Australian Capital Territory Current Acts

ANIMAL WELFARE ACT 1992 - SECT 11

    (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).