Victorian Current Acts

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DOMESTIC ANIMALS ACT 1994 - SECT 82A

Seizure of dog or cat from unregistered breeding domestic animal businesses

S. 82A(1) substituted by No. 69/2017 s. 65(1).

    (1)     In this section—

"authorised officer" means a Departmental authorised officer, a Council authorised officer, a Council contracted authorised officer or a restricted authorised officer.

    (2)     Subject to subsection (3), an authorised officer may enter any premises on which a breeding domestic animal business is being conducted and seize a dog or cat if—

        (a)     the premises are not registered under section 47 and a notice to comply has been issued requiring that an application for registration of the premises be made and the authorised officer reasonably believes that the notice has not been complied with within the time specified in the notice; or

S. 82A(2)(b) amended by Nos 71/2014 s. 16(1), 69/2017 s. 65(2)(a).

        (b)     the registration of the premises has been refused or revoked under Division 3 of Part 4; or

S. 82A(2)(ba) inserted by No. 71/2014 s. 16(2), amended by No. 69/2017 s. 65(2)(b).

        (ba)     the renewal of registration of the premises was refused under Division 3 of Part 4; or

        (c)     the authorised officer reasonably believes that a person who conducts the breeding domestic animal business at the premises is in breach of an order under section 84WA.

S. 82A(3) amended by No. 69/2017 s. 65(3).

    (3)     A Council authorised officer must not enter premises under subsection (2) unless the premises are located within the municipal boundaries of the Council that appointed the authorised officer.

    (4)     Any dog or cat seized under this section is forfeited—

S. 82A(4)(a) amended by No. 69/2017 s. 65(4)(a).

        (a)     in the case of a dog or cat seized by a Council contracted authorised officer or a restricted authorised officer, to the person or body on whose behalf the officer is seizing the dog or cat;

S. 82A(4)(b) amended by No. 69/2017 s. 65(4)(b).

        (b)     in the case of a dog or cat seized by a Council authorised officer, to the Council that appointed the officer.

S. 82B inserted by No. 69/2017 s. 66(1).



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