(1) A person must not
be cruel to an animal.
Penalty: Minimum
— $2 000.
Maximum — $50
000 and imprisonment for 5 years.
(2) Without limiting
subsection (1) a person, whether or not the person is a person in charge of
the animal, is cruel to an animal if the person —
(a)
tortures, mutilates, maliciously beats or wounds, abuses, torments, or
otherwise ill-treats, the animal; or
(b) uses
a prescribed inhumane device on the animal; or
(c)
intentionally or recklessly poisons the animal; or
(d) does
any prescribed act to, or in relation to, the animal; or
(e) in
any other way causes the animal unnecessary harm.
(3) Without limiting
subsection (1) a person in charge of an animal is cruel to an animal if the
animal —
(a) is
transported in a way that causes, or is likely to cause, it unnecessary harm;
or
(b) is
confined, restrained or caught in a manner that —
(i)
is prescribed; or
(ii)
causes, or is likely to cause, it unnecessary harm;
or
(c) is
worked, driven, ridden or otherwise used —
(i)
when it is not fit to be so used or has been over used;
or
(ii)
in a manner that causes, or is likely to cause, it
unnecessary harm;
or
(d) is
not provided with proper and sufficient food or water; or
(e) is
not provided with such shelter, shade or other protection from the elements as
is reasonably necessary to ensure its welfare, safety and health; or
(f) is
abandoned, whether at the place where it is normally kept or elsewhere; or
(g) is
subjected to a prescribed surgical or similar operation, practice or activity;
or
(h)
suffers harm which could be alleviated by the taking of reasonable steps; or
(i)
suffers harm as a result of a prescribed act being
carried out on, or in relation to, it; or
(j) is,
in any other way, caused unnecessary harm.