Australian Capital Territory Numbered Acts

ANIMAL WELFARE LEGISLATION AMENDMENT ACT 2019 (NO. 35 OF 2019) - SECT 103

in part 10, insert

109A     Rescuing animal at risk in locked vehicle

    (1)     This section applies if—

        (a)     an animal is locked in a motor vehicle; and

        (b)     the animal appears to be at risk of serious injury or death.

    (2)     A person does not incur criminal or civil liability if the person forcibly enters the motor vehicle, or assists another person to forcibly enter the motor vehicle, to release the animal.

    (3)     However, subsection (2) applies only if—

        (a)     the person is acting honestly and without recklessness; and

        (b)     there are no other reasonable options available to the person to avoid the serious injury or death of the animal; and

        (c)     the person's capacity to exercise appropriate care and skill is not significantly impaired by a recreational drug.

Example—par (b)

contacting the police or Access Canberra

    (4)     In this section:

"recreational drug" means a drug consumed voluntarily for non-medicinal purposes, and includes alcohol.