In Victoria, a sentencing court may impose an Animal Control Order on a person convicted or found guilty of an offence under the Prevention of Cruelty to Animals Act 1986 (the Act).
Under section 12 of the Act, the court may:
- Disqualify a person from owning or being in charge of a specified kind of animal permanently or for any period of time (a full Animal Control Order);
- Apply conditions on a person who owns or is in charge of a specified kind of animal permanently or for any period of time (a partial Animal Control Order) (s12(1)(b)).
When imposing an animal control order, the court has the discretion under section 12(2) of the Act to make such an order in addition to or instead of any other penalty.
Whilst a Prosecuting Agency (such as the RSPCA) can apply for an animal control order, the court determines whether such an application is granted and, if so, the conditions imposed under the court order and whether it is a full control order or a partial control order.
Full Control Orders
Under section 12(1)(a) of the Act, a full control order may be imposed:
- For up to ten years if the individual has not been subject to an animal control order in the past (either in Victoria or interstate); or
- Permanently or for any period if the person has previously been subject to a control order.
Partial Control Orders
A partial control order allows a person to own and control a kind of animal but with certain conditions. A partial control order may be imposed permanently or for any length of time.
- to engage a veterinary practitioner to assess animals at regular intervals;
- to provide a copy of a veterinary report to the governing body;
- to follow lawful directions of the veterinary practitioner;
- to permit inspectors to enter premises where animals are kept for the purposes of assessment.
Monitoring compliance with a control order
When making an animal control order, the court may authorise any POCTA inspector (an inspector authorised under the Act) to monitor compliance with the order by a person subject to it under section 21A of the Act.
Under section 21A(2), when deciding whether to authorise monitoring of compliance with an animal control order, the court may have regard to the following:
- the nature of the offence on which the order is based;
- whether the person is or has been the subject of another animal control order (including an interstate order);
- whether the person has previously been convicted, found guilty or found not guilty because of mental impairment of any other offence under the Act;
- Any other factor the court considers relevant.
Offence for failing to comply with a control order
Under section 12AF, it is an offence not to comply with a control order, which is punishable by up to 500 penalty units or two years’ imprisonment
