Prevention of Cruelty to Animals Act 1979 (NSW)
Sec 23U of this Act (sec 23U repeals Part 2AA, Div 4 on 2.12.2035)
Sch 3, cl 18(3) of this Act (Sch 3, cl 18(3) repeals Sch 3, cl 18 on 1.12.2025)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024 No 85, Sch 1[2] [7]–[12] [14], to the extent it inserts secs 23E–23I and Div 3, [15]–[17] [19] and [23] (not commenced—Sch 1[2] [7]–[12] [14], to the extent it inserts secs 23E–23I and Div 3, [15]–[17] and [23] to commence on 1.12.2025; Sch 1[19] to commence on 1.12.2029)
Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 [Non-government Bill— the Hon Emma Hurst, MLC]
Prevention of Cruelty to Animals Amendment (Gassing Devices Prohibition) Bill 2023 [Non-government Bill— the Hon Emma Hurst, MLC]
Prevention of Cruelty to Animals Amendment (Virtual Stock Fencing) Bill 2024 [Non-government Bill— Mr Philip Donato, MP]
Crimes Amendment (Animal Sexual Abuse) Bill 2024 [Non-government Bill— the Hon Emma Hurst, MLC]
An Act for the prevention of cruelty to animals and for the promotion of their welfare.
This Act may be cited as the Prevention of Cruelty to Animals Act 1979.
This section and section 1 shall commence on the date of assent to this Act.
Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
The objects of this Act are—
(a) to prevent cruelty to animals, and
(b) to promote the welfare of animals by requiring a person in charge of an animal—
(i) to provide care for the animal, and
(ii) to treat the animal in a humane manner, and
(iii) to ensure the welfare of the animal, and
(c) to promote the welfare of dogs and cats by requiring information about them to be provided when they are advertised for sale.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(a) a member of a vertebrate species including any—
(i) amphibian, or
(ii) bird, or
(iii) fish, or
(iv) mammal (other than a human being), or
(v) reptile, or
(b) a crustacean but only when at a building or place (such as a restaurant) where food is prepared or offered for consumption by retail sale in the building or place.
(a) an offence under this Act or the regulations in relation to an animal, or
(b) an offence against section 79, 80, 530 or 531 of the Crimes Act 1900.
(a) commits an act of cruelty upon a bull,
(b) teases a bull, or does any other thing in relation to a bull, in a manner that is likely to cause the bull to fight or to suffer pain or injury, or
(c) attempts to do any of the things mentioned in paragraph (a) or (b),
whether or not for the purpose of causing the bull to fight.
(a) the Royal Society for the Prevention of Cruelty to Animals, New South Wales, and
(b) any other organisation or association which has as one of its objects the promotion of the welfare of, or the prevention of cruelty to, animals, or any class of animals, and which is a non-profit organisation having as one of its objects a charitable, benevolent, philanthropic or patriotic purpose.
(a) keep the animal in captivity by means of a cage or by any other means,
(b) pinion, mutilate or maim the animal for the purpose of hindering, impeding or preventing the freedom of movement of the animal,
(c) subject the animal to a device or contrivance for the purpose of hindering, impeding or preventing the freedom of movement of the animal, and
(d) tether the animal by means of a rope, chain or cord or by any other means.
(a) a member of the police force or an inspector within the meaning of the Animal Research Act 1985,
(b) an appointed officer,
(b1) an inspector within the meaning of the Greyhound Racing Act 2017.
(c) (Repealed)
(a) the owner of the animal,
(b) a person who has the animal in the person’s possession or custody, or under the person’s care, control or supervision,
(c) where a person referred to in paragraph (b) is bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal, that servant or agent, as the case may be, and
(d) where the animal, being a stock animal, is confined in a sale-yard—
(i) the owner of the sale-yard, or
(ii) where the sale-yard is the subject of a lease, the lessee of the sale-yard.
(a) in connection with greyhound racing, or
(b) by a greyhound racing industry participant.
(a) the Crimes Act 1900 of the Australian Capital Territory, section 63A,
(b) the Criminal Code Act 1983 of the Northern Territory, section 138,
(c) the Criminal Code Act 1899 of Queensland, Schedule 1, section 211 or 242,
(d) the Criminal Law Consolidation Act 1935 of South Australia, section 69,
(e) the Criminal Code Act 1924 of Tasmania, section 122,
(f) the Crimes Act 1958 of Victoria, section 54A,
(g) the Criminal Code Act Compilation Act 1913 of Western Australia, section 181.
(a) an employee of the dog premises,
(b) a volunteer at the dog premises,
(c) an owner or occupier of the dog premises,
(d) a family member of the owner or occupier.
(a) medical treatment of a prophylactic or therapeutic nature carried out upon the animal by, or in accordance with directions given in respect of the animal by, a veterinary practitioner, or
(b) surgical treatment of a prophylactic or therapeutic nature, or sterilisation, carried out upon the animal by a veterinary practitioner, or
(c) a veterinary diagnostic procedure carried out on the animal by a veterinary practitioner, or
(d) a veterinary consultation undertaken in respect of the animal by a veterinary practitioner.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
For the purposes of this Act, a reference to an act of cruelty committed upon an animal includes a reference to any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably—
(a) beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,
(b) over-loaded, over-worked, over-driven, over-ridden or over-used,
(c) exposed to excessive heat or excessive cold, or
(d) inflicted with pain.
