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Australia, New South Wales

New South Wales Prevention of Cruelty to Animals Act 1979

Statute Details
Printable Version
Citation: Prevention of Cruelty to Animals Act 1979



Last Checked by Web Center Staff:

Summary:   The Prevention of Cruelty to Animals Act 1979 (POCTAA) is the primary piece of legislation that aims to protect animals from cruelty in New South Wales, Australia.  POCTAA establishes certain acts or omissions as offences and also provides defences to a charge under the Act in certain circumstances. POCTAA prohibits cruelty and aggravated cruelty generally, as well as a number of other types of activities, including neglect, confinement, abandonment, failure to act in certain circumstances, some transport-related activities, inappropriate use, mutilation, poisoning, torture, fighting and baiting, certain hunting and trapping related activities, selling severely injured animals and failing to take action where an animal is injured by a vehicle.


Statute in Full:

 Prevention of Cruelty to Animals Act 1979

As at 9 November 2004

Does not include amendments by:

Law Enforcement (Powers and Responsibilities) Act 2002 No 103 (not commenced) Veterinary Practice Act 2003 No 87 (not commenced)

See also:

Prevention of Cruelty to Animals Amendment Bill 2004

Reprint history:

Reprint No 1 9 February 1988 Reprint No 2 11 November 1991 Reprint No 3 3 June 1996 Reprint No 4 13 March 2001

Long Title

An Act for the prevention of cruelty to animals.

Part 1 - Preliminary

1 Name of Act

This Act may be cited as the Prevention of Cruelty to Animals Act 1979 .

2 Commencement

(1) This section and section 1 shall commence on the date of assent to this Act.

(2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Objects of Act

The objects of this Act are:

(a) to prevent cruelty to animals, and

(b) to promote the welfare of animals by requiring a person in charge of an animal:

(i) to provide care for the animal, and

(ii) to treat the animal in a humane manner, and

(iii) to ensure the welfare of the animal.

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

animal means:

(a) a member of a vertebrate species including any:

(i) amphibian, or

(ii) bird, or

(iii) fish, or

(iv) mammal (other than a human being), or

(v) reptile, or

(b) a crustacean but only when at a building or place (such as a restaurant) where food is prepared or offered for consumption by retail sale in the building or place.

animal trade means a trade, business or profession in the course of which any animal is kept or used for a purpose prescribed for the purposes of this definition.

 

approved charitable organisation means a charitable organisation for the time being approved by the Minister in accordance with section 34B.

 

authorise includes direct and permit.

 

bull includes ox, bullock, steer, cow, heifer and calf.

 

bull-fight includes any exhibition, spectacle or display (whether or not conducted for the purpose of gain) in which a person:

 

(a) commits an act of cruelty upon a bull,

(b) teases a bull, or does any other thing in relation to a bull, in a manner that is likely to cause the bull to fight or to suffer pain or injury, or

(c) attempts to do any of the things mentioned in paragraph (a) or (b),

whether or not for the purpose of causing the bull to fight.

 

cage includes a pit, pen, kennel, hutch and any other similar receptacle.

 

cat means an animal which is a member of the family Felidae.

 

charitable organisation means:

 

(a) the Royal Society for the Prevention of Cruelty to Animals, New South Wales, and

(b) any other organisation or association which has as one of its objects the promotion of the welfare of, or the prevention of cruelty to, animals, or any class of animals, and which is a non-profit organisation having as one of its objects a charitable, benevolent, philanthropic or patriotic purpose.

confine , in relation to an animal, includes:

 

(a) keep the animal in captivity by means of a cage or by any other means,

(b) pinion, mutilate or maim the animal for the purpose of hindering, impeding or preventing the freedom of movement of the animal,

(c) subject the animal to a device or contrivance for the purpose of hindering, impeding or preventing the freedom of movement of the animal, and

(d) tether the animal by means of a rope, chain or cord or by any other means.

court means a Local Court.

 

dog includes a bitch and a puppy.

 

domestic animal means an animal which is tame or which has been, or is being, sufficiently tamed to serve some purpose for the use of human beings, or which, although it neither has been nor is being nor is intended to be so tamed, is or has become in fact wholly or partly tame.

 

horse includes a stallion, gelding, mare, colt, filly, foal, pony, mule, donkey, ass and jenny.

 

officer means:

 

(a) a member of the police force or an inspector within the meaning of the Animal Research Act 1985 ,

(b) an officer of an approved charitable organisation who is a special constable within the meaning of the Police Offences Act 1901 , or

(c) a public servant who is appointed by the Minister as an officer for the purposes of this Act.

owner includes a joint owner.

 

pain includes suffering and distress.

 

person in charge , in relation to an animal, includes:

 

(a) the owner of the animal,

(b) a person who has the animal in the person's possession or custody, or under the person's care, control or supervision,

(c) where a person referred to in paragraph (b) is bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal, that servant or agent, as the case may be, and

(d) where the animal, being a stock animal, is confined in a sale-yard:

(i) the owner of the sale-yard, or

(ii) where the sale-yard is the subject of a lease, the lessee of the sale-yard.

pinion , in relation to an animal, means cut off the pinion of a wing of a bird or otherwise disable the wing or wings of a bird.

 

premises means any place which is not a public place.

 

public place means any place, including any road, to which the public has its own right to resort.

 

regulation means a regulation made under this Act.

 

sale-yard means any premises or public place used or established for use wholly or partly for the sale of stock animals.

 

stock animal means an animal which belongs to the class of animals comprising cattle, horses, sheep, goats, swine, poultry and any other species of animal prescribed for the purposes of this definition.

 

veterinary surgeon means a registered veterinary surgeon under the Veterinary Surgeons Act 1986 .

 

veterinary treatment , in relation to an animal, means:

 

(a) medical treatment of a prophylactic or therapeutic nature carried out upon the animal by, or in accordance with directions given in respect of the animal by, a veterinary surgeon, or

(b) surgical treatment of a prophylactic or therapeutic nature, or sterilisation, carried out upon the animal by a veterinary surgeon.

(2) For the purposes of this Act, a reference to an act of cruelty committed upon an animal includes a reference to any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably:

(a) beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,

(b) over-loaded, over-worked, over-driven, over-ridden or over-used,

(c) exposed to excessive heat or excessive cold, or

(d) inflicted with pain.

(2A) For the purposes of subsection (2) (a), the pinioning of a bird is not an act of cruelty if it is carried out in the manner prescribed by the regulations.

(3) For the purposes of this Act, a person commits an act of aggravated cruelty upon an animal if the person commits an act of cruelty upon the animal or (being the person in charge of the animal) contravenes section 5 (3) in a way which results in:

(a) the death, deformity or serious disablement of the animal, or

(b) the animal being so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive.

Part 2 - Offences

 

5 Cruelty to animals

(1) A person shall not commit an act of cruelty upon an animal.

(2) A person in charge of an animal shall not authorise the commission of an act of cruelty upon the animal.

(3) A person in charge of an animal shall not fail at any time:

(a) to exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal,

(b) where pain is being inflicted upon the animal, to take such reasonable steps as are necessary to alleviate the pain, or

(c) where it is necessary for the animal to be provided with veterinary treatment, whether or not over a period of time, to provide it with that treatment.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

6 Aggravated cruelty to animals

(1) A person shall not commit an act of aggravated cruelty upon an animal.

Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.

(2) In any proceedings for an offence against subsection (1), the court before which the proceedings are being taken may:

(a) where it is not satisfied that the person accused of the offence is guilty of the offence, and

(b) where it is satisfied that that person is guilty of an offence against section 5 (1),

convict that person of an offence against section 5 (1).

