Australian Capital Territory Current Acts

ANIMAL WELFARE ACT 1992 - SECT 9

    (1)     A person commits an offence if—

        (a)     the person confines an animal; and

        (b)     the confinement causes, or is likely to cause, the animal injury, pain or death.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     A person in charge of an animal commits an offence if—

        (a)     the person confines the animal; and

        (b)     the animal is not able to move in a way that is appropriate for the animal because of the confinement.

Maximum penalty: 50 penalty units.

Example

an animal in a crate that cannot stand or turn around

    (3)     Subsection (2) does not apply if the person has a reasonable excuse.

Examples

1     an animal needs to be confined, on veterinary advice, after a surgical procedure

2     confining an injured animal before taking it to a vet

3     humanely clipping a chicken's wing to stop it flying out of its enclosure

4     tethering a goat while feeding

Note     The defendant has an evidential burden in relation to the matter mentioned in s (3) (see Criminal Code

, s 58).

    (4)     A person in charge of an animal commits an offence if—

        (a)     the person confines the animal in or on a vehicle; and

        (b)     the confinement causes, or is likely to cause, the animal injury, pain, stress or death.

Maximum penalty: 20 penalty units.

Example

locking an animal in a hot car

    (5)     An offence against subsection (2) or (4) is a strict liability offence.