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Contents (1979 - 200)
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Prevention of Cruelty to Animals Act 1979 No 200
Current version for 7 July 2017 to date (accessed 17 October 2017 at 20:26)
Part 3
Part 3 Miscellaneous
25–26A   (Repealed)
26AA   Powers of veterinary practitioners to destroy animals
(1)  Where, in the opinion of a veterinary practitioner:
(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 practitioner may:
(c)  take possession of the animal,
(d)  remove the animal to such place as the veterinary practitioner 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 practitioner in the exercise of the powers conferred upon the veterinary practitioner 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 practitioner.
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.
27–27B   (Repealed)
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.
28A   Offence of impersonating an authorised officer
A person must not impersonate, or falsely represent that the person is, an officer.
Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.
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 the 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 Local Land Services or the Department, 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 the 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)  the 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 the 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 the 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 the 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 24J (4), 26AA or 30.
31   Court may make further orders relating to convicted persons
(1)  If a court has convicted a person of an offence against Part 2, or an offence against the regulations involving the way in which an animal was treated, and the court is satisfied that, were the person to be in charge of an animal, the person would be likely to commit another such offence, the court may make either or both of the following orders:
(a)  such order as the court thinks fit for the disposal of any animal in respect of which the person is a person in charge,
(b)  an order that the person is not to purchase or acquire, or take possession or custody of, any animal within such period as is specified in the order.
(2)  An order under subsection (1) may be made by the court in addition to any penalty that it may otherwise impose in relation to the person concerned.
(3)  A person upon whom an order made under subsection (1) 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 24J (1) in relation to the alleged commission of an offence against this Act or the regulations, the officer may apply to the court before which the proceedings for the offence 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.
31AA   Recognition of interstate orders
(1)  The Minister may, by order in writing, recognise any interstate prohibition order made against a person, for the purposes of its enforcement in New South Wales.
(2)  An interstate prohibition order is an order made by a court under the law of another State or a Territory, or a part of such an order, that has the effect of prohibiting a person from purchasing or acquiring, or taking possession or custody of, any animal.
(3)  If an interstate prohibition order is recognised by the Minister under this section, the NSW offence provision applies in respect of the interstate prohibition order as if a reference in that provision to an order included a reference to an interstate prohibition order recognised under this section (as in force from time to time).
(4)  The NSW offence provision applies only to those provisions of the recognised interstate prohibition order that can be included in an order of a kind made under section 31 (1).
(5)  A person who is served with notice that the Minister has recognised an interstate prohibition order made against the person is taken, for the purposes of the NSW offence provision, to have been served with the order as made under section 31 (1).
(6)  In this section, the NSW offence provision means section 31 (3).
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)  A charitable organisation may sell or rehouse, either permanently or temporarily, an animal to which this section applies (other than an animal that was surrendered by its owner to the charitable organisation), or cause any such animal to be humanely killed and its body disposed of, if:
(a)  the animal has been kept by the charitable organisation for a period of not less than 21 days, and
(b)  the charitable organisation has made reasonable inquiries to find the owner or person in charge of the animal, and
(c)  within that 21-day period, the owner or person in charge of the animal has not been found or come forward to claim the animal or has refused to take care of the animal.
(1B)  A charitable organisation may at any time sell or rehouse, either permanently or temporarily, an animal to which this section applies that was surrendered by its owner to the charitable organisation, or cause any such animal to be humanely killed and its body disposed of.
(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.
(5)  Nothing in this section authorises a charitable organisation to sell or rehouse a dog that is a restricted dog within the meaning of the Companion Animals Act 1998.
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 26AA (1), 24J 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.
33E   Penalty notices
(1)  An inspector (within the meaning of Division 2 of Part 2A) may issue a penalty notice to a person if it appears to the inspector that the person has committed a penalty notice offence.
(2)  A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3)  The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
 The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
33F   Offences in respect of more than one animal
(1)  In proceedings for an offence against section 5, 6, 7 or 8, an allegation may be made that the act or omission that constituted the alleged offence related to more than one animal.
(2)  In sentencing a person for an offence against section 5, 6, 7 or 8, a court may take into account whether the act or omission that constituted the offence related to more than one animal. However, if the person has already been prosecuted in respect of that act or omission, the court is to take into account any penalty that was imposed on the person as a result of that prosecution.
34   Proceedings for offences
(1)  Proceedings for an offence against this Act or the regulations may be dealt with:
(a)  summarily before the Local Court, or
(b)  by the Supreme Court in its summary jurisdiction.
(2)  If proceedings are brought before the 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.
(4)  Despite the Criminal Procedure Act 1986 or any other Act, proceedings for an offence against this Act or the regulations may be commenced not later than 12 months after the date alleged to be the date on which the offence was committed.
(5)  In any criminal proceeding for an offence against this Act or the regulations, an officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by the officer.
(6)  Evidence referred to in subsection (5) may not be so given unless:
(a)  the statement was made by the officer at the time of or soon after the occurrence of the events to which it refers, and
(b)  the officer signed the statement when it was made, and
(c)  a copy of the statement had been given to the person charged or to his or her Australian legal practitioner or legal counsel a reasonable time before the hearing of the evidence for the prosecution.
(7)  A reference in subsections (5) and (6) to an officer includes a reference to a person who, at the time the statement concerned was made, was an officer.
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 Secretary, or
(e)  a person with the written consent of the Minister or that Secretary, 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 Secretary, is evidence of that consent without proof of the signature of the Minister or Secretary.
34A   Guidelines relating to welfare of farm or companion animals
(1)  The regulations may prescribe guidelines, or may adopt a document in the nature of guidelines or a code of practice as guidelines, relating to the welfare of species of farm or companion animals.
(2)  Before any regulations are made as referred to in subsection (1), the Animal Welfare Advisory Council, and representatives of any relevant livestock industry, are to be given an opportunity to review and comment on the provisions of the proposed regulation relating to the welfare of species of farm or companion animals.
(3)  Compliance, or failure to comply, with any guidelines prescribed or adopted by the regulations for the purposes of subsection (1) is admissible in evidence in proceedings under this Act of compliance, or failure to comply, with this Act or the regulations.
(4)  A document adopted as referred to in subsection (1) may be adopted wholly or in part, with or without modification and as in force at a particular time or as in force from time to time.
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 3 months after 30 June in each year, provide the Minister with a report addressing such matters in relation to the exercise by itself or its officers of functions under this Act as may be prescribed by the regulations.
(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.
34C   Delegation by Secretary
The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to any person employed in the Department.
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 practitioners 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 create an offence punishable by a penalty not exceeding the relevant maximum amount, being:
(a)  in the case of an offence relating to animal trades or the confinement or use of laying fowl (domesticated chickens) for commercial egg production—200 penalty units for an offence committed by a corporation and 50 penalty units for an offence committed by an individual, or
(b)  in any other case—25 penalty units.
(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 persons employed in Corrective Services NSW, Department of Justice, 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.