7 Carriage and conveyance of animals

(1) A person shall not:

(a) carry or convey an animal, or

(b) where the person is a person in charge of an animal--authorise the carriage or conveyance of the animal,

in a manner which unreasonably, unnecessarily or unjustifiably inflicts pain upon the animal.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) Without limiting the generality of subsection (1), a person shall not:

(a) carry or convey a horse on a multi-deck vehicle, or

(b) where the person is a person in charge of the horse--authorise the carriage or conveyance of a horse on a multi-deck vehicle.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2A) Without limiting subsection (1), a person must not carry or convey a dog (other than a dog being used to work livestock), on the open back of a moving vehicle on a public street unless the dog is restrained or enclosed in such a way as to prevent the dog falling from the vehicle.

Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

(3) In this section:

 

multi-deck vehicle means a motor vehicle or a trailer drawn by a motor vehicle that:

 

(a) is used to carry or convey animals, and

(b) on which animals are carried or conveyed in two or more layered sections.

8 Animals to be provided with food, drink or shelter

(1) A person in charge of an animal shall not fail to provide the animal with food, drink or shelter, or any of them, which, in each case, is proper and sufficient and which it is reasonably practicable in the circumstances for the person to provide.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with clean water during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient drink during that period.

(3) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with food or shelter during a period of 24 hours (or, in the case of an animal of a class prescribed by the regulations, during the period prescribed for that class of animal) is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient food or shelter during that period.

(4) Before commencing proceedings for an offence against subsection (1) in respect of a stock animal depastured on rateable land (within the meaning of the Rural Lands Protection Act 1998 ), the prosecution must obtain advice from a rural lands protection board and the Department of Agriculture about the state of the animal (if practicable) and the appropriate care for it.

(5) The prosecution may, with leave of the court granted in such circumstances as the court considers just, commence or continue proceedings for an offence against subsection (1), despite having failed to comply with subsection (4).

9 Confined animals to be exercised

(1) A person in charge of an animal which is confined shall not fail to provide the animal with adequate exercise.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(1A) Subsection (1) does not apply to a person in charge of an animal if the animal is:

(a) a stock animal other than a horse, or

(b) an animal of a species which is usually kept in captivity by means of a cage.

(2) In any proceedings for an offence against subsection (1), evidence that an animal referred to in that subsection was not released from confinement during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with adequate exercise during that period.

(3) A person in charge of an animal (other than a stock animal) shall not confine the animal in a cage of which the height, length or breadth is insufficient to allow the animal a reasonable opportunity for adequate exercise.

Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(4) In any proceedings for an offence against subsection (3) in respect of an animal, the person accused of the offence is not guilty of the offence if the person satisfies the court before which the proceedings are being taken that the person confined the animal:

(a) for the purpose of:

(i) carrying or conveying the animal, or

(ii) displaying the animal in a public exhibition or public competition,

in a manner that inflicted no unnecessary pain upon the animal, and

(b) for a period not exceeding 24 hours.

10 Tethering of animals

(1) A person shall not:

(a) tether an animal, or

(b) where the person is a person in charge of an animal--authorise the tethering of the animal,

for an unreasonable length of time or by means of an unreasonably heavy, or unreasonably short, rope, chain or cord.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) A person must not tether a sow in a piggery.

Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

11 Animals not to be abandoned

A person shall not abandon an animal.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

12 Certain operations not to be performed on animals

(1) A person shall not:

(a) dock the tail of a horse, bull, ox, bullock, steer, cow, heifer, calf or dog,

(b) crop the ears of a dog,

(c) operate upon a dog for the purpose of preventing the dog from being able to bark,

(d) remove one or more of the claws of a cat,

(e) grind, trim or clip one or more teeth of a sheep,

(f) perform a clitoridectomy on a greyhound, or

(g) fire or hot iron brand the face of an animal.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence:

(a) was docking the tail of a calf less than 6 months old when the offence was alleged to have been committed, or

(a1) (Repealed)

(b) was:

(i) docking the tail of a cow, heifer or female calf,

(ii) operating upon a dog for the purpose of preventing the dog from being able to bark,

(iii) removing one or more of the claws of a cat,

(iv) grinding, trimming or clipping one or more teeth of a sheep,

(v) performing a clitoridectomy on a greyhound, or

(vi) firing or hot iron branding the face of an animal,

by a veterinary surgeon,

and the procedure was performed in the prescribed circumstances and in accordance with any conditions specified in the regulations.

(2A) A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence was the docking of the tail of a dog, was performed by a veterinary surgeon and was in the interests of the dog's welfare.

(3) In this section:

 

clip the tooth of a sheep means breaking off the crown of a tooth with pliers or another tool or implement.

 

grind the tooth of a sheep means grinding down a tooth with an electric angle grinder or another tool or implement.

 

trim the tooth of a sheep means cutting off a tooth with an abrasive disc or another tool or implement.

 

12A Registers relating to certain procedures

(1) A veterinary surgeon who carries out a procedure referred to in section 12 (1) shall, not later than 7 days after carrying out the procedure, enter the prescribed particulars of the procedure in a register kept in the prescribed form by the veterinary surgeon or the employer of the veterinary surgeon.

Maximum penalty: 50 penalty units.

(2) A register containing the prescribed particulars of a procedure shall be kept by:

(a) the veterinary surgeon or former veterinary surgeon who carried out the procedure, or

(b) if the veterinary surgeon who carried out the procedure did so in the course of employment by another person, by that employer or former employer,

for a period of not less than 2 years after the procedure is carried out.

Maximum penalty: 50 penalty units.

(3) A person shall, at the request of an officer, make available for inspection by the officer any register required to be kept by the person under this section.

Maximum penalty: 50 penalty units.

(4) Nothing in subsection (3) limits the powers of an officer under section 25.

13 Certain animals not to be ridden etc

A person shall not:

(a) ride, drive, use, carry or convey an animal, or

(b) where the person is a person in charge of an animal--authorise the riding, driving, using, carrying or conveying of the animal,

if the animal is unfit for the purpose of its being so ridden, driven, used, carried or conveyed.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

14 Injuries to animals to be reported

The driver of a vehicle which strikes and injures an animal (other than a bird) shall not fail:

(a) where, in consequence of the injury, pain has been inflicted upon the animal--to take reasonable steps to alleviate the pain, and

(b) where that driver believes, or ought reasonably to believe, that the animal is a domestic animal--to inform, as soon as practicable, an officer or a person in charge of the animal that the animal has been injured.

Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

15 Poisons not to be administered to animals

(1) In this section, poison includes:

(a) a substance included in the list, as in force for the time being, proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966 (or a substance that includes such a substance), or

(b) a substance containing glass or any other thing likely to kill or injure an animal.

(2) A person shall not:

(a) administer a poison, or a substance containing a poison, to a domestic animal,

(b) with the intention of destroying or injuring a domestic animal, throw, cast, drop, leave or lay a poison, or a substance containing a poison, in any place, or

(c) have in his or her possession a poison with the intention of using it to kill or injure a domestic animal.

Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.

16 Certain electrical devices not to be used upon animals

(1) In this section:

 

electrical device means a device of a type prescribed by the regulations.

 

sell includes:

 

(a) auction or exchange,

(b) offer, expose, supply or receive for sale, and

(c) send, forward or deliver for sale or on sale.

(2) A person shall not:

(a) use an electrical device upon an animal,

(b) sell any electrical device, or

(c) have in his or her possession or custody any electrical device.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(3) Nothing in subsection (2) prevents a person from:

(a) using an electrical device upon an animal belonging to a prescribed species, or

(b) selling or having in his or her possession or custody an electrical device for use upon an animal belonging to a prescribed species.

