Defence and rebuttable evidence

Heading: amended, on 19 December 2002, by section 5(1) of the Animal Welfare Amendment Act 2002 (2002 No 53).

24 Defence and rebuttable evidence

(1)

In a prosecution for an offence against section 21(1)(b) or section 22(2) or section 23 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)

It is a defence in any prosecution for an offence against section 21(1)(b) or section 22(2) or section 23(1) or section 23(2) if the defendant proves—

(a)

that there was in existence at the time of the alleged offence a relevant code of welfare; and

(b)

that the minimum standards established by the code of welfare were in all respects equalled or exceeded.

Compare: 1960 No 30 s 19A(7)(a); 1983 No 141 s 6

Section 24 heading: amended, on 19 December 2002, by section 5(2) of the Animal Welfare Amendment Act 2002 (2002 No 53).

Section 24(1): inserted, on 19 December 2002, by section 5(3) of the Animal Welfare Amendment Act 2002 (2002 No 53).