ANIMAL WELFARE ACT 2002 - SECT 56

ANIMAL WELFARE ACT 2002 - SECT 56

56 .         Order for reimbursement of costs

        (1)         A person who has incurred costs under section 40(1), 41 or 42 in relation to an animal may apply to the Magistrates Court for an order that the applicant be reimbursed for those costs by a person who was in charge of the animal immediately before the care was provided or the animal was destroyed or seized.

        (2)         On an application under subsection (1) the court is to make the order sought unless the respondent proves that there were no reasonable grounds on which an inspector could have considered the provision of care, destruction or seizure to be necessary.

        (3)         The court may adjourn an application under subsection (1) until after the determination of any relevant prosecution proceedings.

        (4)         If there is more than one person in charge of the animal at the relevant time —

            (a)         the applicant may apply under subsection (1) for an order against any or all of those people; and

            (b)         a person against whom an order is sought may join any other of those people as parties to the proceedings; and

            (c)         a court making an order under subsection (2) may apportion the costs among so many of those people as are parties to the proceedings in any manner as it thinks fit.

        (5)         An order cannot be made under subsection (1) in respect of costs for which an order has been made under section 55(2)(f).

        (6)         Costs ordered to be paid under subsection (1) are recoverable in a court of competent jurisdiction as a debt due to the person to whom they are to be paid.

        [Section 56 amended: No. 59 of 2004 s. 141.]