17 Certain spurs etc or implements designed for fighting not to be kept

A person shall not have in his or her possession or custody:

(a) any spur, or any other similar appliance, which has sharpened rowels, or

(b) any article, implement or other thing made or adapted, or intended by the person to be used, for attachment to an animal for the purpose of:

(i) training the animal to fight another animal, or

(ii) increasing the ability of the animal to inflict injury on another animal during fighting.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

18 Animal baiting and fighting prohibited

(1) A person shall not:

(a) use any place, or manage or control any place which is used,

(b) authorise any place to be used, or

(c) receive money for the admission of another person to any place which is used,

for the purpose of conducting a bull-fight, baiting an animal or causing an animal to fight.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) A person must not:

(a) cause, procure, permit, encourage or incite a fight in which one or more animals are pitted against another animal or animals, whether of the same species or not, or

(b) advertise the intention to conduct such a fight, or

(c) promote, organise or attend such a fight.

Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(3) In any proceedings under subsection (2), evidence that the defendant was present at a place at which a fight of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the fight.

18A Bull-fighting prohibited

A person shall not advertise, promote or take part in a bull-fight.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

19 Trap-shooting prohibited

A person shall not advertise, promote or take part in a match, competition or other activity in which an animal is released from confinement for the purpose of that person, or any other person, shooting at it.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

19A Game parks prohibited

(1) In this section:

 

animal does not include a bird, reptile, amphibian or fish.

 

game park means premises within the boundaries of which:

 

(a) animals are confined, and

(b) the taking or killing of those animals as a sport or recreation is permitted by virtue of the payment of an admission fee or the giving of other consideration.

take , in relation to any animal, includes hunt, shoot, poison, net, snare, spear, pursue, capture and injure the animal.

 

(2) A person shall not:

(a) use any premises, or manage or control any premises which are used,

(b) authorise any premises to be used, or

(c) receive money or any other consideration for the admission of another person to any premises which are used,

for the purposes of a game park.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(3) A person admitted to a game park by virtue of the payment of an admission fee or the giving of other consideration shall not take or kill any animal in the game park.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(4) Nothing in this section applies to:

(a) such animals, or

(b) the taking or killing of animals in such circumstances by such persons or in or on such premises,

as may be prescribed for the purposes of this section.

20 Certain animal-catching activities prohibited

A person shall not advertise, promote or take part in a match, competition or other activity in which an animal is released from confinement for the purpose of that person, or any other person, chasing, catching or confining it.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

21 Coursing etc prohibited

(1) A person who:

(a) causes, procures, permits or encourages an activity in which an animal is used for the purpose of its being chased, caught or confined by a dog, or

(b) advertises the intention to conduct such an activity, or

(c) promotes, organises or attends such an activity, or

(d) uses an animal as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog, or

(e) keeps or is in charge of an animal for use as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog,

is guilty of an offence.

Maximum penalty: 1,000 penalty units in the case of a corporation or 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.

(2) In any proceedings under subsection (1), evidence in writing by a veterinary surgeon that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack.

(2A) In any proceedings under subsection (1) (c), evidence that the defendant was present at a place at which an activity of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the activity.

(2B) In any proceedings under subsection (1) (d), evidence that the defendant was in charge of an animal that appeared to have been used as a lure or kill in the manner referred to in that subsection is prima facie evidence that the defendant used the animal as a lure or kill in that manner.

(2C) In any proceedings under subsection (1) (e), evidence that the defendant was in charge of an animal of a species prescribed by the regulations at a place used for the trialing, training or racing of any coursing dog is prima facie evidence that the defendant kept or was in charge of an animal for use as a lure or kill for the purpose referred to in that subsection.

(3) In any proceedings for an offence against subsection (1), the person accused of the offence is not guilty of the offence if the person satisfies the court before which the proceedings are being taken that the act in respect of which the proceedings are being taken was done by that person in the course of, and for the purpose of, mustering stock animals.

21A Firing prohibited

A person who applies a thermal stimulus (such as hot wires) to the leg of an animal with the intention of causing tissue damage and the development of scar tissue around tendons and ligaments of the leg is guilty of an offence.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

21B Tail nicking prohibited

A person who cuts the tail of a horse with the intention of causing the horse to carry the tail high is guilty of an offence.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

21C Steeplechasing and hurdle racing prohibited

A person who organises or participates in a steeplechase or hurdle race is guilty of an offence.

Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

21D Confining of bird by ring and chain prohibited

A person who confines a bird by means of a ring around its leg and a chain attached to the ring is guilty of an offence.

Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

22 Severely injured animals not to be sold

(1) Subject to subsection (2), a person shall not purchase, acquire, keep or sell, or offer or expose for sale, an animal which is so severely injured, so diseased or in such a condition that it is cruel to keep it alive.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) In any proceedings for an offence against subsection (1), the person accused of the offence is not guilty of the offence if the person satisfies the court before which the proceedings are being taken that the person purchased, acquired, kept or sold, or offered or exposed for sale, the animal referred to in that subsection for the purpose of causing it to be promptly destroyed.

(3) Where a person purchases or acquires an animal for the purpose of causing the animal to be promptly destroyed, the person shall cause it to be promptly destroyed in a manner that causes it to die quickly and without unnecessary pain.

Maximum penalty (subsection (3)): 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

23 Certain traps not to be set

(1) A person shall not, in a prescribed part of New South Wales, set a trap of a prescribed type.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) A person must not:

(a) in any part of New South Wales, set a steel-jawed trap, or

(b) possess a steel-jawed trap with the intention of using it to trap an animal.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(3) In this section:

 

steel-jawed trap means a trap that has jaws that are made of steel, iron or other metal and that are designed to spring together and trap an animal when a leg or other part of the animal's body comes into contact with, or is placed between, the jaws, but does not include a soft-jawed trap (that is, a trap with steel jaws that are offset and padded).

 

24 Certain defences

(1) In any proceedings for an offence against this Part or the regulations in respect of an animal, the person accused of the offence is not guilty of the offence if the person satisfies the court before which the proceedings are being taken that the act or omission in respect of which the proceedings are being taken was done, authorised to be done or omitted to be done by that person:

(a) where, at the time when the offence is alleged to have been committed, the animal was:

(i) a stock animal--in the course of, and for the purpose of, ear-marking or ear-tagging the animal or branding, other than firing or hot iron branding of the face of, the animal,

(ii) a pig of less than 2 months of age or a stock animal of less than 6 months of age which belongs to a class of animals comprising cattle, sheep or goats--in the course of, and for the purpose of, castrating the animal,

(iii) a goat of less than 1 month of age or a stock animal of less than 12 months of age which belongs to the class of animal comprising cattle--in the course of, and for the purpose of, dehorning the animal,

(iv) a sheep of less than 6 months of age--in the course of, and for the purpose of, tailing the animal, or

(v) a sheep of less than 12 months of age--in the course of, and for the purpose of, performing the Mules operation upon the animal,

in a manner that inflicted no unnecessary pain upon the animal,

(b) in the course of, and for the purpose of:

(i) hunting, shooting, snaring, trapping, catching or capturing the animal, or

(ii) destroying the animal, or preparing the animal for destruction, for the purpose of producing food for human consumption,

in a manner that inflicted no unnecessary pain upon the animal,

(c) in the course of, and for the purpose of, destroying the animal, or preparing the animal for destruction:

(i) in accordance with the precepts of the Jewish religion or of any other religion prescribed for the purposes of this subparagraph, or

(ii) in compliance with any duty imposed upon that person by or under this or any other Act,

(d) in the course of, and for the purpose of, providing the animal with veterinary treatment, or

(e) in the course of, and for the purpose of:

(i) carrying out animal research, or

(ii) supplying animals for use in connection with animal research,

in accordance with the provisions of the Animal Research Act 1985 .

(2) Subsection (1) (b) does not apply to a person accused of an offence against section 19A.

(3) Subsection (1) (d) does not apply to a person accused of an offence against section 12 (1) if the alleged offence was the docking of the tail of a dog.

