{"id":"tas:act-1962-070","name":"Law of Animals Act 1962","slug":"law-of-animals-act-1962","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"70 of 1962","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110412,"registerId":"tas-act-1962-070-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"# Part I Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"### 1 Short title and commencement\n\n> This Act may be cited as the [Law of Animals Act 1962](/view/html/inforce/2026-04-12/act-1962-070) and shall commence on the day on which the [Local Government Act 1962](/view/html/inforce/2026-04-12/act-9999-999) commences.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Amended by No. 15 of 1985, s. 4 \\]**\\[Section 2 Amended by No. 30 of 1995, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears –\n> \n> > ***owner*** –\n> > \n> > > > (a) in relation to an animal includes any servant or agent of the owner having charge of the animal; and\n> > > \n> > > > (b) in relation to land means the person in possession thereof, his servants, and agents;\n> \n> > ***pound*** means a pound established under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) .","sortOrder":2},{"sectionNumber":"Part II","sectionType":"part","heading":"Distress Damage Feasant","content":"# Part II Distress Damage Feasant","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Limitation of right of distress","content":"### 3 Limitation of right of distress\n\n> The right to distrain trespassing animals is subject to the provisions of this Part.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Distance","content":"### 4 Distance\n\n> *\\[Section 4 Amended by No. 75 of 1973, s. 2 and Sched. 1 \\]*For the purposes of this Part, distance shall be reckoned by the shortest route practicable in the circumstances and distances less than a kilometre shall be disregarded in determining which is the shorter of 2 routes.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Impounding in private pounds","content":"### 5 Impounding in private pounds\n\n> *\\[Section 5 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 5 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*An owner who distrains a trespassing animal and detains it on his own land –\n> > \n> > > > (a) shall, as soon as practicable after finding the animal –\n> > > > \n> > > > > > (i) inform the officer in charge of the nearest police station, if orally, confirming the information in writing as soon as practicable; and\n> > > > > \n> > > > > > (ii) give notice in writing to the owner of the animal, if known to him, and if not to the keeper of the nearest pound –\n> > > > \n> > > > of the particulars mentioned in [section 6](#GS6@EN) [(2)](#GS6@Gs2@EN) ;\n> > > \n> > > > (b) is bound to comply with the provisions of the [Animal Welfare Act 1993](/view/html/inforce/2026-04-12/act-1993-063) in respect of the animal;\n> > > \n> > > > (c) may recover from the owner of the animal the charges prescribed under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) for keep, giving notice of impounding, and damage done by the animal in trespassing; and\n> > > \n> > > > (d) may at any time deal with the animal as provided in [section 6](#GS6@EN) .\n> \n> > (2)  Where an animal detained on the distraining owner's land is dealt with as provided in [section 6](#GS6@EN) within 24 hours after it is found trespassing, it is unnecessary to comply with [subsection (1)](#GS5@Gs1@EN) [(a)](#GS5@Gs1@Hpa@EN) .\n> \n> > (3)  If an animal detained on the distraining owner's land appears to be too sick or injured reasonably to be removed to a pound the distraining owner may apply to a justice for authority to destroy the animal, and the justice, after such inquiry and inspection as he thinks sufficient, may give his authority accordingly by warrant under his hand, and shall therein direct and authorize the disposition of the carcase and of the proceeds of sale, if any, of the carcase or any part of it.\n> \n> > (4)  If an owner who has distrained a trespassing animal contravenes this section in respect of it his detention of the animal thereafter is unlawful.\n> \n> > (5)  A person who has not complied with [paragraph (a)](#GS5@Gs1@Hpa@EN) of [subsection (1)](#GS5@Gs1@EN) within 24 hours of finding the animal trespassing shall be deemed to have contravened the paragraph unless he proves that he did comply therewith as soon as practicable.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Impounding in municipal pounds","content":"### 6 Impounding in municipal pounds\n\n> > (1)  *\\[Section 6 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 \\]*An owner who distrains an animal trespassing on his land, if the place where the animal found trespassing is –\n> > \n> > > > (a) within 8 kilometres of a pound, shall as soon as practicable after finding the animal; or\n> > > \n> > > > (b) not within 8 kilometres of a pound, may –\n> > \n> > drive or take the animal to the nearest pound, and there deliver it to the poundkeeper to be impounded.