ANIMAL CARE AND PROTECTION ACT 2001 - SECT 37 Unlawfully allowing an animal to injure or kill another animal

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 37

37 Unlawfully allowing an animal to injure or kill another animal

(1) A person in control of an animal (the
"first animal" ) must not unlawfully allow it to injure or kill another animal (the
"second animal" ).

Penalty—

Maximum penalty—300 penalty units or 1 year’s imprisonment.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A , to have also committed the offence.

(2) The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens—

(a) the first animal was under the person’s immediate supervision; and

Example of immediate supervision for paragraph (a)—

The first animal is within the person’s sight.

(b) the person—

(i) was aware of the second animal’s presence; and

(ii) ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and

(iii) did not take reasonable steps to prevent the injury or killing.

Examples of reasonable steps for subparagraph (iii)—

1 If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it.

2 If the first animal is a cat, caging the cat while the second animal is vulnerable to it.