Prevention of Cruelty to Animals Act 1979 (NSW)

Prevention of Cruelty to Animals Act 1979 No 200 An Act for the prevention of cruelty to animals and for the promotion of their welfare. 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, and (c) to promote the welfare of dogs and cats by requiring information about them to be provided when they are advertised for sale. 4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— adult dog means a dog that is more than 6 months of age, but does not include a racing greyhound. 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 cruelty offence means— (a) an offence under this Act or the regulations in relation to an animal, or (b) an offence against section 79, 80, 530 or 531 of the Crimes Act 1900. 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. appointed inspector means an officer appointed as an inspector under section 24AA(2). appointed officer—see section 24AA(1). 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. BIN means a breeder identification number allocated under the Companion Animals Act 1998. 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. Department means Regional NSW. dog includes a bitch and a puppy. dog premises—see section 4A. 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, and exercise a function includes perform a duty. greyhound racing has the same meaning as in the Greyhound Racing Act 2017. greyhound racing industry participant means a greyhound racing industry participant, within the meaning of the Greyhound Racing Act 2017, who is registered under that Act. horse includes a stallion, gelding, mare, colt, filly, foal, pony, mule, donkey, ass and jenny. occupier, of premises, means a person who manages or controls the premises. officer means the following— (a) a member of the police force or an inspector within the meaning of the Animal Research Act 1985, (b) an appointed officer, (b1) an inspector within the meaning of the Greyhound Racing Act 2017. (c) (Repealed) 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. racing greyhound means a greyhound owned or kept— (a) in connection with greyhound racing, or (b) by a greyhound racing industry participant. regulation means a regulation made under this Act. rehoming organisation has the same meaning as in the Companion Animals Act 1998. RON means a rehoming organisation number allocated under the Companion Animals Act 1998. 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. serious interstate animal offence means an offence against the following legislation— (a) the Crimes Act 1900 of the Australian Capital Territory, section 63A, (b) the Criminal Code Act 1983 of the Northern Territory, section 138, (c) the Criminal Code Act 1899 of Queensland, Schedule 1, section 211 or 242, (d) the Criminal Law Consolidation Act 1935 of South Australia, section 69, (e) the Criminal Code Act 1924 of Tasmania, section 122, (f) the Crimes Act 1958 of Victoria, section 54A, (g) the Criminal Code Act Compilation Act 1913 of Western Australia, section 181. staff member, in relation to dog premises, means a person who is over 14 years of age and is involved in breeding, or providing care, food or water to, dogs at the dog premises, including the following persons, regardless of whether the persons work on a full-time basis or not— (a) an employee of the dog premises, (b) a volunteer at the dog premises, (c) an owner or occupier of the dog premises, (d) a family member of the owner or occupier. 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. working dog has the same meaning as in the Companion Animals Act 1998. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (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. (4) Notes included in this Act do not form part of this Act. 4A Meaning of "dog premises" (1) In this Act, dog premises means premises, including residential premises and commercial premises, used or intended to be used for the accommodation, shelter or care of dogs. (2) A reference to premises in subsection (1) includes a reference to the following— (a) a vehicle, (b) an aircraft, (c) a vessel, (d) a trailer or caravan, whether or not attached to another vehicle. (3) Anything referred to in subsection (2)(a)–(d) that is on or adjacent to dog premises is taken to be part of the dog premises. Part 2 Offences Note— Section 9 (1) of the Veterinary Practice Act 2003 makes it an offence for a person to do a restricted act of veterinary science except in certain circumstances. Restricted act of veterinary science is defined in section 7 of that Act. 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— (a) for a corporation—2,000 penalty units, or (b) for an individual—400 penalty units or imprisonment for 1 year, or both. 6 Aggravated cruelty to animals (1) A person shall not commit an act of aggravated cruelty upon an animal. Maximum penalty— (a) for a corporation—5,000 penalty units, or (b) for an individual—1,000 penalty units or imprisonment for 2 years, or both. (2) In any proceedings for an offence against subsection (1), the court 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— (a) for a corporation—750 penalty units, or (b) for an individual—150 penalty units or imprisonment for 6 months, or both. (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 Local Land Services Act 2013), the prosecution must obtain advice from Local Land Services 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 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, 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. (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. (3) A person must not confine a bird by means of a 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. (4) It is a defence to a prosecution for an offence against subsection (3) if the defendant satisfies the court that the bird to which the offence relates was a raptor and that the tether involved was a jess that was used solely to tether the bird to its handler. 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 procedures 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 practitioner, 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 practitioner 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. dock the tail of an animal means to remove all or part of the tail of the animal (other than a part of the tail consisting only of fur, hair, feathers or the like) whether by surgical or other means. 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 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. (2) A register containing the prescribed particulars of a procedure shall be kept by— (a) the veterinary practitioner or former veterinary practitioner who carried out the procedure, or (b) if the veterinary practitioner 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 24G. 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 Live baiting, coursing and other similar activities prohibited (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