36Offences

36 Offences S. 36(1) amended by Nos 77/1995 s. 30(3), 103/2003 s. 41, 65/2007 s. 103(1), 60/2012 s. 45, 60/2015 s. 46(1). (1) A person who does or omits to do any act with the result that unreasonable pain or suffering is caused to any animal kept at a premises in respect of which a licence has been issued under this Part or used for the purpose of carrying out a scientific procedure, is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 240 penalty units or imprisonment for 12 months, or, in the case of a body corporate, 600 penalty units. S. 36(2) amended by Nos 77/1995 s. 30(3), 65/2007 s. 103(2), 60/2015 s. 46(2). (2) A person who carries out any surgical operation on an animal unless— (a) during the entire length of the operation, the animal is under the influence of an anaesthetic so as to be insensible to any pain it might otherwise have suffered; and (b) the operation is carried out in accordance with any relevant Code of Practice— is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 240 penalty units or imprisonment for 12 months, or, in the case of a body corporate, 600 penalty units. S. 36(3) amended by Nos 77/1995 s. 30(3), 65/2007 s. 103(3), 60/2015 s. 46(3). (3) If an animal has been so injured in the course of a scientific procedure that it would seriously suffer if it remained alive, a person who fails to destroy the animal painlessly is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 500 penalty units or imprisonment for 2 years, or, in the case of a body corporate, 1200 penalty units. S. 37 repealed by No. 65/2007 s. 104. Pt 3AA (Headings and ss 36A–36V) inserted by No. 60/2015 s. 47. Part 3AA—Enforcement for Part 3 Division 1—Monitoring compliance S. 36A inserted by No. 60/2015 s. 47.