Australian Capital Territory Consolidated Acts

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ANIMAL WELFARE ACT 1992 - SECT 12A

Laying poison

    (1)     A person commits an offence if the person lays a poison with the intention of killing or injuring a domestic or native animal.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if—

        (a)     the person lays a poison; and

        (b)     the person is reckless about causing the death of, or injury to, a domestic or native animal; and

        (c)     the poison causes the death of, or injury to, a domestic or native animal.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A person commits an offence if—

        (a)     the person lays a poison; and

        (b)     there is a reasonable likelihood that the poison will kill or injure a domestic or native animal.

Maximum penalty: 10 penalty units.

    (4)     An offence against subsection (3) is a strict liability offence.

    (5)     It is a defence to a prosecution for an offence against subsection (3) if the defendant proves that the defendant took all reasonable steps to avoid death or injury to domestic and native animals.



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