8Hitting or kicking animal

8 Hitting or kicking animal (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. (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. (4) An approval is a disallowable instrument. rule of racing means a rule made under the Racing Act 1999, section 19 or section 25.