(1) A person commits an offence if—
(a) the person—
(i) hits an animal; or
(ii) kicks an animal; or
(iii) throws, or otherwise projects, something at an animal and hits the animal; and
(b) the action causes, or is likely to cause, the animal injury, pain, stress or death.
Maximum penalty: 25 penalty units.
(2) An offence against this section is a strict liability offence.
(3) This section does not apply to—
(a) a jockey using a whip on a horse in accordance with a rule of racing; or
(b) a rider of a horse reasonably using a whip, or the rider's foot, on the horse as part of an equestrian activity; or
(c) an animal handling practice approved by the Minister.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code
, s 58).
(4) An approval is a disallowable instrument.
Note A disallowable instrument must be notified under the Legislation Act
(5) In this section:
"rule of racing" means a rule made under the Racing Act 1999
, section 19 or section 25.