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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Prevention of Cruelty to Animals Amendment
(Transparency and Fit and Proper Persons)
Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200 3
Schedule 2 Amendment of Prevention of Cruelty to Animals Regulation 2012 8
Schedule 3 Amendment of Government Information (Public Access) Regulation
2018 9
Schedule 4 Amendment of Ombudsman Act 1974 No 68 10
Schedule 5 Consequential amendments of other legislation 11
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2024
New South Wales
Prevention of Cruelty to Animals Amendment
(Transparency and Fit and Proper Persons)
Bill 2024
Act No , 2024
An Act to amend the Prevention of Cruelty to Animals Act 1979 to improve transparency in animal
welfare enforcement activities; to provide for matters for certain convicted persons; and for
related purposes.
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Prevention of Cruelty to Animals Amendment (Transparency and Fit
and Proper Persons) Act 2024.
2 Commencement
This Act commences on the date of assent to this Act.
Page 2
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
Schedule 1 Amendment of Prevention of Cruelty to Animals
Act 1979 No 200
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
appointed inspector means an officer appointed as an inspector under section
24AA(2).
appointed officer--see section 24AA(1).
[2] Section 4(1), definition of "officer"
Omit paragraphs (b) and (c). Insert instead--
(b) an appointed officer,
[3] Part 2A Powers of officers
Insert before Division 1--
Division 1AA Appointed officers
24AA Appointment of appointed officers and inspectors
(1) The Minister may, by written instrument, appoint the following persons as an
officer (an appointed officer) for this Act--
(a) an employee of an approved charitable organisation,
(b) a Public Service employee.
(2) The Minister may, by written instrument, appoint an officer as an inspector for
the purposes of Division 2.
24AB Terms on which appointment made
An appointment of an appointed officer or appointed inspector may be--
(a) unconditional, or
(b) subject to conditions or limitations.
24AC Period of appointment
(1) An appointment of an appointed officer or appointed inspector has effect--
(a) for the period stated in the instrument of appointment, or
(b) if a period is not stated--until revoked by the Minister.
(2) The Minister may, by written instrument, revoke or amend an appointment at
any time.
(3) If an appointment of an appointed officer or appointed inspector is made by
reference to a particular office, the person appointed ceases to be an appointed
officer or appointed inspector if the person ceases to hold the office.
24AD Powers subject to instrument of appointment
(1) An appointed officer or appointed inspector may exercise the functions of an
officer or inspector under this Act, subject to any conditions or limitations
specified in the officer's or inspector's instrument of appointment.
(2) Nothing in this Act authorises or requires an appointed officer or appointed
inspector to act in contravention of the conditions or limitations specified in
Page 3
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
the officer's or inspector's instrument of appointment as an appointed officer
or appointed inspector.
24AE Identification
(1) Each person appointed as an appointed officer or appointed inspector must be
given evidence of the person's authority as an appointed officer or appointed
inspector.
(2) In exercising functions under this Act or the regulations, an appointed officer
or appointed inspector must, if asked by a person affected by the exercise of
the function, produce to the person the officer's or inspector's evidence of
authority under this Act.
(3) The Minister may direct a person who ceases to be an appointed officer or
appointed inspector to return to the Minister the evidence of the person's
authority as an appointed officer or appointed inspector.
(4) A person who fails to comply with a direction under subsection (3) is guilty of
an offence.
Maximum penalty for subsection (4)--25 penalty units.
[4] Section 24CB Officers' powers relating to animals kept by convicted persons
Omit section 24CB(9), table, Column 1. Insert instead--
Column 1
An officer other than an employee of an approved charitable organisation
An officer who is an employee of an approved charitable organisation
[5] Section 24D Definitions and application of Division
Omit section 24D(1), definition of inspector, paragraph (a). Insert instead--
(a) an officer appointed as an inspector under section 24AA(2), or
[6] Section 24D(2)
Omit the subsection.
[7] Section 24R Recovery of costs of seizure and disposal
Omit "officer" from section 24R(7)(a).
Insert instead "appointed officer who is an employee".
[8] Section 26 Definitions
Omit "one or more" from the definition of disqualification order. Insert instead "any".
[9] Section 31, heading
Omit "conviction". Insert instead "findings of guilt etc".
[10] Section 31(1)
Omit "convicted a person of an animal cruelty offence" from section 31(1).
Insert instead "found a person guilty of an animal cruelty offence, or has made an order,
entered a special verdict or made a qualified verdict of guilt under the Mental Health and
Cognitive Impairment Forensic Provisions Act 2020, section 14, 19, 20, 31 or 62 in relation
to an animal cruelty offence".
