Animal Welfare Act 2002 (WA)

Western Australia Animal Welfare Act 2002 Western Australia Animal Welfare Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Content and intent 1 4. Act binds the Crown 1 5. Terms used 1 Part 2 — Use of animals for scientific purposes 6. Unlicensed use of animals for scientific purposes prohibited 1 7. Carrying on business supplying animals for scientific purposes 1 8. Application for issue or renewal of licence 1 9. Matters to be considered 1 10. Minister to issue or renew or decline to issue or renew 1 11. Conditions on licences 1 12. Further conditions may be imposed 1 13. Licensee to ensure staff and students comply with conditions 1 14. Display of licence and code of practice 1 15. Duration of a licence 1 16. Licence not transferable 1 17. Suspension and revocation 1 18. Register of licences 1 Part 3 — Welfare, safety and health of animals Division 1 — Objects of this Part 18A. Objects of Part 1 Division 2 — Regulations about animal welfare, safety and health 18B. Regulations — animal welfare, safety and health 1 Division 3 — Cruelty and other inhumane and improper treatment of animals 19. Cruelty to animals 1 20. Defence — self‑defence or protecting another person or an animal 1 21. Defence — veterinary care 1 22. Defence — authorised by law 1 23. Defence — normal animal husbandry 1 24. Defence — killing pests 1 25. Defence — code of practice 1 26. Defence — stock fending for itself 1 27. Defence — releasing animals into the wild 1 28. Defence — where person in charge is not in actual custody 1 29. Defence — prescribed use of devices 1 30. Defence — prescribed surgical or similar operations, practices and activities 1 31. Possession of things intended to inflict cruelty 1 32. Shooting, hunting or fighting captive animals 1 Part 4 — Inspectors Division 1 — Appointment of inspectors 33. Appointment of general inspectors 1 34. Appointment of scientific inspectors 1 35. Restricted appointments 1 35A. Designated inspectors 1 36. Identification card 1 Division 2 — Functions and powers of inspectors 36A. Terms used 1 37. Functions and powers of inspectors 1 38. Power to enter a place 1 39. Power to enter vehicles 1 40. Care of animals 1 41. Humane destruction of animals 1 42. Seizure of animals 1 43. Seizure of other property 1 44. Dealing with seized property 1 45. Dealing with seized fauna 1 46. Power to require information 1 47. Other powers of inspectors 1 48. Performance of an inspector's functions 1 Division 3 — Additional powers of scientific inspectors 49. Direction to suspend use and referral to animal ethics committee 1 50. Directions to licensees and their staff 1 51. Power to require information 1 52. Advice regarding licensing matters 1 53. Attendance at meetings of animal ethics committees 1 Part 5 — Enforcement Division 1 — Additional court orders 54. Court may order a post mortem 1 55. Orders additional to penalty 1 56. Order for reimbursement of costs 1 57. Order for retention of seized property 1 58. Costs 1 Division 2 — Warrants 59. Grounds for a search warrant 1 60. Grounds for a warrant to seize animal 1 61. Form of warrant 1 62. Urgent warrants 1 Division 3 — Infringement notices 63. Term used: authorised person 1 64. Appointment of authorised persons 1 65. Giving infringement notices 1 66. Content of infringement notice 1 67. Extension of time to pay 1 68. Withdrawal of infringement notice 1 69. Benefit of paying modified penalty 1 70. Application of modified penalties paid 1 Division 4 — Review of decisions 71. Term used: reviewable decision 1 72. Aggrieved person may make an objection 1 73. Dealing with an objection 1 74. Aggrieved person may apply for a review 1 Division 5 — Offences 76. Misleading information 1 77. Obstruction of inspectors 1 78. Pretending to be an inspector 1 79. Continuing offences 1 80. Liability of officers for offence by body corporate 1 81. Partnerships 1 Division 6 — General 82. Commencement of proceedings for offences 1 83. Evidentiary provisions 1 84. Breach of code of practice not sufficient to prove cruelty 1 85. Death of animal not sufficient to prove cruelty 1 86. Application of fines 1 87. Disposal of forfeited property 1 88. Penalties for body corporate 1 Part 6 — Miscellaneous 89. General power of CEO 1 90. Delegation 1 91. Improper use of information 1 92. Protection from liability 1 93. Owner may claim compensation for injury or death 1 94. Regulations — general power 1 Notes Compilation table 1 Editorial changes table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Animal Welfare Act 2002 An Act to provide for the welfare, safety and health of animals, to regulate the use of animals for scientific purposes, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Animal Welfare Act 2002. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Content and intent (1) This Act provides for the protection of animals by — (aa) regulating the conduct of people in relation to animals, including the manner in which animals are treated, cared for and managed; and (a) regulating the people who may use animals for scientific purposes, and the manner in which they may be used; and (b) prohibiting cruelty to, and other inhumane or improper treatment of, animals. (2) This Act intends to — (a) promote and protect the welfare, safety and health of animals; and (b) ensure the proper and humane care and management of all animals in accordance with generally accepted standards; and (c) reflect the community's expectation that people who are in charge of animals will ensure that they are properly treated and cared for. [Section 3 amended: No. 35 of 2018 s. 4.] 4. Act binds the Crown This Act binds the Crown in right of the State and, so far as the legislative power of Parliament permits, in all its other capacities. 5. Terms used (1) In this Act — Agriculture WA means the department of the Public Service principally assisting with the administration of the Biosecurity and Agriculture Management Act 2007; animal means — (a) a live vertebrate; or (b) a live invertebrate of a prescribed kind, other than a human or a fish (as defined in the Fish Resources Management Act 1994); animal ethics committee means an animal ethics committee established by a scientific establishment in accordance with the scientific use code; Biodiversity Conservation Department means the department of the Public Service principally assisting with the administration of the Biodiversity Conservation Act 2016; CEO means the chief executive officer of the Department; code of practice means a code of practice adopted under section 94(2)(d); Department means the department of the Public Service principally assisting the Minister in the administration of this Act; designated inspector means a general inspector designated under section 35A(1) as a designated inspector; fauna has the meaning given in the Biodiversity Conservation Act 2016 section 5(1); Fisheries Western Australia means the department of the Public Service principally assisting with the administration of the Fish Resources Management Act 1994; general inspector means a police officer or a person appointed as a general inspector under section 33; harm includes — (a) injury; and (b) pain; and (c) distress evidenced by severe, abnormal physiological or behavioural reactions; inspector means a general inspector or a scientific inspector; lawfully taken, in relation to fauna, means taken in circumstances that do not involve a contravention of the Biodiversity Conservation Act 2016 or any other written law; licence means a licence issued under Part 2; non‑residential place — (a) means any place except a building, vehicle or other structure in which a person ordinarily lives; and (b) includes gardens, yards or other land surrounding, and sheds or other outbuildings near, such a building or other structure; person in charge, in relation to an animal, means — (a) the owner of the animal; or (b) a person who has actual physical custody or control of the animal; or (c) if the person referred to in paragraph (b) is a member of staff of another person, that other person; or (d) the owner or occupier of the place or vehicle where the animal is or was at the relevant time; place means anywhere at all, whether or not that place can be moved, but does not include a vehicle; RSPCA means The Royal Society for the Prevention of Cruelty to Animals, Western Australia4; scientific establishment means a person who uses, or whose staff or students use, animals for scientific purposes; scientific inspector means a person appointed as a scientific inspector under section 33(5) or 34; scientific purposes means acquiring, developing or demonstrating knowledge or techniques in a scientific discipline, other than in prescribed circumstances, and includes — (a) teaching; and (b) research; and (c) product development or testing; and (d) carrying out a prescribed activity; scientific use code means the prescribed code of practice for the care and use of animals for scientific purposes; staff, in relation to a person, includes — (a) all the people working for, or engaged by, that person whether as officers, employees, agents, contractors, volunteers or in any other capacity; and (b) if the person is a scientific establishment, all the people who use the establishment's facilities for scientific purposes; and (c) if the person is a body corporate, its directors, secretary and executive officers; and (d) if the person is a partnership, the partners; vehicle includes a train, vessel, aircraft and any other thing used as a means of transport; veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3. (1A) In this Act unless the contrary intention appears a reference to Part 3 includes a reference to regulations referred to in section 18B. (2) Regulations cannot be made to prescribe pearl oysters (as defined in the Pearling Act 1990) for the purposes of paragraph (b) of the definition of "animal". [Section 5 amended: No. 28 of 2006 s. 352; No. 24 of 2007 s. 9; No. 24 of 2016 s. 310(2) and (3); No. 35 of 2018 s. 5; No. 19 of 2021 s. 226(2) and (3); No. 5 of 2023 s. 4.] Part 2 — Use of animals for scientific purposes 6. Unlicensed use of animals for scientific purposes prohibited (1) A person must not use animals for scientific purposes unless — (a) the person is — (i) a scientific establishment that holds; or (ii) a member of staff of, or a student at, a scientific establishment that holds, a licence authorising that use; and (b) the animal ethics committee of the scientific establishment has given approval, in accordance with the scientific use code, for that person to so use the animals; and (c) the person uses the animals in accordance with that licence and approval. Penalty: $50 000 and imprisonment for 5 years. (2) A licensed scientific establishment must not allow animals to be used for scientific purposes at a place to which that licence relates unless that use is permitted under subsection (1). Penalty: $50 000 and imprisonment for 5 years. 7. Carrying on business supplying animals for scientific purposes (1) Subject to subsection (2), a person must not carry on a business of supplying animals for use for scientific purposes except in accordance with a licence authorising the person to do so. Penalty: $50 000 and imprisonment for 5 years. (2) Subsection (1) does not apply to a person carrying on a business of supplying fauna that the person is licensed or authorised under the Biodiversity Conservation Act 2016 to take for the purposes of that business. [Section 7 amended: No. 24 of 2016 s. 310(4).] 8. Application for issue or renewal of licence (1) An application for the issue or renewal of a licence is to be made to the Minister in the prescribed form and manner and is to be accompanied by the prescribed fee and any prescribed information. (2) An applicant must provide to the Minister any other information relating to the application that the Minister reasonably requires for the proper consideration of the application. (3) An application for the renewal of a licence must be made no later than 42 days before the day on which the licence is due to expire or at such later time as the Minister, having regard to section 10(2)(b), allows. 9. Matters to be considered (1) The Minister must not issue or renew a licence to use animals for scientific purposes unless the Minister is satisfied that — (a) the scientific establishment either — (i) has an animal ethics committee; or (ii) has made arrangements for the animal ethics committee for another scientific establishment to act as its animal ethics committee; and (b) the scientific establishment complies with, and will continue to comply with, the scientific use code. (2) When considering an application for the issue or renewal of a licence the Minister is to have regard to — (a) whether the applicant and the applicant's staff are experienced and competent — (i) in the case of a licence to use animals for scientific purposes, in using animals for scientific purposes; and (ii) in all cases, in caring for and handling animals of the kind to be used or supplied; and (b) whether the applicant has, or any of the applicant's staff or students have, been convicted of an offence under this Act in the previous 3 years; and (c) whether a licence held by the applicant has ever been suspended or revoked or the applicant has ever been disqualified from holding a licence; and (d) whether the welfare, safety and health of the animals is adequately protected; and (e) any prescribed matters; and (f) whether, in all other respects, the Minister considers it appropriate for the applicant to hold the licence. 10. Minister to issue or renew or decline to issue or renew (1) After considering an application in accordance with section 9 the Minister is to — (a) issue or renew the licence in the prescribed form; or (b) decline to issue or renew the licence. (2) If the Minister declines to issue or renew a licence the Minister is to give to the applicant written notice setting out the decision and the reasons for it — (a) in the case of an application for the issue of a licence, no more than 28 days after the decision is made; and (b) in the case of an application for a renewal, at least 21 days before the current licence expires. 11. Conditions on licences (1) Every licence is subject to the conditions prescribed in respect of licences of a class to which the licence belongs. (2) Conditions prescribed for the purposes of subsection (1) may deal with any matter relating to the welfare, safety and health of the animals including — (a) the place at which the animals may be used or kept; and (b) codes of practice (other than the scientific use code) that must be complied with; and (c) the conditions under which the animals are, or are not, to be kept; and (d) the facilities and equipment that are, or are not, to be used in relation to the animals; and (e) the procedures to be followed by the licensee and the licensee's staff and students in specified situations; and (f) the people who are, or are not, to be involved in the care of the animals. (3) It is also a condition of each licence to use animals for scientific purposes that animals must not be used for scientific purposes unless they are used in accordance with the scientific use code. 12. Further conditions may be imposed (1) When issuing or renewing a licence the Minister may impose such other conditions as are set out in, or provided to the licensee with, the licence. (2) The Minister may amend or remove the conditions imposed on a licence under this section by giving at least 21 days written notice of the amendment to the licensee. (3) Conditions imposed under this section may deal with any matter in respect of which conditions could be prescribed for the purposes of section 11(1). 