Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT ACT 2014 (NO. 8 OF 2014) - SECT 35

In Division 9AA of Part 1 of the Crimes Act 1958 , after section 319C insert —

" Subdivision 2—Disqualification of person from owning or being in charge or control of a dog

        319D     Court may disqualify person from owning or being in charge or control of a dog

If a person has been convicted, found guilty or found not guilty because of mental impairment, of an offence against section 319B(1) or (2) or 319C(1) or (2), the court may, in addition to or instead of any other penalty, order—

        (a)     that the person be disqualified for the period (not exceeding 10 years) specified in the order, from owning or being in charge or control of a dog; or

        (b)     that the conditions, specified in the order, apply for the period specified in the order to the person whenever the person is in charge or control of a dog.

        319E     Search warrant for failure to comply with court order

    (1)     An authorised officer who is appointed by a Council under section 72 of the Domestic Animals Act 1994 may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises) in the municipal district of that Council, if the authorised officer believes on reasonable grounds that a person subject to an order under section 319D is holding a dog on the premises in contravention of that order.

    (2)         If the magistrate is satisfied, by the evidence on oath or by affidavit of the authorised officer, that there are reasonable grounds to believe that a person subject to an order under section 319D is holding a dog on the premises in contravention of that order, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989 , authorising an authorised officer who is appointed under section 72 of the Domestic Animals Act 1994 by the Council for the municipal district in which the premises is located and who is named in the warrant—

        (a)     to enter the premises; and

        (b)     to search for and seize the dog; and

        (c)     to dispose of the dog in accordance with the directions set out in the warrant.            

        319F     Certain sections of the Domestic Animals Act 1994 apply to search warrant under this section

For the purposes of section 319E, sections 84EB, 84F and 84G of the Domestic Animals Act 1994 apply as if a reference in those sections to a search warrant issued under Part 7A were a reference to a search warrant issued under section 319E.

        319G     Order under section 319D may be suspended

A court that has made an order under section 319D may suspend the order—

        (a)     for any period which the court considers necessary for the person subject to the order to make arrangements for the custody of a dog; or

        (b)     pending the determination of an appeal against the order.

        319H     Person subject to order under section 319D may apply for variation, suspension or revocation of order

    (1)     A person who is subject to an order under section 319D may apply to the court that made the order for the variation, suspension or revocation of the order.

    (2)     An application under subsection (1) may be made no earlier than 12 months after the order is made.

        319I     Power of court to vary etc. order under section 319D

    (1)     On application under section 319H, the court may by order—

        (a)     vary an order under section 319D as specified, and from the date specified, in the order; or

        (b)     suspend the order, from the date specified in the order, for a specified period; or

        (c)     revoke the order; or

        (d)     refuse the application.

    (2)     In making an order under subsection (1), the court may have regard to any one or more of the following matters—

        (a)     the applicant's character;

        (b)     the applicant's conduct since the order under section 319D was made;

        (c)     the nature of the offence or offences (if any) on which that order was based;

        (d)     any other relevant circumstances.

        319J     Person may not make another application for variation, suspension or revocation of order for 12 months

If a court makes an order for a variation under section 319I(1)(a) or refuses an application under section 319I(1)(d), the person who applied for the relevant application under section 319H must not make another application under section 319H until 12 months after the order for the variation was made or the application was refused (as the case may be).

        319K     Orders under section 319D are to operate consecutively

If a person is disqualified under an order under section 319D(a) and, during the period of disqualification, a court makes a further order under that section in respect of that person, the further order takes effect immediately after the end of the period of disqualification fixed by the initial order.

        319L     Person must comply with order under section 319D

A person who is subject to an order under section 319D must comply with the order.

Penalty:     240 penalty units or imprisonment for 2 years.".

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