11Unlawful release of animal

11 Unlawful release of animal (a) releases an animal from another person’s custody or control; and (b) does not have the other person’s consent to release the animal; and (c) is reckless about whether the animal will be injured or killed.

(a) releases an animal from another person’s custody or control; and (b) does not have the other person’s consent to release the animal. Examples—par (a) 1 leaves the gate for a yard of cattle open 2 lets an animal out of a car 3 takes a dog off its lead (3) A person in charge of an animal commits an offence if the person— (a) keeps the animal on premises; and (b) fails to stop the animal escaping the premises. an animal is kept in a garden with an open gate (4) An offence against subsection (2) or (3) is a strict liability offence. (5) This section does not apply if the person has a reasonable excuse. Note A person acting honestly and without recklessness may release an animal locked in a motor vehicle in certain circumstances (see s 109A). (6) This section does not apply to a domestic cat if— (a) the cat is not required to be contained under territory law; and (b) the release of the cat is consistent with the reasonable management and control of the cat. mentioned in s (4) and (5) (see Criminal Code, s 58).