Division 1 General provisions concerning
5 Who can impound and what can be impounded
(1) Impounding officers can impound certain animals and articles, as
provided by this Act. The power to impound conferred by this Act on an
impounding officer of Roads and Maritime Services is limited to the impounding
of motor vehicles, unless the regulations otherwise
(2) Occupiers of private land can impound certain animals, as provided
by this Act.
(3) A police officer has and may exercise the powers of any impounding
officer (as if he or she had been appointed as an impounding officer by each
impounding authority). This does not make a police officer subject to the
direction or control of an impounding authority.
Note. Impounding officers are persons appointed as impounding officers
by impounding authorities. See the definitions of impounding officer
authority in the dictionary.
See the definition of animal in the dictionary for
the types of animals to which this Act applies.
6 Areas in which impounding officers can impound
(1) An impounding officer may impound something under this Act only in
the area of operations of the impounding officer.
(2) This Act does not confer power on an impounding officer to enter a
place that the officer could not otherwise lawfully
(3) Nothing in this Act prevents an impounding officer from entering
private land at the invitation of the occupier, so long as it is within his or
her “area of operations”.
Note. See the definition of area of operations
in the Dictionary for the areas in which impounding officers can
7 Dogs can be impounded in certain areas only
A dog cannot be impounded under this Act unless it is in a
national park, historic site, nature reserve, state game reserve, karst
conservation reserve or Aboriginal area (as defined in the National Parks and Wildlife Act
Note. A dog may be able to be impounded in other areas under another
law, such as the Companion Animals Act
8 When is something “impounded”?
(1) Something is impounded as soon as an impounding officer or an
occupier of private land takes possession of it under a power conferred by
this Act. It continues to be impounded until it is released or disposed of in
accordance with this Act.
(2) An item does not have to be taken to a pound for it to be
“impounded” for the purposes of this