\n> \n> > (2)  With the animal he shall deliver to the poundkeeper a written statement specifying –\n> > \n> > > > (a) his name, address, and degree, profession, or calling;\n> > > \n> > > > (b) the description of the animal;\n> > > \n> > > > (c) the marks and brands thereon as far as they can be ascertained;\n> > > \n> > > > (d) the name of the owner, if known to him;\n> > > \n> > > > (e) the place where the animal was found trespassing; and\n> > > \n> > > > (f) the amount of the driving or transport charges and the damages, if any, claimed by him.\n> \n> > (3)  If the place where the animal is found trespassing is the same distance from 2 or more pounds the owner may cause the animal to be impounded at either or any of those pounds.\n> \n> > (4)  If the poundkeeper is absent from the nearest pound, the owner may cause the animal to be impounded at some other convenient pound.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Right of owner to recover possession","content":"### 7 Right of owner to recover possession\n\n> *\\[Section 7 Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 \\]*\n> \n> > (1)  *\\[Section 7 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 \\]*The owner of an animal which is, or is being, or is liable to be, taken as a distress for damage done may recover the possession of the animal upon payment of all charges lawfully due under the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) in respect of the animal at the time recovery is claimed by him or on his behalf.\n> \n> > (2)  If recovery is claimed under this section before or during the taking of the animal to the pound, the person having possession of the animal shall inform the person making the claim of the name of the person on whose behalf the animal is held and of the amount of the charges which he claims to be then due.\n> \n> > (3)  If the owner of an animal taken for distress thinks that the amount –\n> > \n> > > > (a) stated by the poundkeeper to be due in respect of it, in the case of an animal received into the pound; or\n> > > \n> > > > (b) claimed as provided in [subsection (2)](#GS7@Gs2@EN) , in the case of an animal not yet received into a pound –\n> > \n> > is excessive or that the impounding is unlawful he may pay under protest, and the person receiving payment shall give to the person making it a receipt, if required, acknowledging that the payment is made under protest, and the owner may proceed as provided in [section 8](#GS8@EN) .\n> \n> > (4)  *\\[Section 7 Subsection (4) amended by No. 55 of 1965, s. 5 \\]*A person who fails to give up an animal to a person entitled to recover possession of it under this section is liable to a fine not exceeding 5 penalty units.\n> \n> > (5)  When any animal is released from a pound under this section the poundkeeper shall retain the fees, charges, and damages paid in respect of it until the expiration of the time limited for taking proceedings under [section 8](#GS8@EN) in respect of the impounding or until the determination of such proceedings, if commenced.","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Rescue and illegal impounding of distress damage feasant","content":"### 7A Rescue and illegal impounding of distress damage feasant\n\n> [*\\[Section 7A Inserted by No. 15 of 2014, s. 59, Applied:19 Dec 2014\\]*](/view/html/inforce/2014-12-19/act-2014-015#GS59@EN) A person who –\n> \n> > > (a) impounds or detains any animal unlawfully; or\n> > \n> > > (b) rescues any animal impounded or seized for the purpose of impounding –\n> \n> as a distress damage feasant is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Proceedings alternative to replevin","content":"### 8 Proceedings alternative to replevin\n\n> > (1)  [*\\[Section 8 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja6@GC1@EN) Within 7 days after any payment has been made under protest, as provided by [section 7](#GS7@EN) , the owner of the animal in respect of which the payment was made may proceed to dispute–\n> > \n> > > > (a) the amount of the fees, charges, or damages claimed in respect of the animal; or\n> > > \n> > > > (b) the legality of the impounding–\n> > \n> > by way of action under the [Magistrates Court (Civil Division) Act 1992](/view/html/inforce/2026-04-12/act-1992-027) .\n> \n> > (2)  The person to whom payment was made shall be a defendant in an action under this section and where the plaintiff disputes the legality of the impounding the person impounding the animal shall also be a defendant.