For the purposes of subsection (2) (a), the pinioning of a bird is not an act of cruelty if it is carried out in the manner prescribed by the regulations.
For the purposes of this Act, a person commits an act of aggravated cruelty upon an animal if the person commits an act of cruelty upon the animal or (being the person in charge of the animal) contravenes section 5 (3) in a way which results in—
(a) the death, deformity or serious disablement of the animal, or
(b) the animal being so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive.
Notes included in this Act do not form part of this Act.
In this Act,
A reference to premises in subsection (1) includes a reference to the following—
(a) a vehicle,
(b) an aircraft,
(c) a vessel,
(d) a trailer or caravan, whether or not attached to another vehicle.
Anything referred to in subsection (2)(a)–(d) that is on or adjacent to dog premises is taken to be part of the dog premises.
Section 9 (1) of the Veterinary
Practice Act 2003 makes it an offence for a person to do a restricted act of veterinary science except in certain circumstances.
A person shall not commit an act of cruelty upon an animal.
A person in charge of an animal shall not authorise the commission of an act of cruelty upon the animal.
A person in charge of an animal shall not fail at any time—
(a) to exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal,
(b) where pain is being inflicted upon the animal, to take such reasonable steps as are necessary to alleviate the pain, or
(c) where it is necessary for the animal to be provided with veterinary treatment, whether or not over a period of time, to provide it with that treatment.
Maximum penalty—
(a) for a corporation—2,000 penalty units, or
(b) for an individual—400 penalty units or imprisonment for 1 year, or both.
A person shall not commit an act of aggravated cruelty upon an animal.
Maximum penalty—
(a) for a corporation—5,000 penalty units, or
(b) for an individual—1,000 penalty units or imprisonment for 2 years, or both.
In any proceedings for an offence against subsection (1), the court may—
(a) where it is not satisfied that the person accused of the offence is guilty of the offence, and
(b) where it is satisfied that that person is guilty of an offence against section 5 (1),
convict that person of an offence against section 5 (1).
A person shall not—
(a) carry or convey an animal, or
(b) where the person is a person in charge of an animal—authorise the carriage or conveyance of the animal,
in a manner which unreasonably, unnecessarily or unjustifiably inflicts pain upon the animal.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
Without limiting the generality of subsection (1), a person shall not—
(a) carry or convey a horse on a multi-deck vehicle, or
(b) where the person is a person in charge of the horse—authorise the carriage or conveyance of a horse on a multi-deck vehicle.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
Without limiting subsection (1), a person must not carry or convey a dog (other than a dog being used to work livestock), on the open back of a moving vehicle on a public street unless the dog is restrained or enclosed in such a way as to prevent the dog falling from the vehicle.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
In this section—
(a) is used to carry or convey animals, and
(b) on which animals are carried or conveyed in two or more layered sections.
A person in charge of an animal shall not fail to provide the animal with food, drink or shelter, or any of them, which, in each case, is proper and sufficient and which it is reasonably practicable in the circumstances for the person to provide.
Maximum penalty—
(a) for a corporation—750 penalty units, or
(b) for an individual—150 penalty units or imprisonment for 6 months, or both.
In any proceedings for an offence against subsection (1), evidence that an animal was not provided with clean water during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient drink during that period.
In any proceedings for an offence against subsection (1), evidence that an animal was not provided with food or shelter during a period of 24 hours (or, in the case of an animal of a class prescribed by the regulations, during the period prescribed for that class of animal) is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient food or shelter during that period.
Before commencing proceedings for an offence against subsection (1) in respect of a stock animal depastured on rateable land (within the meaning of the Local Land Services Act 2013), the prosecution must obtain advice from Local Land Services about the state of the animal (if practicable) and the appropriate care for it.
The prosecution may, with leave of the court granted in such circumstances as the court considers just, commence or continue proceedings for an offence against subsection (1), despite having failed to comply with subsection (4).
A person in charge of an animal which is confined shall not fail to provide the animal with adequate exercise.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
Subsection (1) does not apply to a person in charge of an animal if the animal is—
(a) a stock animal other than a horse, or
(b) an animal of a species which is usually kept in captivity by means of a cage.
In any proceedings for an offence against subsection (1), evidence that an animal referred to in that subsection was not released from confinement during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with adequate exercise during that period.
A person in charge of an animal (other than a stock animal) shall not confine the animal in a cage of which the height, length or breadth is insufficient to allow the animal a reasonable opportunity for adequate exercise.
Maximum penalty—250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
In any proceedings for an offence against subsection (3) in respect of an animal, the person accused of the offence is not guilty of the offence if the person satisfies the court that the person confined the animal—
(a) for the purpose of—
(i) carrying or conveying the animal, or
(ii) displaying the animal in a public exhibition or public competition,
in a manner that inflicted no unnecessary pain upon the animal, and
(b) for a period not exceeding 24 hours.
A person shall not—
(a) tether an animal, or
(b) where the person is a person in charge of an animal—authorise the tethering of the animal,
for an unreasonable length of time or by means of an unreasonably heavy, or unreasonably short, tether.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person must not tether a sow in a piggery.
Maximum penalty—250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person must not confine a bird by means of a tether.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
It is a defence to a prosecution for an offence against subsection (3) if the defendant satisfies the court that the bird to which the offence relates was a raptor and that the tether involved was a jess that was used solely to tether the bird to its handler.
