Part 7 Procedures for dealing with seized or surrendered animals
Note. This Part generally applies in relation to companion animals that are seized under the authority of this Act or that otherwise end up at council pounds. The requirements and procedures of this Part are not intended to apply to lost or injured animals that are taken by members of the public to animal welfare organisations (such as the RSPCA) or to a vet merely so that they can be treated or reunited with their owners. The Part also does not apply to animals that are surrendered to animal welfare organisations (unless the organisation also operates as a council pound).If companion animals (other than those seized under the authority of this Act) end up at a council pound (eg by being surrendered or abandoned), they may be dealt with by the pound operator under this Part.
(1) In this Part:approved person means:
(a) an approved animal welfare organisation, or(b) any person authorised by the Director-General under section 75 (7) (a1) to have access to information contained in the Register for the purposes of identifying seized or lost animals.approved premises means any premises (other than a council pound) operated by an approved person.
seized animal means an animal that is seized under the authority of this Act.
surrendered animal means a companion animal that:
(a) is surrendered to a council pound, or(b) has come into the possession of a council pound otherwise than by being seized under the authority of this Act.(2) A reference in this Part to a council is, in relation to a council pound referred to in paragraph (b) of the definition of that term in section 5, a reference to the pound operator.
62 Seized animals must be delivered to owner, council pound or approved premises
(1) A person who seizes an animal under the authority of this Act must cause the seized animal to be delivered as soon as possible:(a) to its owner, or(b) to a council pound, or(c) to any approved premises.Maximum penalty: 30 penalty units.
Note. Animals may be seized under the following provisions of this Act:(a) section 13,(b) section 14,(c) section 18,(d) section 22,(e) section 30,(f) section 32,(g) section 36,(h) section 52,(i) section 57,(j) section 58B.Animals may also be seized under sections 57D and 58G, however this Part does not apply to animals seized under those sections.
(2) In the case of an animal that has been seized by a person who is not an authorised officer, subsection (1) is complied with by the person if the person, as soon as possible after seizing the animal, makes an arrangement with an authorised officer for the animal to be delivered by the officer to its owner, a council pound or approved premises.
63 Owner of seized or surrendered animal to be notified
(1) When a seized animal is delivered to a council pound or approved premises, the person in charge of the pound or premises is to give notice of the seizure of the animal to the person who appears (from the best endeavours of the person in charge to establish who the owner is) to be the owner of the animal. Notice of seizure need not be given if those best endeavours fail to establish the name and address of the owner of the animal.(1A) When a surrendered animal (other than an animal surrendered by its owner) comes into the possession of a council pound, the person in charge of the pound is to give notice of the possession of the animal to the person who appears (from the best endeavours of the person in charge to establish who the owner is) to be the owner of the animal. Notice of possession need not be given if those best endeavours fail to establish the name and address of the owner of the animal.(2) Without limiting the requirement that the person in charge of a pound or approved premises use his or her best endeavours to establish who the owner of an animal is, the person must make the following inquiries:(a) inquiries to determine whether the animal is registered or identified as required by this Act and, if so, a search of the Register to find the name and address of the owner of the animal,(b) inquiries based on any form of identification worn by the animal,(c) such other inquiries as the regulations may require be made.(3) The notice required by this section is to be in writing and is to be given:(a) by being served personally on the person to whom it is required to be given, or(b) by sending it by post to the person to whom it is required to be given at that person’s address, being the address shown in the Register as the address of the owner or at such other address as appears to the person who gives the notice to be the owner’s address, or(c) by leaving it with some other person for the person to whom it is required to be given at that person’s address.(4) The regulations may impose requirements on the form and contents of the notice required by this section and may provide for other ways in which the notice can be served.
63A Seized animals detained at approved premises
(1) If a seized animal that is detained at approved premises is not claimed after the period of 72 hours following the delivery of the animal to the approved premises, the person in charge of the premises must cause the animal to be delivered to a council pound.(2) For the purposes of this section, an animal is claimed when a person who appears to the person in charge of the approved premises to be the owner of the animal or acting on the owner’s behalf claims the animal.
64 Unclaimed seized or surrendered animal may be sold or destroyed
(1) If a seized animal (including an animal delivered to a council pound under section 63A) or a surrendered animal (other than an animal surrendered by its owner) has not been claimed, the council may sell or destroy the animal:(a) if notice under section 63 (1) or (1A) has been given—after the period of 14 days following the giving of the notice, or(b) if such a notice is not required to be given—after the animal has been held at the council pound for a period of 7 days.(2) However, the council may, in accordance with any policy that has been adopted by the council in relation to the management of feral or infant companion animals, destroy the seized or surrendered animal concerned before the end of any such period referred to in subsection (1).(2A) Any policy adopted by the council for the purposes of subsection (2) must comply with such guidelines as may be issued by the Director-General.(3) An animal is claimed when:(a) a person who appears to the person in charge of the pound to be the owner of the animal or acting on the owner’s behalf claims the animal, and(b) the fees for the release of the animal (being fees determined by the council under this Part) are paid to the council, and(c) the charges for the animal’s maintenance while it was detained by the council (being charges determined by the council under this Part) are paid to the council.(3A) Despite any other provision of this section, if an offence under this Act in relation to a seized animal is in the course of being investigated (or proceedings in relation to any such offence have commenced but have not been determined):(a) the council may detain the animal at the council pound, and(b) the animal may not be claimed,until such time as those investigations are completed or those proceedings are finally determined.(4) An unregistered animal that is required to be registered cannot be claimed until an application for registration of the animal has been properly made (and any registration fee that is payable has been paid). The regulations may create exceptions to this subsection.(5) Before destroying a seized or surrendered animal as authorised by subsection (1), it is the duty of the council concerned to consider whether there is an alternative action to that of destroying the animal and (if practicable) to adopt any such alternative.(6) This section does not authorise a council to sell a dangerous or restricted dog.
64A Animals surrendered by owners may be sold or destroyed
(1) A council may at any time sell or destroy a surrendered animal if the animal was surrendered by its owner to the council pound.(2) Before destroying a surrendered animal as authorised by subsection (1), it is the duty of the council concerned to consider whether there is an alternative action to that of destroying the animal and (if practicable) to adopt any such alternative.(3) This section does not authorise a council to sell a dangerous or restricted dog.
65 Fees and charges payable when animal detained or held
(1) A council can determine the following fees and charges for the purposes of this Part:(a) release fees, being fees to be paid for the release of an animal detained or held under this Part, and(b) maintenance charges, being charges to be paid for the maintenance of an animal while it is detained or held by the council under this Part.(2) Different fees and charges can be determined by a council in respect of different breeds, kinds or classes of animals.(3) The Minister can issue guidelines to councils from time to time with respect to the fixing of fees and charges under this section and councils are to comply with those guidelines.(4) The regulations may set maximum amounts for the fees and charges that can be determined by councils under this section.
66 Owner not entitled to compensation for sale of animal
(1) A council that sells an animal under this Part may transfer the proceeds of sale to such of its funds as it considers appropriate. The money then becomes the property of the council.(2) A person who claims to be the owner of an animal sold by a council under this Part is not entitled to any compensation for the sale.(3) If the proceeds of sale of an animal are less than the release fees and maintenance charges determined by the council under this Part (together with any expenses reasonably incurred by the council in selling the animal), the council is entitled to recover from the person who was the owner of the animal at the time it was seized or surrendered the whole or part of the difference between the proceeds of the sale and the amount of those fees, charges and expenses.
67 Recovery of fees and charges when animal destroyed
If a seized or surrendered animal is destroyed by the council under this Part, the council is entitled to recover the following amounts from a person who was the owner of the animal at the time it was seized or surrendered:(a) the release fees and maintenance charges determined by the council under this Part,(b) if the council so resolves, the whole or part of any expenses reasonably incurred by the council in destroying the animal.
67A Reporting on pound activities
The Director-General may require a council to report to the Director-General on any matter relating to the activities of a council pound operated by the council or the council’s agent.
68 Offence of rescuing seized animal
(1) A person who rescues or attempts to rescue an animal seized under the authority of this Act or an animal lawfully detained after seizure under the authority of this Act is guilty of an offence.Maximum penalty: 5 penalty units.
(2) A person convicted of an offence under this section of rescuing an animal lawfully detained by a council is, in addition to any penalty imposed, liable to pay the charges for the maintenance of the animal while it was detained by the council (being charges determined by the council under this Part).(3) If 2 or more persons are convicted in respect of the one offence under this section, any charges payable under this section are, if the court so orders, payable in full by one of those persons or payable by any or all of those persons in such proportions as the court orders.
69 Protection of council and council officers
(1) A person who destroys an animal under a power conferred by this Act is not liable in damages for any loss that the owner of the animal or any other person has sustained as a result of that action and nor is a council that authorised the person, unless it is established that the person or council did not act in good faith.(2) When an animal is sold under a power conferred by this Act:(a) the buyer obtains the ownership of the animal freed and discharged from any right, interest, trust or obligation to which it was subject immediately before sale, and(b) the person who was the owner of the animal immediately before its sale ceases to have any claim in respect of the animal or any right of action in respect of the sale except as specifically provided by this Act.(3) A person is not prevented from recovering damages from a council in respect of the sale of an animal if the person establishes that the council, or the person who effected the sale, did not act in good faith or acted without reasonable care.