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Contents (1979 - 200)
Prevention of Cruelty to Animals Act 1979 No 200
Current version for 1 July 2018 to date (accessed 18 July 2018 at 09:03)
Part 3 Section 31
31   Court may make further orders relating to convicted persons
(1)  If a court has convicted a person of an offence against Part 2, or an offence against the regulations involving the way in which an animal was treated, and the court is satisfied that, were the person to be in charge of an animal, the person would be likely to commit another such offence, the court may make any one or more of the following orders:
(a)  such order as the court thinks fit for the disposal of any animal in respect of which the person is a person in charge,
(b)  an order that the person is not to purchase or acquire, or take possession or custody of, any animal within such period as is specified in the order,
(c)  an order prohibiting the convicted individual from doing any or all of the following:
(i)  keeping, or participating in keeping, any animal,
(ii)  being party to an arrangement where the person is entitled to control or influence the keeping of any animal (including any animal owned by another person or in another person’s possession),
(iii)  have any other involvement with the keeping or care of any animal (including any animal owned by another person or in another person’s possession).
(2)  An order under subsection (1) may be made by the court in addition to any penalty that it may otherwise impose in relation to the person concerned.
(3)  A person upon whom an order made under subsection (1) is served shall not fail to comply with the order.
Maximum penalty: 25 penalty units.
(4)  If an officer has taken possession of an animal under section 24J (1) in relation to the alleged commission of an offence against this Act or the regulations, the officer may apply to the court before which the proceedings for the offence are commenced for an order for the disposal of the animal before the proceedings are finally determined.
(5)  The court to which an application under subsection (4) is made may:
(a)  order that the animal in respect of which the application is made be sold or otherwise disposed of in such manner as the court considers appropriate in the circumstances, and
(b)  direct that the proceeds of the sale or other disposal be held in trust pending the determination of the proceedings for the offence and the further order of the court, and
(c)  make such other orders as the court considers appropriate.