Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If proceedings are instituted for an offence against section 110 (1), an authorised person may seize an animal an authorised person reasonably believes to be contributing to the animal nuisance, after considering the following:
(a) the extent of the animal nuisance;
(b) the likelihood of the keeper of the animal reducing or stopping the nuisance or complying with steps mentioned in a nuisance notice to prevent its recurrence;
(c) the cost of, or practicability of making arrangements for, alternative accommodation for the animal.
(2) For subsection (1), the authorised person may only enter premises under section 114A.
(3) If an animal is seized under subsection (1), the registrar must impound the animal until, in accordance with this part, it is returned to its keeper, or sold, destroyed or otherwise disposed of.
(4) If an animal is seized under subsection (1) and the registrar is satisfied that the animal nuisance is not likely to happen again if the animal is returned to the keeper, the registrar must return the animal to the keeper.
(5) If an animal is seized under subsection (1) and the proceeding under section 110 (1) (Offence of animal nuisance) for the animal nuisance is discontinued or withdrawn, the registrar must return the animal to the keeper.
(6) Any costs or expenses incurred by the Territory in seizing or impounding an animal seized under subsection (1) are a debt payable to the Territory by the keeper of the animal.