(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.