Criminal Code (Animal Valuers) Regulation 2014

This regulation may be cited as the Criminal Code (Animal Valuers) Regulation 2014.

The dictionary in schedule 1 defines particular words used in this regulation.

An eligible person may apply to the chief executive for appointment as an animal valuer.

The application must be made in the approved form.

For subsection (1), a person is an eligible person if the person—

is an adult; and

has not been convicted of an indictable offence or an offence involving dishonesty; and

is not a bankrupt.

Subject to subsection (2), a person is suitable for appointment as an animal valuer if the chief executive reasonably believes the person—

is qualified for appointment as an animal valuer because the person has the necessary expertise or experience; and

is competent to perform the functions of an animal valuer.

However, despite subsection (1), the chief executive may decide a person is not suitable for appointment as an animal valuer having regard to the following—

any applications for appointment as an animal valuer previously made by the person that have been refused;

the person’s criminal history;

any other matter the chief executive reasonably considers relevant.

Before deciding an application for appointment as an animal valuer, the chief executive—

may make enquiries necessary to allow the chief executive to decide the application; and

may, by written notice given to the applicant, require the applicant to give the chief executive within a stated reasonable period additional information the chief executive reasonably considers is needed to allow the chief executive to decide the application; and

may require the additional information mentioned in paragraph (b) to be verified by statutory declaration.

The application is taken to be withdrawn if, within the stated reasonable period, the applicant does not comply with a requirement under subsection (1)(b).

The chief executive may ask the commissioner of the police service for a written report about the applicant’s criminal history.

The commissioner must comply with the request.

However, subsection (4) applies only to information in the commissioner’s possession or to which the commissioner has access.

The chief executive must consider the application and decide to—

approve the application and appoint the applicant as an animal valuer with or without conditions; or

refuse to approve the application.

The chief executive may approve the application only if the chief executive is satisfied the applicant is both an eligible person and is suitable for appointment as an animal valuer.

Note—

For the suitability of a person for appointment as an animal valuer, see section 4.

The chief executive must promptly give written notice to the applicant of the decision.

Animal valuers are appointed under the Code, section 450F and not under the Public Sector Act 2022.

In this section—

eligible person see section 3(3).

An animal valuer holds office on the following conditions—

the conditions stated in this regulation;

the conditions decided by the chief executive, and stated in the written notice given to the valuer under section 6(3) or a signed notice given to the valuer, to the extent the conditions are not inconsistent with this regulation.

It is a condition of appointment as an animal valuer that the valuer must give written notice to the chief executive if any of the following events happen—

a change of the valuer’s name or address;

the valuer is convicted of an indictable offence or an offence involving dishonesty;

the valuer becomes a bankrupt.

If an event under subsection (2)(a) happens, the valuer must give the notice to the chief executive within 28 days after the event happens.

If an event under subsection (2)(b) or (c) happens, the valuer must give the notice to the chief executive as soon as possible after the event happens.

In this section—

signed notice means a notice signed by the chief executive.

The office of a person as an animal valuer ends if—

the person is convicted of an indictable offence or an offence involving dishonesty; or

the person becomes a bankrupt; or

the chief executive reasonably considers the person is no longer suitable to be an animal valuer; or

Note—

For the suitability of a person for appointment as an animal valuer, see section 4.

the person has not complied with this regulation, or a condition of the person’s appointment as an animal valuer; or

the person resigns by signed notice given to the chief executive.

The chief executive must promptly give written notice to the person if the person’s office as an animal valuer ends under subsection (1)(a) to (d).

A person’s resignation under subsection (1)(e) takes effect on the later of the following—

14 days after the chief executive receives the notice;

the day for resignation stated in the notice.

A person who resigns as an animal valuer must still attend proceedings, and do anything else, in relation to valuations for which the person has signed a certificate of valuation, as if the person were still an animal valuer.

This section applies if a prosecutor for a proceeding decides it is necessary to decide the value of an animal for the proceeding under the Code, section 450F.

Note—

For the offences to which the Code, section 450F applies, see the following provisions of the Code—

section 398, punishment in special cases, item 2;

chapter 44;

section 468.

