Australian Capital Territory Current Acts

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Animal offences—setting aside permanent prohibition order

    (1)     On application by a person against whom an order under section 101A is made, the court may set aside the order.

    (2)     An application may only be made if the person has not made an application under this section in the previous 12-month period.

    (3)     Before making an order, the court must—

        (a)     notify the authority, in writing, about the person's application; and

        (b)     allow the authority to make a written or oral submission to the court about the application.

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

        (a)     any submission made by the authority; and

        (b)     the public interest; and

        (c)     the length of time since the order under section 101A was made; and;

        (d)     any relevant rehabilitation or remedial action undertaken by the person; and

        (e)     the risk to the welfare of animals; and

        (f)     the matters considered by the court when making the order under section 101A.

    (5)     Subsection (4) does not limit the matters the court may consider.

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