Recovery of seizure, compliance or destruction costs
237 Recovery of seizure, compliance or destruction costs
This section applies if the State incurs a cost for an inspector to do 1 or more of the following acts in relation to an animal—
if the animal is seized under chapter 6, part 3, division 4—
taking possession of, or moving, it; or
taking action to restrict access to it; or
providing it with accommodation, food, rest, water or other living conditions; or
arranging for it to receive veterinary or other treatment;
if an exhibited animal direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;
if the animal is destroyed under section 203—destroying it.
The State may recover the cost from the animal’s owner or former owner if incurring the cost was necessary and reasonable—
to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with the animal; or
if the animal is destroyed under section 203—for the destruction.
However, if a cost mentioned in subsection (1)(a)(iii) or (iv) is for a period during which the animal was retained under section 201(2)(d), it may be recovered only if the animal’s retention was reasonably required as evidence.
This Act’s bill:Explanatory memorandumSecond reading speech
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