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— (a) that, as to the conduct constituting the offence, the offender acted both on the instructions and in the presence or under the supervision of— (i) the owner or the person in charge of the animal; or (ii) a person who was the employer of the offender or who had engaged the offender to do work; and (b) if the offence was a continuing one, that the offender had no reasonable opportunity in the circumstances of preventing the offence from continuing. (2) In this section— ***offender*** in relation to a proceeding in a court, means a person who has been convicted, found guilty or found not guilty because of mental impairment of an offence in the proceeding. S. 12AC inserted by No. 60/2015 s. 8. 12AC Order may be suspended A court which has made a control order may suspend the order— (a) for any period which the court considers necessary to make arrangements for the custody of any animal of a kind or class specified in the order; or (b) pending the determination of an appeal against the order. S. 12AD inserted by No. 60/2015 s. 8. 12AD Person subject to order may apply for variation etc. (1) A person who is the subject of a control order may, after 12 months after the date of the order, apply to the court that made the order for the variation, suspension or revocation of the order. (2) A court to which an application is made under subsection (1) may— (a) direct that from a specified date the control order— (i) be varied as to the kind or class of animal to which it applies; or (ii) be varied in any other way as specified in the direction; or (iii) be suspended as specified in the direction; or (iv) be revoked as specified in the direction; or (b) refuse the application. (3) In deciding an application under subsection (2), the court may have regard to the following— (a) the applicant's character; (b) the applicant's conduct since the making of the order; (c) the nature of the offence or offences under this Act on which the order was based; (d) any other relevant circumstances. (4) If a court under subsection (2)(a) directs that a control order be varied or refuses an application under subsection (2)(b), the applicant must not make another application under subsection (1) until 12 months after that direction or refusal. S. 12AE inserted by No. 60/2015 s. 8. 12AE Control orders to operate consecutively If a person is disqualified under a control order from owning or being in charge of an animal and, during the period of disqualification, a court makes a further control order disqualifying the person from owning or being in charge of an animal, the further order takes effect immediately after the end of the period of disqualification fixed by the initial order. S. 12AF inserted by No. 60/2015 s. 8. 12AF Person must comply with control order A person who is subject to a control order must comply with the order. Penalty: 500 penalty units or imprisonment for 2 years. S. 12A inserted by No. 50/2005 s. 3.