Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 12

Serious offences

12. Serious offences



(1) If a person has been convicted of one or more offences under this Act and
a court considers that the offence or offences is or are of a serious nature,
the court may, in addition to or instead of any other penalty, order-

   (a)  that the person be disqualified for the period (not exceeding 10
        years) specified in the order, from being a person in charge of an
        animal of a kind or class specified in the order; or

   (b)  that the conditions, specified in the order, apply for the period
        specified in the order to the person whenever the person is a person
        in charge of an animal.

(1A) If a court making an order under subsection (1) is satisfied by the
evidence, on oath or affidavit, of a POCTA inspector that there are reasonable
grounds to believe that the person who has been convicted of the offence or
offences is holding an animal on premises, including residential premises, in
contravention of this section, the court may, by order, authorise the
inspector to enter the premises and search for and seize the animal and
dispose of the animal in accordance with Division 6 of Part 2A.

(1B) Part 2A applies to an order under subsection (1A) as if it were a search
warrant for the animal issued under section 24G.

(2) A court must not make an order under subsection (1) in relation to a
person who is not the owner of the animal or animals concerned in proceedings
for the offence or offences referred to in that subsection if the person
proves-

   (a)  that the offence or one of the offences was committed 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 animals; or

   (ii) a person who at the time the offence was committed was the employer of
        or had engaged the person who committed the offence to do work which
        the person was then doing; and

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

(3) A court which has made an order under subsection (1) may suspend the
order-

   (a)  for any period which the court considers necessary to make
        arrangements for the custody of any animal of a kind or class
        specified in the order; or

   (b)  pending the determination of an appeal against the order.

(4) A person in relation to whom an order under subsection (1) is made may,
after 12 months after the date of the order, apply to the court which made the
order for the variation, suspension or cancellation of the order.

(5) A court to which application is made under subsection (4) may, having
regard to the applicant's character, the applicant's conduct since the date of
the order, the nature of the offence or offences referred to in subsection (1)
and any other relevant circumstances-

   (a)  direct that from a specified date-

   (i)  the order be varied, suspended or cancelled as specified in the
        direction; or

   (ii) the order be varied to apply only to animals of a specified kind or
        class; or

   (b)  refuse the application.

(6) If a court under subsection (5)(a)(ii) or (b) directs that an order be
varied or refuses an application, the applicant must not make another
application until 12 months after the direction or refusal.

(6A) If a person is disqualified under subsection (1)(a) and, during the
period of disqualification, a court makes a further order under subsection
(1)(a) in respect of the person, the further order takes effect immediately
after the end of the period of disqualification fixed by the initial order.

(7) A person who is subject to an order under subsection (1) must comply with
the order.

Penalty: 240 penalty units or imprisonment for 2 years.