Part 3 - Miscellaneous

 

25 Powers of officers in respect of certain places

(1) An officer who is the holder of a prescribed authority may:

(a) enter a place:

(i) which is used for the purpose of a sale-yard or an animal trade, or

(ii) in or on which an animal is being used, or kept for use, in connection with any other trade, or any business or profession (including a place used by a veterinary surgeon for the purpose of carrying on his or her profession), and

(b) inspect and examine:

(i) the place,

(ii) any animal which is in or on the place,

(iii) any accommodation or shelter which is provided in or on the place for any animal, and

(iv) any register which is kept under this Act or the regulations and which is in or on the place,

(c) require any person found in or on the place to produce any register required to be kept under this Act or the regulations, and

(d) take copies of, or extracts or notes from, any such register.

(2) Subsection (1) does not authorise an officer to exercise the powers referred to in that subsection in respect of designated land in relation to any animal research authorised to be carried out on that land by an animal research authority (being an authority that is in force), unless the officer is an inspector. In this subsection, designated land , animal research , animal research authority and inspector have the same meanings as they have in the Animal Research Act 1985 .

(3) Where an officer who is the holder of a prescribed authority exercises a power conferred upon the officer by this section, the officer shall produce the authority, if requested to do so by an occupier of the place, for inspection by that occupier.

(4) An officer may exercise a power conferred by this section in the company and with the aid of such assistants as the officer considers necessary.

(5) A person shall not fail to comply with a requirement made by an officer under subsection (1) (c).

Maximum penalty: 25 penalty units.

26 Powers of officers, generally

(1) Where an officer who is the holder of a prescribed authority suspects, on reasonable grounds, that an offence against Part 2 is being, has been or is about to be committed in respect of an animal, the officer may:

(a) take possession of the animal (or, if the animal is dead, the animal's carcase),

(b) remove the animal (or carcase) to such place as the officer thinks fit, and

(c) retain possession of the animal (or carcase):

(i) except as provided in subparagraph (ii)--for a period not exceeding 30 days from the date upon which the officer takes possession of the animal (or carcase) under paragraph (a), or

(ii) where, within the period referred to in subparagraph (i), proceedings are commenced in respect of the offence, and unless the court before which the proceedings are being taken otherwise directs--until the proceedings are finally determined,

but nothing in this subsection limits the operation of subsections (2)-(5).

(2) Where, in the opinion of an officer who is the holder of a prescribed authority:

(a) an animal has not been provided with proper and sufficient food or drink during the previous 24 hours (or, in the case of the provision of food to an animal of a class prescribed by the regulations, during the period prescribed for that class of animal), and

(b) the animal is not being provided with that food or drink,

the officer may:

(c) take possession of the animal,

(d) remove the animal to such place as the officer thinks fit, and

(e) retain possession of the animal for such period of time as may be necessary for it to be provided with that food or drink.

(3) Where, in the opinion of an officer who is the holder of a prescribed authority:

(a) an animal is so severely injured, so diseased or in such a physical condition that it is necessary that the animal be provided with veterinary treatment, and

(b) the animal is not being provided with that treatment,

the officer may:

(c) take possession of the animal,

(d) remove the animal to such place as the officer thinks fit, and

(e) retain possession of the animal for such period of time as may be necessary for it to be provided with that treatment.

(4) Where, in the opinion of an officer who is the holder of a prescribed authority:

(a) an animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive, and

(b) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain upon the animal,

the officer may:

(c) take possession of the animal,

(d) remove the animal to such place as the officer thinks fit, and

(e) destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain.

(5) Where an officer who is the holder of a prescribed authority suspects, on reasonable grounds, that:

(a) an offence against Part 2 is being, has been or is about to be committed in respect of an animal,

(b) an animal:

(i) has not been provided with proper and sufficient food or drink during the previous 24 hours (or, in the case of the provision of food to an animal of a class prescribed by the regulations, during the period prescribed for that class of animal), and

(ii) is not being provided with that food or drink,

(c) an animal:

(i) is so severely injured, so diseased or in such a physical condition that it is necessary that the animal be provided with veterinary treatment, and

(ii) is not being provided with that treatment, or

(d) an animal:

(i) is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive, and

(ii) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain upon the animal,

the officer may inspect and examine the animal.

(5A) An officer who is the holder of a prescribed authority may, for the purpose of enabling the officer to exercise a power under this Act, direct the driver of a vehicle on which a dog is being carried or conveyed in contravention of section 7 (2A) to stop the vehicle. The direction to stop the vehicle must be made in a manner prescribed by the regulations by an officer who is identified in a manner so prescribed.

(5B) A person who refuses or fails to comply with a direction given by an officer under subsection (5A) is guilty of an offence.

Maximum penalty: 25 penalty units.

(6) Where an officer who is the holder of a prescribed authority exercises a power conferred upon the officer by subsection (1)-(5A) in respect of an animal, the officer shall produce the authority, if requested to do so by a person in charge of the animal, for inspection by that person.

(7) An officer who is the holder of a prescribed authority may, for the purpose of exercising a power conferred upon the officer by subsection (1)-(5), enter or remain in or on premises and, where the officer does so enter or remain, shall produce the authority, if requested to do so by an occupier of the premises, for inspection by that occupier.

(7A) Subsection (7) does not authorise an officer to exercise the powers referred to in that subsection in respect of designated land in relation to any animal research authorised to be carried out on that land by an animal research authority (being an authority that is in force), unless the officer is an inspector. In this subsection, designated land , animal research , animal research authority and inspector have the same meanings as they have in the Animal Research Act 1985 .

(7B) An officer may exercise a power conferred by this section:

(a) in a place other than residential premises--in the company and with the aid of such assistants as the officer considers necessary, or

(b) in residential premises--in the company and with the aid of such assistants, being persons of a class prescribed by the regulations, as the officer considers necessary.

(8) The reasonable expenses incurred by:

(a) an officer who is a member of the police force or another person on behalf of the police force,

(b) an officer of a charitable organisation or another person on behalf of the organisation, or

(c) an officer who is a public servant or another person on behalf of the Crown,

in the exercise of the powers conferred by this section in respect of an animal, or in complying with the related duties imposed by this Act or the regulations, may be recovered from the owner of the animal as a debt in a court of competent jurisdiction by the officer or any other person acting on behalf of the police force, charitable organisation or Crown.

26A Power of seizure

(1) An officer who is the holder of a prescribed authority and who is lawfully in any place investigating a suspected breach of this Act or the regulations may seize:

(a) a thing with respect to which an offence has been committed, or

(b) a thing that will afford evidence of the commission of an offence, or

(c) a thing that was used, or is intended to be used, for the purpose of committing an offence.

(2) A reference in subsection (1) to an offence includes a reference to an offence that there are reasonable grounds for believing has been, or is to be, committed.

(3) An officer who seizes a thing under this section must provide the occupier of the place with a receipt acknowledging the seizure of the thing if the occupier is then present and it is reasonably practical to do so.

(4) If an officer seizes a thing under this section, it may be retained by the officer until the completion of any proceedings (including proceedings on appeal) in which it may be tendered in evidence, but only if, in the case of seized documents, the person from whom the documents were seized is provided, within a reasonable time after the seizure, with a copy of the documents certified by an officer to be a true copy.

(5) Subsection (4) ceases to have effect in relation to any thing seized if, on the application of the person aggrieved by the seizure, the court in which the proceedings referred to in that subsection are instituted orders the officer to return the thing seized.

(6) An officer exercising a power under this section must produce the officer's authority, if requested to do so by an occupier of the place, for inspection by the occupier.

(7) In this section, place includes premises and a vehicle.

26AA Powers of veterinary surgeons to destroy animals

(1) Where, in the opinion of a veterinary surgeon:

(a) an animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive, and

(b) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain upon the animal,

the veterinary surgeon may:

(c) take possession of the animal,

(d) remove the animal to such place as the veterinary surgeon thinks fit, and

(e) destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain.

