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; (b) there is likely to be a welfare risk to the animal because— (i) there is a failure of environmental systems relating to the animal; or (ii) there is a failure or imminent failure to appropriately manage or treat the animal; (c) the animal cannot be transported to normal slaughter or market because of an extreme climate event, emergency event or market failure; (d) the animal has been abandoned; (e) the owner or person in charge of the animal is unable or unwilling to care for the animal or act to resolve a welfare risk to the animal because of a physical, financial or mental incapacity. (5) For the purposes of subsection (1)(c), the factors are the following— (a) there are a number of animals at the premises that are likely to become distressed or disabled; (b) the likely cost of holding and caring for the animal; (c) the physical state of the animal or the stage of production of the animal; (d) whether it is reasonable or practicable for the Department Head or any other person or body to retain possession of the animal. (6) In this section— ***environmental system*** means a system that regulates the conditions under which animals are housed or confined, including regulation of temperature, light, ventilation, provision of water or feed, accommodation or barriers and any other environment or climatic factor on which animals are dependent for their survival and welfare; ***market failure*** means the inability to access an appropriate market for the sale or processing of livestock or livestock products and includes supply chain interruptions and suspensions to market access; ***stage of production***, in relation to an animal, includes whether the animal is lactating, pregnant, at a particular stage of growth or in some other stage of production. S. 24FB inserted by No. 60/2015 s. 16. 24FB Notice to seize and dispose of animal (1) If the Minister authorises a specialist inspector to seize and dispose of an animal under section 24FA, the Minister must serve written notice of the seizure and disposal. (2) A notice under subsection (1) must be served by— (a) giving it personally to the owner of the animal; or (b) if the identity of the owner cannot be readily established or the owner cannot be readily contacted, giving it personally to the person in charge of the animal; or (c) leaving it or sending it by post to the last known residential or business address of the owner or the person in charge of the animal. (3) A notice under subsection (1) must state— (a) that a specialist inspector has been authorised by the Minister under section 24FA to enter the premises and to seize and dispose of the animal; and (b) when seizure is to occur. S. 24FC inserted by No. 60/2015 s. 16. 24FC Actions that may be taken under authorisation under section 24FA An authorisation under section 24FA authorises the specialist inspector named in the authorisation, with any assistance that is necessary— (a) to enter any premises at which the animal is kept (other than any part of the premises that is a person's dwelling); and (b) to seize the animal; and (c) to dispose of the animal; and (d) to retain possession of the animal, either on the premises where the animal is seized or elsewhere, until the animal is disposed of; and (e) to feed, water and otherwise care for the animal while the animal remains on the premises, and for this purpose to use any equipment on the premises. S. 24FD inserted by No. 60/2015 s. 16. 24FD Method of disposal of animal seized under authorisation under section 24FA Any animal seized under an authorisation under section 24FA may be disposed of— (a) in the manner determined by the Minister; or (b) otherwise in accordance with Division 6. S. 24G (Heading) amended by No. 60/2015 s. 17(1). S. 24G substituted by No. 65/2007 s. 95.