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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ANIMALS PROTECTION
AMENDMENT BILL 1999
Queensland
ANIMALS PROTECTION AMENDMENT
BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 9 (Officer may enter and inspect) . . . . . . . . . . . . . . . . . . . 5
5 Insertion of new ss 9A-9E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9A Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9B Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9C Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9D Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9E Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 11 (Power to seize animals etc.) . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
25 Transitional provision for certain officers . . . . . . . . . . . . . . . . . . . . . 10
1999
A BILL
FOR
An Act to amend the Animals Protection Act 1925
s1 4 s3
Animals Protection Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Animals Protection Amendment Act 1999. 3
amended 4
Act
Clause 2. This Act amends the Animals Protection Act 1925. 5
of s 3 (Interpretation) 6
Amendment
Clause 3.(1) Section 3-- 7
insert-- 8
` "identity card", for an officer who is an inspector, means a document 9
issued by the RSPCA to the inspector that-- 10
(a) contains a recent photograph of the inspector; and 11
(b) is signed by the inspector; and 12
(c) identifies the inspector as an officer under this Act. 13
"inspector" means a person who-- 14
(a) is employed or engaged by the RSPCA; and 15
(b) has a relevant qualification; and 16
(c) is appointed by the RSPCA to be an inspector for this Act. 17
"occupier", of a place, includes a person who reasonably appears to be the 18
occupier, or in charge of, the place. 19
"place" includes any land and premises. 20
"premises" includes-- 21
(a) a dwelling, building or other structure; and 22
(b) a part of a dwelling, building or other structure. 23
s4 5 s5
Animals Protection Amendment
"public place" means a place that the public is entitled to use, is open to the 1
public or is used by the public, whether or not on payment of money. 2
"relevant qualification" means a qualification, or veterinary or animal 3
husbandry experience, the RSPCA considers is appropriate to exercise 4
the powers of an officer. 5
"RSPCA" means the Royal Society for the Prevention of Cruelty to 6
Animals Queensland.'. 7
(2) Section 3, definition "officer", from `the following' to `inspectors'-- 8
omit, insert-- 9
`an inspector'. 10
of s 9 (Officer may enter and inspect) 11
Amendment
Clause 4. Section 9(2)-- 12
omit, insert-- 13
`(2) However, an officer may enter a place under subsection (1) only if-- 14
(a) its occupier consents to the entry; or 15
(b) the entry is authorised by a warrant; or 16
(c) it is a public place and the entry is made when it is open to the 17
public. 18
`(3) For the purpose of asking the occupier of a place for consent to enter, 19
an officer may, without the occupier's consent or a warrant-- 20
(a) enter land around premises at the place to an extent that is 21
reasonable to contact the occupier; or 22
(b) enter part of the place the inspector reasonably considers 23
members of the public ordinarily are allowed to enter when they 24
wish to contact the occupier.'. 25
of new ss 9A-9E 26
Insertion
Clause 5. After section 9-- 27
insert-- 28
s5 6 s5
Animals Protection Amendment
with consent 1
`Entry
`9A.(1) This section applies if an officer intends to ask an occupier of a 2
place to consent to the officer or another officer entering the place under 3
section 9(2)(a). 4
`(2) Before asking for consent, the officer must tell the occupier-- 5
(a) the purpose of the entry; and 6
(b) that the occupier is not required to consent. 7
`(3) If the consent is given, the officer may ask the occupier to sign an 8
acknowledgment of the consent. 9
`(4) The acknowledgment must state-- 10
(a) the occupier has been told-- 11
(i) the purpose of the entry; and 12
(ii) that the occupier is not required to consent; and 13
(b) the purpose of the entry; and 14
(c) the occupier gives the officer consent to enter the place and 15
exercise the officer's powers under this Act; and 16
(d) the time and date the consent was given. 17
`(5) If the occupier signs the acknowledgment, the officer must promptly 18
give a copy to the occupier. 19
`(6) A court must find the occupier of a place did not consent to an 20
officer entering the place under this Act if-- 21
(a) an issue arises in a proceeding before the court whether the 22
occupier of the place consented to the entry under section 9(2)(a); 23
and 24
(b) an acknowledgment mentioned in subsection (4) is not produced 25
in evidence; and 26
(c) it is not proved by the person relying on the lawfulness of the 27
entry that the occupier consented to the entry. 28
s5 7 s5
Animals Protection Amendment
for warrant 1
`Application
`9B.(1) An officer may apply to a magistrate for a warrant for a place. 2
`(2) The application must be sworn and state the grounds on which the 3
warrant is sought. 4
`(3) The magistrate may refuse to consider the application until the officer 5
gives the magistrate all the information the magistrate requires about the 6
application in the way the magistrate requires. 7
8
Example--
9
The magistrate may require additional information supporting the application be
10
given by statutory declaration.
