9Cruelty

9 Cruelty S. 9(1) amended by Nos. 65/2007 s. 80(b)(c), 75/2011 s. 25, 60/2015 s. 5(2). (1) A person who— (a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, worries, torments or terrifies an animal; or S. 9(1)(b) amended by No. 77/1995 s. 7(1)(b), substituted by No. 76/2005 s. 27(a). (b) loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes*,* or is likely to cause*,* unreasonable pain or suffering to the animal; or S. 9(1)(c) substituted by No. 76/2005 s. 27(b). (c) does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal; or S. 9(1)(d) amended by No. 77/1995 s. 7(1)(c). (d) drives, conveys, carries or packs an animal in a manner or position or in circumstances which subjects or subject, or is likely to subject, it to unnecessary pain or suffering; or S. 9(1)(e) substituted by No. 76/2005 s. 27(c). (e) works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal; or S. 9(1)(f) amended by No. 77/1995 s. 7(1)(d), substituted by No. 76/2005 s. 27(d). (f) is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with proper and sufficient food, drink or shelter; or S. 9(1)(g) substituted by No. 60/2015 s. 5(1). (g) sells, offers for sale, purchases, drives or conveys an animal that appears to be unfit (because of weakness, emaciation, injury or disease) to be sold, purchased, driven or conveyed; or (h) abandons an animal of a species usually kept in a state of confinement or for a domestic purpose; or S. 9(1)(i) amended by No. 77/1995 s. 7(1)(e), substituted by No. 76/2005 s. 27(e). (i) is the owner or the person in charge of a sick or injured animal and unreasonably fails to provide veterinary or other appropriate attention or treatment for the animal; or S. 9(1)(j) amended by Nos 52/1994 s. 97(Sch. 3 item 23.2), 20/2016 s. 151, 34/2019 s. 53. (j) other than in accordance with the **Catchment and Land Protection Act 1994**, the **Wildlife Act 1975** or the **Drugs, Poisons and Controlled Substances Act 1981**, intentionally administers to an animal or lays a bait for the animal containing— (i) a poison; or (ii) any other substance which, when administered to that type of animal, has a harmful effect on the animal; or (k) uses spurs with sharpened rowels on an animal; or S. 9(1)(l) amended by Nos 68/1987 s. 26(a), 74/2000 s. 3(Sch. 1 item 101), substituted by No. 65/2007 s. 80(a). (l) carries out a prohibited procedure on an animal— S. 9(1)(la) inserted by No. 68/1987 s. 26(b), amended by No. 11/2002 s. 3(Sch. 1 item 54), repealed by No. 65/2007 s. 80(a). S. 9(1)(m) amended by No. 74/2000 s. 3(Sch. 1 item 101), repealed by No. 65/2007 s. 80(a). commits an act of cruelty upon that animal and is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 250 penalty units or imprisonment for 12 months or, in the case of a body corporate, 600 penalty units. S. 9(2) inserted by No. 77/1995 s. 7(2). (2) It is a defence to a charge under subsection (1) against an owner of an animal to prove that, at the time of the alleged offence, the owner had entered into an agreement with another person by which the other person agreed to care for the animal.