Australian Capital Territory

pounds regulations
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 30 September 1991
TABLE OF PROVISIONS
Regulation
	1.	Citation
	3.	Interpretation
	11.	Repeated trespass by animals of one owner
	12.	Copy of Act etc. to be kept at pound
	13.	Statement of cattle impounded
	14.	Pound book
	15.	Register of brands
	16.	Feeding and watering impounded cattle
	17.	Pound to be kept dry, clean and secure
	18.	Diseased cattle to be kept separate
	19.	Payment of fees to Territory
	20.	Payments to impounders
	21.	Complaint of illegal impounding etc.
	23.	Monthly account
	24.	Authorised payments
	25.	Inquiries by post
	26.	Poundkeeper ceasing to hold office
	29.	Notice of detention of cattle
	30.	Delivery of cattle sold in pursuance of Act
The Schedule
Forms

Australian Capital Territory

pounds regulations
Citation
1.  These Regulations may be cited as the Pounds Regulations.1
Interpretation
3.  In these Regulations, unless the contrary intention appears—
“authorized officer”, in relation to any act, matter or thing, means an officer thereto authorized in writing by the Minister;
“the Act” means the Pounds Act 1928.
Repeated trespass by animals of one owner
11.  Where an animal is found trespassing and that animal or any other animal owned by the owner of that first-mentioned animal was found trespassing during the period of one month immediately preceding that first-mentioned trespassing, the driving charges and trespass rates payable in respect of that first-mentioned animal shall be twice the driving charges and trespass rates prescribed by regulations 5 and 7, respectively, of these Regulations.
Copy of Act etc. to be kept at pound
12.  The Minister shall supply to a poundkeeper and the poundkeeper shall keep at the pound, or at the poundkeeper’s premises, if in the immediate neighbourhood of the pound, a copy of the Act and of these Regulations and any amendments thereof, and a copy of such portions of the Gazette published during the preceding 6 months as relate to the 
registration of brands or marks used in branding and marking cattle or to impoundings.
Statement of cattle impounded
13.  (1)  A poundkeeper, upon receiving into the pound any cattle brought there for impounding, shall require the person bringing the cattle to fill in and give to the poundkeeper a statement containing such information as the poundkeeper requires, and that person shall do so accordingly.
(2)  The poundkeeper shall compare the particulars contained in the statement with the cattle impounded, and, if necessary, require the statement to be corrected.
(3)  The poundkeeper shall then give to the impounder a receipt for the cattle impounded in accordance with Form 2.
Pound book
14.  The pound book to be kept by the poundkeeper shall be in accordance with Form 3, and he shall enter therein at the time the particulars required of each impounding and of each dealing with impounded cattle, and such other particulars as are required.
Register of brands
15.  (1)  A poundkeeper shall keep a register of brands in accordance with Form 4.
(2)  At the request of the owner of any cattle and upon payment of the appropriate fee payable under the Act, the poundkeeper shall enter in the register the description, brands and marks of the cattle, the date of entry and the name and address of the owner, and shall give the owner a receipt for the fee.
Feeding and watering impounded cattle
16.  (1)  A poundkeeper shall, at least once each day, sufficiently feed and water cattle in his care, and where necessary may take cattle from the pound for that purpose:
Provided that where feed or water cannot, by reason of drought or other cause, be obtained, the poundkeeper shall report the fact to an authorized officer, and an authorized officer may give such directions as he deems advisable in the circumstances.
(2)  Where the poundkeeper has so reported to an authorized officer, he shall not, in default of any directions from an authorized officer, or while acting in accordance with any such directions or any directions given by any officer thereto authorized by the Minister, nor shall the Territory incur any liability for failure to feed or water cattle.
Pound to be kept dry, clean and secure
17.  A poundkeeper shall—
	(a)	keep the pound dry, clean and secure for the due care of cattle;
	(b)	provide a pen or crush for taking the brands or descriptions of cattle; and
	(c)	in every case of doubt as to the correct reading of a brand or mark, clip or shave the brand or mark.
Diseased cattle to be kept separate
18.  A poundkeeper shall keep apart from sound cattle all cattle which he knows to be diseased, and shall report to an authorized officer for directions any disease known to exist in any impounded cattle.
Payment of fees to Territory
19.  A poundkeeper shall pay to the Territory during office hours on any week day, any fees, rates or charges collected by the poundkeeper.
Payments to impounders
20.  (1)  The Territory shall pay to an impounder, on demand, during office hours on any week day, any fees, rates or charges collected to which the impounder is entitled.
(2)  The Territory shall take a receipt for each amount so paid.
Complaint of illegal impounding etc.
21.  (1)  A poundkeeper, upon receipt from the owner of any cattle of notice of intention to complain to the Magistrates Court under section 32 of the Act, shall note that fact and the date in the poundbook.
(2)  He shall likewise enter in the poundbook the fact of the receipt of the decision of the Court and the purport thereof.
Monthly account
23.  At the close of each month a poundkeeper shall prepare and forward to the Minister an account of—
	(a)	all cattle in the pound at the beginning of the month;
	(b)	all cattle impounded during the month;
	(c)	all impounded cattle which have, during the month, been released or sold or have died;
	(d)	all moneys received by him during the month;
	(e)	all moneys due to him during the month;
	(f)	all notices of intention to complain served on him, during the month, under section 32 of the Act;
	(g)	all cattle destroyed, during the month, the expense incurred therein, and the proceeds of the sale of the carcasses; and
	(h)	any deficiency or debt due by the owner of any cattle for fees, damages or charges.
Authorised payments
24.  An authorized officer shall authorize the payment of amounts due to persons, under the Act and may cause steps to be taken to recover moneys due from owners of impounded cattle.
Inquiries by post
25.  A poundkeeper shall reply forthwith, to any inquiry addressed to him by post by any member of the public respecting any cattle which are or have been impounded in the pound, provided that the fee payable under the Act for an extract or copy of an entry in the books of the pound accompanies the inquiry.
Poundkeeper ceasing to hold office
26.  Upon ceasing to hold office, the poundkeeper shall, as directed by the Minister, hand over all property of the Territory in his possession.
Notice of detention of cattle
29.  Where an occupier detains cattle in pursuance of section 21 of the Act, he shall, within 24 hours after the commencement of the detention, give notice to the owner either personally or by post, or, if the owner is unknown, by advertisement in a newspaper published in the Territory, and may recover such costs of notice as would be recoverable by the Territory if the cattle had been impounded in a pound.
Delivery of cattle sold in pursuance of Act
30.  The poundkeeper shall not deliver any cattle sold in pursuance of section 28 of the Act until they are paid for; and, if they are not paid for within 15 minutes after the conclusion of the sale, the poundkeeper may put them up for resale and sell them.

