Victorian Current Acts Victorian Current Acts(1) In this Act—
"authorised officer" means—
(a) an authorised officer within the meaning of the Conservation, Forests and Lands Act 1987 ; or
(b) a person or class of persons prescribed to be an authorised officer under this Act;
"authorised officer of a council" means an authorised officer appointed under section 224 of the Local Government Act 1989 ;
S. 3(1) def. of authorised officer of the Department of Transport inserted by No. 49/2019 s. 186(Sch. 4 item 22.1(b)).
"authorised officer of the Department of Transport" means an employee in the Department of Transport authorised under subsection (2);
S. 3(1) def. of authorised person substituted by No. 65/2007 s. 46(1)(b).
"authorised person" means a person authorised under section 5 to impound livestock found trespassing;
"charge" means a sum payable under section 7 and includes—
(a) an impounding charge, being an amount not exceeding—
(i) the reasonable expenses actually incurred in providing impounded livestock with food, water and veterinary care; and
(ii) the reasonable cost of rectifying or compensating for any loss or damage which can be attributed to the trespassing of the livestock; and
(b) a disposal charge being an amount not exceeding the reasonable expenses actually incurred in the disposal or destruction of impounded livestock, including reasonable costs associated with advertising, the conduct of public auctions or the public tender process and the disposal of carcasses; and
(c) a transport charge being an amount not exceeding—
(i) the reasonable costs incurred in capturing trespassing livestock; and
(ii) the reasonable expenses actually incurred in walking or transporting impounded livestock to a pound or the address of the owner of the livestock or to a market or saleyard;
S. 3(1) def. of council amended by No. 9/2020 s. 390(Sch. 1 item 55.1).
"council" means a council within the meaning of section 3 of the Local Government Act 2020 ;
"Crown land" has the same meaning as in section 3 of the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of declared road repealed by No. 12/2004 s. 159(a).
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S. 3(1) def. of Department inserted by No. 65/2007 s. 46(1)(a), amended by No. 70/2013 s. 4(Sch. 2 item 24).
"Department" means the Department of Environment and Primary Industries;
S. 3(1) def. of impound substituted by No. 65/2007 s. 46(1)(c).
"impound" in relation to livestock, means the seizing or taking possession of that livestock and includes the holding of that livestock until the livestock is released or disposed of in accordance with this Act;
S. 3(1) def. of inspector of stock substituted by No. 115/1994 s. 142(Sch. 2 item 4.1) (as amended by No. 73/1996 s. 48(f)(i)).
"inspector of stock" means an inspector of livestock appointed under the Livestock Disease Control Act 1994 ;
S. 3(1) def. of livestock amended by No. 65/2007 s. 46(2).
"livestock" means an animal (including a bird) of any species used in connection with primary production or kept or used for recreational purposes or for the purposes of recreational sport, other than a dog or cat;
S. 3(1) def. of notice of seizure inserted by No. 65/2007 s. 46(1)(a).
"notice of seizure" means a notice under section 8A;
"occupier" includes—
(a) a person who manages any land on behalf of the land's owner or occupier; and
(b) a person who is responsible for the care and control of any land; and
(c) a lessee or licensee of any land;
S. 3(1) def. of officer of the Roads Corporation amended by No. 37/1996 s. 12, repealed by No. 49/2019 s. 186(Sch. 4 item 22.1(a)).
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"owner of livestock" means—
(a) a person who is entitled to legal or equitable possession of livestock whether solely or jointly; or
(b) a person who has custody of livestock on behalf of a person referred to in paragraph (a);
"pound" means a facility or area established by a council or group of councils for the impounding of livestock;
S. 3(1) def. of public notice substituted by No. 9/2020 s. 390(Sch. 1 item 55.2).
"public notice" means a notice published in a newspaper generally circulating in the municipal district of the council;
S. 3(1) def. of road inserted by No. 65/2007 s. 46(1)(a).
"road" has the same meaning as it has in section 3(1) of the Local Government Act 1989 ;
S. 3(1) def. of Secretary inserted by No. 65/2007 s. 46(1)(a).
"Secretary" means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;
"trespassing" includes wandering without effective control or being at large.
S. 3(2) inserted by No. 49/2019 s. 186(Sch. 4 item 22.2).
(2) The Head, Transport for Victoria may, in writing, authorise an employee in the Department of Transport or an employee in that Department of a specified class for the purposes of the definition of authorised officer of the Department of Transport in subsection (1).