AustLII Tasmanian Consolidated Acts

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ANIMAL HEALTH ACT 1995 - SECT 78

78. Procedures relating to seizure of animal, &c.

      (1) The power to seize an animal, animal material or other thing includes a power to seize –

(a) any fitting, conveyance, package or other covering in which it is contained; and

(b) any animal, animal material or other thing that the inspector suspects has been in contact with it.

      (2) If an inspector seizes any animal, animal material or other thing, the inspector must provide written notice of that seizure to the owner as soon as practicable.

      (3) An animal, animal material or other thing that is seized by an inspector may be retained by the Secretary –

(a) for a period of 60 days commencing on the day it is seized; or

(b) if proceedings for an offence in relation to it are instituted within that 60 day period, until the proceedings (including any appeal) are terminated.

      (4) If an inspector has seized an animal or animal material, the inspector may direct an owner (including the person from whose possession it was seized) to maintain it as specified in the direction.

      (5) The Chief Veterinary Officer may release an animal, animal material or other thing that has been seized to the owner (including the person from whose possession it was seized) unconditionally or on such conditions (including the giving of security) as the Chief Veterinary Officer considers appropriate.

      (6) Without the written permission of the Chief Veterinary Officer, a person must not interfere with or remove an animal, animal material or other thing that has beenseized.

Penalty:

Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.



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