Animals Protection Act Amendment Act of 1952 (1 Eliz Ii No. 44) (Qld)

18 P art IV.— G eneral . ALIENS—ANIMALS. Animals Protection Act Amendment Act. 1 E liz . II. No. 44, of property, real or personal, movable or immovable, shall be read subject to this Act so that such prohibition, disqualification, restriction, or limitation shall not— (a) Prejudice or affect otherwise the right of an alien to continue to hold any property of the species in question lawfully taken by him before the passing of this Act under and by virtue of the provisions of *“ The Aliens Acts, 1867 to 1948,” as in force immediately prior to the passing of this Act; or ( b) Prevent, prejudice or affect otherwise the taking or holding by an alien of any property of the species in question which he may lawfully take and hold under and by virtue of the provisions of *“ The Aliens Acts, 1867 to 1962.” ANIMALS. 1 N E o l . iz 4 . 4I. I. An Act to Amend “ The Animals Protection Act of T he A nimals P rotection 1925,” in certain particulars. A ct A mendment A ct of [A ssented to 4 th D ecember , 1952.] 1952. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title 1. This Act may be cited as “ The Animals aconndstruction Protection Act Amendment Act of 1952,” and shall be read as one with The Animals Protection Act of 1925,” herein referred to as the Principal Act. Collective The Principal Act and this Act may be cited title. collectively as “ The Animals Protection Acts, 1925 to 1952.” Amendments of s. 3. 2. Section three of the Principal Act is amended— (i.) By repealing the definition of the term “ Animal ’ ’ in that section and by inserting the following definition in lieu of that repealed definition :— Animal. “ “ Animal ”—Any animal or bird of whatsoever species whether in a natural or domestic state: The term includes any domestic or captive animal;”. * 31 V. No. 28 and amending Acts, t 16 G. 5 No. 25.

ANIMALS. 19 1952. Animals Protection Act Amendment Act. (ii.) By repealing the definition of the term “ Domestic animal ” in that section and by inserting the following definition in lieu of that repealed definition :— . “ “Domestic animal”—Any animal or bird (of Domestic whatsoever kind or species and whether aanimaL quadruped or not) which is tame or which has been or is being sufficiently tamed to serve some purpose for the use of man, or which, although it neither has been nor is being nor is intended to be so tamed, is or has become in fact wholly or partly tame (iii.) By repealing the definition of the term “ Captive animal ” in that section and by inserting the following definition in lieu of that repealed definition :— “ “ Captive animal ”—Any animal or bird (not Captive being a domestic animal) of whatsoever kind anunaL or species, and whether a quadruped or not, including any fish or reptile, which is in captivity or confinement, whether permanent or temporary, or which is chained or tethered or which is subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or confinement, whether permanent or temporary, or which is pinioned or which is or appears to be maimed (iv.) By inserting after the definition of the term “ Captive animal ” in that section the following definitions :— , “ “ Dog ”—Includes any bitch or puppy ; Dog “ Horse ”—Includes any mare, gelding, pony, Horse, foal, colt, filly, or stallion (v.) By adding to the definition of the term “ Ill- treat ” in that section the words “ and “ ill-treated ”, “ ill-treating ”, and “ ill-treatment ” have corresponding meanings ;”. (vi.) By inserting after the definition of the term “ Ill-treat ” in that section the following definitions :— “ “ Owner ”—Used with reference to any animal Owner, includes not only the owner but also the lessee or borrower or other person whomsoever for the time being having or being entitled to the possession or custody or control or charge of the animal;

20 ANIMALS. Animals Protection Act Amendment Act. 1 E liz . II. No. 44, Person. This Act. “ Person ”—Includes a body corporate (vii.) By adding to that section the following definition and paragraph :— “ “ This Act ”—This Act and all regulations made under this Act. Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act.” Amendments 3. Section four of the Principal Act is amended :— ofs'4‘ (i.) By inserting in subparagraph (a) of subsection one thereof after the word “ procure ” the words “ or encourage ”. (ii.) By repealing subparagraph ( b ) of subsection one thereof and by inserting, in lieu of that repealed subparagraph, the following subparagraph:— “ (b) Being the owner of any animal, fail to provide that animal with sufficient suitable food or drink or, except where that animal is running at large or on a journey, shelter ; or ”. (iii.) By repealing subparagraph (c) of subsection one thereof and by inserting, in lieu of that repealed subparagraph, the following subparagraph :— “ (c) Encourage, aid, cause, procure, or assist at the fighting or baiting of any animal, or keep, use, manage, or act or assist in the management of any place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permit or suffer any place to be so kept, managed, or used, or receive, or cause or procure any person to receive, money for the admission of any person to such place ; or ”. (iv.) By repealing subparagraph (/) of subsection one thereof and by inserting, in lieu of that repealed subparagraph, the following subparagraph:— “ (/) Being the owner of any dog habitually tied up or kept in close confinement, fail during every period of twenty-four hours either for a continuous period of at least two hours or for two separate periods of at least one hour each to exercise or to cause to be exercised

