45Costs and expenses

45 Costs and expenses

(1)  A court may make an order in respect of any costs and expenses properly incurred by a person in taking possession of, or keeping, an animal or providing veterinary treatment to an animal in accordance with this Act.

(1A)  [Section 45 Subsection (1A) inserted by No. 36 of 2022, s. 15, Applied:30 Nov 2022] An order made under subsection (1) may be made to recover costs and expenses in respect of an animal, whether or not proceedings under this Act, in respect of the animal, have been completed.

(1B)  [Section 45 Subsection (1B) inserted by No. 36 of 2022, s. 15, Applied:30 Nov 2022] For the avoidance of doubt, more than one order may be made under subsection (1) in respect of an animal, if –

(a) additional costs and expenses are reasonably incurred in respect of the animal after an order under subsection (1) has already been made in respect of that animal; and

(b) those additional costs and expenses are not covered by an existing order under subsection (1) .

(2)  Any costs and expenses properly incurred by a person in exercising a power or performing a duty conferred or imposed by this Act in respect of an animal or conveyance, and not otherwise recovered, is a debt due to that person from the owner of the animal or conveyance.

(3)  [Section 45 Subsection (3) inserted by No. 36 of 2022, s. 15, Applied:30 Nov 2022] In this section, a reference to a person includes a reference to the Crown.