{"id":"qld:sl-2014-0195","name":"Criminal Code (Animal Valuers) Regulation 2014","slug":"criminal-code-animal-valuers-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"195 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175466,"registerId":"qld-qld:sl-2014-0195-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Criminal Code (Animal Valuers) Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Dictionary","content":"### sec.2 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this regulation.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Animal valuers","content":"# Animal valuers","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Application for appointment","content":"### sec.3 Application for appointment\n\nAn eligible person may apply to the chief executive for appointment as an animal valuer.\nThe application must be made in the approved form.\nFor subsection (1) , a person is an eligible person if the person—\nis an adult; and\nhas not been convicted of an indictable offence or an offence involving dishonesty; and\nis not a bankrupt.\n(sec.3-ssec.1) An eligible person may apply to the chief executive for appointment as an animal valuer.\n(sec.3-ssec.2) The application must be made in the approved form.\n(sec.3-ssec.3) For subsection (1) , a person is an eligible person if the person— is an adult; and has not been convicted of an indictable offence or an offence involving dishonesty; and is not a bankrupt.\n- (a) is an adult; and\n- (b) has not been convicted of an indictable offence or an offence involving dishonesty; and\n- (c) is not a bankrupt.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Suitability for appointment as animal valuer","content":"### sec.4 Suitability for appointment as animal valuer\n\nSubject to subsection (2) , a person is suitable for appointment as an animal valuer if the chief executive reasonably believes the person—\nis qualified for appointment as an animal valuer because the person has the necessary expertise or experience; and\nis competent to perform the functions of an animal valuer.\nHowever, despite subsection (1) , the chief executive may decide a person is not suitable for appointment as an animal valuer having regard to the following—\nany applications for appointment as an animal valuer previously made by the person that have been refused;\nthe person’s criminal history;\nany other matter the chief executive reasonably considers relevant.\n(sec.4-ssec.1) Subject to subsection (2) , a person is suitable for appointment as an animal valuer if the chief executive reasonably believes the person— is qualified for appointment as an animal valuer because the person has the necessary expertise or experience; and is competent to perform the functions of an animal valuer.\n(sec.4-ssec.2) However, despite subsection (1) , the chief executive may decide a person is not suitable for appointment as an animal valuer having regard to the following— any applications for appointment as an animal valuer previously made by the person that have been refused; the person’s criminal history; any other matter the chief executive reasonably considers relevant.\n- (a) is qualified for appointment as an animal valuer because the person has the necessary expertise or experience; and\n- (b) is competent to perform the functions of an animal valuer.\n- (a) any applications for appointment as an animal valuer previously made by the person that have been refused;\n- (b) the person’s criminal history;\n- (c) any other matter the chief executive reasonably considers relevant.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Enquiries about application","content":"### sec.5 Enquiries about application\n\nBefore deciding an application for appointment as an animal valuer, the chief executive—\nmay make enquiries necessary to allow the chief executive to decide the application; and\nmay, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period additional information the chief executive reasonably considers is needed to allow the chief executive to decide the application; and\nmay require the additional information mentioned in paragraph (b) to be verified by statutory declaration.\nThe application is taken to be withdrawn if, within the stated reasonable period, the applicant does not comply with a requirement under subsection (1) (b) .\nThe chief executive may ask the commissioner of the police service for a written report about the applicant’s criminal history.\nThe commissioner must comply with the request.\nHowever, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.5-ssec.1) Before deciding an application for appointment as an animal valuer, the chief executive— may make enquiries necessary to allow the chief executive to decide the application; and may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period additional information the chief executive reasonably considers is needed to allow the chief executive to decide the application; and may require the additional information mentioned in paragraph (b) to be verified by statutory declaration.\n(sec.5-ssec.2) The application is taken to be withdrawn if, within the stated reasonable period, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.5-ssec.3) The chief executive may ask the commissioner of the police service for a written report about the applicant’s criminal history.\n(sec.5-ssec.4) The commissioner must comply with the request.\n(sec.5-ssec.5) However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) may make enquiries necessary to allow the chief executive to decide the application; and\n- (b) may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period additional information the chief executive reasonably considers is needed to allow the chief executive to decide the application; and\n- (c) may require the additional information mentioned in paragraph (b) to be verified by statutory declaration.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Deciding applications","content":"### sec.6 Deciding applications\n\nThe chief executive must consider the application and decide to—\napprove the application and appoint the applicant as an animal valuer with or without conditions; or\nrefuse to approve the application.\nThe chief executive may approve the application only if the chief executive is satisfied the applicant is both an eligible person and is suitable for appointment as an animal valuer.\nFor the suitability of a person for appointment as an animal valuer, see section 4 .\nThe chief executive must promptly give written notice to the applicant of the decision.\nAnimal valuers are appointed under the Code , section 450F and not under the Public Sector Act 2022 .\nIn this section—\neligible person see section 3 (3) .\ns 6 amd 2023 SL No. 60 s 17 sch 1\n(sec.6-ssec.1) The chief executive must consider the application and decide to— approve the application and appoint the applicant as an animal valuer with or without conditions; or refuse to approve the application.\n(sec.6-ssec.2) The chief executive may approve the application only if the chief executive is satisfied the applicant is both an eligible person and is suitable for appointment as an animal valuer. For the suitability of a person for appointment as an animal valuer, see section 4 .\n(sec.6-ssec.3) The chief executive must promptly give written notice to the applicant of the decision.\n(sec.6-ssec.4) Animal valuers are appointed under the Code , section 450F and not under the Public Sector Act 2022 .\n(sec.6-ssec.5) In this section— eligible person see section 3 (3) .\n- (a) approve the application and appoint the applicant as an animal valuer with or without conditions; or\n- (b) refuse to approve the application.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Appointment conditions","content":"### sec.7 Appointment conditions\n\nAn animal valuer holds office on the following conditions—\nthe conditions stated in this regulation;\nthe conditions decided by the chief executive, and stated in the written notice given to the valuer under section 6 (3) or a signed notice given to the valuer, to the extent the conditions are not inconsistent with this regulation.\nIt is a condition of appointment as an animal valuer that the valuer must give written notice to the chief executive if any of the following events happen—\na change of the valuer’s name or address;\nthe valuer is convicted of an indictable offence or an offence involving dishonesty;\nthe valuer becomes a bankrupt.\nIf an event under subsection (2) (a) happens, the valuer must give the notice to the chief executive within 28 days after the event happens.\nIf an event under subsection (2) (b) or (c) happens, the valuer must give the notice to the chief executive as soon as possible after the event happens.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.7-ssec.1) An animal valuer holds office on the following conditions— the conditions stated in this regulation; the conditions decided by the chief executive, and stated in the written notice given to the valuer under section 6 (3) or a signed notice given to the valuer, to the extent the conditions are not inconsistent with this regulation.\n(sec.7-ssec.2) It is a condition of appointment as an animal valuer that the valuer must give written notice to the chief executive if any of the following events happen— a change of the valuer’s name or address; the valuer is convicted of an indictable offence or an offence involving dishonesty; the valuer becomes a bankrupt.\n(sec.7-ssec.3) If an event under subsection (2) (a) happens, the valuer must give the notice to the chief executive within 28 days after the event happens.\n(sec.7-ssec.4) If an event under subsection (2) (b) or (c) happens, the valuer must give the notice to the chief executive as soon as possible after the event happens.\n(sec.7-ssec.5) In this section— signed notice means a notice signed by the chief executive.\n- (a) the conditions stated in this regulation;\n- (b) the conditions decided by the chief executive, and stated in the written notice given to the valuer under section 6 (3) or a signed notice given to the valuer, to the extent the conditions are not inconsistent with this regulation.