Section 34
Right of entry
(1)
Subject to section 35(2) and notwithstanding any other written law, an authorised officer who has reasonable grounds to believe that an offence against this Act or under any regulations made hereunder has been or is being committed, may at any time —
(a)
stop and enter or board any vehicle;
(b)
enter, pass across or remain on any land or premises
(including a dwelling house);
(c)
demand any information relating to that breach from any person in or on that vehicle, land or premises and require him to produce —
(i)
any permit or certificate granted under this Act; and
(ii)
any other documents relating to trade in any species listed in Appendix I;
(d)
for the purpose of such analysis as the Director considers necessary to determine whether an offence against this Act or under any regulations made hereunder has occurred, take samples, subject to subsection (6), from any specimen in any vehicle or on any land or premises (including a dwelling house) where the officer has reasonable grounds to believe that such specimen is evidence that an offence against this Act or under any regulations made hereunder has been or is being committed.
(2)
Notwithstanding subsection (1), no authorised officer shall enter any dwelling house or, in the case of the exercise of the power under subsection (1)(d), any other land or premises unless he is authorised in that behalf by a search warrant obtained under section 35(2).
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(3)
Every authorised officer exercising a power to enter under subsection (1) shall identify himself and have with him due evidence of his appointment and shall produce that evidence to the owner or occupier or, as the case may be, the person in charge of the vehicle, land or premises —
(a)
if practicable, on first entering the vehicle or on the land or premises; and
(b)
whenever subsequently reasonably required to do so by that owner or occupier or person in charge.
(4)
If an authorised officer exercises a power to enter under subsection (1), written advice of the entry and the purpose of the entry shall be given to the owner or occupier or, as the case may be, person in charge of the vehicle, land or premises as soon as practicable after that entry where —
(a)
no prior notice or agreement of the entry was given or made;
or
(b)
that owner or occupier or person in charge was not present at the time of entry.
(5)
An authorised officer lawfully exercising his powers under this section may make or take copies of any document, and for this purpose may take possession of and remove it from the place where it is kept, for such period of time as is reasonable in the circumstances.
(6)
Every authorised officer proposing to take a sample under subsection (1)(d) from any live animal —
(a)
must do so either personally or, where requested by the owner or person in charge of the animal, by instructing a veterinary surgeon to do so; and
(b)
must make every effort to avoid unnecessary disturbance of the animal, including, with respect to an animal which is secured within an enclosure, exercising his powers only during the hours of daylight except where the authorised officer judges that there will be less disturbance to the animal if the powers are exercised outside those hours.
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