ANIMAL WELFARE ACT 2002 - SECT 50
ANIMAL WELFARE ACT 2002 - SECT 50
50 . Directions to licensees and their staff
(1) A scientific
inspector who suspects that a licensee has, or any of the staff or students of
a licensee have, failed to comply with a condition to which a licence is
subject may give any directions the inspector considers necessary or desirable
to remedy that failure.
(2) A direction is to
be given by a scientific inspector —
(a) if
the inspector considers the failure creates a serious and urgent threat to the
welfare, safety or health of an animal, orally to the person who, at that
time, has custody of the animal; or
(b)
otherwise, in writing to the person who failed to comply with the condition.
(3) If a direction is
given orally a scientific inspector must give a written copy of the direction
to the person who failed to comply with the condition as soon as practicable,
and in any event within 24 hours, after giving the oral direction.
(4) If the person to
whom a direction is given is not the licensee, a scientific inspector must
give a written copy of the direction to the licensee as soon as practicable,
and in any event within 24 hours, after giving the direction.
(5) A direction must
include the reasons for giving it.
(6) A direction
—
(a)
takes effect from the time it is first given; and
(b)
remains in force until it has been complied with or a scientific inspector
revokes it by written notice to the licensee.
(7) When a direction
is in force the licensee and all of the licensee’s staff and students
must comply with it.
Penalty: $20 000 and imprisonment for one year.
(8) It is a defence to
a charge under subsection (7) for a member of staff or a student to prove that
the person did not know of, and could not reasonably have been expected to
know of, the direction.