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Contents (1979 - 200)
Prevention of Cruelty to Animals Act 1979 No 200
Current version for 7 July 2017 to date (accessed 24 October 2017 at 16:46)
Part 2A Division 1
Division 1 Powers of officers generally
24A   Officers may demand name and address
(1)  An officer who finds a person:
(a)  who is committing an offence against this Act or the regulations, or
(b)  whom the officer suspects, on reasonable grounds, of having committed or attempted to commit such an offence, or
(c)  who is in charge of a vehicle or vessel that the officer suspects, on reasonable grounds, to have been instrumental in the commission of an offence against this Act or the regulations,
may require that person to inform the officer immediately of that person’s full name and home address.
(2)  A person must not fail to comply with a requirement made by an officer under subsection (1).
Maximum penalty: 25 penalty units.
(3)  A person is not guilty of an offence under this section unless the officer:
(a)  warned the person that failure to comply with the requirement is an offence, and
(b)  identified himself or herself to the person as an officer.
(4)  An officer may request a person who is required to give information under subsection (1) to provide proof of that information.
24B   Officer may require responsible person for vehicle to disclose identity of driver who commits offence
(1)  If the driver of a motor vehicle is alleged to have committed an offence against this Act or the regulations in the course of driving the vehicle:
(a)  the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an officer, immediately give information (which must, if so required, be given in the form of a written statement signed by that person) as to the name and home address of the driver, and
(b)  any other person must, if required to do so by an officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver.
Maximum penalty: 20 penalty units.
(2)  It is a defence to a prosecution for an offence under subsection (1) (a) if the defendant proves to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained the driver’s name and home address.
(3)  A written statement:
(a)  purporting to be given under subsection (1) (a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence against this Act or the regulations, and
(b)  produced in any court in proceedings against the person named in the statement as the driver for such an offence,
is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.
(4)  Expressions used in this section (other than officer), have the same meanings as in the Road Transport Act 2013.
24C   Supplying officer’s details and giving warnings
(1)  An officer is required, in relation to the exercise of a power conferred on the officer by this Part, to provide the person who is subject to the exercise of the power with the following:
(a)  evidence that the officer is an officer,
(b)  the name of the officer,
(c)  the reason for the exercise of the power,
(d)  a warning that failure or refusal to comply with a request of the officer, in the exercise of the power, may be an offence.
(2)  An officer is to take the action required by subsection (1) before or at the time of exercising the power concerned or, if to take the action at that time is not reasonably practicable, as soon as is reasonably practicable after exercising the power.
(3)  If 2 or more officers are exercising a power to enter land, only one officer present is required to comply with this section.
(4)  However, if a person asks another officer present for information as to the name of the officer, the officer must give to the person the information requested.
24CA   Extension of certain powers of officers
The powers of an officer or inspector under this Part may be exercised in relation to an offence, or suspected offence, against section 9 (1) of the Veterinary Practice Act 2003.