Western Australian Current Acts Western Australian Current Acts (1) A person who has
incurred costs under section 40(1), 41 or 42 in relation to an animal may
apply to the Magistrates Court for an order that the applicant be reimbursed
for those costs by a person who was in charge of the animal immediately before
the care was provided or the animal was destroyed or seized.
(2) On an application
under subsection (1) the court is to make the order sought unless the
respondent proves that there were no reasonable grounds on which an inspector
could have considered the provision of care, destruction or seizure to be
necessary.
(3) The court may
adjourn an application under subsection (1) until after the determination of
any relevant prosecution proceedings.
(4) If there is more
than one person in charge of the animal at the relevant time —
(a) the
applicant may apply under subsection (1) for an order against any or all of
those people; and
(b) a
person against whom an order is sought may join any other of those people as
parties to the proceedings; and
(c) a
court making an order under subsection (2) may apportion the costs among so
many of those people as are parties to the proceedings in any manner as it
thinks fit.
(5) An order cannot be
made under subsection (1) in respect of costs for which an order has been made
under section 55(2)(f).
(6) Costs ordered to
be paid under subsection (1) are recoverable in a court of competent
jurisdiction as a debt due to the person to whom they are to be paid.
[Section 56 amended: No. 59 of 2004 s. 141.]