South Australian Current Acts

ANIMAL WELFARE ACT 1985 - SECT 31C

31C—Dealing with seized animals and objects

        (1)         The Minister may sell, destroy or otherwise dispose of an animal or object that has been seized under this Act but is no longer required to be retained if—

            (a)         the whereabouts of the owner of the animal or object cannot, after reasonable inquiries, be ascertained; or

            (b)         the whereabouts of the owner are known but the owner has failed, within 3 clear working days of being given written notice that the animal or object may be collected from a specified place, to collect the animal or object.

        (2)         If, on application by an inspector, a magistrate is satisfied that—

            (a)         an animal has been seized and retained under this Act; and

            (b)         legal proceedings under this Act relating to the animal are pending; and

            (c)         in the circumstances, it is impractical or unreasonable for the animal to continue to be retained until the proceedings have been concluded or otherwise terminated,

the magistrate may make an order authorising that the animal be sold, destroyed or otherwise disposed of as the Minister thinks fit.

        (3)         If an animal is disposed of by sale under subsection (2), the proceeds of the sale are to be held by the Minister until the conclusion or termination of the proceedings when they are to be disbursed in accordance with a further order of the court.

        (4)         In this section—

"working day" means any day except a Saturday, Sunday or public holiday.