(2) The reasonable costs incurred by a veterinary surgeon in the exercise of the powers conferred upon the veterinary surgeon by subsection (1) in respect of an animal may be recovered from the owner of the animal as a debt in a court of competent jurisdiction by the veterinary surgeon.

26B Power of sale-yard or abattoir managers to destroy animals

(1) This section applies in respect of an animal in a sale-yard or abattoir that, in the opinion of the manager of the sale-yard or abattoir:

(a) is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive, and

(b) is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal.

(2) The manager of the sale-yard or abattoir may destroy, or cause to be destroyed, an animal to which this section applies in a manner that causes it to die quickly and without unnecessary pain.

(3) The manager of the sale-yard or abattoir, when destroying an animal in accordance with this section, is taken to have the same powers as an officer has to destroy an animal under this Act.

27 Search warrant

(1) In this section, authorised justice has the same meaning as in the Search Warrants Act 1985 .

(2) A person may apply to an authorised justice for a search warrant if the person has reasonable grounds for believing that there is, in or on any premises, an animal in respect of which an offence against this Act or the regulations:

(a) is, or is suspected of, being committed,

(b) has, or is suspected of having, been committed, or

(c) is, or is suspected of being, about to be committed.

(3) An authorised justice to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an officer named in the warrant, together with any person so named:

(a) to enter and search the premises, and

(b) to inspect and examine any animal or register which is in or on the premises.

(4) Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.

(5) Without affecting the generality of section 18 of the Search Warrants Act 1985 , a member of the police force may accompany an officer executing a search warrant issued under this section.

27A Officers may demand name and address

(1) An officer who finds a person:

(a) who is committing an offence against this Act or the regulations, or

(b) whom the officer suspects, on reasonable grounds, of having committed or attempted to commit such an offence,

may require that person to inform the officer forthwith of that person's full name and residential address.

(2) A person shall not fail to comply with a requirement made by an officer under subsection (1).

Maximum penalty: 25 penalty units.

(3) A person is not guilty of an offence under this section unless the officer:

(a) warned the person that failure to comply with the requirement is an offence, and

(b) identified himself or herself to the person as an officer.

28 Obstruction of persons exercising powers etc

A person shall not obstruct, hinder or interfere with any other person while that other person is exercising or performing any power, authority, duty or function conferred upon that other person by or under this Act.

Maximum penalty: 50 penalty units.

29 Court may order production of animal

(1) Upon complaint made on oath by an officer that the officer suspects, on reasonable grounds, that an offence against this Act or the regulations is being, or has been, committed in respect of an animal, a Magistrate may issue a summons against a person in charge of the animal requiring the person to produce the animal, or cause the animal to be produced, before a court specified in the summons, and at a time and date so specified, for the inspection of the court.

(2) A person upon whom a summons issued under subsection (1) is served shall not, without reasonable cause, fail to comply with the summons.

Maximum penalty: 25 penalty units.

29A False or misleading entries in registers

A person shall not knowingly make, or authorise the making of, a false or misleading entry in a register that the person is required to keep or cause to be kept under this Act or the regulations.

Maximum penalty: 50 penalty units.

29B False information

(1) This section applies to the provision of information to an officer in the exercise of a power conferred on the officer by this Part to require the provision of the information.

(2) A person who provides information to which this section applies that the person knows is false or misleading in a material particular is guilty of an offence.

Maximum penalty: 50 penalty units.

(3) A person is not guilty of an offence against this section unless the officer:

(a) warned the person of the requirement to provide information that is not false or misleading, and

(b) identified himself or herself to the person as an officer.

29C Court may make order regarding care of animals

(1) This section applies if:

(a) an officer has located an animal or animals that require urgent maintenance and care, and

(b) the owner of the animal or animals has died or cannot, after reasonable inquiries by the officer, be located, and

(c) so far as the officer can ascertain, after the making of reasonable inquiries, no other person is responsible for the maintenance and care of the animal or animals.

(2) An officer may apply to a court and the court may order, in circumstances to which this section applies, that the officer be permitted to enter and use the facilities of the place on which the animal or animals are located for their immediate maintenance and care, subject to such conditions (if any) that the court may specify.

(3) Before applying for an order under this section, the officer must obtain, or cause to be obtained, advice as to the appropriate care of the animal or animals:

(a) in the case of livestock--from a rural lands protection board or the Department of Agriculture, or

(b) in the case of other animals--from an appropriate body or person.

(4) An order under this section has effect for such period (not exceeding 30 days) that the court orders.

(5) An officer may, before the expiration of an order made under this section, apply to the court for a further order. However, the maximum duration of all orders made by a court in respect of the same animal or animals must not exceed 90 days.

(6) In this section, facilities includes stock-yards and other fixed improvements used for the keeping of livestock or other animals, water and watering equipment and any stock or other feed growing or stored on the place on which the animal or animals are located that is necessary and appropriate for their maintenance and care.

30 Court may order destruction of animal

(1) Where:

(a) a court has convicted a person of an offence against this Act or the regulations in respect of an animal, and

(b) the court is satisfied that the animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive,

the court may:

(c) make an order that the animal be destroyed by such person as is specified in the order, and

(d) where it has made an order under paragraph (c)--make a further order that the person referred to in paragraph (a) pay to the person specified in the order made under paragraph (c) such costs in respect of the destruction of the animal as are specified in that further order.

(2) A person specified in an order made under subsection (1) (c) shall, as soon after that person has been served with the order as is practicable, destroy the animal to which the order relates, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain.

(3) Where a court has made an order under subsection (1) (d), the person to whom the costs specified in the order are required by the order to be paid may recover those costs from the person who is required by the order to pay those costs as a debt in a court of competent jurisdiction.

30A Court may order payment of certain costs

(1) Where a court has convicted a person of an offence against this Act or the regulations in respect of an animal, the court may order that the person convicted pay to a person, a charitable organisation, the police force or a government department specified in the order such amount as is specified in the order for expenses incurred with respect to any one or more of the following:

(a) taking possession of the animal,

(b) transporting the animal,

(c) providing the animal with food and drink,

(d) providing the animal with shelter, or

(e) providing the animal with veterinary treatment.

(2) Where a court has made an order under subsection (1), the person or organisation to whom or which the specified amount is required by the order to be paid, or a person acting on behalf of any such organisation, may recover the amount as a debt in a court of competent jurisdiction from the person who is required by the order to pay that amount.

(3) Nothing in this section limits the operation of section 26 (8), 26A or 30.

31 Court may make order regarding disposal of animal

(1) Subject to subsection (2), where:

(a) a court has convicted a person in charge of an animal of an offence against this Act or the regulations in respect of the animal, and

(b) the court is satisfied that, if that person continues to be a person in charge of the animal, that person is likely to commit a further offence against this Act or the regulations in respect of the animal,

the court may, in addition to any penalty which it may otherwise impose, make such order in respect of the disposal of the animal as it thinks fit.

(2) Where a court has convicted a person in charge of an animal of an offence against section 5 or 6 (1), the court may, in addition to any penalty which it may otherwise impose:

(a) make such order in respect of the disposal of:

(i) the animal in respect of which the offence was committed, and

(ii) any other animal of which the person is a person in charge,

as it thinks fit, and

(b) where it has made an order under paragraph (a), make a further order that the person shall not:

(i) purchase or acquire, or

(ii) take possession or custody of,

any animal within such period as is specified in the order.

(3) A person upon whom an order made under subsection (1) or (2) is served shall not fail to comply with the order.

Maximum penalty: 25 penalty units.

(4) If an officer has taken possession of an animal under section 26 (1), the officer may apply to the court before which the proceedings for the offence against this Act in respect of the animal are commenced for an order for the disposal of the animal before the proceedings are finally determined.

