PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36K Court may make adverse publicity order

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36K

    (1)     If a court convicts a person or finds a person guilty of an offence against section 32(2), 32D(2) or 32H(2), the court may make an order requiring the person to take all or any of the following actions—

        (a)     to publicise, in the way specified in the order—

              (i)     the offence; and

              (ii)     any consequences of the offence; and

              (iii)     any penalty imposed or other order made on the conviction or finding of guilt of the offence; and

              (iv)     if any information as to any work or procedures related to the offence has been published, an erratum or corrigendum as to that work;

        (b)     to notify, in the way specified in the order, any person or class of person of the matters listed in paragraph (a);

        (c)     to require the person to review the carrying out of any procedure, research or process of a kind that was the subject of the offence.

    (2)     The court must not make an order under subsection (1) unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

    (3)     The court may make an order under subsection (1) in addition to or instead of—

        (a)     imposing a penalty on the offender; or

        (b)     making any other order that the court may make in relation to the offence.

    (4)     In an order under subsection (1) the court—

        (a)     may specify the time within which any action required by the order must be taken; and

        (b)     may specify any other requirement that is necessary or expedient for the order to be effective.

    (5)     The court may make an order under subsection (1) on its own initiative or on the application of the person bringing the proceeding.

S. 36L inserted by No. 60/2015 s. 47.