Subject to subsections (2) and (3), it is a defence to a charge under section 19 for a person to prove that —
(a) the animal was attacking, or threatening to attack, the person, another person or another animal;
(b) the person was defending himself or herself, another person or an animal against the attack or threatened attack; and
(c) the person did not use more force than was reasonably necessary.
(2) Subsection (1) does not provide a defence to a person who, in the course of, or for the purpose of, committing an unlawful act, enters or attempts to enter a place or vehicle —
(a) of which the person who has actual physical custody or control of the animal is the occupier or a guard; or
(b) occupied by the animal.
(3) Subsection (1) does not provide a defence to a person if —
(a) the person provoked the attack or threatened attack;
(b) the person permitted or encouraged another animal to attack or threaten the animal the subject of the charge; or
(c) the
animal the subject of the charge was being used by —
(i) a police officer;
(ii) a prison officer under the Prisons Act 1981 ; or
(iii) a member of —
(I) the armed forces of the Commonwealth;
(II) the Australian Federal Police;
(III) the Australian Quarantine and Inspection Service; or
(IV) the Australian Customs Service,
in the course of his or her duties and the use of the animal was not unreasonable in the circumstances.