Commentary on Sections Post-Conviction Powers Section 41: Orders under section 33, 35, 37, 38 or 40: pending appeals
173.Subsection (1) suspends the operation of various orders relating to animals and equipment under the Act until the possibility of a successful appeal has expired. Subsection (3) provides that if an order is suspended under subsection (1), the court may, nevertheless, give directions as to how the animal(s) should be dealt with during the suspension. Subsection (4) gives examples of the kinds of directions the court may give under subsection (3)(b) to provide for the animal’s welfare pending the determination of the appeal.
174.Subsection (5) provides that costs which a court directs a person to pay will be recoverable as a civil debt.