\n> \n> > (3)  *\\[Section 8 Subsection (3) amended by No. 55 of 1965, s. 5 \\]*If on the hearing of the action the court is satisfied –\n> > \n> > > > (a) that the amount of the fees, charges, and damages demanded in respect of the animal is excessive, it may –\n> > > > \n> > > > > > (i) assess the amount of the fees, charges, and damages due; and\n> > > > > \n> > > > > > (ii) order the repayment to the owner of the animal of any amount paid in excess of the amount so assessed; and\n> > > \n> > > > (b) that the impounding was unlawful, it may order –\n> > > > \n> > > > > > (i) the repayment to the owner of the fees, charges, and damages paid by him;\n> > > > > \n> > > > > > (ii) the payment of any such fees, charges, and damages to the poundkeeper by the person impounding the animal; and\n> > > > > \n> > > > > > (iii) the payment to the owner by the person impounding the animal of such compensation, not exceeding $60, as the court thinks fit.\n> \n> > (4)  The court may hear and determine the action, notwithstanding that the amount in dispute exceeds the limits of its jurisdiction.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Search for lost stock","content":"### 9 Search for lost stock\n\n> > (1)  The owner of any domestic animals who has reasonable grounds for believing that any of them are on the land of another person and who –\n> > \n> > > > (a) has been refused permission by that other person to search for them on his land; or\n> > > \n> > > > (b) owing to the absence of that other person from the neighbourhood or for any other satisfactory reason is unable to communicate with that other person within reasonable time –\n> > \n> > may apply to a justice for authority to enter and search that land for the animals.\n> \n> > (2)  The justice may give to the owner a warrant under his hand subject to such terms and conditions as to the justice seem reasonable, and any such terms and conditions shall be set forth in the warrant.\n> \n> > (3)  A warrant under this section, subject to any terms and conditions thereby imposed, authorizes and empowers the owner, if accompanied by an inspector of stock or police officer, to enter on the land and search for the animals and to remove therefrom all animals belonging to him which may be found thereon, and for that purpose to employ such assistants, horses, and dogs as may be reasonably necessary.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Saving of other Acts and of common law remedies","content":"### 10 Saving of other Acts and of common law remedies\n\n> > (1)  This Part does not –\n> > \n> > > > (a) affect the provisions of any other enactment in relation to animals straying or grazing; or\n> > > \n> > > > (b) affect or take away the right of any person to bring an action for trespass or any other action or any remedy available to any person at common law –\n> > \n> > except as provided in [sections 5](#GS5@EN) and [6](#GS6@EN) and in this section.\n> \n> > (2)  *\\[Section 10 Subsection (2) omitted by No. 30 of 1995, s. 3 and Sched. 1 \\]*.  .  .  .  .  .  .  .  \n> \n> > (3)  An action in the nature of an action of replevin may not be brought to recover from a poundkeeper possession of an animal detained in his pound.","sortOrder":12},{"sectionNumber":"Part III","sectionType":"part","heading":null,"content":"# Part III\n\n*\\[Part III  Repealed by No. 112 of 1987, s. 89 \\]*","sortOrder":13},{"sectionNumber":"11.","sectionType":"section","heading":null,"content":"### 11.","sortOrder":14},{"sectionNumber":"12.","sectionType":"section","heading":null,"content":"### 12.","sortOrder":15},{"sectionNumber":"13.","sectionType":"section","heading":null,"content":"### 13.","sortOrder":16},{"sectionNumber":"14.","sectionType":"section","heading":null,"content":"### 14.","sortOrder":17},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.","sortOrder":18},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.","sortOrder":19},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.","sortOrder":20},{"sectionNumber":"Part IV","sectionType":"part","heading":"Animals Straying on to a Highway","content":"# Part IV Animals Straying on to a Highway\n\n*\\[Part IV Inserted by No. 15 of 1985, s. 5 \\]*","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Interpretation: Part IV","content":"### 18 Interpretation: Part IV\n\n> *\\[Section 18 Inserted by No. 15 of 1985, s. 5 \\]*In this Part, ***damage*** includes the death of, or injury to, a person.