Ill treatment of animals etc
7 Ill treatment of animals etc
If—
a person ill treats an animal; and
the ill treatment causes the death of, or serious harm to, the animal;
and
the person intends to cause the death of, or serious harm to, the animal, the person is guilty of an offence.
Maximum penalty:
in the case of a body corporate—$1 000 000;
in the case of an individual—$250 000 or imprisonment for
10 years.
If—
a person ill treats an animal; and
the ill treatment causes the death of, or serious harm to, the animal;
and
the person is reckless about causing the death of, or serious harm to, the animal, the person is guilty of an offence.
Maximum penalty:
in the case of a body corporate—$750 000;
in the case of an individual—$175 000 or imprisonment for
7 years.
A person who ill treats an animal is guilty of an offence.
Maximum penalty:
in the case of a body corporate—$500 000;
in the case of an individual—$100 000 or imprisonment for
5 years.
Without limiting the generality of subsection (1),
or (3), a person ill treats an animal if the person—
intentionally, unreasonably or recklessly causes the animal unnecessary harm; or
being the owner of the animal—
fails to take reasonable steps to mitigate harm suffered by the animal; or
abandons the animal; or
causes the animal harm by neglecting the animal (including, for example, by failing to provide the animal with appropriate, and adequate, food, water, living conditions (whether temporary or permanent) or exercise); or
having caused the animal harm (not being an animal of which that person is the owner), fails to take reasonable steps to mitigate the harm; or
causes the animal to be killed or injured by another animal; or
kills the animal in a manner that causes the animal unnecessary pain; or
unless the animal is unconscious, kills the animal by a method that does not cause death to occur as rapidly as possible; or
carries out a medical or surgical procedure on the animal in contravention of the regulations; or
ill treats the animal in any other manner prescribed by the regulations for the purposes of this section.
A person charged with an offence against subsection (1) (the aggravated offence) may be convicted of an offence against subsection (2) or (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established.
A person charged with an offence against subsection (2) (the aggravated offence) may be convicted of an offence against subsection (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established.
It is a defence to a charge of an offence against subsection (3) if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
For the purposes of this section, a person abandons an animal if the person relinquishes care or charge of the animal without ensuring that another person has, or will immediately take, care or charge of the animal, including by—
deliberately abandoning the animal at a place; or
intentionally allowing the animal to escape; or
inappropriately releasing the animal into the wild.
In this section—
cause—a person's act or omission causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm.
This Act’s bill:Second reading speech
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