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This is a Bill, not an Act. For current law, see the Acts databases.
Prevention of Cruelty to Animals
Amendment Bill 2004
No , 2004
A Bill for
An Act to amend the Prevention of Cruelty to Animals Act 1979 to make further
provision with respect to the treatment of animals and the powers of officers under
that Act; and for other purposes.
Clause 1 Prevention of Cruelty to Animals Amendment Bill 2004
The Legislature of New South Wales enacts: 1
2
1 Name of Act
3
This Act is the Prevention of Cruelty to Animals Amendment Act 2004.
4
2 Commencement
5
(1) Except as provided by subsections (2)-(4), this Act commences on the
6
date of assent.
7
(2) Schedules 1 [7], [14]-[16], [19], [21] and [22], 2.1 and 2.2 commence
8
on a day or days to be appointed by proclamation.
9
(3) Schedule 2.3 [1] commences on:
10
(a) the day on which Schedule 1 [14] commences, or
11
(b) the day on which section 9 (1) of the Veterinary Practice Act
12
2003 commences,
13
whichever is the later.
14
(4) Schedule 2.3 [2] commences:
15
(a) on the day on which Schedule 1 [14] commences, or
16
(b) immediately after the commencement of Schedule 3.20 [5] to the
17
Veterinary Practice Act 2003,
18
whichever is the later.
19
3 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
20
The Prevention of Cruelty to Animals Act 1979 is amended as set out in
21
Schedule 1.
22
4 Amendment of Acts
23
Each Act specified in Schedule 2 is amended as set out in that Schedule.
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
Schedule 1 Amendment of Prevention of Cruelty to 1
Animals Act 1979 2
3
(Section 3)
4
[1] Section 4 Definitions
Insert ", or by an officer of the Department of Primary Industries authorised 5
by the Minister," after "Minister" in paragraph (c) of the definition of officer 6
in section 4 (1). 7
8
[2] Section 4 (1), definition of "stock animal"
Insert "deer," after "goats,". 9
10
[3] Section 4 (1), definition of "stock animal"
Omit "swine". Insert instead "pigs". 11
12
[4] Section 4 (1), definition of "veterinary treatment"
Insert at the end of paragraph (b): 13
, or 14
(c) a veterinary diagnostic procedure carried out on the animal 15
by a veterinary surgeon, or 16
(d) a veterinary consultation undertaken in respect of the 17
animal by a veterinary surgeon. 18
19
[5] Section 10 Tethering of animals
Omit "rope, chain or cord" from section 10 (1). Insert instead "tether". 20
21
[6] Section 10 (3) and (4)
Insert after section 10 (2): 22
(3) A person must not confine a bird by means of a tether. 23
Maximum penalty: 250 penalty units in the case of a corporation 24
and 50 penalty units or imprisonment for 6 months, or both, in the 25
case of an individual. 26
(4) It is a defence to a prosecution for an offence against subsection 27
(3) if the defendant satisfies the court before which the 28
proceedings are being taken that the bird to which the offence 29
relates was a raptor and that the tether involved was a jess that 30
was used solely to tether the bird to its handler. 31
32
[7] Section 12A Registers relating to certain procedures
Omit "section 25" from section 12A (4). Insert instead "section 24G". 33
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Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
[8] Section 21 Coursing and other similar activities prohibited 1
Omit "used" from section 21 (1) (a). 2
Insert instead "released from confinement". 3
4
[9] Section 21 (3) and (4)
Omit section 21 (3). Insert instead: 5
(3) It is a defence to any proceedings for an offence against 6
subsection (1) if the defendant shows that the act constituting the 7
alleged offence was done by the defendant in the course of, and 8
for the purpose of: 9
(a) mustering stock, the working of stock in yards or any other 10
animal husbandry activity, or 11
(b) sheep dog trials. 12
(4) For the removal of doubt, section 24 (1) (b) (i), in its application 13
to this section, includes hunting, shooting, snaring, trapping, 14
catching or capturing an animal by using a dog, but only in a 15
manner that inflicted no unnecessary pain on the animal. 16
17
[10] Section 21D Confining of bird by ring and chain prohibited
Omit the section. 18
19
[11] Section 24 Certain defences
Omit section 24 (1) (d). 20
21
[12] Section 24 (1) (f)
