PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 12A Registration of interstate orders

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 12A

    (1)     In this section—

"corresponding law" means a provision of a law of another State or Territory declared by an Order of the Governor in Council under section 12B to be a corresponding law for the purposes of this section;

"interstate minister" means the minister responsible for administering a corresponding law;

"interstate order" means a court order made under a corresponding law;

"register" means a register kept for the purposes of this section.

    (2)     On the written request of an interstate minister, the Minister may register an interstate order.

    (3)     The Minister must not register an interstate order under this section unless the interstate minister has provided the Minister with a copy, or an extract of the operative provisions, of the order.

    (4)     On registering an interstate order under this section, the Minister must ensure that any details specified in the regulations relating to the registration of interstate orders under this section are recorded on the copy or extract of the order and in the register (as the case requires).

    (5)     As soon as possible after registering an interstate order, the Minister must ensure that a notice is served on the person who is the subject of the order either personally or by registered post at the last known address of that person.

    (6)     The notice must inform the person—

        (a)     that the relevant interstate order has been registered under this section; and

        (b)     that the registration of the order does not take effect until 14 days after the notice is served on the person; and

        (c)     that from the time the registration takes effect, a contravention of the order in Victoria is an offence under subsection (8).

    (7)     The registration of an interstate order registered under this section takes effect 14 days after notice is served in accordance with subsection (5) on the person who is the subject of the order.

S. 12A(8) substituted by No. 65/2007 s. 84, amended by No. 60/2015 s. 9(1).

    (8)     A person who is the subject of an interstate order, that is registered under this section, must comply with the order.

Penalty:     500 penalty units or imprisonment for 2 years.

Note to s. 12A(8) inserted by No. 60/2015 s. 9(2).

Note

A POCTA inspector may apply under Division 1A of Part 2A to a court in certain circumstances for an order authorising the monitoring of a person's compliance with an order registered under this section.

    (9)     Subsection (8) applies even if the order is varied after it is registered.

    (10)     However, if an interstate order is varied after it is registered to create a new obligation on the person to whom the order relates, proceedings against the person in respect of a contravention of that obligation must not be started unless the person had notice of the obligation before the contravention occurred.

    (11)     In proceedings for an alleged offence against subsection (8)—

        (a)     production of a certificate signed by the Minister stating that an interstate order was registered on a specified date is prima facie evidence of the registration under this section of the order; and

        (b)     production of a certificate signed by the interstate minister setting out the terms of the interstate order at a particular date is prima facie evidence of the terms of the order on that date.

    (12)     All courts and tribunals, and any person acting judicially, must take judicial notice of—

        (a)     the signature of the person who is or was the Minister, and of the fact that the person is or was the Minister; and

        (b)     the signature of the person who is or was the interstate minister, and of the fact that the person is or was the interstate minister.

S. 12B inserted by No. 50/2005 s. 3.