\n- (a) a change of the valuer’s name or address;\n- (b) the valuer is convicted of an indictable offence or an offence involving dishonesty;\n- (c) the valuer becomes a bankrupt.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"When appointment as animal valuer ends","content":"### sec.8 When appointment as animal valuer ends\n\nThe office of a person as an animal valuer ends if—\nthe person is convicted of an indictable offence or an offence involving dishonesty; or\nthe person becomes a bankrupt; or\nthe chief executive reasonably considers the person is no longer suitable to be an animal valuer; or\nFor the suitability of a person for appointment as an animal valuer, see section 4 .\nthe person has not complied with this regulation, or a condition of the person’s appointment as an animal valuer; or\nthe person resigns by signed notice given to the chief executive.\nThe chief executive must promptly give written notice to the person if the person’s office as an animal valuer ends under subsection (1) (a) to (d) .\nA person’s resignation under subsection (1) (e) takes effect on the later of the following—\n14 days after the chief executive receives the notice;\nthe day for resignation stated in the notice.\nA person who resigns as an animal valuer must still attend proceedings, and do anything else, in relation to valuations for which the person has signed a certificate of valuation, as if the person were still an animal valuer.\n(sec.8-ssec.1) The office of a person as an animal valuer ends if— the person is convicted of an indictable offence or an offence involving dishonesty; or the person becomes a bankrupt; or the chief executive reasonably considers the person is no longer suitable to be an animal valuer; or For the suitability of a person for appointment as an animal valuer, see section 4 . the person has not complied with this regulation, or a condition of the person’s appointment as an animal valuer; or the person resigns by signed notice given to the chief executive.\n(sec.8-ssec.2) The chief executive must promptly give written notice to the person if the person’s office as an animal valuer ends under subsection (1) (a) to (d) .\n(sec.8-ssec.3) A person’s resignation under subsection (1) (e) takes effect on the later of the following— 14 days after the chief executive receives the notice; the day for resignation stated in the notice.\n(sec.8-ssec.4) A person who resigns as an animal valuer must still attend proceedings, and do anything else, in relation to valuations for which the person has signed a certificate of valuation, as if the person were still an animal valuer.\n- (a) the person is convicted of an indictable offence or an offence involving dishonesty; or\n- (b) the person becomes a bankrupt; or\n- (c) the chief executive reasonably considers the person is no longer suitable to be an animal valuer; or Note— For the suitability of a person for appointment as an animal valuer, see section 4 .\n- (d) the person has not complied with this regulation, or a condition of the person’s appointment as an animal valuer; or\n- (e) the person resigns by signed notice given to the chief executive.\n- (a) 14 days after the chief executive receives the notice;\n- (b) the day for resignation stated in the notice.","sortOrder":9},{"sectionNumber":"pt.3","sectionType":"part","heading":"Valuation of animals for certain Code fines","content":"# Valuation of animals for certain Code fines","sortOrder":10},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Formation of panel to value animal","content":"## Formation of panel to value animal","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Prosecutor may ask for panel","content":"### sec.9 Prosecutor may ask for panel\n\nThis section applies if a prosecutor for a proceeding decides it is necessary to decide the value of an animal for the proceeding under the Code , section 450F .\nFor the offences to which the Code , section 450F applies, see the following provisions of the Code —\nsection 398 , punishment in special cases, item 2;\nchapter 44 ;\nsection 468 .\nAs soon as practicable after making the decision, the prosecutor must ask the chief executive to form a panel to value the animal for the proceeding.\nWhen making the request, the prosecutor must give the chief executive the following details for the proceeding (the charge details )—\ndetails of the charge in relation to which the animal is connected;\nthe name of—\nthe accused person in the proceeding; and\nthe person claiming to be the owner of the animal;\nthe date on which the offence, to which the charge relates, is alleged to have happened;\na description of the animal, including any identifying information available for the animal;\nthe present location of the animal or its remains;\nthe location at which the valuation is proposed to be conducted;\nthe prosecutor’s name and contact details;\nthe scheduled date and place, if known, of the hearing of the charge;\nany other information, available to the prosecutor, that may assist a panel in the identification of the animal.\n(sec.9-ssec.1) This section applies if a prosecutor for a proceeding decides it is necessary to decide the value of an animal for the proceeding under the Code , section 450F . For the offences to which the Code , section 450F applies, see the following provisions of the Code — section 398 , punishment in special cases, item 2; chapter 44 ; section 468 .\n(sec.9-ssec.2) As soon as practicable after making the decision, the prosecutor must ask the chief executive to form a panel to value the animal for the proceeding.\n(sec.9-ssec.3) When making the request, the prosecutor must give the chief executive the following details for the proceeding (the charge details )— details of the charge in relation to which the animal is connected; the name of— the accused person in the proceeding; and the person claiming to be the owner of the animal; the date on which the offence, to which the charge relates, is alleged to have happened; a description of the animal, including any identifying information available for the animal; the present location of the animal or its remains; the location at which the valuation is proposed to be conducted; the prosecutor’s name and contact details; the scheduled date and place, if known, of the hearing of the charge; any other information, available to the prosecutor, that may assist a panel in the identification of the animal.\n- (a) section 398 , punishment in special cases, item 2;\n- (b) chapter 44 ;\n- (c) section 468 .\n- (a) details of the charge in relation to which the animal is connected;\n- (b) the name of— (i) the accused person in the proceeding; and (ii) the person claiming to be the owner of the animal;\n- (i) the accused person in the proceeding; and\n- (ii) the person claiming to be the owner of the animal;\n- (c) the date on which the offence, to which the charge relates, is alleged to have happened;\n- (d) a description of the animal, including any identifying information available for the animal;\n- (e) the present location of the animal or its remains;\n- (f) the location at which the valuation is proposed to be conducted;\n- (g) the prosecutor’s name and contact details;\n- (h) the scheduled date and place, if known, of the hearing of the charge;\n- (i) any other information, available to the prosecutor, that may assist a panel in the identification of the animal.\n- (i) the accused person in the proceeding; and\n- (ii) the person claiming to be the owner of the animal;","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Chief executive to form panel etc.","content":"### sec.10 Chief executive to form panel etc.\n\nAs soon as practicable after receiving a request under section 9 (2) , the chief executive must select 2 animal valuers to form a panel to value the animal for the proceeding.\nAn animal valuer selected to form the panel must participate in the panel under this regulation unless the animal valuer is unavailable to perform the valuer’s functions.\nThe chief executive may form more than 1 panel for a proceeding, but only if the panels are formed to value different animals for the proceeding.\nFor each panel formed for a proceeding, the chief executive must tell—\neach animal valuer forming the panel of—\nthe charge details; and\nthe name and contact details of the other valuer forming the panel; and\nthe contact details of a prosecutor for the proceeding; and\nany other information available to the chief executive that may assist the panel in the valuation of the animal; and\na prosecutor for the proceeding of the name and contact details of each animal valuer forming the panel.\n(sec.10-ssec.1) As soon as practicable after receiving a request under section 9 (2) , the chief executive must select 2 animal valuers to form a panel to value the animal for the proceeding.\n(sec.10-ssec.2) An animal valuer selected to form the panel must participate in the panel under this regulation unless the animal valuer is unavailable to perform the valuer’s functions.\n(sec.10-ssec.3) The chief executive may form more than 1 panel for a proceeding, but only if the panels are formed to value different animals for the proceeding.\n(sec.10-ssec.4) For each panel formed for a proceeding, the chief executive must tell— each animal valuer forming the panel of— the charge details; and the name and contact details of the other valuer forming the panel; and the contact details of a prosecutor for the proceeding; and any other information available to the chief executive that may assist the panel in the valuation of the animal; and a prosecutor for the proceeding of the name and contact details of each animal valuer forming the panel.