The Schedule
	Form 3	Regulation 14
The Australian Capital Territory
Pounds Act 1928
Pound Book
		Description of cattle Impounded				Charges		
Impounding Number	Date of Impounding	Number of Animals	Kind	Brands and Marks	Name and Address of Impounder	Driving Charges	Trespass Rates	

Pound fees											
Expenses  	Entry Fees			Notice Fees					Total 	Date when 	
of Advert-ising	Impound-ing	Re-
lease	Sale	Post	Mess-
enger	Deterr-
ent Fees	Sale Fees	Susten-
ance Charges	Charges, Expenses and Fees	Notice given to Owner	

	How disposed of			Complaints			
Date of Release, Sale or Death	Released, Sold or Destroyed	Price realized if sold	Signature and Address of Persons releasing or purchasing Impounded Stock	Notice by owner of intention to complain
Date received	Decision of
Court
Date	Magistrates 
Purport of 
decision	

	Form 4	Regulation 15
The Australian Capital Territory
Pounds Act 1928
Register of Brands and Marks
Brands	Description
nd Brands and Marks	Date of Registration	Name and Address of Owner Registering	Fee	Receipt Number	
						
NOTE
1.	The Pounds Regulations (a) (in force under the Pounds Act 1928) as shown in this reprint comprise Regulations made on 2 September 1929 amended as indicated in the Tables below.
	The Pounds Regulations were amended by the Magistrates Court Ordinance 1985 and the Self-Government (Consequential Amendments) Ordinance 1989.  The amendments are incorporated in this reprint.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table of Regulations
Year and
number	Date of making	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

