24CBOfficers’ powers relating to animals kept by convicted persons

#### 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](/view/html/inforce/current/act-1900-040), 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. > > > (7) If the officer disposes of the animal by selling the animal— > > > > > (a) the purchaser acquires a good title to the animal, and > > > > > (b) former interests in the animal are extinguished. > > > (8) Compensation is not recoverable against a person or charitable organisation in relation to the exercise of a power in accordance with this section. > > > (9) If a person specified in the table to this subsection, Column 1 incurs reasonable expenses in exercising a power in accordance with this section, or in complying with related duties imposed by this Act or the regulations, a person or body specified opposite in Column 2 may recover the expenses as a debt in a court of competent jurisdiction from— > > > > > (a) for an animal seized under subsection (1)(a) or (b)—the person subject to the order, or > > > > > (b) for an animal seized under subsection (1)(c) or (d) or (2)—the person convicted of the offence. > > > > | Column 1 | Column 2 | > > | An officer other than an employee of an approved charitable organisation | (a) The officer(b) The Crown | > > | An officer who is an employee of an approved charitable organisation | (a) The officer(b) The officer’s approved charitable organisation | > > > (10) In this section— > > > > business day means a day that is not a Saturday, Sunday or public holiday. > > **s 24CB:** Ins 2022 No 69, Sch 1\[3\]. Am 2024 No 51, Sch 1\[4\]; 2025 No 67, Sch 2.8\[2\].