A person shall not abandon an animal.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person shall not—
(a) dock the tail of a horse, bull, ox, bullock, steer, cow, heifer, calf or dog,
(b) crop the ears of a dog,
(c) operate upon a dog for the purpose of preventing the dog from being able to bark,
(d) remove one or more of the claws of a cat,
(e) grind, trim or clip one or more teeth of a sheep,
(f) perform a clitoridectomy on a greyhound, or
(g) fire or hot iron brand the face of an animal.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence—
(a) was docking the tail of a calf less than 6 months old when the offence was alleged to have been committed, or
(a1) (Repealed)
(b) was—
(i) docking the tail of a cow, heifer or female calf,
(ii) operating upon a dog for the purpose of preventing the dog from being able to bark,
(iii) removing one or more of the claws of a cat,
(iv) grinding, trimming or clipping one or more teeth of a sheep,
(v) performing a clitoridectomy on a greyhound, or
(vi) firing or hot iron branding the face of an animal,
by a veterinary practitioner,
and the procedure was performed in the prescribed circumstances and in accordance with any conditions specified in the regulations.
A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence was the docking of the tail of a dog, was performed by a veterinary practitioner and was in the interests of the dog’s welfare.
In this section—
A veterinary practitioner who carries out a procedure referred to in section 12 (1) shall, not later than 7 days after carrying out the procedure, enter the prescribed particulars of the procedure in a register kept in the prescribed form by the veterinary practitioner or the employer of the veterinary practitioner.
Maximum penalty—50 penalty units.
A register containing the prescribed particulars of a procedure shall be kept by—
(a) the veterinary practitioner or former veterinary practitioner who carried out the procedure, or
(b) if the veterinary practitioner who carried out the procedure did so in the course of employment by another person, by that employer or former employer,
for a period of not less than 2 years after the procedure is carried out.
Maximum penalty—50 penalty units.
A person shall, at the request of an officer, make available for inspection by the officer any register required to be kept by the person under this section.
Maximum penalty—50 penalty units.
Nothing in subsection (3) limits the powers of an officer under section 24G.
A person shall not—
(a) ride, drive, use, carry or convey an animal, or
(b) where the person is a person in charge of an animal—authorise the riding, driving, using, carrying or conveying of the animal,
if the animal is unfit for the purpose of its being so ridden, driven, used, carried or conveyed.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
The driver of a vehicle which strikes and injures an animal (other than a bird) shall not fail—
(a) where, in consequence of the injury, pain has been inflicted upon the animal—to take reasonable steps to alleviate the pain, and
(b) where that driver believes, or ought reasonably to believe, that the animal is a domestic animal—to inform, as soon as practicable, an officer or a person in charge of the animal that the animal has been injured.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
In this section,
(a) a substance included in the list, as in force for the time being, proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966 (or a substance that includes such a substance), or
(b) a substance containing glass or any other thing likely to kill or injure an animal.
A person shall not—
(a) administer a poison, or a substance containing a poison, to a domestic animal,
(b) with the intention of destroying or injuring a domestic animal, throw, cast, drop, leave or lay a poison, or a substance containing a poison, in any place, or
(c) have in his or her possession a poison with the intention of using it to kill or injure a domestic animal.
Maximum penalty—1,000 penalty units in the case of a corporation and 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.
In this section—
(a) auction or exchange,
(b) offer, expose, supply or receive for sale, and
(c) send, forward or deliver for sale or on sale.
A person shall not—
(a) use an electrical device upon an animal,
(b) sell any electrical device, or
(c) have in his or her possession or custody any electrical device.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
Nothing in subsection (2) prevents a person from—
(a) using an electrical device upon an animal belonging to a prescribed species, or
(b) selling or having in his or her possession or custody an electrical device for use upon an animal belonging to a prescribed species.
A person shall not have in his or her possession or custody—
(a) any spur, or any other similar appliance, which has sharpened rowels, or
(b) any article, implement or other thing made or adapted, or intended by the person to be used, for attachment to an animal for the purpose of—
(i) training the animal to fight another animal, or
(ii) increasing the ability of the animal to inflict injury on another animal during fighting.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person shall not—
(a) use any place, or manage or control any place which is used,
(b) authorise any place to be used, or
(c) receive money for the admission of another person to any place which is used,
for the purpose of conducting a bull-fight, baiting an animal or causing an animal to fight.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person must not—
(a) cause, procure, permit, encourage or incite a fight in which one or more animals are pitted against another animal or animals, whether of the same species or not, or
(b) advertise the intention to conduct such a fight, or
(c) promote, organise or attend such a fight.
Maximum penalty—250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
In any proceedings under subsection (2), evidence that the defendant was present at a place at which a fight of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the fight.
A person shall not advertise, promote or take part in a bull-fight.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person shall not advertise, promote or take part in a match, competition or other activity in which an animal is released from confinement for the purpose of that person, or any other person, shooting at it.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
In this section—
(a) animals are confined, and
(b) the taking or killing of those animals as a sport or recreation is permitted by virtue of the payment of an admission fee or the giving of other consideration.
