13 Strict liability

(1)

In a prosecution for an offence against section 12, it is not necessary for the prosecution to prove that the defendant intended to commit an offence.

(1A)

In a prosecution for an offence against section 12 committed after the commencement of this subsection, evidence that a relevant code of welfare was in existence at the time of the alleged offence and that a relevant minimum standard established by that code was not complied with is rebuttable evidence that the person charged with the offence failed to comply with, or contravened, the provision of this Act to which the offence relates.

(2)

Subject to subsection (3), it is a defence in any prosecution for an offence against section 12 if the defendant proves—

(a)

that, in relation to the animal to which the prosecution relates, the defendant took,—

(i)

in the case of an offence against section 12(a), all reasonable steps to comply with section 10; or

(ii)

in the case of an offence against section 12(b), all reasonable steps to comply with section 11; or

(iii)

in the case of an offence against section 12(c), all reasonable steps not to commit a breach of section 12(c); or

(b)

that the act or omission constituting the offence took place in circumstances of stress or emergency, and was necessary for the preservation, protection, or maintenance of human life; or

(c)

that there was in existence at the time of the alleged offence a relevant code of welfare and that the minimum standards established by the code of welfare were in all respects equalled or exceeded.

(3)

Except with the leave of the court, subsection (2) does not apply unless, within 7 days after the service of the summons, or within such further time as the court may allow, the defendant has delivered to the prosecutor a written notice—

(a)

stating that the defendant intends to rely on subsection (2); and

(b)

specifying—

(i)

where the defendant intends to rely on subsection (2)(a), the reasonable steps that the defendant will claim to have taken; or

(ii)

where the defendant intends to rely on subsection (2)(b), the circumstances of stress or emergency, and the reasons why the act or omission was necessary for the preservation, protection, or maintenance of human life; or

(iii)

where the defendant intends to rely on subsection (2)(c), the relevant code of welfare that was in existence at the time of the alleged offence, and the facts that show that the minimum standards established by that code of welfare were in all respects equalled or exceeded.

Section 13(1A): inserted, on 19 December 2002, by section 4 of the Animal Welfare Amendment Act 2002 (2002 No 53).