Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Division 7.6A Dealing with seized animals
86A Animal welfare entities
(1) In this Act:
"animal welfare entity" means—
(a) the RSPCA; or
(b) an entity declared by the Minister.
(2) The Minister may make guidelines about the way an animal welfare entity may deal with a seized animal under this division.
(3) A declaration of an animal welfare entity or a guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(4) In this section:
"RSPCA" means the Royal Society for the Prevention of Cruelty to Animals (ACT) Inc ABN 35 730 738 037.
86B Accommodation of seized animals
(1) The authority must accommodate a seized animal by—
(a) if the authority is reasonably satisfied that the animal can be kept under suitable care by the person in charge of the animal—returning the animal to the care of the person under stated written conditions; or
(b) if the authority is not satisfied that the animal can be kept under suitable care by the person in charge of the animal—placing the animal in the care of an animal welfare entity; or
(c) if the animal cannot be placed in the care of an animal welfare entity—impounding the animal.
(2) A condition mentioned in subsection (1) (a) may include—
(a) a condition prescribed by regulation; and
(b) any other condition the authority considers appropriate to ensure the welfare and appropriate care of the animal.
(3) A person commits an offence if—
(a) an animal is returned to the person's care under stated written conditions; and
(b) the person fails to comply with a condition.
Maximum penalty: 50 penalty units.
(4) An offence against subsection (3) is a strict liability offence.
86C Selling or rehoming seized animals
(1) The authority may—
(a) sell a seized animal; or
(b) give a seized animal to an animal welfare entity for selling or rehoming.
(2) Before selling or rehoming an animal, the authority must—
(a) if the identity of the person in charge of the animal is not known—make reasonable enquires to find out who the person in charge is; or
(b) if the identity of the person in charge of the animal is known—give the person written notice of the authority's intention to sell or rehome the animal.
(3) The authority may only sell or rehome an animal if—
(a) the authority is satisfied on reasonable grounds it is in the best interest of the welfare of the seized animal; and
(b) the authority knows the identity of the person in charge of the animal and has given notice to the person under subsection (2) (b); and
(c) the person—
(i) does not, within 14 days after the day the notice is given (the application period ), apply to the ACAT under section 108 for review of the decision; or
(ii) applies to the ACAT under section 108 for review of the decision within the application period and the authority's decision to sell or rehome the animal is confirmed.
86D Destroying seized animals
(1) This section applies if the authority believes on reasonable grounds that a seized animal is so severely injured or diseased, or in such poor physical condition, that it is cruel to keep the animal alive.
(2) The authority may—
(a) with the written consent of the person in charge of the animal, destroy the animal or cause it to be destroyed, in a way that causes it to die quickly and without unnecessary pain; or
(b) give the animal to a veterinary practitioner so that the practitioner may destroy the animal in a way that causes it to die quickly and without unnecessary pain.
(3) The reasonable expenses incurred by the authority in the exercise of a power under subsection (2) in relation to an animal may be recovered by the Territory from the owner of the animal as a debt in a court of competent jurisdiction.
86E Temporary prohibition on animal ownership etc
(1) This section applies if—
(a) a domestic animal is seized under this Act; and
(b) a proceeding (a relevant proceeding ) has not been started in a court against a person in charge of the animal for an offence against part 2 (Animal welfare offences); and
(c) the authority reasonably believes that an animal's welfare is, or would be, at serious risk if the person were to own, keep, care for or control the animal.
(2) The authority may, in writing, prohibit (a prohibition order ) the person individually or jointly with another person from—
(a) purchasing or acquiring an animal within the period stated in the order; or
(b) keeping, caring for or controlling an animal within the period stated in the order.
(3) In making a prohibition order, the authority—
(a) must consider—
(i) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and
(ii) the likelihood the person has, or will, commit an offence against this Act; and
(iii) any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare; and
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(b) may state that the order ends if stated conditions are met by the person.
(4) The prohibition order ends on the earlier of—
(a) the day a relevant proceeding starts; or
(b) the day stated by the authority in the prohibition order; or
(c) if a condition is stated under subsection (3) (b)—the day the authority confirms in writing that the condition has been met; or
(d) 6 months after the day the prohibition is made.
(5) A person commits an offence if the person fails to comply with a prohibition order.
Maximum penalty: 100 penalty units.
(6) Subsection (3) does not limit the matters the authority may consider.