Western Australian Current Acts

ANIMAL WELFARE ACT 2002 - SECT 26

26 .         Defence — stock fending for itself

        (1)         It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(d), (e) or (f) for a person to prove that —

            (a)         the animal is stock of a kind that is ordinarily left to roam at large on a pastoral property and to fend for itself; and

            (b)         the act alleged to constitute the offence does not involve anything more than allowing the animal to so roam and fend for itself; and

            (c)         the property on which the animal was roaming was reasonably capable of sustaining all the animals that were roaming on it.

        (2)         In this section —

        stock has the meaning given to that term in the Biosecurity and Agriculture Management Act 2007 section 6.

        [Section 26 amended: No. 24 of 2007 s. 84.]