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ANIMAL CARE AND PROTECTION ACT 2001 - SECT 18 Animal cruelty prohibited

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 18

Animal cruelty prohibited

18 Animal cruelty prohibited

(1) A person must not be cruel to an animal.
Penalty—
Maximum penalty—2,000 penalty units or 3 years imprisonment.
Note—
This provision is an executive liability provision—see section 209 .
(2) Without limiting subsection (1) , a person is taken to be cruel to an animal if the person does any of the following to the animal
(a) causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable;
(b) beats it so as to cause the animal pain;
(c) abuses, terrifies, torments or worries it;
(d) overdrives, overrides or overworks it;
(e) uses on the animal an electrical device prescribed under a regulation;
(f) confines or transports it—
(i) without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or
(ii) when it is unfit for the confinement or transport; or
(iii) in a way that is inappropriate for the animal’s welfare; or
Examples for subparagraph (iii)—
• placing the animal, during the confinement or transport, with too few or too many other animals or with a species of animal with which it is incompatible
• not providing the animal with appropriate spells
• confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal
(iv) in an unsuitable container or vehicle;
(g) kills it in a way that—
(i) is inhumane; or
(ii) causes it not to die quickly; or
(iii) causes it to die in unreasonable pain;
(h) unjustifiably, unnecessarily or unreasonably—
(i) injures or wounds it; or
(ii) overcrowds or overloads it.