South Australian Current Acts

IMPOUNDING ACT 1920 - SECT 33

33—Time and mode of sale of impounded cattle

        (1)         Subject to section 34, all sales of impounded cattle shall take place—

            (a)         where notice of impounding has been given by being delivered personally or left as mentioned in section 25, or such notice has been sufficiently given by being posted up on a board at the pound, not less than ten clear days after such cattle are impounded; or

            (b)         in any other case—not less than 24 clear days after the date specified in the notice for the purpose (which must not be a date occurring before the date the notice is posted or published in accordance with this Act):

Provided that when the sale is suspended by a justice under section 32, and notice of such suspension and of the future time of such sale is required to be given as provided by that section, the said periods of ten and twenty-four days respectively shall be calculated from the time of the giving, posting, or publication of such notice of suspension and future time of sale.

        (2)         All such sales—

            (a)         shall take place at the public pound where such cattle are impounded or in any case where it is so directed by the mayor of the municipality or the chairman of the district council district wherein the cattle were found, the sale may take place at any stock saleyard appointed by the said mayor or chairman, as the case may be; and

            (b)         shall be by auction and to the highest bidder; and

            (c)         shall commence at such time as is fixed by the poundkeeper by notice published on a website determined by the Minister or in a newspaper circulating in the area in which the pound is situated, and posted up on a board at the pound.

        (3)         All such sales shall be conducted by—

            (a)         a person duly licensed as an auctioneer for that purpose by the Governor; or

            (b)         a person duly licensed for that purpose by the council of the district within which is situate the pound at which such sale takes place.

        (4)         Not more than ten head of sheep or goats or five head of pigs, nor more than one animal of any other description, shall be put up for auction in one lot.

        (5)         Neither the person who impounded the cattle, nor the justice who made the order for the sale of such cattle, shall, either personally or by any other person, purchase such cattle, nor shall the keeper of the pound, nor his servant or surety, nor any member or clerk of the council of the district in which such pound is situated, either personally or by any other person, purchase any cattle impounded in such pound. Any person so offending shall be liable, for every such purchase, to a penalty of forty dollars, and shall also restore the cattle purchased to the person who, if such sale had not taken place, would be entitled to receive the same.