Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24S

Steps to be taken where welfare of animal not at risk

24S. Steps to be taken where welfare of animal not at risk



(1) If an animal has been seized under this Part and-

   (a)  if after taking all reasonable steps under section 24R, either the
        owner or the person in charge of the animal is able to be contacted;
        and

   (b)  neither the owner nor person in charge of the animal is suspected of
        committing an offence against this Act or regulations under this Act;
        and

   (c)  the person who seized the animal reasonably believes that the welfare
        of the animal is not at risk; and

   (d)  application has not been made and is not proposed to be made under
        section 24X-

the inspector who seized the animal must serve a notice of seizure under this
section on the person who is able to be contacted, or cause such a notice to
be served in accordance with subsection (2).





(2) For the purposes of subsection (1) the notice must-

   (a)  be served either personally or by post; and

   (b)  if the animal has been seized under a warrant issued under section
        24G, be served on or before the expiry of the time for which
        possession of the animal may be retained under the warrant.

(3) If an animal has been seized under this Part and-

   (a)  if, after taking all reasonable steps under section 24R, both the
        owner and person in charge of the animal are not able to be contacted
        (whether or not the identity of the owner and person in charge are
        known); and

   (b)  neither the owner nor person in charge of the animal is suspected of
        committing an offence against this Act or regulations under this Act;
        and

   (c)  the person who seized the animal reasonably believes that the welfare
        of the animal is not at risk; and

   (d)  application has not been made and is not proposed to be made under
        section 24X-

the person who seized the animal must serve a notice of seizure in accordance
with subsection (4).

(4) For the purposes of subsection (3), the notice must-

   (a)  if an animal has been seized from premises, be left at the premises
        from which the animal has been seized or sent by post to those
        premises; and





   (b)  (whether the animal has been seized from premises or in a public
        place) be sent by post to any last known address of the owner and of
        the person in charge of the animal; and

   (c)  if the animal has been seized under a warrant under section 24G, be
        sent on or before the expiry of the time for which possession of the
        animal may be retained under the warrant.

(5) For the purposes of this section, a notice of seizure is a notice in
writing that sets out-

   (a)  a description of the animal; and

   (b)  the name of the inspector who seized the animal, the inspector's
        contact details and the reason why the animal has been seized; and

   (c)  if the notice is served under subsections (1) and (2)-

   (i)  that the animal may be recovered within 7 days after service of the
        notice; and

   (ii) that, if the animal is not recovered within 7 days after service of
        the notice, the animal may be disposed of in accordance with this
        Division; and

   (d)  if the notice is left at or sent to premises under subsections (3) and
        (4)-

   (i)  that the animal may be recovered within 14 days after the leaving or
        sending of the notice and the place where the animal may be recovered;
        and

   (ii) that, if the animal is not recovered within 14 days after the leaving
        or sending of the notice, the animal may be disposed of in accordance
        with this Division.