sec.37Unlawfully allowing an animal to injure or kill another animal

sec.37 Unlawfully allowing an animal to injure or kill another animal

A person in control of an animal (the first animal ) must not unlawfully allow it to injure or kill another animal (the second animal ). Maximum penalty—300 penalty units or 1 year’s imprisonment. The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens— the first animal was under the person’s immediate supervision; and The first animal is within the person’s sight. the person— was aware of the second animal’s presence; and ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and did not take reasonable steps to prevent the injury or killing. If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. If the first animal is a cat, caging the cat while the second animal is vulnerable to it. s 37 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.37-ssec.1) A person in control of an animal (the first animal ) must not unlawfully allow it to injure or kill another animal (the second animal ). Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.37-ssec.2) The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens— the first animal was under the person’s immediate supervision; and The first animal is within the person’s sight. the person— was aware of the second animal’s presence; and ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and did not take reasonable steps to prevent the injury or killing. If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. If the first animal is a cat, caging the cat while the second animal is vulnerable to it.

• (a) the first animal was under the person’s immediate supervision; and Example of immediate supervision for paragraph (a) — The first animal is within the person’s sight.
• (b) the person— (i) was aware of the second animal’s presence; and (ii) ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and (iii) did not take reasonable steps to prevent the injury or killing. Examples of reasonable steps for subparagraph (iii) — 1 If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. 2 If the first animal is a cat, caging the cat while the second animal is vulnerable to it.
• (i) was aware of the second animal’s presence; and
• (ii) ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and