ANIMAL WELFARE ACT 1992 - SECT 86E Temporary prohibition on animal ownership etc
ANIMAL WELFARE ACT 1992 - SECT 86E
Temporary prohibition on animal ownership etc(1) This section applies if—
(a) a domestic animal is seized under this Act; and
(b) a proceeding (a relevant proceeding ) has not been started in a court against a person in charge of the animal for an offence against part 2 (Animal welfare offences); and
(c) the authority reasonably believes that an animal's welfare is, or would be, at serious risk if the person were to own, keep, care for or control the animal.
(2) The authority may, in writing, prohibit (a prohibition order ) the person individually or jointly with another person from—
(a) purchasing or acquiring an animal within the period stated in the order; or
(b) keeping, caring for or controlling an animal within the period stated in the order.
(3) In making a prohibition order, the authority—
(a) must consider—
(i) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and
(ii) the likelihood the person has, or will, commit an offence against this Act; and
(iii) 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).
(b) may state that the order ends if stated conditions are met by the person.
(4) The prohibition order ends on the earlier of—
(a) the day a relevant proceeding starts; or
(b) the day stated by the authority in the prohibition order; or
(c) if a condition is stated under subsection (3) (b)—the day the authority confirms in writing that the condition has been met; or
(d) 6 months after the day the prohibition is made.
(5) A person commits an offence if the person fails to comply with a prohibition order.
Maximum penalty: 100 penalty units.
(6) Subsection (3) does not limit the matters the authority may consider.