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.
This regulation creates a framework for appointing and using specialist animal valuers to determine the monetary value of animals when that value is relevant to criminal proceedings under the Criminal Code (the Code). It establishes eligibility and suitability criteria for appointment (ss 3-4), an application and vetting process (s 5), the appointment decision process and conditions of appointment (s 6-7), and grounds and procedures for termination or resignation (s 8). It requires the chief executive to select two animal valuers to form a panel on request from a prosecutor when valuation is necessary for proceedings to which Code s 450F applies (ss 9-10). The regulation prescribes the valuers’ functions , attending a place, carrying out a valuation, making a certificate of valuation, giving the certificate to the prosecutor and chief executive when required, and attending or giving evidence in the proceedings if asked (s 11). It imposes duties to disclose conflicts of interest and sets consequences where conflicts are discovered before or after signing the certificate (s 12). It defines the valuation standard , a fair and reasonable estimate of replacement cost of a comparable animal on the day and at or near the place where the animal was primarily kept , and provides methods where the animal is unavailable (s 13). The panel must immediately make a certificate of valuation in an approved form, verified on oath and signed by both valuers, with specified content (s 14). The certificate is admissible as evidence of the panel’s formation and the animal’s value and other prescribed matters (s 15). Parties must give, if possible, 14 days’ notice before challenging a certificate’s stated value, otherwise leave of the court is required (s 16). The court may adjourn to allow a certificate to be tendered (s 17) and may call valuers to give evidence or adjourn hearings to facilitate that (s 18). The regulation creates an offence of knowingly giving false or misleading information to the chief executive in relation to the regulation’s administration (maximum 100 penalty units) (s 19). It sets replacement, immunity, register, fees and allowances, delegation, form-approval and transitional/repeal arrangements, including repeal of the 1999 regulation (ss 20-31). The chief executive pays the valuers’ fees and allowances under the prescribed process (s 23).
Current sections
Direct links to the current provisions in Criminal Code (Animal Valuers) Regulation 2014.
42
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Criminal Code (Animal Valuers) Regulation 2014 .
sec.2
Dictionary
sec.2 Dictionary
The dictionary in schedule 1 defines particular words used in this regulation.
pt.2
Animal valuers
Animal valuers
sec.3
Application for appointment
sec.3 Application for appointment
An eligible person may apply to the chief executive for appointment as an animal valuer.
The application must be made in the approved form.
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.
(sec.3-ssec.1) An eligible person may apply to the chief executive for appointment as an animal valuer.
(sec.3-ssec.2) The application must be made in the approved form.
(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.
(a) is an adult; and
(b) has not been convicted of an indictable offence or an offence involving dishonesty; and
(c) is not a bankrupt.
sec.4
Suitability for appointment as animal valuer
sec.4 Suitability for appointment as animal valuer
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.
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.
(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.
(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.
(a) is qualified for appointment as an animal valuer because the person has the necessary expertise or experience; and
(b) is competent to perform the functions of an animal valuer.
(a) any applications for appointment as an animal valuer previously made by the person that have been refused;
(b) the person’s criminal history;
(c) any other matter the chief executive reasonably considers relevant.
sec.5
Enquiries about application
sec.5 Enquiries about application
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.
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) .
The chief executive may ask the commissioner of the police service for a written report about the applicant’s criminal history.
The commissioner must comply with the request.
However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.
(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.
(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) .
(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.
(sec.5-ssec.4) The commissioner must comply with the request.
(sec.5-ssec.5) However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.
(a) may make enquiries necessary to allow the chief executive to decide the application; and
(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
(c) may require the additional information mentioned in paragraph (b) to be verified by statutory declaration.
sec.6
Deciding applications
sec.6 Deciding applications
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.
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 .
The chief executive must promptly give written notice to the applicant of the decision.
Animal valuers are appointed under the Code , section 450F and not under the Public Sector Act 2022 .
In this section—
eligible person see section 3 (3) .
s 6 amd 2023 SL No. 60 s 17 sch 1
(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.
(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 .
(sec.6-ssec.3) The chief executive must promptly give written notice to the applicant of the decision.
(sec.6-ssec.4) Animal valuers are appointed under the Code , section 450F and not under the Public Sector Act 2022 .
(sec.6-ssec.5) In this section— eligible person see section 3 (3) .
(a) approve the application and appoint the applicant as an animal valuer with or without conditions; or
(b) refuse to approve the application.
sec.7
Appointment conditions
sec.7 Appointment conditions
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.
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.
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.
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.
In this section—
signed notice means a notice signed by the chief executive.
(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.
(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.
(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.
(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.
(sec.7-ssec.5) In this section— signed notice means a notice signed by the chief executive.
(a) the conditions stated in this regulation;
(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.
(a) a change of the valuer’s name or address;
(b) the valuer is convicted of an indictable offence or an offence involving dishonesty;
(c) the valuer becomes a bankrupt.
sec.8
When appointment as animal valuer ends
sec.8 When appointment as animal valuer ends
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.
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) .
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.
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.
(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.
(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) .
(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.
(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.
(a) the person is convicted of an indictable offence or an offence involving dishonesty; or
(b) the person becomes a bankrupt; or
(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 .
(d) the person has not complied with this regulation, or a condition of the person’s appointment as an animal valuer; or
(e) the person resigns by signed notice given to the chief executive.
(a) 14 days after the chief executive receives the notice;
(b) the day for resignation stated in the notice.
pt.3
Valuation of animals for certain Code fines
Valuation of animals for certain Code fines
pt.3-div.1
Formation of panel to value animal
Formation of panel to value animal
sec.9
Prosecutor may ask for panel
sec.9 Prosecutor may ask for panel
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 .
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.
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.
(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 .
(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.
(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.
(a) section 398 , punishment in special cases, item 2;
(b) chapter 44 ;
(c) section 468 .
