Deciding animal’s value
13 Deciding animal’s value
The value of an animal for an offence provision is the animal’s value as decided under this division.
The panel formed to value the animal must use a method of valuation (an appropriate method) that reflects a fair and reasonable estimate of the cost to the animal’s owner of replacing the animal with a comparable animal—
on the day of the offence; and
at or near the place where, on the day of the offence, the animal was primarily kept by the owner.
If the animal valuers forming the panel do not agree on the animal’s value, the value of the animal for the offence provision is the average of the values decided by each animal valuer forming the panel.
If, during the proceeding for the offence, the panel’s valuation of the animal is challenged and a different value is proven to be the correct value using an appropriate method, the value of the animal for the offence provision is the value proven to be correct.
Note—
See section 16.
The valuation of the animal, and the certificate of valuation for the animal, is of no effect if 1 or both of the persons forming the panel were no longer animal valuers during part or all of the period from the panel’s formation to its making of the certificate of valuation.
If the animal is not available for examination by the panel, the panel may use any of the following to decide the animal’s value—
hides, skins, ears or another part of the animal;
an adequate prescribed record of the animal under the Code, section 450D;
books, electronic records or other records about the animal;
information about comparable prices for comparable animals.
In this section—
offence means the offence for an offence provision.
offence provision means a provision of the Code to which the Code, section 450F(1) applies.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.