As soon as practicable after making the decision, the prosecutor must ask the chief executive to form a panel to value the animal for the proceeding.

When making the request, the prosecutor must give the chief executive the following details for the proceeding (the charge details)—

details of the charge in relation to which the animal is connected;

the name of—

the accused person in the proceeding; and

the person claiming to be the owner of the animal;

the date on which the offence, to which the charge relates, is alleged to have happened;

a description of the animal, including any identifying information available for the animal;

the present location of the animal or its remains;

the location at which the valuation is proposed to be conducted;

the prosecutor’s name and contact details;

the scheduled date and place, if known, of the hearing of the charge;

any other information, available to the prosecutor, that may assist a panel in the identification of the animal.

As soon as practicable after receiving a request under section 9(2), the chief executive must select 2 animal valuers to form a panel to value the animal for the proceeding.

An animal valuer selected to form the panel must participate in the panel under this regulation unless the animal valuer is unavailable to perform the valuer’s functions.

The chief executive may form more than 1 panel for a proceeding, but only if the panels are formed to value different animals for the proceeding.

For each panel formed for a proceeding, the chief executive must tell—

each animal valuer forming the panel of—

the charge details; and

the name and contact details of the other valuer forming the panel; and

the contact details of a prosecutor for the proceeding; and

any other information available to the chief executive that may assist the panel in the valuation of the animal; and

a prosecutor for the proceeding of the name and contact details of each animal valuer forming the panel.

An animal valuer selected to form a panel to value an animal for a proceeding has the following functions—

attend a place required by the chief executive at a reasonable time required by the chief executive;

carry out a valuation of the animal;

make a certificate of valuation for the animal;

if required by the chief executive, immediately give—

the certificate of valuation to a prosecutor for the proceeding; and

a copy of the certificate to the chief executive.

Also, if required by a prosecutor for the proceeding, the valuer must—

attend the proceeding; or

appear as a witness for the prosecution in the proceeding.

Note—

See also section 18.

Subsection (2)—

does not apply if there are special or unusual circumstances preventing the valuer from carrying out the functions mentioned in that subsection; and

does not prevent the subpoena of an animal valuer.

This section applies if an animal valuer, who is selected to form a panel to value an animal for a proceeding, becomes aware that the valuer has an actual conflict of interest or potential conflict of interest about the proceeding (both a conflict of interest).

The valuer must immediately give notice to the following persons of the issue giving rise to the conflict of interest—

if the valuer becomes aware of the conflict of interest before signing the certificate of valuation for the animal—the chief executive and a prosecutor for the proceeding;

otherwise—a prosecutor for the proceeding.

If the chief executive receives a notice under subsection (2)(a), the chief executive must—

replace the valuer on the panel; and

tell a prosecutor for the proceeding, and the other valuer forming the panel, of the name and contact details of the replacement valuer.

If a prosecutor receives a notice under subsection (2)(b), the prosecutor must give notice of the issue giving rise to the valuer’s conflict of interest to—

the court hearing the proceeding; and

the accused person in the proceeding or a lawyer acting for the accused person.

If the valuer becomes aware of the conflict of interest after signing the certificate of valuation for the animal, the valuation of the animal, and the certificate of valuation, are of no effect unless—

all parties to the proceeding have been notified of the issue giving rise to the conflict of interest and consent to the tendering of the certificate of valuation; or

if 1 or more parties to the proceeding do not consent—the court is satisfied that it is appropriate for the certificate to be tendered and to proceed with the proceeding with only 1 animal valuer forming the panel.

Also, if 1 or more parties do not consent under subsection (5), the court may grant an adjournment of the proceeding, on terms it considers appropriate, to allow—

the replacement of the animal valuer on the panel; and

a new certificate of valuation to be tendered in the proceeding.

In this section—

actual conflict of interest, for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that conflicts with the proper performance of the valuer’s functions for the proceeding.

potential conflict of interest, for an animal valuer about a proceeding, means the valuer has an interest, financial or otherwise, that could conflict with the proper performance of the valuer’s functions for the proceeding.