Page 4
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
[11] Section 31(1AA)(b)
Omit "paragraph (a)". Insert instead--
paragraph (a), (c) or (d), or
(c) has found the person guilty of an offence against this Act, section 5 and
the person has previously been found guilty of an offence against that
section, or
(d) has found the person guilty of more than one offence against this Act,
section 5 and the offences arose out of separate acts or omissions.
[12] Section 31A Sale of certain animals by charitable organisations
Omit "officer" from section 31A(1)(a).
Insert instead "appointed officer who is an employee".
[13] Section 34B Approved charitable organisations
Omit "officers" from section 34B(1). Insert instead "employees".
[14] Section 34B(3)
Omit "its officers". Insert instead "appointed officers employed by the organisation".
[15] Section 34B(5)-(7)
Insert after section 34B(4)--
(5) The Minister must give an annual report received by the Minister under
subsection (3) to the Presiding Officer of each House of Parliament.
(6) The Minister may, before giving the annual report to the Presiding Officers,
redact any information in the report the Minister considers should not be made
public.
Example-- personal information in the report that should not be made public
(7) A copy of a report given to the Presiding Officer of a House of Parliament
under subsection (5) must be laid before the House within 5 sitting days of the
House after it is received by the Presiding Officer.
[16] Section 34BA
Insert after section 34B--
34BA Collection, use and disclosure of information
(1) A relevant agency may collect, use or disclose information if it is reasonably
necessary for the purposes of administering or enforcing this Act or the
regulations.
(2) Without limiting subsection (1), a relevant agency may disclose information
collected under subsection (1) to another relevant agency--
(a) for the purposes of issuing a direction, notice or order under this Act or
the regulations, or
(b) for the purposes of exercising compliance and enforcement functions
under this Act or the regulations, or
(c) for the purposes of conducting legal proceedings under this Act or the
regulations, or
Page 5
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
(d) if, in the relevant agency's opinion, it is appropriate to give the
information to the other relevant agency in relation to a significant risk
to safety.
(3) In this section--
information includes personal information.
personal information has the same meaning as in the Privacy and Personal
Information Protection Act 1998.
relevant agency means the following--
(a) a government sector agency, within the meaning of the Government
Sector Employment Act 2013,
(b) an approved charitable organisation,
(c) a person exercising functions under this Act or the regulations in
relation to enforcement, compliance or administration of this Act or the
regulations,
(d) another entity prescribed by the regulations for this definition.
[17] Section 34BB
Insert before section 34C--
34BB Delegation by Minister
(1) The Minister may delegate the exercise of a function of the Minister under this
Act, other than this power of delegation, to--
(a) a person employed in the Department, or
(b) a person, or class of persons, authorised for this section by the
regulations.
(2) A person to whom the exercise of a function is delegated under subsection (1)
may subdelegate the exercise of the function, other than this power of
subdelegation, to--
(a) a person employed in the Department, or
(b) a person, or class of persons, authorised for this section by the
regulations.
[18] Schedule 2 Savings and transitional provisions
Insert after clause 16--
Part 10 Provision consequent on enactment of Prevention
of Cruelty to Animals Amendment (Transparency
and Fit and Proper Persons) Act 2024
17 Appointed officers and inspectors
(1) A person who, immediately before the commencement of the amendment Act,
Schedule 1[3], held office as an officer under section 4(1), definition of
officer, paragraph (b) or (c) continues to hold office as if the person were
appointed under Part 2A, Division 1AA, as inserted by the amendment Act.
(2) A person who, immediately before the commencement of the amendment Act,
Schedule 1[3], held office as an inspector under section 24D(1), definition of
inspector, paragraph (a) continues to hold office as if the person were
appointed under Part 2A, Division 1AA, as inserted by the amendment Act.
Page 6
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
(3) In this clause--
amendment Act means the Prevention of Cruelty to Animals Amendment
(Transparency and Fit and Proper Persons) Act 2024.
Page 7
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 2 Amendment of Prevention of Cruelty to Animals Regulation 2012
Schedule 2 Amendment of Prevention of Cruelty to Animals
Regulation 2012
[1] Clause 34 Reports of approved charitable organisations
Omit "officers of" from clause 34(1)(e).
Insert instead "appointed officers employed by".
[2] Clause 34(1)(f)
Omit "its officers". Insert instead "appointed officers employed by the organisation".
[3] Clause 34(2)
Omit "officers of" wherever occurring. Insert instead "appointed officers employed by".
