VICIn ForceAct
Prevention of Cruelty to Animals Act 1986
24Emergency power to enter and seize or destroy abandoned, distressed or disabled animals
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24 Emergency power to enter and seize or destroy abandoned, distressed or disabled animals
(1) If a POCTA inspector suspects on reasonable grounds that there is on any premises (that is not a person's dwelling) an animal that is abandoned, distressed or disabled the inspector may, with any assistance that is necessary—
(b) if the inspector finds any animal on the premises that the inspector reasonably believes is abandoned, distressed or disabled—
(i) destroy the animal, if the inspector reasonably believes that the animal's condition is such that it would continue to suffer if it remained alive; or
(ii) immediately seize the animal, if the inspector reasonably believes that the animal's welfare is at risk; or
(iii) leave notice at the premises that the inspector intends to seize the animal at the end of two days after the giving of the notice, if the inspector is not contacted by the owner or person in charge of the animal within that period.
(2) If an inspector has left a notice at premises under subsection (1)(b)(iii), and if, on the expiry of the two day period specified in the notice, the inspector has not been contacted by the owner or person in charge of the animal the inspector may, with any assistance that is necessary—
(b) search for and seize the animal.
S. 24AA inserted by No. 60/2015 s. 13.
24AA Emergency power to enter and seize animals used for fighting, blooding or as a lure or kill
If a POCTA inspector suspects on reasonable grounds that there is on any premises (that is not a person's dwelling) any animal in respect of which a contravention of section 13(1A), (1D) or (1E) is likely to occur, is occurring or has occurred (***relevant*** ***animal***), the inspector may, with any assistance that is necessary—
(a) enter the premises; and
(b) search for any relevant animal; and
(c) examine or inspect any relevant animal; and
(d) as to any relevant animal on the premises—
(i) destroy the animal, if the inspector reasonably believes that the animal's condition is such that it would continue to suffer if it remained alive; or
(ii) immediately seize the animal; and
(e) retain possession of any animal that is seized under paragraph (d)(ii), either at the premises where the animal is seized or elsewhere; and
(f) feed, water and otherwise care for any animal that is seized under paragraph (d)(ii), if the animal remains on the premises, and for this purpose may use any equipment on the premises.
S. 24A substituted by No. 65/2007 s. 95.