Racing Integrity Act 2016
sec.237Recovery of seizure, compliance or destruction costs
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sec.237 Recovery of seizure, compliance or destruction costs
This section applies if the commission has incurred a cost for an authorised officer to do 1 or more of the following acts in relation to an animal— if the animal has, under chapter 5 , part 3 , division 3 been seized— taking possession of, or moving, the animal; or taking action to restrict access to the animal; or providing the animal with accommodation, food, rest, water or other living conditions; or arranging for the animal to receive veterinary or other treatment; if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with; if the animal has been destroyed under section 196 —destroying it. The commission may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable— in the interests of the animal’s welfare or to destroy it; or if the animal has been destroyed under section 196 —for the destruction. However, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was retained on the grounds mentioned in section 186 (5) (b) , it may be recovered only if the animal’s retention was reasonably required as evidence. (sec.237-ssec.1) This section applies if the commission has incurred a cost for an authorised officer to do 1 or more of the following acts in relation to an animal— if the animal has, under chapter 5 , part 3 , division 3 been seized— taking possession of, or moving, the animal; or taking action to restrict access to the animal; or providing the animal with accommodation, food, rest, water or other living conditions; or arranging for the animal to receive veterinary or other treatment; if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with; if the animal has been destroyed under section 196 —destroying it. (sec.237-ssec.2) The commission may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable— in the interests of the animal’s welfare or to destroy it; or if the animal has been destroyed under section 196 —for the destruction. (sec.237-ssec.3) However, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was retained on the grounds mentioned in section 186 (5) (b) , it may be recovered only if the animal’s retention was reasonably required as evidence.
- (a) if the animal has, under chapter 5 , part 3 , division 3 been seized— (i) taking possession of, or moving, the animal; or (ii) taking action to restrict access to the animal; or (iii) providing the animal with accommodation, food, rest, water or other living conditions; or (iv) arranging for the animal to receive veterinary or other treatment;
- (i) taking possession of, or moving, the animal; or