Animals Protection Act Amendment Act 1977 (Qld)

581 ANNO VICESIMO SEXTO ELIZABETHAE S S E CUN V A E RE GIN A E No. 54 of 19 77 An Act f the Animals Pro tection Act 1925-1971 in certain part i c ula rs [ASSENTED TO 7TH OCTOBER, 1977] 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 1977. (2) The Animals Protection Act 1925-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Animals Protec )n Act 1925-1977. 2. Ar. 3f s. 3. Section 3 of the Principal Act is amended by, in the rs:,,«::ing of the term "Horse", omitting the words "or stallion " and _ )stituting the words " stallion, ass, mule or hinny ".

582 Animals Protection Act Amendment Act 1977, No. 54 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after paragraph (b) the following paragraph:- " (ba) Being the owner of any animal, fail to provide treatment for injury, disease or illness with which that animal may at any time be afflicted; "; (ii) inserting after paragraph (d) the following paragraph:- " (da) Confine (otherwise than for the purpose of conveying, carrying or packing) any animal in such manner or position as to subject such animal to unnecessary pain or suffering; " ; (iii) in the final paragraph, omitting the expressions " $200 ", " $10 " and " $10 " and substituting in each case respectively the expressions " $1000 ", " $50 " and " $50 "; (b) inserting after subsection (2) the following subsection:- "(2A) (a) A person shall not be guilty of the offence defined in subsection (1) (ba) if the injury, disease or illness for which he has failed to provide treatment is such-that it is likely to be healed or cured without treatment. (b) An animal that is afflicted with injury, disease or illness such that, in the opinion of the owner thereof- (i) it will cause or contribute to the death of the animal in circumstances .of suffering; and (ii) there is no other reasonable means of healing or curing such injury, disease or illness or of avoiding its consequences, may be killed humanely as an alternative to providing treatment.". 4. Amendment of s. 6 . Section 6 of the Principal Act is amended by omitting the expression ",$300 " and. substituting the expression . 41 $1. 000 " 5. Amendment of s. 7. Section 7 of the Principal Act is amended by- ta) omitting paragraph (b) and substituting the following paragraph: " (b) Acknowledged husbandry practices including the dehorning of cattle, the castration, speying, ear-marking or branding of any animal, lamb-marking, the mulesing, shearing or crutching of any sheep, or the shoeing of any horse where, in. any case, the operation is performed with a minimum of suffering to the animal concerned; "; (b) in paragraph (c), omitting the words " or vermin or reptiles " and substituting the words " wild cattle, wild horses, wild pigs, other domestic animals living in a wild state or reptiles "; (c) omitting paragraph (j) and-substituting the following paragraph:- "(j) Any operation of the nature specified in section 4 (1) (j) or any other operation performed in accordance with normal veterinary practice for the treatment of disease of or injury to an animal by a veterinary surgeon registered under the Veterinary Surgeons Act 193E--1973;"

Animals Protection Act Amendment Act 1977, No. 54 583 6. Amendment of s. 9 . Section 9 of the Principal Act is amended by omitting the expression " $20 " and substituting the expression " $200". 7. Am end me nt of s. 13. Section 13 of the Principal Act is amended by inserting after the word " killed ", where it occurs in subsection (1), the words " by or ". 8. by- _jnt of s. 21. Section 21 of the Principal Act is amended (a) omitting subsection (1) and substituting the following subsection:- " (1) This section shall apply to every person who carries on the business of a slaughterer of animals that are diseased, decrepit or otherwise unfit to be used or other animals, delivered to a slaughterer for slaughter."; (b) in subsection (4), inserting after the word " slaughterer " the words " for slaughter "; (c) in subsection (5), inserting after the words " delivered to him " the words " for slaughter ".