Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ANIMAL WELFARE ACT 1993 - SECT 43AAB

Registering an interstate order
(1)  The Minister is to establish and maintain a register of interstate orders.
(2)  The Minister is to record in the register an interstate order, or a variation of a registered interstate order, if –
(a) requested to do so in writing by an interstate Minister; and
(b) provided with a copy, or an extract of the operative provisions, of the order or variation by the interstate Minister.
(3)  As soon as practicable after the registration of an interstate order, or the variation of a registered interstate order, the Minister is to ensure that a notice is served on the person who is the subject of the order informing him or her that –
(a) the interstate order has been –
(i) recorded in the register under this section; or
(ii) varied and the variation of the order has been recorded in the register under this section; and
(b) the registration of the order, or variation of the order, does not take effect until 14 days after the day on which the notice is served on the person; and
(c) from the time the registration takes effect, a contravention of the order, or order as varied, in Tasmania is an offence under subsection (5) .
(4)  The registration of an interstate order, or variation of a registered interstate order, takes effect 14 days after notice is served, in accordance with subsection (3) , on the person who is the subject of the order.
(5)  A person who is the subject of a registered interstate order –
(a) must not contravene the order in Tasmania; or
(b) if the order has been varied and the variation registered, must not contravene the order as so varied in Tasmania.
Penalty:  In the case of –
(a) a body corporate, a fine not exceeding 20 penalty units; or
(b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both.
(6)  In proceedings for an offence against subsection (5) , a certificate purporting to be signed by the Minister certifying one or more of the following matters is evidence of the matters so certified:
(a) that on the day specified in the certificate an interstate order was or was not registered;
(b) that on the day specified in the certificate a variation of a registered interstate order was or was not registered;
(c) that on the day specified in the certificate the registration of a registered interstate order, or the variation of a registered interstate order, had or had not taken effect;
(d) that on the day specified in the certificate the terms set out in the certificate were the terms of a registered interstate order, the terms of a registered variation of such an order or the terms of such an order as varied by a registered variation.
(7)  In this section –
corresponding law means a provision of a law of another State or a Territory that relates to animal welfare or the prevention of cruelty to animals and that the Minister accepts to be a corresponding law for the purposes of this section;
interstate Minister means the Minister in another State or a Territory who is responsible for the administration of a corresponding law;
interstate order means an order of a court made in another State or a Territory under a corresponding law;
registration , in relation to an interstate order or the variation of a registered interstate order, means the recording of the interstate order or variation in the register.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback