Exhibited Animals Act 2015

This section applies if—

an inspector is exercising, or purporting to exercise, a power; and

either of the following (each a relevant event) happens—

the inspector kills or injures an animal or damages another thing;

a person (the directed person) acting under the direction or authority of the inspector kills or injures an animal or damages another thing.

However, this section does not apply to injury or damage the inspector reasonably considers is trivial.

Also, this section does not apply if the inspector reasonably believes—

there is no-one apparently in possession of the animal or other thing; or

the animal or other thing has been abandoned.

The inspector must give notice of the relevant event to the person who appears to the inspector to be an owner, or person in control, of the animal or other thing.

However, if for any reason it is not practicable to comply with subsection (4), the inspector must—

leave the notice at the place where the relevant event happened; and

ensure it is left in a conspicuous position and in a reasonably secure way.

The inspector may delay complying with subsection (4) or (5) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the inspector.

The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.

If the inspector believes the animal was killed or injured or the other thing was damaged because of circumstances beyond the control of the inspector or the directed person, the inspector may state the belief in the notice.Example of circumstances for subsection (8)—a latent defect in a thing

The notice must state—

particulars of the relevant event; and

that a person who has suffered loss or damage because of the relevant event may claim compensation under section 218.