Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 154

154 Power to forfeit

(1) This section applies if an animal or other thing has been seized under this Act or the Police Powers and Responsibilities Act 2000 , section 146 (2) (d) .

(2) The chief executive may decide to forfeit the animal or thing to the State if an inspector or police officer—

(a) after making reasonable efforts, can not return it to its owner; or

(b) after making reasonable inquiries, can not find its owner or, for an animal, any other person in charge of it; or

(c) reasonably believes it is necessary to keep the animal or other thing to prevent it from being used in committing, or becoming the subject of, an animal welfare offence.

(3) For subsection (2) —

(a) the period over which the efforts or inquiries are made must be at least 4 days; and

(b) the inspector or police officer is not required to—

(i) make efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or

Example for subparagraph (i)—

The owner of the thing has migrated to another country.

(ii) make inquiries if it would be unreasonable to make inquiries to find the owner.

(4) Regard must be had to an animal or other thing’s condition, nature and value in deciding—

(a) whether it is reasonable to make inquiries or efforts; and

(b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

(5) The chief executive must decide whether to forfeit an animal or thing under this section within 14 days after an inspector or police officer gives the chief executive sufficient information about a matter mentioned in subsection (2) (a) , (b) or (c) to enable the chief executive to make the decision.