Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
16 Using unfit animal
(1) A person commits an offence if—
(a) the person uses an animal; and
(b) the animal is unfit for the use; and
(c) the person—
(i) knows the animal is unfit for the use; or
(ii) is negligent about whether the animal is fit for the use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person in charge of an animal commits an offence if—
(a) the person authorises the use of the animal; and
(b) the person—
(i) knows the animal is unfit for the use; or
(ii) is negligent about whether the animal is fit for the use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) A person commits an offence if—
(a) the person uses an animal; and
(b) the animal is unfit for the use.
Maximum penalty: 50 penalty units.
Examples
1 the animal has recently given birth
2 the animal is sick or injured
3 the animal is used in a children's petting zoo and is distressed by the contact
(4) An offence against subsection (3) is a strict liability offence.
(5) In this section:
"display", an animal—
(a) means to put an animal in a prominent place for the purposes of making the animal visible to people; and
(b) includes displaying an animal—
(i) for sale; or
(ii) in an exhibition.
"show", an animal, means to enter the animal in a show, sport, contest or competition.
"use", an animal, includes display, drive, ride, show or work the animal.
17 Violent animal activities
(1) A person commits an offence if the person takes part in a violent animal activity.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.
(2) A person commits an offence if the person—
(a) is at a place when a violent animal activity is happening; and
(b) knows, or ought to know, that the activity is happening.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) A person commits an offence if the person—
(a) is at a place where a violent animal activity happens within 2 hours before the activity happens; and
(b) knows, or ought to know, that the activity is happening at the place.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4) Subsections (2) and (3) do not apply if the person has a reasonable excuse.
(5) This section does not apply to—
(a) the rehabilitation of native animals for release into the wild in a way authorised under a territory law; or
(b) the keeping and display of animals whose normal diet includes live food; or
(c) the mustering and working of stock; or
(d) the hunting or control of animals in a way authorised under a Commonwealth or territory law; or
(e) the catching of fish in a way authorised under a Commonwealth or territory law; or
(f) the use of a trained animal to train or exercise another animal of the same species in accordance with accepted animal husbandry practice in relation to the animal.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code
, s 58).
(6) In this section:
"live baiting" means using an animal, whether alive or dead, to train another animal to chase real or simulated animals when racing or hunting.
"stock"—see the Stock Act 2005
, dictionary.
"takes part in"—a person takes part in an activity if the person does 1 or more of the following:
(a) organises or conducts the activity;
(b) promotes the activity;
(c) allows the activity to happen on premises, or in a place, owned or occupied by the person;
(d) provides an animal or thing to be used in relation to the activity;
(e) undertakes any other activity relating to the activity.
"use", an animal, includes capture, contain or release the animal.
"violent animal activity "means—
(a) the use of an animal to fight, injure or kill another animal; or
(b) live baiting.