Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 12A

Registration of interstate orders

12A. Registration of interstate orders



(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.

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

Penalty: 240 penalty units or imprisonment for 2 years.

(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.