S. 3 def. of impound substituted by No. 65/2007 s. 46(1)(c). impound in relation to livestock, means the seizing or taking possession of that livestock and includes the holding of that livestock until the livestock is released or disposed of in accordance with this Act; s. 3 S. 3 def. of inspector of stock substituted by No. 115/1994 s. 142(Sch. 2 item 4.1) (as amended by No. 73/1996 s. 48(f)(i)). inspector of stock means an inspector of livestock appointed under the Livestock Disease Control Act 1994; S. 3 def. of livestock amended by No. 65/2007 s. 46(2). livestock means an animal (including a bird) of any species used in connection with primary production or kept or used for recreational purposes or for the purposes of recreational sport, other than a dog or cat; S. 3 def. of notice of seizure inserted by No. 65/2007 s. 46(1)(a). notice of seizure means a notice under section 8A; occupier includes— s. 3 (a) a person who manages any land on behalf of the land's owner or occupier; and (b) a person who is responsible for the care and control of any land; and (c) a lessee or licensee of any land; S. 3 def. of officer of the Roads Corporation amended by No. 37/1996 s. 12. officer of the Roads Corporation includes a person, and a person included in a class of persons, authorised by the Roads Corporation for the purposes of this Act to act as an officer of the Roads Corporation;
owner of livestock means— (a) a person who is entitled to legal or equitable possession of livestock whether solely or jointly; or (b) a person who has custody of livestock on behalf of a person referred to in paragraph (a); s. 4 pound means a facility or area established by a council or group of councils for the impounding of livestock; public notice has the same meaning as in section 3 of the Local Government Act 1989; S. 3 def. of road inserted by No. 65/2007 s. 46(1)(a). road has the same meaning as it has in section 3(1) of the Local Government Act 1989; S. 3 def. of Secretary inserted by No. 65/2007 s. 46(1)(a). Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department; trespassing includes wandering without effective control or being at large. 4 Act to bind Crown This Act binds the Crown not only in the right of , but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ Pt 2 Div. 1 (Heading) inserted by No. 65/2007 s. 47. Division 1—Powers and duties relating to impounding and release of livestock
(iii) any land if the authorised officer of a council has obtained the permission of the owner or occupier of that land to use it. S. 8(2) substituted by No. 65/2007 s. 52, amended by No. 60/2012 s. 8. (2) As soon as possible after impounding livestock under section 5, 5A or 5B, or receiving impounded livestock from an authorised person, an authorised officer of a council must— (a) take reasonable steps to ascertain the owner of the livestock including scanning the livestock for any permanent identification device and checking for any other identification marker; and (b) if the owner of the livestock is known or ascertained, serve a notice of seizure on the owner. S. 8A inserted by No. 65/2007 s. 53. 8A Notice of seizure s. 8A (1) For the purposes of this Act, a notice of seizure is a notice that sets out the following— (a) details of the impounded livestock including a description of the livestock; (b) the contact details of the authorised officer of the council who impounded or received the impounded livestock; (c) the date of impounding of the livestock; (d) the charges payable in respect of the impounding; (e) that the livestock may be sold or disposed of unless the charges for impounding are paid and the livestock claimed; S. 8A(1)(f) amended by No. 60/2012 s. 7(1). (f) the details of the relevant powers under this Act relating to the release and disposal of livestock including the number of days that a council must hold impounded livestock
(a) the date and location of the trespass; (b) a description of livestock believed to have trespassed; (c) a description of the offence in section 25A including the maximum penalty; (d) the contact details of the authorised officer of the council. S. 16B inserted by No. 65/2007 s. 62. 16B Power to serve notice on owner regarding confinement of livestock s. 16B S. 16B(1) substituted by No. 60/2012 s. 12(1). (1) If an authorised officer of a council reasonably believes that livestock are not adequately confined on land or in a building, he or she may serve a notice on any one or more of the following persons directing that the person or persons take the measures set out in the notice to ensure the livestock are adequately confined— (a) the owner of the livestock; (b) the owner of the land or building or the occupier of the land or building if the owner is not the occupier. S. 16B(2) substituted by No. 60/2012 s. 12(2). (2) A notice under subsection (1)— (a) may be served whether or not any of the livestock have been impounded in accordance with section 5B(4)(a); and (b) must be served on the person personally or by registered post to the last known address of the person. (3) A notice under subsection (1) must be in a form approved by the council and include the following— (a) a direction to take the measures set out in the notice to adequately confine the livestock;
S. 33A (Heading) amended by No. 68/2009 s. 97(Sch. item 68.1). S. 33A inserted by No. 65/2007 s. 74, amended by No. 68/2009 s. 97(Sch. item 68.2). 33A Power to file charge-sheets under this Act A charge-sheet charging an offence under this Act or under the regulations may only be filed by— (a) an authorised officer of a council (but only in respect of an alleged offence committed in the municipal district of the council of which that person is an officer); or (b) an authorised officer. Pt 5A Div. 2 (Heading and ss 33B–33D) inserted by No. 65/2007 s. 75. Division 2—Infringement notices S. 33B inserted by No. 65/2007 s. 75. 33B Power to serve infringement notices (1) An authorised officer of a council may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against section 25(e), 25(g), 25A or 25B. (2) An authorised officer of a council may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against the regulations if the offence is prescribed in the regulations for the purposes of this Division. s. 33C S. 33C inserted by No. 65/2007 s. 75. 33C Infringement offence An offence referred to in section 33B for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 33D inserted by No. 65/2007 s. 75. 33D Infringement penalty The infringement penalty for an infringement offence under this Division is the penalty—