\n- (a) each animal valuer forming the panel of— (i) the charge details; and (ii) the name and contact details of the other valuer forming the panel; and (iii) the contact details of a prosecutor for the proceeding; and (iv) any other information available to the chief executive that may assist the panel in the valuation of the animal; and\n- (i) the charge details; and\n- (ii) the name and contact details of the other valuer forming the panel; and\n- (iii) the contact details of a prosecutor for the proceeding; and\n- (iv) any other information available to the chief executive that may assist the panel in the valuation of the animal; and\n- (b) a prosecutor for the proceeding of the name and contact details of each animal valuer forming the panel.\n- (i) the charge details; and\n- (ii) the name and contact details of the other valuer forming the panel; and\n- (iii) the contact details of a prosecutor for the proceeding; and\n- (iv) any other information available to the chief executive that may assist the panel in the valuation of the animal; and","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Functions of animal valuers forming panel","content":"### sec.11 Functions of animal valuers forming panel\n\nAn animal valuer selected to form a panel to value an animal for a proceeding has the following functions—\nattend a place required by the chief executive at a reasonable time required by the chief executive;\ncarry out a valuation of the animal;\nmake a certificate of valuation for the animal;\nif required by the chief executive, immediately give—\nthe certificate of valuation to a prosecutor for the proceeding; and\na copy of the certificate to the chief executive.\nAlso, if required by a prosecutor for the proceeding, the valuer must—\nattend the proceeding; or\nappear as a witness for the prosecution in the proceeding.\nSee also section 18 .\nSubsection (2) —\ndoes not apply if there are special or unusual circumstances preventing the valuer from carrying out the functions mentioned in that subsection; and\ndoes not prevent the subpoena of an animal valuer.\n(sec.11-ssec.1) An animal valuer selected to form a panel to value an animal for a proceeding has the following functions— attend a place required by the chief executive at a reasonable time required by the chief executive; carry out a valuation of the animal; make a certificate of valuation for the animal; if required by the chief executive, immediately give— the certificate of valuation to a prosecutor for the proceeding; and a copy of the certificate to the chief executive.\n(sec.11-ssec.2) Also, if required by a prosecutor for the proceeding, the valuer must— attend the proceeding; or appear as a witness for the prosecution in the proceeding. See also section 18 .\n(sec.11-ssec.3) Subsection (2) — does not apply if there are special or unusual circumstances preventing the valuer from carrying out the functions mentioned in that subsection; and does not prevent the subpoena of an animal valuer.\n- (a) attend a place required by the chief executive at a reasonable time required by the chief executive;\n- (b) carry out a valuation of the animal;\n- (c) make a certificate of valuation for the animal;\n- (d) if required by the chief executive, immediately give— (i) the certificate of valuation to a prosecutor for the proceeding; and (ii) a copy of the certificate to the chief executive.\n- (i) the certificate of valuation to a prosecutor for the proceeding; and\n- (ii) a copy of the certificate to the chief executive.\n- (i) the certificate of valuation to a prosecutor for the proceeding; and\n- (ii) a copy of the certificate to the chief executive.\n- (a) attend the proceeding; or\n- (b) appear as a witness for the prosecution in the proceeding.\n- (a) does not apply if there are special or unusual circumstances preventing the valuer from carrying out the functions mentioned in that subsection; and\n- (b) does not prevent the subpoena of an animal valuer.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Disclosure of conflicts of interest","content":"### sec.12 Disclosure of conflicts of interest\n\nThis section applies if an animal valuer, who is selected to form a panel to value an animal for a proceeding, becomes aware that the valuer has an actual conflict of interest or potential conflict of interest about the proceeding (both a conflict of interest ).\nThe valuer must immediately give notice to the following persons of the issue giving rise to the conflict of interest—\nif the valuer becomes aware of the conflict of interest before signing the certificate of valuation for the animal—the chief executive and a prosecutor for the proceeding;\notherwise—a prosecutor for the proceeding.\nIf the chief executive receives a notice under subsection (2) (a) , the chief executive must—\nreplace the valuer on the panel; and\ntell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer.\nIf a prosecutor receives a notice under subsection (2) (b) , the prosecutor must give notice of the issue giving rise to the valuer’s conflict of interest to—\nthe court hearing the proceeding; and\nthe accused person in the proceeding or a lawyer acting for the accused person.\nIf the valuer becomes aware of the conflict of interest after signing the certificate of valuation for the animal, the valuation of the animal, and the certificate of valuation, are of no effect unless—\nall parties to the proceeding have been notified of the issue giving rise to the conflict of interest and consent to the tendering of the certificate of valuation; or\nif 1 or more parties to the proceeding do not consent—the court is satisfied that it is appropriate for the certificate to be tendered and to proceed with the proceeding with only 1 animal valuer forming the panel.\nAlso, if 1 or more parties do not consent under subsection (5) , the court may grant an adjournment of the proceeding, on terms it considers appropriate, to allow—\nthe replacement of the animal valuer on the panel; and\na new certificate of valuation to be tendered in the proceeding.\nIn this section—\nactual conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that conflicts with the proper performance of the valuer’s functions for the proceeding.\npotential conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that could conflict with the proper performance of the valuer’s functions for the proceeding.\n(sec.12-ssec.1) This section applies if an animal valuer, who is selected to form a panel to value an animal for a proceeding, becomes aware that the valuer has an actual conflict of interest or potential conflict of interest about the proceeding (both a conflict of interest ).\n(sec.12-ssec.2) The valuer must immediately give notice to the following persons of the issue giving rise to the conflict of interest— if the valuer becomes aware of the conflict of interest before signing the certificate of valuation for the animal—the chief executive and a prosecutor for the proceeding; otherwise—a prosecutor for the proceeding.\n(sec.12-ssec.3) If the chief executive receives a notice under subsection (2) (a) , the chief executive must— replace the valuer on the panel; and tell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer.\n(sec.12-ssec.4) If a prosecutor receives a notice under subsection (2) (b) , the prosecutor must give notice of the issue giving rise to the valuer’s conflict of interest to— the court hearing the proceeding; and the accused person in the proceeding or a lawyer acting for the accused person.\n(sec.12-ssec.5) If the valuer becomes aware of the conflict of interest after signing the certificate of valuation for the animal, the valuation of the animal, and the certificate of valuation, are of no effect unless— all parties to the proceeding have been notified of the issue giving rise to the conflict of interest and consent to the tendering of the certificate of valuation; or if 1 or more parties to the proceeding do not consent—the court is satisfied that it is appropriate for the certificate to be tendered and to proceed with the proceeding with only 1 animal valuer forming the panel.\n(sec.12-ssec.6) Also, if 1 or more parties do not consent under subsection (5) , the court may grant an adjournment of the proceeding, on terms it considers appropriate, to allow— the replacement of the animal valuer on the panel; and a new certificate of valuation to be tendered in the proceeding.\n(sec.12-ssec.7) In this section— actual conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that conflicts with the proper performance of the valuer’s functions for the proceeding. potential conflict of interest , for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that could conflict with the proper performance of the valuer’s functions for the proceeding.\n- (a) if the valuer becomes aware of the conflict of interest before signing the certificate of valuation for the animal—the chief executive and a prosecutor for the proceeding;\n- (b) otherwise—a prosecutor for the proceeding.\n- (a) replace the valuer on the panel; and\n- (b) tell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer.\n- (a) the court hearing the proceeding; and\n- (b) the accused person in the proceeding or a lawyer acting for the accused person.\n- (a) all parties to the proceeding have been notified of the issue giving rise to the conflict of interest and consent to the tendering of the certificate of valuation; or\n- (b) if 1 or more parties to the proceeding do not consent—the court is satisfied that it is appropriate for the certificate to be tendered and to proceed with the proceeding with only 1 animal valuer forming the panel.\n- (a) the replacement of the animal valuer on the panel; and\n- (b) a new certificate of valuation to be tendered in the proceeding.","sortOrder":15},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Deciding animal’s value","content":"## Deciding animal’s value","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Deciding animal’s value","content":"### sec.13 Deciding animal’s value\n\nThe value of an animal for an offence provision is the animal’s value as decided under this division.\nThe panel formed to value the animal must use a method of valuation (an appropriate method ) that reflects a fair and reasonable estimate of the cost to the animal’s owner of replacing the animal with a comparable animal—\non the day of the offence; and\nat or near the place where, on the day of the offence, the animal was primarily kept by the owner.