Queensland Consolidated Acts

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ANIMAL CARE AND PROTECTION ACT 2001 - SECT 189

189 Recovery of seizure, compliance or destruction costs

(1) This section applies if the State or a prescribed entity has incurred a cost for an inspector employed or engaged by it to do 1 or more of the following acts in relation to an animal--

(a) if the animal has, under chapter 6, part 2, been seized--
(i) taking possession of, or moving, the animal; or
Example for subparagraph (i)--
the costs of mustering, unloading or yarding cattle
(ii) taking action to restrict access to the animal; or
(iii) providing it with accommodation, food, rest, water or other living conditions; or
(iv) arranging for it to receive veterinary or other treatment;
(b) if an animal welfare direction given in relation to the animal has not been complied with--taking action to ensure the direction is complied with;
(c) if the animal has been destroyed under section 162--destroying it.

(2) The State or entity may recover the cost from the animal's owner or former owner if the incurring of the cost was necessary and reasonable--

(a) in the interests of the animal's welfare or to destroy it; or
(b) if the animal has been destroyed under section 162--for the destruction.

(3) However, if a cost mentioned in subsection (1)(a)(iii) or (iv) was for a period during which the animal was kept under section 152(2)(d), it may be recovered only if the animal's retention was reasonably required as evidence.



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