Northern Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 24

Cruelty to an animal

    (1)     A person commits an offence if:

    (a)     the person intentionally engages in conduct; and

    (b)     the conduct results in the suffering of an animal, or additional suffering of an animal, and the person is reckless in relation to that result; and

    (c)     the suffering is unjustifiable, unnecessary or unreasonable and the person is reckless in relation to that circumstance.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (2)     A person commits an offence if:

    (a)     the person intentionally beats an animal; and

    (b)     the beating causes the animal harm.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (3)     A person commits an offence if the person intentionally abuses or tortures an animal.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (4)     A person commits an offence if:

    (a)     the person intentionally injures or wounds an animal; and

    (b)     that conduct is unjustifiable, unnecessary or unreasonable in the circumstances.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (5)     A person commits an offence if:

    (a)     the person intentionally engages in conduct in relation to an animal; and

    (b)     the conduct is prescribed by regulation to constitute cruelty.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (6)     A person commits an offence if:

    (a)     the person is in control of an animal; and

    (b)     the animal is suffering and the person knows that it is suffering; and

    (c)     the person intentionally fails to take action that:

        (i)     is reasonable in the circumstances; and

        (ii)     the person knows would alleviate the animal's suffering.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

Examples for subsection (6)(c)

1     The person does not obtain necessary veterinary treatment for the animal.

2     The person does not destroy a suffering animal so it dies quickly without further suffering.

    (7)     A person commits an offence if the person intentionally:

    (a)     docks the tail of an animal; or

    (b)     crops the ears of an animal; or

    (c)     removes the claws of an animal; or

    (d)     removes the voice of an animal; or

    (e)     engages in horse firing.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (8)     Subsection (7) does not apply if the person is a veterinarian who believes on reasonable grounds that the procedure is a reasonable and necessary therapeutic measure for the treatment or welfare of the animal.

Note for subsection (8)

The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).

    (9)     Absolute liability applies to subsection (5)(b).

    (10)     Strict liability applies to subsections (1)(b), (2)(b), (4)(b) and (6)(a) and (c)(i).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback