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PREVENTION OF CRUELTY TO ANIMALS AMENDMENT (TAIL DOCKING) BILL 2004

Explanatory Notes

Prevention of Cruelty to Animals Amendment (Tail Docking) Bill 2004

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Prevention of Cruelty to Animals Act 1979 to allow the docking of a dog’s tail only if the procedure is performed by a veterinary surgeon in the interests of the dog’s welfare.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Prevention of Cruelty to Animals Act 1979 set out in Schedule 1.

Schedule 1 Amendments

Section 12 of the Prevention of Cruelty to Animals Act 1979 (the Principal Act) makes it an offence for a person to dock the tail of a dog but provides a defence if the dog was less than 5 days old at the time of the docking or if the docking was performed by a veterinary surgeon in the circumstances prescribed, and in accordance with any conditions specified, in the regulations made under the Act.

Schedule 1 [1] and [2] remove these 2 defences.

Schedule 1 [3] creates a new defence if the docking was performed by a veterinary surgeon and was in the interests of the dog’s welfare.

Schedule 1 [4] makes inapplicable to the offence a provision in section 24 of the Principal Act that would otherwise provide a defence if the docking was performed in the course of, and for the purpose of, providing the dog with veterinary treatment.

Schedule 1 [5] allows regulations of a savings or transitional nature to be made as a consequence of the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 


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