\nIf the animal valuers forming the panel do not agree on the animal’s value, the value of the animal for the offence provision is the average of the values decided by each animal valuer forming the panel.\nIf, during the proceeding for the offence, the panel’s valuation of the animal is challenged and a different value is proven to be the correct value using an appropriate method, the value of the animal for the offence provision is the value proven to be correct.\nSee section 16 .\nThe valuation of the animal, and the certificate of valuation for the animal, is of no effect if 1 or both of the persons forming the panel were no longer animal valuers during part or all of the period from the panel’s formation to its making of the certificate of valuation.\nIf the animal is not available for examination by the panel, the panel may use any of the following to decide the animal’s value—\nhides, skins, ears or another part of the animal;\nan adequate prescribed record of the animal under the Code , section 450D ;\nbooks, electronic records or other records about the animal;\ninformation about comparable prices for comparable animals.\nIn this section—\noffence means the offence for an offence provision.\noffence provision means a provision of the Code to which the Code , section 450F (1) applies.\n(sec.13-ssec.1) The value of an animal for an offence provision is the animal’s value as decided under this division.\n(sec.13-ssec.2) The panel formed to value the animal must use a method of valuation (an appropriate method ) that reflects a fair and reasonable estimate of the cost to the animal’s owner of replacing the animal with a comparable animal— on the day of the offence; and at or near the place where, on the day of the offence, the animal was primarily kept by the owner.\n(sec.13-ssec.3) If the animal valuers forming the panel do not agree on the animal’s value, the value of the animal for the offence provision is the average of the values decided by each animal valuer forming the panel.\n(sec.13-ssec.4) If, during the proceeding for the offence, the panel’s valuation of the animal is challenged and a different value is proven to be the correct value using an appropriate method, the value of the animal for the offence provision is the value proven to be correct. See section 16 .\n(sec.13-ssec.5) The valuation of the animal, and the certificate of valuation for the animal, is of no effect if 1 or both of the persons forming the panel were no longer animal valuers during part or all of the period from the panel’s formation to its making of the certificate of valuation.\n(sec.13-ssec.6) If the animal is not available for examination by the panel, the panel may use any of the following to decide the animal’s value— hides, skins, ears or another part of the animal; an adequate prescribed record of the animal under the Code , section 450D ; books, electronic records or other records about the animal; information about comparable prices for comparable animals.\n(sec.13-ssec.7) In this section— offence means the offence for an offence provision. offence provision means a provision of the Code to which the Code , section 450F (1) applies.\n- (a) on the day of the offence; and\n- (b) at or near the place where, on the day of the offence, the animal was primarily kept by the owner.\n- (a) hides, skins, ears or another part of the animal;\n- (b) an adequate prescribed record of the animal under the Code , section 450D ;\n- (c) books, electronic records or other records about the animal;\n- (d) information about comparable prices for comparable animals.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Certificate of valuation","content":"### sec.14 Certificate of valuation\n\nImmediately after deciding the value of the animal, the panel must make a certificate (a certificate of valuation ) for the animal.\nThe certificate must be in the approved form.\nThe approved form must include provision for the panel to state—\nthe name of each animal valuer forming the panel; and\na description of the animal; and\nor attach, any identifying information for the animal used by the panel; and\ndetails of the appropriate method used by each animal valuer forming the panel; and\nthe value of the animal, as at a date stated in the certificate, decided by the panel; and\nthe value of the animal, as at the stated date, decided by each animal valuer forming the panel.\nThe certificate of valuation must—\nbe signed by both animal valuers forming the panel; and\ninclude a statement by each person signing the certificate that the person’s appointment as an animal valuer has not ended; and\nbe verified on oath; and\nif a requirement has not been made under section 11 (1) (d) of either animal valuer forming the panel—be given to the chief executive within 14 days after the completion of the valuation.\nThe approved form may include provision for the panel to state or attach other information relevant to the valuation.\nIn this section—\nappropriate method see section 13 (2) .\n(sec.14-ssec.1) Immediately after deciding the value of the animal, the panel must make a certificate (a certificate of valuation ) for the animal.\n(sec.14-ssec.2) The certificate must be in the approved form.\n(sec.14-ssec.3) The approved form must include provision for the panel to state— the name of each animal valuer forming the panel; and a description of the animal; and or attach, any identifying information for the animal used by the panel; and details of the appropriate method used by each animal valuer forming the panel; and the value of the animal, as at a date stated in the certificate, decided by the panel; and the value of the animal, as at the stated date, decided by each animal valuer forming the panel.\n(sec.14-ssec.4) The certificate of valuation must— be signed by both animal valuers forming the panel; and include a statement by each person signing the certificate that the person’s appointment as an animal valuer has not ended; and be verified on oath; and if a requirement has not been made under section 11 (1) (d) of either animal valuer forming the panel—be given to the chief executive within 14 days after the completion of the valuation.\n(sec.14-ssec.5) The approved form may include provision for the panel to state or attach other information relevant to the valuation.\n(sec.14-ssec.6) In this section— appropriate method see section 13 (2) .\n- (a) the name of each animal valuer forming the panel; and\n- (b) a description of the animal; and\n- (c) or attach, any identifying information for the animal used by the panel; and\n- (d) details of the appropriate method used by each animal valuer forming the panel; and\n- (e) the value of the animal, as at a date stated in the certificate, decided by the panel; and\n- (f) the value of the animal, as at the stated date, decided by each animal valuer forming the panel.\n- (a) be signed by both animal valuers forming the panel; and\n- (b) include a statement by each person signing the certificate that the person’s appointment as an animal valuer has not ended; and\n- (c) be verified on oath; and\n- (d) if a requirement has not been made under section 11 (1) (d) of either animal valuer forming the panel—be given to the chief executive within 14 days after the completion of the valuation.","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Evidentiary provisions","content":"# Evidentiary provisions","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Certificate of valuation—evidentiary effect","content":"### sec.15 Certificate of valuation—evidentiary effect\n\nIn a proceeding, a certificate of valuation for an animal purporting to be signed by 2 animal valuers forming a panel is evidence—\nof the panel’s formation for deciding the value of the animal; and\nof the value of the animal as at the day stated in the certificate; and\nthat the value of the animal has been decided under a regulation made under the Code , section 450F ; and\nof any other matter for which the approved form for a certificate of valuation, or the certificate of valuation, must or may make provision.\n- (a) of the panel’s formation for deciding the value of the animal; and\n- (b) of the value of the animal as at the day stated in the certificate; and\n- (c) that the value of the animal has been decided under a regulation made under the Code , section 450F ; and\n- (d) of any other matter for which the approved form for a certificate of valuation, or the certificate of valuation, must or may make provision.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Notice of intention to challenge value in certificate of valuation","content":"### sec.16 Notice of intention to challenge value in certificate of valuation\n\nA party to a proceeding who intends to challenge the value of an animal stated in a certificate of valuation for the animal must, if possible, give a prosecutor for the proceeding at least 14 days notice of the intention.\nIf the notice is not given within that time—\nthe value may be challenged only with the leave of the court; and\nthe court may allow the value to be challenged on terms the court considers appropriate.\n(sec.16-ssec.1) A party to a proceeding who intends to challenge the value of an animal stated in a certificate of valuation for the animal must, if possible, give a prosecutor for the proceeding at least 14 days notice of the intention.\n(sec.16-ssec.2) If the notice is not given within that time— the value may be challenged only with the leave of the court; and the court may allow the value to be challenged on terms the court considers appropriate.\n- (a) the value may be challenged only with the leave of the court; and\n- (b) the court may allow the value to be challenged on terms the court considers appropriate.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Court may grant adjournment to obtain certificate","content":"### sec.17 Court may grant adjournment to obtain certificate\n\nThis section applies if—\na prosecutor for a proceeding notifies a court that the prosecutor intends to tender a certificate of valuation for an animal during the proceeding; and\nthe certificate of valuation has not been made in the approved form, or is otherwise not available, at the time the notification is made.