(2) A person who
causes or permits an animal to be unattended in a public place is guilty of an
offence unless the person establishes that the person took all reasonable
precautions to prevent the animal from being unattended.
: Maximum penalty--5
penalty units.
(3) A person is not to be regarded as having abandoned an
article in a public place or as having caused or permitted an animal to be
unattended in a public place--
(a) if the article or animal is in the public
place in response to an invitation contained in a notice published by the
relevant public authority and in accordance with any conditions specified in
that notice, or
(b) if the article or animal is in the public place with the
consent of the relevant public authority, or
(c) if the presence of the
article or animal in the public place is authorised by or under an Act, or
(d) in the case of an animal that is stock (within the meaning of Part 8 of
the Local Land Services Act 2013 ) that is unattended on a road or travelling
stock reserve, in any circumstances prescribed by section 115 of that Act,
(e) in the case of an animal, in any circumstances prescribed by the
regulations for the purposes of section 9.
(4) A court that convicts a person
of an offence under this section may order the person to pay to an
impounding authority the fees and charges payable in respect of the
impounding, holding and disposing of the item concerned (whether or not the
court imposes a penalty for the offence).
