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Ad I Saw... Isn't This Illegal?


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The person who is posting this ad all over the place (has a few Facebook groups also) KNOWS what the law is regarding strays - she just doesn't agree with it. She has also posted things on her Facebook page trying to incite others to do other illegal things - including breaking into places with kenneled dogs and stealing them (to "save" them apparently).

What she needs is a good kick in the pants IMHO... I'm just trying to get ideas on the best way to serve her one legally.

T.

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In keeping a stray animal, you are liable to a $550 fine. Report to her local council. Every officer I know, tries hard to get a animal back home/rescued/sold and hate the idea of any animal being killed.

After all we are usually the one that have a lost animal owner crying at the end of the phone wanting their beloved pet back.

Vets are law unto themselves.

Some are fantastic and dog the right thing other just dont care and dont want that animal on their premises.

for those that want to know

COMPANION ANIMALS ACT 1998 - SECT 62

Seized animals must be delivered to owner, council pound or approved premises

62 Seized animals must be delivered to owner, council pound or approved premises

(1) A person who seizes an animal under the authority of this Act must cause the seized animal to be delivered as soon as possible:

(a) to its owner, or

(b) to a council pound, or

© to any approved premises.

Maximum penalty: 30 penalty units.

Animals may be seized under the following provisions of this Act:

(a) section 13,

(b) section 14,

© section 18,

(d) section 22,

(e) section 30,

(f) section 32,

(g) section 36,

(h) section 52,

(i) section 57,

(j) section 58B.

Animals may also be seized under sections 57D and 58G, however this Part does not apply to animals seized under those sections.

(2) In the case of an animal that has been seized by a person who is not an authorised officer, subsection (1) is complied with by the person if the person, as soon as possible after seizing the animal, makes an arrangement with an authorised officer for the animal to be delivered by the officer to its owner, a council pound or approved premises.

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The person who is posting this ad all over the place (has a few Facebook groups also) KNOWS what the law is regarding strays - she just doesn't agree with it. She has also posted things on her Facebook page trying to incite others to do other illegal things - including breaking into places with kenneled dogs and stealing them (to "save" them apparently).

What she needs is a good kick in the pants IMHO... I'm just trying to get ideas on the best way to serve her one legally.

T.

Who is this?

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There is a major difference between asking those considering dumping their dog to take it to you before the pound and asking those who "find stray" to take it to them. Taking dogs out of kennels etc is theft and soliciting that is just feeding into the nutter mentality that runs in this neck of the woods.

It makes everyone take a second look at rescue and sooner or later it means that more laws and more restriction will be on everyone to stop the loonie element. Makes all the hard work rescue does to build their profile and show they are ethical go back a step.

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I find it annoying that we need to search so much for this stuff.

I had a vet, who knew legally the dog we handed to her had to go the Council, desperately trying to give us the dog back because they didn't want to keep it overnight. They didn't know we were involved in Rescue - we could've been anyone. :(

EDIT: Given the OP, I guess even when you're in Rescue, you can still be anyone.

I find it annoying [plus] too and it needs to be corrected asap. How can we expect people to do the right thing if this stuff is so hard to find?

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The person who is posting this ad all over the place (has a few Facebook groups also) KNOWS what the law is regarding strays - she just doesn't agree with it. She has also posted things on her Facebook page trying to incite others to do other illegal things - including breaking into places with kenneled dogs and stealing them (to "save" them apparently).

What she needs is a good kick in the pants IMHO... I'm just trying to get ideas on the best way to serve her one legally.

T.

Who is this?

if you Google 'Have you found a stray dog or litter of pups maybe?' you will soon find it.

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Vets are law unto themselves.

Some are fantastic and dog the right thing other just dont care and dont want that animal on their premises.

:eek: So the first thing people do: take the stray to the local vet, could see the animal drop off the radar completely?

eta: Sorry T, I don't want the thread to go off topic.

Edited by Powerlegs
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I find it annoying that we need to search so much for this stuff.

I had a vet, who knew legally the dog we handed to her had to go the Council, desperately trying to give us the dog back because they didn't want to keep it overnight. They didn't know we were involved in Rescue - we could've been anyone. :(

EDIT: Given the OP, I guess even when you're in Rescue, you can still be anyone.

