Victorian Current Acts Victorian Current Acts(1) The Minister may issue to a specialist inspector an authorisation to seize and dispose of any animal on a premises if the Minister believes on reasonable grounds that—
(a) the animal is in such a condition, or, in such circumstances, that it is likely to become distressed or disabled; and
(b) any action required to remove the likelihood of the animal becoming distressed or disabled is unlikely to occur because of one or more of the circumstances set out in subsection (4); and
(c) it is reasonable to dispose of the animal having regard to all the factors set out in subsection (5).
(2) An animal must not be seized under an authorisation under this section unless the notice under section 24FB has been served in accordance with that section.
(3) An animal may be seized under an authorisation under this section—
(a) immediately after service of the notice under section 24FB; or
(b) during any period after service of the notice under section 24FB that is specified in that notice.
(4) For the purpose of subsection (1)(b), the circumstances are the following—
(a) a significant interruption to the provision of food or water to the animal has occurred or is likely to occur;
(b) there is likely to be a welfare risk to the animal because—
(i) there is a failure of environmental systems relating to the animal; or
(ii) there is a failure or imminent failure to appropriately manage or treat the animal;
(c) the animal cannot be transported to normal slaughter or market because of an extreme climate event, emergency event or market failure;
(d) the animal has been abandoned;
(e) the owner or person in charge of the animal is unable or unwilling to care for the animal or act to resolve a welfare risk to the animal because of a physical, financial or mental incapacity.
(5) For the purposes of subsection (1)(c), the factors are the following—
(a) there are a number of animals at the premises that are likely to become distressed or disabled;
(b) the likely cost of holding and caring for the animal;
(c) the physical state of the animal or the stage of production of the animal;
(d) whether it is reasonable or practicable for the Department Head or any other person or body to retain possession of the animal.
(6) In this section—
"environmental system" means a system that regulates the conditions under which animals are housed or confined, including regulation of temperature, light, ventilation, provision of water or feed, accommodation or barriers and any other environment or climatic factor on which animals are dependent for their survival and welfare;
"market failure" means the inability to access an appropriate market for the sale or processing of livestock or livestock products and includes supply chain interruptions and suspensions to market access;
"stage of production", in relation to an animal, includes whether the animal is lactating, pregnant, at a particular stage of growth or in some other stage of production.
S. 24FB inserted by No. 60/2015 s. 16.