Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 90

Power to alleviate suffering

    (1)     This section applies if an authorised officer believes on reasonable grounds that:

    (a)     an animal has not been provided with appropriate or sufficient food or drink; or

    (b)     an animal is so severely injured, diseased or overworked, or in such a poor physical condition, that it is necessary for the animal to be provided with veterinary treatment; or

    (c)     an animal is being treated in a way that is likely to cause or contribute to it suffering.

    (2)     The authorised officer may take any action the officer considers necessary to alleviate the animal's suffering or to provide for its reasonable care.

    (3)     Without limiting subsection (2), the following actions may be taken:

    (a)     providing the animal with food or drink;

    (b)     seizing the animal and removing it to a place the officer considers appropriate;

    (c)     giving the person in control of the animal a written notice requiring the person to obtain veterinary treatment for the animal within a specified period;

    (d)     authorising another person to take action the officer considers appropriate and specifying or approving the action.

    (4)     The authorised officer may also require a person in control of an animal or otherwise required to take action under this section to do any of the following:

    (a)     give the officer a report, within a specified period, about action taken to care for the animal or to comply with a requirement imposed by the officer;

    (b)     be available at a specified time and place to present the animal for inspection by the officer;

    (c)     be available at a specified time and place to answer questions about the welfare of the animal.

    (5)     The authorised officer may require the person to include in a report mentioned in subsection (4)(a):

    (a)     the name and contact details of any veterinarian who examined the animal; and

    (b)     the nature of any treatment to the animal provided by a veterinarian and the date it was provided.

    (6)     A person who is given a notice under subsection (3)(c) or is subject to a requirement under subsection (4) must comply with the notice or requirement.

    (7)     A person commits an offence if:

    (a)     the person is given a notice under subsection (3)(c) or is subject to a requirement under subsection (4); and

    (b)     the person intentionally engages in conduct; and

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

Maximum penalty:     100 penalty units.

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

    (9)     If an authorised officer acts under this section, the Territory may recover the reasonable costs incurred in so acting from a person in control of the animal as a debt owed to the Territory.



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