Victorian Current Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 23

    (1)     If a POCTA inspector suspects on reasonable grounds that on any premises (that is not a person's dwelling) baiting, trap-shooting or the use of animals as lures is occurring, the inspector may, with any assistance that is necessary—

        (a)     enter the premises;

        (b)     inspect and examine any animals, plant, equipment or facility that the inspector reasonably believes is being used for baiting, trap-shooting or luring.

    (2)     If a POCTA inspector suspects on reasonable grounds that there is on any premises (that is
not a person's dwelling)—

        (a)     any animals that are ruminants that have been confined without food or water for more than 36 hours; or

        (b)     any animals, being mammals (other than ruminants) or birds that have been confined without food or water for more than 24 hours—

the inspector may, with any assistance that is necessary, enter the premises and may feed and water the animals.

    (3)     If a POCTA inspector suspects on reasonable grounds that there is on any premises (that is not a person's dwelling) an animal that is in an entanglement, tether or bog or that is showing signs of pain or suffering as a result of any injury or disease, the inspector may, with any assistance that is necessary enter the premises and—

        (a)     free any animal on the premises that is in an entanglement, tether or bog, from the entanglement, tether or bog, without removing it from its housing or the premises on which it is located; or

        (b)     if any animal on the premises is showing signs of pain or suffering as a result of injury or disease, inspect the animal in order to determine whether the animal requires treatment by a veterinary practitioner.

    (4)     If a POCTA inspector suspects on reasonable grounds that there is on any premises (that is not a person's dwelling) an animal that is behaving in such a manner and there are such circumstances that it is likely that the animal will cause death or serious injury to any person or another animal, the inspector may, with any assistance that is necessary enter the premises and—

        (a)     contain any animal in or on the premises; or

        (b)     destroy any animal in or on the premises—

that is behaving in such a manner and there are such circumstances that it is likely that the animal will cause death or serious injury to any person or other animal.

S. 24 (Heading) amended by No. 60/2015 s. 12.

S. 24 substituted by No. 65/2007 s. 95.