sec.138Prescribed circumstances for removing animals

### sec.138 Prescribed circumstances for removing animals The prescribed circumstances for removal of animals are as follows— the person in charge of an animal has been arrested; a police officer reasonably suspects the person who was last in charge of an animal has abandoned it; a police officer— reasonably suspects an animal has been involved in a relevant vehicle incident; and reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident; a police officer reasonably suspects an animal has been left on a road unattended, temporarily or otherwise, and because of the time for which it has been left unattended, the way it has been left unattended, or the place, condition, or circumstances in which it has been left unattended, its presence on the road— may be dangerous to others; or may prevent or hinder the lawful use by others of the road or a part of the road; a police officer reasonably suspects an animal has been left in circumstances that are an offence against any of the following Acts and the person in charge of the animal can not be easily located or fails to comply with a direction of the police officer to move the animal immediately— the Road Use Management Act the Brisbane Forest Park Act 1977 the Recreation Areas Management Act 2006 the Nature Conservation Act 1992 ; a police officer reasonably suspects— a contravention of an Act has happened; and the contravention involves an animal; and it is necessary to take steps to protect the animal. s 138 amd 2005 No. 64 s 3 sch ; 2006 No. 20 s 253 (amd 2007 No. 56 s 46 ) - (a) the person in charge of an animal has been arrested; - (b) a police officer reasonably suspects the person who was last in charge of an animal has abandoned it; - (c) a police officer— (i) reasonably suspects an animal has been involved in a relevant vehicle incident; and (ii) reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident; - (i) reasonably suspects an animal has been involved in a relevant vehicle incident; and - (ii) reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident; - (d) a police officer reasonably suspects an animal has been left on a road unattended, temporarily or otherwise, and because of the time for which it has been left unattended, the way it has been left unattended, or the place, condition, or circumstances in which it has been left unattended, its presence on the road— (i) may be dangerous to others; or (ii) may prevent or hinder the lawful use by others of the road or a part of the road; - (i) may be dangerous to others; or - (ii) may prevent or hinder the lawful use by others of the road or a part of the road; - (e) a police officer reasonably suspects an animal has been left in circumstances that are an offence against any of the following Acts and the person in charge of the animal can not be easily located or fails to comply with a direction of the police officer to move the animal immediately— • the Road Use Management Act • the Brisbane Forest Park Act 1977 • the Recreation Areas Management Act 2006 • the Nature Conservation Act 1992 ; - • the Road Use Management Act - • the Brisbane Forest Park Act 1977 - • the Recreation Areas Management Act 2006 - • the Nature Conservation Act 1992 ; - (f) a police officer reasonably suspects— (i) a contravention of an Act has happened; and (ii) the contravention involves an animal; and (iii) it is necessary to take steps to protect the animal. - (i) a contravention of an Act has happened; and - (ii) the contravention involves an animal; and - (iii) it is necessary to take steps to protect the animal. - (i) reasonably suspects an animal has been involved in a relevant vehicle incident; and - (ii) reasonably believes it is necessary to detain the animal for completing inquiries and investigations into the incident; - (i) may be dangerous to others; or - (ii) may prevent or hinder the lawful use by others of the road or a part of the road; - • the Road Use Management Act - • the Brisbane Forest Park Act 1977 - • the Recreation Areas Management Act 2006 - • the Nature Conservation Act 1992 ; - (i) a contravention of an Act has happened; and - (ii) the contravention involves an animal; and - (iii) it is necessary to take steps to protect the animal.