In force2020 Revised Edition

Contents

Animals and Birds Act 1965 · 2020 Revised Edition · Part 3 · Prevention of Spread of Disease

19. Examination of animal or bird suspected of disease

(1)

If the Director‑General or an authorised officer has reason to believe that any animal or bird may be infected with any disease, he or she may subject that animal or bird and any article or substance which has been in contact therewith to an examination.

(2)

For the purpose of this section —

(a)

the Director‑General or authorised officer may —

(i)

seize the animal or bird as well as the whole or any sample of any article or substance which has been in contact therewith and take them to the place of examination; or

(ii)

in writing direct the owner or person in charge of the animal or bird to deliver the animal or bird as well as the whole or any sample of any article or substance which has been in contact therewith to an authorised examiner at a specified place and time; and

(b)

the authorised examiner carrying out the examination may take any substance from the animal or bird or destroy the animal or bird and conduct a post‑mortem examination on its carcase, if that is the appropriate method by which the authorised examiner may, in accordance with accepted veterinary practice, determine whether the animal or bird has been infected with any particular disease.

(3)

No compensation is payable in respect of any animal or bird which has been destroyed under subsection (2)(b).

(4)

Any person who —

(a)

without lawful excuse, fails to comply with any written direction given to the person under subsection (2)(a)(ii); or

(b)

without the permission of the Director‑General or an authorised officer, removes any animal or bird from the place to which it has been delivered under subsection (2)(a)(ii),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Terms defined in this Act

animal
Defined · s 2
“animal” means any mammal (other than man) or fish and includes any other living creature that is prescribed as an animal for the purposes of this Act or that falls within a class of animals that is prescribed for those purposes;
Open s 2
authorised examiner
Defined · s 2
“authorised examiner” means any authorised officer and includes any person who has been designated as an authorised examiner by the Director‑General under section 4;
Open s 2
authorised officer
Defined · s 2
“authorised officer” means any person appointed by the Director‑General to be an authorised officer under section 3(2);
Open s 2
bird
Defined · s 2
“bird” includes domestic fowls, ducks, geese, turkeys, guinea fowls and pigeons of any age or sex and the eggs thereof;
Open s 2
carcase
Defined · s 2
“carcase” means the dead body of an animal or bird and includes any part thereof and the meat, bones (whether whole, broken or ground), offal, hide, skin, wool, hair, feathers, hoof, horns or other part of an animal or bird, separately or otherwise, or any portion thereof;
Open s 2
contact
Defined · s 2
“contact” means any animal or bird which has by contact, direct or indirect, with a diseased animal or bird been exposed to the risk of contracting a disease;
Open s 2
Director‑General
Defined · s 2
“Director‑General” means the Director‑General, Animal Health and Welfare appointed under section 3(1);
Open s 2
disease
Defined · s 2
“disease” means any disease that is infectious or contagious among animals or birds and includes any other disease which the Minister may, from time to time, by notification in the Gazette, declare to be a disease for the purposes of this Act;
Open s 2
infected
Defined · s 2
“infected” means infected with any disease;
Open s 2
owner
Defined · s 2
“owner” includes any person for the time being in charge of any animal or bird and any person for the time being in occupation of any building;
Open s 2
person in charge
Defined · s 41
“person in charge”, in relation to an animal, means a person who has, whether permanently or on a temporary basis, the animal in the person’s possession, custody or control, or under the person’s care or supervision, and includes an individual who has the animal in such a manner in the course of the individual’s employment;
Open s 41

Report

Read on from s 20

Part 4

Animal Welfare and Prevention of Cruelty to Animals

Read on from Part 4

Part 5

Control of Livestock

Read on from Part 5

Part 6

Enforcement Powers

Read on from Part 6

Part 7

Licensing of Veterinary Centre, Veterinary Biologics and Keeping, Breeding, Etc., of Animal or Bird

Read on from Part 7

Part 8

Quarantine

Read on from Part 8

Part 9

Offences and Penalties

Read on from Part 9

Part 10

Miscellaneous Provisions

Read on from Part 10