13. Licensee to ensure staff and students comply with conditions A licensee must take all reasonable steps to ensure that the licensee's staff and students comply with the conditions to which the licence is subject. Penalty: $20 000 and imprisonment for one year. 14. Display of licence and code of practice (1) Subject to subsection (2), a licensee must cause a copy of the licence to be exhibited to the public at each place where — (a) animals are used for scientific purposes; or (b) animals to be supplied for use for scientific purposes are kept. Penalty: $2 000. (2) A licensee need not cause a copy of the licence to be exhibited at places where field work is being carried out (field site) but if a copy of the licence is not exhibited — (a) the licensee must ensure that a person at the field site has a copy of the licence with him or her at that site; and (b) that person must make the copy of the licence available to a member of the public on request. Penalty: $2 000. (3) If a licence is subject to a condition that a code of practice be complied with the licensee must — (a) cause a copy of the code to be exhibited to; or (b) make copies of the code available to, all the licensee's staff and students at each place, other than field sites, where — (c) animals are used for scientific purposes; or (d) animals to be supplied for use for scientific purposes are kept. Penalty: $2 000. (4) If a licence to use animals for scientific purposes is subject to a condition that a code of practice be complied with the licensee must give a copy of the code to the relevant animal ethics committee. Penalty: $2 000. 15. Duration of a licence A licence remains in force for 3 years or any shorter period specified in it, unless before then it is suspended or revoked or the licensee is disqualified from holding the licence. 16. Licence not transferable A licence is not transferable. 17. Suspension and revocation (1) The Minister may, by giving written notice to the licensee, suspend a licence for up to 3 months if the Minister is satisfied that — (a) the licensee has, or any of the licensee's staff or students have, committed an offence under this Act since the licence was issued or last renewed; or (b) if the licence was due for renewal, the Minister would not, having regard to the criteria set out in section 9, renew it; or (c) in the case of a licence to use animals for scientific purposes, the relevant animal ethics committee has failed to comply with the scientific use code in relation to the licensee's use of animals; or (d) for any other reason the welfare, safety and health of an animal would be under threat if the licence remained in force. (2) The Minister may, by giving written notice to the licensee, revoke a licence if — (a) the Minister is satisfied that the licence was obtained by fraud or misrepresentation; or (b) the licence is suspended and the Minister is satisfied, during the 14 days before the end of the suspension period, that the licensee has not taken reasonable steps to ensure that the grounds for the suspension have been remedied and will not recur. (3) When revoking a licence the Minister may also disqualify the licensee from applying for another licence before the date on which the revoked licence would have lapsed if it had not been revoked. (4) Before exercising a power referred to in subsection (1) or (2) the Minister is to — (a) give the licensee written notice — (i) stating the intention to suspend or revoke the licence; and (ii) setting out the grounds for the intended suspension or revocation; and (iii) advising that the licensee has 7 days (or any longer period the Minister considers appropriate) within which to respond to the notice; and (b) have due regard to any response to the notice made within that time. (5) A licensee must deliver a suspended or revoked licence to the Minister as soon as practicable, and in any event within 7 days, after the suspension or revocation. Penalty: $2 000. (6) Subject to subsection (2)(b), a suspended licence delivered to the Minister under subsection (5) is to be returned to the licensee as soon as practicable after the end of the suspension period. 