Prohibited activities
9 Prohibited activities
A person must not take part in a prohibited activity.
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.
A person must not be present in a place at which a prohibited activity is occurring.
Maximum penalty:
in the case of a body corporate—$500 000;
in the case of an individual—$100 000 or imprisonment for
5 years.
For the purposes of subsection (2), if a person is present in a place at which a prohibited activity has occurred within the preceding 2 hours, the person will, in the absence of proof to the contrary, be taken to have been at the place at the time the prohibited activity occurred.
In proceedings for an offence against subsection (2), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that a prohibited activity was occurring in the place.
For the purposes of this section, the following are prohibited activities:
organised animal fights;
live baiting;
releasing an animal from captivity for the purpose of it then being hunted or killed (whether by a person or otherwise);
selling or supplying an animal to a person for the purpose of the animal being used in an activity referred to in a preceding paragraph;
keeping or preparing an animal for the purpose of using the animal in an activity referred to in a preceding paragraph;
any other act or activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited activity.
For the purposes of this section, a person takes
part in a prohibited activity if the person does 1 or more of the following:
organises the prohibited activity;
promotes the prohibited activity;
allows the prohibited activity to occur on premises, or in a place, owned or occupied by the person;
knowingly provides an animal or other thing used, or intended for use, in relation to the prohibited activity;
undertakes, without lawful excuse, any other activity relating to the prohibited activity.
For the purposes of this section, a reference to a part of an animal does not include a reference to a part of an animal that has been processed such that it no longer resembles a part of the relevant kind.
Note—
For
example, the skin of an animal which has been processed into a leather product.
In this section—
live baiting means an activity in which—
a live animal is introduced into an area for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals; or
the carcass or any part of an animal is introduced into an area or moved around an area (or both) for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals, but does not include an activity declared by the regulations to be excluded from the ambit of this definition;
organised animal fight means an event in which an animal is encouraged to fight with another animal.
This Act’s bill:Second reading speech
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