Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
6A Definitions—pt 2
In this part:
"confine", an animal, means—
(a) enclose the animal in a pen, vehicle, cage, box or other container or small space; or
(b) otherwise limit or restrict the animal's freedom of movement, including by—
(i) tying up the animal; or
(ii) using a device on the animal; or
(iii) impairing the animal.
Examples—device
hood, bridle, tether
Example—impairing animal
clipping the feathers of a bird's wing
"cruelty", in relation to an animal, includes the following:
(a) doing, or not doing, something to an animal that causes, or is likely to cause, injury, pain, stress or death to the animal that is unjustifiable, unnecessary or unreasonable in the circumstances;
(b) abusing, terrifying or tormenting the animal.
"poison" includes glass or anything else that, if ingested by an animal, is likely to kill or injure the animal.
6B Failure to provide appropriate care
(1) A person in charge of an animal commits an offence if the person fails to give the animal—
(a) appropriate food; or
(b) appropriate water; or
(c) appropriate treatment for illness, disease or injury; or
(d) appropriate shelter or accommodation; or
(e) a clean and hygienic living environment; or
(f) appropriate grooming and maintenance; or
(g) appropriate exercise; or
(h) appropriate opportunities to display behaviour that is normal for the animal; or
(i) care that is appropriate for the animal's wellbeing.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) Subsection (1) does not apply if the person has a reasonable excuse.
Note 1 The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code
, s 58).
Note 2 If an inspector or authorised officer reasonably believes s (1) applies, the inspector or authorised officer may give a written direction to the person to give appropriate care to the animal (see s 85).
(3) In this section:
"appropriate", in relation to an animal, means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal.
"treatment "includes veterinary treatment, including preventative treatment, if a reasonable person would expect veterinary treatment to be sought in the circumstances.
6C Failure to provide animal with water or shelter
(1) A person in charge of an animal commits an offence if—
(a) the person keeps the animal on premises; and
(b) at any time when the animal is on the premises, the animal does not have access to water or shelter.
Maximum penalty: 25 penalty units.
(2) An offence against this section is a strict liability offence.
6D Failure to provide animal with hygienic environment
(1) A person in charge of an animal commits an offence if—
(a) the person keeps the animal on premises; and
(b) the place where the animal is kept is unhygienic for the animal.
Maximum penalty: 25 penalty units.
Examples
1 faeces not removed
2 vermin infestation
(2) An offence against this section is a strict liability offence.
6E Failure to properly groom and maintain animal
(1) A person in charge of an animal commits an offence if—
(a) the person fails to groom or maintain the animal; and
(b) the failure causes, or is likely to cause, injury, pain, stress or death to the animal.
Maximum penalty: 25 penalty units.
Examples
1 eye infection caused by hair growing over eyes
2 impairment caused by unclipped nails
3 skin irritation caused by flea infestation
(2) An offence against this section is a strict liability offence.
6F Failure to exercise dog
(1) A person in charge of a dog commits an offence if—
(a) the dog is confined so that it cannot exercise for a continuous period of 24 hours; and
(b) the dog is not exercised, or allowed to exercise itself, for—
(i) the next 2 hours; or
(ii) the next 1 hour and for another hour in the next 24 hour period.
Maximum penalty: 25 penalty units.
(2) In deciding if a dog is confined so that it cannot exercise, regard must be had to the dog's age, physical condition and size.
(3) Subsection (1) does not apply if—
(a) the dog is kept in a yard or residence in a way that it can move freely; or
(b) the dog needs to be confined for the dog's welfare.
Example—par (b)
a dog needs to be confined, on veterinary advice, after a surgical procedure
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
(4) An offence against this section is a strict liability offence.
6G Abandoning an animal
(1) A person in charge of an animal commits an offence if the person—
(a) abandons the animal; and
(b) either—
(i) knows no other person is able to care for, and consents to caring for, the animal; or
(ii) is reckless about whether another person is able to care for, and consents to caring for, the animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person in charge of an animal commits an offence if the person abandons the animal.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is a strict liability offence.