• Specific Year
    Any

IMPOUNDING OF LIVESTOCK ACT 1994 - SECT 24F Default notice

IMPOUNDING OF LIVESTOCK ACT 1994 - SECT 24F

Default notice

    (1)     For the purposes of this Part, a default notice is a notice—

        (a)     that states that the owner of a horse is in default under an agistment agreement and gives details of that default, including how the amount of any money owing as a result of the default was calculated; and

        (b)     that informs the owner that the person issuing the notice holds a lien over the horse under this Part, and may retain possession of the horse until the lien is extinguished; and

        (c)     that informs the owner how the owner may recover possession of the horse under this Part, including details of—

              (i)     the amount payable under section 24D(a); and

              (ii)     the rate of any agistment fees payable under section 24D(b) and a description of any other fees that are payable under that section; and

              (iii)     how the owner may obtain details of how much is payable in respect of the amounts referred to in sections 24D(b) and 24D(c) if the owner has not recovered the right to possession of the horse within 28 days after the service of the notice; and

        (d)     that informs the owner that the person may sell, exchange, dispose of, or destroy the horse after 28 days after the day that the notice is served if the owner has not recovered possession of the horse within that 28 day period under section 24D; and

        (e)     that specifies when the notice is taken to be served under subsection (4); and

        (f)     that specifies the date of issue of the notice.

    (2)     A default notice must be served on the owner of the horse either in person or by registered post addressed to the owner at the owner's last known address.

    (3)     If the owner's address is not known, it is sufficient compliance with subsection (2) for the lien holder to cause to be published in the public notices section of a daily newspaper circulating generally in Victoria a notice in the following form—

"Attention: [ name of owner ]. Agistment fees are owed for the horse left at [ general location of the property at which the horse is being agisted ] by you. Part 3A of the Impounding of Livestock Act 1994 now applies. For details contact: [ contact details of person issuing the default notice ].".

    (4)     A notice under this section is to be taken to be served—

        (a)     if served in person, on it being given to the owner; or

        (b)     if served by registered post, on the day after the day that the notice is posted; or

        (c)     if subsection (3) applies, on the day the newspaper containing the notice is published.

S. 24G inserted by No. 69/2004 s. 45.