Queensland Consolidated Acts

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ANIMAL CARE AND PROTECTION ACT 2001 - SECT 17

17 Breach of duty of care prohibited

(1) A person in charge of an animal owes a duty of care to it.

(2) The person must not breach the duty of care.

Maximum penalty--300 penalty units or 1 year's imprisonment.

(3) For subsection (2), a person breaches the duty only if the person does not take reasonable steps to--

(a) provide the animal's needs for the following in a way that is appropriate--
(i) food and water;
(ii) accommodation or living conditions for the animal;
(iii) to display normal patterns of behaviour;
(iv) the treatment of disease or injury; or
(b) ensure any handling of the animal by the person, or caused by the person, is appropriate.

(4) In deciding what is appropriate, regard must be had to--

(a) the species, environment and circumstances of the animal; and
(b) the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken.
Examples of things that may be a circumstance for subsection (4)(b)--
a bushfire or another natural disaster
a flood or another climatic condition


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