(a) details of the charge in relation to which the animal is connected;
(b) the name of— (i) the accused person in the proceeding; and (ii) the person claiming to be the owner of the animal;
(i) the accused person in the proceeding; and
(ii) the person claiming to be the owner of the animal;
(c) the date on which the offence, to which the charge relates, is alleged to have happened;
(d) a description of the animal, including any identifying information available for the animal;
(e) the present location of the animal or its remains;
(f) the location at which the valuation is proposed to be conducted;
(g) the prosecutor’s name and contact details;
(h) the scheduled date and place, if known, of the hearing of the charge;
(i) any other information, available to the prosecutor, that may assist a panel in the identification of the animal.
(i) the accused person in the proceeding; and
(ii) the person claiming to be the owner of the animal;
sec.10
Chief executive to form panel etc.
sec.10 Chief executive to form panel etc.
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.
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.
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.
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.
(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.
(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.
(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.
(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.
(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
(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
(b) a prosecutor for the proceeding of the name and contact details of each animal valuer forming the panel.
(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
sec.11
Functions of animal valuers forming panel
sec.11 Functions of animal valuers forming panel
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.
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 .
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.
(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.
(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 .
(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.
(a) attend a place required by the chief executive at a reasonable time required by the chief executive;
(b) carry out a valuation of the animal;
(c) make a certificate of valuation for the animal;
(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.
(i) the certificate of valuation to a prosecutor for the proceeding; and
(ii) a copy of the certificate to the chief executive.
(i) the certificate of valuation to a prosecutor for the proceeding; and
(ii) a copy of the certificate to the chief executive.
(a) attend the proceeding; or
(b) appear as a witness for the prosecution in the proceeding.
(a) does not apply if there are special or unusual circumstances preventing the valuer from carrying out the functions mentioned in that subsection; and
(b) does not prevent the subpoena of an animal valuer.
sec.12
Disclosure of conflicts of interest
sec.12 Disclosure of conflicts of interest
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 ).
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.
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.
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.
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.
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.
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.
(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 ).
(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.
(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.
(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.
(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.
(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.
(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.
(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;
(b) otherwise—a prosecutor for the proceeding.
(a) replace the valuer on the panel; and
(b) tell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer.
(a) the court hearing the proceeding; and
(b) the accused person in the proceeding or a lawyer acting for the accused person.
(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
(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.
(a) the replacement of the animal valuer on the panel; and
(b) a new certificate of valuation to be tendered in the proceeding.
pt.3-div.2
Deciding animal’s value
Deciding animal’s value
sec.13
Deciding animal’s value
sec.13 Deciding animal’s value
The value of an animal for an offence provision is the animal’s value as decided under this division.
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.
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.
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 .
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.
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.
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.
(sec.13-ssec.1) The value of an animal for an offence provision is the animal’s value as decided under this division.
(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.
(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.
(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 .
(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.
(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.
(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.
(a) on the day of the offence; and
(b) at or near the place where, on the day of the offence, the animal was primarily kept by the owner.
(a) hides, skins, ears or another part of the animal;
(b) an adequate prescribed record of the animal under the Code , section 450D ;
(c) books, electronic records or other records about the animal;
(d) information about comparable prices for comparable animals.
sec.14
Certificate of valuation
sec.14 Certificate of valuation
Immediately after deciding the value of the animal, the panel must make a certificate (a certificate of valuation ) for the animal.
The certificate must be in the approved form.
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.
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.
The approved form may include provision for the panel to state or attach other information relevant to the valuation.
In this section—
appropriate method see section 13 (2) .
(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.
(sec.14-ssec.2) The certificate must be in the approved form.
(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.
(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.
(sec.14-ssec.5) The approved form may include provision for the panel to state or attach other information relevant to the valuation.
(sec.14-ssec.6) In this section— appropriate method see section 13 (2) .
(a) the name of each animal valuer forming the panel; and
(b) a description of the animal; and
(c) or attach, any identifying information for the animal used by the panel; and
(d) details of the appropriate method used by each animal valuer forming the panel; and
(e) the value of the animal, as at a date stated in the certificate, decided by the panel; and
(f) the value of the animal, as at the stated date, decided by each animal valuer forming the panel.
(a) be signed by both animal valuers forming the panel; and
(b) include a statement by each person signing the certificate that the person’s appointment as an animal valuer has not ended; and
(c) be verified on oath; and
(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.
pt.4
Evidentiary provisions
Evidentiary provisions
sec.15
Certificate of valuation—evidentiary effect
sec.15 Certificate of valuation—evidentiary effect
In a proceeding, a certificate of valuation for an animal purporting to be signed by 2 animal valuers forming a panel is evidence—
of the panel’s formation for deciding the value of the animal; and
of the value of the animal as at the day stated in the certificate; and
that the value of the animal has been decided under a regulation made under the Code , section 450F ; and
of any other matter for which the approved form for a certificate of valuation, or the certificate of valuation, must or may make provision.
(a) of the panel’s formation for deciding the value of the animal; and
(b) of the value of the animal as at the day stated in the certificate; and
(c) that the value of the animal has been decided under a regulation made under the Code , section 450F ; and
(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.
sec.16
Notice of intention to challenge value in certificate of valuation
sec.16 Notice of intention to challenge value in certificate of valuation
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.
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.
(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.
(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.
(a) the value may be challenged only with the leave of the court; and
(b) the court may allow the value to be challenged on terms the court considers appropriate.
sec.17
Court may grant adjournment to obtain certificate
sec.17 Court may grant adjournment to obtain certificate
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.
The court may grant an adjournment, on terms it considers appropriate, to allow the certificate to be tendered in the proceeding.
(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.
(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.
(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
(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.
sec.18
Court may order animal valuer to be called as witness
sec.18 Court may order animal valuer to be called as witness
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.
The court may—
order that either or both of the valuers be called as a witness; and
adjourn the proceeding for that purpose.
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.
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.
(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.
(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.
(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.
(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.
(a) order that either or both of the valuers be called as a witness; and
(b) adjourn the proceeding for that purpose.
(a) on the application of a party to the proceeding or on the court’s own initiative; and
(b) in addition to, or instead of, the certificate of valuation being tendered in evidence.
pt.5
Offences
Offences
sec.19
False or misleading information
sec.19 False or misleading information
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.
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.
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.
(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.
(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.
(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.