18. Register of licences (1) The CEO is to keep a register of all licences showing, for each licence — (a) the name of the licensee; and (b) whether it is a licence — (i) to use animals for scientific purposes; or (ii) to carry on business supplying animals for use for scientific purposes, and in the case of subparagraph (i), the scientific purposes for which the animals are or may be used; and (c) details of the places where the animals are or may be used or kept; and (d) the dates of issue, renewal and expiry; and (e) any conditions to which the licence is subject (other than those imposed by section 11); and (f) details of any suspension or revocation of the licence or disqualification of the licensee; and (g) any prescribed details. (2) A licensee must notify the CEO of any change in the details referred to in subsection (1)(a), (c) or (g) within 14 days of the change occurring. Penalty: $2 000. (3) A person may, at any time during office hours — (a) inspect the register free of charge; and (b) purchase a copy of, or an extract from, the register. (4) The CEO is to ensure that copies of, or extracts from, the register are available and that the price at which they are sold does not exceed the cost of providing them. [Section 18 amended: No. 28 of 2006 s. 354.] Part 3 — Welfare, safety and health of animals [Heading inserted: No. 35 of 2018 s. 6.] Division 1 — Objects of this Part [Heading inserted: No. 35 of 2018 s. 7.] 18A. Objects of Part The objects of this Part are — (a) to promote and protect the welfare, safety and health of animals; and (b) to ensure animals are properly and humanely treated, cared for and managed. [Section 18A inserted: No. 35 of 2018 s. 7.] Division 2 — Regulations about animal welfare, safety and health [Heading inserted: No. 35 of 2018 s. 7.] 18B. Regulations — animal welfare, safety and health (1) Without limiting section 94(1), regulations may be made under that subsection for the purpose of achieving the objects of this Part. (2) Without limiting subsection (1), the regulations may provide for, authorise, prescribe, require, prohibit, restrict or otherwise regulate the following — (a) the treatment, care and handling of animals; (b) animal accommodation; (c) the transportation of animals; (d) the keeping of animals; (e) the husbandry of animals; (f) the identification of animals; (g) the medical or surgical treatment of animals; (h) facilities and equipment used in relation to animals; (i) the destruction and slaughtering of animals; (j) the control of animals, including pest animals; (k) farming or grazing activities; (l) the management of zoos, wildlife parks or similar establishments; (m) the management of animal breeding establishments; (n) the training of animals; (o) the sale of animals; (p) the use of animals for commercial, recreational or other purposes; (q) the qualifications and experience of persons dealing with animals. [Section 18B inserted: No. 35 of 2018 s. 7.] Division 3 — Cruelty and other inhumane and improper treatment of animals [Heading inserted: No. 35 of 2018 s. 8.] 19. Cruelty to animals (1) A person must not be cruel to an animal. Penalty: Minimum — $2 000. Maximum — $50 000 and imprisonment for 5 years. (2) Without limiting subsection (1) a person, whether or not the person is a person in charge of the animal, is cruel to an animal if the person — (a) tortures, mutilates, maliciously beats or wounds, abuses, torments, or otherwise ill‑treats, the animal; or (b) uses a prescribed inhumane device on the animal; or (c) intentionally or recklessly poisons the animal; or (d) does any prescribed act to, or in relation to, the animal; or (e) in any other way causes the animal unnecessary harm. (3) Without limiting subsection (1) a person in charge of an animal is cruel to an animal if the animal — (a) is transported in a way that causes, or is likely to cause, it unnecessary harm; or (b) is confined, restrained or caught in a manner that — (i) is prescribed; or (ii) causes, or is likely to cause, it unnecessary harm; or (c) is worked, driven, ridden or otherwise used — (i) when it is not fit to be so used or has been over used; or (ii) in a manner that causes, or is likely to cause, it unnecessary harm; or (d) is not provided with proper and sufficient food or water; or (e) is not provided with such shelter, shade or other protection from the elements as is reasonably necessary to ensure its welfare, safety and health; or (f) is abandoned, whether at the place where it is normally kept or elsewhere; or (g) is subjected to a prescribed surgical or similar operation, practice or activity; or (h) suffers harm which could be alleviated by the taking of reasonable steps; or (i) suffers harm as a result of a prescribed act being carried out on, or in relation to, it; or (j) is, in any other way, caused unnecessary harm. 20. Defence — self‑defence or protecting another person or an animal (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. 21. Defence — veterinary care It is a defence to a charge under section 19(1) (other than an offence committed in circumstances described in section 19(3)(g)) for a person to prove that the person was a veterinarian, or was acting on the instructions of a veterinarian, and was providing the animal with veterinary care in accordance with generally accepted veterinary practices. [Section 21 amended: No. 19 of 2021 s. 226(4).] 