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ANIMAL WELFARE ACT 2002 - SECT 20

ANIMAL WELFARE ACT 2002 - SECT 20

20 .         Defence — self-defence or protecting another person or an animal

        (1)         Subject to subsections (2) and (3), it is a defence to a charge under section 19 for a person to prove that —

            (a)         the animal was attacking, or threatening to attack, the person, another person or another animal; and

            (b)         the person was defending himself or herself, another person or an animal against the attack or threatened attack; and

            (c)         the person did not use more force than was reasonably necessary.

        (2)         Subsection (1) does not provide a defence to a person who, in the course of, or for the purpose of, committing an unlawful act, enters or attempts to enter a place or vehicle —

            (a)         of which the person who has actual physical custody or control of the animal is the occupier or a guard; or

            (b)         occupied by the animal.

        (3)         Subsection (1) does not provide a defence to a person if —

            (a)         the person provoked the attack or threatened attack; or

            (b)         the person permitted or encouraged another animal to attack or threaten the animal the subject of the charge; or

            (c)         the animal the subject of the charge was being used by —

                  (i)         a police officer; or

                  (ii)         a prison officer under the Prisons Act 1981 ; or

                  (iii)         a member of —

                        (I)         the armed forces of the Commonwealth; or

        (II)         the Australian Federal Police; or

        (III)         the Australian Quarantine and Inspection Service; or

        (IV)         the Australian Customs Service,

                in the course of his or her duties and the use of the animal was not unreasonable in the circumstances.