12Court orders for disqualification from or conditions on ownership etc. of animal

12 Court orders for disqualification from or conditions on ownership etc. of animal

(1) If, in a proceeding in a court, a person is convicted, found guilty or found not guilty because of mental impairment of an offence under this Act, the court, if it thinks fit, may by order—

(a) disqualify the person from owning or being in charge of an animal of a kind or class specified in the order for—

(i) if subparagraph (ii) does not apply to the person, up to 10 years; or

(ii) if the person is or has previously been subject to an order under this section or an interstate control order, permanently or for any period (including a period of more than 10 years); or

(b) apply conditions that the person must comply with, whenever the person owns or is in charge of an animal of a kind or class specified in the order, permanently or for any period (including a period of more than 10 years).

(2) An order under subsection (1) may be made in addition to or instead of any other penalty.

(3) The court, in making an order under this section, must consider whether or not to authorise the monitoring of compliance with the order under section 21A.

Note

After an order is made under subsection (1), a POCTA inspector may apply under Division 1A of Part 2A to a court in certain circumstances for an order authorising the monitoring of a person's compliance with an order made under subsection (1).

S. 12AA inserted by No. 60/2015 s. 8, amended by No. 6/2018 s. 68(Sch. 2 item 100.1).

12AA Court may authorise seizure and disposal of animal kept in contravention of order

(1) If a court making a control order is satisfied by the evidence, on oath or by affirmation or affidavit, of a POCTA inspector that there are reasonable grounds to believe that the person in respect of whom the control order is being made is holding an animal on premises, including a dwelling, in circumstances that would be in contravention of the proposed order, the court may, by order, authorise the inspector—

(a) to enter the premises; and

(b) to search for and seize the animal; and

(c) to dispose of the animal in accordance with Division 6 of Part 2A.

(2) Part 2A applies to an order under subsection (1) as if it were a search warrant for the animal issued under section 24G.

S. 12AB inserted by No. 60/2015 s. 8.

12AB Orders must not be made in relation to certain persons

(1) A court must not make a control order in a proceeding in relation to an offender who is not the owner of an animal concerned in the proceeding if the offender proves—