(5) The court to which an application under subsection (4) is made may:

(a) order that the animal in respect of which the application is made be sold or otherwise disposed of in such manner as the court considers appropriate in the circumstances, and

(b) direct that the proceeds of the sale or other disposal be held in trust pending the determination of the proceedings for the offence and the further order of the court, and

(c) make such other orders as the court considers appropriate.

31A Sale of certain animals by charitable organisations

(1) This section applies in respect of the following:

(a) an animal retained by an officer of a charitable organisation in accordance with this Act,

(b) a stray or abandoned animal delivered to or otherwise coming into the possession of a charitable organisation,

(c) an animal surrendered to a charitable organisation.

(1A) If:

(a) an animal to which this section applies has been held by or on behalf of a charitable organisation or an officer of a charitable organisation:

(i) for a period of not less than 7 days after the animal was taken or otherwise came into the possession of the charitable organisation or officer, and

(ii) for a further 7 days after a proposed sale of the animal is advertised in the manner set out in the regulations, and

(b) the owner or person in charge of the animal immediately before the animal was taken or otherwise came into the possession of the charitable organisation or officer has failed to claim the animal,

the charitable organisation or officer, or a person acting on behalf of the organisation, may sell or arrange for the sale of the animal or, if the animal is not sold within 14 days after its proposed sale is advertised, may otherwise dispose of or arrange for the disposal of the animal.

(2) When an animal is sold in accordance with this section:

(a) the purchaser acquires a good title to the animal, and

(b) the interest of the former owner or any other person who had an interest in the animal is extinguished.

(3) Compensation is not recoverable against any person or organisation in respect of the sale or other disposal of an animal in accordance with this section.

(4) An animal may not be sold or otherwise disposed of under this section if:

(a) any proceedings in respect of the animal for an offence against this Act or the regulations have been commenced but have not been finally determined, or

(b) an order has been made by a court under section 30 or 31 in respect of the destruction or other disposal of the animal.

32 Sale-yard owner may recoup expenses

The reasonable costs incurred by the owner or lessee of a sale-yard in complying with the duties imposed upon that owner or lessee by this Act or the regulations in respect of a stock animal which is confined in the sale-yard may be recovered by that owner or lessee from the owner of the animal as a debt in a court of competent jurisdiction.

 

32A Compensation not recoverable

(1) Compensation is not recoverable against any person in respect of the destruction of an animal in accordance with section 26 (4), 26A (1) or 30 (2).

(2) Compensation is not recoverable against any person in respect of:

(a) the disposal of an animal in accordance with a court order made under section 31 (5), or

(b) the use of the facilities of a place in accordance with a court order made under section 29C.

33 Alternative summons

(1) Where, at any time during proceedings for an offence against this Act or the regulations in respect of an animal, the person accused of the offence satisfies the court before which those proceedings are being taken that the act or omission in respect of which those proceedings are being taken was done, authorised to be done or omitted to be done by that person in compliance with an express direction given by:

(a) the owner of the animal, or

(b) where that person was bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal--the servant or agent,

that court:

(c) may:

(i) make an order that that person be discharged, or

(ii) adjourn those proceedings until the proceedings referred to in subsection (2) have been determined, and

(d) may issue a summons against that owner, servant or agent, as the case may be, in respect of the offence:

(i) within a period of 6 months after that time, or

(ii) within a period of 2 years after the date on which it is alleged that the offence occurred,

whichever period expires earlier.

(2) In any proceedings against a person for an offence in respect of which a summons has been issued against that person under subsection (1), the court before which the proceedings are being taken may, where it convicts that person of the offence, make an order that that person pay such costs in respect of the proceedings firstmentioned in that subsection as it thinks fit.

33A Offences by corporations

(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.

(2) A person may be proceeded against and convicted under a provision pursuant to this section whether or not the corporation has been proceeded against or convicted under the provision.

(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.

33B Permitting or failing to prevent commission or continuance of offence

(1) A person who owns or has the charge of an animal and who:

(a) knowingly permits an offence against this Act or the regulations to be committed in respect of the animal, or

(b) fails, without reasonable excuse, to prevent the commission or continuance of such an offence,

is guilty of an offence against this Act.

(2) A person who owns or occupies land on which an animal is located and who:

(a) knowingly permits an offence against this Act or the regulations to be committed on the land in respect of the animal, or

(b) fails, without reasonable excuse, to prevent the commission or continuance of such an offence,

is guilty of an offence against this Act.

(3) The maximum penalty for an offence against this section is the maximum penalty under this Act for the offence permitted under subsection (1) (a) or (2) (a) or not prevented under subsection (1) (b) or (2) (b).

33C Complicity and common purpose

(1) A person who aids, abets, counsels or procures the commission of an offence against this Act or the regulations by another person is taken to have committed that offence and is punishable accordingly.

(2) For the person to be found guilty:

(a) the person's conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person, and

(b) the offence must have been committed by the other person.

(3) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:

(a) terminated his or her involvement, and

(b) took all reasonable steps to prevent the commission of the offence.

(4) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the principal offender has not been proceeded against or convicted for the offence.

33D Attempts

A person who attempts to commit an offence for which a penalty is provided under this Act or the regulations is guilty of an offence and liable to that penalty.

 

34 Proceedings for offences

(1) Proceedings for an offence against this Act or the regulations may be dealt with:

(a) summarily before a Local Court constituted by a Magistrate sitting alone, or

(b) by the Supreme Court in its summary jurisdiction.

(2) If proceedings are brought before a Local Court, the maximum pecuniary penalty that a magistrate may impose for the offence is, despite any other provision of this Act, 200 penalty units.

(3) A court shall not convict a person of an offence against this Act or the regulations in respect of an act or omission where that, or any other, court has convicted the person of that, or any other, offence against this Act or the regulations in respect of that act or omission.

34A Guidelines relating to welfare of farm or companion animals

(1) The regulations may prescribe guidelines relating to the welfare of species of farm or companion animals.

(2) Before any guidelines are prescribed, the Minister is required to give the Animal Welfare Advisory Council, and representatives of any relevant livestock industry, an opportunity to review and comment on the guidelines.

(3) Compliance, or failure to comply, with guidelines prescribed by the regulations under this section is admissible in evidence in proceedings under this Act of compliance, or failure to comply, with this Act or the regulations.

34B Approved charitable organisations

(1) The Minister may, by order published in the Gazette, approve of a charitable organisation for the purposes of the exercise by its officers of law enforcement powers under this Act.

(2) The Minister may, by order published in the Gazette, withdraw an approval given under this section if the Minister considers that it is in the public interest to do so.

(3) A charitable organisation that has been approved in accordance with this section must, within one month after 30 June in each year, provide the Minister with a report of the exercise by its officers of law enforcement powers under this Act for the 12 months ending on 30 June in that year.

(4) In addition, a charitable organisation that has been approved in accordance with this section must, if requested by the Minister to do so, provide the Minister with a report on any matter specified by the Minister that relates to the enforcement of this Act by the organisation.

35 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:

(a) the conditions under which any animal or species of animal may be:

(i) confined,

(ii) carried or conveyed,

(iii) kept or used in connection with a circus, or

(iv) kept or used in connection with the production of films, television programmes or film, television or photographic advertisements or theatrical performances,

(b) the accommodation or shelter to be provided for any animal or species of animal,

(c) the manner in which, and the conditions under which, any animal or species of animal may be destroyed,

(d) the licensing, prohibition, regulation and control of animal trades,

(e) the fees to be paid in connection with the issue of a licence under this Act,

(f) the keeping of records or log books by persons who carry or convey animals, and

(g) the keeping of registers by veterinary surgeons and persons carrying on animal trades.

