Western Australian Current Acts

ANIMAL WELFARE ACT 2002 - SECT 55

55 .         Orders additional to penalty

        (1)         A court convicting a person of an offence under this Act may, in addition to imposing a penalty, make any other orders against the offender that the court considers appropriate to protect the welfare, safety and health of an animal, a group of animals or animals in general.

        (2)         Without limiting subsection (1) a court may —

            (a)         prohibit the offender from —

                  (i)         being in charge of; or

                  (ii)         having contact with,

                a specified animal, an animal of a specified kind, or an animal of any kind —

                  (iii)         for a period the court thinks fit (which may be permanently); and

                  (iv)         either absolutely or unless specified conditions are satisfied;

                and

            (b)         order that an animal of which the offender is in charge —

                  (i)         if the animal is fauna that has not been lawfully taken, be delivered to, or dealt with in accordance with the instructions of, the chief executive officer of the Biodiversity Conservation Department; or

                  (ii)         otherwise, be removed to a place the court thinks fit;

                and

            (c)         order the forfeiture to the Crown of —

                  (i)         seized property owned by the offender; or

                  (ii)         an animal owned by the offender; or

                  (iii)         anything used by the offender in the commission of the offence;

                and

            (d)         order that property seized in relation to the offence be returned to the owner of that property; and

            (e)         order the humane destruction of an animal that is suffering severe harm; and

            (f)         order the offender to reimburse a person who incurred costs under section 40(1), 41 or 42 in relation to —

                  (i)         the animal the subject of the offence; or

                  (ii)         another animal of which the offender was in charge at the time of the offence and which was provided with care, destroyed or seized because of the commission of the offence;

                and

            (g)         suspend, revoke or impose conditions on a licence held by the offender; and

            (h)         disqualify the offender from obtaining a licence, or a licence of a particular kind, for a period the court thinks fit (which may be permanently).

        (3)         If a licence is suspended or revoked under subsection (2)(g) the offender must deliver the licence to the Minister as soon as practicable, and in any event within 7 days, after the order is made.

        Penalty: $2 000.

        (4)         An offender must comply with an order made against him or her under subsection (1).

        Penalty: $20 000 and imprisonment for one year.

        (5)         The court is to ensure that a copy of an order made under subsection (2)(g) or (h) is given to the CEO.

        [Section 55 amended: No. 28 of 2006 s. 354; No. 24 of 2016 s. 310(9).]