Victorian Current Acts

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IMPOUNDING OF LIVESTOCK ACT 1994 - SECT 22

Power of authorised officer of council to destroy impounded livestock in certain circumstances

S. 22(1) amended by No. 65/2007 s. 67(1).

    (1)     Despite sections 8, 8A, 17 and 17A, an authorised officer of a council may destroy impounded livestock

        (a)     on the written order of an inspector of stock; and

        (b)     after 48 hours from the time of posting a written notice of the impounding of the livestock by the council at the pound where they are held.

    (2)     Before issuing a written order under subsection (1) an inspector of stock must have formed the opinion that—

        (a)     the livestock are in poor physical condition; and

S. 22(2)(b) substituted by No. 65/2007 s. 67(2).

        (b)     having considered the duties imposed on the council, the livestock are worth less than the cost of keeping the livestock at the pound

              (i)     for at least 7 days (in a case to which section 17 applies); and

              (ii)     for at least 14 days (in a case to which section 17A applies).

S. 22(3) amended by No. 65/2007 s. 67(3).

    (3)     Subsection (1) does not apply to livestock impounded under section 5 if, at the time the livestock were impounded

        (a)     a boundary or dividing fence existing between the land of the livestock owner and the place where the livestock are found was not livestock-proof because of fire, flood or other natural disaster; and

        (b)     the owner of the livestock has not had a reasonable opportunity to restore or repair the fence or boundary effectively.



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