23Humane destruction of livestock

23 Humane destruction of livestock

(1)  A person must not destroy an animal under these regulations unless the destruction of the animal is carried out humanely by –

(a) a veterinary surgeon; or

(b) a competent person; 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)  A person who is required under these regulations to arrange for the humane destruction of an animal must destroy the animal without unreasonable delay.

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.

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

(a) the animal was humanely destroyed; and

(b) it was not possible to find a vet or competent person within a reasonable time; and

(c) the delay in waiting for a vet or competent person would have caused undue suffering to the animal being humanely destroyed.

(4)  A person humanely destroying an animal must take all reasonable steps –

(a) to ensure that the animal is dead; or

(b) to ensure the death of the animal.

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.