Northern Territory Numbered Acts

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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 29

Traps

    (1)     A person commits an offence if the person sets or uses a metal jawed trap or prohibited trap.

Maximum penalty:     100 penalty units.

    (2)     A person commits an offence if the person sells a metal jawed trap or prohibited trap.

Maximum penalty:     50 penalty units.

    (3)     A person commits an offence if the person possesses a metal jawed trap or prohibited trap.

Maximum penalty:     10 penalty units.

    (4)     An offence against subsection (1), (2) or (3) is an offence of strict liability.

    (5)     Subsections (1), (2) and (3) do not apply if:

    (a)     the trap is a bow trap or soft-jawed trap; or

    (b)     in relation to an offence against subsection (3), the trap is possessed solely for display, as a curio or as part of a collection.

Note for subsection (5)

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

    (6)     In this section:

"metal jawed trap "means a trap that is:

    (a)     made, adapted or used for trapping an animal; and

    (b)     designed so that the metal jaws close against each other when the trap is activated.

"prohibited trap "means a trap:

    (a)     made, adapted or used for trapping an animal; and

    (b)     prescribed by regulation to be a prohibited trap.



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