South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 83J

83J—Court may order compensation and other costs

        (1)         A court may, on application by the prosecutor or on the court's own initiative, make an order requiring a person found guilty of an offence against section 83I to pay 1 or more of the following amounts:

            (a)         an amount by way of compensation for veterinary and other expenses reasonably incurred in treating the working animal to which the offence relates;

            (b)         an amount for reasonable rehabilitation or retraining of the working animal to which the offence relates, having regard to the primary function of the working animal;

            (c)         if the working animal to which the offence relates is permanently unable to perform its primary function as a result of the offence—an amount equal to the actual or expected costs of replacing the working animal with one of similar abilities and training;

            (d)         if the working animal to which the offence relates is permanently unable to perform its primary function as a result of the offence—an amount equal to the actual or expected costs of retiring the working animal (including, but not limited to, the costs of relocating and rehousing the animal, and retraining the animal to ensure it is adapted to life other than as a working animal);

            (e)         any other amount the court thinks appropriate in the circumstances.

        (2)         A court must, if it does not make an order under this section, give its reasons for not doing so.

        (3)         Compensation under this section will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the person against whom the order is made.

        (4)         Compensation may be ordered under this section in relation to an offence despite the fact that compensation may be ordered under some other statutory provision that relates more specifically to the offence or proceedings in respect of the offence.

        (5)         The amount paid to a person pursuant to an order under this section must be taken into consideration by a court or any other body in awarding compensation for the relevant loss or damage under any other Act or law.