\nThe court may grant an adjournment, on terms it considers appropriate, to allow the certificate to be tendered in the proceeding.\n(sec.17-ssec.1) This section applies if— a prosecutor for a proceeding notifies a court that the prosecutor intends to tender a certificate of valuation for an animal during the proceeding; and the certificate of valuation has not been made in the approved form, or is otherwise not available, at the time the notification is made.\n(sec.17-ssec.2) The court may grant an adjournment, on terms it considers appropriate, to allow the certificate to be tendered in the proceeding.\n- (a) a prosecutor for a proceeding notifies a court that the prosecutor intends to tender a certificate of valuation for an animal during the proceeding; and\n- (b) the certificate of valuation has not been made in the approved form, or is otherwise not available, at the time the notification is made.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Court may order animal valuer to be called as witness","content":"### sec.18 Court may order animal valuer to be called as witness\n\nThis section applies if in a proceeding a court is satisfied that either or both of the animal valuers forming a panel that made a certificate of valuation for an animal to which the proceeding relates should be called as a witness.\nThe court may—\norder that either or both of the valuers be called as a witness; and\nadjourn the proceeding for that purpose.\nThe order may be made—\non the application of a party to the proceeding or on the court’s own initiative; and\nin addition to, or instead of, the certificate of valuation being tendered in evidence.\nWhether or not the order is made, the court must adopt the procedure it considers appropriate to enable an animal valuer to be called and examined by the parties to the proceeding, regardless of the stage reached in the proceeding.\n(sec.18-ssec.1) This section applies if in a proceeding a court is satisfied that either or both of the animal valuers forming a panel that made a certificate of valuation for an animal to which the proceeding relates should be called as a witness.\n(sec.18-ssec.2) The court may— order that either or both of the valuers be called as a witness; and adjourn the proceeding for that purpose.\n(sec.18-ssec.3) The order may be made— on the application of a party to the proceeding or on the court’s own initiative; and in addition to, or instead of, the certificate of valuation being tendered in evidence.\n(sec.18-ssec.4) Whether or not the order is made, the court must adopt the procedure it considers appropriate to enable an animal valuer to be called and examined by the parties to the proceeding, regardless of the stage reached in the proceeding.\n- (a) order that either or both of the valuers be called as a witness; and\n- (b) adjourn the proceeding for that purpose.\n- (a) on the application of a party to the proceeding or on the court’s own initiative; and\n- (b) in addition to, or instead of, the certificate of valuation being tendered in evidence.","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"False or misleading information","content":"### sec.19 False or misleading information\n\nA person must not, in relation to the administration of this regulation, give information, or a document containing information, to the chief executive that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this regulation whether or not the information or document was given in response to a specific power under this regulation.\nSubsection (1) does not apply to a person giving information or a document if, when giving the information or document, the person—\ntells the chief executive, to the best of the person’s ability, how the information or document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information or document—gives the chief executive the correct information or document.\n(sec.19-ssec.1) A person must not, in relation to the administration of this regulation, give information, or a document containing information, to the chief executive that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.19-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this regulation whether or not the information or document was given in response to a specific power under this regulation.\n(sec.19-ssec.3) Subsection (1) does not apply to a person giving information or a document if, when giving the information or document, the person— tells the chief executive, to the best of the person’s ability, how the information or document is false or misleading; and if the person has, or can reasonably obtain, the correct information or document—gives the chief executive the correct information or document.\n- (a) tells the chief executive, to the best of the person’s ability, how the information or document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information or document—gives the chief executive the correct information or document.","sortOrder":25},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Replacement of animal valuer","content":"### sec.20 Replacement of animal valuer\n\nThe chief executive may replace an animal valuer forming a panel if—\na position on the panel becomes vacant; or\nthe valuer is unwilling to perform the valuer’s functions; or\nthe chief executive considers the valuer is unavailable, because of illness or for another reason, to perform the valuer’s functions.\nAn animal valuer may also be replaced under section 12 .\n- (a) a position on the panel becomes vacant; or\n- (b) the valuer is unwilling to perform the valuer’s functions; or\n- (c) the chief executive considers the valuer is unavailable, because of illness or for another reason, to perform the valuer’s functions.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Immunity of animal valuer","content":"### sec.21 Immunity of animal valuer\n\nAn animal valuer, in the performance of the valuer’s relevant functions, has the same protection and immunity as a Supreme Court judge has in the performance of a judge’s functions.\nIn this section—\nrelevant functions , of an animal valuer—\nmeans the functions of the valuer mentioned in section 11 (1) (b) to (d) ; and\ndoes not include an act or omission of the valuer that is incidental to the carrying out of a function mentioned in paragraph (a) .\n(sec.21-ssec.1) An animal valuer, in the performance of the valuer’s relevant functions, has the same protection and immunity as a Supreme Court judge has in the performance of a judge’s functions.\n(sec.21-ssec.2) In this section— relevant functions , of an animal valuer— means the functions of the valuer mentioned in section 11 (1) (b) to (d) ; and does not include an act or omission of the valuer that is incidental to the carrying out of a function mentioned in paragraph (a) .\n- (a) means the functions of the valuer mentioned in section 11 (1) (b) to (d) ; and\n- (b) does not include an act or omission of the valuer that is incidental to the carrying out of a function mentioned in paragraph (a) .","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Register of animal valuers","content":"### sec.22 Register of animal valuers\n\nThe chief executive must keep a register of animal valuers in a form the chief executive considers appropriate.\nThe register must contain the following information about each animal valuer—\nthe valuer’s name and contact details;\nthe date of the valuer’s appointment as an animal valuer.\nIf the chief executive receives written notice from an animal valuer of a change in the valuer’s name or address, the chief executive must record the new name or address in the register.\n(sec.22-ssec.1) The chief executive must keep a register of animal valuers in a form the chief executive considers appropriate.\n(sec.22-ssec.2) The register must contain the following information about each animal valuer— the valuer’s name and contact details; the date of the valuer’s appointment as an animal valuer.\n(sec.22-ssec.3) If the chief executive receives written notice from an animal valuer of a change in the valuer’s name or address, the chief executive must record the new name or address in the register.\n- (a) the valuer’s name and contact details;\n- (b) the date of the valuer’s appointment as an animal valuer.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Fees and allowances","content":"### sec.23 Fees and allowances\n\nThis section states the fees and allowances payable to an animal valuer forming a panel for performing the functions of an animal valuer.\nThe fee payable to the valuer for each day or part of a day on which a valuation is carried out is $251.10.\nThe allowances payable to the valuer for carrying out a valuation are—\na travelling allowance that is—\nthe amount actually and properly paid for fares for public transport; or\nif a private vehicle is used—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent; and\nan accommodation allowance payable in the same circumstances, and at the same rate, as that payable to a public service officer under the Public Sector Act 2022 ; and\na meal allowance payable in the same circumstances, and at the same rate, as that payable to a public service officer under the Public Sector Act 2022 .\nThe fees and allowances payable for attending at court (the court allowances ) are the same court allowances payable under the court’s rules to a professional witness attending to give evidence of a professional nature or, to the extent to which the rules do not provide for those court allowances, the same court allowances as are payable to an expert witness.\nFor subsections (3) and (4) , if part or all of an animal valuer’s fees or allowances are common to more than 1 proceeding, the fees or allowances payable must be apportioned to reflect that fact.