(a) tells the chief executive, to the best of the person’s ability, how the information or document is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct information or document—gives the chief executive the correct information or document.
pt.6
Miscellaneous
Miscellaneous
sec.20
Replacement of animal valuer
sec.20 Replacement of animal valuer
The chief executive may replace an animal valuer forming a panel if—
a position on the panel becomes vacant; or
the valuer is unwilling to perform the valuer’s functions; or
the chief executive considers the valuer is unavailable, because of illness or for another reason, to perform the valuer’s functions.
An animal valuer may also be replaced under section 12 .
(a) a position on the panel becomes vacant; or
(b) the valuer is unwilling to perform the valuer’s functions; or
(c) the chief executive considers the valuer is unavailable, because of illness or for another reason, to perform the valuer’s functions.
sec.21
Immunity of animal valuer
sec.21 Immunity of animal valuer
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.
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) .
(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.
(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) .
(a) means the functions of the valuer mentioned in section 11 (1) (b) to (d) ; and
(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) .
sec.22
Register of animal valuers
sec.22 Register of animal valuers
The chief executive must keep a register of animal valuers in a form the chief executive considers appropriate.
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.
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.
(sec.22-ssec.1) The chief executive must keep a register of animal valuers in a form the chief executive considers appropriate.
(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.
(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.
(a) the valuer’s name and contact details;
(b) the date of the valuer’s appointment as an animal valuer.
sec.23
Fees and allowances
sec.23 Fees and allowances
This section states the fees and allowances payable to an animal valuer forming a panel for performing the functions of an animal valuer.
The fee payable to the valuer for each day or part of a day on which a valuation is carried out is $251.10.
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 .
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.
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.
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.
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.
s 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
(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.
(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.
(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 .
(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.
(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.
(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.
(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.
(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
(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
(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
(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 .
(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
(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
(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
(b) for attending at court—after receiving— (i) a claim for payment; and (ii) proof of the claim, if any.
(i) a claim for payment; and
(ii) proof of the claim, if any.
(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
(i) a claim for payment; and
(ii) proof of the claim, if any.
sec.24
Delegation
sec.24 Delegation
The chief executive may delegate the chief executive’s powers under this regulation to an appropriately qualified officer of the department.
sec.25
Approval of forms
sec.25 Approval of forms
The chief executive may approve forms for use under this regulation.
pt.7
Repeal and transitional provisions
Repeal and transitional provisions
pt.7-div.1
Repeal
Repeal
sec.26
Repeal of Criminal Code (Animal Valuers) Regulation 1999
sec.26 Repeal of Criminal Code (Animal Valuers) Regulation 1999
The Criminal Code (Animal Valuers) Regulation 1999, SL No. 136 is repealed.
pt.7-div.2
Transitional provisions
Transitional provisions
sec.27
Definitions for div 2
sec.27 Definitions for div 2
In this division—
repealed regulation means the repealed Criminal Code (Animal Valuers) Regulation 1999 .
sec.28
Applications for appointment as animal valuer
sec.28 Applications for appointment as animal valuer
This section applies to an application for appointment as an animal valuer—
made under the repealed regulation; and
not decided immediately before the commencement.
The application is taken to be an application for appointment as an animal valuer under section 3.
(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.
(sec.28-ssec.2) The application is taken to be an application for appointment as an animal valuer under section 3.
(a) made under the repealed regulation; and
(b) not decided immediately before the commencement.
sec.29
Continuation of appointment as animal valuer
sec.29 Continuation of appointment as animal valuer
The repeal of the repealed regulation does not affect the appointment of a person as an animal valuer made before the commencement.
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.
(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.
(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.
sec.30
Tribunal selected under repealed regulation
sec.30 Tribunal selected under repealed regulation
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.
The tribunal is taken to be a panel formed under this regulation to value the animal for the proceeding.
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.
(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.
(sec.30-ssec.2) The tribunal is taken to be a panel formed under this regulation to value the animal for the proceeding.
(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.
(a) before the commencement, a tribunal was selected under the repealed regulation to value an animal for a proceeding; and
(b) immediately before the commencement, the charge involving the animal to which the proceeding relates was not finally dealt with.
sec.31
References to repealed regulation
sec.31 References to repealed regulation
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.
Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H .
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.
(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.
(sec.31-ssec.2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H .
(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.
(a) a reference to the repealed regulation may be taken to be a reference to this regulation; and
(b) a reference to a repealed provision may be taken to be a reference to a corresponding provision.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Criminal Code (Animal Valuers) Regulation 2014 .
sec.2 Dictionary
sec.2 Dictionary
The dictionary in schedule 1 defines particular words used in this regulation.
pt.2 Animal valuers
Animal valuers
sec.3 Application for appointment
sec.3 Application for appointment
An eligible person may apply to the chief executive for appointment as an animal valuer.
The application must be made in the approved form.
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.
(sec.3-ssec.1) An eligible person may apply to the chief executive for appointment as an animal valuer.
(sec.3-ssec.2) The application must be made in the approved form.
(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.
(a) is an adult; and
(b) has not been convicted of an indictable offence or an offence involving dishonesty; and
(c) is not a bankrupt.
sec.4 Suitability for appointment as animal valuer
sec.4 Suitability for appointment as animal valuer
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.
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.
(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.
(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.
The regulation rests on a small number of interlocking concepts: animal valuer appointment and suitability, panel formation, valuation standard and methods, certificate-based evidentiary primacy (subject to challenge), procedural rights to call valuers and adjourn proceedings, conflict disclosure, financial remuneration, and record-keeping.
Appointment and suitability: Persons apply in an approved form and must be adults, not bankrupt, and without convictions for indictable or dishonesty offences (s 3). The chief executive assesses suitability by reference to expertise/experience and competence, while retaining discretion to refuse having regard to prior refusals, criminal history and other relevant matters (s 4). The regulation explicitly distinguishes appointment as an animal valuer from public sector employment, stating appointment occurs under the Code, s 450F and not under the Public Sector Act 2022 (s 6(4)).
Panel formation and triggers: A prosecutor who decides a valuation is necessary under Code s 450F must ask the chief executive to form a panel and provide specified charge details and identifying information (s 9). The chief executive must as soon as practicable select two animal valuers to form the panel (s 10(1)), and must notify the valuers and the prosecutor of contact and case details (s 10(4)).
Valuation standard and alternative methods: The core valuation metric is replacement cost for a comparable animal, on the day of the offence and at or near where the animal was primarily kept (s 13(2)). Where the animal is unavailable, valuers may use parts of the animal, prescribed records under the Code s 450D, books or electronic records, or comparable price information (s 13(6)).
Certificate as evidentiary device: Immediately after deciding value, the panel must make a certificate in an approved form, verified on oath and signed by both valuers, which provides specified particulars including each valuer’s methods and the values (s 14). The certificate, purporting to be signed by two valuers, is evidence of formation of the panel, the value on the stated date, that the valuation was done under the relevant regulation, and any other matters the approved form makes provision for (s 15).
Conflict management: Valuers must notify the chief executive and prosecutor if they become aware of actual or potential conflicts (s 12(2)). If a conflict is disclosed before signing, the chief executive replaces the valuer (s 12(3)). If disclosed after signing, the certificate has no effect unless parties consent after notification or the court permits tendering with one valuer (s 12(5)). The court may adjourn to facilitate replacement and revaluation (s 12(6)).
Procedural interface with courts: The court retains active procedural control. It may grant adjournments to permit certificates to be tendered (s 17), require valuers to be called as witnesses or adjourn for that purpose (s 18), and enforce notice requirements for challenges (s 16).
Payments and administrative obligations: Fees and allowances are prescribed (s 23), the chief executive must keep a register of valuers (s 22), may delegate powers (s 24), and may approve forms (s 25). There is a criminal offence for knowingly supplying false or misleading information in administration of the regulation (s 19).
Each of these concepts links back to the Code (notably s 450F and s 450D) and to other instruments , the Public Sector Act 2022 for allowance rates and the court’s rules for court attendance allowances (s 23). The regulation therefore operates as a specialist evidentiary and administrative adjunct to prosecution of certain animal-related offences.
Who it affects
Primary actors and the concrete effects on them are:
Chief executive (departmental official): The regulation places operational and administrative duties on the chief executive. These include receiving prosecutor requests to form panels (s 9(2)), selecting valuers and notifying parties (s 10), maintaining a register of valuers (s 22), replacing valuers where required (s 20, s 12(3)), approving forms (s 25), delegating powers (s 24), and paying fees/allowances once claims and proof are received (s 23(6)). The chief executive also has discretion in appointment suitability decisions (s 4) and must promptly notify valuers when appointments end under specified grounds (s 8(2)).
Prosecutors and the prosecuting authority: Prosecutors decide whether valuation is necessary under Code s 450F and must request a panel promptly, supplying detailed charge information to the chief executive (s 9). Prosecutors receive the valuation certificate (if required by the chief executive) and are notified of panel composition (s 10(4)). They must be given 14 days’ notice of any intended challenge to a certificate if practicable (s 16). Prosecutors may call valuers as witnesses and should expect the court to enable such examination (s 11(2), s 18).
Animal valuers (appointed persons): Individual valuers are affected across eligibility, duties and liabilities. They must satisfy eligibility requirements at application (s 3), be assessed for suitability (s 4), comply with conditions of appointment including notification obligations for name/addr/conviction/bankruptcy (s 7), perform valuation functions including attendance, valuation and certificate-making (s 11), disclose conflicts (s 12), and are immune to suits in respect of "relevant functions" in the same way as a Supreme Court judge (s 21). They are remunerated at the prescribed daily fee and allowances (s 23). Their appointment can be terminated for conviction, bankruptcy, unsuitability, non-compliance, or resignation (s 8).
Accused persons and persons claiming ownership: The regulation directly affects their procedural position because a panel certificate is admissible evidence of value (s 15), and because a late challenge to the valuation requires court leave (s 16). If a valuer has an undisclosed conflict discovered after certification, the certificate can be set aside unless all parties consent or the court allows it (s 12(5)). The accused or owner may request that valuers be called as witnesses, seek adjournments or challenge valuations in court (s 16-18).
Courts: The regulation defines the certificate’s evidentiary effect (s 15) but preserves judicial control. Courts can refuse to admit late challenges (s 16), grant adjournments to allow tendering of certificates (s 17), call valuers and adjourn for that purpose (s 18), and manage consent/conflict outcomes (s 12(5)-(6)). The court's rules determine allowances for attendance (s 23(4)).
The department’s officers and administrative staff: The chief executive may delegate powers to appropriately qualified officers (s 24), which means departmental staff will administer appointments, manage the register, procure police history reports (s 5(3)-(4)), arrange payments and organise panels.
Parties indirectly affected: Owners of animals, veterinarians, forensic technicians, and record-holders may incur demands to produce records or to facilitate valuation where an animal is not available (s 13(6)). They may interact with valuers to provide books, electronic records or comparable pricing.
Who pays: The regulatory text requires the chief executive to pay fees and allowances to valuers (s 23(6)). Where fees are for supplies on which GST is payable, amounts are increased to account for GST (s 23(7)). The regulation does not specify who bears the cost of court attendance allowances beyond reference to court rules.
Who decides: The chief executive decides appointment and selection for panels (ss 4, 10). Prosecutors decide whether a valuation is necessary and initiate panel formation (s 9). Courts exercise ultimate evidentiary and case management decisions (ss 15-18, 12(5)-(6)).
Key duties and rights
This section sets out the operational duties imposed and the rights the instrument preserves, with direct references.
Duties imposed on applicants and valuers:
Applicants must apply in the approved form and meet eligibility criteria: adult, no conviction of an indictable offence or dishonesy offence, and not bankrupt (s 3). Applications may be subject to withdrawal if required additional information is not provided within a stated reasonable period (s 5(2)).
Valuers must, when selected for a panel, attend at a place and time required by the chief executive, carry out the valuation, make a certificate of valuation, and, if required by the chief executive, immediately give the certificate to the prosecutor and a copy to the chief executive (s 11(1)(a)-(d)).
If a prosecutor requires it, a valuer must attend the proceeding or appear as a witness for the prosecution (s 11(2)). This subsection does not apply if special or unusual circumstances prevent performance but does not prevent subpoena (s 11(3)).
