86ETemporary prohibition on animal ownership etc

86E Temporary prohibition on animal ownership etc (a) a domestic animal is seized under this Act; and (b) a proceeding (a relevant proceeding) has not been started in a court against a person in charge of the animal for an offence against part 2 (Animal welfare offences); and

(c) the authority reasonably believes that an animal’s welfare is, or would be, at serious risk if the person were to own, keep, care for or control the animal. (2) The authority may, in writing, prohibit (a prohibition order) the person individually or jointly with another person from— (a) purchasing or acquiring an animal within the period stated in the (b) keeping, caring for or controlling an animal within the period stated in the order. (3) In making a prohibition order, the authority— (a) must consider— (i) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and (ii) the likelihood the person has, or will, commit an offence against this Act; and (iii) any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare; and Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (b) may state that the order ends if stated conditions are met by the (4) The prohibition order ends on the earlier of— (a) the day a relevant proceeding starts; or (b) the day stated by the authority in the prohibition order; or (c) if a condition is stated under subsection (3) (b)—the day the authority confirms in writing that the condition has been met; or (d) 6 months after the day the prohibition is made.

Consent to entry, reports and search warrants Division 7.7 (5) A person commits an offence if the person fails to comply with a prohibition order. Maximum penalty: 100 penalty units. (6) Subsection (3) does not limit the matters the authority may consider. Division 7.7 Consent to entry, reports and search warrants 87 Definition of officer—div 7.7 officer means an inspector or an authorised officer. 88 Consent to entry (1) This section applies if the consent of the occupier of premises is sought by an inspector or an authorised officer for entry to the premises for section 81 or section 83. (2) If this section applies, before seeking the consent of the occupier of premises for entering premises, an officer must inform the occupier that the occupier may refuse to give that consent. (3) If this section applies and an officer obtains consent from an occupier to enter premises, the officer must ask the occupier to sign an acknowledgment— (a) that the occupier has been informed that the occupier may refuse to give that consent; and (b) that the occupier has given the officer consent, for that provision, to enter the premises and to exercise the powers of an officer under section 82, section 84 or section 85; and (c) of the day on which, and the time at which, that consent was given.