New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 24CB

24CB Officers' powers relating to animals kept by convicted persons

(1) An officer may seize an animal kept--

(a) in contravention of an order made under section 30B or 31(1), or

(b) in contravention of an interstate prohibition order, within the meaning of section 31AA, or

(c) by a person convicted of an offence against the Crimes Act 1900 , section 79, 80, 530 or 531, or

(d) by a person convicted of a serious interstate animal offence.

(2) An officer may also seize an animal if the officer suspects, on reasonable grounds, that the animal is being bred, or is the offspring of an animal being bred--

(a) by a person convicted of an animal cruelty offence, or

(b) in the operation of a business relating to breeding animals that is managed or controlled by a person convicted of an animal cruelty offence.

(3) Subsection (2) does not permit an officer to seize a stock animal or a working dog being bred for commercial purposes or the offspring of a stock animal or a working dog being bred for commercial purposes.

(4) Subsection (2)(a) and (b) apply only in relation to a person convicted of an animal cruelty offence on or after the commencement of this section.

(5) An officer may do one or more of the following--

(a) keep an animal seized under subsection (1) or (2),

(b) provide the animal with necessary food, drink, shelter and veterinary treatment,

(c) dispose of the animal after 5 business days after seizing the animal.

(6) Despite subsection (5), the officer may dispose of the animal within 5 business days after seizing the animal but only if--

(a) the animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep the animal alive, and

(b) the officer disposes of the animal by providing euthanasia, or arranging for euthanasia to be provided, to the animal in a way that causes the animal to die quickly and without unnecessary pain.

(7) If the officer disposes of the animal by selling the animal--

(a) the purchaser acquires a good title to the animal, and

(b) former interests in the animal are extinguished.

(8) Compensation is not recoverable against a person or charitable organisation in relation to the exercise of a power in accordance with this section.

(9) If a person specified in the table to this subsection, Column 1 incurs reasonable expenses in exercising a power in accordance with this section, or in complying with related duties imposed by this Act or the regulations, a person or body specified opposite in Column 2 may recover the expenses as a debt in a court of competent jurisdiction from--

(a) for an animal seized under subsection (1)(a) or (b)--the person subject to the order, or

(b) for an animal seized under subsection (1)(c) or (d) or (2)--the person convicted of the offence.

	Column 1	Column 2
	An officer other than an employee of an approved charitable organisation	(a) The officer(b) The Crown
	An officer who is an employee of an approved charitable organisation	(a) The officer(b) The officer's approved charitable organisation

(10) In this section--

"business day" means a day that is not a Saturday, Sunday or public holiday.