Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 4 Seizing cats and dealing with them
(1) For this part, an "approved provider" is—
(a) the Royal Society for the Prevention of Cruelty to Animals; or
(b) an entity approved under subsection (2).
(2) The registrar may approve an entity to provide temporary care for cats seized under this part.
(3) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
86 Seizure of cats
(1) An authorised officer may seize a cat if—
(a) the cat is in an area for which a declaration under section 81 is in force; and
(b) the cat is not confined to the premises of a keeper or carer during a time that the declaration is in force.
(2) An authorised officer may also seize a cat if the officer reasonably believes that—
(a) the cat is required to be identified by a regulation made for section 83; and
(b) the cat is not identified as required by the regulation.
(3) In this section:
"premises"—see section 82.
87 Temporary care of seized cats
(1) An authorised officer must—
(a) arrange for a cat seized under this part to be temporarily cared for by an approved provider; and
(b) make reasonable inquiries to find out who is the keeper of the cat; and
(c) if the authorised officer can find out who is the keeper of the cat—give oral or written notice to the keeper, in accordance with section 88, about the cat's seizure.
(2) The authorised officer may give the notice by telephone.
Note A fee may be determined under s 144 for this provision.
88 Information to be given in notice of cat's seizure
If a cat is seized under this part, the notice of seizure under section 87 (1) (c) must give information about the following:
(a) when and where the cat was seized;
(b) the reason the cat was seized;
(c) where the cat may be claimed;
(d) if the cat is not identified by a microchip—the implanting of a microchip in the cat for its identification, including the cost of implanting a microchip;
(e) that the cat may be sold or destroyed if it is not claimed;
(f) the period in which the cat may be claimed before it may be sold or destroyed;
(g) that the keeper may relinquish ownership of the cat.
89 Releasing seized cats
(1) An authorised officer or approved provider who has the care of a cat seized under this part must release the cat to a person claiming its release if, but only if, the officer or provider is satisfied—
(a) the person claiming its release is the keeper of the cat; and
(b) if the cat is required to be identified by a regulation made for section 83—the cat is identified as required by the regulation; and
(c) if the cat was seized because of an offence against this Act—subsection (2) applies to the offence; and
(d) the keeper of the cat has not relinquished ownership under section 91; and
(e) any fee payable under section 144 for the release of the cat has been paid.
(2) This subsection applies to an offence if—
(a) 28 days have passed since the day the offence was committed and—
(i) a prosecution has not been started for the offence; and
(ii) an infringement notice has not been served for the offence; or
(b) an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or
(c) a prosecution for the offence was started within 28 days after the day the offence was committed and—
(i) the prosecution has been discontinued; or
(ii) the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the cat.
90 Selling or destroying seized cats
An authorised officer or approved provider may sell or destroy a cat seized under this part if—
(a) within 7 days after the day of the seizure, the officer or provider cannot find out who is the keeper of the cat after making reasonable inquiries; or
(b) the keeper of the cat relinquishes ownership of the cat under section 91; or
(c) within 7 days after the day notice under section 88 about the seizure was given to the keeper of the cat, the keeper does not tell the officer or provider, in writing, that the keeper wishes to claim the cat.
91 Relinquishing ownership of seized cats
(1) This section applies to a cat seized under this part.
(2) The keeper of the cat may relinquish ownership of the cat by signed writing given to an authorised officer or approved provider.
(3) An instrument relinquishing ownership of the cat—
(a) takes effect at the end of 3 days beginning on the day the signed instrument is given to the authorised officer or approved provider; and
(b) must contain a statement to the effect of paragraph (a).
(4) After an instrument relinquishing ownership of the cat takes effect, an authorised officer or approved provider—
(a) is not obliged to return the cat to its keeper; and
(b) may sell or destroy the cat.
(5) To remove any doubt, an authorised officer or approved provider must not sell or destroy the cat under this section until the instrument relinquishing ownership of the cat takes effect.
92 Returning seized cat to its keeper
(1) An authorised officer may return a cat seized under this part to its keeper under this section if satisfied that it would be in the public interest to return the cat.
(2) In making a decision under subsection (1), the authorised officer must consider—
(a) the safety of the public; and
(b) the cost of keeping the cat temporarily cared for by an approved provider; and
(c) whether financial or other hardship would be caused to the keeper if the cat were to remain temporarily cared for by an approved provider.
(3) Subsection (2) does not limit the matters the authorised officer may consider.
(4) The authorised officer may return the cat to its keeper on conditions.
(5) If the authorised officer returns the cat to its keeper, the officer may waive all or part of any fee payable by the keeper of the cat under this part if satisfied that not to waive the fee would cause the keeper financial hardship.
93 Guidelines about returning seized cats
(1) The Minister may issue guidelines about the exercise of an authorised officer's functions under section 92.
(2) An authorised officer must comply with any guidelines under this section.
(3) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.