PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 31 Court may make further orders following conviction

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 31

31 Court may make further orders following conviction

(1) If a court has convicted a person of an animal cruelty offence and the court is satisfied that, were the person to be in charge of an animal, the person would be likely to commit another animal cruelty offence, the court may make either or both of the following orders--

(a) an order for the disposal of an animal of which the person is a person in charge,

(b) a disqualification order.

(1AA) However, a court must make an order under subsection (1)(b) if the court--

(a) has found the person guilty of an offence against this Act, section 6, 15, 18 or 21 or the Crimes Act 1900 , section 79, 80, 530 or 531, or

(b) has made an order, entered a special verdict or made a qualified finding of guilt under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 , section 14, 19, 20, 31 or 62 in relation to an offence specified in paragraph (a).

(1AB) Subsection (1AA) does not apply if the court is satisfied special circumstances justify not making the order.

(1A) An order under subsection (1)(a) may require the disposal by a date or within a period specified by the court.

(1B) An order under subsection (1)(b) ceases to have effect at the end of the period of the order specified by the court.

(2) An order under subsection (1) may be made by the court in addition to any penalty that it may otherwise impose in relation to the person concerned.

(3) A person upon whom an order made under subsection (1) is served shall not fail to comply with the order.

: Maximum penalty--50 penalty units or imprisonment for 6 months, or both.

(4) If an officer has taken possession of an animal under section 24J (1) in relation to the alleged commission of an offence against this Act or the regulations, the officer may apply to the court before which the proceedings for the offence are commenced for an order for the disposal of the animal before the proceedings are finally determined.

(5) The court to which an application under subsection (4) is made may--

(a) order that the animal in respect of which the application is made be sold or otherwise disposed of in such manner as the court considers appropriate in the circumstances, and

(b) direct that the proceeds of the sale or other disposal be held in trust pending the determination of the proceedings for the offence and the further order of the court, and

(c) make such other orders as the court considers appropriate.