Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24X

Court orders as to costs and disposal of animals

24X. Court orders as to costs and disposal of animals



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

   (a)  the owner or person in charge of the animal has been charged with an
        offence against this Act or regulations under this Act in relation to
        the animal; or

   (b)  proceedings for an offence against this Act or regulations under this
        Act have commenced, in relation to the animal, against the owner or
        person in charge of the animal; or

   (c)  the owner or person in charge of the animal has been found guilty of
        an offence against this Act or regulations under this Act in relation
        to the animal within the preceding 10 years; or

   (d)  the person who seized the animal reasonably believes that the welfare
        of the animal is at risk-

the person who seized the animal may apply to the Magistrates' Court, or cause
an application to be made to the Magistrates' Court for an order under this
section.

(2) On application under subsection (1), the Magistrates' Court may make an
order as to one or more of the following-

   (a)  if the animal is not being returned to the owner or person in charge
        of the animal because there are proceedings against the owner or
        person in charge of the animal for an offence against this Act or
        regulations under this Act in relation to the animal, that-

   (i)  the owner or person in charge of the animal pay-

                (A)  a bond or security to the applicant to provide for the
                     care and maintenance of the animal; or

                (B)  any identified costs for the care and maintenance of the
                     animal- for the whole or any part of the period of time
                     during which the proceedings are being prosecuted; and

   (ii) any money left over from any payment made under paragraph (a)(i) at
        the end of the proceedings be repaid to the person who paid the bond
        or security;

   (b)  in any case where the Court has ordered a payment under paragraph (a),
        that the animal be disposed of in accordance with this Division if the
        payment is not made in accordance with the order;

   (c)  that the animal be disposed of in accordance with this Division if the
        owner or person in charge of the animal is or has been found guilty of
        an offence against this Act or regulations under this Act within the
        preceding 10 years;

   (d)  that the animal be disposed of in accordance with this Division if the
        Court reasonably believes that the welfare of the animal is at risk;

   (e)  that the animal be disposed of in accordance with this Division if the
        Court reasonably believes that the owner or person in charge of the
        animal is holding the animal in contravention of an order under
        section 12(1) or an interstate order within the meaning of section
        12A, that is registered under that section.

(3) If the Court is not satisfied that an order should be made under
subsection (2), the Court may order that the animal be returned to the owner
or person in charge of the animal.





(4) If the Court orders that the animal be returned to the owner or person in
charge of the animal under subsection (3)-

   (a)  the owner or person in charge of the animal may recover the animal
        within 7 days after the making of the order; and

   (b)  if the animal is not recovered within 7 days after the making of the
        order, the animal may be disposed of in accordance with this Division.