Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 92

Animal welfare direction

    (1)     An authorised officer may issue a written direction (an animal welfare direction ) to a person in control of an animal if the officer believes on reasonable grounds that:

    (a)     the person has committed, is committing, or is about to commit, an offence in relation to the animal; or

    (b)     the animal is not being cared for properly; or

    (c)     the animal is experiencing undue suffering; or

    (d)     the animal requires veterinary treatment; or

    (e)     the animal is being used for work when it is not appropriate for it to be used for work; or

    (f)     the animal's welfare is being adversely affected and, in the circumstances, action under this section is reasonably justified.

    (2)     An animal welfare direction may require the person to whom the direction is given to do any of the following:

    (a)     care for, or treat, the animal in a specified way;

    (b)     provide the animal with specified rest, exercise, food, drink, shelter or treatment;

    (c)     consult a veterinarian about the animal's physical condition within a specified period;

    (d)     move the animal to another specified place;

    (e)     not move the animal from the place where the animal is at the time that the direction is given;

    (f)     take other specified action, within a specified period, that the authorised officer considers reasonably necessary for the protection or improvement of the animal's welfare.

    (3)     Without limiting subsection (2), an animal welfare direction may require the person to whom the direction is given to do any of the following:

    (a)     give the authorised officer a report, within a specified period, about action taken to care for the animal or to comply with a requirement imposed as part of the animal welfare direction;

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

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

    (4)     The authorised officer may require the person to include in a report mentioned in subsection (3)(a):

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

    (b)     when the veterinarian provided any treatment to the animal.

    (5)     An animal welfare direction may be given in conjunction with any action taken under another provision of this Act.

    (6)     A person given an animal welfare direction must comply with the direction.

    (7)     A person commits an offence if:

    (a)     the person is given an animal welfare direction; and

    (b)     the person intentionally engages in conduct; and

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

Maximum penalty:     100 penalty units.

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



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