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Liability for negligence for animals straying on to a highway","content":"### 19 Liability for negligence for animals straying on to a highway\n\n> *\\[Section 19 Inserted by No. 15 of 1985, s. 5 \\]*\n> \n> > (1)  So much of the common law relating to liability for negligence as excludes or restricts the duty which a person may owe to others to take reasonable care to see that damage is not caused by an animal straying on to a highway is hereby abolished.\n> \n> > (2)  The common law as amended by [subsection (1)](#GS19@Gs1@EN) applies in respect of damage caused on or after the commencement of the *Law of Animals Amendment Act 1985* by an animal straying on to a highway.","sortOrder":23}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1962 Act appears to have been focused primarily on distress damage feasant (seizing trespassing animals) and related common law remedies. However, Part IV was inserted in 1985 to abolish the common law rule that livestock owners were not liable for negligence when their animals strayed onto highways. This significantly expanded the scope from a purely procedural mechanism for handling trespassing animals to include road safety and negligence liability. Additionally, Part III was repealed in 1987, suggesting the Act has been substantially pruned and modified from its original form."},"complexity_factors":["Mixture of old common law terminology ('distress damage feasant', 'replevin') with modern statutory language","Multiple cross-references to other Acts (Local Government Act 1993, Animal Welfare Act 1993, Magistrates Court Act 1992)","Conditional logic with nested subsections (e.g., Section 5(1) has 4 paragraphs, with paragraph (a) containing 2 sub-paragraphs)","Distance calculations specified (8km threshold for pound delivery, shortest route practicable)","Time limits specified (24 hours for notification, 7 days for court proceedings)","Repealed Part III leaving gaps in numbering (sections 11-17)","Amendment history visible in text showing evolution over time (1985, 1995, 2014 amendments)","Specific procedural requirements (written statements to poundkeepers, warrants from justices)"],"plain_english_summary":"**What this law does:**\n\nThis Act sets out the rules for what happens when animals wander onto land where they don't belong (trespassing animals) and when animals stray onto public roads.\n\n**Key things it covers:**\n\n*   **Distress Damage Feasant (Parts II):** This is an old legal term for the right to seize (distrain) an animal that's damaging your property and hold it until the owner pays for the damage. The Act limits this right and sets strict rules:\n    *   Landowners can detain trespassing animals on their own property or take them to a municipal pound.\n    *   They must notify police and the animal's owner (or the pound) quickly.\n    *   They must follow animal welfare laws while holding the animal.\n    *   They can charge the owner for keeping the animal, notifying them, and for the damage caused.\n    *   If an animal is sick or injured, a justice of the peace can authorize it to be destroyed humanely.\n    *   Owners can get their animals back by paying the fees, or can challenge the fees or the legality of the impounding in court.\n    *   It's an offence to illegally impound an animal or to \"rescue\" one that's been lawfully seized.\n\n*   **Searching for lost stock (Section 9):** If you believe your animals are on someone else's land and they won't let you search (or you can't contact them), you can apply to a justice of the peace for a warrant to enter and search the property.\n\n*   **Animals on highways (Part IV):** Before 1985, the law often protected farmers from being sued if their livestock wandered onto roads and caused accidents. This Act abolished that protection. Now, owners can be sued for negligence if their animals stray onto a highway and cause injury, death, or damage.\n\n**Who it affects:**\n\n*   Farmers and landowners (both those with wandering animals and those whose land is trespassed upon)\n*   Local councils (who run pounds)\n*   Animal owners generally\n*   Drivers and road users (who can now sue for negligence if hit by stray livestock)\n\n**Why it matters:**\n\nThis Act balances the rights of landowners to protect their property from wandering animals with protections for animal owners to recover their property fairly. It also modernised the law by removing old common law immunities that protected livestock owners from responsibility when their animals caused accidents on roads."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication of significant scope change from the original 1962 intent. The Act appears to remain focused on civil liability and responsibilities relating to animals. However, without access to the full text and amendment history, a definitive assessment of scope drift cannot be made."