DOMESTIC ANIMALS ACT 1994 - SECT 84M Recovery of dog or cat
DOMESTIC ANIMALS ACT 1994 - SECT 84M
Recovery of dog or catS. 84M(1) amended by Nos 69/2017 s. 75(1), 6/2023 s. 3(Sch. 1 item 2). [2]
(1) A person may recover a dog or cat retained by a Council, or a person or body that has an agreement with a Council under section 84Y, which has been seized under section 23(1), 82, 82B, 83, 84, 84A, 84B or 84C and in respect of which the Council has decided not to retain custody, if within 8 days (or 14 days in the case of an abandoned animal) of the seizure—
(a) the person pays the amount fixed by the Council or charged by the person or body for the reasonable costs and expenses incurred by the Council, person or body in seizing the animal and retaining custody of it until its recovery; and
(b) the person proves to the satisfaction of the Council or person or body that he or she is the owner of the animal or the agent of that owner; and
(c) the owner has complied with any requirements of this Act or the regulations placed on the owner with respect to that animal.
Note
For example under section 10A the animal may have to be desexed in order to be registered under this Act and under section 10C the animal may have to be implanted with a prescribed permanent identification device to be registered under this Act.
S. 84M(2) amended by No. 69/2017 s. 75(2).
(2) If a person has been prosecuted for an offence set out in section 84Q(2) or (2A) and has not been found guilty of that offence, the owner of the dog or cat, to which the offence relates, may recover the animal if he or she within 8 days after the completion of proceedings—
S. 84M(2)(a) substituted by No. 3/2022 s. 8(2).
(a) proves to the satisfaction of a Council or a person or body that has an agreement with a Council under section 84Y, which is retaining the animal, that he or she is the owner of the animal; and
(b) ensures that any requirements of this Act or the regulations placed on the owner with respect to that animal have been complied with.
Note
For example under section 10A the animal may have to be desexed in order to be registered under this Act and under section 10C the animal may have to be implanted with a prescribed permanent identification device to be registered under this Act.
S. 84N inserted by No. 65/2007 s. 29.