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PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 36G

Notice to comply

    (1)     If an authorised officer reasonably believes that a person is committing or is likely to commit an offence under Part 3 or regulations made under Part 3, the authorised officer may give a notice to the person requiring the person not to commit the offence or to cease committing the offence.

    (2)     A person to whom a notice has been given under subsection (1) must comply with the notice.

Penalty:     120 penalty units in the case of a natural person;

600 penalty units, in the case of a body corporate.

    (3)     A notice under subsection (1) must—

        (a)     be in writing; and

        (b)     state that it is an offence not to comply with the notice and set out the maximum penalty for the offence; and

        (c)     set out the nature of the offence that it is reasonably believed is being or is about to be committed including any provisions of Part 3, regulations made under Part 3, any licence condition or any code of practice that wholly or partly constitutes the offence; and

        (d)     set out—

              (i)     any action that the person to whom the notice is directed must take or cause to be taken in relation to the offence or apprehended offence; and

              (ii)     the time within which the action must be taken; and

        (e)     set out any other action that must be taken by the person to whom the notice is issued, whether as to the condition of animals, premises or other things under the custody or control of the person, so as to ensure the person complies with any of the following that the person is required to comply with—

              (i)     any provision of Part 3;

              (ii)     any regulations made under Part 3;

              (iii)     any licence condition;

              (iv)     any code of practice; and

        (f)     set out any action the Department Head may take under this Division if the notice is not complied with within the specified time.

S. 36H inserted by No. 60/2015 s. 47.



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