Div 4Court orders

Division 4—Court orders 50—Interim orders (1) A court may, in proceedings for an offence against this Act, make such interim orders as the court considers appropriate. (2) Without limiting the generality of subsection (1), a court may make 1 or more of the following orders: (a) an order requiring a specified person to care for any animal owned by the person (whether or not the subject of the alleged offence) in accordance with the conditions of the order (which may include a condition that the care of any such animal be supervised or monitored by an authorised officer); (b) an order directing a specified person to surrender a specified animal that is owned by the person (whether or not the subject of the alleged offence) to an authorised officer; (c) an order forbidding the person to acquire, or have custody of, any other animal or any other animal of a specified class, either until further order, or for the period specified in the order; (d) an order directing a specified person to surrender to the Crown a thing that is the property of the person and is the subject of the alleged offence or was allegedly used by the person in the commission of the alleged offence. (3) A person in relation to whom an interim order under this section is in force must comply with the order. 51—Court orders on finding of guilt etc (1) A court may, on finding a person guilty of an offence against this Act or on declaring a person charged with an offence against this Act liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935, make 1 or more of the following orders: (a) an order requiring the person to care for any animal owned by the person (whether or not the subject of the offence) in accordance with the conditions of the order (which may include a condition that the care of any such animal be supervised or monitored by an authorised officer), either until further order or for the period specified in the order; (b) an order directing the person to surrender an animal that is owned by the person and is the subject of the offence to an authorised officer; (c) an order directing the person to surrender any other specified animal owned by the person to an authorised officer; (d) an order directing that any animal owned by the person that has been surrendered or seized under this Act be forfeited to the Crown; (e) an order forbidding the person to acquire, or have custody of, any other animal or any other animal of a specified class, either until further order or for the period specified in the order; (f) an order forfeiting to the Crown a thing that is the property of the person and is the subject of the offence or used by the person in the commission of the offence; See also section 38(2)(b). (g) an order requiring the person to pay the Minister the amount of any costs incurred in taking action under this Act. (2) A court must, at the request of the prosecution, on finding a person guilty of an offence against section 7(1) or (2), make an order forbidding the person to acquire, or have custody of, any other animal or any other animal of a specified class, either until further order or for the period specified in the order. (3) A person in relation to whom an order under this section is in force must comply with the order. (4) The Minister may sell, rehome, destroy or otherwise dispose of an animal or thing that has been forfeited to the Crown. 52—Compensation and other costs—working animals (1) A court may, on application by the prosecutor or on the court's own initiative, make an order requiring a person found guilty of an offence against section 8 to pay 1 or more of the following amounts: (a) an amount by way of compensation for veterinary and other expenses reasonably incurred in treating the working animal to which the offence relates; (b) an amount for reasonable rehabilitation or retraining of the working animal to which the offence relates, having regard to the primary function of the working animal; (c) if the working animal to which the offence relates is permanently unable to perform its primary function as a result of the offence—an amount equal to the actual or expected costs of replacing the working animal with one of similar abilities and training; (d) if the working animal to which the offence relates is permanently unable to perform its primary function as a result of the offence—an amount equal to the actual or expected costs of retiring the working animal (including, but not limited to, the costs of relocating and rehousing the animal, and retraining the animal to ensure it is adapted to life other than as a working animal); (e) any other amount the court thinks appropriate in the circumstances. (2) A court must, if it does not make an order under this section, give its reasons for not doing so. (3) Compensation under this section will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the person against whom the order is made. (4) Compensation may be ordered under this section in relation to an offence despite the fact that compensation may be ordered under some other statutory provision that relates more specifically to the offence or proceedings in respect of the offence. (5) The amount paid to a person pursuant to an order under this section must be taken into consideration by a court or any other body in awarding compensation for the relevant loss or damage under any other Act or law. (6) An order under this section— (a) will, for the purposes of the Sentencing Act 2017, be taken to be a pecuniary sum (within the meaning of that Act); and (b) may be enforced as if it were a compensation order made under section 124 of that Act.