\nThe chief executive must pay an animal valuer’s fees or allowances—\nfor carrying out a valuation—after receiving—\nthe certificate of valuation or a copy of the certificate of valuation; and\na claim for payment; and\nproof of the claim, if any; or\nfor attending at court—after receiving—\na claim for payment; and\nproof of the claim, if any.\nIf an amount payable under this section is for a supply on which GST is payable, the amount payable under this section is to be increased to take account of the GST.\ns 23 amd 2017 SL No. 109 s 41 ; 2018 SL No. 72 s 40 ; 2019 SL No. 105 s 40 ; 2020 SL No. 143 s 41 ; 2021 SL No. 84 s 40 ; 2022 SL No. 79 s 53 ; 2023 SL No. 60 s 4 ; 2024 SL No. 62 s 4 ; 2025 SL No. 44 s 4\n(sec.23-ssec.1) This section states the fees and allowances payable to an animal valuer forming a panel for performing the functions of an animal valuer.\n(sec.23-ssec.2) The fee payable to the valuer for each day or part of a day on which a valuation is carried out is $251.10.\n(sec.23-ssec.3) The allowances payable to the valuer for carrying out a valuation are— a travelling allowance that is— the amount actually and properly paid for fares for public transport; or if a private vehicle is used—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent; and an accommodation allowance payable in the same circumstances, and at the same rate, as that payable to a public service officer under the Public Sector Act 2022 ; and a meal allowance payable in the same circumstances, and at the same rate, as that payable to a public service officer under the Public Sector Act 2022 .\n(sec.23-ssec.4) The fees and allowances payable for attending at court (the court allowances ) are the same court allowances payable under the court’s rules to a professional witness attending to give evidence of a professional nature or, to the extent to which the rules do not provide for those court allowances, the same court allowances as are payable to an expert witness.\n(sec.23-ssec.5) For subsections (3) and (4) , if part or all of an animal valuer’s fees or allowances are common to more than 1 proceeding, the fees or allowances payable must be apportioned to reflect that fact.\n(sec.23-ssec.6) The chief executive must pay an animal valuer’s fees or allowances— for carrying out a valuation—after receiving— the certificate of valuation or a copy of the certificate of valuation; and a claim for payment; and proof of the claim, if any; or for attending at court—after receiving— a claim for payment; and proof of the claim, if any.\n(sec.23-ssec.7) If an amount payable under this section is for a supply on which GST is payable, the amount payable under this section is to be increased to take account of the GST.\n- (a) a travelling allowance that is— (i) the amount actually and properly paid for fares for public transport; or (ii) if a private vehicle is used—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent; and\n- (i) the amount actually and properly paid for fares for public transport; or\n- (ii) if a private vehicle is used—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent; and\n- (b) an accommodation allowance payable in the same circumstances, and at the same rate, as that payable to a public service officer under the Public Sector Act 2022 ; and\n- (c) a meal allowance payable in the same circumstances, and at the same rate, as that payable to a public service officer under the Public Sector Act 2022 .\n- (i) the amount actually and properly paid for fares for public transport; or\n- (ii) if a private vehicle is used—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest whole cent; and\n- (a) for carrying out a valuation—after receiving— (i) the certificate of valuation or a copy of the certificate of valuation; and (ii) a claim for payment; and (iii) proof of the claim, if any; or\n- (i) the certificate of valuation or a copy of the certificate of valuation; and\n- (ii) a claim for payment; and\n- (iii) proof of the claim, if any; or\n- (b) for attending at court—after receiving— (i) a claim for payment; and (ii) proof of the claim, if any.\n- (i) a claim for payment; and\n- (ii) proof of the claim, if any.\n- (i) the certificate of valuation or a copy of the certificate of valuation; and\n- (ii) a claim for payment; and\n- (iii) proof of the claim, if any; or\n- (i) a claim for payment; and\n- (ii) proof of the claim, if any.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Delegation","content":"### sec.24 Delegation\n\nThe chief executive may delegate the chief executive’s powers under this regulation to an appropriately qualified officer of the department.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Approval of forms","content":"### sec.25 Approval of forms\n\nThe chief executive may approve forms for use under this regulation.","sortOrder":32},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":33},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Repeal of Criminal Code (Animal Valuers) Regulation 1999","content":"### sec.26 Repeal of Criminal Code (Animal Valuers) Regulation 1999\n\nThe Criminal Code (Animal Valuers) Regulation 1999, SL No. 136 is repealed.","sortOrder":35},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Definitions for div 2","content":"### sec.27 Definitions for div 2\n\nIn this division—\nrepealed regulation means the repealed Criminal Code (Animal Valuers) Regulation 1999 .","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Applications for appointment as animal valuer","content":"### sec.28 Applications for appointment as animal valuer\n\nThis section applies to an application for appointment as an animal valuer—\nmade under the repealed regulation; and\nnot decided immediately before the commencement.\nThe application is taken to be an application for appointment as an animal valuer under section 3.\n(sec.28-ssec.1) This section applies to an application for appointment as an animal valuer— made under the repealed regulation; and not decided immediately before the commencement.\n(sec.28-ssec.2) The application is taken to be an application for appointment as an animal valuer under section 3.\n- (a) made under the repealed regulation; and\n- (b) not decided immediately before the commencement.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Continuation of appointment as animal valuer","content":"### sec.29 Continuation of appointment as animal valuer\n\nThe repeal of the repealed regulation does not affect the appointment of a person as an animal valuer made before the commencement.\nAlso, if immediately before the commencement a person’s appointment as an animal valuer was subject to a condition, the appointment continues to be subject to the condition under this regulation.\n(sec.29-ssec.1) The repeal of the repealed regulation does not affect the appointment of a person as an animal valuer made before the commencement.\n(sec.29-ssec.2) Also, if immediately before the commencement a person’s appointment as an animal valuer was subject to a condition, the appointment continues to be subject to the condition under this regulation.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Tribunal selected under repealed regulation","content":"### sec.30 Tribunal selected under repealed regulation\n\nThis section applies if—\nbefore the commencement, a tribunal was selected under the repealed regulation to value an animal for a proceeding; and\nimmediately before the commencement, the charge involving the animal to which the proceeding relates was not finally dealt with.\nThe tribunal is taken to be a panel formed under this regulation to value the animal for the proceeding.\nA certificate of valuation for the animal issued by the tribunal for the proceeding under the repealed regulation is taken to be a certificate of valuation made for the animal under section 14.\n(sec.30-ssec.1) This section applies if— before the commencement, a tribunal was selected under the repealed regulation to value an animal for a proceeding; and immediately before the commencement, the charge involving the animal to which the proceeding relates was not finally dealt with.\n(sec.30-ssec.2) The tribunal is taken to be a panel formed under this regulation to value the animal for the proceeding.\n(sec.30-ssec.3) A certificate of valuation for the animal issued by the tribunal for the proceeding under the repealed regulation is taken to be a certificate of valuation made for the animal under section 14.\n- (a) before the commencement, a tribunal was selected under the repealed regulation to value an animal for a proceeding; and\n- (b) immediately before the commencement, the charge involving the animal to which the proceeding relates was not finally dealt with.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"References to repealed regulation","content":"### sec.31 References to repealed regulation\n\nIn a document, if the context permits—\na reference to the repealed regulation may be taken to be a reference to this regulation; and\na reference to a repealed provision may be taken to be a reference to a corresponding provision.\nSubsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H .\nIn this section—\ncorresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision.\nrepealed provision means a provision of the repealed regulation as in force immediately before the commencement.\n(sec.31-ssec.1) In a document, if the context permits— a reference to the repealed regulation may be taken to be a reference to this regulation; and a reference to a repealed provision may be taken to be a reference to a corresponding provision.\n(sec.31-ssec.2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H .\n(sec.31-ssec.3) In this section— corresponding provision , to a repealed provision, means a provision of this regulation that is substantially the same as the repealed provision. repealed provision means a provision of the repealed regulation as in force immediately before the commencement.