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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 21B POCTA inspector may apply for order to monitor compliance with control orders or interstate control orders

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 21B

POCTA inspector may apply for order to monitor compliance with control orders or interstate control orders

    (1)     A POCTA inspector may apply to a court for an order authorising the monitoring of the compliance of a person with a control order or an interstate control order if the inspector believes on reasonable grounds that the person is not complying with the order or is not likely to comply with the order.

    (2)     If the court is satisfied that there are reasonable grounds to believe that a person subject to a control order or an interstate control order is not complying with the order or is not likely to comply with the order, the court may by order authorise the monitoring of the person's compliance with the order.

    (3)     In deciding whether to authorise the monitoring of compliance under subsection (2), the court may have regard to the following—

        (a)     the nature of the offence or offences on which the control order was based;

        (b)     whether the person is or has been the subject of another control order or an interstate control order;

        (c)     whether the person has previously been convicted, found guilty or found not guilty because of mental impairment of any other offence under this Act;

        (d)     any other factor the court considers relevant.

    (4)     If the court authorises the monitoring of compliance under subsection (2), the court must specify in the order authorising the monitoring—

        (a)     the period for which the monitoring may be carried out, which may be for the length of the control order or interstate control order; and

        (b)     any other conditions of the monitoring.

S. 21C inserted by No. 60/2015 s. 11.