24FSeizure of distressed etc. animals after service of notice of intent to seize

24F Seizure of distressed etc. animals after service of notice of intent to seize

(1) If, on the expiration of 7 days after the service of a notice under section 24E, the Minister is not satisfied that action has been or is being taken to remove the likelihood of the animal becoming distressed or disabled, the Minister may authorise a specialist inspector, with any assistance that is necessary—

S. 24F(1)(a) substituted by No. 60/2015 s. 15(3).

(a) enter the premises at which the animal is kept (other than any part of the premises that is a person's dwelling) and seize the animal; and

(b) to dispose of the animal in the manner determined by the Minister, or otherwise in accordance with Division 6.

S. 24F(2) inserted by No. 60/2015 s. 15(4).

(2) A specialist inspector who seizes an animal under subsection (1) may—

(a) retain possession of the animal, either at the premises where the animal is seized or elsewhere, until the animal is disposed of; and

(b) feed, water and otherwise care for the animal if the animal remains on the premises and for this purpose—

(i) may use any equipment on the premises; and

(ii) obtain any necessary assistance from another person.

S. 24FA inserted by No. 60/2015 s. 16.

24FA Seizure and disposal of distressed etc. animals without notice of intent to seize

(1) The Minister may issue to a specialist inspector an authorisation to seize and dispose of any animal on a premises if the Minister believes on reasonable grounds that—

(a) the animal is in such a condition, or, in such circumstances, that it is likely to become distressed or disabled; and

(b) any action required to remove the likelihood of the animal becoming distressed or disabled is unlikely to occur because of one or more of the circumstances set out in subsection (4); and

(c) it is reasonable to dispose of the animal having regard to all the factors set out in subsection (5).

(2) An animal must not be seized under an authorisation under this section unless the notice under section 24FB has been served in accordance with that section.

(3) An animal may be seized under an authorisation under this section—

(a) immediately after service of the notice under section 24FB; or

(b) during any period after service of the notice under section 24FB that is specified in that notice.

(4) For the purpose of subsection (1)(b), the circumstances are the following—

(a) a significant interruption to the provision of food or water to the animal has occurred or is likely to occur;