Western Australian Current Acts Western Australian Current Acts (1) Subject to
subsections (2) and (3), it is a defence to a charge under section 19 for a
person to prove that —
(a) the
animal was attacking, or threatening to attack, the person, another person or
another animal; and
(b) the
person was defending himself or herself, another person or an animal against
the attack or threatened attack; and
(c) the
person did not use more force than was reasonably necessary.
(2) Subsection (1)
does not provide a defence to a person who, in the course of, or for the
purpose of, committing an unlawful act, enters or attempts to enter a place or
vehicle —
(a) of
which the person who has actual physical custody or control of the animal is
the occupier or a guard; or
(b)
occupied by the animal.
(3) Subsection (1)
does not provide a defence to a person if —
(a) the
person provoked the attack or threatened attack; or
(b) the
person permitted or encouraged another animal to attack or threaten the animal
the subject of the charge; or
(c) the
animal the subject of the charge was being used by —
(i)
a police officer; or
(ii)
a prison officer under the Prisons Act 1981 ; or
(iii)
a member of —
(I) the armed forces of the Commonwealth;
or
(II) the Australian
Federal Police; or
(III) the Australian
Quarantine and Inspection Service; or
(IV) the Australian
Customs Service,
in the course of his
or her duties and the use of the animal was not unreasonable in the
circumstances.