NATURE CONSERVATION ACT 2014 - SECT 133 Offence—keep non-exempt animal
NATURE CONSERVATION ACT 2014 - SECT 133
Offence—keep non-exempt animal(1) A person commits an offence if—
(a) the person keeps an animal; and
(b) the animal is not an exempt animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
Note Exempt animal —see s 154.
(2) A person commits an offence if—
(a) the person keeps an animal; and
(b) the animal has special protection status; and
(c) the animal is not an exempt animal.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Note Special protection status —see s 109.
(3) This section does not apply to a person if—
(a) the animal is suffering from a disease, illness or injury; and
(b) the person keeps the animal to give it to—
(i) a conservation officer; or
(ii) a veterinary practitioner; or
(iii) someone licensed to keep the animal; and
(c) the person keeps the animal for not more than 48 hours.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
(4) A person also has the benefit of the chapter 6 exceptions for an offence against this section.
Note The chapter 6 exceptions are set out in s 153.