ANIMALS. 1952. Animals Protection Act Amendment Act. that dog (For the purposes of this subparagraph “ exercise ” includes release, and exercise and release, and the term “ exercised ” has a corresponding meaning) ; or (v.) By repealing in subparagraph ( g) of subsection one thereof the words “ case or crate ” and by inserting, in lieu of those repealed words, the words “ case, crate, coop, or other receptacle (vi.) By repealing in the last paragraph of subsection one thereof the words “ twenty-five pounds and not less than ten shillings ” and by inserting, in lieu of those repealed words, the words “ one hundred pounds and not less than five pounds (vii.) By adding to that section the following subsection :— “ (4.) (a) The owner or occupier of any enclosed field, paddock, yard, or other place in which any cattle, sheep, horses, swine, or poultry is or are confined may take proceedings under this Act in a court for the destruction of any dog which has worried, killed, or injured any such cattle, sheep, horses, swine, or poultry. (b) If the life or limbs of any person using any place open to or used by the public (including any public road) have been endangered by reason of any dog rushing at or attacking that person or any animal, vehicle, motor cycle, or velocipede upon or in which he is riding, then proceedings may be taken under this Act in a court for the destruction of the dog. (c) Upon the hearing of the complaint, if the court is satisfied that any cattle, sheep, horses, swine, or poultry confined as aforesaid has or have been worried, killed, or injured by the dog or, as the case may be, that the life or limbs of the person aforesaid have been endangered as aforesaid by the dog, and that an order should be made, the court may order that the dog shall be destroyed. (d) Any member of the police force may, on payment of reasonable expenses by the owner or occupier or person laying the complaint for so doing, execute the order of the court and destroy or cause to be destroyed the dog to which the order relates and the member of the police force may enter upon any land or premises upon which he has reasonable cause to believe that the 21

22 ANIMALS. Animals Protection Act Amendment Act. 1 E liz . II. No. 44, dog may be found and there destroy the dog or from there convey or cause it to be conveyed to some other place for the purpose of destroying it.” Amendments 4Subsection one of section seven of the Principal ofs. 7(i). _^ct -g amenc[eci— (i.) By inserting in subparagraph (c) thereof after the words “ or vermin ” the words “ or reptiles (ii.) By inserting in subparagraph (e) thereof after the word “ shooting ” the words “ or killing otherwise ”. Repeal of 5. Section eleven of the Principal Act is repealed s”n?ew and the following section is inserted in lieu of that repealed section:— Power to “ [21.] (2.) Any member of the police force may aseniizme als, &c. take possession of, detain, and if he thinks fit, remove to some place of safety or safe custody any animal in respect of which this Act has been or is being contravened, or in respect of which he reasonably believes this Act has been or is being contravened, and if at the time when taken possession of, any vehicle is drawn by that animal, that vehicle, and if at that time any harness (including any saddle) is attached to that animal and, where possessed, any vehicle, that harness, and anything whatsoever which he believes will afford evidence as to the commission of any such contravention, or any of these things. (2.) Any animal or things taken possession of under this section may be detained until proceedings for the offence in respect of which the animal or things were taken possession of, or for any offence in which the animal or things are or can properly be adduced in evidence, are finally determined, including any appeal in the matter of those proceedings, or for any shorter period. (3.) In any such case where the owner of any such animal is convicted for an offence against this Act the court may, in addition to imposing any penalty or punishment for that offence, order the offender to pay a reasonable sum for defraying the cost of keeping the animal whilst so detained or otherwise incurred in connection with such detention. .

