Victorian Current Acts

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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 24ZAA

Forfeiture and disposal of animals seized under section 24AA

    (1)     Despite anything to the contrary in this Division, if a cock or dog is seized under section 24AA because of a suspected contravention of section 13(1A), the Department Head may, in accordance with this section, declare that the
cock or dog—

        (a)     is forfeited to the Crown; and

        (b)     is to be disposed of—

              (i)     in the manner determined by the Department Head; or

              (ii)     in accordance with this Division.

    (2)     Before making a declaration under subsection (1), the Department Head must have regard to a report prepared by a POCTA inspector.

    (3)     A POCTA inspector who prepares a report for the purposes of subsection (2), must consider the following—

        (a)     the nature of the cock or dog;

        (b)     the condition of the cock or dog;

        (c)     whether the cock or dog is of a breed or type usually bred or used for fighting;

        (d)     whether the owner or person in charge of the cock or dog has been identified or is likely to be identified;

        (e)     any other relevant factor.

    (4)     If the owner or person in charge of a cock or dog seized under section 24AA has been identified and the cock or dog has been forfeited to the Crown under this section, the Department Head must, as soon as is reasonable, cause written notice of the forfeiture to be served on the owner or person in charge.

    (5)     A notice under subsection (4) must be served either personally or by post.

S. 24ZA inserted by No. 65/2007 s. 95.



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