38.
—(1) Where an authorised officer reasonably suspects that any animal may be infected with rabies or has been exposed to rabies infection he may, in his discretion, either —
(a)
cause the animal to be destroyed immediately; or
(b)
give written directions to the owner or person in charge of the animal requiring that owner or person to take it immediately to any animal quarantine station for detention and observation.
[16/2000]
(2) If the owner or person in charge of the animal fails to comply with the written directions given under subsection (1), the authorised officer may either cause the animal to be destroyed immediately or take possession of the animal and remove it to an animal quarantine station.
[16/2000]
(3) The authorised officer may either destroy the animal in the animal quarantine station or may detain it until he is satisfied that it is free from disease.
[16/2000]
(4) The authorised officer may take possession of the body of any animal that has died or has been destroyed and which is reasonably suspected to have been infected with rabies and may dispose of it in such manner as he may think fit.
[16/2000]
(5) No compensation shall be payable to any person in respect of the destruction of any animal under subsection (1), (2) or (3).
(6) Any person who fails, without reasonable excuse, to comply with any written directions given to him under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
[10/2002]
(7) In this section, “animal” means any four-footed beast in captivity or under control.
[39