Animals Protection Act of 1901 (1 Edw VII No. 26) (Qld)

.8080 AGRICULTURAL BANK-ANIMALS. Animals Protection Act. 1 EDW. VII. No. 26, interest and instalments payable in respect of the advance have been paid, no process of law shall interfere with the security for the same. ~ eport to be laid before 25. In every year the 'rrustees shall furnish a report Parliament. to the Secretary for Agriculture upon the operation of this Act, and every such report shall be laid before both Houses of Parliament. Governor in Council mav 26. The Governor in Council may from time to time make • make Regulations for all or any of the following pur- lieg,.iations. poses, namely,- Ci.) Prescribing the mode in which applications for advances are to be made; (ii.) Prescribing what works shall be improvements for the purposes of this Act; (iii.) The mode in which the value of improvements shall be determined; (iv.) The forms of mortgage or security to be taken by the Trustees; (v.) Generally for carrying out the objects and pl'O- visions of this Act. All such Regulations, when published in the Gazette, shall have the same effect as if they were enacted in this Act, and shall be laid before Parliament within fourteen days after such publication, if Parliament is then sitting, and if not, then within fourteen days after the beginning of the next session of Parliament. AGRICULTURAL LANDS PURCHASE. See LA.NDS. ANIMALS. 1 Edw. VII. An Act for the More Effectual. Prevention of Cruelty to No. 26. THE ANUIALH Animals. PROTECTION ACT OF 1901. [ASSENTED TO 31ST DECEMBER, 1901.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - l:ihol't title. 1 This Act may be cited as " The Animals Protection Act of 1901."

ANIMALS. 8081 1.1)01. Animals Proteotion Act. 2. The Act passed in the fourteenth year of the Reign Repeal. <>f Her late Majesty Queen Victoria. numbered forty, and intituledan Act for the More Effectual Prevention of Cruelty to Animals is repealed. * . 3. In this ,:\ ct, unless the context otherwise indicates, Interpreta- the followmg terms have the meanings set against them tion. respectively, that is to say,- " Animal "-Every species of animal whether in a natural or domestic state; " Cruelty"-The intentional or deliberate infliction upon any animal of pain that in it,;; kind or degree or its object or its circumstances is unreasonable or wanton or malicious. 4. The following acts when done to any animal shall Cruel acts. be deemed to involve cruelty, that is to say,- (a) Over-riding or over-driving or over-working; or (b) Over-loading or driving when overloaded; or (c) Riding or driving or employing or conveying any animal which is unfit for any such use or treatment; or (d) Ill-treating or injuring or tormenting or tortur- ing; or (e) Doing in circumstances that amount to cruelty any of the following acts, that is to say,- beating, wounding, mutilating, killing, or causing unnecessary pain: Provided that the acts specified in this section shall be deemed to be mentioned by way of example only, and shall not be construed to restrict in any way the generality of any prohibition herein contained or to limit the same to eases resembling all or any of' the cases specially men- tioned: Provided further that every dog which on any public road, street, or place' in any rnannercausing danger or injury to any person, rushes at or barks at any person or at any animal, vehicle, bicycle, or tricycle, upon or in which any person is tiding, may be then and there killed -or attempted to be killed by such person, or by any other person then present, without liability to any action or other. proceeding whatsoever by any person whomsoever for or by reason of such killing or attempten killing. *' Supra, page 260.

8082 ANIMALS. Animals Protection Act. 1 Enw. VII. No. 26, Prohibition of cruelty. 5. (1.) No person shall do any act or observe any forbearance towards any animal which act or forbearance involves crueltv. . ( ~ . ) No person shall use or treat or handle any animal at any time or in any place or in any manner or to any extent or for any purpose or in any circumstances which involves or involve cruelty. (3.) No person shallo drive, or conveyor carry in or upon any vehicle or receptacle or by hand or in any way, any animal in such a position as to subject it to unneces- sary pain, or kill any animal in any manner or in any position or in any circumstances which involves or involve cruelty. Places for baiting animals forbidden. 6. No person shall keep or use any place either for public or private fighting or baiting or otherwise maltreat- ing any animal, or shall act in the management of any such place. Captive animal to be cared for. 7. No person·who has the possession or the custody of any animal which is confined or otherwise unable to provide for itself shall omit to provide such animal during so long as it remains so confined in his possession or custody with proper and sufficient food, drink, and shelter. Power to 8. If any animal is at any time impounded or COll- ~ ~ ~ : ~ ~ ~ to fined. in any yard, pen, c~ ge, hut~ h. p.ound, or recepta~ le of l?rovid.e foo~ the lIke nature, or deprIved of Its lIberty, and contmues ! ~ ~ fi: : ' : ~ t~ n impounded, confined, or restrained without fit and sufficient food and water for more than twenty-four consecutive hours, or in the case of ruminants for more than eighteen hours, it shaH be lawful for any person wbomsoever to enter into and upon any yard or premises or any pound or other receptacl~ of the like nature in which any such animal is so confined, and to supply sl1ch animal with fit and sufficient food and water during so long a time as it remains and continues so impounded, confined, or restrained, without being liable to any action of trespass or other proceeding by any person whomsoever for or by reason of such entry for the purposes aforesaid. The reasonable cost of such food and water shall be paid by the owner of such animal to the person who has supplied the same, and such cost may be recovered by complaint before any two justices. Destruction ot suffering 9. Any animal found abandoned, or disea!'cd, injured, animals. or disabled to such an extent that its existence involves continued suffering may be killed upon the authority of a.

ANIMALS. 8083 1901. Animals Protection Act. justice, or a veterinary practitioner or police officer or officer of the Local Authority having jurisdiction within the District where the animal is found, whether such animal has been the subject-matter of a prosecution or not. Notice of the fact shall in every case be given to such Local Authority, and such Local Authority may recover any cost incurred by it in the destruction and disposal of the carcass from the owner of such animal by complaint before any two justices. 10. Any memoer of the Police Force upon his own Apprehension view, or upon the complaint and information of any other of offenders. person, may, without any warrant other than this Act, take into custody any person committing' or reasonably suspected of having committed an offence against any of the provisions of this Act, and bring such person before a justice for the purpose of being dealt with according to law. 11. vVhenever any person having charge of any vehicle Pow~ r to. or an.imal , and being also the owner thereof ' is o taken in r to detvaeInhI.acmlemasal custody for any cruelty to such animal, the member of the security for Police Force making the arrest may take charge of such penalty, &c. vehicle or animal, and deposit the same in some place of safe custody as a security for the payment of any penalty to which such person may become liable and of any expenses which may have been or may be necessarily incurred for taking charge of and keeping the same. frhe justices before whom the case is heard may order such vehicle or such animal to be sold for the purpose of satisfying such penalty and reasonable expenses in default of payment thereof in like manner as if the same had been subject to be and had been distrained for the payment of such penalty and expenses. 12. (1.) Except as hereinafter provided, nothing Exemptions. herein contained shall apply to any act done in any of the following cases :- (a) In the extermination of rabbits, marsupials, wild dogs, or vermin; or (b) In the extermination or destruction of any animal under the authority of any Act or By-law in force for the time being; or (c) In the hunting, snaring, trapping, shooting, or capturill~ of any animal not in a domestic state; or

8084 ANIMALS. Animals Protection Act. 1 EDW. VII. No. 26, 1901. (d) In any experiment or vivisection performecl upon any animal by any legally qualified medical practitioner or veterinary practitioner or by any officer appointed by the Governor in Council for the purposes of scientific investi- gation: Provided that the Governor in Council may from time to time make Regulfl.tions for the registration of those practitioners who- desire to perform such experiments or vivisec- tion and for the humane conduct of their operations. Limitations of (2.) The exemption herein contained shall not take exemptions. effect- ( a) In any case of cruelty; or (b) In any case of vivisection or other experiment wherein the following conditions are neglected,. that is to say :- (i.) 1'he operation shall be performed in accord- ance with the said Regulations; (ii.) The animal subject to the operation shall during the whole time thereof be so under the influence of some amesthetic as to be insensible to pain; (iii.) When the animal has ill the course of the operation been so injured that its recovery would involve serious suffering, it shall be destroyed while still insensible. Parties to olIencer. 13. Every person shall be deemed to be guilty of an offence under this Act who- (a) Actually commits such offence: or (b) Aids or abets any person in t.he commission thereof; or (c) Directly or indirectly causes or counsels or procures any person to commit such offence; or . (d) Knowingly permits such offence to he com- mitted in the case of any animal or any place in his possession or custody, or under his control. Penalty for offences. 14. If any person offends against any of the provisions of this Act he shall, on conviction before any two justices, be liab1e for the first offence to a penalty not exceeding ten pounds or to imprisonment with or without hard labour for any term not exceeding one month, and for the second

ANIMALS-ASSURANCE COMPANIES (LIFE). 8085- 1 EDW. VII. No. 20, 1901. Life Assurance Oompanie.s Act. offence to a penalty not exceeding twenty pounds or to imprisonment with or without hard labour for any term not exceeuing two months, and for the third and every sub- sequent offence to a penalty not exceeding fifty pounds or to imprisonment with or without hard labour for any term not exceeding six months. When any uch offender is not the owner of the animal if by suc offence he causes any damage to any animal or to any erson or property, he shall, in addition to such punishme t, make compensation to the owner of the animal or to t e person damaged; and the justices by or before whom t e offender is convicted shall by the same or a subsequent 0 der determine and award the amount of compensation. 15. Every c mplaint under this Act must be made Limitation of within one calend r month from the time when the matter proceedmgs. of complaint aros . ROPRIATION ACTS. 8(1e CO~STITUTION. ASSU NCE COMPANIES (LIFE). An Act to rovision for Regulating and Controlling 1 Edw. VII L h ·Sl e A ssurance. No. 20. THE LIFE ASSURANOE SSEN'l'ED TO 31ST DECEMBER, 1901.J fc~ ~ : ~ ~ ~ L B E it enacted y the King's Most Excellent Majesty, by and wit the arlvice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assem led, and by the authority of the same, as follows : - P RT I.-PRELIMINARY. PART I. • PRELIlIIINARY 1. This Act ay be CIted as "The Life Assurance Short title. Oompanies Act of 1901." 2. This Act i divided into Parts, as follows :- Division. PART 1.- RELIMINARY; PART 11.- ROVISIONS FOR SECURITY OF ASSURED; PART IlL-ApPLICATION OF COMPANIES ACTS, PROCEDURE, AND MISCELLANEOUS. 3. The Acts mentioned in the First Schedule to this Act Repeal. are repealed to the extent in the said Schedule indicated: Schedule 1. .