Victorian Current Acts

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Can lien holder dispose of animal?

    (1)     A person who holds a lien over a dog or cat under section 65 may—

        (a)     sell, exchange or otherwise dispose of the animal; or

        (b)     destroy the animal—

if the lien holder has served a notice on the owner under subsection (2) and the amount owing to the lien holder has not been paid within 14 days of the service of the notice.

    (2)     The lien holder must serve a notice on the owner, either in person or by registered post, at the owner's last known address—

        (a)     advising the owner of his or her intention to sell, exchange, dispose of or destroy the animal (as the case requires); and

S. 66(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 36.2).

        (b)     containing an account specifying the amount owing by the owner and stating that the animal may be disposed of within 14 days of the service of the notice if that amount is not paid.

    (3)     A lien holder must not sell, exchange or otherwise dispose of an animal under subsection (1) if he or she has entered into a written agreement with the owner not to do so.

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