s.70Cruelty to animals an offence
70
Section 70Part 9 — Protection of Animals and Wild Life

Cruelty to animals an offence

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A person who —
beats, ill-treats, over-rides, over-drives, overloads, tortures, infuriates or terrifies an animal or causes or procures, or, being the owner, permits any animal to be so used;
by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, causes any unnecessary suffering or, being the owner, permits any unnecessary suffering to be so caused to any animal;
works, or causes to be worked, any domestic animal in such a condition as to be unfit for work, whether from emaciation, or from any gall, sore or otherwise, and whether or not that condition is caused by disease or deficient feeding;
wilfully, without any reasonable cause or excuse, administers or causes or procures, or, being the owner, permits, such administration of, any poisonous or injurious drug or substance to any animal, or wilfully, without any reasonable cause or excuse, causes any such substance to be taken by any animal;
subjects, causes or procures, or, being the owner permits, to be subjected, any animal to any operation which is performed without due care and humanity; or
tethers, confines or keeps any animal on a lead under such conditions or in such manner as to cause that animal unnecessary suffering,
commits an offence of cruelty and is liable on summary conviction to a fine of four thousand dollars and to imprisonment for one year.
A person who, being the owner or having charge or control of any animal, without reasonable cause or excuse, abandons it, whether permanently or not, in circumstances likely to cause the animal any unnecessary suffering or causes or procures or, being the owner, permits it to be so abandoned, commits an offence of cruelty and is liable on conviction to a fine of four thousand dollars and to imprisonment for one year.
The owner of an animal who leaves an animal on premises shall ensure that there is a person on the premises or a person who will visit the premises to maintain that animal, and that the animal —
has access to drinking water and food;
has access to accommodation which is suitable as regards drainage, size, cleanliness and ventilation;
is able to move freely; and
has reasonable shelter against the sun and rain.
An owner of an animal who contravenes subsection (3) commits an offence of cruelty and is liable on summary conviction to a fine of four thousand dollars and to imprisonment for one year.
For the purposes of subsection (2), an owner shall be considered to have permitted cruelty in relation to an animal within the meaning of this Act if the owner fails to exercise reasonable care and supervision in respect of the care and protection of the animal.
A person who —
sells, or offers or exposes for sale, or gives away, or causes or procures any person to sell or offer or expose for sale or give away, or knowingly be party to the sale or offering or exposing for sale or giving away of any grain or seed which has been rendered poisonous except for bona fide use in agriculture; or
knowingly puts or places, or causes any person to put or place, or knowingly be party to the putting or placing, in or upon any land or building of any poison, or any fluid or edible matter (not being sown seed or grain) which has been rendered poisonous,
commits an offence of cruelty and is liable on summary conviction to a fine of four thousand dollars and to imprisonment for one year.
In any proceedings relating to an offence under subsection (6), it shall be a defence of an accused that the poison was placed for the purpose of destroying insects and other invertebrates, rats, mice or other small ground vermin where such is found to be necessary in the interests of public health, public safety or agriculture, or the preservation of other animals, domestic or wild, or for the purpose of manuring the land, and that the accused took all necessary precautions to prevent injury to any other animal or to any person.
The Director or a person authorised by the Director, may use any prescribed poison to destroy any animal on any public or private land where it is necessary, in the opinion of the Director, in the interests of public health, public safety or agriculture, or to preserve other domestic or wild animals and, in using such poison, the Director or the person authorised by the Director shall use all necessary precautions to prevent injury to any other animal or to any person.
The Director shall, from time to time, issue guidance as to the manner in which an animal, while restrained by a chain or other means, may be able to move freely.

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