of warrant 11
`Issue
`9C.(1) The magistrate may issue a warrant only if the magistrate is 12
satisfied there are reasonable grounds for suspecting-- 13
(a) there is an animal, thing or activity (the "evidence") that may 14
provide evidence of an offence against this Act; and 15
(b) the evidence is at the place, or may be at the place, within the next 16
7 days. 17
`(2) The warrant must state-- 18
(a) that a stated officer may, with necessary and reasonable help and 19
force-- 20
(i) enter the place and any other place necessary for entry; and 21
(ii) exercise the officer's powers under this Act; and 22
(b) the offence for which the warrant is sought; and 23
(c) the hours of the day or night when the place may be entered; and 24
(d) the date, within 7 days after the warrant's issue, the warrant ends. 25
warrants 26
`Special
`9D.(1) An officer may apply for a warrant (a "special warrant") by 27
phone, fax, radio or another form of communication if the officer considers 28
it necessary because of-- 29
s5 8 s5
Animals Protection Amendment
(a) urgent circumstances; or 1
(b) other special circumstances, including, for example, the officer's 2
remote location. 3
`(2) Before applying for the special warrant, the officer must prepare an 4
application stating the grounds on which the warrant is sought. 5
`(3) The officer may apply for the special warrant before the application 6
is sworn. 7
`(4) After issuing the special warrant, the magistrate must immediately 8
fax a copy ("facsimile warrant") to the officer if it is reasonably practicable 9
to fax the copy. 10
`(5) If it is not reasonably practicable to fax a copy to the officer-- 11
(a) the magistrate must tell the officer-- 12
(i) what the terms of the special warrant are; and 13
(ii) the date and time the warrant was issued; and 14
(b) the officer must complete a form of warrant (a "warrant form") 15
and write on it-- 16
(i) the magistrate's name; and 17
(ii) the date and time the magistrate issued the warrant; and 18
(iii) the terms of the warrant. 19
`(6) The facsimile warrant, or the warrant form properly completed by 20
the officer, authorises the entry and the exercise of the other powers stated in 21
the special warrant. 22
`(7) The officer must, at the first reasonable opportunity, send to the 23
magistrate-- 24
(a) the sworn application; and 25
(b) if the officer completed a warrant form, the completed warrant 26
form. 27
`(8) On receiving the documents, the magistrate must attach them to the 28
special warrant. 29
`(9) A court must find the exercise of the power by an officer was not 30
authorised by a special warrant if-- 31
s6 9 s6
Animals Protection Amendment
(a) an issue arises in a proceeding before the court whether the 1
exercise of the power was authorised by the special warrant; and 2
(b) the special warrant is not produced in evidence; and 3
(c) it is not proved by the person relying on the lawfulness of the 4
entry that the officer obtained the warrant. 5
before entry 6
`Warrants--procedure
`9E.(1) This section applies if an officer named in a warrant issued under 7
this Act for a place is intending to enter the place under the warrant. 8
`(2) Before entering the place, the officer must do or make a reasonable 9
attempt to do the following things-- 10
(a) identify himself or herself to a person present at the place who is 11
an occupier of the place; 12
(b) give the person a copy of the warrant or if the entry is authorised 13
by a facsimile warrant or warrant form mentioned in 14
section 9D(6), a copy of the facsimile warrant or warrant form; 15
(c) tell the person the officer is permitted by the warrant to enter the 16
place; 17
(d) give the person an opportunity to allow the officer immediate 18
entry to the place without using force. 19
`(3) For subsection (2)(a), an officer, other than a police officer, must 20
produce the officer's identity card to the person for inspection.1 21
`(4) However, the officer need not comply with subsection (2) if the 22
officer believes on reasonable grounds that immediate entry to the place is 23
required to ensure the effective execution of the warrant is not frustrated.'. 24
of s 11 (Power to seize animals etc.) 25
Amendment
Clause 6.(1) Section 11(4), after `animal'-- 26
insert-- 27
1 For a police officer, see the Police Powers and Responsibilities Act 1997,
section 112 (Supplying police officer's details etc.).
s7 10 s7
Animals Protection Amendment
`or anything else'. 1
(2) Section 11(4A)-- 2
omit. 3
of new s 25 4
Insertion
Clause 7. After section 24-- 5
insert-- 6
provision for certain officers 7
`Transitional
`25.(1) This section applies to a person who, immediately before the 8
commencement of this section, was an officer because of the person's 9
employment by the RSPCA as the chief inspector or an inspector. 10
`(2) On the commencement, the person is taken to have been appointed 11
by the RSPCA to be an inspector for this Act. 12
`(3) For subsection (2), the person is taken to have a relevant 13
qualification. 14
`(4) Unless earlier revoked, the person's appointment under 15
subsection (2) continues to have effect only for 2 years from the 16
commencement.'. 17
18
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