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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 24S

Steps to be taken where welfare of animal not at risk

    (1)     If an animal has been seized under this Part and—

        (a)     if after taking all reasonable steps under section 24R, either the owner or the person in charge of the animal is able to be contacted; and

        (b)     neither the owner nor person in charge of the animal is suspected of committing an offence against this Act or regulations under this Act; and

S. 24S(1)(c) amended by No. 60/2015 s. 20(a).

        (c)     the person who seized the animal reasonably believes that the welfare of the animal would not be at risk if the animal were returned to the owner or person in charge of the animal; and

        (d)     application has not been made and is not proposed to be made under section 24X

the inspector who seized the animal must serve a notice of seizure under this section on the person who is able to be contacted, or cause such a notice to be served in accordance with subsection (2).

    (2)     For the purposes of subsection (1) the notice must—

        (a)     be served either personally or by post; and

        (b)     if the animal has been seized under a warrant issued under section 24G , be served on or before the expiry of the time for which possession of the animal may be retained under the warrant.

    (3)     If an animal has been seized under this Part and—

        (a)     if, after taking all reasonable steps under section 24R, both the owner and person in charge of the animal are not able to be contacted (whether or not the identity of the owner and person in charge are known); and

        (b)     neither the owner nor person in charge of the animal is suspected of committing an offence against this Act or regulations under this Act; and

S. 24S(3)(c) amended by No. 60/2015 s. 20(b).

        (c)     the person who seized the animal reasonably believes that the welfare of the animal would not be at risk if the animal were returned to the owner or person in charge of the animal; and

        (d)     application has not been made and is not proposed to be made under section 24X

the person who seized the animal must serve a notice of seizure in accordance with subsection (4).

    (4)     For the purposes of subsection (3), the notice must—

        (a)     if an animal has been seized from premises, be left at the premises from which the animal has been seized or sent by post to those premises; and

        (b)     (whether the animal has been seized from premises or in a public place) be sent by post to any last known address of the owner and of the person in charge of the animal; and

        (c)     if the animal has been seized under a warrant under section 24G, be sent on or before the expiry of the time for which possession of the animal may be retained under the warrant.

    (5)     For the purposes of this section, a notice of seizure is a notice in writing that sets out—

        (a)     a description of the animal; and

        (b)     the name of the inspector who seized the animal, the inspector's contact details and the reason why the animal has been seized; and

        (c)     if the notice is served under subsections (1) and (2)—

              (i)     that the animal may be recovered within 7 days after service of the notice; and

              (ii)     that, if the animal is not recovered within 7 days after service of the notice, the animal may be disposed of in accordance with this Division; and

        (d)     if the notice is left at or sent to premises under subsections (3) and (4)—

              (i)     that the animal may be recovered within 14 days after the leaving or sending of the notice and the place where the animal may be recovered; and

              (ii)     that, if the animal is not recovered within 14 days after the leaving or sending of the notice, the animal may be disposed of in accordance with this Division.

S. 24T inserted by No. 65/2007 s. 95.



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