Insert at the end of section 24 (1) (e): 22
, or 23
(f) for the purpose of feeding a predatory animal lawfully kept 24
by the person if: 25
(i) the act concerned was the release of live prey for the 26
predatory animal, and 27
(ii) the diet of the predatory animal included animals of 28
the kind released, and 29
(iii) the person believed on reasonable grounds that the 30
feeding of live prey to the predatory animal was 31
necessary for the predatory animal's survival 32
because the predatory animal would not eat a dead 33
animal or meat from a dead animal. 34
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
[13] Section 24 (3) 1
Omit the subsection. 2
3
[14] Part 2A
Insert after Part 2: 4
Part 2A Powers of officers 5
Division 1 Powers of officers generally 6
7
24A Officers may demand name and address
(1) An officer who finds a person: 8
(a) who is committing an offence against this Act or the 9
regulations, or 10
(b) whom the officer suspects, on reasonable grounds, of 11
having committed or attempted to commit such an offence, 12
or 13
(c) who is in charge of a vehicle or vessel that the officer 14
suspects, on reasonable grounds, to have been instrumental 15
in the commission of an offence against this Act or the 16
regulations, 17
may require that person to inform the officer immediately of that 18
person's full name and home address. 19
(2) A person must not fail to comply with a requirement made by an 20
officer under subsection (1). 21
Maximum penalty: 25 penalty units. 22
(3) A person is not guilty of an offence under this section unless the 23
officer: 24
(a) warned the person that failure to comply with the 25
requirement is an offence, and 26
(b) identified himself or herself to the person as an officer. 27
28
24B Officer may require responsible person for vehicle to disclose
29
identity of driver who commits offence
(1) If the driver of a motor vehicle is alleged to have committed an 30
offence against this Act or the regulations in the course of driving 31
the vehicle: 32
(a) the responsible person for the vehicle, or the person having 33
the custody of the vehicle, must, when required to do so by 34
an officer, immediately give information (which must, if 35
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Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
so required, be given in the form of a written statement 1
signed by that person) as to the name and home address of 2
the driver, and 3
(b) any other person must, if required to do so by an officer, 4
give any information that it is in the person's power to give 5
and that may lead to the identification of the driver. 6
Maximum penalty: 20 penalty units. 7
(2) It is a defence to a prosecution for an offence under subsection (1) 8
(a) if the defendant proves to the satisfaction of the court that he 9
or she did not know and could not with reasonable diligence have 10
ascertained the driver's name and home address. 11
(3) A written statement: 12
(a) purporting to be given under subsection (1) (a) and to 13
contain particulars of the name and home address of the 14
driver of a motor vehicle at the time of commission of an 15
alleged offence against this Act or the regulations, and 16
(b) produced in any court in proceedings against the person 17
named in the statement as the driver for such an offence, 18
is evidence without proof of signature that the person was the 19
driver of the vehicle at the time of the alleged offence if the 20
person does not appear before the court. 21
(4) Expressions used in this section (other than officer), have the 22
same meanings as in the Road Transport (General) Act 1999. 23
24
24C Supplying officer's details and giving warnings
(1) An officer must, before or at the time of exercising a power 25
conferred on the officer by this Part or as soon as is reasonably 26
practicable after exercising the power, provide the person subject 27
to the exercise of the power with the following: 28
(a) evidence that the officer is an officer, 29
(b) the name of the officer, 30
(c) the reason for the exercise of the power, 31
(d) a warning that failure or refusal to comply with a request 32
of the officer, in the exercise of the power, may be an 33
offence. 34
(2) If 2 or more officers are exercising a power to enter land, only one 35
officer present is required to comply with this section. 36
