Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 24ZL

Dispute as to person entitled to return of seized thing

24ZL. Dispute as to person entitled to return of seized thing



(1) If a dispute arises as to whom a thing seized by an inspector under this
Part should be returned, any person seeking possession of the thing may apply
to the Magistrates' Court for an order that the thing be given to that person.

(2) The person making the application must give notice of the application to
the inspector and to every other person that the person should reasonably be
aware claims, or may have a claim to, possession or ownership of the thing.

(3) On receiving notice of an application relating to a thing, the inspector
who seized the thing must retain possession of the thing until the application
is determined, abandoned or withdrawn.

(4) After hearing an application, the Magistrates' Court may order the
inspector to give the thing to a particular person if it is satisfied-

   (a)  that at the time of making the order, the person has a better claim to
        the possession of the thing than any other person; and





   (b)  that every other person whom the Court reasonably believes may have
        had a claim for possession or ownership of the thing was given notice
        of the application.

(5) The inspector must comply with the order.

(6) Subsection (4) applies regardless of whether or not the particular person
was the applicant.