Div 3Special powers relating to animals

Division 3—Special powers relating to animals 44—Powers are additional Powers under this Division are additional to, and do not derogate from, any other powers conferred on an authorised officer, or the Minister, under this Act. For example, an animal may also be seized under section 37(1)(f) as evidence of an offence. 45—Special powers to protect animal welfare (1) An authorised officer may examine an animal and its living conditions and if the authorised officer suspects on reasonable grounds that the animal is experiencing or will imminently experience unnecessary harm, pain or distress— (a) the officer may do 1 or more of the following: (i) provide treatment and care to the animal; (ii) cause the living conditions of the animal to be modified; or (b) if the authorised officer suspects on reasonable grounds that no action can reasonably be taken under paragraph (a) or that any such action will not be effective to alleviate the animal's harm, pain or distress, the officer may seize the animal; or (c) if the authorised officer suspects on reasonable grounds that no action can reasonably be taken under paragraph (a) or (b) or that any such action will not be effective to alleviate the animal's harm, pain or distress, the officer may destroy or arrange for the destruction of the animal (in accordance with any directions of the Minister). (2) An authorised officer who takes action under this section in good faith does not incur any civil or criminal liability for taking that action. 46—Seizure and forfeiture following noncompliance with notice (1) This section applies to an animal if the owner of the animal has refused or failed to comply with a notice under section 40 or 41 and that notice specified that refusal or failure to comply may result in the animal being seized by an authorised officer and forfeited to the Minister in accordance with this section. (2) If an authorised officer reasonably believes that— (a) this section applies to an animal; and (b) it is in the best interests of the animal to take action under this section, the authorised officer may, by written notice to the owner of the animal (the seizure notice), seize the animal. (3) If the owner of an animal seized under subsection (2)— (a) has not, within 30 days after the day the seizure notice is given (the application period), applied under section 55 for a review of the decision to issue the seizure notice; or (b) has, within the application period, applied for a review of the decision and the decision is confirmed, the animal is forfeited to the Minister by the operation of this subsection. (4) For the avoidance of doubt— (a) action may be taken in relation to an animal under this section whether or not the owner of the animal has been charged with, or prosecuted for, or has expiated an alleged offence under this Act in respect of the refusal or failure to comply with a notice; and (b) nothing in this section affects the ability of an authorised officer to exercise powers under section 45 or the Minister's powers under section 48. 47—Seizure and forfeiture following noncompliance with undertaking (1) This section applies to an animal if the owner of the animal has refused or failed to comply with an enforceable undertaking under section 43 and that undertaking specified that refusal or failure to comply may result in the animal being seized by, and forfeited to, the Minister in accordance with this section. (2) If the Minister reasonably believes that— (a) this section applies to an animal; and (b) it is in the best interests of the animal to take action under this section, the Minister may, by written notice to the owner of the animal (the forfeiture notice), seize the animal and declare that the animal is forfeited to the Minister. (3) For the avoidance of doubt— (a) action may be taken in relation to an animal under this section whether or not the owner of the animal has been charged with, or prosecuted for, or has expiated an alleged offence under this Act in respect of the refusal or failure to comply with an undertaking; and (b) nothing in this section affects the ability of an authorised officer to exercise powers under section 45 or the Minister's powers under section 48. 48—Dealing with seized animals (1) This section applies to an animal seized under any provision of this Act. This section applies whether or not the seized animal may be liable to forfeiture. This section ceases to apply to a seized animal if the owner of the animal surrenders the animal to the Minister or the animal is forfeited to the Minister. (2) If an authorised officer seizes an animal under this Act, the authorised officer may keep the animal at the premises at which it was seized or move the seized animal to any other premises. (3) The Minister may— (a) sell or rehome an animal seized under this Act; or (b) give an animal seized under this Act to an animal welfare entity for selling or rehoming; or (c) if satisfied that no action can reasonably be taken under a preceding paragraph or that it is otherwise in the best interests of the seized animal—destroy (or arrange for the destruction of) the animal. (4) Before selling, rehoming or destroying a seized animal, the Minister must— (a) if the identity of the owner of the animal is not known—make reasonable inquiries to identify the owner; or (b) if the identity of the owner of the animal is known—give the person written notice of the Minister's intention to sell, rehome or destroy (or arrange for the destruction of) the animal. (5) The Minister may only sell, rehome or destroy (or arrange for the destruction of) a seized animal if the Minister— (a) is satisfied on reasonable grounds that it is in the best interests of the seized animal; and (b) has complied with subsection (4); and (c) where the identity of the owner of the animal is known, if— (i) the Minister has given notice to the owner under subsection (4)(b); and (ii) the person— (A) has not, within 14 days after the day the notice is given under subsection (4)(b) (the application period), applied to SACAT under section 56 for review of the Minister's decision to sell, rehome or destroy (or arrange for the destruction of) the animal; or (B) has, within the application period, applied to SACAT under section 56 for review of the Minister's decision to sell, rehome or destroy (or arrange for the destruction of) the animal and the Minister's decision has been confirmed. (6) If an animal that has been seized is disposed of by sale under this section— (a) if the animal was seized as evidence of an offence—the proceeds of the sale must be held by the Minister until the conclusion or termination of the proceedings for the offence when they must be disbursed in accordance with a further order of the court; or (b) in any other case—the costs incurred by the Minister in relation to the seizure and sale of the animal must be deducted from the proceeds of sale and the remainder (if any)— (i) if the identity of the owner of the animal is not known—is forfeited to the Minister; or (ii) if the identity of the owner of the animal is known—must be paid to the owner of the animal. (7) For the avoidance of doubt, nothing in this section affects the ability of an authorised officer to exercise powers under section 45. (8) In this section— animal welfare entity means an entity that, in the opinion of the Minister, carries out appropriate functions relating to animal welfare. 49—Costs The costs and expenses reasonably incurred by a person or the Crown in taking action under this Division may be recovered as a debt from the owner of the animal.