Australian Capital Territory Numbered Acts

ANIMAL WELFARE AMENDMENT ACT 2010 (NO. 14 OF 2010) - SECT 8

in part 3, insert

24A     Reckless failure to comply with mandatory code of practice

A person commits an offence if—

        (a)     a mandatory code of practice applies to the person; and

        (b)     the person fails to comply with a requirement of the mandatory code; and

        (c)     the person is reckless about whether the mandatory code is complied with.

Maximum penalty: 100 penalty units.

24B     Failure to comply with mandatory code of practice

    (1)     A person commits an offence if—

        (a)     a mandatory code of practice applies to the person; and

        (b)     the person fails to comply with a requirement of the mandatory code.

Maximum penalty: 50 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     Subsection (1) does not apply to a person if—

        (a)     a written direction has been given to the person under section 24C in relation to the requirement; and

        (b)     the person has complied with the direction.

24C     Direction to comply with mandatory code

    (1)     An inspector or authorised officer must give a person a written direction to rectify a breach of a mandatory code if the inspector or authorised officer believes on reasonable grounds that—

        (a)     the person is in breach of a requirement of the code; and

        (b)     the code applies to the person only in relation to a non-business activity engaged in by the person; and

        (c)     the person has not previously been convicted, or found guilty, of an offence under section 24A or section 24B for failing to comply with a requirement of the code.

    (2)     A direction must—

        (a)     state the requirement of the code that has been breached and the conduct constituting the breach; and

        (b)     state a reasonable time within which the direction must be complied with; and

        (c)     include a statement that the person may be prosecuted under section 24B if the person fails to comply with the direction.

    (3)     The inspector or authorised officer may withdraw a written direction if, after giving the direction to a person, the inspector or authorised officer discovers that the person has previously been convicted, or found guilty, of an offence under section 24A or section 24B.