Valuers must disclose actual or potential conflicts immediately; if disclosed before signing the certificate they must notify chief executive and prosecutor; otherwise prosecutors must be notified (s 12(2)). Failure to disclose has consequences for the evidentiary effect of certificates (s 12(5)).
Duties imposed on the chief executive:
Make enquiries necessary to decide applications; require additional info by written notice and verification by statutory declaration if needed (s 5(1)(a)-(c)). The chief executive may request police criminal history and the commissioner must comply to the extent the information is in the commissioner’s possession or accessible (s 5(3)-(4)).
Consider applications and decide to approve (with or without conditions) or refuse, only approving if the applicant is eligible and suitable (s 6(1)-(2)). Must promptly notify applicants of decisions (s 6(3)). Appointments occur under Code s 450F and not the Public Sector Act 2022 (s 6(4)).
Select two animal valuers to form a panel as soon as practicable after receiving a prosecutor request (s 10(1)). Notify valuers and prosecutors of details (s 10(4)). Replace valuers where necessary (s 20, s 12(3)). Maintain a register containing name, contact details and date of appointment (s 22). Pay fees and allowances on receipt of certificate and claim (s 23(6)).
Duties and rights of prosecutors:
Decide whether valuation is necessary under Code s 450F and, if so, request a panel "as soon as practicable", providing comprehensive charge details to the chief executive (s 9(1)-(3)).
Receive notification of panel composition and the valuers’ contact details (s 10(4)(b)).
Be provided the certificate immediately if the chief executive requires (s 11(1)(d)).
Rights and procedural powers of courts:
The certificate is prima facie evidence of value and the panel formation (s 15). However, courts retain power to hear challenges, demand witnesses, grant adjournments, and exercise management discretion (s 16-18).
If a valuer has a conflict discovered post-certification, the court may allow tendering of the certificate despite the conflict if it is satisfied it is appropriate (s 12(5)(b)), and may adjourn to allow replacement and a new certificate (s 12(6)).
Sanctions and protections:
There is a criminal offence carrying a maximum penalty of 100 penalty units for giving to the chief executive information, or a document containing information, that the person knows is false or misleading in a material particular in relation to administration of the regulation (s 19). The prohibition does not apply where the person identifies the falsehood and provides correct information where reasonably obtainable (s 19(3)).
Valuers have immunity "in the performance of the valuer’s relevant functions" equivalent to that of a Supreme Court judge (s 21(1)). Relevant functions are defined and exclude incidental acts or omissions (s 21(2)).
Administrative rights:
Chief executive may delegate powers to appropriately qualified officers (s 24) and approve forms for use under the regulation (s 25).
Operational consequences:
A valuer must notify certain personal events (change of name or address within 28 days; conviction or bankruptcy as soon as possible) as conditions of appointment (s 7(2)-(4)). Failure to comply with regulation conditions or appointment conditions may end a person’s appointment (s 8(1)(d)).
The regulation therefore distributes duties among prosecutorial, administrative and expert actors while preserving judicial control over evidentiary disputes and case progression.
Penalties and enforcement
The regulation contains a limited set of enforcement measures targeted at administrative integrity and appointment compliance.
Criminal sanction:
s 19 creates the principal criminal offence in the regulation: knowingly giving information, or a document containing information, to the chief executive that the person knows is false or misleading in a material particular in relation to the regulation’s administration. The maximum penalty is 100 penalty units. The section explicitly applies whether or not the information was given in response to a specific power under the regulation (s 19(2)). The provision contains a defence-like saving: it does not apply where, when giving the document or information, the person informs the chief executive how it is false or misleading and, if the correct information is or can reasonably be obtained, gives that correct information (s 19(3)).
Administrative termination and conditions:
Appointment termination and administrative penalties are handled by non‑criminal mechanisms. A valuer’s office ends if convicted of an indictable offence or an offence involving dishonesty, becomes bankrupt, is no longer considered suitable by the chief executive, fails to comply with the regulation or a condition of appointment, or resigns by signed notice (s 8(1)). The chief executive must promptly give written notice of termination under several grounds (s 8(2)). Resignations take effect 14 days after receipt or on the day stated in the notice (s 8(3)).
Compliance obligations with possible administrative consequences:
Applicants must comply with enquiries and statutory declaration requirements (s 5). The application is taken to be withdrawn if additional information requested under s 5(1)(b) is not provided within the stated reasonable period (s 5(2)). Failure to notify the chief executive of reportable events under s 7 could lead to termination under s 8(1)(d), and thus loss of appointment.
Evidentiary consequences:
The regulation enforces integrity of valuation certificates through evidentiary consequences rather than direct penalty to valuers for producing a defective certificate. For example, a valuation and certificate are of no effect if one or both valuers were no longer animal valuers during part or all of the relevant period (s 13(5)). If a conflict is discovered after signing and parties do not consent to tendering, the certificate is ineffective unless the court permits (s 12(5)).
Immunity and protection:
Valuers have the same protection and immunity as a Supreme Court judge in performing their relevant functions (s 21(1)). The immunity applies only to specified "relevant functions" and does not include incidental acts or omissions (s 21(2)). That immunity reduces risk of civil liability for proper performance of valuation functions, while leaving criminal and administrative enforcement for false information and appointment compliance.
Payment and administrative enforcement:
The chief executive controls payment of fees and allowances, and requires a certificate and claim and any proof before payment (s 23(6)). This creates an administrative lever to enforce submission of certificates and claims in the prescribed form.
Court procedural enforcement:
Courts control whether late challenges to certificates are permitted (s 16) and may call valuers as witnesses and adjourn proceedings to secure their attendance (s 18). The court’s ability to refuse late challenges or permit tendering despite conflicts is an enforcement of procedural finality and an instrument to manage evidentiary reliability.
Overall, enforcement under the regulation is a mix of criminal exposure for giving false or misleading information to the chief executive, administrative termination for breaches of appointment conditions, evidentiary exclusion where procedural or appointment defects occur, and procedural remedies exercised by courts.
