s. 10 10 Aggravated cruelty (1) A person who commits an act of cruelty upon any S. 10(1) amended by animal which results in the death or serious Nos 77/1995 s. 8, 65/2007 disablement of the animal commits an act of s. 81, 75/2011 aggravated cruelty upon that animal and is guilty s. 26. of an offence and is liable to a penalty of not more than, in the case of a natural person, 492 penalty units or imprisonment for 2 years or, in the case of a body corporate, 1200 penalty units. (2) A person who is guilty of an offence under subsection (1) may be liable to the penalty for that offence in addition to or instead of any other penalty to which the person is liable under section 9. S. 11 11 Defences to cruelty or aggravated cruelty (Heading) inserted by (1) In any proceedings against a person in relation to No. 60/2012 an act of cruelty under section 9, or an act of s. 33(1). aggravated cruelty under section 10, it is a defence S. 11 amended by if the person— No. 60/2012 s. 33(2) (ILA (a) acted reasonably; or s. 39B(1)). (b) reasonably omitted to do an act— in defending himself or herself or any other person against an animal or against any threat of attack by an animal. (2) It is a defence to a prosecution for an offence S. 11(2) inserted by under section 9 or 10 in relation to an activity if No. 60/2012 s. 33(2). the person charged was carrying out the activity in accordance with a code of practice prescribed for the purposes of this subsection (other than a Code of Practice made under section 7) that regulates that activity.
10 Aggravated cruelty s. 10 S. 10(1) amended by Nos 77/1995 s. 8, 65/2007 s. 81, 75/2011 s. 26. (1) A person who commits an act of cruelty upon any animal which results in the death or serious disablement of the animal commits an act of aggravated cruelty upon that animal and is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 492 penalty units or imprisonment for 2 years or, in the case of a body corporate, 1200 penalty units. (2) A person who is guilty of an offence under subsection (1) may be liable to the penalty for that offence in addition to or instead of any other penalty to which the person is liable under section 9. S. 11 (Heading) inserted by No. 60/2012 s. 33(1). S. 11 amended by No. 60/2012 s. 33(2) (ILA s. 39B(1)). 11 Defences to cruelty or aggravated cruelty (1) In any proceedings against a person in relation to an act of cruelty under section 9, or an act of aggravated cruelty under section 10, it is a defence if the person— (a) acted reasonably; or (b) reasonably omitted to do an act— in defending himself or herself or any other person against an animal or against any threat of attack by an animal. S. 11(2) inserted by No. 60/2012 s. 33(2). (2) It is a defence to a prosecution for an offence under section 9 or 10 in relation to an activity if the person charged was carrying out the activity in accordance with a code of practice prescribed for the purposes of this subsection (other than a Code of Practice made under section 7) that regulates that activity.