This letter refutes the charges imposed under the Animal Control Act of 2019 and argues that the piglet in question is not a dangerous animal. It discusses the responsibility of the owner, the validity of the seizure, and emphasizes the need to return the piglet to its rightful owner.
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1 Animal protection
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2 To Georgia 444 Any Street Albury NSW 2640 This letter is pertaining to the refuting of the charges imposed upon you by the officer authorized in accordance with Section 8 of the Animal Control Act of 2019. Such kinds of charges are not applicable since a piglet is an animal of mansuetae naturae and you are not the original owner of the piglet. Additionally, you are living in Albury which is in New South Wales and the jurisdiction of the Animal Control Act of 2019 is over Victoria. As a result, it is imperative that you cannot be fined an amount of five hundred dollars as far as Section 7 of the Animal Control Act of 2019 is concerned accordingly. Section 2 of the Animal Control Act of 2019 implies that dangerous animals include tigers, lions, bears, dangerous dogs and other such related animals of ferae naturae. It is imperative that responsibility and charges under Sections 7 and 8 of the Animal Control Act of 2019 respectively would imply with regard to the large and dangerous animals which further implies that the piglet as per the facts of the case is not such kind of an animal. The aspect implies cattle trespass as far as the responsibility of the owner of the piglet Emily is concerned accordingly. The concept of cattle trespass is similar to the one pertaining to the rule pertaining to strict liability laid down by the House of Lords as far as the case of Rylands v Fletcher is concerned1. If any harm by Bruno the piglet is caused, then Emily would be liable for negligence as far as due care and diligence are concerned accordingly. However, the rule of strict liability laid down by the House of Lords in the case of Rylands v Fletcher was done away with in the case ofBurnie Port Authority v General Jones Pty Ltd2. In this case, the High Court of Australia decided to apply the aspect pertaining to negligence only as implied by the case of Donoghue v Stevenson as far as the decision ofHouse of Lords is concerned3. In the case of Grant v Australian Knitting Mills, the aspect pertaining to reasonable care was taken into account by the High Court of Australia4. It is to be seen to what extent the harm is caused to a person by Bruno the piglet who enters into Victoria from New South Wales after being excited on seeing a possum as far as the facts of the case are concerned. Section 3 of theAnimal Control 1Rylands v Fletcher [1868] UKHL 1 2Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 3Donoghue v Stevenson [1932]UKHL 100 4Grant v Australian Knitting Mills (1933) 50 CLR 387
3 Act implies that the aspect of responsibility is applicable only in the instances that it is a dangerous animal which can possibly cause harm leading to grievous injury or even death. As a result, it is implied that the aspect pertaining to responsibility is not applicable to Emily.It is also imperative from Section 1 of the Animal Control Act of 2019 implies that besides people, native animals are also to be protected from massive dangerous animals. As a result, it is imperative that a piglet like Bruno is ought to be protected from dangerous animals as defined under Section 2 of the Animal Control Act of 2019 as far as Section 1 jurisdiction of the Animal Control Act of 2019. As far as the aspect of ownership is concerned, Section 2 of the Animal Control Act of 2019 is not applicable to Emily since she is the owner of a piglet which is not a large dangerous animal as aforesaid accordingly.It is also inferred from the facts of the case that the piglet Bruno has not caused any such harm as far as a nuisance is concerned with reference to Section 8 of the Animal Control Act of 2019. As far as seizure and destruction of animal is concerned on part of the authorized officer with reference to Section 8 of the Animal Control Act of 2019, only large dangerous animals can be seized and destroyed which is not the case of piglet accordingly. As a result, the officer would be held liable accordingly if any harm is caused to the piglet as far as the seizure is concerned. Therefore, it is the responsibility of the officer to take due care of the piglet up to the period it is under the custody as far as the supervision of the Victorian Animal Protection Services is concerned accordingly. It is imperative that the Victorian Animal Protection Services must play an extremely vital; role with regard to the safety of the piglet and to return it to the rightful owner Emily as soon as possible failing which stringent action would be initiated against them. Additionally, the Victorian Animal Protection Services must also make sure that the authorized officer does not cause any kind of harm to the piglet Bruno otherwise stringent action has to be initiated against such officer accordingly which may involve compensation to Emily as far as the harm caused to Bruno is concerned as a result of the seizure5. Therefore, it is imperative that such kind of seizure by the authorized officer is not valid in accordance with Section 8 of the Animal Control Act of 2019 since the Animal Control Act of 2019 provides a demarcation between the animals of ferae naturae and the animals of mansuetae naturae. If it is implied that the owner Emily took due care and it is only the nature of the piglet Bruno that led him to cross the border and run into Victoria from New South Wales, she would not be held liable since it is supposed to cause no harm and quite friendly with the humans as far as the aspect pertaining to domestication is concerned accordingly. Furthermore, the safety of Bruno must be taken into account accordingly as far 5Amanda P. Stickley,Australian torts law. (LexisNexis Butterworths, 2016).
4 as Section 2 of the Animal Control Act of 2019 is concerned accordingly. As far as Section 7 of the Animal Control Act of 2019 is concerned, if any dangerous animal attacks Bruno in any manner, the person who is the owner of the animal would be liable for negligence as far as not taking due diligence is concerned and be fined up to an amount of five hundred dollars accordingly. Taking account of the facts of the case, even Emily cannot be fined under Section 7 of the Animal Control Act of 2019 taking account of the nature of the piglet Bruno as far as the liability of the owner of the dangerous animal is concerned. If it is observed and inferred from the facts of the case that if the Animal Control Act of 2019 has received Royal Assent after being passed by the Parliament of the Australian state of Victoria, it would be effective and enforceable accordingly after fourteen days from the receiving of Royal Assent accordingly as far as Section 1 of the Animal Control Act of 2019 is concerned accordingly. As a result, the period of fourteen days has to be taken into account accordingly in order to imply that the Animal Control Act of 2019 is applicable in a valid manner. The charges pertaining to five hundred dollars imposed on you by the concerned authorized officer have to be set aside on an immediate basis on the grounds being nether you are the owner of the piglet Bruno nor he is a massive dangerous animal as far as the ingredients and elements of Sections 7 and 8 of the Animal Control Act of 2019 are concerned accordingly. The objective of the Animal Control Act of 2019 is to be fulfilled accordingly within the ambit of Section 1 of the Animal Control Act of 2019 which is not the case on part of the authorized officer as far as the facts and circumstances are concerned. It is to be seen whether the authorized officer is able to distinguish between animals of mansuetae naturae and the animals of ferae naturae as far as the guidelines issued by the Victorian Animal Protection Services within the purview of the Animal Control Act of 2019. If it is inferred that there is no such guideline issued by the Victorian Animal Protection Services, such kind of a regulation must be formulated and implemented accordingly thereby leading to the providing of training to the authorized officers in a proper and appropriate manner accordingly so that they are able to distinguish between animals of mansuetae naturae and the animals of ferae naturae. As a result,, such charges imposed on you by the authorized officer must be set aside on an immediate basis and Bruno has to be returned to Emily as early as possible accordingly. Kind Regards
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6 Bibliography Amanda P. Stickley,Australian torts law. (LexisNexis Butterworths, 2016) Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 Donoghue v Stevenson [1932]UKHL 100 Grant v Australian Knitting Mills (1933) 50 CLR 387 Rylands v Fletcher [1868] UKHL 1