Animal trespass laws - Victoria

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

Re: Animal trespass laws - Victoria

Post by Fionn » 07 Jun 2021, 6:09 pm

DaveZ wrote:I never said farmers don't need fences. You seem to want to cherry pick bits from everyones statements purely to stir. Everybody should keep their animals on their own properties. I said people shouldn't need fences to keep out other peoples animals, and they shouldn't. There is a general obligation to keep your animals on your own property. If they are not on your property, then they are trespassing. Section 16A and 16B of the impoundment of animals act provides for notice to be served to the owner of the animals if they are trespassing or not properly contained. If the animals are found trespassing after notice is served then it is an offence under sections 25A and 25B. So yeah, old mate letting his sheep roam the countryside is a dick. Yes, I believe that, morally at least, land owners should be able to cull repeat trespassing animals without consequence.


Point taken, I misrepresented what you said, thank you for clearing it up.
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Re: Animal trespass laws - Victoria

Post by Fionn » 07 Jun 2021, 6:13 pm

Oldbloke wrote:M8 don't just quote a 5 or 6 100 pg acts. Im not about to read 500 pgs of law. Show us the section(s) that's applicable.


No need to read the whole Act's, just look for the section numbers I posted.
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Re: Animal trespass laws - Victoria

Post by Fionn » 07 Jun 2021, 6:20 pm

Oldbloke wrote: Show us the section(s) that's applicable.
But here you go

Firearms Act 1996
128 Offence to damage property with a firearm
A person must not injure or damage property with a firearm.
Penalty: 120 penalty units or 2 years imprisonment.


Crimes Act 1958
197 Destroying or damaging property
(1) A person who intentionally and without lawful excuse destroys or damages any property belonging to another or to himself and another shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(2) A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
(3) A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).
(4) For the purposes of subsections (1) and (2) a person who destroys or damages property shall be taken as doing so intentionally if, but only if— (a) his purpose or one of his purposes is to destroy or damage property; or (b) he knows or believes that his conduct is more likely than not to result in destruction
of or damage to property.
(5) For the purposes of subsection (2), a person who destroys or damages property shall be treated as intending thereby to endanger the life of another
if, but only if—
(a) his purpose or one of his purposes is to endanger the life of another by the destruction or damage; or
(b) he knows or believes that the life of another is more likely than not to be endangered by the destruction or damage.
(6) An offence against this section committed by destroying or damaging property by fire shall be charged as arson.
(7) A person guilty of arson is liable to level 4 imprisonment (15 years maximum) despite anything to the contrary in this section
.

Crimes Act 1958
199 Possessing anything with intent to destroy or damage property
A person who has anything in his custody or under his control—
(a) with the purpose of using it, or causing or permitting another to use it, without lawful excuse—
(i) to destroy or damage any property belonging to some other person or to himself, the user or both of them and some other person; or
(ii) to destroy or damage any property in a way which he knows or believes is more likely than not to endanger the life of some other person; or
(b) with the purpose of using it, or causing or permitting another to use it, dishonestly and with a view to gain for himself or another, to destroy or damage property— shall be guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum).



Crimes Act 1958
195 Dealing with property suspected of being proceeds of crime
A person who deals with property if there are reasonable grounds to suspect that the property is proceeds of crime is guilty of a summary offence and liable to level 7 imprisonment (2 years maximum).
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Re: Animal trespass laws - Victoria

Post by Oldbloke » 07 Jun 2021, 6:43 pm

Ok, its an offence to destroy property. Perhaps your right perhaps.

Is a long lost, un tagged, feral cow or sheep property?

How would that be proven? How would the so called owner prove they were his? Remember there are a couple of generations of sheep involved.
Good manners are free. Hunt safe, look after the bush & plug more pests. :thumbsup: The greatest invention in the history of man is beer. :drinks: Text alone does not convey the full message. Practice good hygiene.
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Re: Animal trespass laws - Victoria

Post by Fionn » 09 Jun 2021, 4:17 pm

Oldbloke wrote:Is a long lost, un tagged, feral cow or sheep property?


Yes, think about it for a bit. What does property mean. If you lose a watch in a park that doesn't have your name on it and it's found 20 years later. It's still your property.

Oldbloke wrote:How would that be proven? How would the so called owner prove they were his? Remember there are a couple of generations of sheep involved.


The issue with this is it seems everyone in the area knows who owns the sheep so not hard to prove who they belong too. And who is going to dispute the ownership and how would they prove this.
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Re: Animal trespass laws - Victoria

Post by womble » 09 Jun 2021, 5:55 pm

Ok i think the fairest outcome for all parties is we just shoot half the sheep
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