sec.234Criteria for making disposal or prohibition order

sec.234 Criteria for making disposal or prohibition order

The court may make a disposal order or prohibition order against a person only if satisfied, on the balance of probabilities, it is just to make the order in the circumstances. In considering whether it is just to make the order, the court must consider the following— the nature of the offence to which the hearing relates; the effect of the offence on the relevant risks and relevant adverse effects associated with exhibiting or dealing with an animal the subject of, or used to commit, the offence; the welfare of the animal and any other animal owned by the person; the likelihood of the person committing another offence against this Act. Subsection (2) does not limit the matters the court may consider. (sec.234-ssec.1) The court may make a disposal order or prohibition order against a person only if satisfied, on the balance of probabilities, it is just to make the order in the circumstances. (sec.234-ssec.2) In considering whether it is just to make the order, the court must consider the following— the nature of the offence to which the hearing relates; the effect of the offence on the relevant risks and relevant adverse effects associated with exhibiting or dealing with an animal the subject of, or used to commit, the offence; the welfare of the animal and any other animal owned by the person; the likelihood of the person committing another offence against this Act. (sec.234-ssec.3) Subsection (2) does not limit the matters the court may consider.

• (a) the nature of the offence to which the hearing relates;
• (b) the effect of the offence on the relevant risks and relevant adverse effects associated with exhibiting or dealing with an animal the subject of, or used to commit, the offence;
• (c) the welfare of the animal and any other animal owned by the person;
• (d) the likelihood of the person committing another offence against this Act.