s 45 Power to order destruction of animals
45.—(1) An authorised officer or a police officer who has satisfied himself or herself by personal inspection or otherwise —(a) that an animal is diseased or injured and that the disease or injury from which the animal is suffering is incurable or that it is cruel to keep the animal alive; or (b) that an animal is so diseased or so severely injured or in such a physical condition that, in the officer’s opinion, having regard to the means available for removing the animal there is no possibility of removing it without cruelty and that it is cruel to keep it alive, may give written directions requiring the animal to be destroyed and those directions may immediately be carried out by or under the supervision of that authorised officer or police officer or any other person authorised in that behalf by the authorised officer or police officer. (2) If the animal so diseased or injured is in any house, stable, shed, or enclosure proper for that animal and not in a public thoroughfare, market or place, written directions must not be given until the owner of the animal (if known) has been duly notified of the state of the animal.[46/2014] (3) If any animal is destroyed under written directions given under subsection (1), the expenses of the removal and burial of the carcase of the animal must be paid by the owner of the animal and the amount of the expenses may be recovered from that owner in a summary manner before a Magistrate.[46/2014]