Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT (PUPPY FARM ENFORCEMENT AND OTHER MATTERS) ACT 2011 (NO. 75 OF 2011) - SECT 17

After section 84W of the Domestic Animals Act 1994 insert —

        " 84WA     Power of Court to make orders prohibiting ownership of dogs or cats

    (1)     If a person is found guilty by the Magistrates' Court of an offence under section 45 or 63A, the Court may make one or both of the following orders—

        (a)     that the person is prohibited from keeping or selling animals of a specified species; or

        (b)     that the person is prohibited from conducting or working in a domestic animal business.

    (2)     An order made under subsection (1) has effect for a period of 10 years from the date of the order, unless a shorter period is specified in the order.

        84WB     Power of Court to make orders as to costs and disposal of dogs or cats

If a dog or cat has been seized under section 82A and—

        (a)     the owner or person in charge of the dog or cat has been charged with an offence against this Act or regulations under this Act in relation to the dog or cat; or

        (b)     proceedings for an offence against this Act or regulations under this Act have commenced, in relation to the dog or cat, against the owner or person in charge of the dog or cat; or

        (c)     the owner or person in charge of the dog or cat has been found guilty of an offence against this Act or regulations under this Act in relation to any dog or cat within the preceding 10 years; or

        (d)     the person who seized the dog or cat reasonably believes that the welfare of the dog or cat is at risk—

the person who seized the dog or cat may apply to the Magistrates' Court, or cause an application to be made to the Magistrates' Court, for an order under this Division.

        84WC     Order for bond or costs

    (1)     If a dog or cat has been seized under this Part and the dog or cat is not being returned to the owner or person in charge of the dog or cat because there are proceedings against the owner or person in charge of the dog or cat for an offence against this Act or regulations under this Act in relation to the dog or cat, the Magistrates' Court may on application make an order that     the owner or person in charge of the dog or cat pay—

        (a)     a bond or security to the applicant to provide for the care and maintenance of the dog or cat; or

        (b)     any identified costs for the care, transport and maintenance of the dog or cat—

for the whole or any part of the period of time during which the proceedings are being prosecuted, including any period of time between seizure of the dog or cat and the person being charged for the offence.

    (2)     If the Magistrates' Court makes an order under subsection (1), the Court may also order that     any money left over from any payment made under subsection (1)(a) at the end of the proceedings be repaid to the person who paid the bond or security.

    (3)         If the Court orders that a person pay a bond or security under subsection (1)(a) and it is not paid within 21 days of the date of the order being made, the Court may on application make an order under section 84WA(1) in respect of the person.

        84WD     Order for disposal if bond or costs not paid

If the Magistrates' Court has ordered a payment under section 84WC, the Court may also order that, if the payment is not made in accordance with the order—

        (a)     the dog or cat be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or

        (b)     in the case of a dangerous dog or a restricted breed dog, the dog be destroyed.

        84WE     Order for disposal if owner found guilty

If the Magistrates' Court has ordered a payment under section 84WC, the Court may also order that, if the owner or person in charge of the dog or cat is or has been found guilty of an offence against this Act or regulations under this Act within the preceding 10 years—

        (a)     the dog or cat be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or

        (b)     in the case of a dangerous dog or a restricted breed dog, the dog be destroyed.

        84WF     Order for disposal in certain circumstances

If the Magistrates' Court has ordered a payment under section 84WC, the Court may also order that the dog or cat be destroyed, if a veterinary practitioner has provided written evidence certifying that the dog or cat should be destroyed—

        (a)     on humane grounds; or

        (b)     because the dog or cat is diseased or infected with disease.

        84WG     Order for return of dog or cat

    (1)     If on an application under section 84WB the Magistrates' Court is not satisfied that an order should be made under section 84WC, 84WD, 84WE or 84WF, the Court may order that the dog or cat be returned to the owner or person in charge of the dog or cat.

    (2)     If the Court orders under subsection (1) that the dog or cat be returned to the owner or person in charge of the dog or cat—

        (a)     the owner or person in charge of the dog or cat may recover the dog or cat within 8 days after the making of the order; and

        (b)     if the dog or cat is not recovered within 8 days after the making of the order, the dog or cat—

              (i)     may be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or

              (ii)     in the case of a dangerous dog or a restricted breed dog, may be destroyed.".