13Baiting and luring

13 Baiting and luring S. 13(1) amended by Nos 77/1995 s. 10(1), 65/2007 s. 85(1), 71/2014 s. 4, substituted by No. 60/2015 s. 10(1). (1) A person must not keep, use or assist in the management of premises for the purpose of causing an animal to fight or for the baiting or maltreating of an animal. S. 13(1A) inserted by No. 60/2015 s. 10(1). (1A) A person must not allow or encourage an animal to fight with another animal whether or not of the same species. S. 13(1B) inserted by No. 60/2015 s. 10(1). (1B) A person must not cause or procure the release of an animal in circumstances where it will or is likely to be pursued, injured or killed by a dog. S. 13(1C) inserted by No. 60/2015 s. 10(1). (1C) A person must not cause, procure or permit an animal in captivity to be injured or killed by a dog. S. 13(1D) inserted by No. 60/2015 s. 10(1). (1D) A person must not use an animal as a lure or kill— S. 13(1E) inserted by No. 60/2015 s. 10(1). (1E) A person must not keep or have the custody, care or control of an animal for use as a lure or kill— S. 13(1F) inserted by No. 60/2015 s. 10(1). (1F) A person must not attend an event at which an animal is allowed or encouraged to fight with another animal, whether or not of the same species. Penalty: 120 penalty units. S. 13(1G) inserted by No. 60/2015 s. 10(1). (1G) A person, without reasonable excuse, must not attend an event or place where a person is using an animal as a lure or kill— Penalty: 120 penalty units. S. 13(2) amended by Nos 77/1995 s. 10(2), 74/2000 s. 3(Sch. 1 item 101), 103/2003 s. 35, 60/2015 s. 10(2). (2) In any prosecution under subsection (1), (1A), (1B), (1C), (1D) or (1E), evidence in writing by a veterinary practitioner who is employed, or who practises on his or her own behalf, as a veterinary pathologist that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack. S. 13(3) amended by No. 60/2015 s. 10(3). (3) In any prosecution under subsection (1D)— S. 13(3)(a) amended by Nos 68/2009 s. 97(Sch. item 95.1), 60/2015 s. 10(3). (a) evidence that the accused had the custody, care or control of an animal which appeared to have been used as a lure or kill in the manner referred to in subsection (1D) is prima facie evidence that the accused used the animal as a lure or kill in that manner; and (b) it is a defence if the person charged proves that— S. 13(3)(b)(i) amended by No. 60/2015 s. 10(3). (i) the animal was used as a lure or kill in the manner referred to in subsection (1D) without that person's knowledge or consent; or S. 13(3)(b)(ii) amended by No. 60/2015 s. 10(3). (ii) that person took all reasonable steps to prevent the animal being used as a lure or kill in the manner referred to in subsection (1D). S. 13(4) inserted by No. 83/2001 s. 3, amended by No. 65/2007 s. 85(2), substituted by No. 60/2015 s. 10(4). (4) In any prosecution under subsection (1E), evidence that the accused kept or had the custody, care or control of a prohibited animal (either alive or dead) at a place used for training or racing of any coursing dog is evidence, in the absence of evidence to the contrary, that the accused kept or had the custody, care or control of the animal for use as a lure or kill— S. 13(5) inserted by No. 60/2015 s. 10(4). (5) In subsection (4) ***prohibited animal*** means an animal of one of the following kinds— (a) rabbits; (b) possums; (c) piglets; (d) cats (other than a cat registered under the **Domestic Animals Act 1994** by the person who is being prosecuted or by the owner of the place used for training or racing of any coursing dog); (e) any other prescribed kind or class of animal. S. 14 amended by Nos 77/1995 s. 11, 65/2007 s. 86.