New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 24J

24J Powers of inspectors in relation to care of animals

(1) If, after examining an animal in accordance with this Division, an inspector suspects, on reasonable grounds, that the animal is in distress (as referred to in section 24H (5)) or any of the circumstances referred to in section 24I exist in relation to the animal, the inspector may do any or all of the following--

(a) take possession of the animal (or, if the animal is dead, the animal's carcass),

(b) if appropriate, remove the animal (or carcass) to such place as the inspector thinks fit,

(c) retain possession of the animal (or carcass),

(d) provide the animal with necessary food, drink or veterinary treatment,

(e) destroy the animal in a manner that causes it to die quickly and without unnecessary pain.

(2) An animal (or carcass) to which section 24I (a) applies may be retained by an inspector for a period not exceeding 60 days or where, within that 60-day period proceedings are commenced in respect of the offence concerned, until the proceedings are finally determined (unless the court otherwise directs).

(3) Despite subsection (2), an animal retained under this section that is in distress or to which section 24I (b), (c) or (d) applies may be retained for such period of time as is sufficient for the animal to be provided with necessary food, drink or veterinary treatment, or to be destroyed in a manner that causes it to die quickly and without unnecessary pain, as the case requires.

(4) The reasonable expenses incurred by--

(a) an inspector who is a police officer or another person on behalf of the NSW Police Force, or

(b) an inspector who is an officer of a charitable organisation or another person on behalf of the organisation, or

(c) an inspector who is a Public Service employee (within the meaning of the Government Sector Employment Act 2013 ) or another person on behalf of the Crown,

in the exercise of the powers conferred by this section in respect of an animal, or in complying with the related duties imposed by this Act or the regulations, may be recovered from the owner of the animal as a debt in a court of competent jurisdiction by the inspector or any other person acting on behalf of the NSW Police Force, a charitable organisation or the Crown.