Animals Protection Act Amendment Act 1971 (Qld)

402 OueeuzIaxt ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 29 of 1971 An Act to Amend The Animals Protection Acts 1925 to 1957 in certain particulars (AssEN r n TO 22ND APRIL, 19711 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Animals Protection Act Amendment Act 1971. (2) The Animals Protection Act of 1925 as amended from time to time is in this Act referred to as the Principal Act.

Animals Protection Act Amendment Act 1971, No. 29 403 (3) The Principal Act as amended by this Act may be cited as the Animals ProtectionAct1925-1971. 2. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) inserting after the term " Captive animal " and its meaning the following term and meaning: " " Cruelty "-Unreasonable, unnecessary or unjustifiable ill- treatment; "; (b) in the meaning of the term " Owner ",. omitting the words " not only the owner but also the lessee or borrower or other person whomsoever " and inserting in their stead the words " any person ". 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in subsection (1), inserting after paragraph (i) the following paragraphs:- " ; (j) Except as provided in section 7 of this Act, dock the tail of any horse, crop the ears of any dog or operate on any dog to prevent it from barking; (k) 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 keep or have in his custody, possession, care or control at any place used for the training or racing of greyhounds any animal for the purpose of using it in connexion with such training or racing, or keep or have in his custody, possession, care or control at any other place any animal for the purpose of the training or racing of greyhounds; (1) Abandon any domestic or captive animal; (m) Keep for an unreasonable time any animal chained or tethered upon an unreasonably short or unreasonably heavy chain or cord ; (n) keep, sell or attempt to sell, except for the express purpose of being promptly slaughtered, or expose for sale any animal which is in such a condition that it is cruel to keep it alive or, having acquired such an animal, fail to have it promptly destroyed."; (b) inserting at the end of subsection (3) the following proviso:- " : Provided, however, that in killing the dog or attempting to do so, the person concerned shall act in an expeditious manner and take all reasonable steps to prevent the unnecessary suffering of the dog."; (c) omitting, in paragraph (d) of subsection (4), the words "member of the police force " where twice occurring and inserting in their stead in each case the word " officer ". 4. Amendment of s. 6 . Section 6 of the Principal Act is amended by omitting the words " ten pounds " and inserting in their stead the expression " $300 ".

404 Animals Protection Act Amendment Act 1971, No. 29 5. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (1), inserting after paragraph (g) the following paragraphs: " ; (h) The commission or omission of any act in the course of the destruction or the preparation for destruction of any animal as food for mankind, provided that such destruction or such preparation is carried out without the infliction of unnecessary suffering; (i) The destruction of stray dogs or cats in lethal chambers, or by other methods with a minimum of suffering; (j) Any operation of the nature specified in paragraph (j) of subsection (1) of section 4 of this Act where such operation is performed for the treatment of disease of or injury to an animal by a veterinary surgeon registered under The Veterinary Surgeons Acts 1936 to 1964.". 6. Amendment of s. 11. Section 11 of the Principal Act is amended by (a) in subsection (1), omitting the words " member of the police force " and inserting in their stead the word " officer "; (b) inserting after subsection (4) the following subsection:- " (5) All animals and things forfeited to Her Majesty under this Act shall be dealt with or disposed of as the Minister may direct. Any such forfeiture, dealing with or disposal shall not confer upon any person any right to compensation.". 7. Amendment of s. 18. Section 18 of the Principal Act is amended by, in subsection (3), omitting all words after the words " he shall be " and inserting in lieu of such omitted words the words " guilty of an offence against this Act.". 8. New s . 22A. The Principal Act is amended by inserting after section 22 the following section:- " 22A. Protection for acts done in the execution of this Act. (1) No matter or thing done or omitted to be done by any person in good faith and without negligence in the execution of his functions, powers or duties under this Act shall subject that person to any liability in respect thereof. (2) When any question arises as to whether any liability for any act or omission, the subject of any proceedings, is negatived under the provisions of subsection (1) of this section, and it appears that the act or omission of the person proceeded against was for the purpose of executing this Act or in the execution of any of his functions, powers or duties under this Act, the burden of proof of negligence and the absence of good faith shall lie upon the person taking those proceedings.". 9. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act.

Animals Protection Act Amendment Act 1971, No. 29 405 THE SCHEDULE AMENDMENTS RELATING To DECIMAL CURRENCY IS. 91 Provisions to be amended Omit Insert Section 4 (1) Section 4 (1) Section 9 Section 22 (2) one hundred pounds five pounds (where occurring) ten pounds one hundred pounds twice $200 $10 (in each case) $20 $200