Section 303 - Cruelty to animals

(1) A person commits the criminal offence of cruelty and is liable to a fine not exceeding twenty-five penalty units, who

(a) cruelly beats, kicks, ill-treats, over-loads, tortures, infuriates, or terrifies an animal, or causes or procures, or being the owner, permits an animal to be so used; or

(b) by wantonly or unreasonably doing or omitting to do an act, or causing or procuring the commission or omission of an act, causes unnecessary suffering, or being the owner, permits unnecessary suffering, to be caused to an animal; or

(c) conveys or carries, or being the owner, permits to be conveyed or carried an animal in a manner or position that would cause the animal unnecessary suffering; or

(d) drives an animal in harness, or when drawing a vehicle, which is in a condition that would cause the animal unnecessary suffering, or being the owner, permits the animal to be so driven; or

(e) subjects, or causes or procures, or being the owner, permits to be subjected, an animal to an operation which is performed without due care or humanity.

(2) An owner commits the criminal offence of permitting cruelty if the owner fails to exercise reasonable care and supervision in respect of the protection of the animal from an act of cruelty indicated in subsection (1).

(3) This section does not apply

(a) to the commission or omission of an act in the course of the destruction, or the preparation for destruction, of an animal as food for human consumption, unless the destruction or the preparation was accompanied by the infliction of unnecessary suffering; or

(b) to the coursing or hunting of a captive animal unless the animal is liberated in an injured, mutilated or exhausted condition; but a captive animal shall not, for the purposes of this section, be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.