Victorian Current Acts

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Order for bond or costs

S. 84WC(1) substituted by No. 69/2017 s. 87.

    (1)     In a proceeding before the Magistrates' Court for an offence against this Act or regulations made under this Act, the Court, on application under subsection (1C), may make an order that either of the following be paid—

        (a)     a bond or security to provide for the care and maintenance of the dog or cat that is the subject of the proceeding;

        (b)     any identified costs for the care, transport and maintenance of the dog or cat that is the subject of the proceeding.

S. 84WC(1A) inserted by No. 69/2017 s. 87.

    (1A)     The Magistrates' Court may make an order under subsection (1) if—

        (a)     the dog or cat has been seized under this Part; and

        (b)     the dog or cat—

              (i)     is in the custody of a Council, person or body pending the outcome of the proceeding; or

              (ii)     has been forfeited under section 82A(4) or 84Q(2B).

S. 84WC(1B) inserted by No. 69/2017 s. 87.

    (1B)     The bond, security or costs to be paid—

        (a)     may be for the whole or any part of the time for which the proceeding is prosecuted and for any period of time between the seizure of the dog or cat and the commencement of the proceeding; and

        (b)     must be paid by—

              (i)     for a dog or cat to which subsection (1A)(b)(i) applies, the owner or person in charge of the dog or cat at the time of seizure of the dog or cat; or

              (ii)     for a dog or cat to which subsection (1A)(b)(ii) applies, the proprietor of the domestic animal business from which the dog or cat was seized, or, for a GRV greyhound, the person who kept the GRV greyhound.

S. 84WC(1C) inserted by No. 69/2017 s. 87.

    (1C)     An application may be made under subsection (1) by the person prosecuting the offence on behalf of the Council, person or body who has custody of the dog or cat or to whom the dog or cat has been forfeited.

    (2)     If the Magistrates' Court makes an order under subsection (1), the Court may also order that any money left over from any payment made under subsection (1)(a) at the end of the proceedings be repaid to the person who paid the bond or security.

    (3)     If the Court orders that a person pay a bond or security under subsection (1)(a) and it is not paid within 21 days of the date of the order being made, the Court may on application make an order under section 84WA(1) in respect of the person.

S. 84WD inserted by No. 75/2011 s. 17.

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