Australian Capital Territory Current Acts

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Inspectors and authorised officers

    (1)     This section applies if an inspector or an authorised officer believes on reasonable grounds—

        (a)     that an animal has not been given a thing mentioned in section 6B (Failure to provide appropriate care); or

        (b)     that an animal is so severely injured, so overworked, so diseased or in such a physical condition that it is necessary that the animal be provided with veterinary treatment; or

        (c)     that—

              (i)     an animal is so severely injured or diseased, or in such a poor physical condition, that it is cruel to keep it alive; and

              (ii)     the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal.

    (2)     If this section applies, the relevant inspector or authorised officer may—

        (a)     seize the animal; and

        (b)     give assistance to the animal; and

        (c)     remove the animal to any place that the inspector or officer thinks fit; and

        (d)     in the case of an animal referred to in subsection (1) (c)—destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain.

    (3)     An inspector must only exercise a power referred to in subsection (2) (d) with the written consent of a person in charge of the relevant animal, unless—

        (a)     the inspector, after making reasonable enquiries, is unable to locate such a person; or

        (b)     the inspector is a veterinary practitioner.

    (4)     The reasonable expenses incurred by an inspector or authorised officer in the exercise of a power under subsection (2) in relation to an animal may be recovered by the Territory from the owner of the animal as a debt in a court of competent jurisdiction.

    (5)     If subsection (1) (a) or (b) applies, the relevant inspector or authorised officer may, instead of exercising the powers referred to in subsection (2) (a), (b) or (c), give a person in charge of the relevant animal directions in writing requiring that person—

        (a)     to provide the animal with such specified rest, food, water, shelter, treatment or care as is necessary in the interests of the animal's welfare; and

        (b)     if necessary, to consult a veterinary practitioner about the condition of the animal within such a specified period as is reasonable in the circumstances; and

        (c)     state a reasonable time within which the person must give the inspector or authorised officer evidence that the direction has been complied with.

    (6)     A direction under subsection (5) must be—

        (a)     personally served on the person; and

        (b)     when served, explained to the person.

    (7)     A person commits an offence if the person—

        (a)     is given a direction under subsection (5); and

        (b)     fails to comply with the direction.

Maximum penalty: 50 penalty units.

    (8)     An offence against this section is a strict liability offence.

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