Exhibited Animals Act 2015
sec.16Meaning of responsible person for an exhibited animal
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sec.16 Meaning of responsible person for an exhibited animal
A person is a responsible person for an exhibited animal if the person— exhibits or deals with the animal; or employs another person to exhibit or deal with the animal, if the other person exhibits or deals with the animal within the scope of the employment; or is the holder of an exhibited animal authority for the animal; or owns or has a lease, licence or other proprietary interest in the animal. See, however, section 6 that states this Act does not apply to the State for particular animals only because they are the property of the State. Despite subsection (1) (a) and (b) , a person is not a responsible person for an animal because the person records the animal’s image or employs someone else to record the animal’s image unless the person is otherwise a responsible person for the animal under this section. A person goes to a zoo as a member of the public and photographs an animal being displayed at the zoo. The person is not a responsible person for the animal only because the person photographs the animal. If an exhibited animal is seized under chapter 6 , part 3 , division 4 and, immediately before the seizure, a person was a responsible person for the animal under subsection (1) (a) or (b) , the person continues to be a responsible person for the animal. Despite subsection (1) (d) , a person who holds a mortgage or other security interest in an exhibited animal only becomes a responsible person for the animal if the person takes a step to enforce the mortgage or other security. In this section— employs includes engages under a contract for services. (sec.16-ssec.1) A person is a responsible person for an exhibited animal if the person— exhibits or deals with the animal; or employs another person to exhibit or deal with the animal, if the other person exhibits or deals with the animal within the scope of the employment; or is the holder of an exhibited animal authority for the animal; or owns or has a lease, licence or other proprietary interest in the animal. See, however, section 6 that states this Act does not apply to the State for particular animals only because they are the property of the State. (sec.16-ssec.2) Despite subsection (1) (a) and (b) , a person is not a responsible person for an animal because the person records the animal’s image or employs someone else to record the animal’s image unless the person is otherwise a responsible person for the animal under this section. A person goes to a zoo as a member of the public and photographs an animal being displayed at the zoo. The person is not a responsible person for the animal only because the person photographs the animal. (sec.16-ssec.3) If an exhibited animal is seized under chapter 6 , part 3 , division 4 and, immediately before the seizure, a person was a responsible person for the animal under subsection (1) (a) or (b) , the person continues to be a responsible person for the animal. (sec.16-ssec.4) Despite subsection (1) (d) , a person who holds a mortgage or other security interest in an exhibited animal only becomes a responsible person for the animal if the person takes a step to enforce the mortgage or other security. (sec.16-ssec.5) In this section— employs includes engages under a contract for services.