Does not include amendments by: , Sch 6.2 [1] [4] and [5] (not commenced) Greyhound Racing Act 2017 No 13(not commenced) Companion Animals and Other Legislation Amendment Act 2018 No 27
(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 the Local Court.Department means the Department of Industry, Skills and Regional Development.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.function includes a power, authority or duty, andexercise a function includes perform a duty.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 appointed by the Minister as an officer for the purposes of this Act, or (c) a Public Service employee who is appointed by the Minister, or by a person employed in the Department authorised 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.Secretary means the Secretary of the Department.stock animal means an animal which belongs to the class of animals comprising cattle, horses, sheep, goats, deer, pigs, poultry and any other species of animal prescribed for the purposes of this definition.veterinary practitioner has the same meaning as in the. Veterinary Practice Act 2003 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 practitioner, or (b) surgical treatment of a prophylactic or therapeutic nature, or sterilisation, carried out upon the animal by a veterinary practitioner, or (c) a veterinary diagnostic procedure carried out on the animal by a veterinary practitioner, or (d) a veterinary consultation undertaken in respect of the animal by a veterinary practitioner. Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
Note— Section 9 (1) of the makes it an offence for a person to do a restricted act of veterinary science except in certain circumstances. Veterinary Practice Act 2003 Restricted act of veterinary science is defined in section 7 of that Act.
(1) A person shall not commit an act of cruelty upon an animal.
(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.
(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.
(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.
(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, tether. 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.
(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.
(1) A veterinary practitioner 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 practitioner or the employer of the veterinary practitioner. Maximum penalty: 50 penalty units.
(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.
(1) A person who:
(a) causes, procures, permits or encourages an activity in which an animal is released from confinement 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 practitioner 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.
(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, or (c) who is in charge of a vehicle or vessel that the officer suspects, on reasonable grounds, to have been instrumental in the commission of an offence against this Act or the regulations, may require that person to inform the officer immediately of that person’s full name and home address.
(1) If the driver of a motor vehicle is alleged to have committed an offence against this Act or the regulations in the course of driving the vehicle:
(a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an officer, immediately give information (which must, if so required, be given in the form of a written statement signed by that person) as to the name and home address of the driver, and (b) any other person must, if required to do so by an officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver. Maximum penalty: 20 penalty units.
(1) An officer is required, in relation to the exercise of a power conferred on the officer by this Part, to provide the person who is subject to the exercise of the power with the following:
(a) evidence that the officer is an officer, (b) the name of the officer, (c) the reason for the exercise of the power, (d) a warning that failure or refusal to comply with a request of the officer, in the exercise of the power, may be an offence.
(1) In this section: authorised officer has the same meaning as it has in the. Law Enforcement (Powers and Responsibilities) Act 2002
(1) If a police officer suspects on reasonable grounds that a vehicle or vessel contains an animal in respect of which an offence against section 5, 6, 7 or 8 has been or is being committed and that the animal is in distress the police officer may:
(a) stop the vehicle or vessel, and (b) enter the vehicle or vessel, and (c) enter any land for the purpose of entering the vehicle or vessel, and (d) examine the animal.
(1) If, after examining an animal in accordance with this Division, an inspector suspects, on reasonable grounds, that the animal is in distress (as referred to in section 24H (5)) or any of the circumstances referred to in section 24I exist in relation to the animal, the inspector may do any or all of the following:
(a) take possession of the animal (or, if the animal is dead, the animal’s carcass), (b) if appropriate, remove the animal (or carcass) to such place as the inspector thinks fit, (c) retain possession of the animal (or carcass), (d) provide the animal with necessary food, drink or veterinary treatment, (e) destroy the animal in a manner that causes it to die quickly and without unnecessary pain.
(1) An inspector who is lawfully on any land investigating a suspected commission of an offence against this Act or the regulations may seize any thing that will afford evidence of the commission of the offence.
(1) This Part applies only in relation to a stock animal depastured on rateable land (within the meaning of the ). Local Land Services Act 2013
(1) The Secretary may issue an official warning in respect of an animal if the Secretary suspects, on reasonable grounds, that the animal is in distress, or is likely to become distressed, because it has not been provided with necessary veterinary treatment, or proper and sufficient food, drink or shelter. (2) An official warning is a written notice, to the owner or person in charge of the animal, that the Secretary intends to authorise the seizure and disposal of the animal if the action required to be taken by the notice in relation to the animal’s welfare is not taken within the period required by the notice.
(1) The Secretary may, by order in writing, authorise an inspector to seize and dispose of an animal (by way of sale or otherwise) if, after considering the Panel’s report on compliance with an official warning, the Secretary is satisfied:
(a) that the action required to be taken by the official warning in relation to the animal’s welfare has not been taken, and (b) that the animal remains in distress or likely to become distressed. (2) An inspector authorised to seize and dispose of an animal under this section may:
(a) enter any land on which the animal is kept, and (b) seize and dispose of the animal in accordance with the authorisation.
(1) An inspector may certify the costs and expenses incurred by an enforcement authority in connection with the seizure, keeping and sale or other disposal of an animal under section 24Q (the certified disposal costs ).(2) A single certificate may be issued in respect of more than one animal.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(Section 36 (2))