PARKS AND RESERVES ACT 1895 - SECT 12B

PARKS AND RESERVES ACT 1895 - SECT 12B

12B .         Animals, evidentiary provisions as to

        (1)         Where in any proceedings, whether civil or penal, instituted by a Board any animal, whether registered under any Act or not so registered, is shown to have been habitually in the apparent ownership of any person, that person is deemed, unless he can show cause to the contrary, to have been and to continue to be the owner of that animal and liable for the control of that animal.

        (2)         It shall not be a defence in any proceedings, whether civil or penal, instituted by a Board in relation to an animal for the person who is registered under any Act as, or is otherwise found to be, the owner to show that at the material time the animal was not in his possession or control unless he also shows that the animal in question was in the actual possession or control of some other person without his consent.

        (3)         Where in any proceedings instituted by a Board in relation to an animal a person is alleged to have permitted any act or thing it shall be a defence to any prosecution that the contravention or non-compliance occurred without his knowledge, consent or connivance only if it is also shown that he exercised all due diligence to prevent it.

        [Section 12B inserted: No. 50 of 1978 s. 8; amended: No. 73 of 1994 s. 4.]