Animal Legislation (Penalties) Amendment Act 2004 (ACT)

Animal Legislation (Penalties) Amendment Act 2004

A2004-50

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Animal Welfare Act 1992

1. Legislation amended—pt 2  3

2. New section 104A  3

Animal Legislation (Penalties) Amendment Act 2004

A2004-50

An Act to amend the Animal Welfare Act 1992

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Animal Legislation (Penalties) Amendment Act 2004.

2. Commencement

   This Act commences on the day after its notification day.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2The Animal Welfare Act 1992, section 9A is amended in part 2. Section 9A has not commenced. The amendment of s 9A does not commence until s 9A commences (see the Legislation Act, s 79A (Commencement of amendment of uncommenced law).

Part 2Animal Welfare Act 1992

1. Legislation amended—pt 2

   This part amends the Animal Welfare Act 1992.

2. New section 104A

   insert

104ACourt orders—offences involving violence

(1)This section applies if a person is found guilty or convicted of an offence against this Act, or another Act, involving violence towards an animal.

(2)Before sentencing the person, the court may—

(a)make an order requiring the person to submit to psychological assessment; and

(b)consider the assessment and any recommendation for counselling or treatment arising from the assessment.

(3)The court may, in addition to any other sentence it may impose, make an order requiring the person to undertake a program of counselling or treatment mentioned in subsection (2) (b).

Example of program

an anger management treatment program

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4)A person commits an offence if the person intentionally contravenes a requirement of an order under this section.

Maximum penalty:  1 000 penalty units.

.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 13 May 2004.

2. Notification

   Notified under the Legislation Act on 16 August 2004.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Animal Legislation (Penalties) Amendment Bill 2004, which was passed by the Legislative Assembly on 4 August 2004.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2004