PART 2PROTECTION OF ANIMALS

Promotion of welfare

15Transfer of animals by way of sale or prize to persons under 16

1

A person commits an offence if that person sells an animal to a person whom that person has reasonable cause to believe to be under the age of 16 years.

2

For the purposes of subsection (1), selling an animal includes transferring, or agreeing to transfer, ownership of the animal in consideration of entry by the transferee into another transaction.

3

Subject to subsections (4) to (6), a person commits an offence if—

a

that person enters into an arrangement with a person whom that person has reasonable cause to believe to be under the age of 16 years, and

b

the arrangement is one under which that person has the chance to win an animal as a prize.

4

A person does not commit an offence under subsection (3) if—

a

that person enters into the arrangement in the presence of the person with whom the arrangement is made, and

b

that person has reasonable cause to believe that the person with whom the arrangement is made is accompanied by a person who—

i

is not under the age of 16 years; and

ii

has care and control of the person who is under the age of 16 years.

5

A person does not commit an offence under subsection (3) if—

a

that person enters into the arrangement otherwise than in the presence of the person with whom the arrangement is made, and

b

the first-mentioned person has reasonable cause to believe that a person who has actual care and control of the person with whom the arrangement is made has consented to the arrangement.

6

A person does not commit an offence under subsection (3) if that person enters into the arrangement in a family context.