ANIMAL WELFARE ACT 1992 - SECT 6B Failure to provide appropriate care

ANIMAL WELFARE ACT 1992 - SECT 6B

    (1)     A person in charge of an animal commits an offence if the person fails to give the animal—

        (a)     appropriate food; or

        (b)     appropriate water; or

        (c)     appropriate treatment for illness, disease or injury; or

        (d)     appropriate shelter or accommodation; or

        (e)     a clean and hygienic living environment; or

        (f)     appropriate grooming and maintenance; or

        (g)     appropriate exercise; or

        (h)     appropriate opportunities to display behaviour that is normal for the animal; or

              (i)     care that is appropriate for the animal's wellbeing.

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

    (2)     Subsection (1) does not apply if the person has a reasonable excuse.

Note 1     The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code

, s 58).

Note 2     If an inspector or authorised officer reasonably believes s (1) applies, the inspector or authorised officer may give a written direction to the person to give appropriate care to the animal (see s 85).

    (3)     In this section:

"appropriate", in relation to an animal, means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal.

"treatment "includes veterinary treatment, including preventative treatment, if a reasonable person would expect veterinary treatment to be sought in the circumstances.