sch.1-sec.445Unlawfully using stock

### sch.1-sec.445 Unlawfully using stock Any person who unlawfully uses an animal that is stock, without the consent of the person in lawful possession thereof, is guilty of a misdemeanour and is liable to imprisonment for 5 years, or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so used. However, the fine imposed in respect of the offence shall not exceed 455 penalty units. Without in any wise limiting the meaning of the term unlawfully uses , such term shall, for the purposes of this section, also mean and include the unlawful possession, by any person, of any animal that is stock, without the consent of the person in lawful possession thereof, and with intent to deprive the owner or person in lawful possession thereof of the use and/or possession of the animal, either temporarily or permanently. It is a defence to a charge of an offence defined in this section to prove that the accused person had the lawful consent of the owner to the use or possession by the person of the animal in question. sch 1 pt 6 div 1 ch 44 ch div 2 s 445 amd 1931 22 Geo 5 No. 40 s 15; 1961 10 Eliz 2 No. 11 s 20; 1986 No. 1 s 41 ; 1988 No. 88 s 5 sch 2 ; 2002 No. 23 s 17 ; 2014 No. 13 s 7 (sch.1-sec.445-ssec.1) Any person who unlawfully uses an animal that is stock, without the consent of the person in lawful possession thereof, is guilty of a misdemeanour and is liable to imprisonment for 5 years, or to a fine of not less than 4 penalty units or, where in respect of the animal in question a value is determined in accordance with the provisions of the regulations made pursuant to section 450F , of not less than that value, whichever is the higher amount, for every animal so used. (sch.1-sec.445-ssec.2) However, the fine imposed in respect of the offence shall not exceed 455 penalty units. (sch.1-sec.445-ssec.3) Without in any wise limiting the meaning of the term unlawfully uses , such term shall, for the purposes of this section, also mean and include the unlawful possession, by any person, of any animal that is stock, without the consent of the person in lawful possession thereof, and with intent to deprive the owner or person in lawful possession thereof of the use and/or possession of the animal, either temporarily or permanently. (sch.1-sec.445-ssec.4) It is a defence to a charge of an offence defined in this section to prove that the accused person had the lawful consent of the owner to the use or possession by the person of the animal in question.