(2) A provision of a regulation may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or

(d) exempt any person, or any specified class of persons, either absolutely or subject to conditions, from the operation of any specified provision of this Act,

or may do any combination of those things.

(3) A regulation may impose a penalty not exceeding 25 penalty units for an offence against the regulation.

(4) A regulation made under subsection (1) (d) may:

(a) with respect to the licensing of an animal trade, provide for the issue of a licence subject to such conditions as the regulation may impose, or

(b) with respect to the regulation or control of an animal trade, provide that a person shall not conduct an animal trade unless the person is the holder of a licence issued in respect of the animal trade.

(5) Without limiting the generality of subsection (1), a regulation made for the purposes of section 23 may:

(a) prescribe, as a part of New South Wales, the whole of New South Wales except such part thereof as may be specified in the regulation, and

(b) prescribe a type of trap:

(i) by words,

(ii) by reference to a photographic representation which is depicted in, and forms part of, the regulation, or

(iii) by reference to a diagram which is depicted in, and forms part of, the regulation,

or by any combination of those methods.

35A Act binds Crown

(1) This Act binds the Crown in right of New South Wales and, so far as the legislative power of Parliament permits, the Crown in all its other capacities, except as provided in subsection (2).

(2) This Act does not apply:

(a) to the use and handling of police dogs and police horses by police officers, or drug detection dogs by officers of the Department of Corrective Services, in the course of their duties, or

(b) to other cases prescribed by the regulations.

36 Repeals and savings and transitional provisions

(1) Each Act specified in Column 1 of Schedule 1 is, to the extent specified opposite that Act in Column 2 of that Schedule, repealed.

(2) Schedule 2 has effect.

Schedule 1 Repeals

 

(Section 36 (1))

 

Column 1

 

Column 2

 

 

Year and number of Act

 

Short title of Act

 

Extent of repeal

 

1901, No 64

 

Prevention of Cruelty to Animals Act 1901 .

 

The whole Act.

 

1928, No 54

 

Prevention of Cruelty to Animals (Amendment) Act 1928 .

 

The whole Act.

 

1937, No 35

 

Statute Law Revision Act 1937 .

 

So much of the Second Schedule as amended Act No 64, 1901.

 

1943, No 44

 

Prevention of Cruelty to Animals (Amendment) Act 1943 .

 

Sections 1 (2) and (3) and 2 (1) and (3).

 

1951, No 17

 

Prevention of Cruelty to Animals (Amendment) Act 1951 .

 

The whole Act.

 

1952, No 1

 

Prevention of Cruelty to Animals (Amendment) Act 1952 .

 

The whole Act.

 

1953, No 35

 

Prevention of Cruelty to Animals (Amendment) Act 1953 .

 

Sections 1 (2) and (3) and 2.

 

1967, No 91

 

Prevention of Cruelty to Animals (Amendment) Act 1967 .

 

Sections 1 (2), 2, 3, 4 and 5 (2).

 

1973, No 45

 

Prevention of Cruelty to Animals (Amendment) Act 1973 .

 

The whole Act.

 

1977, No 19

 

Notice of Action and Other Privileges Abolition Act 1977 .

 

So much of Schedule 1 as amended Act No 64, 1901.

 

Schedule 2 Savings and transitional provisions

 

(Section 36 (2))

 

Part 1 - General

 

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Prevention of Cruelty to Animals Amendment Act 1997

Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

 

1A Definition

In this Part, commencement day means the day appointed and notified under section 2 (2).

 

2 (Repealed)

3 References in other Acts

On and from the commencement day, a reference in any other Act to the Prevention of Cruelty to Animals Act 1901 shall be read and construed as a reference to the Prevention of Cruelty to Animals Act 1979 .

 

Part 3 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment Act 1997

 

4 Certain charitable organisations taken to be approved for interim period

(1) A charitable organisation (including the Royal Society for the Prevention of Cruelty to Animals, New South Wales and the Animal Welfare League) whose officers were authorised under this Act immediately before the commencement of section 34B is taken to be an approved charitable organisation for a period of 3 months after that commencement.

(2) Nothing in this clause prevents:

(a) a charitable organisation from applying to the Minister for approval under section 34B at any time after its commencement, or

(b) the Minister from making an order under section 34B (2) in relation to a charitable organisation referred to in subclause (1) at any time.

5 Transitional arrangement--reports of approved charitable organisations

A charitable organisation that is approved, or taken to be approved, under section 34B is not required, despite that section, to provide the Minister with a report of the exercise by its officers of law enforcement powers under this Act for the period ended 30 June 1997.

 

Historical notes

Table of Acts Prevention of Cruelty to Animals Act 1979 No 200 . Assented to 21.12.1979. Date of commencement, 9.6.1981, sec 2 (2) and GG No 77 of 5.6.1981, p 2983. This Act has been amended as follows:

 

1984

 

No 153

 

Statute Law (Miscellaneous Amendments) Act 1984 . Assented to 10.12.1984.

 

1985

 

No 38

 

Miscellaneous Acts (Search Warrants) Amendment Act 1985 . Assented to 26.4.1985. Date of commencement of Sch 1 (except as provided in sec 2 (3)), 28.2.1986, sec 2 (2) and GG No 29 of 14.2.1986, p 654.

 

 

No 79

 

Prevention of Cruelty to Animals (Amendment) Act 1985 . Assented to 27.5.1985.

 

 

No 124

 

Miscellaneous Acts (Animal Research) Amendment Act 1985 . Assented to 25.11.1985. Date of commencement of Sch 1, 1.1.1991, sec 2 (2) and GG No 82 of 29.6.1990, p 5380.

 

 

No 130

 

Prevention of Cruelty to Animals (Further Amendment) Act 1985 . Assented to 25.11.1985.

 

1986

 

No 56

 

Prevention of Cruelty to Animals (Prescribed Defences) Amendment Act 1986 . Assented to 15.5.1986.

 

1987

 

No 160

 

Prevention of Cruelty to Animals (Amendment) Act 1987 . Assented to 18.11.1987. Date of commencement, 18.12.1987, sec 2 (2) and GG No 193 of 18.12.1987, p 6942.

 

1988

 

No 20

 

Statute Law (Miscellaneous Provisions) Act 1988 . Assented to 28.6.1988. Date of commencement of Sch 15, assent, sec 2 (1).

 

 

No 92

 

Statute Law (Miscellaneous Provisions) Act (No 2) 1988 . Assented to 19.12.1988. Date of commencement of Sch 17, 1.9.1989, sec 2 (3) and GG No 92 of 1.9.1989, p 6366.

 

1990

 

No 46

 

Statute Law (Miscellaneous Provisions) Act 1990 . Assented to 22.6.1990. Date of commencement of the provision of Sch 1 relating to the Prevention of Cruelty to Animals Act 1979 , assent, sec 2.

 

1991

 

No 69

 

Charitable Fundraising Act 1991 . Assented to 17.12.1991. Date of commencement, 1.9.1993, sec 2 and GG No 91 of 20.8.1993, p 4619.

 

 

No 92

 

Search Warrants (Amendment) Act 1991 . Assented to 17.12.1991. Date of commencement, 20.9.1992, sec 2 and GG No 116 of 18.9.1992, p 6837.

 

1992

 

No 112

 

Statute Law (Penalties) Act 1992 . Assented to 8.12.1992. Date of commencement, assent, sec 2.

 

1994

 

No 95

 

Statute Law (Miscellaneous Provisions) Act (No 2) 1994 . Assented to 12.12.1994. Date of commencement of the provisions of Sch 1 relating to the Prevention of Cruelty to Animals Act 1979 , assent, Sch 1.

 

1996

 

No 121

 

Statute Law (Miscellaneous Provisions) Act (No 2) 1996 . Assented to 3.12.1996. Date of commencement of Sch 3, 3 months after assent, sec 2 (3).

