26Humane destruction of sheep

26 Humane destruction of sheep

(1)  A person who has the care or charge of a sheep must not cause, or allow, the sheep to be destroyed unless the destruction is carried out humanely by –

(a) a veterinary surgeon; or

(b) a person with practical training and experience in sheep husbandry and the humane destruction of sheep; or

(c) a person who is acting under the direct supervision of a person referred to in paragraph (a) or (b) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2)  It is a defence in proceedings for an offence under subregulation (1) in respect of a sheep if the defendant establishes that –

(a) the sheep was humanely destroyed; and

(b) it was not possible to find a person referred to in either subregulation (1)(a) or (b) within a reasonable period; and

(c) the delay in waiting for a person referred to in subregulation (1)(a) or (b) would have caused undue suffering to the sheep.

(3)  A person who has taken an action to destroy a sheep must take all reasonable steps to confirm that the sheep is dead.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(4)  A person must not kill a sheep by a blow to the forehead if –

(a) the sheep weighs 10 kilograms or more; or

(b) there is a firearm, captive bolt or lethal injection available to humanely destroy the sheep.

Penalty:  In the case of –