Victorian Current Acts

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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 12AB

Orders must not be made in relation to certain persons

    (1)     A court must not make a control order in a proceeding in relation to an offender who is not the owner of an animal concerned in the proceeding if the offender proves—

        (a)     that, as to the conduct constituting the offence, the offender acted both on the instructions and in the presence or under the supervision of—

              (i)     the owner or the person in charge of the animal; or

              (ii)     a person who was the employer of the offender or who had engaged the offender to do work; and

        (b)     if the offence was a continuing one, that the offender had no reasonable opportunity in the circumstances of preventing the offence from continuing.

    (2)     In this section—

"offender" in relation to a proceeding in a court, means a person who has been convicted, found guilty or found not guilty because of mental impairment of an offence in the proceeding.

S. 12AC inserted by No. 60/2015 s. 8.



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