Australian Capital Territory Current Acts

ANIMAL WELFARE ACT 1992 - SECT 101C

    (1)     This section applies if—

        (a)     an animal has been seized under this Act; and

        (b)     the authority believes—

              (i)     either the person in charge of the animal—

    (A)     has committed an offence in relation to an animal against part 2 (Animal welfare offences); or

    (B)     is the subject of an order of a court of a State that prohibits the person purchasing, acquiring, keeping, caring for or controlling an animal for a stated period; and

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

              (ii)     it is not in the public interest to bring proceedings against the person; and

              (iii)     the person is likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act.

    (2)     The authority may apply to the court for an order that the person must not, individually or jointly with another person—

        (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.

    (3)     The court may make an order after considering—

        (a)     the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and

        (b)     the likelihood the person has, or will, commit an offence against this Act; and

        (c)     any 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; and

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

        (d)     anything else the court considers relevant.

    (4)     The duration of an order under subsection (2) must be stated in the order.

    (5)     If an order made under this section has ended or is about to end, the court may make a further order if satisfied the person remains likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act.

    (6)     A person must not engage in conduct that contravenes an order under this section.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.