Greyhound Racing Act 2019

Functions of authorised officers

37. (1) For the purposes of investigating a suspected breach of the Racing code or enforcing or ensuring compliance with the Greyhound Racing Acts 1958 to 2019 an authorised officer may:

(a) at all reasonable times, enter on (unless he or she is already present there) and inspect any greyhound race track or place used for the public sale of greyhounds or the training or breeding of greyhounds for the purposes generally of ensuring compliance with this Act or where he or she has reasonable grounds for believing that—

(i) a greyhound is, may be or has been present,

(ii) a record relating to a greyhound, is, may be or has been present, or

(iii) any substance, equipment, machinery or other thing used in connection with a greyhound, is, may be or has been present;

(b) examine thereon a greyhound, animal feed, substance, equipment, machinery or other thing;

(c) scan thereon electronically any electronic identification device attached to or implanted in a greyhound in accordance with regulations made under section 28 (1) for the purposes of paragraph (h) of that subsection or scan the greyhound to see if such device is attached to it or implanted in it in accordance with such regulations;

(d) require the name and address of the person in possession or control of a greyhound, animal feed, substance, equipment, machinery or other thing;

(e) require the production of any licence or permit granted under this Act for inspection;

(f) require any person to give to him or her any information which he or she may reasonably consider necessary;

(g) inspect thereon a vehicle, substance, equipment, machinery or other thing used in connection with a greyhound or animal feed and require a person in charge or control of such to refrain from moving it or interfering with it;

(h) require the licensee or person in charge of the race track, the owner, occupier or person in charge of the place or the owner or person in charge of the greyhound or animal feed or the vehicle, substance, equipment or machinery to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require;

(i) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection;

(j) take, without making a payment, samples from a greyhound, animal feed, water, substance, equipment, machinery or other thing relating to a greyhound, as he or she may reasonably require and carry out or cause to be carried out on the sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it;

(k) restrain a greyhound found thereon.

(2) For the purposes of his or her functions under this Part, an authorised officer may require a person in possession or control of a greyhound in a public place to permit the animal to be examined by the officer or a veterinary practitioner.

(3) An authorised officer may require a person to give information or produce for inspection any record regarding the ownership and identity of a greyhound or animal feed, substance, equipment, machinery or other thing relating to the greyhound as is in the person’s knowledge or procurement.

(4) Where an authorised officer has reasonable grounds for believing that—

(a) there is a risk of disease,

(b) there is a risk to the health or welfare of a greyhound,

(c) there is a breach of the Racing code,

(d) there is a breach of a disqualification order, or

(e) evidence relating to paragraph (a), (b), (c) or (d) may be, is or has been on any land or premises, or in a vehicle, equipment or machinery,

the officer may, in addition to the powers exercisable by him or her under subsection (1):

(i) search the greyhound race track or place used for the public sale of greyhounds or the training or breeding of greyhounds;

(ii) search the vehicle, equipment or machinery;

(iii) require a person in charge or control of the greyhound, animal feed, vehicle, substance, equipment, machinery or other thing related to a greyhound to—

(I) refrain from moving it, or move it to a location where it may be searched, and

(II) give information regarding its place of departure, journey or destination;

(iv) seize and detain a greyhound, animal feed, vehicle, substance, equipment, machinery or other thing related to a greyhound and mark or otherwise identify it;

(v) remove any greyhound, animal feed, vehicle, substance, equipment or machinery or books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under this Part.

(5) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling other than in accordance with a search warrant under section 40 .

(6) An authorised officer, when exercising a power under this section, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.

(7) Where, in the course of exercising a power under this Part, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence relating to the commission of an offence under the Greyhound Racing Acts 1958 to 2019 or a breach of the Racing code, the officer may seize and retain it for use in evidence.

(8) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by this Part.

(9) In this section “vehicle” includes a trailer, designed for use or used with a vehicle, or container designed or used for carriage on a vehicle, whether either is attached to or detached from a vehicle.