Western Australian Repealed Acts

This legislation has been repealed.

PREVENTION OF CRUELTY TO ANIMALS ACT 1920 - SECT 4

4 .         Offences of cruelty

        (1)         It shall be an offence against this Act for any person to —

            (a)         ill-treat or cause or procure to be ill-treated or be a party to ill-treating any animal; or

            (b)         fail to supply any domestic animal or captive animal other than those running at large with proper and sufficient food or water or sufficient protection against inclement weather; or

            (ba)         abandon or cause or permit the abandonment of any domestic animal by taking it or permitting it to be taken to a place other than that in which it is usually kept, there to fend for itself; or

            (c)         keep or use or act in the management of any place where fighting or baiting of any animals is permitted or allowed, or to receive money for the admission of any person to any such place; or

            (d)         incite any animal to fight, or bait any other animal, or to encourage, aid, or assist thereat; or

            (e)         convey, carry, or pack, or cause to be conveyed, carried, or packed, any animal in such manner or position as to subject or be likely to subject such animal to unnecessary pain or suffering; or

            (f)         needlessly slaughter, or cause to be slaughtered, or needlessly mutilate any animal or subject such animal to unnecessary pain or suffering; or

            (g)         ride, drive, use, convey, or carry any animal which is unfit for such use or treatment; or

            (h)         neglect, as the owner or person in charge, to reasonably exercise or cause to be exercised, at least once a day, any dog habitually chained up; or

                  (i)         convey, carry, or pack, or cause to be conveyed, carried, or packed, any poultry together with other poultry which is of different species; or

            (j)         administer poison to any animal, or to expose any poisonous substance with the intent that the same shall be taken or swallowed by any animal, or to administer, except for medicinal purposes, any poison, drug, medicine, or noxious substance to any animal entered or about to be entered in any race or upon any racecourse, or to expose any such poison, drug, medicine, or noxious substance with the intention that same shall be taken swallowed, or inhaled with intent to impede or affect the safety, endurance, sense, health, or physical condition of such an animal; or

            (k)         sell, offer, expose for sale, or give away or procure any person to do the same or knowingly to be a party to the sale or to sell, expose for sale, or give away any grain or seed which has been rendered poisonous except for bona fide use in agriculture; or

            (l)         knowingly put or place upon any land or building, or cause or procure any person to put or place or be a party to the same, any poison or any fluid or edible matter not being sown seed, or grain which has been rendered poisonous; or

            (m)         shoot pigeons released from traps; or

            (ma)         promote or take part in the coursing with a dog or dogs of any animal kept or released for the purpose of being coursed; or

            (mb)         keep or have in his custody, possession, care or control at any place any animal, not being a greyhound, for the purpose of using the animal in connection with the racing or training of greyhounds; or

            (n)         knowingly permit cruelty:

                Provided in any proceedings under paragraphs (j), (k) and (l) of this section it shall be a defence that the poison was sold or placed by the accused for the purpose of destroying rats, mice, or other vermin, and that the accused took every reasonable precaution to prevent access thereto of dogs, cats, fowls, or other domestic animals.

        Penalty: $5 000 or 12 months imprisonment.

        (2)         For the purposes of this section, an owner shall be deemed to have permitted cruelty within the meaning of this Act if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom, or failed to take reasonable steps to prevent the unnecessary suffering of the animal:

                Provided that, where an owner is convicted of permitting cruelty within the meaning of this Act by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine.

        [Section 4 amended by No. 18 of 1948 s.4; No. 22 of 1958 s.4; No. 51 of 1970 s.2; No. 84 of 1972 s.2; No. 84 of 1976 s.2; No. 36 of 1987 s.3.]