2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment)

An Act to amend the Animal Welfare Act 1992, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Animal Welfare Amendment Act 2006.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Animal Welfare Act 1992.

Note This Act also amends the following legislation:

• Domestic Animals Act 2000 (see s 5)

• Domestic Violence and Protection Orders Act 2001 (see s 6).

(1) A person commits an offence if—

(a) the person commits an act of cruelty on an animal; and

(b) the act causes the death of the animal; and

(c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(2) A person commits an offence if—

(a) the person commits an act of cruelty on an animal; and

(b) the act causes serious injury to the animal; and

(c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(3) In this section:

causes death or serious injury—a person’s act causes death or serious injury if it substantially contributes to the death or injury.

serious injury, to an animal, means any injury (including the cumulative effect of more than 1 injury) that—

(a) endangers, or is likely to endanger, the animal’s life; or

(b) is, or is likely to be, significant and longstanding.

(1) This section applies if, in a prosecution for an offence against section 7A (Aggravated cruelty), the trier of fact is not satisfied that the defendant committed the offence, but is satisfied beyond reasonable doubt that the defendant committed an offence against section 7 (Cruelty).

(2) The trier of fact may find the defendant guilty of the offence against section 7, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

animal welfare offence means an offence against any of the following provisions of the Animal Welfare Act 1992:

(a) section 7 (Cruelty);

(b) section 7A (Aggravated cruelty);

(c) section 8 (Pain);

(d) section 9 (Confined animals);

(e) section 10 (Alleviation of pain);

(f) section 11 (Release);

(g) section 12 (Administering poison);

(h) section 12A (Laying poison);

(i) section 13 (Electrical devices);

(j) section 14 (Spurs);

(k) section 15 (Transport and containment);

(l) section 15A (Transport of dogs);

(m) section 16 (Working etc unfit animals);

(n) section 17 (Matches, competitions and baiting);

(o) section 19 (Medical and surgical procedures—people other than veterinary surgeons).

animal violence offence means an offence against any of the following provisions of the Animal Welfare Act 1992:

(a) section 7 (Cruelty);

(b) section 7A (Aggravated cruelty);

(c) section 8 (Pain);

(d) section 12 (Administering poison);

(e) section 12A (Laying poison);

(f) section 13 (Electrical devices).

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.