(3) However, if a person asks another officer present for information 37
as to the name of the officer, the officer must give to the person 38
the information requested. 39
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
Division 2 Powers of inspectors 1
2
24D Interpretation and application of Division
(1) In this Division: 3
inspector means an officer (other than a police officer) who is the 4
holder of an authority issued under subsection (2) that is in force, 5
or a police officer. 6
land includes premises or a vehicle, vessel or aircraft. 7
(2) The Minister, or an officer of the Department of Primary 8
Industries authorised by the Minister, may issue an officer with 9
an authority for the purposes of this Division and may revoke any 10
such authority. 11
(3) An inspector may not exercise powers under this Division in 12
relation to animal research carried out in accordance with the 13
Animal Research Act 1985 on designated land within the 14
meaning of that Act unless the inspector is also an inspector 15
within the meaning of that Act. 16
17
24E Power to enter land
(1) An inspector may enter land for the purpose of exercising any 18
function under this Division. 19
(2) An inspector may exercise a power under this Division to enter 20
any part of land used for residential purposes only with the 21
consent of the occupier of that part of the land, the authority of a 22
search warrant or if the inspector believes on reasonable grounds 23
that: 24
(a) an animal has suffered significant physical injury, is in 25
imminent danger of suffering significant physical injury or 26
has a life threatening condition that requires immediate 27
veterinary treatment, and 28
(b) it is necessary to exercise the power to prevent further 29
physical injury or to prevent significant physical injury to 30
the animal or to ensure that it is provided with veterinary 31
treatment. 32
33
24F Search warrant
(1) In this section, authorised justice has the same meaning as in the 34
Search Warrants Act 1985. 35
(2) An inspector may apply to an authorised justice for a search 36
warrant if the inspector has reasonable grounds for believing that 37
there is, in or on any land: 38
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Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
(a) an animal in respect of which an offence against this Act 1
or the regulations is being or has been committed or is 2
about to be committed, or 3
(b) evidence of an offence against this Act or the regulations 4
that has been committed. 5
(3) An authorised justice to whom an application is made under 6
subsection (2) may, if satisfied that there are reasonable grounds 7
for doing so, issue a search warrant authorising an inspector 8
named in the warrant, together with any person so named: 9
(a) to enter and search the land, and 10
(b) to exercise any functions of an inspector under this 11
Division in or on the land. 12
(4) Part 3 of the Search Warrants Act 1985 applies to a search 13
warrant issued under this section. 14
15
24G Powers of inspectors in relation to land used for certain
16
commercial purposes
(1) This section applies to the following land: 17
(a) land used for the purpose of a sale-yard or an animal trade, 18
(b) land in or on which an animal is being used, or kept for use, 19
in connection with any other trade, or any business or 20
profession (including a place used by a veterinary surgeon 21
for the purpose of carrying on his or her profession). 22
(2) For the purposes of ensuring that the provisions of this Act or the 23
regulations are not being contravened, an inspector may, in 24
relation to land to which this section applies, do any or all of the 25
following: 26
(a) inspect and examine the land, any animal that is in or on 27
the land and any accommodation or shelter that is provided 28
in or on the land for any animal, 29
(b) inspect and examine any register that is kept under this Act 30
or the regulations and that is in or on the land, 31
(c) require any person found in or on the land to produce any 32
such register, 33
(d) take copies of, or extracts or notes from, any such register. 34
(3) A person must not fail to comply with a requirement made by an 35
inspector under subsection (2) (c). 36
Maximum penalty (subsection (3)): 25 penalty units. 37
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
24H Powers of police officers to detain vehicle or vessel 1
(1) If a police officer suspects on reasonable grounds that a vehicle 2
or vessel contains an animal in respect of which an offence 3
against section 5, 6, 7 or 8 has been or is being committed and that 4
the animal is in distress the police officer may: 5
(a) stop the vehicle or vessel, and 6
(b) enter the vehicle or vessel, and 7
(c) enter any land for the purpose of entering the vehicle or 8
vessel, and 9
(d) examine the animal. 10
(2) For the purpose of entering the vehicle or vessel or examining the 11
animal concerned, the police officer may direct the person 12
operating the vehicle or vessel to do any or all of the following: 13
(a) to manoeuvre the vehicle or vessel in a specified manner 14
or to a specified place (including a place that is appropriate 15
for examining the animal concerned), 16
(b) to park or secure the vehicle or vessel in a specified 17
manner, 18
(c) to remain in control of the vehicle or vessel while the 19
police officer is exercising his or her functions. 20
(3) A person must not fail to comply with a direction given to the 21
person under this section. 22
Maximum penalty: 25 penalty units. 23
(4) A direction under this section to stop a vehicle or vessel must be 24
made in a manner prescribed by the regulations by a police 25
officer who is identified in a manner so prescribed. 26
(5) For the purposes of subsection (1), an animal is in distress if it is 27
suffering from exposure to the elements, debility, exhaustion or 28
significant physical injury. 29
30
24I Powers of inspectors generally to examine animals
An inspector may examine an animal if the inspector suspects, on 31
reasonable grounds, that: 32
(a) an offence against this Act or the regulations is being, has 33
been or is about to be committed in respect of the animal, 34
or 35
(b) the animal has not been provided with proper and 36
sufficient food or drink during the previous 24 hours (or, 37
in the case of the provision of food to an animal of a class 38
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Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
prescribed by the regulations, during the period prescribed 1
for that class of animal) and is still not being provided with 2
that food or drink, or 3
(c) the animal is so severely injured, so diseased or in such a 4
physical condition that it is necessary that the animal be 5
provided with veterinary treatment and the animal is not 6
being provided with that treatment, or 7
(d) the animal is so severely injured, so diseased or in such a 8
physical condition that it is cruel to keep it alive, and the 9
animal is not about to be destroyed, or is about to be 10
destroyed in a manner that will inflict unnecessary pain on 11
the animal. 12
13
24J Powers of inspectors in relation to care of animals
(1) If, after examining an animal in accordance with this Division, an 14
inspector suspects, on reasonable grounds, that the animal is in 15
distress (as referred to in section 24H (5)) or any of the 16
circumstances referred to in section 24I exist in relation to the 17
animal, the inspector may do any or all of the following: 18
(a) take possession of the animal (or, if the animal is dead, the 19
animal's carcass), 20
(b) if appropriate, remove the animal (or carcass) to such place 21
as the inspector thinks fit, 22
(c) retain possession of the animal (or carcass), 23
(d) provide the animal with necessary food, drink or 24
veterinary treatment, 25
(e) destroy the animal in a manner that causes it to die quickly 26
and without unnecessary pain. 27
(2) An animal (or carcass) to which section 24I (a) applies may be 28
retained by an inspector for a period not exceeding 60 days or 29
where, within that 60-day period proceedings are commenced in 30
respect of the offence concerned, until the proceedings are finally 31
determined (unless the court before which the proceedings are 32
being taken otherwise directs). 33
(3) Despite subsection (2), an animal retained under this section that 34
is in distress or to which section 24I (b), (c) or (d) applies may be 35
retained for such period of time as is sufficient for the animal to 36
be provided with necessary food, drink or veterinary treatment, or 37
