Commonwealth Consolidated Acts Commonwealth Consolidated ActsAdditional investigation power
(1) The additional power mentioned in subsection (2) is taken to be included in the investigation powers under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1).
(2) The additional investigation power is the power of an authorised person to be accompanied by, and to make use of, an animal to assist the person in entering premises, or in exercising powers, under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1).
Note: Under subsection 101ZAB(4), a person appointed under subsection 101ZAD(2) is an authorised person.
(3) Subsection (2) does not apply in relation to the entry of premises under an investigation warrant unless the use of the animal by the authorised person is authorised by the warrant.
Investigation warrant must deal with use of animals
(4) Subsection 70(4) of the Regulatory Powers Act applies in relation to evidential material that relates to a provision mentioned in subsection 101ZAB(1) of this Act as if subsection 70(4) of the Regulatory Powers Act also required the warrant:
(a) to state whether authorised persons named in the warrant are authorised to be accompanied by, and to make use of, an animal; and
(b) if they are authorised, to specify the kind of animal.