A person shall not—
(a) use any premises, or manage or control any premises which are used,
(b) authorise any premises to be used, or
(c) receive money or any other consideration for the admission of another person to any premises which are used,
for the purposes of a game park.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person admitted to a game park by virtue of the payment of an admission fee or the giving of other consideration shall not take or kill any animal in the game park.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
Nothing in this section applies to—
(a) such animals, or
(b) the taking or killing of animals in such circumstances by such persons or in or on such premises,
as may be prescribed for the purposes of this section.
A person shall not advertise, promote or take part in a match, competition or other activity in which an animal is released from confinement for the purpose of that person, or any other person, chasing, catching or confining it.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person who—
(a) causes, procures, permits or encourages an activity in which an animal is released from confinement for the purpose of its being chased, caught or confined by a dog, or
(b) advertises the intention to conduct such an activity, or
(c) promotes, organises or attends such an activity, or
(d) uses an animal as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog, or
(e) keeps or is in charge of an animal for use as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog,
is guilty of an offence.
Maximum penalty—1,000 penalty units in the case of a corporation or 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.
In any proceedings under subsection (1), evidence in writing by a veterinary practitioner that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack.
In any proceedings under subsection (1) (c), evidence that the defendant was present at a place at which an activity of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the activity.
In any proceedings under subsection (1) (d), evidence that the defendant was in charge or in possession of an animal that appeared to have been used as a lure or kill in the manner referred to in that subsection is prima facie evidence that the defendant used the animal as a lure or kill in that manner.
In any proceedings under subsection (1) (e), evidence that the defendant was in charge of an animal of a species prescribed by the regulations at a place used for the trialing, training or racing of any coursing dog is prima facie evidence that the defendant kept or was in charge of an animal for use as a lure or kill for the purpose referred to in that subsection.
For the purposes of subsections (1) (d) and (2B),
It is a defence to any proceedings for an offence against subsection (1) if the defendant shows that the act constituting the alleged offence was done by the defendant in the course of, and for the purpose of—
(a) mustering stock, the working of stock in yards or any other animal husbandry activity, or
(b) sheep dog trials.
Section 23B(1)(b)(i), in its application to this section, includes hunting, shooting, snaring, trapping, catching or capturing an animal by using a dog, but only in a manner that inflicted no unnecessary pain on the animal.
A person who applies a thermal stimulus (such as hot wires) to the leg of an animal with the intention of causing tissue damage and the development of scar tissue around tendons and ligaments of the leg is guilty of an offence.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person who cuts the tail of a horse with the intention of causing the horse to carry the tail high is guilty of an offence.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person who organises or participates in a steeplechase or hurdle race is guilty of an offence.
Maximum penalty—250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
(Repealed)
Subject to subsection (2), a person shall not purchase, acquire, keep or sell, or offer or expose for sale, an animal which is so severely injured, so diseased or in such a condition that it is cruel to keep it alive.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
In any proceedings for an offence against subsection (1), the person accused of the offence is not guilty of the offence if the person satisfies the court that the person purchased, acquired, kept or sold, or offered or exposed for sale, the animal referred to in that subsection for the purpose of causing it to be promptly destroyed.
Where a person purchases or acquires an animal for the purpose of causing the animal to be promptly destroyed, the person shall cause it to be promptly destroyed in a manner that causes it to die quickly and without unnecessary pain.
Maximum penalty (subsection (3)): 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person shall not, in a prescribed part of New South Wales, set a trap of a prescribed type.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
A person must not—
(a) in any part of New South Wales, set a steel-jawed trap, or
(b) possess a steel-jawed trap with the intention of using it to trap an animal.
Maximum penalty—250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
In this section—
A person must not advertise a regulated dog or cat as being available for sale, to be given away, or to be transferred by any other means, unless the advertisement includes at least one of the following—
(a) the microchip identification number allocated to the microchip implanted in the animal—
(i) in connection with the identification of the animal for the purposes of section 8 of the Companion Animals Act 1998, or
(ii) in compliance with the greyhound racing rules,
(b) the breeder identification number of the person, that is, the number allocated to the person—
(i) under section 83M of the Companion Animals Act 1998, or
(ii) by any recognised breeders’ organisation (within the meaning of Part 9 of the Companion Animals Act 1998) of which the person is a member, or
(iii) at the time of registration under the greyhound racing rules of the animal from whose litter the greyhound being advertised was born,
(c) in the case where the dog or cat is being sold or given away by an organisation that is, at the time the advertisement is made, a rehoming organisation (within the meaning of the Companion Animals Act 1998)—the rehoming organisation number allocated to the organisation under section 83N of that Act.
Maximum penalty—50 penalty units.
In order to comply with the requirements of this section, a person who advertises a companion animal must either obtain a breeder identification number or a rehoming organisation number, or have the animal microchipped (in which case the advertisement may include the microchip number). In the case of a companion animal that has not been born yet, the owner must have a breeder identification number or a rehoming organisation number.
A person who, when advertising a regulated dog or cat for sale, or when doing something in relation to that advertising, gives a microchip identification number, breeder identification number or rehoming organisation number that the person knows, or ought reasonably to have known, is false is guilty of an offence.
Maximum penalty—50 penalty units.
A person is not liable to be convicted in respect of the same act or omission of both an offence under this section and an offence under section 52A (1) or 57A (1) of the Companion Animals Act 1998.
