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DOMESTIC ANIMALS AMENDMENT (PUPPY FARMS AND PET SHOPS) ACT 2017 (NO. 69 OF 2017) - SECT 76

Prosecution of suspected persons

    (1)     In section 84Q(1) of the Principal Act—

        (a)     for "an authorised officer" substitute "a Council authorised officer";

        (b)     after "seized under this Part" insert "other than section 82A or 82B".

    (2)     After section 84Q(2) of the Principal Act insert

    "(2A)     If a Council, person or body has custody of a dog or cat that has been seized under section 82B and the Council, person or body proposes to prosecute the owner of the dog or cat for an offence under section 45A, 58AF, 63A, in relation to the dog or cat, the Council, person or body—

        (a)     must commence prosecution as soon as possible after the seizure and after sufficient information is available to enable the commencement of prosecution; and

        (b)     must retain custody of the dog or cat and any offspring of the dog or cat until the outcome of the prosecution is known.

    (2B)     If the outcome of the prosecution referred to in subsection (2A) is that the owner of the dog or cat is found guilty of the offence, the dog or cat and any offspring of the dog or cat are forfeited to the Council or to the person or body who has custody of the dog or cat and offspring (if any).".

    (3)     In section 84Q(2A) of the Principal Act, after "63A" insert ", 63AAB, 63AAC, 63AAD, 63AAE".



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