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IMPOUNDING ACT 1993 - As at 29 November 2021 - Act 31 of 1993

IMPOUNDING ACT 1993


- As at 29 November 2021 
- Act 31 of 1993 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions

   PART 2 - IMPOUNDING OF ANIMALS AND ARTICLES

           Division 1 - General provisions concerning impounding

   5.      Who can impound and what can be impounded
   6.      Areas in which impounding officers can impound
   7.      Dogs can be impounded in certain areas only
   8.      When is something "impounded"?

           Division 2 - Impounding officers can impound abandoned, unattended and trespassing animals

   9.      Animals unattended in public places can be impounded
   10.     Trespassing animals can be impounded
   11.     Impounded animals to be delivered to pound

           Division 3 - Impounding of animals by occupiers of private land

   12.     Occupier of private land may impound trespassing animal
   13.     Action to be taken when identity of owner known
   14.     Action to be taken when identity of owner not known

           Division 4 - Impounding of articles

   15.     Abandoned and unattended articles can be impounded
   15A.    Impounding boat trailers
   16.     Special procedures for impounding of motor vehicles
   17.     Impounded article to be delivered to pound
   18.     Impounded motor vehicles worth less than $500 may be destroyed
   19.     Police to be informed of action concerning motor vehicle

           Division 5 - Additional powers in relation to shared devices

   19A.    Preliminary
   19B.    Definitions
   19C.    Sharing service--meaning
   19D.    Impounding shared devices that are causing an obstruction or safety risk
   19E.    Impounding abandoned shared devices
   19F.    Regulations relating to sharing services
   19G.    Impounding shared devices not moved in accordance with a removal notice
   19H.    Ownership of shared devices
   19I.    Notice to operators

   PART 3 - HOW IMPOUNDED ITEMS ARE TO BE DEALT WITH

   20.     Impounding authority to notify owner
   21.     Care of impounded animals
   22.     Injured, diseased or distressed animals can be destroyed
   23.     Owner can obtain release of impounded item
   24.     Impounded item to be sold if not claimed
   25.     Proceeds of sale of impounded item
   26.     Impounding fees and charges
   27.     General right to recover impounding fees and charges and damages

   PART 4 - ESTABLISHING POUNDS

   28.     Impounding authority can establish public or private pounds
   29.     Arrangements between authorities for use of pounds
   30.     Records to be kept by impounding authority
   31.     Public may inspect records

   PART 5 - OFFENCES

   32.     Offence of abandoning article, or leaving animal unattended, in public place
   32A.    Owner liable for offences concerning motor vehicles
   33.     Offence of causing or permitting animal to trespass
   34.     Offence of unlawfully recovering impounded item
   35.     Offence of obstructing impounding officer
   36.     Penalty notices
   37.     Proceedings are to be heard by Local Court

   PART 6 - APPLICATIONS TO CIVIL AND ADMINISTRATIVE TRIBUNAL

   38.     Owner of impounded item can apply to Civil and Administrative Tribunal for administrative review
   39.     Time limit for applications
   40.     Result of application to Civil and Administrative Tribunal

   PART 7 - MISCELLANEOUS

   41.     Special power to destroy animals
   42.     Impounding officers must have written authorisation
   43.     Police required to provide assistance on request
   44.     Destruction of animals to be carried out humanely
   45.     Protections from liability
   46.     Permit not required to deliver stock to pound
   47.     Enforcement of court orders
   48.     Recovery of debts arising under this Act
   49.     Method of giving notice
   50.     Act binds the Crown
   51.     Regulations
   52.     Repeals
           53, 54. (Repealed)
   55.     Savings and transitional provisions
   56.     Notes in the text
           SCHEDULE 1
           Dictionary