South Australian Consolidated Acts

IMPOUNDING ACT 1920 - SECT 46

46—Liability of owner of straying cattle

        (1)         If any cattle are found straying, or at large, or tethered, or depastured, in any street or public place, the owner thereof shall be liable to a penalty not exceeding two hundred dollars.

        (2)         In any proceedings for an offence against this section the allegation in the complaint that any person is the owner of the cattle in respect of which the complaint is made shall be deemed proved in the absence of proof to the contrary.

        (2a)         In any proceedings for an offence against this section it shall be a defence that the owner has attempted with all reasonable diligence so to confine his cattle as to prevent their intrusion upon any street or public place in a manner contrary to subsection (1) of this section and—

            (a)         he did not know and might not reasonably have been expected to know of such intrusion; or

            (b)         having discovered such intrusion as soon as might reasonably have been expected of a person exercising proper diligence, he immediately made all proper endeavours to bring his cattle back within confinement and so to confine them as to prevent further such intrusion.

        (2b)         For the purposes of subsection (2a) of this section anything which a servant or agent of the owner of cattle knows or discovers, or might reasonably be expected to know or discover, shall be deemed to be something which the owner knows or discovers or might reasonably be expected to know or discover.

        (3)         If whilst in any street or public place, any cattle in charge of any person do not travel at the rate of at least eight kilometres a day in a direct line, the cattle shall, for the purposes of this section, be deemed to be at large: Provided that if any cattle are being driven to any market, this subsection shall not apply in respect of such cattle on the day when the cattle are driven to the market or to the preceding day.

        (4)         If, in any proceedings for an offence against this section, the court is satisfied upon evidence that any cattle, although in charge of any person, were in any street or public place for depasturing purposes only, the cattle shall, for the purposes of this section, be deemed to be at large.