

            (a)         may only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and

            (b)         may only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by a magistrate or in circumstances in which the inspector reasonably believes that urgent action is required in order to prevent or mitigate serious harm occurring to an animal.

        (3)         An inspector may be assisted in the exercise of powers under this Act by such persons as the inspector considers necessary in the circumstances.

        (4)         An inspector may require an occupier of premises or a person apparently in charge of a vehicle, animal or other thing to give to the inspector or a person assisting the inspector such assistance as is reasonably required by the inspector for the effective exercise of powers under this Act.

        (5)         This section applies to the following premises and vehicles:

            (a)         premises or a vehicle in or on which an inspector reasonably suspects that an offence against this Act has been, is being or is about to be, committed;

            (b)         premises or a vehicle in or on which an inspector reasonably suspects there is an animal that is being, or has been, harmed unnecessarily or that will, if urgent action is not taken, be harmed unnecessarily;

            (c)         premises or a vehicle subject to, or being used for the purposes of an activity that is the subject of, a licence, permit or approval under this Act;

            (d)         premises or a vehicle in or on which an inspector reasonably suspects there is an animal in respect of which an animal welfare notice or animal welfare order is in force;

            (e)         premises or a vehicle that an inspector reasonably suspects is being used for or in connection with a business, or organised event or activity, involving animals;

            (f)         premises or a vehicle in which an inspector reasonably suspects there may be records relating to a business or organised event or activity involving animals or an animal or other thing that has been used in, or may constitute evidence of, a contravention of this Act.