Victorian Current Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 24X

    (1)     If an animal has been seized under this Part and—

        (a)     the owner or person in charge of the animal has been charged with an offence against this Act or regulations under this Act in relation to the animal; or

        (b)     proceedings for an offence against this
Act or regulations under this Act have commenced, in relation to the animal, against the owner or person in charge of
the animal; or

S. 24X(1)(c) amended by No. 60/2012 s. 40.

        (c)     the owner or person in charge of the animal has been found guilty of an offence against this Act or regulations under this Act in relation to any animal within the preceding 10 years; or

S. 24X(1)(d) amended by No. 60/2015 s. 22(a).

        (d)     the person who seized the animal reasonably believes that the welfare of the animal would be at risk if the animal were returned to the owner or person in charge of the animal—

the person who seized the animal may apply to the Magistrates' Court, or cause an application to be made to the Magistrates' Court for an order under this section.

    (2)     On application under subsection (1), the Magistrates' Court may make an order as to one or more of the following—

        (a)     if the animal is not being returned to the owner or person in charge of the animal because there are proceedings against the owner or person in charge of the animal for an offence against this Act or regulations under this Act in relation to the animal, that—

              (i)     the owner or person in charge of the animal pay—

    (A)     a bond or security to the applicant to provide for the care and maintenance of the animal; or

    (B)     any identified costs for the care and maintenance of the animal—

for the whole or any part of the period of time during which the proceedings are being prosecuted; and

              (ii)     any money left over from any payment made under paragraph (a)(i) at the end of the proceedings be repaid to the person who paid the bond or security;

        (b)     in any case where the Court has ordered a payment under paragraph (a), that the animal be disposed of in accordance with this Division if the payment is not made in accordance with the order;

        (c)     that the animal be disposed of in accordance with this Division if the owner or person in charge of the animal is or has been found guilty of an offence against this Act or regulations under this Act within the preceding 10 years;

S. 24X(2)(d) amended by No. 60/2015 s. 22(b).

        (d)     that the animal be disposed of in accordance with this Division if the Court reasonably believes that the welfare of the animal would be at risk if the animal were returned to the owner or person in charge of the animal;

        (e)     that the animal be disposed of in accordance with this Division if the Court reasonably believes that the owner or person in charge of the animal is holding the animal in contravention of an order under section 12(1) or an interstate order within the meaning of section 12A, that is registered under that section.

    (3)     If the Court is not satisfied that an order should be made under subsection (2), the Court may order that the animal be returned to the owner or person in charge of the animal.

    (4)     If the Court orders that the animal be returned to the owner or person in charge of the animal under subsection (3)—

        (a)     the owner or person in charge of the animal may recover the animal within 7 days after the making of the order; and

        (b)     if the animal is not recovered within 7 days after the making of the order, the animal may be disposed of in accordance with this Division.

S. 24Y inserted by No. 65/2007 s. 95.