Australian Capital Territory Current Acts

ANIMAL WELFARE ACT 1992 - SECT 95

    (1)     A claim for compensation under this division must be—

        (a)     made by or on behalf of the owner of the animal; and

        (b)     made within 1 year of the injury or death of the animal.

Note     A fee may be determined under s 110 (Determination of fees) for this section.

    (2)     On a claim for compensation made in accordance with subsection (1), the authority must—

        (a)     approve the claim; or

        (b)     refuse to approve the claim.

    (3)     The authority must only approve a claim if satisfied, on reasonable grounds, that the owner of the relevant animal is entitled to compensation under section 94.

    (4)     The authority must only approve the payment of the amount of compensation under this section that is reasonable in the circumstances, in consideration of matters including the following:

        (a)     the value of the animal, in the authority's opinion based on reasonable grounds, immediately before the malice or negligence referred to in section 94 (2);

        (b)     any malice or negligence of the owner of the animal, or of other people (other than officers), which, in the authority's opinion based on reasonable grounds—

              (i)     significantly contributed to the injury or death of the animal; or

              (ii)     for an animal which is destroyed—significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated the animal's destruction;

        (c)     the amount of the costs incurred by the owner as a result of the injury or death of the animal that the authority considers reasonable.

    (5)     If the authority approves a claim for compensation, the Territory must pay the owner of the relevant animal accordingly.