ANIMALS. 23 1952. Animals Protection Act Amendment Act. (4.) Any animal taken possession of under this section and in relation to which any offence against this Act has been committed shall be forfeited to Her Majesty in right of this State if the court convicting the offender so orders (authority to make such order being hereby given) : Provided that the Minister may at any time, in his absolute discretion, order that any animal or things lawfully detained under this section shall be forfeited to Her Majesty in right of this State notwithstanding that no person is proceeded against for or is convicted of an offence against this Act in relation thereto, and thereupon such forfeiture shall take effect.” 6 . Section twelve of the Principal Act is repealed. Repeal of s. 12. 7. Section thirteen of the Principal Act is amended— Amendments (i.) By repealing the proviso to the first paragraph ofs. 13. of subsection one of that section and by inserting, in lieu of that repealed proviso, the following proviso :— “ Provided that in a case where any animal is found diseased, or injured, or disabled as aforesaid and the authority of a veterinary practitioner has not been obtained, notice of the proposed killing shall wherever reasonably practicable be given to the owner of the animal and, whenever such notice has been given (but excepting the case of any horse found with any of its legs broken) such killing shall not take place until after the lapse of twenty-four hours after the receipt of such notice by the owner and not then if within that time the owner places at his own cost the animal under the care or treatment of a veterinary practitioner who is of the opinion that the animal may recover.” (ii.) By repealing subsection two of that section and by inserting the following subsection in lieu of that repealed subsection :— “ (2.) Where any injured or disabled animal is found in any place (including any public road) open to or used by the public, whether as of right or otherwise, or in any place wherein its remaining would cause cruelty to that animal, then it shall be the duty of the owner thereof, unless the animal cannot without cruelty be removed, to forthwith cause to be removed that animal from that place with as little suffering to it as possible,

24 ANIMALS. Animals Protection Act Amendment Act. 1 E liz . II. No. 44, and if the owner fails to do so, or if there is no owner or if the owner is absent, an officer may, without the consent of the owner, cause the animal forthwith to be so removed from that place.” New s. 15 a . 8. The following section numbered 15 a is inserted after section fifteen of the Principal Act:— Power to demand name and address. “ [25 a .] (2.) Any officer who— (а) Finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or (б) Is making investigations with a view to establishing whether or not an offence against this Act has been committed by any person, may require that person to state his name and address or name or address and, if the officer has reasonable ground to suppose that the name or address stated is false, may require evidence of the correctness thereof. (2.) Any person required under this section to state his name and address or name or address or to give evidence of the correctness thereof who fails to do so as required or who gives a name or address or evidence, as is required which in the opinion of the officer is false, may be arrested without warrant by that officer (in such cases only where the officer is a member of the police force) and taken as soon as practicable before a court to be dealt with according to law.” Amendments of s. 16. 9. Section sixteen of the Principal Act is amended— (i.) By repealing subparagraph ( b ) thereof and by inserting the following subparagraph in lieu of that repealed subparagraph :— “ ( b ) When required under this Act— (i.) To state his name and address or name or address, fails to state his name and address or, as the case may be, name or address, or states a false name and address or, as the case may be, a false name or address; or (ii.) To give evidence of the correctness of his name and address or name or address, fails to give that evidence or gives false evidence with respect to his name and address or, as the case may be, name or address,”. (ii.) By repealing in that section the words “and liable to a penalty not exceeding ten pounds ”.

1952. ANIMALS. Animals Protection Act Amendment Act. 25 amen1d i 0ed. j — Section nineteen of the Princip 1 al Act is o A f m s. en 1 d 9 m . ent (i.) By renumbering the said section subsection one of that section. (ii.) By adding at the end of subsection one of that section the following subsection :— “ (2.) If any person is guilty of an offence against this Act in respect of any animal, the court, upon his conviction therefor, may, if the court thinks fit, in addition to any other penalty, punishment or order, order that the said person shall, either permanently or during such period as is fixed by the order, be prohibited from having the custody of any animal of any kind whatsoever or, as the court thinks fit, of any animal of any kind or species specified in the order : Provided that no order shall be made under this subsection— (a) Unless it is shown by evidence as to a previous conviction, or as to the character of the said person or otherwise, that an animal in the custody of the said person is likely to be exposed to cruelty ; ( b ) Unless it is stated in the complaint upon which the conviction was made that it is the intention of the complainant upon the conviction of the defendant to request that an order be made as aforesaid; and (c) Unless the court making the order consists solely of a stipendiary magistrate. Any person in respect of whom an order is made under this subsection shall not have the custody of any animal contrary to the provisions of the order and upon conviction for this offence the court may make such order as to the disposal of the animal as the court thinks fit under the circumstances or make any other order under this Act in respect of that animal.” 11. Section twenty of the Principal Act is amended Amendment by repealing in that section the words “ and liable to a of s'20- penalty not exceeding five pounds nor less than two pounds ”.

