Animal Care and Protection Act 2001
sec.173CCriteria for making direction
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sec.173C Criteria for making direction
The chief executive may make a direction under section 173B (2) only if satisfied it is just to make the direction in all the circumstances. In considering whether to make the direction, the chief executive must consider each of the following— the interstate prohibition decision; the nature of the act or omission that is the subject of the interstate prohibition decision; the effect of the act or omission on any animal; the welfare of an animal that is the subject of the act or omission; the welfare of any other animal owned by the person; the person’s compliance or otherwise with the interstate law or the interstate prohibition decision; the likelihood of the person committing an animal welfare offence. Subsection (2) does not limit the matters the chief executive may consider. s 173C ins 2022 No. 35 s 32 (sec.173C-ssec.1) The chief executive may make a direction under section 173B (2) only if satisfied it is just to make the direction in all the circumstances. (sec.173C-ssec.2) In considering whether to make the direction, the chief executive must consider each of the following— the interstate prohibition decision; the nature of the act or omission that is the subject of the interstate prohibition decision; the effect of the act or omission on any animal; the welfare of an animal that is the subject of the act or omission; the welfare of any other animal owned by the person; the person’s compliance or otherwise with the interstate law or the interstate prohibition decision; the likelihood of the person committing an animal welfare offence. (sec.173C-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.
- (a) the interstate prohibition decision;
- (b) the nature of the act or omission that is the subject of the interstate prohibition decision;
- (c) the effect of the act or omission on any animal;
- (d) the welfare of an animal that is the subject of the act or omission;
- (e) the welfare of any other animal owned by the person;
- (f) the person’s compliance or otherwise with the interstate law or the interstate prohibition decision;
- (g) the likelihood of the person committing an animal welfare offence.