25Aggravated cruelty

25 Aggravated cruelty (1) The following are circumstances of aggravation for an offence against section 24: (a) the conduct results in serious harm to, or the death of, the animal; (b) the person intends, or is reckless about, the conduct causing or contributing to a result of either serious harm or death. (2) The maximum penalty specified in this subsection applies to an offence against section 24 if the circumstances of aggravation applies to the offence. Maximum penalty: 500 penalty units or imprisonment for 5 years.

Animal Protection Act 2018 18 serious harm, in relation to an animal, means harm that: (a) endangers the animal's life; or (b) causes or contributes to such serious injury, serious disease or severe physical condition that it would be cruel not to destroy the animal; or (c) causes serious and protracted impairment of a physical or mental function of the animal.