\n- (a) a reference to the repealed regulation may be taken to be a reference to this regulation; and\n- (b) a reference to a repealed provision may be taken to be a reference to a corresponding provision.","sortOrder":41}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.7(2)(b) and sec.8(1)(a)","severity":"low","reasoning":"Section 8(1)(a) ends the appointment immediately upon conviction of an indictable offence or dishonesty offence. Section 7(2)(b) and 7(4) require the valuer to notify the chief executive 'as soon as possible' after that same conviction. The notification requirement is a condition of appointment, but appointment has already ended. The person is thus obligated to notify as a former valuer about an event that already terminated their role — the condition is unenforceable against a non-appointee, and practically pointless if the ending is automatic.","confidence":0.72,"description":"A convicted animal valuer must notify the chief executive of their conviction 'as soon as possible', but their office ends automatically upon conviction. The obligation to notify exists after the office has already ceased, creating a duty that serves no administrative purpose since the terminating event is self-executing."},{"type":"other","section":"sec.14(4)(b)","severity":"medium","reasoning":"If a valuer's appointment has ended, section 13(5) renders the valuation and certificate of no effect regardless. Requiring a statement in the certificate that the appointment has not ended is therefore either redundant (where true) or produces a false declaration in an invalid document. There is no mechanism to remedy a certificate made in good faith where appointment status was uncertain at signing.","confidence":0.78,"description":"The certificate of valuation must include a statement by each signing animal valuer that 'the person's appointment as an animal valuer has not ended', yet section 13(5) voids the certificate if either valuer ceased to be an animal valuer during the relevant period. This creates a self-defeating requirement: the statement cannot cure the invalidity, and a false statement would expose the valuer to liability under section 19."},{"type":"other","section":"sec.8(4)","severity":"medium","reasoning":"Section 8(4) imposes continuing obligations on resigned valuers. Section 21 grants immunity to 'an animal valuer' in the performance of relevant functions. A resigned person is no longer an animal valuer, so the immunity provision may not apply to their post-resignation conduct even though they are compelled to act as if they were still a valuer. This gap could deter legitimate resignations or expose former valuers to civil liability.","confidence":0.75,"description":"A person who resigns as an animal valuer must still attend proceedings and perform functions 'as if the person were still an animal valuer', yet section 21's immunity provision applies only to performing functions under section 11(1)(b)-(d). It is unclear whether the resigned valuer retains the judicial immunity when performing these post-resignation functions, potentially exposing them to liability without the protections they had as an appointee."},{"type":"self_contradicting","section":"sec.11(2) and sec.11(3)","severity":"low","reasoning":"The regulation creates a softer obligation (requiring attendance with an escape clause) and then immediately notes that the harder mechanism (subpoena with no escape clause) is unaffected. The exemption for special circumstances is illusory if a prosecutor can bypass it entirely by issuing a subpoena.","confidence":0.65,"description":"Section 11(2) requires a valuer to attend proceedings or appear as a prosecution witness if required by a prosecutor. Section 11(3)(a) exempts the valuer if 'special or unusual circumstances' prevent compliance. However, section 11(3)(b) preserves the power to subpoena the valuer. A subpoena compels attendance without a 'special or unusual circumstances' exemption, meaning the exemption in 11(3)(a) is practically negated for any case where a prosecutor chooses to subpoena instead of simply requiring attendance."},{"type":"impossible_compliance","section":"sec.13(5)","severity":"high","reasoning":"An animal valuer cannot guarantee they will remain appointed throughout the valuation period where the chief executive retains a broad discretion to find them 'no longer suitable' under s.8(1)(c). The valuation is thus subject to nullification by executive decision at any point, regardless of the quality of work done. There is no savings provision protecting a completed valuation where the valuer was qualified at the time of valuation but lost appointment through no fault linked to the valuation.","confidence":0.8,"description":"Section 13(5) voids the valuation and certificate if either panel member 'was no longer an animal valuer during part or all of the period from the panel's formation to its making of the certificate of valuation.' This creates an impossible compliance scenario: if a valuer loses their appointment mid-process for any reason (including matters outside their control, such as the chief executive's administrative decision under s.8(1)(c)), the entire valuation is nullified, wasting all prior work and potentially delaying criminal proceedings indefinitely."},{"type":"self_contradicting","section":"sec.12(5)(b)","severity":"medium","reasoning":"The regulation mandates a 2-person panel for formation and valuation purposes, but section 12(5)(b) permits the court to proceed with a 1-person panel if parties do not consent to the conflicted valuer's certificate. This creates two irreconcilable structural requirements depending on the stage of proceedings, with no guidance on how a single-valuer panel conducts itself under division 2 rules written for two valuers.","confidence":0.82,"description":"Section 12(5)(b) allows a court to proceed 'with only 1 animal valuer forming the panel', but section 10(1) requires the chief executive to select 2 animal valuers to form a panel and section 13(3) contemplates averaging values between 2 valuers. The entire valuation framework is built around a 2-member panel. Proceeding with 1 valuer produces a structurally inconsistent outcome where the averaging mechanism in section 13(3) cannot apply and the panel quorum requirement is abandoned mid-proceeding."},{"type":"other","section":"sec.16(1)","severity":"low","reasoning":"The 'if possible' qualifier means a party can always claim it was not possible to give 14 days notice. The leave requirement in 16(2) then becomes the default pathway for any challenger who asserts impossibility, making the primary notice requirement largely aspirational rather than mandatory.","confidence":0.68,"description":"Section 16(1) requires a party intending to challenge the certificate value to give '14 days notice... if possible'. The qualifier 'if possible' effectively makes the notice requirement optional, yet section 16(2) imposes a leave requirement if notice was not given 'within that time'. The provision creates a purported obligation that is simultaneously excusable at the obligor's discretion, making the enforcement mechanism in 16(2) potentially unworkable."},{"type":"other","section":"sec.3(3)(b) and sec.4(2)(b)","severity":"low","reasoning":"The dual treatment means the chief executive must apply two different frameworks to criminal history depending on the nature of the conviction. This is not necessarily a logical flaw but creates ambiguity where, for example, a spent conviction for a dishonesty offence might be an absolute bar under s.3(3)(b) while only a discretionary factor under s.4(2)(b). The interaction is not addressed.","confidence":0.6,"description":"Section 3(3)(b) disqualifies from eligibility a person 'convicted of an indictable offence or an offence involving dishonesty', making them ineligible to apply. However, section 4(2)(b) separately allows the chief executive to consider 'the person's criminal history' as a reason to find an otherwise eligible person unsuitable. These provisions create overlapping but inconsistent treatment of criminal history — some convictions are absolute bars at eligibility stage, while criminal history more broadly (presumably including less serious matters) is a discretionary factor at suitability stage."}],"contradictions":[{"severity":"high","section_a":"sec.10(1)","section_b":"sec.12(5)(b)","confidence":0.85,"description":"Section 10(1) mandates that a panel must consist of exactly 2 animal valuers. Section 12(5)(b) permits the court to allow proceedings to continue 'with only 1 animal valuer forming the panel'. These provisions directly contradict the structural requirement for a 2-member panel, with no amendment to the valuation methodology provisions in section 13 to accommodate a single-valuer panel."},{"severity":"medium","section_a":"sec.7(2)(b) and sec.7(4)","section_b":"sec.8(1)(a)","confidence":0.78,"description":"Section 7(2)(b) and 7(4) impose an ongoing condition of appointment requiring a valuer to notify the chief executive 'as soon as possible' upon conviction of an indictable or dishonesty offence. Section 8(1)(a) provides that such a conviction automatically ends the appointment. The notification obligation cannot be a condition of an appointment that has already been automatically terminated by the same triggering event."},{"severity":"low","section_a":"sec.11(2)","section_b":"sec.11(3)(a)","confidence":0.65,"description":"Section 11(2) imposes a mandatory duty on the valuer to attend proceedings or appear as a witness if required by a prosecutor. Section 11(3)(a) states that subsection (2) 'does not apply' if there are special or unusual circumstances. A mandatory obligation that does not apply in unspecified 'special or unusual circumstances' is internally contradictory — it is unclear whether this creates a true exemption or a defence, and who determines whether circumstances are sufficiently special or unusual."},{"severity":"medium","section_a":"sec.13(3)","section_b":"sec.13(4)","confidence":0.7,"description":"Section 13(3) provides that if the two valuers disagree, the value is the average of their two values. Section 13(4) provides that if a different value is proven correct during proceedings using an 'appropriate method', that value applies instead. However, section 13(2) defines 'appropriate method' as the method used by the panel. A challenger in proceedings using an 'appropriate method' (as defined by reference to the panel's own methodology standard) to prove a different value creates a circularity — the override mechanism relies on the same definitional framework as the original valuation."