Part 5ADestruction, seizure and detention etc of dogs and cats

Part 5A—Destruction, seizure and detention etc of dogs and cats Division 1—Destruction, seizure and detention etc of dogs 59D—Power to destroy dogs (1) A person may lawfully destroy or injure a dog in the following circumstances: (a) if that action is reasonable and necessary for the protection of life or property; (b) if the person is the owner or occupier of land, or a person acting under the authority of the owner or occupier of land, and the dog, unaccompanied by a person, is found in an enclosed paddock or other enclosed place in which an animal that is being farmed is confined; (c) if the person is a warden under the National Parks and Wildlife Act 1972 and— (i) the dog is attacking or harassing a protected animal within the meaning of that Act on a reserve within the meaning of that Act; and (ii) there is no other way of protecting the protected animal. See also section 62. (2) Without limiting subsection (1), an authorised person may lawfully destroy or injure a dog in any of the circumstances specified in that subsection. (3) Nothing in this section limits the operation of section 34B of the Animal Welfare Act 1985. 60—Power to seize and detain dogs (1) An authorised person may seize and detain a dog in any of the following circumstances: (a) if the dog is wandering at large; (b) if the authorised person reasonably believes it necessary to seize the dog in order to prevent or stop the dog attacking, harassing or chasing a person or an animal or bird owned by or in the charge of a person (whether or not actual injury has been or may be caused); (c) if the authorised person reasonably believes that the dog is unduly dangerous; (d) if the dog is the subject of an order under Part 5 Division 3 and the authorised person reasonably suspects that the person who owns or is responsible for the control of the dog has contravened the order; (e) if the person who owns or is responsible for the control of the dog is subject to a Prohibition Order under Part 5 Division 3A; (f) if the authorised person reasonably believes it necessary to detain the dog in order to ensure that an order under this Act for the destruction or disposal of the dog is carried out; (g) if requested to do so by a member of an emergency service; (i) in any other circumstances prescribed by the regulations. (2) If an authorised person reasonably believes that it is dangerous or impracticable to seize a dog because of its savagery or other sufficient cause, the dog may be injured or destroyed. (3) If a dog is injured or destroyed under subsection (2), the authorised person must take reasonable steps to inform a person who owns or is responsible for the control of the dog. (4) An inspector under the Animal Welfare Act 1985 may exercise the powers of an authorised person under this Division in relation to a dog found wandering at large while the inspector is acting in the ordinary course of his or her duties under that Act. 61—Procedure following seizure of dog (1) If a dog is seized under this Division, it must either— (a) be returned to a person who owns or is responsible for the control of the dog; or (b) be detained in a facility approved by the Board for the purpose of detaining dogs. (2) If a dog is detained, the person causing it to be detained must— (a) either— (i) cause a notice to be displayed at the office of the council for the area in which the dog was seized (or if the dog was seized outside municipal and district council areas, at the police station nearest to where the dog was seized) containing— (A) a general description of the dog; and (B) the day and time it was seized; and (C) contact details of a person or body to whom further enquiries can be made; or (ii) cause such a notice to be published on the official website of the council for the area in which the dog was seized (or if the dog was seized outside municipal and district council areas, on the official website of SA Police). (b) if a person who owns or is responsible for the control of the dog is known to the person or is readily ascertainable—cause notice of the detention to be given, as soon as practicable, to the owner or other person in the manner and form required by the Board. (3) A notice under subsection (2)(a) must remain displayed for at least 72 hours. (4) If a dog is seized in order to prevent or stop it attacking, harassing or chasing a person or an animal or bird or because it is unduly dangerous— (a) the council must, as soon as practicable, proceed to consider making an order in relation to the dog or applying to the Magistrates Court for an order in relation to the dog; and (b) if notice of an intention to make an order in relation to the dog has not been given, or an application to the Magistrates Court has not been made, within 7 days after the dog was seized, the dog must be returned to a person entitled to its return. (5) If a Control (Dangerous Dog) Order is made or in force in respect of a dog detained under this section, the person responsible for the dog while so detained may— (a) in the case of a dog that is required to be, but is not, microchipped—cause the dog to be microchipped; (b) in the case of a dog that is not desexed—cause the dog to be desexed. (6) The cost of taking action under subsection (5) may be recovered from the person who owns or is responsible for the control of the dog as a debt due to the council incurring the cost. (7) Nothing in this section prevents a person from taking a seized or detained dog that is sick, injured or distressed to a veterinarian for assessment and treatment. 