 

1997

 

No 25

 

Animal Research Amendment Act 1997 . Assented to 25.6.1997. Date of commencement of Sch 2, 12.7.1999, sec 2 and GG No 79 of 9.7.1999, p 4813.

 

 

No 83

 

Prevention of Cruelty to Animals Amendment Act 1997 . Assented to 10.7.1997. Date of commencement (except Sch 1 [5], so much of Sch 1 [12] as would insert sec 8 (3), Sch 1 [29] [30], so much of Sch 1 [35] as would insert sec 21C, Sch 1 [46]-[49] and so much of Sch 1 [64] as would insert sec 34A), 1.2.1998, sec 2 and GG No 7 of 16.1.1998, p 281; date of commencement of Sch 1 [5], so much of Sch 1 [12] as would insert sec 8 (3), Sch 1 [29] [30], so much of Sch 1 [35] as would insert sec 21C, Sch 1 [46]-[49] and so much of Sch 1 [64] as would insert sec 34A, 21.7.2000, sec 2 and GG No 93 of 21.7.2000, p 6458.

 

2001

 

No 112

 

Statute Law (Miscellaneous Provisions) Act (No 2) 2001 . Assented to 14.12.2001. Date of commencement of Sch 2.28, assent, sec 2 (2).

 

2003

 

No 54

 

Prevention of Cruelty to Animals Amendment (Penalties) Act 2003 . Assented to 23.10.2003. Date of commencement, assent, sec 2.

 

2004

 

No 24

 

Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004 . Assented to 16.4.2004. Date of commencement, 1.6.2004, sec 2 and GG No 91 of 28.5.2004, p 3222.

 

This Act has also been amended pursuant to an order under secs 9A and 9B of the Reprints Act 1972 No 48 . Order dated 13.11.1985 and published in GG No 155 of 15.11.1985, p 6008.

Table of amendments No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1996 .

 

Sec 3

 

Rep GG No 155 of 15.11.1985, p 6008. Ins 1997 No 83, Sch 1 [1].

 

Sec 4

 

Am 1985 No 79, Sch 1 (1); 1985 No 124, Sch 1 (1); GG No 155 of 15.11.1985, p 6008; 1987 No 160, Sch 1 (1); 1988 No 20, Sch 15 (1); 1991 No 69, Sch 1; 1997 No 83, Sch 1 [2]-[5].

 

Sec 5

 

Subst 1987 No 160, Sch 1 (2). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 6

 

Am 1987 No 160, Sch 2 (1); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [7]; 2003 No 54, Sch 1 [1].

 

Sec 7

 

Am 1987 No 160, Sch 1 (3); 1988 No 92, Sch 17 (1); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [8].

 

Sec 8

 

Am 1987 No 160, Sch 1 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [9]-[12]; 2001 No 112, Sch 2.28.

 

Sec 9

 

Am 1987 No 160, Sch 1 (5); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [13].

 

Sec 10

 

Am 1987 No 160, Sch 2 (2); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [14].

 

Sec 11

 

Am 1987 No 160, Sch 2 (3); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 12

 

Am 1987 No 160, Schs 1 (6), 2 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [15]-[22]; 2004 No 24, Sch 1 [1]-[3].

 

Sec 12A

 

Ins 1987 No 160, Sch 1 (7). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [23].

 

Sec 13

 

Am 1987 No 160, Sch 2 (5); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 14

 

Am 1987 No 160, Sch 2 (6); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [24].

 

Sec 15

 

Am 1987 No 160, Sch 2 (7); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [25]-[28]; 2003 No 54, Sch 1 [2].

 

Sec 16

 

Subst 1987 No 160, Sch 1 (8). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [29] [30].

 

Sec 17

 

Am 1987 No 160, Schs 1 (9), 2 (8). Subst 1988 No 92, Sch 17 (2). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 18

 

Am 1985 No 79, Sch 1 (2). Subst 1987 No 160, Sch 1 (10). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [31].

 

Sec 18A

 

Ins 1985 No 79, Sch 1 (3). Am 1987 No 160, Sch 2 (9); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 19

 

Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (10); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 19A

 

Ins 1987 No 160, Sch 1 (11). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

 

Sec 20

 

Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (11); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [32].

 

Sec 21

 

Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (12); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [33]; 2003 No 54, Sch 1 [3].

 

Sec 21A

 

Ins 1997 No 83, Sch 1 [34].

 

Secs 21B-21D

 

Ins 1997 No 83, Sch 1 [35].

 

Sec 22

 

Am 1987 No 160, Sch 2 (13); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [36].

 

Sec 23

 

Am 1987 No 160, Sch 2 (14); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [37].

 

Sec 24

 

Am 1984 No 153, Sch 16; 1985 No 124, Sch 1 (2); 1986 No 56, sec 2; 1987 No 160, Sch 1 (12); 1997 No 83, Sch 1 [38]; 2004 No 24, Sch 1 [4].

 

Sec 25

 

Am 1985 No 124, Sch 1 (3); 1987 No 160, Sch 1 (13); 1988 No 20, Sch 15 (2); 1992 No 112, Sch 1; 1994 No 95, Sch 1; 1997 No 25, Sch 2 [1] [2]; 1997 No 83, Sch 1 [39]-[41].

 

Sec 26

 

Am 1985 No 124, Sch 1 (4); 1987 No 160, Sch 1 (14); 1994 No 95, Sch 1; 1997 No 25. Sch 2 [3] [4]; 1997 No 83, Sch 1 [42]-[49].

 

Sec 26A

 

Ins 1997 No 83, Sch 1 [50].

 

Sec 26AA (previously sec 26A)

 

Ins 1985 No 130, Sch 1 (1). Renumbered 1997 No 83, Sch 1 [50].

 

Sec 26B

 

Ins 1997 No 83, Sch 1 [51].

 

Sec 27

 

Subst 1985 No 38, Sch 1. Am 1987 No 160, Sch 1 (15); 1991 No 92, Sch 2.

 

Sec 27A

 

Ins 1987 No 160, Sch 1 (16). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [52].

 

Sec 28

 

Am 1987 No 160, Sch 2 (15); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [53].

 

Sec 29

 

Am GG No 155 of 15.11.1985, p 6008; 1987 No 160, Sch 2 (16); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [54].

 

Sec 29A

 

Ins 1987 No 160, Sch 1 (17). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [55].

 

Sec 29B

 

Ins 1997 No 83, Sch 1 [56].

 

Sec 29C

 

Ins 1997 No 83, Sch 1 [57].

 

Sec 30A

 

Ins 1987 No 160, Sch 1 (18).

 

Sec 31

 

Am 1987 No 160, Schs 1 (19), 2 (17); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [58] [59].

 

Sec 31A

 

Ins 1987 No 160, Sch 1 (20). Am 1997 No 83, Sch 1 [60].

 

Sec 32A

 

Ins 1985 No 130, Sch 1 (2). Am 1997 No 83, Sch 1 [61].

 

Secs 33A-33D

 

Ins 1997 No 83, Sch 1 [62].

 

Sec 34

 

Am GG No 155 of 15.11.1985, p 6008; 1997 No 83, Sch 1 [63]; 2003 No 54, Sch 1 [4].

 

Secs 34A, 34B

 

Ins 1997 No 83, Sch 1 [64].

 

Sec 35

 

Am 1987 No 160, Schs 1 (21), 2 (18); 1990 No 46, Sch 1; 1992 No 112, Sch 1; 1997 No 83, Sch 1 [65].

 

Sec 35A

 

Ins 1997 No 83, Sch 1 [66].

 

Sch 1

 

Am 1984 No 153, Sch 16.

 

Sch 2

 

Am 1985 No 124, Sch 1 (5); 1997 No 83, Sch 1 [67]-[71]; 2004 No 24, Sch 1 [5].

 

 



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