New South Wales Consolidated Acts

ANIMAL RESEARCH ACT 1985 - SECT 51A

51A Seizure of animals

(1) An inspector, who is of the opinion that an offence against this Act or the regulations has been or is about to be committed in respect of one or more animals, may:

(a) take possession of the animal or animals, and

(b) remove the animal or animals to such place as the inspector thinks fit, and

(c) retain possession of the animal or animals:

(i) for a period not exceeding 30 days from the date on which the inspector takes possession of the animal or animals, or

(ii) if proceedings are commenced during that 30-day period in respect of the offence, until the proceedings are finally determined unless the court before which the proceedings are being heard otherwise directs.

(2) If an inspector has taken possession of an animal or animals under this section, the inspector may apply to the court before which the proceedings for the offence are commenced for an order for the disposal of the animal or animals concerned before the proceedings are finally determined.

(3) The court to which the application is made may:

(a) order that the animal or animals be sold or otherwise disposed of in such manner as the court considers appropriate in the circumstances, and

(b) direct that the proceeds of the sale or other disposal be held in trust pending the determination of the proceedings for the offence and the further order of the court, and

(c) make such other orders as the court considers appropriate.

(4) The reasonable expenses incurred by an inspector in the exercise of powers under this section in respect of an animal or animals may be recovered from the owner of the animal or animals as a debt in a court of competent jurisdiction by the inspector or any other person acting on behalf of the Crown.

(5) Compensation is not recoverable against any person in respect of the retention or disposal of an animal under this section.