to be destroyed in a manner that causes it to die quickly and 38
without unnecessary pain, as the case requires. 39
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
(4) The reasonable expenses incurred by: 1
(a) an inspector who is a police officer or another person on 2
behalf of NSW Police, or 3
(b) an inspector who is an officer of a charitable organisation 4
or another person on behalf of the organisation, or 5
(c) an inspector who is a member of staff of a Department 6
(within the meaning of the Public Sector Employment and 7
Management Act 2002) or another person on behalf of the 8
Crown, 9
in the exercise of the powers conferred by this section in respect 10
of an animal, or in complying with the related duties imposed by 11
this Act or the regulations, may be recovered from the owner of 12
the animal as a debt in a court of competent jurisdiction by the 13
inspector or any other person acting on behalf of NSW Police, a 14
charitable organisation or the Crown. 15
16
24K Power of seizure of evidence of offences
(1) An inspector who is lawfully on any land investigating a 17
suspected commission of an offence against this Act or the 18
regulations may seize any thing that will afford evidence of the 19
commission of the offence. 20
(2) An inspector who seizes a thing under this section must provide 21
the occupier of the land with a receipt acknowledging the seizure 22
of the thing if the occupier is present and it is reasonably practical 23
to do so. 24
(3) If an inspector seizes a thing under this section, it may be retained 25
by the inspector until the completion of any proceedings 26
(including proceedings on appeal) in which it may be tendered in 27
evidence. 28
(4) However, an inspector may retain seized documents under 29
subsection (3) only if the person from whom the documents were 30
seized is provided, within a reasonable time after the seizure, 31
with a copy of the documents certified by an inspector to be a true 32
copy. 33
(5) Subsection (3) ceases to have effect in relation to any thing seized 34
if, on the application of the person aggrieved by the seizure, the 35
court in which the proceedings referred to in that subsection are 36
instituted orders the inspector to return the thing seized. 37
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Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
24L Period for search limited 1
2
(1) An inspector who enters land under this Division must not remain
3
on the land any longer than is reasonably necessary to achieve the
4
purpose for which the land was entered.
5
(2) A police officer who detains a vehicle or vessel under this
6
Division must not detain the vehicle or vessel any longer than is
7
reasonably necessary to achieve the purpose for which it is
8
detained.
9
24M Inspectors may be assisted in exercising powers
10
An inspector may exercise a power conferred by this Division:
11
(a) in a place other than residential premises--in the company
12
and with the aid of such assistants as the inspector
13
considers necessary, or
14
(b) in residential premises--in the company and with the aid
15
of such assistants, being persons of a class prescribed by
16
the regulations, as the inspector considers necessary.
17
24N Notices in relation to care of animals
18
(1) If an inspector is satisfied on reasonable grounds that a person is
19
contravening a provision of this Act or the regulations in relation
20
to the care of an animal, the inspector may give the person a
21
notice in writing specifying the action that the inspector considers
22
is required to be taken for the care of the animal in order to avoid
23
any further contravention.
24
(2) The notice (and any evidence of the taking or failure to take the
25
action specified in the notice) is admissible in any proceedings
26
against the person for an offence against this Act or the
27
regulations relating to:
28
(a) the alleged contravention in respect of which the notice
29
was given, or
30
(b) an alleged contravention of a similar kind occurring after
31
the notice was given.
32
[15] Sections 25, 26, 26A, 27 and 27A
33
Omit the sections.
34
[16] Section 30A Court may order payment of certain costs
35
Omit "section 26 (8), 26A" from section 30A (3).
36
Insert instead "section 24J (4), 26AA".
