s 41C Duty of care of animal owners
41C.—(1) Every owner of an animal —(a) must take reasonable steps to ensure that — (i) the animal is provided with adequate and suitable food and water, taking into account its dietary needs; (ii) the animal is provided with adequate shelter; (iii) the animal is not kept in confinement, conveyed, lifted, carried or handled in a manner or position that subjects the animal to unreasonable or unnecessary pain or suffering; and (iv) the animal is protected from, and rapidly diagnosed with, any significant injury or disease; (b) must not abandon the animal, or cause or permit the animal to be abandoned, whether permanently or temporarily, without reasonable cause or excuse; (c) in the case where the animal is missing, must make reasonable efforts to recover the animal; and (d) must take reasonable steps to ensure that the animal is cared for in accordance with the codes of animal welfare applicable to the animal.[46/2014] (2) Any person who fails to comply with subsection (1)(a), (b) or (c) shall be guilty of an offence.[46/2014] (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction —(a) in the case where the person commits the offence in the course of carrying on, or employment or purported employment with, an animal‑related business —(i) for a first offence, to a fine not exceeding $40,000 or to imprisonment for a term not exceeding 2 years or to both; and (ii) for a second or subsequent offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 years or to both; or (b) in any other case —(i) for a first offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; and (ii) for a second or subsequent offence, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.[46/2014] (4) For the purpose of subsection (3), a person is a repeat offender if the person who is convicted, or found guilty, of an offence under subsection (2) has (whether before, on or after 16 January 2015) been convicted or found guilty on at least one other earlier occasion of an offence under section 42(1)(f) in force immediately before that date.[46/2014]