New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 24Q

24Q Seizure and disposal of stock animals

(1) The Secretary may, by order in writing, authorise an inspector to seize and dispose of an animal (by way of sale or otherwise) if, after considering the Panel's report on compliance with an official warning, the Secretary is satisfied--

(a) that the action required to be taken by the official warning in relation to the animal's welfare has not been taken, and

(b) that the animal remains in distress or likely to become distressed.

(2) An inspector authorised to seize and dispose of an animal under this section may--

(a) enter any land on which the animal is kept, and

(b) seize and dispose of the animal in accordance with the authorisation.

(3) The inspector must--

(a) produce to the owner or person in charge of the animal a copy of the order authorising the seizure and disposal, if requested to do so, and

(b) provide the owner or person in charge of the animal with a receipt acknowledging seizure of the animal, if the owner or person is present and it is reasonably practical to do so.

(4) Compensation is not recoverable against any person in respect of the seizure or disposal of an animal in accordance with this section.

(5) An animal may not be sold or otherwise disposed of under this section if--

(a) any proceedings in respect of the animal for an offence against this Act or the regulations have been commenced but have not been finally determined, or

(b) an order has been made by a court under section 30 or 31 in respect of the destruction or other disposal of the animal.

(6) A single order may be made under this section in respect of more than one animal.

(7) Section 31A does not apply to a sale of an animal under this section.