Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 28

Laying poison

    (1)     A person commits an offence if the person:

    (a)     intentionally lays a substance; and

    (b)     knows the substance is poison; and

    (c)     intends to:

        (i)     kill an animal; or

        (ii)     cause suffering to an animal; or

        (iii)     contribute to an animal's suffering.

Maximum penalty:     100 penalty units or imprisonment for 12 months.

    (2)     A person commits an offence if:

    (a)     the person intentionally lays a substance; and

    (b)     the person knows the substance is poison; and

    (c)     an animal is killed as a result and the person is reckless in relation to that result.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (3)     A person commits an offence if:

    (a)     the person intentionally lays a substance; and

    (b)     the person knows the substance is poison; and

    (c)     an animal suffers as a result and the person is reckless in relation to that result.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (4)     A person commits an offence if:

    (a)     the person lays poison; and

    (b)     there is a reasonable likelihood that the poison will kill or cause suffering to an animal.

Maximum penalty:     20 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     It is a defence to a prosecution for an offence against subsection (4) if the defendant took all reasonable steps to avoid killing or causing suffering to animals.

    (7)     Subsections (1), (2), (3) and (4) do not apply to any conduct or circumstance excluded from the offence by regulation.

Note for subsection (7)

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



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