ANIMAL CARE AND PROTECTION ACT 2001 - SECT 41 Limits on application of offence exemptions under div 3

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 41

41 Limits on application of offence exemptions under div 3

(1) This section applies if—

(a) an offence exemption under this division would, other than for this section, apply for an offence; and

(b) a code of practice states requirements for how the act that constitutes the offence may be carried out.

(2) The offence exemption only applies if the provisions of the code, to the extent they are relevant to the act, have been complied with.

(3) Also, if the provisions of the code about how an act may be done are incomplete, it is only an offence exemption if, in doing the act, the defendant complied with any duty of care the defendant owed to each animal to which the act relates.