Dealing with seized animals
48 Dealing with seized animals
This section applies to an animal seized under any provision of this Act.
Note—
This section applies whether or not the seized animal may be liable to forfeiture.
This section ceases to apply to a seized animal if the owner of the animal surrenders the animal to the Minister or the animal is forfeited to the Minister.
If an authorised officer seizes an animal under this Act, the authorised officer may keep the animal at the premises at which it was seized or move the seized animal to any other premises.
The
Minister may—
sell or rehome an animal seized under this Act; or
give an animal seized under this Act to an animal welfare entity for selling or rehoming; or
if satisfied that no action can reasonably be taken under a preceding paragraph or that it is otherwise in the best interests of the seized animal—destroy (or arrange for the destruction of) the animal.
Before selling, rehoming or destroying a seized animal, the Minister must—
if the identity of the owner of the animal is not known—make reasonable inquiries to identify the owner; or
if the identity of the owner of the animal is known—give the person written notice of the Minister's intention to sell, rehome or destroy (or arrange for the destruction of) the animal.
The
Minister may only sell, rehome or destroy (or arrange for the destruction of) a seized animal if the Minister—
is satisfied on reasonable grounds that it is in the best interests of the seized animal; and
has complied with subsection (4);
and
where the identity of the owner of the animal is known, if—
the
Minister has given notice to the owner under subsection (4)(b);
and
the person—
has not, within 14 days after the day the notice is given under subsection (4)(b) (the application period), applied to SACAT under section 56 for review of the Minister's decision to sell, rehome or destroy (or arrange for the destruction of) the animal; or
has, within the application period, applied to SACAT under section 56 for review of the Minister's decision to sell, rehome or destroy (or arrange for the destruction of) the animal and the Minister's decision has been confirmed.
If an animal that has been seized is disposed of by sale under this section—
if the animal was seized as evidence of an offence—the proceeds of the sale must be held by the Minister until the conclusion or termination of the proceedings for the offence when they must be disbursed in accordance with a further order of the court; or
in any other case—the costs incurred by the Minister in relation to the seizure and sale of the animal must be deducted from the proceeds of sale and the remainder (if any)—
if the identity of the owner of the animal is not known—is forfeited to the Minister; or
if the identity of the owner of the animal is known—must be paid to the owner of the animal.
For the avoidance of doubt, nothing in this section affects the ability of an authorised officer to exercise powers under section 45.
In this section—
animal welfare entity means an entity that, in the opinion of the Minister, carries out appropriate functions relating to animal welfare.
This Act’s bill:Second reading speech
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