New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 30A

30A Court may order payment of care and maintenance costs by accused person

(1) A court may order a person charged with an animal cruelty offence to pay to a specified person or organisation the amount specified in the order for any or all reasonable care and maintenance costs incurred by that person or organisation in relation to the animal as a consequence of the offence or alleged offence or in connection with the proceedings. Any such order is a
"costs order" .

(2) For the purposes of this section,
"reasonable care and maintenance costs" are any costs reasonably incurred in doing any of the following--

(a) taking possession of the animal,

(b) transporting the animal,

(c) providing the animal with food and drink,

(d) providing the animal with shelter,

(e) providing the animal with veterinary treatment.

(3) A costs order can be made--

(a) at the time that the court convicts the person of the relevant offence, or

(b) at any other time before proceedings for the relevant offence have been concluded.

(4) An amount required to be paid under a costs order is recoverable by the person or organisation in whose favour the order is made, or a person acting on behalf of that person or organisation, as a debt in a court of competent jurisdiction from the person who is required under the costs order to pay that amount.

(5) If proceedings against a person for an offence against this Act or the regulations have not concluded, a court may, instead of or in addition to making a costs order, order the person to provide a bond or security for the payment of any specified reasonable care and maintenance costs, or any further reasonable care and maintenance costs, that the person may later be required to pay under a costs order.

(6) If the amount realised under any such bond or security exceeds the amount payable under a costs order, the excess amount is to be paid or returned to the person who provided the bond or security.

(7) A court that acquits or discharges a person of an offence against this Act or the regulations may, if it considers it just and reasonable to do so in the circumstances, make any or all of the following orders--

(a) an order revoking or varying any previous costs order made by the court in connection with the proceedings,

(b) an order requiring any amount or any part of an amount already paid by the accused person under the order to be refunded to the accused person,

(c) an order requiring any bond or security provided by the person to be cancelled or returned.

(8) Reasonable care and maintenance costs incurred after proceedings against a person for an offence have concluded are not recoverable under this section.

(9) Without limiting subsection (1), the organisations that may be specified in a costs order as organisations to be paid include any of the following--

(a) a charitable organisation,

(b) the NSW Police Force,

(c) a government department.

(10) Nothing in this section limits the operation of section 24J (4), 26AA (2) or 30 (1) (d) and (3).

(11) In this section--

"conviction" includes the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 .