DOMESTIC ANIMALS ACT 1994 - SECT 84Q Prosecution of identified persons suspected of committing offences
DOMESTIC ANIMALS ACT 1994 - SECT 84Q
Prosecution of identified persons suspected of committing offencesS. 84Q(1) amended by Nos 35/2009 s. 24(2), 69/2017 s. 76(1).
(1) If a Council authorised officer reasonably suspects that a person has committed an offence set out in subsection (2) with respect to a dog or cat seized under this Part other than section 82A or 82B and the Council has sufficient information about the person to enable it to commence prosecution for the offence and it proposes to prosecute the person for that offence, the Council—
(a) subject to subsection (3), must commence prosecution as soon as possible after the seizure; and
(b) in the case of a dog or cat seized under section 84B, may retain custody of the animal until the outcome of the prosecution is known; and
(c) in any other case, must retain custody of the dog until the outcome of the prosecution is known.
(2) For the purposes of subsection (1) the offences are as follows—
(a) an offence under Division 3 of Part 3;
(b) an offence under Division 3B of Part 3;
S. 84Q(2)(ba) inserted by No. 75/2011 s. 13.
(ba) an offence under section 45;
S. 84Q(2)(bb) inserted by No. 75/2011 s. 13, amended by No. 17/2016 s. 17(Sch. 1 item 17).
(bb) an offence under section 63A or 63AE;
(c) an offence under section 28, 28A or 29;
(d) an offence under section 23(4), 24(1), 24(2) or 25(1) that has resulted in a breach of an order under section 84W.
S. 84Q(2A) inserted by No. 69/2017 s. 76(2), amended by Nos 69/2017 ss 76(3), 111, 3/2022 s. 34.
(2A) If a Council, person or body has custody of a dog or cat that has been seized under section 82B and the Council, person or body proposes to prosecute the owner of the dog or cat for an offence under section 44B(1), 45A, 58AF, 63A, 63AAB, 63AAC, 63AAD, 63AAE or 63AE in relation to the dog or cat, the Council, person or body—
(a) must commence prosecution as soon as possible after the seizure and after sufficient information is available to enable the commencement of prosecution; and
(b) must retain custody of the dog or cat and any offspring of the dog or cat until the outcome of the prosecution is known.
S. 84Q(2B) inserted by No. 69/2017 s. 76(2).
(2B) If the outcome of the prosecution referred to in subsection (2A) is that the owner of the dog or cat is found guilty of the offence, the dog or cat and any offspring of the dog or cat are forfeited to the Council or to the person or body who has custody of the dog or cat and offspring (if any).
(3) If a dog whose owner is to be prosecuted by the Council under this section for an offence referred to in subsection (2)(b) has been seized under this Part by an authorised officer in the reasonable belief that the dog was a restricted breed dog, the Council must not commence the prosecution for that offence unless—
(a) the owner has been served with a declaration made under section 98A; and
S. 84Q(3)(b) amended by Nos 44/2010 s. 22, 44/2017 s. 21.
(b) the declaration has been affirmed by a review by the Victorian Civil and Administrative Tribunal or an application for review of the declaration has not been made within the time fixed under section 98(2A).
S. 84R inserted by No. 65/2007 s. 29, amended by Nos 75/2011 s. 14, 69/2017 s. 77.