Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 101

Order for reimbursement of seizure and management costs

    (1)     This section applies if:

    (a)     an animal or thing is seized under this Act or an authorised officer takes action under section 90 in relation to an animal; and

    (b)     a person incurs seizure and maintenance costs for the animal or thing.

    (2)     The person who incurs seizure and maintenance costs may apply to a court for an order that a person in charge of the animal or thing reimburse the applicant for seizure and management costs incurred by the applicant that have not been paid under another provision of this Act

    (3)     The order may be made by the court mentioned in section  99 (3) and section 99 (4), (5) and (6) apply to the order.

    (4)     The court must not make the order unless satisfied that, in the circumstances:

    (a)     the seizure of the animal or thing, or the taking of action under section  90 , was reasonable; and

    (b)     it is reasonable to require the person against whom the order is sought to pay the seizure and management costs.

    (5)     This section does not limit any other right of recovery that may be available under another provision of this Act.

    (6)     In this section:

"person in charge", in relation to an animal or thing that was seized or in respect of which action was taken under section  90 , also includes:

    (a)     for an animal – a person who was in charge of the animal when it was seized or the action was taken; and

    (b)     for a thing:

        (i)     an owner of the thing; and

        (ii)     a person who possesses the thing or had possession of the thing when it was seized.



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