Cap. 439 Art. 44BEnforcement powers.

(1) Notwithstanding the provisions of any other law, for the purposes of carrying out their functions under this Act, the

Authority, the Director for Animal Welfare, animal welfare officers or any such officer or person as may be authorised by the Authority or

Director for Animal Welfare, shall have the right to:

(a) enter any premises, public or private, at all times, and in the case of a dwelling house after giving reasonable notice of at least twenty-four (24) hours, to inspect, detect and investigate any offence under this Act which has been or is likely to be committed, to collect evidence and, without prejudice to the generality of the powers to examine under this Act, such persons shall have the power to examine any animal, food, feed, medicine, structure, animal housing system, enclosure, vehicle, station, documents, equipment or laboratory. Any person entering any premises in pursuance to this sub-article shall produce his authority or his identity prior to or upon entering such premises:

Provided that the twenty-four (24) hours notice to enter into a dwelling house shall not be applicable if the Director himself and not any other official acting under his delegated authority, considers that there is reasonable suspicion, on the basis of substantiated grounds, that an offence under the Act or the regulations made thereunder has been committed or is about to be committed:

Provided further that in the event that the owner of a private property or any other premises cannot be identified or cannot be identified despite reasonable efforts, the officer may enter by means of force and without the consent or prior warning of the owner of said private property, for the purposes of assisting, attending to, and caring for an animal who is in distress and whose life or health, in the discretion of the Director, is in serious jeopardy:

Provided further that in all instances referred to in the preceding two provisos, the Director shall within twenty-four (24) hours from execution file an application before the competent Court therein giving reasons for his actions, and that application shall be determined by that Court after the Court has given any directives it deems appropriate;

(b) (i) seize any animal which has been subject or likely to be subject to ill treatment or in relation to which an offence under this Act or any regulations under the Act has been or is likely to be committed;

(ii) seize any equipment, medicine, animal product, gear, instrument and, or appliance which he believes have been used in the commission of such offence or in respect of which he believes such offence has been committed or that is the result of an offence under this Act or any regulations under this Act

(iii) seize or take copies of any documents which he believes are relevant to any such offence under this Act or any regulations under the Act;

(c) forfeit, seal off and render non-functional any equipment, apparatus or materials used in offences;

(d) inspect all records, licences, permits and notifications issued under this Act or required to be kept or preserved under this Act;

(e) carry out inspections, elevate samples, take photographs, film, video recording or electronic image in order to verify compliance with this Act or any conditions subject to which a licence or permit is issued under this Act;

(f) be furnished with such information as such person may reasonably require with respect to any matter regulated by this Act; (g monitor any activity, elevate samples, take photographs, a film, video recording or electronic image in pursuance to any investigations of offences under this Act; and

(h) generally ensure compliance with the provisions of this Act.

(2) For the purpose of performance of any function under this Act, the Authority, Director for Animal Welfare, animal welfare officers or any other such officer or person as may be authorised by the Authority or Director for Animal Welfare may request the assistance of the Malta Police Force, any local council, any voluntary organisation or private sector, any Authority of Government or any government agency.

(3) The provisions of sub-article (1) shall be without prejudice to the powers of the Police, community officers, the Comptroller of Customs, the Authority or of any other authority under the Criminal

Code or other law.

(4) The Authority, the Director for Animal Welfare, animal welfare officers or any other officers appointed or authorised under this Act shall, notwithstanding any other law, have the right to assist the Police in the conduct of prosecution under this Act or regulations made thereunder and to plead the case before the court.

(5) At their discretion, the Director for Animal Welfare or the Authority may not return to their owners any animals and, or objects that are confiscated, impounded, seized or in any way removed by the Director for Animal Welfare or the Authority: Provided that the Director for Animal Welfare or the Authority may also dispose of such animals and, or objects in accordance with regulations that the Minister may make: Provided further that any expenses related to the confiscation, impounding, seizure and, or disposal of any animal and or object shall be fully borne by the contravenor..

(6) Any person who hinders, obstructs, molests or interferes with or attempts to hinder, obstruct, molest or interfere with the Authority, Director for Animal Welfare, any animal welfare officer or such other person appointed by the Authority or Director for Animal Welfare, or any officer of the Malta Police Force, community officer, or public officer, employee or servant of any Authority of Government or of any Government agency in the execution of duties under this Act or regulations made thereunder or fails to comply with any reasonable requirement demanded of him by any such person as aforesaid or otherwise to assist him in the carrying out the said duties, or who knowingly furnishes such person with false or misleading information or neglects or refuses to give any information required for the purpose of the aforesaid shall be guilty of an offence under this Act.