91Power to destroy an animal

91 Power to destroy an animal (1) Subject to subsection (4), an authorised officer may destroy an animal, or cause it to be destroyed, if the officer believes on reasonable grounds that: (a) the animal is so severely injured, or diseased, or in such poor physical condition that it is cruel to keep it alive; and (b) the animal: (i) would not otherwise be destroyed; or (ii) would be destroyed in a way that is likely to cause or contribute to unnecessary suffering. (2) The destruction of the animal must be done in a way that causes the animal to die quickly and without unnecessary suffering. (3) Before acting under subsection (1), the authorised officer may first remove the animal to a place the officer considers appropriate for the purpose. (4) The authorised officer must not act under subsection (1) unless: (a) a person in control of the animal consents; or (b) a person in control of the animal refuses or fails to consent and the officer believes on reasonable grounds that immediate action should be taken under that subsection; or (c) the officer has been unable to identify, or to make contact with, a person in control of the animal after having taken reasonable steps to do so; or (d) the officer is a veterinarian.

Animal Protection Act 2018 56 (5) Before acting under subsection (4)(b) or (c), the authorised officer must first take reasonable steps to contact a veterinarian to obtain: (a) information about the option of a veterinarian attending to destroy the animal within a reasonable period; or (b) advice and guidance on the steps to be taken by the authorised officer to destroy the animal. (6) If an authorised officer acts under this section, the Territory may recover the reasonable costs incurred in so acting from a person in control of the animal as a debt owed to the Territory.