—	2 Sept 1929	5 Sept 1929	9 Sept 1929 (b)		
—	15 Mar 1939	23 Mar 1939	23 Mar 1939	—	
1959 No. 6	13 May 1959	14 May 1959	14 May 1959	—	
22	31 Dec 1959	31 Dec 1959	31 Dec 1959	—	
1966 No. 3	7 Feb 1966	11 Feb 1966	14 Feb 1966	—	
1979 No. 13	8 Aug 1979	21 Aug 1979	21 Aug 1979	—	
1980 No. 3	16 Mar 1980	25 Mar 1980	25 Mar 1980	—	
as amended by					
1980 No. 14	25 Sept 1980	9 Oct 1980	R. 1:  25 Mar 1980
Remainder:  9 Oct 1980	—	
1983 No. 17	30 Sept 1983	30 Sept 1983	1 Oct 1983	—

(a)	The Pounds Regulations were also amended by the Seat of Government (Designation) Ordinance 1938 (No. 25, 1938) as amended by the Ordinances Revision Ordinances 1938 and 1959 (No. 35, 1938 and No. 21, 1959).
	Section 2 of the Seat of Government (Designation) Ordinance 1938, as amended, provides as follows:
	   “2.  Where, in any Ordinance, not being an Ordinance specified in the Schedule to this Ordinance, or in any regulation or rule made under an Ordinance, the words ‘Territory for the Seat of Government’ or ‘Territory for the Seat of Government of the Commonwealth’ or ‘Territory for the Seat of Government of the Commonwealth of Australia’ or ‘Federal Capital Territory’ appear, the Ordinance, regulation or rule (as the case may be) is amended by omitting those words and inserting in their stead the words ‘Australian Capital Territory’.”
	The amendments have been incorporated in this reprint but do not appear in the Table of Amendments.
(b)	The Pounds Regulations made on 2 September 1929 were deemed to commence on the date fixed for the commencement of the Pounds Act 1928.  The date fixed was 9 September 1929 (see Gazette 5 September 1929, p. 1903).

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

R. 2	rep. 1979 No. 13
R. 3	am. Regulations made on 15 March 1939; 1959 No. 22; 1979 No. 13
Rr. 4, 5	am. Regulations made on 15 March 1939
	rs. 1959 No. 6; 1966 No. 3; 1979 No. 13
	rep. 1983 No. 17
Rr. 6, 7	rs. 1959 No. 6; 1966 No. 3; 1979 No. 13
	rep. 1983 No. 17
R. 8	rs. 1959 No. 6; 1966 No. 3
	am. 1979 No. 13
	rep. 1983 No. 17
R. 9	rep. 1959 No. 6
R. 10	rs. 1959 No. 6; 1966 No. 3
	rep. 1983 No. 17
R. 11	rs. 1959 No. 6
	rep. 1983 No. 17
R. 12	am. Regulations made on 15 March 1939; 1980 No. 3 (as am. by 1980 No. 14)
R. 13	am. 1959 No. 22
R. 15	am. 1983 No. 17
R. 16	am. Regulations made on 15 March 1939; Ordinance No. 38, 1989
R. 18	am. Regulations made on 15 March 1939
R. 19	am. Regulations made on 15 March 1939; 1959 No. 22; 1980 No. 3 (as am. by 1980 No. 14); Ordinance No. 38, 1989
R. 20	am. Regulations made on 15 March 1939; Ordinance No. 38, 1989
R. 21	am. Ordinance No. 67, 1985
R. 22	rep. 1959 No. 22
R. 23	am. Regulations made on 15 March 1939; 1959 No. 22
R. 24	am. Regulations made on 15 March 1939
R. 25	am. 1983 No. 25
R. 26	am. Regulations made on 15 March 1939; Ordinance No. 38, 1989
Rr. 27, 28	rep. 1959 No. 22
R. 29	am. Regulations made on 15 March 1939; 1959 No. 22; 1980 No. 3 (as am. by 1980 No. 14); Ordinance No. 38, 1989
R. 30	am. 1980 No. 3 (as am. by 1980 No. 14)
Rr. 31, 32	rep. 1959 No. 22
The Schedule	am. Regulations made on 15 March 1939; 1959 Nos. 6 and 22; Ordinance No. 67, 1985