62—Destruction or disposal of seized dog (a) a dog detained under this Division is not claimed by a person entitled to the return of the dog within 72 hours from when notice of its detention was last given under this Division; or (b) a person in whose name a dog detained under this Division is registered declines to take possession of the dog; or (c) money due in relation to a dog detained under this Division is not paid within 7 days after a request for payment, the person responsible for the dog while detained under this Division may cause the dog to be destroyed or otherwise disposed of. (2) If a dog is disposed of under subsection (1) by sale, the proceeds of the sale are the property of the operator of the facility at which the dog had been detained. (3) Despite any other provision of this Act, the operator of a facility at which a dog is detained under this Division may cause the dog to be destroyed— (a) if satisfied on reasonable grounds— (i) that the dog is suffering from injury, disease or sickness to the extent that it is impracticable to maintain the dog; or (ii) that the dog is suffering from a serious contagious or infectious disease or sickness; and (b) — (i) the destruction is authorised in writing by a veterinarian or stock inspector; or (ii) that neither a veterinarian nor a stock inspector is reasonably available and that urgent action is required in the circumstances. Division 2—Destruction and seizure etc of cats 63—Power to destroy cats (1) A person may lawfully destroy or injure a cat in the following circumstances: (a) if the person is performing functions under the National Parks and Wildlife Act 1972 or the Wilderness Protection Act 1992 and the cat is in a reserve or sanctuary (within the meaning of the National Parks and Wildlife Act 1972) or a wilderness protection area or zone (within the meaning of the Wilderness Protection Act 1992); (b) if the person is performing functions under the Crown Land Management Act 2009 and the cat is found in an area in respect of which the person is authorised to exercise powers under that Act; (c) if the person is performing functions under the Landscape South Australia Act 2019 and the cat is found while the person is performing those functions; (d) if the person is the owner or occupier of a designated area, or a person authorised for the purpose by the owner or occupier of a designated area and the cat is found in the designated area; (e) if the cat is found in a place that is more than the prescribed distance from any genuine place of residence (not including a place owned or occupied by the person); (f) if— (i) the cat is unidentified; and (ii) the person— (A) is a veterinarian acting in the ordinary course of their profession; or (B) is acting for or on behalf of 1 of the following bodies or persons in respect of a cat that has been delivered to a facility operated by the person or body: • the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; • the Animal Welfare League of South Australia, Incorporated; • a body or person specified by the regulations; (g) any other circumstances prescribed by the regulations. (2) Without limiting subsection (1), an authorised person may lawfully destroy or injure a cat in the circumstances prescribed by the regulations. (3) Nothing in this section limits the operation of section 65 of the Animal Welfare Act 2025. (4) The Governor may, by proclamation made on the recommendation of the Board, declare land to be a designated area for the purposes of this section. (5) A proclamation under this section may be varied or revoked by further proclamation made on the recommendation of the Board. (6) In this section— prescribed distance, from a place of residence, means— (a) if the regulations prescribe a distance for the purposes of this paragraph—that distance; or (b) if the regulations do not prescribe a distance for the purposes of this paragraph—1 kilometre. 