36 ANIMALS. Animals Protection Act Amendment Act. 1 E liz . II. No. 44, Amendments 12. Section twenty-one of the Principal Act is of s. 21. amended— (i.) By repealing in that section the words “ Every person who is employed in the killing of decrepit animals shall conform to the following rules ” and by inserting, in lieu of those repealed words, the following subsection:— “ (1.) The provisions of this section shall be observed by every person who slaughters or acts as or carries on the business of slaughterer of animals.” (ii.) By renumbering rule (1) of that section subsection (2) of that section and by repealing in this subsection (2) the words “ within two days ” and by inserting, in lieu of those repealed words, the words “ and as far as practicable free from previous terror, within two days or, where any other time is prescribed by the regulations under this Act, within that prescribed time (iii.) By renumbering rules (2) and (3) of that section subsections (3) and (4) respectively thereof. (iv.) By renumbering rule (4) of that section subsection (5) thereof and by repealing in that new subsection the words “ constable or ”. (v.) By renumbering rule (5) of that section subsection (6) of that section. (vi.) By repealing rule (6) of that section (being that paragraph commencing with the words “ Any person who contravenes ”). (vii.) By repealing in the sidenote to that section the word “ decrepit ”. New s. 21 a . 13. The following section numbered 21 a is inserted after section twenty-one of the Principal Act:— Conveyance “ [ 21 a . ] N o person shall at any time convey oanf dcaslwveisne. (whether by railway truck, road transport, or otherwise howsoever) any calves which are not separated by a suitable partition or otherwise from any swine being also conveyed at that time. In this section “ swine ” does not include pigs under or apparently under the age of three months.”

ANIMALS. 27 1952. Animals Protection Act Amendment Act. 14. Section, twenty-two of the Principal Act is Repeal of repealed and the following section is inserted in lieu ofgn 2 2new that repealed section :— “ [22.] (1.) Any person who contravenes or fails Offences, to comply with any provision of this Act shall be guilty of an offence against this Act. (2.) (a) Any person guilty of an offence against any General provision of this Act shall be liable, if no specific penalty ponalty‘ is provided for that offence, to a penalty not exceeding one hundred pounds. ( b ) Any penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under this Act. (c) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of such offence shall not be reduced below anj^ prescribed minimum amount of penalty. (3.) All offences against this Act may be prosecuted Summary and all other proceedings under this Act may be taken ' in a summary way under *“ The Justices Acts, 1886 to 1949,” on complaint by any person aggrieved (or, where that person is an infant, by a parent or guardian), or by any officer. (4.) A prosecution for an offence against this Act Time for and any other proceeding under this Act may be meXof °e instituted at any time within twelve months after the prosecutions, commission of the offence or, as the case may be, after the act or omission upon which that other proceeding is based or within six months after the commission of the offence or, as the case may be, after the act or omission upon which that other proceeding is based comes to the knowledge of the complainant, whichever is the later period. (5.) No proceeding under this Act and no conviction paving of for any offence against this Act shall affect any civil remedies, right or remedy to which any person aggrieved by the act or omission on which that proceeding is based or, as the case may be, aggrieved by the offence may be entitled.” 50 V. No. 17 and amending Acts.

28 ANIMALS.—CHARITABLE COLLECTIONS. Charitable Collections Act. 1 E liz . II. No. 32r New s. 24. 15. The following section is added to the Principal Act:— 6aS3nadvVini1cg. EoNlifzo. . 29 provi“si[o2n4s. ] oUf ntlheisss Aoctthesrhwailsl ebeexinpreasdsdlyitiopnrotvoidaendd, nthoet No. 13. in substitution for or diminution of the provisions of— (a) *“ The Criminal Code Act, 1899,” or (b) f“ The Fauna Conservation Act of 1952,” or of any regulations thereunder : Provided that where any act or omission constitutes the same offence both under this Act and under any other such Act or any regulations thereunder, any person doing or omitting to do such act may be proceeded against either under this Act or under such other Act or regulations but so that no person shall be twice punished for the same offence.” APPROPRIATION ACTS. See C onstitution . BUILDING SOCIETIES. See S ocieties . CHARITABLE COLLECTIONS. 1 N E o l . iz 3 . 2I. I. An Act to Regulate Charities and to Provide for T he C haritable the Keeping and Audit of Accounts relating C ollections A ct of 1952. to Collections for Charitable Purposes and for the Regulation otherwise of such Collections; and for other purposes. [A ssented to 23 rd O ctober , 1952.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Charitable Collections Act of 1952.” Commence­ |(2.) Except as herein otherwise provided, this Act ment ofAct. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. * 63 V. No. 9. t 1 Eliz. 2 No. 13. J Commenced 9 Mar. 1953 (Proc. Gaz. 28 Feb. 1953, p. 767).