344Release of distressed animals—court orders

344 Release of distressed animals—court orders (1) If the conservator considers that an animal seized under section 342 (Power to seize things) is likely to die or suffer pain or be subjected to distress unless it is released from captivity, the conservator may apply to the Magistrates Court for an order that the animal be released from captivity. (2) An application must clearly state the reasons for seeking the order. (3) An application may only be made before a prosecution is begun for an offence against this Act in relation to the animal or during the prosecution. (4) The court may, before deciding an application, require notice of the application to be given to anyone that the court considers appropriate. (5) On deciding an application, the court may— (a) order that the animal be released from captivity; or (b) dismiss the application. (6) If the court makes an order for the release of an animal— (a) the court may give the directions relating to observations to be made, and records to be kept, about the animal that the court (b) the animal must not be released until the directions have been complied with. Note The Territory may be required to pay the owner of the animal reasonable compensation for its loss (see s 357).

Search warrants Division 14.2.3