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Statutory interpretation question help The Impounding Act 1992 (NSW) provides: 5 Who can impound and what can be impounded (1) Impounding officers can impound certain

Statutory interpretation question help

The Impounding Act 1992 (NSW) provides:

5 Who can impound and what can be impounded

(1) Impounding officers can impound certain animals and articles, as provided by this Act.

8 When is something "impounded"?

(1) Something is impounded as soon as an impounding officer or an occupier of private land takes possession of it under a power conferred by this Act. It continues to be impounded until it is released or disposed of in accordance with this Act

(2) An item does not have to be taken to a pound for it to be "impounded" for the purposes of this Act

9 Animals unattended in public places can be impounded

(1) An impounding officer may impound an animal that is in a public place in the area of operations of the officer if the officer believes on reasonable grounds that the animal is unattended.

11 Impounded animals to be delivered to pound

(1) An impounding officer must have an impounded animal delivered to a pound as soon as practicable after the animal is impounded.

(4) The impounding officer (other than an impounding officer of a livestock health and pest authority) may instead destroy the animal immediately (without having it delivered to a pound) if of the opinion that:

(a) the animal is seriously injured, diseased or starved or is otherwise in a distressed state, or;

(b) the animal is worth less than the cost of delivering it to the pound.

4 Definitions

Expressions used in this Act (or in a particular provision of this Act) which are defined in the dictionary at the end of this Act have the meanings set out in the dictionary.

Dictionary (Section 4)

"Animal" means any of the following: cattle, horses, mules, camels, sheep, goats, pigs and deer.

Peppa, the pet pig of George Johansen, escapes from her pen on George's hobby farm in the Farmidale Council area. Farmidale is a small town in regional New South Wales. Excited by her unaccustomed freedom, Peppa runs off along the public road adjacent to George's farm. A few kilometres down the road Peppa is spotted by Geraldine Troulliet, an impounding officer of the Farmidale Shire Council. Geraldine stops the council vehicle and tries to catch Peppa, intending to take her to the council's pound a few kilometres away. Peppa, who is terrified of all humans except George, starts squealing hysterically and running back and forth across the road. Peppa continues this behaviour for the next few minutes. After five minutes, Geraldine takes out a gun and shoots the pig dead.

Was Geraldine authorised under the above sections of the Impounding Act 1993 (NSW) to act as she did?

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