8Cruelty to animals

8 Cruelty to animals

(1)  A person must not do any act, or omit to do any duty, which causes or is likely to cause unreasonable and unjustifiable pain or suffering to an animal.

Penalty:  [Section 8 Subsection (1) amended by No. 13 of 2002, s. 6, Applied:25 Jun 2002] In the case of –

(a) [Section 8 Subsection (1) amended by No. 26 of 2008, s. 7, Applied:29 Jul 2008] a body corporate, a fine not exceeding 500 penalty units; or

(b) [Section 8 Subsection (1) amended by No. 26 of 2008, s. 7, Applied:29 Jul 2008] a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  Without limiting the generality of subsection (1) , a person is guilty of an offence under that subsection if the person –

(a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, torments or terrifies an animal; or

(b) overloads or overcrowds an animal; or

(c) [Section 8 Subsection (2) amended by No. 36 of 2022, s. 6, Applied:30 Nov 2022] drives, conveys, carries or packs an animal in a manner or position or in circumstances that subjects or may subject it to unreasonable and unjustifiable pain or suffering; or

(d) works, rides, drives or uses an animal when it is unfit for the purpose; or

(e) [Section 8 Subsection (2) amended by No. 26 of 2008, s. 7, Applied:29 Jul 2008] has possession or custody of an animal that is confined, constrained or otherwise unable to provide for itself and fails to provide the animal with appropriate and sufficient food, drink, shelter or exercise; or

(f) abandons an animal of a species usually kept in a state of confinement or for domestic purposes; or

(g) has possession or custody of a sick or injured animal and fails to provide veterinary or other appropriate treatment for the animal; or