Hitting or kicking animal

In force

(1)

A person commits an offence if—

(a)

the person—

(i)

hits an animal; or

(ii)

kicks an animal; or

(iii)

throws, or otherwise projects, something at an animal and hits the animal; and

(b)

the action causes, or is likely to cause, the animal injury, pain, stress or death.

Maximum penalty: 25 penalty units.

(2)

An offence against this section is a strict liability offence.

(3)

This section does not apply to—

(a)

a jockey using a whip on a horse in accordance with a rule of racing; or

(b)

a rider of a horse reasonably using a whip, or the rider’s foot, on the horse as part of an equestrian activity; or

(c)

an animal handling practice approved by the Minister.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

(4)

An approval is a disallowable instrument.

(5)

In this section:

rule of racing means a rule made under the Racing Act 1999, section 19 or section 25.

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