Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 89

    (1)     An authorised person or approved provider who has the care of a cat seized under this division must release the cat to a person claiming its release if, but only if, the authorised person or approved provider is satisfied—

        (a)     the person claiming its release is the keeper of the cat; and

        (b)     if the cat is required to be identified by a regulation made for section 83—the cat is identified as required by the regulation; and

        (c)     if the cat was seized because of an offence against this Act—subsection (2) applies to the offence; and

        (d)     the keeper of the cat has not relinquished ownership under section 91; and

        (e)     any fee payable under section 144 for the release of the cat has been paid.

    (2)     This subsection applies to an offence if—

        (a)     28 days have passed since the day the offence was committed and—

              (i)     a prosecution has not been started for the offence; and

              (ii)     an infringement notice has not been served for the offence; or

        (b)     an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or

        (c)     a prosecution for the offence was started within 28 days after the day the offence was committed and—

              (i)     the prosecution has been discontinued; or

              (ii)     the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the cat.