22. Defence — authorised by law It is a defence to a charge under section 19(1) for a person to prove that the person — (a) was authorised by or under a written law to do the act that is alleged to constitute the offence; and (b) did the act in a humane manner. 23. Defence — normal animal husbandry It is a defence to a charge under section 19(1) for a person to prove that the act alleged to constitute the offence was done — (a) in accordance with a generally accepted animal husbandry practice, other than a prescribed practice, that is used in — (i) farming or grazing activities; or (ii) the management of zoos, wildlife parks or similar establishments; or (iii) the management of animal breeding establishments; or (iv) the training of animals; and (b) in a humane manner. 24. Defence — killing pests (1) It is a defence to a charge under section 19(1) for a person to prove — (a) that the act alleged to constitute the offence was done while the person was attempting to kill pests; and (b) that the person was attempting to kill pests in a manner that is generally accepted as usual and reasonable for killing pests of the kind the person was attempting to kill; and (c) if the animal the subject of the charge was not a pest, that the person took reasonable steps to ensure that animals other than pests would not be harmed. (2) In this section — pest means a prescribed animal, fish or invertebrate. 25. Defence — code of practice It is a defence to a charge under section 19(1) for a person to prove that the person was acting in accordance with a relevant code of practice. 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.] 27. Defence — releasing animals into the wild It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(f) for a person to prove that — (a) the animal is fauna; and (b) the act alleged to constitute the offence does not involve anything more than releasing the animal into the wild; and (c) the release occurred in circumstances in which it was reasonable to expect the animal to be able to fend for itself. 28. Defence — where person in charge is not in actual custody (1) It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(d), (e), (f) or (h) for a person to prove that the person — (a) is a "person in charge" by reason of paragraph (a), (c) or (d), but not paragraph (b), of the definition of that term; and (b) took reasonable steps to ensure that the animal would be properly treated and cared for. (2) It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(d), (e), (f) or (h) for a person to prove that the person — (a) is a "person in charge" by reason only of paragraph (d) of the definition of that term; and (b) did not know, and could not reasonably be expected to have known, that — (i) the animal was at a place, or in a vehicle, owned or occupied by the person; or (ii) the animal was not being properly treated and cared for. 29. Defence — prescribed use of devices It is a defence to a charge under section 19(1) committed in circumstances described in section 19(2)(b) for a person to prove that the person was a prescribed person, or was in a prescribed class of persons, and used the device in a prescribed manner. 30. Defence — prescribed surgical or similar operations, practices and activities It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(g) for a person to prove that the person was a prescribed person, or was in a prescribed class of persons, and carried out the operation, practice or activity in a prescribed manner. 31. Possession of things intended to inflict cruelty (1) A person must not be in possession of any thing with the intention of using the thing to inflict cruelty on an animal. Penalty: $20 000 and imprisonment for one year. (2) It is a defence to a charge under subsection (1) for a person to prove that the thing was a prescribed thing and that the person was a prescribed person, or was in a prescribed class of persons, in respect of the thing. (3) It is a defence to a charge under subsection (1) for a person to prove that if the person had used the thing on or in relation to an animal the person would have had a defence to a resulting charge under section 19. 32. Shooting, hunting or fighting captive animals (1) A person must not engage in a prohibited activity. Penalty: Minimum — $2 000. Maximum — $50 000 and imprisonment for 5 years. (2) Without limiting subsection (1), a person engages in a prohibited activity if the person — (a) takes part in it; or (b) spectates at it; or (c) organises it; or (d) promotes it; or (e) keeps an animal for the purpose of it; or (f) allows it to occur at a place owned or operated by the person; or (g) in the case of the activities described in paragraphs (c) and (d) of the definition of "prohibited activity", encourages an animal to participate in it. (3) It is a defence to a charge under subsection (1) for a person to pr