ANIMAL WELFARE ACT 1985 - SECT 13
ANIMAL WELFARE ACT 1985 - SECT 13
(a) a
person ill treats an animal; and
(b) the
ill treatment causes the death of, or serious harm to, the animal; and
(c) the
person intends to cause, or is reckless about causing, the death of, or
serious harm to, the animal,
the person is guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 4 years.
(2) A person who ill
treats an animal is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(3) Without limiting
the generality of subsection (1) or (2), a person ill treats an animal if
the person—
(a)
intentionally, unreasonably or recklessly causes the animal unnecessary harm;
or
(b)
being the owner of the animal—
(i)
fails to provide it with appropriate, and adequate, food,
water, living conditions (whether temporary or permanent) or exercise; or
(ii)
fails to take reasonable steps to mitigate harm suffered
by the animal; or
(iii)
abandons the animal; or
(iv)
neglects the animal so as to cause it harm; or
(c)
having caused the animal harm (not being an animal of which that person is the
owner), fails to take reasonable steps to mitigate the harm; or
(f)
causes the animal to be killed or injured by another animal; or
(g)
kills the animal in a manner that causes the animal unnecessary pain; or
(h)
unless the animal is unconscious, kills the animal by a method that does not
cause death to occur as rapidly as possible; or
(i)
carries out a medical or surgical procedure on the animal
in contravention of the regulations; or
(j) ill
treats the animal in any other manner prescribed by the regulations for the
purposes of this section.
(4) A person charged
with an offence against subsection (1) (the
"aggravated offence") may be convicted of an offence against
subsection (2) (the "lesser offence") if the court is not satisfied that
the aggravated offence has been established beyond reasonable doubt but is
satisfied that the lesser offence has been so established.
(5) It is a defence to
a charge of an offence against subsection (2) if the defendant proves
that the offence did not result from any failure on the part of the defendant
to take reasonable care to avoid the commission of the offence.
(6) In this
section—
"cause"—a person's act or omission causes the death of, or harm to, an
animal if the act or omission substantially contributes to the death or harm.