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
[17] Section 31 Court may make further orders relating to convicted persons 1
Omit section 31 (1) and (2). Insert instead: 2
(1) If a court has convicted a person of an offence against Part 2, or 3
an offence against the regulations involving the way in which an 4
animal was treated, and the court is satisfied that, were the person 5
to be in charge of an animal, the person would be likely to commit 6
another such offence, the court may make either or both of the 7
following orders: 8
(a) such order as the court thinks fit for the disposal of any 9
animal in respect of which the person is a person in charge, 10
(b) an order that the person is not to purchase or acquire, or 11
take possession or custody of, any animal within such 12
period as is specified in the order. 13
(2) An order under subsection (1) may be made by the court in 14
addition to any penalty that it may otherwise impose in relation 15
to the person concerned. 16
17
[18] Section 31 (3)
Omit "or (2)". 18
19
[19] Section 31 (4)
Omit the subsection. Insert instead: 20
(4) If an officer has taken possession of an animal under section 24J 21
(1) in relation to the alleged commission of an offence against 22
this Act or the regulations, the officer may apply to the court 23
before which the proceedings for the offence are commenced for 24
an order for the disposal of the animal before the proceedings are 25
finally determined. 26
27
[20] Section 31A Sale of certain animals by charitable organisations
Omit section 31A (1A). Insert instead: 28
(1A) A charitable organisation may sell or otherwise dispose of an 29
animal to which this section applies (other than an animal that 30
was surrendered by its owner to the charitable organisation) if: 31
(a) the animal has been kept by the charitable organisation for 32
a period of not less than 21 days, and 33
(b) the charitable organisation has made reasonable inquiries 34
to find the owner or person in charge of the animal, and 35
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Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
(c) within that 21-day period, the owner or person in charge of 1
the animal has not been found or come forward to claim 2
the animal or has refused to take care of the animal. 3
(1B) A charitable organisation may at any time sell or otherwise 4
dispose of an animal to which this section applies that was 5
surrendered by its owner to the charitable organisation. 6
7
[21] Section 32A Compensation not recoverable
Omit "26 (4), 26A (1)" from section 32A (1). Insert instead "26AA (1), 24J". 8
9
[22] Sections 33E and 33F
Insert after section 33D: 10
11
33E Penalty notices
(1) An inspector (within the meaning of Division 2 of Part 2A) may 12
serve a penalty notice on a person if it appears to the inspector 13
that the person has committed an offence against this Act or the 14
regulations, being an offence prescribed by the regulations as a 15
penalty notice offence. 16
(2) A penalty notice is a notice to the effect that, if the person served 17
does not wish to have the matter determined by a court, the 18
person can pay, within the time and to the person specified in the 19
notice, the amount of the penalty prescribed by the regulations for 20
the offence if dealt with under this section. 21
(3) A penalty notice may be served personally or by post. 22
(4) If the amount of penalty prescribed for an alleged offence is paid 23
under this section, no person is liable to any further proceedings 24
for the alleged offence. 25
(5) Payment under this section is not to be regarded as an admission 26
of liability for the purpose of, and does not in any way affect or 27
prejudice, any civil claim, action or proceeding arising out of the 28
same occurrence. 29
(6) The regulations may: 30
(a) prescribe an offence for the purposes of this section by 31
specifying the offence or by referring to the provision 32
creating the offence, and 33
(b) prescribe the amount of penalty payable for the offence if 34
dealt with under this section, and 35
(c) prescribe different amounts of penalties for different 36
offences or classes of offences. 37
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Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Prevention of Cruelty to Animals Act 1979 Schedule 1
(7) The amount of a penalty prescribed under this section for an 1
offence is not to exceed the maximum amount of penalty that 2
could be imposed for the offence by a court. 3
(8) This section does not limit the operation of any other provision 4
of, or made under, this or any other Act relating to proceedings 5
that may be taken in respect of offences. 6
7
33F Offences in respect of more than one animal
(1) In proceedings for an offence against section 5, 6, 7 or 8, an 8
allegation may be made that the act or omission that constituted 9
