43Custody of animals

43 Custody of animals

(1)  If –

(a) [Section 43 Subsection (1) amended by No. 5 of 2023, s. 4, Applied:13 Jun 2023] a person has been convicted of an offence under this Act, or an offence against section 122 of the Criminal Code, in respect of an animal; and

(b) the court considers the offence to be of a sufficiently serious nature –

the court may, in addition to, or instead of, any other penalty, order –

(c) that the person be disqualified, for such period as the court orders, from having custody of any animal or any animal of a kind or class specified in the order; or

(d) that certain conditions specified in the order are to apply for such period as the court orders to the person's custody of any animal or any animal of a kind or class specified in the order.

(2)  If a court makes an order under subsection (1) , it may suspend the order –

(a) for any period the court considers necessary so that arrangements can be made for the custody of any animal; or

(b) pending the determination of an application under subsection (3) .

(3)  A person in relation to whom an order has been made may, at any time after 12 months after the date of the order, apply to the court to have the order varied, suspended or cancelled.

(4)  In determining an application the court must have regard to –

(a) the applicant's character; and

(b) the applicant's conduct since the date of the order; and

(c) the nature of the offence; and

(d) any other circumstances it considers relevant.

(5)  In determining an application against an order, the court may –

(a) direct that from a specified date –