Victorian Consolidated Legislation

IMPOUNDING OF LIVESTOCK ACT 1994

No. 89 of 1994
Version incorporating amendments as at 20 August 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Act to bind Crown

   PART 2-IMPOUNDING OF LIVESTOCK

           Division 1-Powers and duties relating to impounding and release of livestock

   5.      Power to impound livestock found trespassing
   5A.     Power to enter land or building and impound abandoned livestock
   6.      General duty of persons who impound livestock
   7.      Entitlement to reimbursement of charges
   8.      Duties of authorised officer of council
   8A.     Notice of seizure
   9.      Duties of owners and occupiers of land
   10.     Owners and occupiers of land to deliver livestock to pound
   11.     Procedure where owner claims livestock from owner or occupier of land
   12.     Duties of authorised officer who impounds livestock on Crown land
   13.     Duties of officer of the Roads Corporation
   13A.    Duties of person authorised by relevant corporation
   14.     Records to be kept by councils
   15.     Duties of councils to notify owners
   16.     Release of livestock from pound

           Division 2-Powers to serve notices relating to trespassing
           livestock

   16A.    Power to serve notice objecting to the trespassing of livestock
   16B.    Power to serve notice on owner regarding confinement of livestock

   PART 3-DISPOSAL OR DESTRUCTION OF LIVESTOCK

   17.     Livestock found trespassing to be held for 7 days
   17A.    Livestock found abandoned to be held for 14 days
   18.     Sale of unclaimed livestock
   19.     Public notice of sale
   20.     Application of proceeds of sale
   21.     Disposal of livestock
   22.     Power of authorised officer of council to destroy impounded livestock in certain circumstances
   23.     Prevention of Cruelty to Animals Act 1986 not affected
   24.     Livestock Disease Control Act 1994 not affected

   PART 3A-LIEN OVER, AND RETENTION AND SALE OF, AGISTED HORSES

   24A.    Application of Part
   24B.    Person owed money may create lien over horse
   24C.    Extinguishment of lien
   24D.    Right of owner to return of horse
   24E.    Lien holder may dispose of horse if default not rectified
   24F.    Default notice
   24G.    When lien is created
   24H.    Sale of unclaimed horse by lien holder
   24I.    Passing of property on sale of horse
   24J.    Offence to remove or retain custody of horse subject to lien

   PART 4-OFFENCES RELATING TO LIVESTOCK

   25.     Offences relating to livestock
   25A.    Offence if livestock trespass after service of notice under section 16A.
   25B.    Offence if non-compliance with notice served under
           section 16B.

   PART 5-COURT PROCEEDINGS CONCERNING IMPOUNDED LIVESTOCK

   26.     Proceedings in the Magistrates' Court
   27.     Notice of intention to bring proceedings
   28.     Holding of impounded livestock
   29.     Orders court may make

   PART 5A-GENERAL AND ENFORCEMENT

           Division 1-General

   30.     Recovery of outstanding charges owing to council
   31.     Recovery of outstanding charges owing to persons other than a council
   32.     Compensation under the Conservation, Forests and Lands Act 1987.
   33.     Application of money recovered under this Act
   33A.    Power to file charges under this Act

           Division 2-Infringement notices

   33B.    Power to serve infringement notices
   33C.    Infringement offence
   33D.    Infringement penalty

   PART 6-REGULATIONS

   34.     Regulations

   PART 7-Repealed

           35-43. Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details