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IMPOUNDING OF LIVESTOCK ACT 1994 - SECT 24J Offence to remove or retain custody of horse subject to lien

IMPOUNDING OF LIVESTOCK ACT 1994 - SECT 24J

Offence to remove or retain custody of horse subject to lien

    (1)     A person must not—

        (a)     remove a horse from a person who holds a lien over that horse; or

        (b)     retain custody or possession of a horse over which a lien is held—

without the consent of the lien holder.

Penalty:     10 penalty units.

    (2)     It is a defence to a charge under subsection (1)—

        (a)     if the default notice creating the lien was served on the owner of the horse by post and the horse was removed or retained before the owner received the notice;

        (b)     if the lien was created by publishing the required notice in a newspaper and the horse was removed or retained before the owner became aware, or reasonably should have become aware, that the lien existed.

    (3)     Despite subsection (1), the owner of a horse that has been left in the possession of another person without the owner's consent may recover that animal.

    (4)     Subject to subsection (3), a lien continues to exist even though the lien holder allows the horse to be taken temporarily out of his or her custody or possession.

Pt 4 (Heading) amended by No. 65/2007 s. 68.

Part 4—Offences relating to livestock