Need A Legal Eagle

[KOE]

In law is an animal a thing.

I believe an animal is not a thing as it is a living entity but once it is dead it then becomes a thing is this right.

thanks

[ellz]

It would depend upon the circumstances, when it comes to Fair Trading, animals are classed as goods and transactions relating to them come under the same laws as, for example, a refrigerator.

[KOE]

the meaning is from a local government act

they can photograph any thing

[ellz]

If that is all the information you can give, then I would say that they can photograph anything.....a living animal included. You'd have to read the act in its entirety and see if it specifies directly that animals are NOT classed as "a thing" before you could safely rule it out.

[KOE]

I didnt really want to have to put it here as it will take ages if we have a solicitor here they will know the meaning in law.

[mackiemad]

an animal is property under the eyes of the law. so if someone is allowed to photograph your car without notifying you then they can photograph your animal as well.

whether or not they can do that i don't know - but 'thing' here should be replaced by 'property'.

i imagine they can however. personally i don't have much of an issue with that, if you think they are dodgy and taking pics in order to steal then notify your police.

[ellz]

I didnt really want to have to put it here as it will take ages if we have a solicitor here they will know the meaning in law.

I would still imagine they would have to peruse the entire act to ascertain what the definitions are. Every local government has its own act and not everything is the same across the board.

[KOE]

Okay here is the section, namely the bolded part

General powers after entering a property

(1) This section explains the powers that an authorised person has

after entering a property, other than entering a property—

(a) to ask the occupier of the property for permission to stay

on the property; or

(b) under section 132 or 133.

(2) The authorised person may—

(a) search any part of the property; or

(b) inspect, test, photograph or film anything that is in or onthe property; or

© copy a document that is in or on the property; or

(d) take samples of or from anything that is in or on the

property; or

(e) take into or onto the property any persons, equipment

and materials that the authorised person reasonably

requires for exercising the authorised person’s powers;

or

(f) require the occupier of the property, or a person in or on

the property, to give the authorised person reasonable

[s 136]

Local Government Act 2009

Chapter 5 Monitoring and enforcing the Local Government Acts

Part 2 The public

Page 134 Reprint 1 effective 1 July 2010

help to exercise the authorised person’s powers under

paragraphs (a) to (e).

(3) An authorised person may exercise a power under subsection

(2) only if exercising the power is necessary for the purpose

related to the entry of the property.

(4) If a person is required to give reasonable help under

subsection (2)(f), the person must comply with the

requirement, unless the person has a reasonable excuse.

Maximum penalty—8 penalty units.

(5) If the requirement is to be complied with by the person giving

information or producing a document, it is a reasonable

excuse for the person to fail to comply with the requirement if

complying with the requirement might incriminate the person.

[KOE]

So say I wanted to bury a dead cat with the owner because the cat is dead it then became a thing, prior to being dead it was a living entity.

[ellz]

So say I wanted to bury a dead cat with the owner because the cat is dead it then became a thing, prior to being dead it was a living entity.

A cat would have always been considered a thing. The only living entity would be a human.

[Paptacular!]

Yes, a pet is classed as a 'chattel' (property, commodity, 'thing').

[Danois]

Under the Vic POCTA Act, thing is specifically defined to include an animal and a POCTA inspector can photograph any thing on the premises they enter.

Animals are classified as chattels or goods in the eyes of the law.

[*Bones*]

According to their definition, they can photograph an animal. Dead, alive, or buried

If I were you, I would investigate their rights to be on your property. They need your permission, and if you refuse that, they must leave. The laws are different for a prohibited breed and you would need to check them if the "thing" is a prohibited breed. Properly authorised officers can be on your premises if you have a prohibited breed; the rspca can be on your premises if they believe animal cruelty may be carried out.

[KOE]

the new government act of 2009 says they can.

[noisymina]

Is it a suburban area?

As I understand it, regulations prohibit the burial of dead animals in those ares. Not to say people don't.

If that is the case, then yes they can photograph for that reason, even if for no other.

[Danois]

So say I wanted to bury a dead cat with the owner because the cat is dead it then became a thing, prior to being dead it was a living entity.

You want to bury a dead cat with the owner - meaning the owner of the cat is dead?

[dogslife]

Why don't you give us the scenario so that people can actually answer without guessing what the question really is.

[ellz]

Why don't you give us the scenario so that people can actually answer without guessing what the question really is.

pffffft you should know better! That would take away from the high drama of the question! :p

[KOE]

Why don't you give us the scenario so that people can actually answer without guessing what the question really is.

pffffft you should know better! That would take away from the high drama of the question!

There is no drama ,as like some I do not need to dramatise everything I do.

I have asked a simple question and I should have known better that I would not get one from most people here without putting the whole saga on here.

tHE QUESTION BEING:

In law is an animal a thing.

I believe an animal is not a thing as it is a living entity but once it is dead it then becomes a thing is this right.

According to the dictionary I have, a thing is a amminate object. and it also says a living breathing entity becomes a thing once deceased.

so as most people can see there is no drama it is a simple question that does not need a big long story why I want the answer, as unlike some I dont display my life on forums.

thankyou for your time the ones that answered.

[dogslife]

Generally in law, whether consumer or local government, an animal is considered a thing or a chattel like a toaster or a plant.

The fact that it is breathing means nothing in the general law.

Dead or alive, in law, its a item.

Not sure if this helps but there are loopholes in all laws if the circumstances require it..............