How it interacts with other laws
The regulation is tightly grafted onto the Criminal Code and references other instruments for procedures and rates. Key points of interaction in the text:
Criminal Code (Code) s 450F and s 450D: The regulation is enacted under the Code, and several provisions explicitly reference the Code. The chief executive appoints animal valuers under the Code, s 450F rather than under the Public Sector Act 2022 (s 6(4)). Section 9 applies when a prosecutor decides valuation is necessary under Code s 450F, and s 13(6) expressly permits use of a prescribed record under Code s 450D if the animal is not available. Section 15(1)(c) states the certificate is evidence that the value has been decided under a regulation made under the Code, s 450F. These cross-references mean the regulation operates as an operational implementation of Code procedures for determining value relevant to specified offence provisions (the regulation lists the Code provisions to which s 450F applies in s 9(1)).
Public Sector Act 2022: The regulation explicitly disassociates appointment as an animal valuer from the Public Sector Act 2022 (s 6(4)), but it relies on that Act for rates used in calculating travelling allowances where a private vehicle is used and for accommodation and meal allowance rates (s 23(3)). Thus the regulation uses Public Sector Act pay rates as a benchmark for allowances while maintaining appointment outside the public service framework.
Court rules: The regulation defers to court rules for calculating court attendance allowances to a professional witness of a professional nature, or to expert witness allowance if the court rules do not provide for it (s 23(4)). Procedure for tendering evidence, adjournments, and calling witnesses remains anchored in court practice and the court’s discretion (ss 16-18).
Acts Interpretation Act 1954 s 14H: The transitional section (s 31(2)) notes that its saving does not limit application of Acts Interpretation Act s 14H, which concerns references to repealed instruments; the regulation therefore preserves accepted interpretive devices for dealing with historical references and continuity.
Repealed regulation 1999 and transitional continuity: The regulation repeals the Criminal Code (Animal Valuers) Regulation 1999 (s 26) and provides transitional provisions treating pending applications, existing appointments and selected tribunals under the repealed regulation as if made or formed under this regulation (ss 28-30). References to the repealed regulation in documents may be taken as references to the new regulation if context permits (s 31). This preserves continuity of administrative acts and certificates made under the old instrument.
GST and taxation norms: s 23(7) requires amounts payable under the section to be increased to account for GST where applicable, aligning payments with taxation law practice.
Police commissioner cooperation: s 5(3)-(4) enables the chief executive to ask the commissioner of the police service for a written report about an applicant’s criminal history, and obliges the commissioner to comply to the extent relevant information is in or accessible to the commissioner. This interacts with police records and information-sharing powers and privacy constraints (though the regulation itself limits the request to information the commissioner possesses or has access to).
By design, the regulation delegates valuation mechanics to appointed experts while preserving prosecutorial initiation and court adjudicatory control. It uses external instruments for payment benchmarks and for evidentiary and procedural norms, rather than replicating full procedural rules inside the regulation.
Amendment history
The source text includes internal amendment notations for a number of provisions, which the regulation itself records. The textual annotations show the regulation has been amended multiple times, at least as to the fees and the section 6 notation. Specific in-text amendment markers include:
Section 6 includes an editorial note: "s 6 amd 2023 SL No. 60 s 17 sch 1", indicating an amendment to s 6 in 2023 by subordinate legislation number 60 at section 17 schedule 1.
Section 23 contains a list of subordinate legislation amendments: "s 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". Those annotations record the statutory instrument numbers and provisions that have amended s 23 over time, presumably reflecting adjustments to fees or rates.
The regulation repeals the earlier Criminal Code (Animal Valuers) Regulation 1999 by s 26 and supplies transitional provisions (ss 27-31) to carry over pending applications, appointments and tribunals selected under the repealed regulation into the new framework.
The inserted amendment notations in the text indicate a history of iterative changes, particularly around fees and the appointment provision s 6. The regulation’s fee figure ($251.10 per day) shown in s 23(2) therefore reflects the up-to-date outcome of those amendments as incorporated in the current text. The transitional and repeal provisions (ss 26-31) are part of the modernisation process moving from the 1999 regulation to this instrument.
The regulation itself does not provide explanatory memoranda or second-reading speech text in the material provided; any policy statements, driver documents or Ministerial explanations are not contained in the text. The embedded amendment references are the only explicit internal record of change present in the source material.
Litigation history
The instrument as supplied contains no case law citations, no reported judicial decisions, and no references to litigation outcomes. The regulation does not name any judicial authority or refer to any decided cases. It establishes procedural pathways for courts to receive and test valuation certificates (ss 15-18), and preserves court discretion in admitting certificates and in allowing challenges (ss 12(5), 16-18). However, there are no judgments, appeals, or judicial reviews recorded in the text.
Consequently, from the source alone the following must be stated:
There is no litigation history embedded in this regulation text.
The regulation contemplates procedural use and judicial scrutiny of valuers and certificates, but the manner in which courts have applied provisions such as s 15 (evidentiary effect), s 12 (conflicts of interest), s 16 (notice to challenge) or s 18 (calling valuers) in contested litigation cannot be inferred from the statutory text provided.
Practitioners seeking precedent about evidentiary weight, admissibility disputes, the court’s tolerance for late challenges, application of immunity (s 21), or the operation of the conflict-of-interest provisions should consult reported decisions and local court practice; the regulation itself does not supply those authorities.
In short, the regulation establishes the legal mechanics that courts will apply but the actual shaping of those mechanics by judges is not recorded in the text supplied.
Gotchas
The regulation contains several technical traps and operational pitfalls that practitioners and administrators should note. Each item points to a specific section.
Two-person panel and averaging: Panels are composed of two animal valuers (s 10(1)). If valuers disagree, the regulation prescribes the value as the arithmetic average of the two valuers’ figures (s 13(3)). That averaging mechanism can produce values that do not reflect any single valuer’s independent view, which parties should anticipate when assessing procedural strategy and evidentiary challenges.
Certificate invalid if valuers lose appointment during valuation period: If one or both valuers were no longer animal valuers during part or all of the period from panel formation to making the certificate, both the valuation and the certificate are of no effect (s 13(5)). This creates a temporal vulnerability: any change in appointment status mid-process (resignation, termination, bankruptcy, conviction) can nullify a certificate.
