2015-04-2015 Attachment 1 to Item 20 Planning and Organisation Committee Agenda - Proposed Noosa Council Local Law No. 1 to No. 6

                          Noosa Shire Council Local Law No. 2 (Animal Management) 2015              11



                Maximum penalty for subsection (1)—
                 (a)    if the attack causes the death of or grievous bodily harm to a person—300
                        penalty units; or
                 (b)    if the attack causes the death of or grievous bodily harm to another animal—
                        100 penalty units; or
                 (c)    if the attack causes bodily harm to a person or another animal—50 penalty
                        units; or
                 (d)    otherwise—20 penalty units.
         (2) A person must not allow or encourage an animal to attack, or act in a way that
             causes fear to, a person or another animal.
                Maximum penalty for subsection (2)—
                 (a)    if the attack causes the death of or grievous bodily harm to a person—300
                        penalty units; or
                 (b)    if the attack causes the death of or grievous bodily harm to another animal—
                        100 penalty units; or
                 (c)    if the attack causes bodily harm to a person or another animal—50 penalty
                        units; or
                 (d)    otherwise—20 penalty units.
          (3) In this section—
                allow or encourage, without limiting the Criminal Code, sections 7 and 8,
                includes cause to allow or encourage.
                another animal does not include vermin that are not the property of anyone.
                Examples of vermin that are someone’s property—
                   a pet mouse or guinea pig
                   vermin that are protected animals under the Nature Conservation Act 1992.16


18       Defences for offence against s 17
                It is a defence to a prosecution for an offence against section 17 for the defendant
                to prove that the animal attacked, or acted in a way that caused fear to, the person or
                other animal—
                 (a)    as a result of the animal being attacked, mistreated, teased, or provoked by
                        the person or other animal, including a dog; or
                 (b)    to protect the responsible person, or a person accompanying the responsible
                        person (the accompanying person), or the responsible person’s or
                        accompanying person’s property.




16
     See section 83 of that Act.