},{"severity":"high","section_a":"sec.14(4)(a)","section_b":"sec.13(5)","confidence":0.8,"description":"Section 14(4)(a) requires the certificate to be 'signed by both animal valuers forming the panel'. Section 13(5) voids the valuation if either valuer 'was no longer an animal valuer during part or all of the period from the panel's formation to its making of the certificate'. Read together, these sections contemplate that both valuers will sign, but if one has ceased to be a valuer (perhaps without either party's knowledge at time of signing), the signed certificate is automatically void — meaning a facially valid, properly executed certificate may be legally ineffective with no mechanism for detection or cure short of entirely repeating the process."},{"severity":"medium","section_a":"sec.8(4)","section_b":"sec.21(1)","confidence":0.75,"description":"Section 8(4) requires a resigned animal valuer to continue performing functions 'as if the person were still an animal valuer'. Section 21(1) grants immunity to 'an animal valuer' in the performance of relevant functions. A resigned valuer is not an animal valuer, so the immunity does not textually apply to their post-resignation conduct, contradicting the policy rationale of section 8(4) which treats them as functionally equivalent to a current valuer."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation does exactly what its title and structure promise: it establishes a system for appointing animal valuers and using their valuations in criminal proceedings where an animal's value determines penalty severity. There is no evidence of scope creep — the provisions are tightly focused on appointment, valuation process, evidentiary use, and related administrative machinery."},"complexity_factors":["Multiple interlocking roles (chief executive, prosecutor, panel of valuers, court) with specific obligations at each step","Cross-references to external legislation (Criminal Code sections 398, 450D, 450F, Chapter 44, section 468; Public Sector Act 2022; Acts Interpretation Act 1954) that are essential to understand the full scope","Detailed conflict-of-interest provisions with different consequences depending on timing (before vs after signing the certificate)","Nuanced evidentiary rules governing how the certificate is used in court, how it can be challenged, and when courts can adjourn","Transitional provisions bridging the old 1999 regulation and the new 2014 one","Immunity provisions that require understanding of Supreme Court judge protections to interpret","Fee and allowance structure with multiple cross-references to public sector pay scales"],"plain_english_summary":"This Queensland regulation creates a formal system for valuing animals (livestock, pets, wildlife) when value affects criminal penalties: it appoints independent expert valuers, sets eligibility and conflict-of-interest rules, and requires a two‑valuer inspection and a sworn certificate based on replacement cost. The certificate is prima facie evidence in court (subject to challenge with notice), valuers receive set fees and protections, and giving false information to the chief executive is a criminal offence."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 1999 regulation but preserves ongoing applications, existing appointments and previously selected tribunals as panels (secs 26, 28–30). It consolidates procedural rules for valuers (appointment, panel formation, valuation method, certificates, evidentiary effect, fees) without expanding or narrowing the core valuation function under Criminal Code s450F."},"complexity_factors":["Interplay with Criminal Code s450F — valuation regime sits as procedural detail to a substantive Code provision (see pts.3, secs 9–13).","Chief executive discretion — broad selection, suitability, replacement and delegation powers (secs 4, 10, 20, 24).","Procedural notice and verification requirements — police criminal-history checks, statutory declarations and time limits for supplying information (sec 5).","Conflict-of-interest and evidentiary processes — mandatory disclosure, replacement, court-admission rules and challenge procedure (secs 12, 13, 15–18).","Administrative compliance burden on valuers — notification duties, certificate formalities, register entry (secs 7, 14, 22).","Fees and cross-reference to Public Sector Act and court rules — fixed daily fee, travel/accommodation/meal allowances and GST treatment (sec 23).","Penalty for false or misleading information — strict offence with a specified penalty (sec 19).","Transitional and repeal mechanics preserve continuity with prior regulation (secs 26–31)."],"plain_english_summary":"This regulation sets out how `animal valuers` are appointed, what qualifies them, how two-person panels are formed to estimate an animal’s replacement value for certain Criminal Code offences, how valuations are certified and used in court, and the fees, reporting duties and limited immunities that attach to valuers.  It affects applicants and appointed valuers (who must disclose convictions, bankruptcies and contact changes), prosecutors and courts that rely on valuations, and accused persons or owners whose fines or penalties may be fixed by those valuations."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a system for appointing animal valuers and conducting valuations for criminal proceedings. The 2014 version is a straightforward remake of the 1999 regulation with updated administrative references (e.g., Public Sector Act 2022 replacing earlier legislation) and clarified procedural details, but does not expand beyond the core function of animal valuation for criminal cases."},"complexity_factors":["Moderate cross-referencing to Criminal Code sections 398, 450D, 450F, 468 and Chapter 44","Nested conditional logic in Section 12 (conflict of interest disclosure) with different notification requirements depending on timing of awareness","Dual valuation methodology requirements (Section 13) with fallback averaging mechanism and challenge provisions","Multiple appointment termination triggers in Section 8 (conviction, bankruptcy, unsuitability, non-compliance, resignation)","Transitional provisions preserving rights under repealed 1999 regulation (Sections 26–31)","Fee calculation referencing external Public Sector Act 2022 rates for travel, accommodation and meals","Defined terms scattered throughout (eligible person, appropriate method, offence provision, conflict of interest definitions) rather than concentrated in dictionary"],"plain_english_summary":"This regulation sets up a system for appointing and managing **animal valuers** — independent experts who determine how much animals are worth for specific criminal cases in Queensland.\n\n**Who it affects:**\n- **Applicants**: Adults with clean criminal records and no bankruptcy history who want to become certified animal valuers\n- **Chief Executive**: The government officer who appoints valuers, forms valuation panels, and keeps the register\n- **Prosecutors**: Police or lawyers who request animal valuations for criminal proceedings\n- **Courts and accused persons**: Those involved in cases where animal value affects sentencing\n\n**What it does:**\n\n**1. Appointment process (Sections 3–8)**\n- Sets eligibility criteria: must be adult, no serious criminal convictions, not bankrupt\n- Requires chief executive to assess qualifications, expertise, and competence\n- Allows criminal history checks and additional information requests\n- Appointments can be conditional and are made under the Criminal Code, not public service laws\n- Valuers must report changes in name, address, criminal convictions, or bankruptcy status\n\n**2. Valuation panels for criminal cases (Sections 9–14)**\n- When prosecutors need to establish an animal's value for certain offences (stock theft, animal cruelty, etc.), they request a panel\n- Chief executive selects **two valuers** to form a panel\n- Panel must value the animal based on replacement cost at the time and place of the offence\n- If valuers disagree, they average their figures\n- They produce a sworn certificate of valuation with detailed methodology\n\n**3. Court procedures (Sections 15–18)**\n- Certificates are admissible as evidence of value\n- Parties must give 14 days' notice to challenge a valuation\n- Courts can order valuers to appear as witnesses\n- Courts can adjourn proceedings if certificates aren't ready\n\n**4. Professional standards and protections**\n- Valuers must disclose conflicts of interest (Section 12)\n- Valuers have immunity similar to Supreme Court judges when performing core functions (Section 21)\n- False information to the chief executive carries penalties up to 100 penalty units (Section 19)\n\n**5. Administration**\n- Chief executive maintains a register of valuers (Section 22)\n- Valuers receive set fees ($251.10 per day) plus travel, accommodation and meal allowances (Section 23)\n- Fees are updated annually (noted amendments through 2025)\n\n**Why it matters:**\nThis ensures consistent, independent valuation of animals in criminal cases — particularly important for Queensland's agricultural sector where stock theft and animal welfare offences require fair market valuation for sentencing and restitution purposes. It replaces an older 1999 system with clearer procedures and better safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-code-animal-valuers-regulation-2014","history":"/api/acts/criminal-code-animal-valuers-regulation-2014/history","analysis":"/api/acts/criminal-code-animal-valuers-regulation-2014/analysis","conflicts":"/api/acts/criminal-code-animal-valuers-regulation-2014/conflicts","importantCases":"/api/acts/criminal-code-animal-valuers-regulation-2014/important-cases","documents":"/api/acts/criminal-code-animal-valuers-regulation-2014/documents"}}