Currency of version
Repealed version for 7 December 2007 to 1 January 2008 (accessed 26 May 2013 at 03:06).
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Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Note:
The Act was repealed by sec 4 (1) of this Act with effect from 2.1.2008.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

An Act to amend the Prevention of Cruelty to Animals Act 1979 in relation to the persons and organisations authorised to institute proceedings under that Act.

1 Name of Act

This Act is the Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007.

2 Commencement

This Act commences on 1 January 2008.

3 Amendment of Prevention of Cruelty to Animals Act 1979 No 200

The Prevention of Cruelty to Animals Act 1979 is amended as set out in Schedule 1.

4 Repeal of Act

(1) This Act is repealed on the day following the day on which this Act commences.
(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1 Amendments

(Section 3)

[1] Section 34AA

Insert after section 34:

34AA   Authority to prosecute
(1) Proceedings for an offence against this Act or the regulations may be instituted only by:
(a)  an approved charitable organisation, or

(b)  an inspector within the meaning of Division 2 of Part 2A, other than a police officer, or

(c)  a police officer, or

(d)  the Minister or the Director-General of the Department of Primary Industries, or

(e)  a person with the written consent of the Minister or that Director-General, or

(f)  any other person or body prescribed by the regulations for the purpose of this section.

(2) In proceedings for an offence against this Act or the regulations, a consent to institute the proceedings, purporting to have been signed by the Minister or the Director-General of the Department of Primary Industries, is evidence of that consent without proof of the signature of the Minister or Director-General.

[2] Schedule 2 Savings and transitional provisions

Insert at the end of clause 1 (1):

Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007

[3] Schedule 2, Part 5

Insert after Part 4:

Part 5 Provision consequent on enactment of Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007
8 Proceedings for offences
Section 34AA does not apply to offences committed before the commencement of that section.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007 No 81. Assented to 7.12.2007. Date of commencement, 1.1.2008, sec 2.