Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 41A

41A Killing an animal under Aboriginal tradition, Island custom or native title

(1) This section applies for an offence if the act that constitutes the offence—

(a) involves the killing of an animal; and

(b) is done—

(i) in the exercise of native title rights and interests; or

(ii) under the authority of another law of the State or the Commonwealth to take the animal to exercise Aboriginal tradition or Island custom; or

(iii) under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 .

Example—

hunting and killing an animal for personal consumption

(2) It is an offence exemption for the offence if the act is done in a way that causes the animal as little pain as is reasonable.

(3) For subsection (2) , the following acts or omissions are taken not to cause the animal as little pain as is reasonable—

(a) injuring the animal to stop it escaping after it has been caught;

(b) injuring the animal or prolonging its life to attract another animal;

(c) taking flesh from the animal for human consumption before the animal is dead;

(d) doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.

(4) In this section—

"take" , under the authority of another law, includes take, keep or use under the authority of the Nature Conservation Act 1992 .