Conflict disclosed after signing: If a valuer becomes aware of a conflict after signing the certificate, the valuation and certificate are of no effect unless all parties are notified and consent to tendering, or the court permits tendering and proceeding with only one valuer (s 12(5)). Parties may, therefore, use post-signing conflict revelations as tactical grounds to exclude the certificate unless they consent or the court intervenes.
Duty to disclose and immediate notification: Valuers must "immediately" notify relevant persons of actual or potential conflicts (s 12(2)). The regulation sets different notification routes depending on whether the conflict arises before or after signing. Practically, valuers must have clear internal processes to record and communicate potential conflicts as they arise to avoid procedural ruin of certificates.
Timing and proof requirements for applicants: The chief executive may require additional information verified by statutory declaration (s 5(1)(c)). If an applicant fails to comply within the stated reasonable period, the application is taken to be withdrawn (s 5(2)). This can result in apparently inadvertent loss of application status where applicants do not meet procedural windows.
Delivery timing of certificate to the chief executive: Certificates must be given to the chief executive within 14 days after completion of valuation unless the chief executive has required immediate giving under s 11(1)(d) (s 14(4)). Failure to meet those delivery windows risks payment delay because the chief executive pays fees only after receipt of the certificate or copy and claim (s 23(6)(a)).
Fee quantum and allowances: The daily fee ($251.10) is modest relative to many expert witness rates (s 23(2)). The valuation workload may demand travel, overnight stays, or time in court; allowances depend on Public Sector Act rates and court rules for attendance, which may not always cover market rates for private expert time (s 23(3)-(4)). This could affect availability of suitably expert valuers in remote jurisdictions.
Prosecutor’s obligation to provide detailed charge information: The prosecutor must include specified identifying and logistical details in the request to form a panel (s 9(3)). Insufficient or delayed information increases the risk the chief executive cannot select valuers promptly, leading to adjournments under judicial control.
Admissibility vs reviewability tension: The certificate is admissible as evidence of formation and value (s 15), but parties retain the right to challenge value subject to 14 days’ notice "if possible" (s 16). If a party fails to give timely notice, leave of the court is required to challenge and the court may impose conditions (s 16(2)). Practitioners should note the interplay of statutory notice rules and the court’s discretion.
Substitution and replacement mechanics: The chief executive may replace valuers on specified grounds (s 20) and must replace a valuer who notifies a conflict before signing (s 12(3)). There is potential for timing friction: replacement requires notification to the prosecutor and the other valuer (s 12(3)), and the court may adjourn to permit fresh valuation (s 12(6)). Parties and courts must manage these practical interruptions.
Register data limitation: The register (s 22) is required to contain only name, contact details and date of appointment. Absence of published qualifications or specialisations can make it difficult for prosecutors to ensure the chosen valuers have particular species or market expertise; the chief executive’s discretion under s 4 to assess necessary expertise and experience is the main safeguard.
Reliance on external records where animal unavailable: Valuers may rely on hides, skins, prescribed records, other records or comparable price information when the animal is unavailable (s 13(6)). The quality and admissibility of those records can vary; absence of standards in the regulation for what constitutes "information about comparable prices" can generate disputes.
Immunity scope and limits: Valuers have judicial-style immunity for relevant functions (s 21). The immunity excludes acts incidental to the function; parties and lawyers should assess whether particular acts fall outside "relevant functions" when contemplating civil actions.
False information offence scope: s 19 targets knowing falsity in information given to the chief executive but provides a mitigation pathway where the person identifies errors and supplies correct information. Prosecutors, applicants and valuers must be careful when providing records to the chief executive to avoid accidental criminal exposure.
These technical points are practical levers lawyers should integrate into case planning, discovery and disclosure practice. The operational mechanics invite attention to timing, documentation, conflict-screening, and the physical logistics of valuation and evidence management.
How to comply
This section is a practical checklist for the chief executive, prosecutors, valuers, applicants and parties to comply with the regulation. Each step maps to specific provisions.
For applicants seeking appointment as an animal valuer:
Confirm eligibility: be an adult, not bankrupt, and have no convictions for indictable offences or offences involving dishonesty (s 3(3)).
Prepare the approved application form and supporting materials demonstrating necessary expertise/experience and competence (s 3(2); s 4(1)(a)-(b)).
Be ready to supply additional information by written notice within a stated reasonable period and to verify it by statutory declaration if requested (s 5(1)(b)-(c)). Missing the deadline means the application is taken to be withdrawn (s 5(2)).
Expect the chief executive to seek a police history report; anticipate providing consent or information to facilitate that (s 5(3)-(4)).
For the chief executive (administration and panel formation):
Maintain processes to receive prosecutor requests and ensure they include the charge details required (s 9(3)). If requests lack required elements, seek clarification promptly to avoid downstream adjournments.
As soon as practicable after request, select two animal valuers to form a panel (s 10(1)). Keep records of selection and communication.
Notify valuers and the prosecutor of the charge details, the other valuer’s name and contact, and any other relevant information (s 10(4)). Ensure notice records are retained.
Keep and update the register of valuers with name, contact details and date of appointment; record notified changes in name or address promptly (s 22).
Have clear protocols for replacement of valuers where positions are vacant, valuers are unwilling or unavailable, or conflicts are disclosed (ss 12(3), 20).
Pay fees and allowances only after receiving the certificate or a copy and a claim and any required proof (s 23(6)). Ensure payment processes account for GST where applicable (s 23(7)).
Delegate powers lawfully to appropriately qualified officers and document delegations (s 24).
For prosecutors:
Decide whether valuation is necessary under Code s 450F before requesting a panel (s 9(1)). If so, make the request promptly to the chief executive and include all charge details identified in s 9(3).
Keep a copy of correspondence requesting the panel and any subsequent notices from the chief executive for trial preparation.
If notified of a valuer’s conflict after panel formation, ensure the prosecutor gives notice of the issue to the court and the accused or their lawyer as required (s 12(4)).
If intending to challenge a certificate’s value, give at least 14 days’ notice to the prosecutor if the challenger is a party; otherwise seek leave of the court (s 16). If a party fails to give timely notice, be prepared to apply for leave and anticipate possible court-imposed terms (s 16(2)).
