3ACare or charge of animals

3A Care or charge of animals

[Section 3A Inserted by No. 26 of 2008, s. 5, Applied:29 Jul 2008]

(1)  For the purposes of this Act, a person is taken to have the care or charge of an animal if the person –

(a) is the owner of the animal; or

(b) has control, possession or custody of the animal; or

(c) is the operator or manager of the premises where the animal is held for commercial purposes; or

(d) is the owner, operator or manager of the land where the animal is being agisted, unless there is a written agreement to the contrary between the owner of the land and the owner of the animal; or

(e) has a share, as a share farmer, in the business in which the animal is owned or farmed; or

(f) is the chief executive officer or manager (by whatever title known), or a director, of a body corporate that owns the animal.

(1A)  [Section 3A Subsection (1A) inserted by No. 36 of 2022, s. 5, Applied:30 Nov 2022] For the purposes of subsection (1)(b) , an allegation contained in a complaint for an offence under this Act that states that a specified person had, or has, control, possession or custody of a specified animal is admissible as evidence in any legal proceedings as evidence of the matter stated.

(2)  One or more persons may have the care or charge of an animal.

(3)  For the purposes of proceedings for an offence against this Act –

(a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; and

(b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.

(4)  For the purposes of subsection (3) , a reference to "conduct" or "acting" includes a reference to failure to act.