South Australian Current Acts South Australian Current Acts83I—Causing death or serious harm etc to working animals
(1) A person who, by
an intentional act, causes the death of, or serious harm to, a working animal
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2)
Subsection (1) does not apply to the death of a working animal, or the
causing of serious harm to a working animal, that occurs in the following
circumstances:
(a)
where the death or serious harm is caused in the course of the provision of
veterinary treatment to the working animal;
(b)
where the death or serious harm is caused by, or with the consent of, the
owner of the working animal or a person assisting the owner;
(c)
where the death or serious harm occurs in the course of training the animal to
perform its working function;
(d)
where the death occurs under section 34B of the Animal Welfare
Act 1985 ;
(e)
where the death or serious harm occurs pursuant to an order under
section 50 of the Dog and Cat Management Act 1995 ;
(f)
where the death occurs under section 63 of the Dog and Cat Management
Act 1995 ;
(g) any
other circumstances prescribed by the regulations.
(3) In proceedings for
an offence against subsection (1), it is a defence for the defendant to
prove that he or she did not know, and could not reasonably have been expected
to have known, that an animal the subject of the charge was a working animal.
(4) In proceedings for
an offence against subsection (1), a defence that would, but for this
subsection, be available to the defendant under Part 3 Division 2 will be
taken not to be available to a defendant if—
(a) the
working animal the subject of the charge is a police dog, police horse or a
correctional services dog; and
(b) the
death or serious harm occurs in the course of, or is related to—
(i)
the commission of an offence by the defendant or a person
in the company of the defendant; or
(ii)
the defendant taking steps to avoid being taken into, or
escape from, lawful custody; or
(iii)
the defendant resisting another who is exercising a power
in the course of his or her official duties or functions.
(5) In proceedings for
an offence against subsection (1), the prosecution need not prove that
the defendant knew that his or her act would cause death or serious harm to
the working animal, or to a particular working animal.
(6) This section is in
addition to, and does not derogate from, the Animal Welfare Act 1985 .