},"complexity_factors":["Legislation dates from 1962, meaning it uses older drafting conventions that can be harder to interpret","Involves a mix of common law (judge-made law) and statute (written law), requiring understanding of both","Concepts like 'scienter' (prior knowledge of an animal's dangerous tendency) and 'distraint' (holding stray animals) are archaic legal concepts not in everyday use","Has been amended over decades, meaning the current version may differ significantly from the original intent","Only metadata was available for analysis — full complexity cannot be assessed without the operative provisions"],"plain_english_summary":"The Law of Animals Act 1962 (Tasmania) sets out modernised legal rules about liability and responsibilities for animals, replacing old common‑law uncertainty. It governs who is responsible when animals injure people or damage property, how straying livestock are dealt with, and rights to detain animals until compensation is paid. It primarily affects pet owners (notably dog owners), farmers and livestock owners, injured members of the public, and neighbouring landholders."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been expanded by amendments: Part IV (ss 18–19) was added to abolish a common‑law exclusion and permit negligence claims for animals straying onto highways; s 7A (inserted 2014) creates an offence for unlawful impounding or rescue; Part III was repealed. These changes move the law beyond purely private property remedies toward public‑safety liability and express criminalisation of certain impounding conduct, and the Act now operates in close interaction with the Local Government Act and Animal Welfare Act."},"complexity_factors":["Cross‑references to other Acts increase compliance and interpretation load (Local Government Act 1993 for pound fees and procedures; Animal Welfare Act 1993 for welfare duties) (see ss 5(c), 5(b)).","Multiple time limits and notice requirements: 24‑hour rule for immediate dealing and deemed non‑compliance if police/pound not notified within 24 hours; 7‑day limit to bring proceedings after payment under protest (ss 5(2), 5(5), 8(1)).","Distance rule for choice of pound introduces a geographic test measured by shortest practicable route and ignores sub‑kilometre differences (s 4; s 6(1)).","Detailed procedural recordkeeping and statements to poundkeeper — name, description, brands, place found, claimed charges — create evidentiary steps for distraining owners (s 6(2)).","Dispute mechanism channels contested fees or legality into the Magistrates Court (Civil Division) with statutory powers to assess fees, order repayments and limited compensation; court jurisdiction is preserved even if amount exceeds usual limits (s 8(1)–(4)).","Criminal and fine provisions for non‑compliance and wrongful conduct: fines up to 5 penalty units for refusing to surrender an animal (s 7(4)) and up to 3 penalty units for unlawful impounding or rescue (s 7A).","Judicial discretion to authorise destruction of sick or injured animals and to direct disposition of carcass and proceeds — requires warrant and inquiry by a justice (s 5(3)).","Search powers for owners require a justice's warrant and usually accompaniment by an inspector of stock or police officer, with possible conditions — balancing private retrieval against property rights (s 9(1)–(3)).","Savings and limits: preserves other statutory and common‑law remedies except where expressly displaced (notably replevin), so overlap with other causes of action must be navigated (s 10).","Substantive change to tort law for highway incidents: abolition of the common‑law exclusion that limited negligence duties where animals stray onto a highway expands potential liability exposure (ss 18–19)."],"plain_english_summary":"This Act sets out how landowners may seize, detain and impound animals found trespassing, the notification, record and welfare steps required when they do so, and how owners may recover possession or contest charges. It provides police, poundkeepers, justices and magistrates roles in impounding, disposal and dispute resolution, and it removes a common‑law limitation so negligence claims can be brought where animals stray onto a highway. The rules affect animal owners (who may pay fees or face liability), distraining landowners, and regulatory officers."}},"importantCases":[],"_links":{"self":"/api/acts/law-of-animals-act-1962","history":"/api/acts/law-of-animals-act-1962/history","analysis":"/api/acts/law-of-animals-act-1962/analysis","conflicts":"/api/acts/law-of-animals-act-1962/conflicts","importantCases":"/api/acts/law-of-animals-act-1962/important-cases","documents":"/api/acts/law-of-animals-act-1962/documents"}}