New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 33

33 Alternative summons

(1) Where, at any time during proceedings for an offence against this Act or the regulations in respect of an animal, the person accused of the offence satisfies the court before which those proceedings are being taken that the act or omission in respect of which those proceedings are being taken was done, authorised to be done or omitted to be done by that person in compliance with an express direction given by:

(a) the owner of the animal, or

(b) where that person was bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal-the servant or agent,

that court:

(c) may:

(i) make an order that that person be discharged, or

(ii) adjourn those proceedings until the proceedings referred to in subsection (2) have been determined, and

(d) may issue a summons against that owner, servant or agent, as the case may be, in respect of the offence:

(i) within a period of 6 months after that time, or

(ii) within a period of 2 years after the date on which it is alleged that the offence occurred,

whichever period expires earlier.

(2) In any proceedings against a person for an offence in respect of which a summons has been issued against that person under subsection (1), the court before which the proceedings are being taken may, where it convicts that person of the offence, make an order that that person pay such costs in respect of the proceedings firstmentioned in that subsection as it thinks fit.