9Unlawful confinement of animal

9 Unlawful confinement of animal (a) the person confines an animal; and (b) the confinement causes, or is likely to cause, the animal injury, pain or death. (2) A person in charge of an animal commits an offence if— (a) the person confines the animal; and (b) the animal is not able to move in a way that is appropriate for the animal because of the confinement. Example an animal in a crate that cannot stand or turn around

(3) Subsection (2) does not apply if the person has a reasonable excuse. 1 an animal needs to be confined, on veterinary advice, after a surgical procedure 2 confining an injured animal before taking it to a vet 3 humanely clipping a chicken’s wing to stop it flying out of its enclosure 4 tethering a goat while feeding Note The defendant has an evidential burden in relation to the matter (4) A person in charge of an animal commits an offence if— (a) the person confines the animal in or on a vehicle; and (b) the confinement causes, or is likely to cause, the animal injury, pain, stress or death. Example locking an animal in a hot car (5) An offence against subsection (2) or (4) is a strict liability offence.