Animal Cruelty (ACT)

In the ACT, the Animal Welfare Act 1992 contains various offences relating to cruelty to animals and relating to failing to care properly for an animal. These offences carry fines and terms of imprisonment. The Act also gives enforcement powers to the RSPCA inspectors and to police officers to take steps when they believe an animal is being abused or neglected.

Animal cruelty offence

Under section 7 of the Animal Welfare Act 1992, a person is guilty of an offence if they commit an act of cruelty on an animal.

This offence is punishable by a fine of up to 200 penalty units, imprisonment for two years, or both.

Aggravated animal cruelty

Under section 7A of the Animal Welfare Act 1992, a person is guilty of an offence if they:

• commit an act of cruelty on an animal; and
• the act causes the death of or serious injury to the animal; and
• the person intends, or is reckless about, causing death or serious harm to the animal.

This offence is punishable by a fine of up to 300 penalty unit, imprisonment for up to three years, or both.

Other animal welfare offences

The Act also contains a number of other offences relating to failing to provide adequate care to an animal.

These include:

• failing to provide appropriate care (section 6B)
• failing to provide water or shelter (section 6C)
• failing to provide a hygienic environment (section 6D)
• failing to properly groom and maintain animal (section 6E)
• failure to exercise dog (section 6F)
• abandoning an animal (section 6G)
• hitting or kicking an animal (section 8)

Enforcement powers

The ACT empowers the police and the RSPCA to enter premises to examine or help an animal, inspect the premises, take copies or extracts of documents, take photos or videos, seize anything that they believe is connected to an offence, or question a person. They may also require a person to assist them to exercise their powers under the Act.

These powers are set out in Division 7.3 of the Act.

Court orders

The Act also gives courts the power to make various orders when they have found a person guilty of an offence under the Act or where proceedings have been started for an offence under the Act.

Where proceedings have been started but no finding of guilt has been recorded, a court may order that a person must not purchase or acquire an animal or keep, care for, or control an animal for a stated period.

Where a person has been found guilty of an offence, a court may order that the person:

• must give up the animal to which the offence relates or any other animal which they are in charge of and that they must pay the expenses of the ACT government or animal welfare agency of caring for the animal.
• must not purchase or acquire an animal or keep, care for, or control an animal for a stated period.

Where a person has been found guilty of aggravated animal cruelty, the court may order that they must not purchase or acquire an animal or keep, care for, or control an animal on a permanent basis.

Breach of order

A person who contravenes an order made under this act commits an offence punishable by a fine of up to 50 penalty units, imprisonment for up to six months, or both.

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