I find it annoying [plus] too and it needs to be corrected asap. How can we expect people to do the right thing if this stuff is so hard to find?

This annoys me no end- Pick up a random dog and take it to vet 1. They tell me they can't take it I need to take it to vet 2 so I drive 20 minutes to vet 2 (with my own dog sitting on the front seat as I don't want her near the dog)

Another occasion- pick up another dog and take to vet 2 only to be told I have to drive another 25minutes to the pound as they only take strays outside pound hrs. I told the nurse its was BS and asked to speak to the vet and suddenly she was able to process the dog

It takes very little effort for a vet to take in a dog- officers are usually by within 2hrs and clinics should already have isolation facilities set up which I don't and I don't want to risk my own dogs by holding a dog of unknown vaccination status!!

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Thank you! :) That's kind of the bit I can find too BUT some vets claim not to be an 'authorised officer' or 'approved premises' as in, they just say to the finders to take the animal home and call the pound when it opens. :mad

Which is not what I thought was supposed to happen.

At some stage I heard that a vet HAS to hold a stray (chipped or unchipped) for collection by the ranger - or owner if they get there first I just can't find where it says they must. The interpretation of the legislation is too flexible, I am after something more concrete.

Most of this takes place at the front counter. I've seen people sent home with strays - is it definitely legally incorrect? Or a loophole?

Vets aren't automatically 'approved premises', they have to apply for that status and thus be legally able to hold stray animals, so they are correct in what they are saying unfortunately, but it just shows they don't care because they haven't applied to be an approved premises.

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For the record, when anyone calls, we tell them to take to the vet to check for microchip first. When there isn't a microchip, we refer them to rescues who might be able to take the dog or cat on board. We don't take the dogs or cats ourselves.

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It makes everyone take a second look at rescue and sooner or later it means that more laws and more restriction will be on everyone to stop the loonie element. Makes all the hard work rescue does to build their profile and show they are ethical go back a step.

I'm actually not seeing any issues with tightening up the "rescue laws". Would even go so far as to say it's overdue. Ethical rescue will prosper as a result, not go back a step.

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For the record, when anyone calls, we tell them to take to the vet to check for microchip first. When there isn't a microchip, we refer them to rescues who might be able to take the dog or cat on board. We don't take the dogs or cats ourselves.

Even unmicrochipped animals need to be taken to the pound. Interesting you're admitting that you're encouraging others to break the law instead as though that absolves you of anything. I believe that's called enabling.

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For the record, when anyone calls, we tell them to take to the vet to check for microchip first. When there isn't a microchip, we refer them to rescues who might be able to take the dog or cat on board. We don't take the dogs or cats ourselves.

That's where I'd be very careful. An ethical rescue will tell them to take a 'found' animal to a pound. A dodgy one won't. ;-)

I can see room for you to assist with letting rescues know about these animals (for example, the finder will see temperament aspects etc) but you can't cut out impound altogether. And personally with the few surrenders I've taken the owner had all the documents to prove ownership/history and signed a surrender form and a change of owner.

Anyway, at the time we put the Ads up and the facebook page, I didn't even know it was illegal as I'd been helping someone out in an established shelter.

:( Sadly now everyone who has seen the ads has googled the numbers and could think that you and the rescuer are taking found pets.

Not having a go, that's just the impression it gives. Happy for you to tell me I'm wrong. :)

Edited by Powerlegs
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For the record, when anyone calls, we tell them to take to the vet to check for microchip first. When there isn't a microchip, we refer them to rescues who might be able to take the dog or cat on board. We don't take the dogs or cats ourselves.

An owner may be looking for thier lost pet that dosen't have a microchip.They may think to check the pound but would they know of all these other rescues where thier unchiped and presumed unwanted pet could have ended up.

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No law against taking a healthy pet to the vet. :) There is just apparently no(?) statute that says they must help you with a found animal. And with that in mind I'd be telling people to take them to the pound for scanning!

BTW beats me about breeding, I can barely find what I need to know about strays. :laugh:

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