Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24

Emergency power to enter and seize or destroy abandoned animals

24. Emergency power to enter and seize or destroy abandoned animals



(1) If a POCTA inspector suspects on reasonable grounds that there is on any
premises (that is not a person's dwelling) an animal that is abandoned,
distressed or disabled the inspector may, with any assistance that is
necessary-

   (a)  enter the premises;

   (b)  if the inspector finds any animal on the premises that the inspector
        reasonably believes is abandoned, distressed or disabled-

   (i)  destroy the animal, if the inspector reasonably believes that the
        animal's condition is such that it would continue to suffer if it
        remained alive; or

   (ii) immediately seize the animal, if the inspector reasonably believes
        that the animal's welfare is at risk; or

   (iii) leave notice at the premises that the inspector intends to seize the
        animal at the end of two days after the giving of the notice, if the
        inspector is not contacted by the owner or person in charge of the
        animal within that period.

(2) If an inspector has left a notice at premises under subsection
(1)(b)(iii), and if, on the expiry of the two day period specified in the
notice, the inspector has not been contacted by the owner or person in charge
of the animal the inspector may, with any assistance that is necessary-

   (a)  enter the premises;

   (b)  search for and seize the animal.