IMPOUNDING ACT 1993 - As at 1 November 2022 - 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
• SCHEDULE 99 Dictionary