the alleged offence related to more than one animal. 10
(2) In sentencing a person for an offence against section 5, 6, 7 or 8, 11
a court may take into account whether the act or omission that 12
constituted the offence related to more than one animal. 13
However, if the person has already been prosecuted in respect of 14
that act or omission, the court is to take into account any penalty 15
that was imposed on the person as a result of that prosecution. 16
17
[23] Section 34 Proceedings for offences
Insert after section 34 (3): 18
(4) Despite the Criminal Procedure Act 1986 or any other Act, 19
proceedings for an offence against this Act or the regulations may 20
be commenced not later than 12 months after the date alleged to 21
be the date on which the offence was committed. 22
23
[24] Section 34A
Omit the section. Insert instead: 24
25
34A Guidelines relating to welfare of farm or companion animals
(1) The regulations may prescribe guidelines, or may adopt any 26
document (however described) as guidelines, relating to the 27
welfare of species of farm or companion animals. 28
(2) Before any regulations are made as referred to in subsection (1), 29
the Animal Welfare Advisory Council, and representatives of any 30
relevant livestock industry, are to be given an opportunity to 31
review and comment on the provisions of the proposed regulation 32
relating to the welfare of species of farm or companion animals. 33
(3) Compliance, or failure to comply, with any guidelines prescribed 34
or adopted by the regulations for the purposes of subsection (1) is 35
admissible in evidence in proceedings under this Act of 36
compliance, or failure to comply, with this Act or the regulations. 37
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Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979
[25] Section 34B Approved charitable organisations 1
Omit section 34B (3). Insert instead: 2
(3) A charitable organisation that has been approved in accordance 3
with this section must, within 3 months after 30 June in each year, 4
provide the Minister with a report addressing such matters in 5
relation to the exercise by itself or its officers of functions under 6
this Act as may be prescribed by the regulations. 7
8
[26] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1): 9
Prevention of Cruelty to Animals Amendment Act 2004 10
11
[27] Schedule 2, Part 4
Insert after Part 3: 12
Part 4 Provisions consequent on enactment of 13
Prevention of Cruelty to Animals 14
Amendment Act 2004 15
16
6 Inspectors
An officer who, immediately before the repeal of section 25, 26 17
or 26A, was the holder of a prescribed authority issued for the 18
purposes of that section is taken on and from that repeal to have 19
been issued with an authority by the Minister as referred to in the 20
definition of inspector in section 24D (1). 21
22
7 Proceedings for offences
(1) The repeal of section 24 (1) (d) does not affect any proceedings 23
for an offence committed before the repeal. 24
(2) Section 34 (4) applies to offences whether committed before, on 25
or after the commencement of that subsection. 26
Page 16
Prevention of Cruelty to Animals Amendment Bill 2004
Amendment of Acts Schedule 2
Schedule 2 Amendment of Acts 1
2
(Section 4)
2.1 Fines Act 1996 No 99 3
4
Schedule 1 Statutory provisions under which penalty notices issued
Insert in alphabetical order of names of Acts: 5
Prevention of Cruelty to Animals Act 1979, section 33E 6
2.2 Law Enforcement (Powers and Responsibilities) Act 2002 7
No 103 8
9
Schedule 4 Amendment of other Acts and instrument
Omit Schedule 4.71. Insert instead: 10
4.71 Prevention of Cruelty to Animals Act 1979 No 200 11
12
[1] Section 24F Search warrant
Omit section 24F (1). Insert instead: 13
(1) In this section: 14
authorised officer has the same meaning as it has in the 15
Law Enforcement (Powers and Responsibilities) Act 2002. 16
17
[2] Section 24F (2) and (3)
Omit "authorised justice" wherever occurring. 18
Insert instead "authorised officer". 19
20
[3] Section 24F (4)
Omit "Part 3 of the Search Warrants Act 1985". 21
Insert instead "Division 4 of Part 5 of the Law Enforcement (Powers 22
and Responsibilities) Act 2002". 23
Page 17
Prevention of Cruelty to Animals Amendment Bill 2004
Schedule 2 Amendment of Acts
2.3 Prevention of Cruelty to Animals Act 1979 No 200 1
2
[1] Section 24CA
Insert after section 24C (as inserted by Schedule 1 [14]): 3
4
24CA Extension of certain powers of officers
The powers of an officer or inspector under this Part may be 5
exercised in relation to an offence, or suspected offence, against 6
section 9 (1) of the Veterinary Practice Act 2003. 7
8
[2] Section 27B Extension of certain powers of officers (as inserted by the
9
Veterinary Practice Act 2003)
Omit the section. 10
Page 18
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