South Australian Current Acts

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ANIMAL WELFARE ACT 1985 - SECT 31A

31A—Special powers relating to animals

        (1)         An inspector may examine an animal and its living conditions and, if the inspector suspects on reasonable grounds that the animal is suffering or may if urgent action is not taken suffer unnecessary harm, do 1 or more of the following:

            (a)         provide treatment and care for the animal;

            (b)         cause the living conditions of the animal to be modified;

            (c)         seize and retain the animal for treatment and care.

        (2)         For the purposes of subsection (1), an inspector has all of the powers conferred on an inspector by section 30.

        (3)         The costs and expenses reasonably incurred by a person or the Crown in seizing, treating or caring for an animal, or in causing the living conditions of an animal to be modified, under this section may be recovered as a debt from the owner of the animal.

        (4)         Subject to this section, an inspector may destroy an animal if of the opinion that the condition of the animal is such that the animal is so weak or disabled (whether physically or mentally), or in such pain, that it should be destroyed.

        (5)         An inspector must not exercise a power under subsection (4) unless—

            (a)         the owner of the animal consents; or

            (b)         the owner of the animal has refused or failed to give consent and a magistrate has, on application by an inspector, issued a warrant authorising the destruction of the animal; or

            (c)         the inspector has been unable to determine who owns the animal, or has been unable to contact the owner, after taking reasonable steps to do so; or

            (d)         the inspector is satisfied that the animal is wild.

        (6)         An inspector who destroys an animal under this section does not incur any civil liability for the destruction.



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