ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 99 Return or disposal orders
ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 99
Return or disposal orders(1) This section applies if an animal or thing:
(a) is seized under this Act; and
(b) is not forfeited to the Territory; and
(c) has not been sold or disposed of under section 98 .
(2) The CEO or a person entitled to the animal or thing may apply to a court to make a return or disposal order.
(3) The order may be made by:
(a) if the person entitled to the animal is a youth and the value of the animal or thing is within its jurisdictional limit – the Youth Justice Court; or
(b) if the value of the animal or thing is within its jurisdictional limit – the Local Court; or
(c) the court hearing any charge for an offence with which the animal or thing is connected; or
(d) in any other case – the Supreme Court .
(4) An order may be made under subsection (3)(a), (b) or (d) whether or not a person is charged with an offence with which the animal or thing is connected.
(5) An order may be made under subsection (3)(c):
(a) as an interim order or on the determination of the proceedings for the offence; and
(b) whether or not a person is found guilty of an offence.
(6) If a person is charged with an offence against this Act with which the animal or thing is connected:
(a) an application for an order may be transferred to the court hearing the charge from another court; and
(b) the court has the jurisdiction to hear and determine the matter.