22Animals on Trust land

22 Animals on Trust land

(1) A person commits an offence if the person causes or allows an animal owned by, or in the charge of, the person to enter or remain in any of the following places on Trust land: (a) Cockatoo Island; (b) North Head Sanctuary; (c) Georges Heights Oval; (d) Middle Head Oval; (e) Drill Hall Common; (f) a building.

Penalty: 10 penalty units.

(2) Subsection (1) does not apply to an assistance animal that: (a) is being used by a person with disability; and (b) is at all times restrained on a lead or by other reasonable means.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) A person commits an offence if: (a) the person causes or allows an animal owned by, or in the charge of, the person to enter or remain in a place on Trust land, other than a place mentioned in subsection (1); and (b) the animal is not at all times restrained on a lead or by other reasonable means.

Penalty: 10 penalty units.

(4) A person commits an offence if the person: (a) brings an animal onto, or has charge of an animal on, Trust land; and (b) fails to remove the animal from Trust land: (i) if the person lives on Trust land—when the person ceases to live there; or (ii) in any other case—when the person leaves Trust land.

Penalty: 10 penalty units.

(5) Strict liability applies to subsections (1), (3) and (4).

Note: For general circumstances in which an activity will not constitute an offence, see section 13.