Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 142

142 General power to seize evidence

(1) An inspector who has, under this part, entered a place may seize an animal or other thing at the place if the inspector—

(a) reasonably suspects it is evidence of—

(i) an animal welfare offence; or

(ii) another offence against this Act; or

(b) reasonably believes the seizure is necessary to prevent it being—

(i) destroyed, hidden or lost; or

(ii) used to commit, continue or repeat, an offence.

(2) Also, an inspector may seize an animal or other thing at the place—

(a) if the inspector reasonably believes it has just been used in committing, or is the subject of, an animal welfare offence; or

(b) with the written consent of a person as follows or a person the inspector reasonably believes is a person as follows—

(i) for an animal—a person in charge of the animal;

(ii) for another thing—the owner or person in possession of the thing.

(3) A consent under subsection (2) (b) given by an owner may also include the owner’s agreement to transfer ownership of the animal or other thing to the State or a prescribed entity.

(4) Despite subsections (1) and (2) , if an entry to a place was made after obtaining the necessary consent of a person, the inspector may seize a thing at the place only if the seizure is consistent with the purpose of entry as told to the person when asking for the consent.

Note—

For necessary consent and purpose of entry for places other than vehicles, see sections 122 and 124 , and for vehicles, see sections 130 and 131 .

(5) This section does not limit a power to seize under section 144 or 145 .