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Justice of the Peace (qualified) Queensland

An unofficial reference based on the duties of Justices of the Peace (Qualified)
The Queensland Government holds copyright for all the material referenced on this site

warrants - animal care and protection act 2001

This file last saved 11 August, 2019 10:40

background

1. The Animal Care and Protection Act 2001 promotes the responsible care and use of animals and protects animals from cruelty. A warrant under the Act allows an inspector to enter a premise named in the warrant to search for evidence of an offence described by the Act.

issuing a warrant under the act

2. Inspectors from the Royal Society for the Prevention of Cruelty to Animals (RSPCA) or Biosecurity Queensland (a service of the Department of Agriculture, Fisheries and Forestry) to hear an application for a warrant to search a particular place in relation to an offence under the Act.
3. The process for issuing a warrant under this Act is very similar to issuing a warrant under the Police Powers and Responsibilities Act 2000, in that the application must be sworn and state the grounds on which the warrant is sought.
4. Section 127 of the Act states that before issuing the warrant you must be satisfied there are reasonable grounds for suspecting there is:
1. a need to enter the place for which the warrant is sought to relieve an animal in pain; or
2. there is a particular animal or other thing or activity (the evidence) that may provide evidence of an offence against this Act and the evidence is at the place, or, within the next seven (7) days, may be at the place.
5. The inspector must provide reasonable grounds in the application to substantiate the issue of the warrant. If you are not satisfied there are reasonable grounds from the information provided to you, you must refuse to witness the application form and state your reasons on it.

Steps - issue of a warrant

6. Identify the complainant.
7. Immediately place the applicant on oath or affirmation using the following format as appropriate:

   I SWEAR THAT THE CONTENTS OF THIS DOCUMENT, AND ANY OTHER INFORMATION I MAY SUPPLY, ORALLY OR IN WRITING, ARE TRUE AND CORRECT, SO HELP ME GOD.

   or

   I SOLEMNLY, SINCERELY AND TRULY AFFIRM AND DECLARE, THAT THE CONTENTS OF THIS DOCUMENT, AND ANY FURTHER INFORMATION I MAY PROVIDE, ORALLY OR IN WRITING ARE TRUE AND CORRECT.

8. Read the application to check that includes:
1. the full name and address of the applicant;
2. a sufficient description of the place and/or location to be searched to corectly identify the premises;
3. details of the occupier, if known;
4. a brief description of the animal or offence that the application relates to and why there are reasonable grounds to believe there is an animal in pain at the premises.
5. a description of why there are reasonable grounds to believe there is a particular animal or thing or activity that may provide evidence of an offence.
6. details about the evidence that is thought to be presently at the location or likely to be there within the next seven days. This will affect the expiration time of the warrant.
9. Ask the applicant any questions that are needed to clarify why the warrant is necessary, the type of evidence sought, and if the search is likely to yield this evidence. Some questions which may assist are:
1. How did you identify the premises?
2. Is your source of information reliable?
3. What evidence do you have to substantiate the warrant?
4. How did you determine the name of the occupier (if there is one)?
5. What are you looking for, and why?
6. How did you identify what type of animal it is?
10. It is important to keep a record of any information supplied to you under oath. You may need to refer to this at a later date.
11. Once you a satisfied the warrant is justified, have the applicant sign the application, reminding them that they are under oath.
12. Witness the applicant's signature on the application by signing it, affixing your seal of office and entering your registration number.
13. Complete the warrant and check through it carefully. Ensure the warrant gives:
1. the full name of the applicant;
2. the address of the place and/or location to be searched;
3. details of the occupier, if known;
4. the hours of the day or night when the premise may be entered;
5. the evidence that may be seized under the warrant; and
6. the time the warrant will expire (this is seven (7) days after being issued.
14. Sign the warrant, affix your seal of office and enter your registration number.
15. Enter the details in your logbook. Information that can be entered includes:
1. date and time the document was witnessed;
2. type of warrant being sought;
3. details of the person requesting the warrant;
4. type of identification sighted;
5. location of signing; and
6. questions you asked and answers given;
16. Note: You do NOT have any authority to request or retain a copy of a search warrant.

References

17. 1. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017 Section 5.3
    2. Justices Act (Queensland) 1886
    3. Animal Care and Protection Act 2001
    4. Justices of the Peace and Commissioners for Declaration Act 1991 (Queensland)
    5. Technical Bulletins as noted