(1) Impounding officers can impound certain animals and articles, as provided by this Act. The power to impound conferred by this Act on an impounding officer of Roads and Maritime Services is limited to the impounding of motor vehicles, unless the regulations otherwise provide.
(1) An impounding officer must have an impounded animal delivered to a pound as soon as practicable after the animal is impounded. (2) An impounding officer of a council may detain an animal liable to be impounded without impounding it. The detained animal may be placed on any land on agistment or on any land owned by or under the control of the council. It must not be detained for longer than 7 days before being impounded. (2A) An impounding officer of Local Land Services may detain an animal liable to be impounded without impounding it. The detained animal may be placed on any land on agistment or on any land owned by or under the control of Local Land Services. It must not be detained for longer than 7 days before it is impounded.
(1) In this section: declared area in relation to an impounding officer’s area of operations, means the whole or any part of that area that is declared by the impounding authority that has appointed the officer, by order published in the Gazette, to be a declared area for the purposes of this section in relation to the officer.road means a road within the meaning of theand includes a road related area within the meaning of that Act. Road Transport Act 2013 Note— The definition of motor vehicle in the Dictionary includes a boat trailer.(2) An impounding officer may impound a boat trailer in the officer’s area of operations if the officer believes on reasonable grounds that the boat trailer is in a declared area and has not been moved for at least 28 days (or such other period as is specified by the regulations).
(1) An impounding officer must make all reasonable inquiries in an effort to find out the name and address of the owner of a motor vehicle before the officer impounds the vehicle. (2) If the impounding officer’s inquiries fail to reveal the name and address of the owner, the officer may proceed to impound the vehicle.
(1) An impounding authority must make all reasonable inquiries in an effort to find out the name and address of the owner of an impounded item and, in the case of an impounded motor vehicle, must also make a search of the PPS Register for information concerning PPS security interests in the vehicle. (2) The inquiries and search must be made as soon as practicable after the item is delivered to the authority’s pound or (in the case of an article that is impounded without being delivered to a pound) as soon as practicable after the article is impounded. (3) If the impounding authority knows or finds out the name and address of the owner, the authority must cause notice of the impounding to be given to the owner of an impounded item as soon as practicable after becoming aware of the name or address.
(1) An impounding authority may fix the fees and charges that are to be paid in respect of the impounding, holding and disposing of an item by the authority and its impounding officers. The Commissioner of Police may by order in writing fix the fees and charges that are to be paid in respect of the impounding of an item by a police officer. (2) The fees and charges that may be fixed are as follows:
• a fee for walking or transporting an impounded animal to the pound or to the address of its owner and to a market or saleyard for sale, • a charge for providing an impounded animal with food, water and veterinary care, • a charge for loss or damage attributable to an impounded animal while it was unattended or trespassing, • a fee for conveying an impounded article to a pound, • a fee for storing an impounded article at the pound, • a fee to cover the cost of serving a notice notifying the owner of an impounded item that the item may be or has been impounded.
(1) An impounding authority may recover the following amounts as a debt from the person responsible for an impounded item:
• the fees and charges payable in respect of the impounding, holding and disposing of the item, • in the case of an animal impounded because it was trespassing—the cost of rectifying any loss or damage attributable to the trespassing of the animal. (2) The Commissioner of Police may recover as a debt from the owner of an impounded item the fees and charges payable in respect of the impounding of an item by a police officer. (3) The person responsible for an impounded item for the purposes of this section is the owner of the item unless the owner, within 21 days after being required to do so by the impounding authority by notice in writing:
(a) supplies, in the approved form, the impounding authority with the name and address of the person (being a person who is at least 18 years of age) who was in charge of the item immediately before it was abandoned, became unattended or was permitted to trespass, or (b) satisfies the impounding authority that he or she did not know and could not with reasonable diligence have ascertained that name and address.
(1) A person who abandons an article in a public place is guilty of an offence. Maximum penalty: 5 penalty units.
(1) The owner of a vehicle with respect to which an offence under section 32 is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless:
(a) if the offence is dealt with by way of penalty notice, the owner satisfies a person specified in the notice that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or (b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used. (2) Nothing in this section affects the liability of an actual offender in respect of the offence but, if a penalty has been imposed on, or recovered from, any person in relation to the offence, no further penalty can be imposed on or recovered from any other person in relation to the offence. (3) The owner of a vehicle is not, by virtue of this section, guilty of the offence if, where the offence is dealt with by way of penalty notice:
(a) within 21 days after service on the owner of the penalty notice for the offence, the owner gives a person specified in the notice an approved nomination notice containing the name and address of the person who was at all relevant times in charge of the vehicle, or (b) the owner satisfies a person specified in the notice that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. (4) The owner of a vehicle is not, by virtue of this section, guilty of the offence if, in any other case:
(a) within 21 days after the service on the owner of a court attendance notice for the offence, the owner gives the informant an approved nomination notice containing the name and address of the person who was at all relevant times in charge of the vehicle, or (b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.
(1) The owner of an impounded item may apply to the Civil and Administrative Tribunal for an administrative review under the of the decision to impound the item, but only on the ground that the impounding of the item was unlawful. Administrative Decisions Review Act 1997 (2) The owner of an impounded item may apply to the Civil and Administrative Tribunal for an administrative review under the of any fee or charge required to be paid for the release of the item (whether to an impounding authority or an occupier of private land), but only on the ground that the fee or charge has been improperly charged or incorrectly calculated or is excessive. Administrative Decisions Review Act 1997
(1)
(1) An authorised person may destroy, or remove and destroy, any animal found unattended in a public place if he or she believes on reasonable grounds that the animal is a danger to the public or is likely to die from a disease or injury from which it is suffering. The person may then dispose of the carcass of the animal. (2) An authorised person may remove any dead animal found in a place (whether public or not) and may dispose of the carcass of the animal.
(Section 55)
(Section 4)