Unlawful confinement of animal
9 Unlawful confinement of animal
A person commits an offence if—
the person confines an animal; and
the confinement causes, or is likely to cause, the animal injury, pain or death.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
A person in charge of an animal commits an offence if—
the person confines the animal; and
the animal is not able to move in a way that is appropriate for the animal because of the confinement.
Maximum penalty: 50 penalty units.
Example an animal in a crate that cannot stand or turn around
Subsection (2) does not apply if the person has a reasonable excuse.
Examples
1 an animal needs to be confined, on veterinary advice, after a surgical procedure
2 confining an injured animal before taking it to a vet
3 humanely clipping a chicken’s wing to stop it flying out of its enclosure
4 tethering a goat while feeding
The defendant has an evidential burden in relation to the matter mentioned in s (3) (see Criminal Code, s 58).
A person in charge of an animal commits an offence if—
the person confines the animal in or on a vehicle; and
the confinement causes, or is likely to cause, the animal injury, pain, stress or death.
Maximum penalty: 20 penalty units.
Example locking an animal in a hot car
An offence against subsection (2) or (4) is a strict liability offence.
This Act’s bill:Explanatory statement
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