Sections 52A (1) and 57A (1) of the Companion Animals Act 1998 make it an offence to sell or advertise the sale of a dangerous, menacing or restricted dog or a dog that is proposed to be a dangerous, menacing or restricted dog.
In this section—
(a) made by Greyhound Racing New South Wales under the Greyhound Racing Act 2009 and in force before the repeal of that Act, or
(b) made by the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017.
(a) a dog or cat that is or will be required by the Companion Animals Act 1998 to be identified (including by being microchipped), including a dog or cat that has not been born or has not yet reached the age at which identification is required,
(b) a greyhound (whether or not it is registered in accordance with the greyhound racing rules), including a greyhound that has not been born,
(c) a dog or cat that is in the custody of a council (including a council pound),
(d) a dog or cat that is in the custody of the Animal Welfare League NSW,
(e) a dog or cat that is in the custody of The Cat Protection Society of NSW Inc,
(f) a dog or cat that is in the custody of the Royal Society for the Prevention of Cruelty to Animals; New South Wales.
In any proceedings for an offence against this Part or the regulations in respect of an animal, the person accused of the offence is not guilty of the offence if the person satisfies the court that the act or omission in respect of which the proceedings are being taken was done, authorised to be done or omitted to be done by that person—
(a) where, at the time when the offence is alleged to have been committed, the animal was—
(i) a stock animal—in the course of, and for the purpose of, ear-marking or ear-tagging the animal or branding, other than firing or hot iron branding of the face of, the animal,
(ii) a pig of less than 2 months of age or a stock animal of less than 6 months of age which belongs to a class of animals comprising cattle, sheep or goats—in the course of, and for the purpose of, castrating the animal,
(iii) a goat of less than 1 month of age or a stock animal of less than 12 months of age which belongs to the class of animal comprising cattle—in the course of, and for the purpose of, dehorning the animal,
(iv) a sheep of less than 6 months of age—in the course of, and for the purpose of, tailing the animal, or
(v) a sheep of less than 12 months of age—in the course of, and for the purpose of, performing the Mules operation upon the animal,
in a manner that inflicted no unnecessary pain upon the animal,
(b) in the course of, and for the purpose of—
(i) hunting, shooting, snaring, trapping, catching or capturing the animal, or
(ii) destroying the animal, or preparing the animal for destruction, for the purpose of producing food for human consumption,
in a manner that inflicted no unnecessary pain upon the animal,
(c) in the course of, and for the purpose of, destroying the animal, or preparing the animal for destruction—
(i) in accordance with the precepts of the Jewish religion or of any other religion prescribed for the purposes of this subparagraph, or
(ii) in compliance with any duty imposed upon that person by or under this or any other Act,
(d) (Repealed)
(e) in the course of, and for the purpose of—
(i) carrying out animal research, or
(ii) supplying animals for use in connection with animal research,
in accordance with the provisions of the Animal Research Act 1985, or
(f) for the purpose of feeding a predatory animal lawfully kept by the person if—
(i) the act concerned was the release of live prey for the predatory animal, and
(ii) the diet of the predatory animal included animals of the kind released, and
(iii) the person believed on reasonable grounds that the feeding of live prey to the predatory animal was necessary for the predatory animal’s survival because the predatory animal would not eat a dead animal or meat from a dead animal.
Subsection (1) (b) does not apply to a person accused of an offence against section 19A.
(Repealed)
In this part—
(a) that is a working dog, and
(b) that is ordinarily kept on land—
(i) in a part of the Western Division that is not within a local government area, or
(ii) categorised as farmland for the purposes of the Local Government Act 1993, Chapter 15, Part 3, and
(c) if the dog becomes pregnant—whose offspring born from the pregnancy are intended to be working dogs that will ordinarily be kept on—
(i) the land on which the offspring were born, or
(ii) land owned or occupied by the person in charge of the adult dog when the offspring were born.
An occupier of dog premises must not keep more than 20 female adult dogs on the premises.
Maximum penalty—
(a) for a corporation—5,000 penalty units, or
(b) for an individual—1,000 penalty units or imprisonment for 2 years, or both.
This section does not apply to the following—
(a) an approved charitable organisation to the extent the organisation is exercising the organisation’s functions under this Act,
(b) a rehoming organisation that has been allocated a RON, unless—
(i) the organisation has been allocated a BIN, or
(ii) the organisation is required to have a BIN allocated,
(c) premises used to temporarily keep or care for dogs if no dogs are bred on the premises,
(d) a government sector agency within the meaning of the Government Sector Employment Act 2013,
(e) a dog kept for the purposes of breeding an assistance animal within the meaning of the Companion Animals Act 1998, if the occupier of the dog premises is—
(i) a member of the International Guide Dog Federation, or
(ii) an accredited member of Assistance Dogs International,
(f) a dog that has been rendered permanently infertile.
In this section—
In this division—
(a) a dog kept for the purposes of breeding an assistance animal within the meaning of the Companion Animals Act 1998, if the occupier of the relevant dog premises is—
(i) a member of the International Guide Dog Federation, or
(ii) an accredited member of Assistance Dogs International,
(b) a dog that has been rendered permanently infertile.
(a) a staff member of a business operating on the dog premises, or
(b) a person involved in the management or control of a business on the dog premises.
A person (the
(a) the applicant is the occupier of the dog premises, and
(b) the applicant kept more than 20 female adult dogs on the dog premises on the determination date.
The application must—
(a) specify the dog premises to which the application relates, and
(b) specify the maximum number of female adult dogs that will be kept on the dog premises, and
(c) be made in the form approved by the Departmental Chief Executive, and
(d) be accompanied by the prescribed application fee, and
(e) include or be accompanied by the information or evidence the Departmental Chief Executive reasonably requires to assess the application.
The regulations may make provision in relation to an application under this section, including by prescribing—
(a) the information or evidence that must be included in or accompany an application, and
(b) the form of the application.
The Departmental Chief Executive must, if an applicant or a relevant person in relation to dog premises has been convicted of an animal cruelty offence—
(a) refuse to grant an exemption in relation to the dog premises, and
(b) give the applicant written notice of the refusal.
The Departmental Chief Executive may refuse to grant an exemption if the Departmental Chief Executive—
(a) suspects the application is false or misleading, and
(b) gives written notice to the applicant of the proposed refusal, and
(c) gives the applicant reasonable time to make submissions, and
(d) considers submissions made within the reasonable time, and
(e) reasonably concludes that the application was false or misleading.
The Departmental Chief Executive may grant an exemption to an applicant in relation to the dog premises specified in the application.
If the exemption is granted, the Departmental Chief Executive must give the applicant written notice of—
(a) the outcome of the application, and
(b) the maximum number of female adult dogs allowed on the dog premises, and
(c) the conditions to which the exemption is subject.
The maximum number of female adult dogs allowed on the dog premises is the number of female adult dogs—
(a) on the dog premises on the determination date, or
(b) otherwise—nominated by the Departmental Chief Executive.
An exemption for dog premises is subject to the following conditions—
(a) the exemption holder must not allow a person who the exemption holder, after having made reasonable inquiries, knows, or ought to have known, has been convicted of an animal cruelty offence to be a relevant person for the dog premises,
(b) if the exemption holder or a relevant person for the dog premises is convicted of an animal cruelty offence—the exemption holder must, within 28 days, give the Departmental Chief Executive written notice of the conviction,
(c) the exemption holder must permit an audit and inspection of the dog premises to be conducted—
(i) in accordance with the regulations, and
(ii) at least once every 2 years,
(d) the exemption holder must give the Departmental Chief Executive a report—
(i) in the way approved by the Departmental Chief Executive, and
(ii) by 31 January following the end of the reporting period for each year of the term of the exemption, and
(iii) that includes the matters prescribed by the regulations, and
(iv) that includes other matters required by the Departmental Chief Executive and published in the Gazette,
(e) the exemption holder must not keep more female adult dogs on the dog premises than the number specified in the notice under section 23P(2)(b),
(f) if the exemption holder keeps 50 or more female adult dogs on the dog premises—the exemption holder must ensure no more than 50 female adult dogs are kept on the dog premises on or after 1 December 2026,
(g) the exemption holder must comply with—
(i) a code of practice prescribed by the regulations, or
(ii) if the dog premises are under construction and no dogs are currently kept on the dog premises—the relevant provisions of a prescribed code of practice,
(h) other conditions the Departmental Chief Executive considers appropriate.
In this section—
An exemption granted under this division expires on 1 December 2035, unless cancelled before that date.
The Departmental Chief Executive must—
(a) cancel an exemption if—
(i) the Departmental Chief Executive becomes aware that the exemption holder has been convicted of an animal cruelty offence, or
(ii) the exemption holder requests the cancellation, and
(b) give written notice of the cancellation to the exemption holder.
The Departmental Chief Executive may cancel an exemption if the Departmental Chief Executive—
(a) believes the exemption holder has contravened a condition of the exemption, and
(b) gives written notice to the exemption holder of the proposed cancellation, and
(c) gives the exemption holder reasonable time to make submissions, and
(d) considers submissions made within the reasonable time, and
(e) reasonably concludes that the exemption should be cancelled.
If an exemption holder dies, the exemption expires.
The Departmental Chief Executive must cancel an exemption if the Departmental Chief Executive is satisfied that the exemption holder is a mentally incapacitated person who is unable to comply with the conditions of the exemption.
The legal personal representative of the exemption holder must give the Departmental Chief Executive written notice as soon as practicable after becoming aware of the following—
(a) the exemption holder’s death,
(b) that the exemption holder is a person referred to in subsection (2).
If an exemption for dog premises is cancelled or expires under this section, a person may make an application under this division for an exemption for the dog premises.
Despite being cancelled or expiring under this section, the exemption is taken to continue in force until—
(a) 28 days after notice is given by the legal personal representative under this section, or
(b) if an application is made for a new exemption for the dog premises before the end of the period in paragraph (a)—the application is determined.
This division is repealed on 2 December 2035.
This part does not apply to the breeding of dogs in accordance with an animal research authority under the Animal Research Act 1985.
Despite subsection (1), this part applies to a dog bred in accordance with an animal research authority if the dog is rehomed or otherwise transferred to an owner who does not hold an animal research authority.
The Minister must review this part to determine whether—
(a) the policy objectives of the part remain valid, and
(b) the terms of the part remain appropriate for securing the objectives.
The review must be undertaken as soon as possible after the period of 6 years from the date of assent to the Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024.
The Minister must table a report on the outcome of the review in each House of Parliament within 12 months after the end of the period of 6 years.
