Animal Care and Protection Act 2001
sec.17Breach of duty of care prohibited
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sec.17 Breach of duty of care prohibited
A person in charge of an animal owes a duty of care to it. The person must not breach the duty of care. Maximum penalty— if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or otherwise—300 penalty units or 1 year’s imprisonment. See also section 9 . For subsection (2) , a person breaches the duty only if the person does not take reasonable steps to— provide the animal’s needs for the following in a way that is appropriate— food and water; accommodation or living conditions for the animal; to display normal patterns of behaviour; the treatment of disease or injury; or ensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate. In deciding what is appropriate, regard must be had to— the species, environment and circumstances of the animal; and the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken. a bushfire or another natural disaster a flood or another climatic condition s 17 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 4 ; 2022 No. 35 s 5 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.17-ssec.1) A person in charge of an animal owes a duty of care to it. (sec.17-ssec.2) The person must not breach the duty of care. Maximum penalty— if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or otherwise—300 penalty units or 1 year’s imprisonment. See also section 9 . (sec.17-ssec.3) For subsection (2) , a person breaches the duty only if the person does not take reasonable steps to— provide the animal’s needs for the following in a way that is appropriate— food and water; accommodation or living conditions for the animal; to display normal patterns of behaviour; the treatment of disease or injury; or ensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate. (sec.17-ssec.4) In deciding what is appropriate, regard must be had to— the species, environment and circumstances of the animal; and the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken. a bushfire or another natural disaster a flood or another climatic condition
- (a) if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or
- (b) otherwise—300 penalty units or 1 year’s imprisonment.
- (a) provide the animal’s needs for the following in a way that is appropriate— (i) food and water; (ii) accommodation or living conditions for the animal; (iii) to display normal patterns of behaviour; (iv) the treatment of disease or injury; or