Criminal Code Act 1899

Any person who wilfully and unlawfully kills, maims, or wounds, any animal capable of being stolen is guilty of an indictable offence.

If the animal in question is stock, the offender is guilty of a crime, and is liable to imprisonment for 7 years.

In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for 2 years, or, if the offence is committed by night, to imprisonment for 3 years.

If the offender (whether guilty of a crime or a misdemeanour) kills or maims the animal and is sentenced to pay a fine in addition to, or instead of imprisonment, the fine shall be not less than the prescribed penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F, not less than that value, whichever is the higher amount, for every animal killed or maimed.

However, the fine imposed in respect of the offence shall not exceed 500 penalty units.

In this section—prescribed penalty units means—

for stock—10 penalty units; or

otherwise—8 penalty units.