The Minister may, by written instrument, appoint the following persons as an officer (an
(a) an employee of an approved charitable organisation,
(b) a Public Service employee.
The Minister may, by written instrument, appoint an officer as an inspector for the purposes of Division 2.
An appointment of an appointed officer or appointed inspector may be—
(a) unconditional, or
(b) subject to conditions or limitations.
An appointment of an appointed officer or appointed inspector has effect—
(a) for the period stated in the instrument of appointment, or
(b) if a period is not stated—until revoked by the Minister.
The Minister may, by written instrument, revoke or amend an appointment at any time.
If an appointment of an appointed officer or appointed inspector is made by reference to a particular office, the person appointed ceases to be an appointed officer or appointed inspector if the person ceases to hold the office.
An appointed officer or appointed inspector may exercise the functions of an officer or inspector under this Act, subject to any conditions or limitations specified in the officer’s or inspector’s instrument of appointment.
Nothing in this Act authorises or requires an appointed officer or appointed inspector to act in contravention of the conditions or limitations specified in the officer’s or inspector’s instrument of appointment as an appointed officer or appointed inspector.
Each person appointed as an appointed officer or appointed inspector must be given evidence of the person’s authority as an appointed officer or appointed inspector.
In exercising functions under this Act or the regulations, an appointed officer or appointed inspector must, if asked by a person affected by the exercise of the function, produce to the person the officer’s or inspector’s evidence of authority under this Act.
The Minister may direct a person who ceases to be an appointed officer or appointed inspector to return to the Minister the evidence of the person’s authority as an appointed officer or appointed inspector.
A person who fails to comply with a direction under subsection (3) is guilty of an offence.
Maximum penalty for subsection (4)—25 penalty units.
An officer who finds a person—
(a) who is committing an offence against this Act or the regulations, or
(b) whom the officer suspects, on reasonable grounds, of having committed or attempted to commit such an offence, or
(c) who is in charge of a vehicle or vessel that the officer suspects, on reasonable grounds, to have been instrumental in the commission of an offence against this Act or the regulations,
may require that person to inform the officer immediately of that person’s full name and home address.
A person must not fail to comply with a requirement made by an officer under subsection (1).
Maximum penalty—25 penalty units.
A person is not guilty of an offence under this section unless the officer—
(a) warned the person that failure to comply with the requirement is an offence, and
(b) identified himself or herself to the person as an officer.
An officer may request a person who is required to give information under subsection (1) to provide proof of that information.
If the driver of a motor vehicle is alleged to have committed an offence against this Act or the regulations in the course of driving the vehicle—
(a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an officer, immediately give information (which must, if so required, be given in the form of a written statement signed by that person) as to the name and home address of the driver, and
(b) any other person must, if required to do so by an officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver.
Maximum penalty—20 penalty units.
It is a defence to a prosecution for an offence under subsection (1) (a) if the defendant proves to the satisfaction of the court that he or she did not know and could not with reasonable diligence have ascertained the driver’s name and home address.
A written statement—
(a) purporting to be given under subsection (1) (a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence against this Act or the regulations, and
(b) produced in any court in proceedings against the person named in the statement as the driver for such an offence,
is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.
Expressions used in this section (other than
An officer is required, in relation to the exercise of a power conferred on the officer by this Part, to provide the person who is subject to the exercise of the power with the following—
(a) evidence that the officer is an officer,
(b) the name of the officer,
(c) the reason for the exercise of the power,
(d) a warning that failure or refusal to comply with a request of the officer, in the exercise of the power, may be an offence.
An officer is to take the action required by subsection (1) before or at the time of exercising the power concerned or, if to take the action at that time is not reasonably practicable, as soon as is reasonably practicable after exercising the power.
If 2 or more officers are exercising a power to enter land, only one officer present is required to comply with this section.
However, if a person asks another officer present for information as to the name of the officer, the officer must give to the person the information requested.
The powers of an officer or inspector under this Part may be exercised in relation to an offence, or suspected offence, against section 9 (1) of the Veterinary Practice Act 2003.
An officer may seize an animal kept—
(a) in contravention of an order made under section 30B or 31(1), or
(b) in contravention of an interstate prohibition order, within the meaning of section 31AA, or
(c) by a person convicted of an offence against the Crimes Act 1900, section 79, 80, 530 or 531, or
(d) by a person convicted of a serious interstate animal offence.
An officer may also seize an animal if the officer suspects, on reasonable grounds, that the animal is being bred, or is the offspring of an animal being bred—
(a) by a person convicted of an animal cruelty offence, or
(b) in the operation of a business relating to breeding animals that is managed or controlled by a person convicted of an animal cruelty offence.
Subsection (2) does not permit an officer to seize a stock animal or a working dog being bred for commercial purposes or the offspring of a stock animal or a working dog being bred for commercial purposes.
Subsection (2)(a) and (b) apply only in relation to a person convicted of an animal cruelty offence on or after the commencement of this section.
An officer may do one or more of the following—
(a) keep an animal seized under subsection (1) or (2),
(b) provide the animal with necessary food, drink, shelter and veterinary treatment,
(c) dispose of the animal after 5 business days after seizing the animal.
Despite subsection (5), the officer may dispose of the animal within 5 business days after seizing the animal but only if—
(a) the animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep the animal alive, and
(b) the officer disposes of the animal by providing euthanasia, or arranging for euthanasia to be provided, to the animal in a way that causes the animal to die quickly and without unnecessary pain.
