The court by or before which a person is convicted of a specified offence under the Animal Welfare Act 20061 may order the destruction of an animal2 in relation to which the offence was committed3 if it is satisfied, on the basis of evidence given by a veterinary surgeon4, that it is appropriate to do so in the interests of the animal5. A court may not make such an order unless:
(1) it has given the owner of the animal an opportunity to be heard; or
(2) it is satisfied that it is not reasonably practicable to communicate with
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