Australian Capital Territory Numbered Acts

ANIMAL WELFARE LEGISLATION AMENDMENT ACT 2019 (NO. 35 OF 2019) - SECT 12

substitute

10     Assisting injured animal

    (1)     A person commits an offence if the person—

        (a)     injures an animal; and

        (b)     does not take reasonable steps to assist with the animal's injury.

Examples

1     contacting a relevant person

2     seeking veterinary treatment

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if—

        (a)     the person injures a mammal; and

        (b)     the person knows, or ought to know because of the circumstances, the animal is injured; and

        (c)     the person is not a person in charge of the animal; and

        (d)     the person fails to tell a relevant person, within 2 hours after the injury—

              (i)     that the animal is injured; and

              (ii)     the location where the animal was injured.

Maximum penalty: 20 penalty units.

Example—circumstances

if a car hits a mammal—the size of the animal, witness accounts that the driver swerved or braked to avoid the animal or stopped after hitting the animal

    (3)     An offence against subsection (2) is a strict liability offence.

    (4)     In this section:

"Access Canberra" means the business unit known as Access Canberra.

Note     If the name of Access Canberra changes, the reference to Access Canberra is taken to be a reference to its new name (see Legislation Act

, s 183).

"relevant person" means—

        (a)     if a domestic animal was injured—a person in charge of the animal; or

        (b)     the authority; or

        (c)     an inspector; or

        (d)     Access Canberra.

11     Unlawful release of animal

    (1)     A person commits an offence if the person—

        (a)     releases an animal from another person's custody or control; and

        (b)     does not have the other person's consent to release the animal; and

        (c)     is reckless about whether the animal will be injured or killed.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person commits an offence if the person—

        (a)     releases an animal from another person's custody or control; and

        (b)     does not have the other person's consent to release the animal.

Maximum penalty: 50 penalty units.

Examples—par (a)

1     leaves the gate for a yard of cattle open

2     lets an animal out of a car

3     takes a dog off its lead

    (3)     A person in charge of an animal commits an offence if the person—

        (a)     keeps the animal on premises; and

        (b)     fails to stop the animal escaping the premises.

Maximum penalty: 50 penalty units.

Example—par (b)

an animal is kept in a garden with an open gate

    (4)     An offence against subsection (2) or (3) is a strict liability offence.

    (5)     This section does not apply if the person has a reasonable excuse.

Note     A person acting honestly and without recklessness may release an animal locked in a motor vehicle in certain circumstances (see s 109A).

    (6)     This section does not apply to a domestic cat if—

        (a)     the cat is not required to be contained under territory law; and

        (b)     the release of the cat is consistent with the reasonable management and control of the cat.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) and (5) (see Criminal Code

, s 58).