When the chief executive requires immediate provision of the certificate, receive and manage the certificate and circulate appropriately to the prosecution team (s 11(1)(d)).
For appointed animal valuers:
Maintain current contact details and notify the chief executive of name or address change within 28 days, and of convictions or bankruptcy "as soon as possible" (s 7(2)-(4)).
On selection for a panel, be prepared to attend at the place and time required by the chief executive, carry out the valuation, and make the certificate in the approved form (s 11(1)(a)-(c); s 14(1)-(3)).
Ensure the certificate includes the required particulars: names, animal description, identifying information used, details of methods used, panel value and each valuer’s decided value (s 14(3)). Verify the certificate on oath and sign it (s 14(4)).
Disclose actual or potential conflicts immediately as required (s 12(1)-(2)). If a conflict arises before signing, notify both the chief executive and prosecutor; if after signing, notify the prosecutor (s 12(2)). Understand that post-signing conflicts can void certificates unless consent or court approval is obtained (s 12(5)).
Retain contemporaneous notes and records of the method used and sources relied on, especially where the animal is unavailable and reliance falls on records or comparable price information (s 13(6)). These will be relevant if called to give evidence (s 11(2), s 18).
If required by the prosecutor, be prepared to appear and give evidence in court, and claim court attendance allowances in accordance with court rules (s 11(2); s 23(4)).
For claims, understand the payment mechanics: fee per day or part day (s 23(2)), allowances for travel and accommodation per Public Sector Act rates (s 23(3)), and proportioning where fees/allowances relate to multiple proceedings (s 23(5)). File claims promptly with required proof to facilitate payment (s 23(6)).
For parties (accused and owners):
If intending to challenge the certificate’s value, provide the prosecutor with at least 14 days’ notice if possible (s 16(1)). Late challenges require leave of the court and may be subject to terms (s 16(2)).
If a valuer’s conflict is notified after signing, determine whether to consent to tendering the certificate or to seek exclusion; be ready to ask the court for an adjournment and replacement valuation if desired (s 12(5)-(6)).
If attending court when valuers are called, be prepared to examine valuers on their methods, sources, assumptions and reliance on records (s 18).
Where the animal is not available, assemble available records (prescribed records under Code s 450D, books, electronic records, comparable pricing) that valuers may rely upon (s 13(6)).
Record-keeping and evidence preservation:
All actors should preserve communications, notices, certificates, claims and proof of fees, and procedural steps taken in compliance with statutory timing requirements to avoid procedural or evidentiary challenges (s 5, s 11, s 14, s 23).
Risk mitigation:
For valuers and applicants, conduct criminal history and bankruptcy checks pre-application to ensure eligibility (s 3, s 5).
For chief executive and prosecutors, implement conflict screening and make rapid replacements where necessary to avoid certificate invalidation (s 12(3), s 20).
For courts and parties, document consent to tender certificates where conflicts are later disclosed to avoid exclusion (s 12(5)).
Following these concrete steps will align practice with the regulation’s procedural and evidentiary architecture and reduce the likelihood of certificate exclusion, payment delays or administrative withdrawal of applications.
Section sec.4Suitability for appointment as animal valuer
(a) is qualified for appointment as an animal valuer because the person has the necessary expertise or experience; and
(b) is competent to perform the functions of an animal valuer.
(a) any applications for appointment as an animal valuer previously made by the person that have been refused;
(b) the person’s criminal history;
(c) any other matter the chief executive reasonably considers relevant.
sec.5 Enquiries about application
sec.5 Enquiries about application
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.
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) .
The chief executive may ask the commissioner of the police service for a written report about the applicant’s criminal history.
The commissioner must comply with the request.
However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.
(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.
(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) .
(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.
(sec.5-ssec.4) The commissioner must comply with the request.
(sec.5-ssec.5) However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.
(a) may make enquiries necessary to allow the chief executive to decide the application; and
(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
(c) may require the additional information mentioned in paragraph (b) to be verified by statutory declaration.
sec.6 Deciding applications
sec.6 Deciding applications
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.
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 .
The chief executive must promptly give written notice to the applicant of the decision.
Animal valuers are appointed under the Code , section 450F and not under the Public Sector Act 2022 .
In this section—
eligible person see section 3 (3) .
s 6 amd 2023 SL No. 60 s 17 sch 1
(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.
(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 .
(sec.6-ssec.3) The chief executive must promptly give written notice to the applicant of the decision.
(sec.6-ssec.4) Animal valuers are appointed under the Code , section 450F and not under the Public Sector Act 2022 .
(sec.6-ssec.5) In this section— eligible person see section 3 (3) .
(a) approve the application and appoint the applicant as an animal valuer with or without conditions; or
(b) refuse to approve the application.
sec.7 Appointment conditions
sec.7 Appointment conditions
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.
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.
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.
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.
In this section—
signed notice means a notice signed by the chief executive.
(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.
(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.
(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.
(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.
(sec.7-ssec.5) In this section— signed notice means a notice signed by the chief executive.
(a) the conditions stated in this regulation;
(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.
(a) a change of the valuer’s name or address;
(b) the valuer is convicted of an indictable offence or an offence involving dishonesty;
(c) the valuer becomes a bankrupt.
sec.8 When appointment as animal valuer ends
sec.8 When appointment as animal valuer ends
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.
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) .
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.
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.
(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.
(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) .
(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.
(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.
(a) the person is convicted of an indictable offence or an offence involving dishonesty; or
(b) the person becomes a bankrupt; or
(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 .
(d) the person has not complied with this regulation, or a condition of the person’s appointment as an animal valuer; or
(e) the person resigns by signed notice given to the chief executive.
(a) 14 days after the chief executive receives the notice;
(b) the day for resignation stated in the notice.
pt.3 Valuation of animals for certain Code fines
Valuation of animals for certain Code fines
pt.3-div.1 Formation of panel to value animal
Formation of panel to value animal
sec.9 Prosecutor may ask for panel
sec.9 Prosecutor may ask for panel
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 .
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.
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.
(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 .
(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.
(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;
This is an opening excerpt, not the complete document.