(a) if
the breach causes death, serious deformity, serious disability or prolonged
suffering of an animal—2,000 penalty units or 3 years imprisonment; or
(b)
otherwise—300 penalty units or 1 year’s imprisonment.
Notes—
1 This provision is an executive liability provision—see
section 209.
2 See also section 9(Act does not affect other rights or
remedies).
(3) For subsection (2) , a person breaches the duty only if the
person does not take reasonable steps to—
(a) provide the animal’s needs
for the following in a way that is appropriate—
(i) food and water;
(ii)
accommodation or living conditions for the animal;
(iii) to display normal
patterns of behaviour;
(iv) the treatment of disease or injury; or
(b)
ensure any handling of the animal, including any confinement or transportation
of the animal, by the person, or caused by the person, is appropriate.
(4) In
deciding what is appropriate, regard must be had to—
(a) the species,
environment and circumstances of the animal; and
(b) the steps a reasonable
person in the circumstances of the person would reasonably be expected to have
taken.
Examples of things that may be a circumstance for subsection (4)(b)—