sec.181AInterim prohibition order

sec.181A Interim prohibition order

This section applies if a person is charged with an animal welfare offence (the alleged offence ). The court may order (an interim prohibition order ) that, pending completion of the proceeding for the alleged offence, the person must not possess or purchase or otherwise acquire— any animal; or a stated type of animal; or any animal, or a stated type of animal, for trade or commerce or another stated purpose. The court may make an interim prohibition order against the person only if the court is satisfied there are reasonable grounds for believing there is an unacceptable risk the person will commit an animal welfare offence before the completion of the proceeding for the alleged offence. An interim prohibition order may be made against the person— only at the court’s initiative or on an application by the prosecution; and in the person’s absence. However, the court must not make an interim prohibition order unless the person has been given an opportunity to be heard about whether the order should be made. An interim prohibition order— takes effect— if the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or otherwise—when the order is served on the person; and ends on the earlier of the following— the completion of the proceeding for the alleged offence; the revocation of the order under section 187A . For this section, if the alleged offence is heard and decided on indictment, the proceeding for the alleged offence is completed when the proceeding on indictment is completed. s 181A ins 2014 No. 39 s 11 (sec.181A-ssec.1) This section applies if a person is charged with an animal welfare offence (the alleged offence ). (sec.181A-ssec.2) The court may order (an interim prohibition order ) that, pending completion of the proceeding for the alleged offence, the person must not possess or purchase or otherwise acquire— any animal; or a stated type of animal; or any animal, or a stated type of animal, for trade or commerce or another stated purpose. (sec.181A-ssec.3) The court may make an interim prohibition order against the person only if the court is satisfied there are reasonable grounds for believing there is an unacceptable risk the person will commit an animal welfare offence before the completion of the proceeding for the alleged offence. (sec.181A-ssec.4) An interim prohibition order may be made against the person— only at the court’s initiative or on an application by the prosecution; and in the person’s absence. (sec.181A-ssec.5) However, the court must not make an interim prohibition order unless the person has been given an opportunity to be heard about whether the order should be made. (sec.181A-ssec.6) An interim prohibition order— takes effect— if the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or otherwise—when the order is served on the person; and ends on the earlier of the following— the completion of the proceeding for the alleged offence; the revocation of the order under section 187A . (sec.181A-ssec.7) For this section, if the alleged offence is heard and decided on indictment, the proceeding for the alleged offence is completed when the proceeding on indictment is completed.