(1) A person commits an offence if:
(a) the person is in control of an animal; and
(b) the person intentionally uses the animal, or intentionally permits the animal to be used, for an activity; and
(c) the activity is a prohibited activity 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 organises, promotes, advertises or conducts an activity; and
(b) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(3) A person commits an offence if:
(a) the person is the owner, manager or occupier of premises; and
(b) the person intentionally permits the premises to be used for an activity; and
(c) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(4) Strict liability applies to subsections (1)(a) and (3)(a).
(5) A person commits an offence if:
(a) the person intentionally attends an activity; and
(b) the activity is a prohibited activity and the person is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units.
(6) Subsections (1), (2), (3) and (5) do not apply in relation to the following conduct:
(a) the rehabilitation of native animals for release into the wild;
(b) the keeping and display of animals the normal diets of which include live food;
(ba) the feeding of live food to animals if that live food is their normal diet and essential to their survival;
(c) the mustering and working of stock animals.
Note for subsection (6)
The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).
(7) In this section:
"prohibited activity" means any of the following:
(a) a match, competition or other activity in which an animal is released from confinement for the purpose of being hunted, caught, confined, killed or caused suffering by a person or another animal;
(b) the use of an animal to fight a person or another animal;
(c) the use of an animal as a lure for blooding greyhounds;
(d) the killing of an animal for the purpose of blooding greyhounds.