sec.189Recovery of seizure, compliance or destruction costs

sec.189 Recovery of seizure, compliance or destruction costs

This section applies if the State or a prescribed entity has incurred a cost for an inspector employed or engaged by it to do 1 or more of the following acts in relation to an animal— if the animal has, under chapter 6 , part 2 , been seized— taking possession of, or moving, the animal; or the costs of mustering, unloading or yarding cattle taking action to restrict access to the animal; or providing it with accommodation, food, rest, water or other living conditions; or arranging for it to receive veterinary or other treatment; if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with; if the animal has been destroyed under section 162 —destroying it. The State or entity may recover the cost from the animal’s owner or former owner if the incurring of the cost was necessary and reasonable— in the interests of the animal’s welfare or to destroy it; or if the animal has been destroyed under section 162 —for the destruction. However, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was kept under section 152 (2) (e) , it may be recovered only if the animal’s retention was reasonably required as evidence. s 189 amd 2020 No. 3 s 12 (sec.189-ssec.1) This section applies if the State or a prescribed entity has incurred a cost for an inspector employed or engaged by it to do 1 or more of the following acts in relation to an animal— if the animal has, under chapter 6 , part 2 , been seized— taking possession of, or moving, the animal; or the costs of mustering, unloading or yarding cattle taking action to restrict access to the animal; or providing it with accommodation, food, rest, water or other living conditions; or arranging for it to receive veterinary or other treatment; if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with; if the animal has been destroyed under section 162 —destroying it. (sec.189-ssec.2) The State or entity may recover the cost from the animal’s owner or former owner if the incurring of the cost was necessary and reasonable— in the interests of the animal’s welfare or to destroy it; or if the animal has been destroyed under section 162 —for the destruction. (sec.189-ssec.3) However, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was kept under section 152 (2) (e) , it may be recovered only if the animal’s retention was reasonably required as evidence.

• (a) if the animal has, under chapter 6 , part 2 , been seized— (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle (ii) taking action to restrict access to the animal; or (iii) providing it with accommodation, food, rest, water or other living conditions; or (iv) arranging for it to receive veterinary or other treatment;