Australian Capital Territory Numbered Acts

ANIMAL WELFARE LEGISLATION AMENDMENT ACT 2019 (NO. 35 OF 2019) - SECT 100

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101A     Animal offences—permanent prohibition on animal ownership etc

    (1)     This section applies if—

        (a)     a court has convicted or found guilty a person of an offence against section 7A (Aggravated cruelty); and

        (b)     the court believes that it is reasonably likely the person will contravene part 2 (Animal welfare offences) if the person were to own, keep, care for or control an animal.

    (2)     The court may, in addition to any penalty which it may otherwise impose, make an order that the person must not, either individually or jointly with another person—

        (a)     purchase or acquire an animal; or

        (b)     keep, care for or control an animal.

    (3)     In making an order the court must consider—

        (a)     the offence committed by the person; and

        (b)     any other conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

    (4)     A person commits an offence if the person fails to comply with an order made under subsection (2).

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

    (5)     Subsection (3) does not limit the matters the court may consider.

101B     Animal offences—setting aside permanent prohibition order

    (1)     On application by a person against whom an order under section 101A is made, the court may set aside the order.

    (2)     An application may only be made if the person has not made an application under this section in the previous 12-month period.

    (3)     Before making an order, the court must—

        (a)     notify the authority, in writing, about the person's application; and

        (b)     allow the authority to make a written or oral submission to the court about the application.

    (4)     In making an order, the court must consider—

        (a)     any submission made by the authority; and

        (b)     the public interest; and

        (c)     the length of time since the order under section 101A was made; and;

        (d)     any relevant rehabilitation or remedial action undertaken by the person; and

        (e)     the risk to the welfare of animals; and

        (f)     the matters considered by the court when making the order under section 101A.

    (5)     Subsection (4) does not limit the matters the court may consider.

101C     Prohibition order in special circumstances

    (1)     This section applies if—

        (a)     an animal has been seized under this Act; and

        (b)     the authority believes—

              (i)     either the person in charge of the animal—

    (A)     has committed an offence in relation to an animal against part 2 (Animal welfare offences); or

    (B)     is the subject of an order of a court of a State that prohibits the person purchasing, acquiring, keeping, caring for or controlling an animal for a stated period; and

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

              (ii)     it is not in the public interest to bring proceedings against the person; and

              (iii)     the person is likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act.

    (2)     The authority may apply to the court for an order that the person must not, individually or jointly with another person—

        (a)     purchase or acquire any animal within the period stated in the order; or

        (b)     keep, care for or control any animal within the period stated in the order.

    (3)     The court may make an order after considering—

        (a)     the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and

        (b)     the likelihood the person has, or will, commit an offence against this Act; and

        (c)     any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare; and

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

        (d)     anything else the court considers relevant.

    (4)     The duration of an order under subsection (2) must be stated in the order.

    (5)     If an order made under this section has ended or is about to end, the court may make a further order if satisfied the person remains likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act.

    (6)     A person must not engage in conduct that contravenes an order under this section.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.