Prevention of Cruelty to Animals Act 1979
24CBOfficers’ powers relating to animals kept by convicted persons
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24CB Officers’ powers relating to animals kept by convicted persons
24CB Officers’ powers relating to animals kept by convicted persons
(1) An officer may seize an animal kept—
(a) in contravention of an order made under section 30B or 31(1), or
(b) in contravention of an interstate prohibition order, within the meaning of section 31AA, or
(c) by a person convicted of an offence against the Crimes Act 1900, section 79, 79A, 79B, 80, 530 or 531, or
(d) by a person convicted of a serious interstate animal offence.
(2) An officer may also seize an animal if the officer suspects, on reasonable grounds, that the animal is being bred, or is the offspring of an animal being bred—
(a) by a person convicted of an animal cruelty offence, or
(b) in the operation of a business relating to breeding animals that is managed or controlled by a person convicted of an animal cruelty offence.
(3) Subsection (2) does not permit an officer to seize a stock animal or a working dog being bred for commercial purposes or the offspring of a stock animal or a working dog being bred for commercial purposes.
(4) Subsection (2)(a) and (b) apply only in relation to a person convicted of an animal cruelty offence on or after the commencement of this section.
(5) An officer may do one or more of the following—
(a) keep an animal seized under subsection (1) or (2),
(b) provide the animal with necessary food, drink, shelter and veterinary treatment,
(c) dispose of the animal after 5 business days after seizing the animal.
(6) Despite subsection (5), the officer may dispose of the animal within 5 business days after seizing the animal but only if—
(a) the animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep the animal alive, and
(b) the officer disposes of the animal by providing euthanasia, or arranging for euthanasia to be provided, to the animal in a way that causes the animal to die quickly and without unnecessary pain.