Australian Capital Territory Current Acts

ANIMAL WELFARE ACT 1992 - SECT 101

    (1)     This section applies if a court has convicted or found guilty a person in charge of an animal of an offence against—

        (a)     part 2 (Animal welfare offences); or

        (b)     section 86E (Temporary prohibition on animal ownership etc); or

        (c)     section 100A (Animal offences—court orders (interim)); or

        (d)     section 101A (Animal offences—permanent prohibition on animal ownership etc); or

        (e)     section 101C (Prohibition order in special circumstances).

    (2)     The court may, in addition to any penalty which it may otherwise impose, make any order it considers appropriate in relation to—

        (a)     the disposal of—

              (i)     the animal in relation to which the offence was committed; and

              (ii)     any other animal of which the person is in charge; and

        (b)     payment to the Territory, an animal welfare entity or another person of expenses incurred in the care of—

              (i)     the animal in relation to which the offence was committed; and

              (ii)     any other animal of which the person is in charge.

    (3)     An order under subsection (2) (b) may be made at any time and for any stated period of care.

    (4)     The court may, in addition to any penalty which it may otherwise impose, make an order as it considers appropriate that the person must not—

        (a)     purchase or acquire any animal within the period stated in the order; or

        (b)     keep, care for or control any animal within the period stated in the order.

    (5)     In making an order under subsection (4), the court must consider—

        (a)     the offence committed by the person; and

        (b)     any other conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (6)     A person must not engage in conduct that contravenes an order under subsection (2) or (4).

Maximum penalty (subsection (6)): 50 penalty units, imprisonment for 6 months or both.

    (7)     Subsection (5) does not limit the matters the court may consider.

    (8)     In this section:

"expenses incurred", in the care of an animal, includes any expense incurred for any of the following:

        (a)     taking possession of the animal;

        (b)     transporting the animal;

        (c)     providing food, drink and water for the animal;

        (d)     providing shelter or accommodation for the animal;

        (e)     providing veterinary care for the animal.