Animal Welfare Act 1992

This section applies if—

an animal has been seized under this Act; and

a proceeding for an offence has been started in a court against a person who was, before the seizure, in charge of the seized animal; and

the court is satisfied that, unless an appropriate interim order under this section is made, the person is likely to engage in conduct in relation to an animal that requires—

the seizure of an animal under this Act; or

a further proceeding to be started for an offence.

The court may make an order (an interim order) as it considers appropriate that the person must not, individually or jointly with another person—

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

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

In making an interim order, the court must consider—

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

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

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.

State includes the Northern Territory (see Legislation Act, dict, pt 1).

The duration of an interim order under subsection (2)—

must be stated in the order; and

must not be longer than 12 months.

The interim order ends if a seized animal is returned to the person in charge of the animal and the proceeding for an offence against the person is withdrawn.

If an interim order has ended or is about to end (other than under subsection (5)), the court may make a further interim order if the court is satisfied that the matters mentioned in subsection (1) continue to apply.

A person must not engage in conduct that contravenes an interim order.

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