Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 9

Cruelty

9. Cruelty





(1) A person who-

   (a)  wounds, mutilates, tortures, overrides, overdrives, overworks, abuses,
        beats, worries, torments or terrifies an animal; or

   (b)  loads, crowds or confines an animal where the loading, crowding or
        confinement of the animal causes, or is likely to cause, unreasonable
        pain or suffering to the animal; or

   (c)  does or omits to do an act with the result that unreasonable pain or
        suffering is caused, or is likely to be caused, to an animal; or

   (d)  drives, conveys, carries or packs an animal in a manner or position or
        in circumstances which subjects or subject, or is likely to subject,
        it to unnecessary pain or suffering; or

   (e)  works, rides, drives or uses an animal when it is unfit for the
        purpose with the result that unreasonable pain or suffering is caused
        to an animal; or

   (f)  is the owner or the person in charge of an animal which is confined or
        otherwise unable to provide for itself and fails to provide the animal
        with proper and sufficient food, drink or shelter; or

   (g)  sells, offers for sale, purchases, drives or conveys a calf, which
        appears to be unfit because of weakness, to be sold or purchased or to
        be driven or conveyed to its intended destination; or

   (h)  abandons an animal of a species usually kept in a state of confinement
        or for a domestic purpose; or

        (i)    is the owner or the person in charge of a sick or injured
               animal and unreasonably fails to provide veterinary or other
               appropriate attention or treatment for the animal; or



   (j)  other than in accordance with the
        Catchment and Land Protection Act 1994, the Wildlife Act 1975 or the
        Drugs, Poisons and Controlled Substances Act 1981, intentionally
        administers to an animal or lays a bait for the animal containing-

   (i)  a poison; or

   (ii) any other substance which, when administered to that type of animal,
        has a harmful effect on the animal; or

   (k)  uses spurs with sharpened rowels on an animal; or

   (l)  carries out a prohibited procedure on an animal-







* * * * *







* * * * *





commits an act of cruelty upon that animal and is guilty of an offence and is
liable to a penalty of not more than, in the case of a natural person, 120
penalty units or imprisonment for 12 months or, in the case of a body
corporate, 600 penalty units.

(2) It is a defence to a charge under subsection (1) against an owner of an
animal to prove that, at the time of the alleged offence, the owner had
entered into an agreement with another person by which the other person agreed
to care for the animal.