Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 116

Automatic ban for multiple offences

    (1)     This section applies to a person who is found guilty of 3 or more offences against Part 3 within a period of 5 years or less.

    (2)     Two or more offences joined in one complaint are taken to constitute one offence for the purpose of subsection (1).

    (3)     Subject to subsection (4), the person is banned from being a person in control of an animal for a period of 5 years from the date of the finding of guilt in relation to the third offence, whether or not the person is found guilty of other offences on the same day charged on other complaints.

    (4)     The court that finds the person guilty of an offence that gives rise to a ban under subsection (3) may, on application by the person, grant an exemption to the person in relation to the operation of that subsection.

    (5)     The court may, subject to such conditions as the court considers appropriate, grant an exemption that applies:

    (a)     as a complete exemption; or

    (b)     in relation to a specified animal or animals, or a specified class or classes of animals.

    (6)     A person commits an offence if:

    (a)     the person is subject to a ban under subsection (3) or a conditional exemption under subsection (5); and

    (b)     the person intentionally engages in conduct; and

    (c)     the conduct results in a contravention of the ban or the condition, as the case may be, and the person is reckless in relation to that result.

Maximum penalty:     100 penalty units or imprisonment for 12 months.

    (7)     Strict liability applies to subsection (6)(a).



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