Commentary on Sections Part 2 – Animal Welfare Section 29 – Abandonment
148.This section provides a specific offence of abandonment. The Act provides that a person commits this offence in two ways: in subsection (1), if they abandon an animal for which they are responsible in circumstances likely to cause it unnecessary suffering; and in subsection (2) if they leave unattended an animal for which they are responsible and fail to make adequate provision for its welfare. The latter provision is intended to cover a situation where an animal is not abandoned on a permanent basis but is left without adequate provision being made for its welfare.
149.Subsection (3) provides a non-exhaustive list of the factors that the court is to have regard to when considering whether adequate provision has been made for the animal. These include the kind of animal, its age, state of health, the length of time for which it has been left and its requirements for food and water, and shelter and warmth.