Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 75

Improvement notice

    (1)     This section applies if an authorised officer reasonably believes that a person:

    (a)     is contravening or has contravened a provision of the scientific use code or a requirement of an accredited animal ethics committee; or

    (b)     has contravened a provision of the scientific use code or a requirement of an accredited animal ethics committee in circumstances that make it likely that the contravention will continue or be repeated; or

    (c)     is performing or has performed an activity that unreasonably threatens the welfare of an animal.

    (2)     The authorised officer may issue a notice (an improvement notice ) requiring the person within the time specified in the notice:

    (a)     to remedy the contravention; or

    (b)     to prevent a likely contravention from occurring; or

    (c)     to remedy the things, circumstances or activities causing the contravention or likely contravention; or

    (d)     to take other action specified in the improvement notice that the authorised officer considers reasonably necessary for the protection or improvement of an animal's welfare.

    (3)     An improvement notice may be issued to:

    (a)     a registered person; or

    (b)     a person engaged by a registered person.

    (4)     An improvement notice must contain any information prescribed by regulation.

    (5)     An authorised officer may vary or cancel an improvement notice if the authorised officer considers that it is appropriate to do so.

    (6)     A person given an improvement notice must comply with the notice.

    (7)     A person commits an offence if:

    (a)     the person is given an improvement notice; and

    (b)     the person intentionally engages in conduct; and

    (c)     the conduct results in a contravention of the improvement notice and the person is reckless in relation to that result.

Maximum penalty:     100 penalty units.

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

    (9)     An improvement notice may include recommendations.

    (10)     It is not an offence to fail to comply with a recommendation in an improvement notice.



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