[4] Clause 34(2)(m)-(o)
Insert after clause 34(2)(l)--
(m) the following information about access applications made to the
organisation under the Government Information (Public Access) Act
2009--
(i) the number of access applications,
(ii) the subject matter to which each access application related,
(n) details of the number of complaints made under the Ombudsman Act
1974 about the organisation and appointed officers employed by the
organisation, and the outcome of the complaints,
(o) a list of current memorandums of understanding or other service-level
agreements, however described, between the organisation and the State
or another approved charitable organisation.
[5] Clause 34(3)
Omit the subclause.
[6] Schedule 2 Penalty notice offences
Insert in appropriate order--
Section 24AE(4) $500 --
Page 8
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 3 Amendment of Government Information (Public Access) Regulation 2018
Schedule 3 Amendment of Government Information (Public
Access) Regulation 2018
Clause 12 Bodies declared to be public authorities
Insert at the end of the clause--
(2) Also, an approved charitable organisation is declared to be a public
authority--
(a) for the purposes of the Act, except section 6 and Part 3, and
(b) to the extent the organisation's conduct relates to the exercise of
functions under the Prevention of Cruelty to Animals Act 1979.
(3) In this clause--
approved charitable organisation has the same meaning as in the Prevention
of Cruelty to Animals Act 1979.
Page 9
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 4 Amendment of Ombudsman Act 1974 No 68
Schedule 4 Amendment of Ombudsman Act 1974 No 68
Section 5 Definitions
Insert after section 5(1), definition of public authority, paragraph (g1)--
(g2) an approved charitable organisation, within the meaning of the
Prevention of Cruelty to Animals Act 1979, to the extent the
organisation's conduct relates to the exercise of functions under that
Act,
Page 10
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 5 Consequential amendments of other legislation
Schedule 5 Consequential amendments of other legislation
5.1 Companion Animals Act 1998 No 87
[1] Section 6B Duty to provide certain information to councils
Omit section 6B(3)(b). Insert instead--
(b) a person who, under the Prevention of Cruelty to Animals Act 1979, is
an appointed officer employed by an approved charitable organisation.
[2] Section 83B, heading
Omit "of Department of Industry".
[3] Section 83B(1)
Omit "of Industry, and any person authorised by the Secretary for the purposes of the
administration and enforcement of the Prevention of Cruelty to Animals Act 1979".
Insert instead "of the Department of Regional NSW, and any person appointed under the
Prevention of Cruelty to Animals Act 1979, section 24AA".
5.2 Crimes Act 1900 No 40
Section 60AA Definitions
Omit definition of law enforcement officer, paragraph (q). Insert instead--
(q) a person who, under the Prevention of Cruelty to Animals Act 1979, is
an appointed officer who--
(i) is employed by an approved charitable organisation, and
(ii) exercises investigation, confiscation or other law enforcement
functions.
5.3 Crimes (Appeal and Review) Act 2001 No 120
Section 70 Limit on costs awarded against public prosecutor
Omit "an officer of an approved charitable organisation (within the meaning of the
Prevention of Cruelty to Animals Act 1979)" from section 70(3).
Insert instead "a person who, under the Prevention of Cruelty to Animals Act 1979, is an
appointed officer employed by an approved charitable organisation".
5.4 Criminal Procedure Act 1986 No 209
[1] Section 214 Limit on award of professional costs to accused person against
prosecutor acting in public capacity
Omit "An officer of an approved charitable organisation under the Prevention of Cruelty to
Animals Act 1979" from section 214(3).
Insert instead "A person who, under the Prevention of Cruelty to Animals Act 1979, is an
appointed officer employed by an approved charitable organisation".
[2] Section 257D Limit on award of professional costs against a prosecutor acting in
public capacity
Omit "An officer of an approved charitable organisation under the Prevention of Cruelty to
Animals Act 1979" from section 257D(3).
Page 11
Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Bill 2024 [NSW]
Schedule 5 Consequential amendments of other legislation
Insert instead "A person who, under the Prevention of Cruelty to Animals Act 1979, is an
appointed officer employed by an approved charitable organisation".
5.5 Crimes (Sentencing Procedure) Regulation 2017
Clause 4 Lists of additional charges
Omit clause 4(2)(l). Insert instead--
(l) persons who--
(i) under the Prevention of Cruelty to Animals Act 1979, are
appointed officers employed by an approved charitable
organisation, and
(ii) are designated by the chief executive of the approved charitable
organisation.
5.6 Firearms Act 1996 No 46
Section 12 Genuine reasons for having a licence
Omit section 12, Table, matter relating to "Reason: animal welfare", paragraph (a).
Insert instead--
(a) a person who, under the Prevention of Cruelty to Animals Act 1979, is
an appointed officer employed by an approved charitable organisation,
or
Page 12
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