Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 28

Recovery of possession of stolen cattle

28. Recovery of possession of stolen cattle



(1) A person claiming to be entitled to the possession of cattle which-

   (a)  have been reported to the police as having been stolen not more than
        12 months before the application; and

   (b)  are in the possession or under the control of another person-

may apply to the Magistrates' Court for an order for delivery of the cattle.

(2) An application-

   (a)  may be made without notice to any other person; and

   (b)  must be supported by evidence on oath or by affidavit.

(3) If satisfied that the applicant may be entitled to possession of the
cattle, the Court constituted by a registrar may make an order directing the
person who has possession or control of the cattle-

   (a)  to deliver them to the applicant; and

   (b)  to refrain from disposing of them except in accordance with paragraph
        (a) pending any further hearing of the application.

(4) An order under subsection (3) must be served on the person to whom it is
directed within 7 days after the making of the order.

(5) Subject to this section, an order under subsection (3)(a) takes effect 7
days after service and an order under subsection (3)(b) takes effect on
service.

(6) If within 7 days after service of an order under subsection (3) the person
to whom the order is directed lodges an objection with the Court-

   (a)  the order under subsection (3)(a) lapses and is of no effect; and

   (b)  the application under subsection (1) must be referred to the Court
        constituted by a magistrate.

(7) The Court may extend or abridge the time fixed by subsections (4), (5) and
(6) or by an order fixing, extending or abridging time.

(8) The Court may extend time under subsection (7) before or after the time
expires whether or not an application for the extension is made before the
time expires.

(9) If it seems to the Court hearing a referral under subsection (6) that all
or any of the cattle were stolen not more than 12 months before the
application under subsection (1), the Court may-

   (a)  determine who owns the stolen cattle; and

   (b)  order possession of the stolen cattle to be given to the owner; and

   (c)  if necessary, issue a warrant in the form prescribed by rules of the
        Court directed to a member of the police force authorising the member
        forthwith to seize the stolen cattle and to deliver them to the owner;
        and

   (d)  subject to subsection (12), make any order as to costs that the Court
        thinks fit.

(10) If the Court is not so satisfied, it must dismiss the application.

(11) The Court may make any order that it thinks fit with respect to the
delivery, preservation or care of the cattle pending the determination of an
application under this section.

(12) The person from whom the cattle are seized in accordance with a warrant
issued under subsection (9)(c) must pay all lawful costs of executing the
warrant.

(13) An application under this section is civil in nature.

(14) The Magistrates' Court has jurisdiction to determine an application under
this section irrespective of the value of the cattle.