Australian Capital Territory Current Acts

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DOMESTIC ANIMALS ACT 2000 - SECT 138A

Disqualification from keeping animals

    (1)     If a person is convicted, or found guilty, of an animal welfare offence or an offence against this Act (other than an excluded offence), the court may disqualify the person from keeping an animal for a period decided by the court.

    (2)     A disqualification may disqualify a person from keeping a particular animal, a particular kind of animal or any animal.

    (3)     In deciding whether to disqualify a person, the court must consider the following matters:

        (a)     the acts or omissions of the person constituting the offence;

        (b)     any conviction or finding of guilty of the applicant within the last 10 years for an offence against a law of a Territory or State relating to the welfare, keeping or control of an animal.

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

    (5)     If a court disqualifies a person from keeping an animal, the court must give particulars of the disqualification to the registrar.

    (6)     A person who is disqualified from keeping an animal must not keep an animal in contravention of the disqualification.

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

    (7)     If the keeper of an animal is convicted or found guilty of an offence against subsection (6), the court may—

        (a)     decide to end the keeper's disqualification and order the registrar to return the animal to the keeper; or

        (b)     order the registrar to destroy the animal or sell or otherwise dispose of the animal to a person other than the keeper or a person who lives with the keeper.

    (8)     The court may order the keeper of an animal sold, destroyed or otherwise disposed of under subsection (7) to pay the costs or expenses of the sale, destruction or disposal.



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