Prohibited activities
32 Prohibited activities
A person commits an offence if:
the person is in control of an animal; and
(b) the person intentionally uses the animal, or intentionally permits the animal to be used, for an activity; and
(c) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
A person commits an offence if:
(a) the person intentionally organises, promotes, advertises or conducts an activity; and
(b) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person is the owner, manager or occupier of premises; and
(b) the person intentionally permits the premises to be used for an activity; and
(c) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
Strict liability applies to subsections (1)(a) and (3)(a).
A person commits an offence if:
the person intentionally attends an activity; and
(b) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units.
(6) Subsections (1), (2), (3) and (5) do not apply in relation to the following conduct:
the rehabilitation of native animals for release into the wild;
(b) the keeping and display of animals the normal diets of which include live food;
(ba) the feeding of live food to animals if that live food is their normal diet and essential to their survival;
the mustering and working of stock animals;
the use of horses and cattle at a campdraft event;
the use of bovine and equine animals at a rodeo.
Note for subsection (6)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
In this section:
campdraft event means a competition or public event that involves a person riding a horse to work cattle for sport.
prohibited activity means any of the following:
(a) a match, competition or other activity in which an animal is released from confinement for the purpose of being hunted, caught, confined, killed or caused suffering by a person or another animal;
the use of an animal to fight a person or another animal;
the use of an animal as a lure for blooding greyhounds;
the killing of an animal for the purpose of blooding greyhounds.
rodeo means a competition or public event that involves:
the riding or bucking of bovine or equine animals; or
(b) the catching, wrestling, roping or tying of bovine or equine animals; or
any combination of those activities.
This Act’s bill:Explanatory statementSecond reading speech
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