64—Power to seize and detain cats (1) A person may seize and detain a cat in any of the following circumstances: (a) the circumstances set out in section 63(1); (b) any other circumstances set out in the regulations. (2) A person may seize and detain an unidentified cat for the purpose of delivering it within 12 hours to— (a) a veterinarian; or (b) a facility for the care of cats operated by— (i) the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; or (ii) the Animal Welfare League of South Australia, Incorporated; or (iii) a body or person specified by the regulations; or (c) a facility nominated by a council and approved by the Board at which cats may be detained, however nothing in this subsection authorises the person to destroy the cat. 64A—Destruction or disposal of seized cat (1) If a cat is seized and detained under this Division, the person responsible for the cat while so detained (other than a person referred to in section 64(2)) may cause the cat to be destroyed or otherwise disposed of. (2) If a cat is disposed of under subsection (1) by sale, the proceeds of the sale are the property of the operator of the facility at which the cat had been detained. Division 3—Miscellaneous 64B—Certain bodies may microchip and desex detained dogs and cats (1) Despite any other provision of this Act, or any other Act or law, an animal welfare organisation or council that is detaining a dog or cat seized under this or any other Act may, in accordance with any guidelines determined by the Board for the purposes of this section, do 1 or more of the following: (a) microchip the dog or cat; (b) desex the dog or cat; (c) cause the dog or cat to be microchipped or desexed or both. (2) An animal welfare organisation or council (as the case requires) may recover the cost of taking action under this section as a debt from a person who owns or is responsible for the control of the dog or cat. 64C—Limits on entitlement to return of dog or cat A person is not entitled to the return of a dog or cat seized under this Part unless the person— (a) provides satisfactory evidence that he or she owns or is responsible for the control of the dog or cat, or is authorised to receive the dog or cat by a person who owns or is responsible for the control of the dog or cat; and (b) pays— (i) the charges that are payable under the regulations in relation to the seizure and detention of the dog or cat; and (ii) any other outstanding charges or fees payable under this Act in relation to the dog or cat; and (c) in the case of a dog or cat that is required to be registered under this Act but is not so registered—registers the dog or cat if required to do so by the person responsible for the dog or cat while detained. 64D—Notification to owner of dog or cat destroyed etc under Part (1) A person who destroys, injures, seizes or detains a dog or an identified cat under this Part must, as soon as practicable— (a) take reasonable steps to inform the owner of the dog or cat of the action taken; and (b) notify— (i) if the action is taken in an area that is not within a council area—a police officer; and (ii) if the action is taken within a council area—the council of that area. (2) Subsection (1)(b) does not apply in the following circumstances: (a) if the person destroying, injuring, seizing or detaining a dog or cat is a prescribed person; (b) any other circumstances prescribed by the regulations. (3) In this section— prescribed person means— (a) an authorised person; or (b) a person performing functions under the National Parks and Wildlife Act 1972, the Wilderness Protection Act 1992, the Crown Land Management Act 2009 or the Landscape South Australia Act 2019; or (e) an inspector under the Animal Welfare Act 1985; or (f) a veterinarian; or (g) a person acting for or on behalf of 1 of the following bodies or persons in respect of a dog or cat that has been delivered to a facility operated by the person or body: (i) the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; (ii) the Animal Welfare League of South Australia, Incorporated; (iii) a body or person specified by the regulations; or (h) any other person prescribed by the regulations. 64E—Recovery of costs The operator of a facility at which a dog or cat has been detained under this Part may recover the charges that are payable under the regulations in relation to the seizure, detention or destruction of the dog or cat from a person who owns or is responsible for the control of the dog or cat as a debt in a court of competent jurisdiction whether or not the dog or cat has been returned to the person. 64F—Ownership of certain dogs and cats to vest in operator of facility If a dog or cat is destroyed or otherwise disposed of under this Part then, for the purposes of the laws of this State— (a) ownership of the dog or cat will be taken to have vested in the operator of the facility at which the dog or cat had been detained immediately before the dog or cat was destroyed or otherwise disposed of; and (b) no compensation will be payable to a previous owner of the dog or cat in respect of its destruction or disposal, (however, nothing in this section limits the operator of the facility from recovering charges or costs of taking action under this Act in accordance with section 64E or any other provision of this Act). Ownership of an animal does not vest in the operator of the facility or any other person merely because a period of time has elapsed after which the animal may be disposed of.