If the officer disposes of the animal by selling the animal—
(a) the purchaser acquires a good title to the animal, and
(b) former interests in the animal are extinguished.
Compensation is not recoverable against a person or charitable organisation in relation to the exercise of a power in accordance with this section.
If a person specified in the table to this subsection, Column 1 incurs reasonable expenses in exercising a power in accordance with this section, or in complying with related duties imposed by this Act or the regulations, a person or body specified opposite in Column 2 may recover the expenses as a debt in a court of competent jurisdiction from—
(a) for an animal seized under subsection (1)(a) or (b)—the person subject to the order, or
(b) for an animal seized under subsection (1)(c) or (d) or (2)—the person convicted of the offence.
Column 1 | Column 2 |
An officer other than an employee of an approved charitable organisation |
|
An officer who is an employee of an approved charitable organisation |
|
In this section—
In this Division—
(a) an officer appointed as an inspector under section 24AA(2), or
(b) a police officer, or
(c) an inspector within the meaning of the Greyhound Racing Act 2017.
(Repealed)
An inspector may not exercise powers under this Division in relation to animal research carried out in accordance with the Animal Research Act 1985 on designated land within the meaning of that Act unless the inspector is also an inspector within the meaning of that Act.
An inspector may enter land for the purpose of exercising any function under this Division.
Despite subsection (1), an inspector may exercise a power under this Division to enter a dwelling only with the consent of the occupier of the dwelling, the authority of a search warrant or if the inspector believes on reasonable grounds that—
(a) an animal has suffered significant physical injury, is in imminent danger of suffering significant physical injury or has a life threatening condition that requires immediate veterinary treatment, and
(b) it is necessary to exercise the power to prevent further physical injury or to prevent significant physical injury to the animal or to ensure that it is provided with veterinary treatment.
In this section—
An inspector may apply to an authorised officer for a search warrant if the inspector has reasonable grounds for believing that there is, in or on any land—
(a) an animal in respect of which an offence against this Act or the regulations is being or has been committed or is about to be committed, or
(b) evidence of an offence against this Act or the regulations that has been committed.
An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant, together with any person so named—
(a) to enter and search the land, and
(b) to exercise any functions of an inspector under this Division in or on the land.
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
This section applies to the following land—
(a) land used for the purpose of a sale-yard or an animal trade,
(b) land in or on which an animal is being used, or kept for use, in connection with any other trade, or any business or profession (including a place used by a veterinary practitioner for the purpose of carrying on his or her profession),
(c) land in or on which a greyhound that is registered or required to be registered under the Greyhound Racing Act 2017 is being kept, trialled, trained or raced.
For the purposes of ensuring that the provisions of this Act or the regulations are not being contravened, an inspector may, in relation to land to which this section applies, do any or all of the following—
(a) inspect and examine the land, any animal that is in or on the land and any accommodation or shelter that is provided in or on the land for any animal,
(a1) take such photographs, films, audio, video and other recordings as the inspector considers necessary,
(a2) inspect any advertisement, or means of publishing or broadcasting an advertisement, that is on the land,
(b) inspect and examine any register that is kept under this Act or the regulations and that is in or on the land,
(c) require any person found in or on the land to produce any such register,
(d) take copies of, or extracts or notes from, any such register.
A person must not fail to comply with a requirement made by an inspector under subsection (2) (c).
Maximum penalty (subsection (3)): 25 penalty units.
If a police officer suspects on reasonable grounds that a vehicle or vessel contains an animal in respect of which an offence against section 5, 6, 7 or 8 has been or is being committed and that the animal is in distress the police officer may—
(a) stop the vehicle or vessel, and
(b) enter the vehicle or vessel, and
(c) enter any land for the purpose of entering the vehicle or vessel, and
(d) examine the animal.
For the purpose of entering the vehicle or vessel or examining the animal concerned, the police officer may direct the person operating the vehicle or vessel to do any or all of the following—
(a) to manoeuvre the vehicle or vessel in a specified manner or to a specified place (including a place that is appropriate for examining the animal concerned),
(b) to park or secure the vehicle or vessel in a specified manner,
(c) to remain in control of the vehicle or vessel while the police officer is exercising his or her functions.
A person must not fail to comply with a direction given to the person under this section.
Maximum penalty—25 penalty units.
A direction under this section to stop a vehicle or vessel must be made in a manner prescribed by the regulations by a police officer who is identified in a manner so prescribed.
For the purposes of subsection (1), an animal is in distress if it is suffering from exposure to the elements, debility, exhaustion or significant physical injury.
An inspector may examine an animal if the inspector suspects, on reasonable grounds, that—
(a) an offence against this Act or the regulations is being, has been or is about to be committed in respect of the animal, or
(b) the animal has not been provided with proper and sufficient food or drink during the previous 24 hours (or, in the case of the provision of food to an animal of a class prescribed by the regulations, during the period prescribed for that class of animal) and is still not being provided with that food or drink, or
(c) the animal is so severely injured, so diseased or in such a physical condition that it is necessary that the animal be provided with veterinary treatment and the animal is not being provided with that treatment, or
(d) the animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive, and the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal.
If, after examining an animal in accordance with this Division, an inspector suspects, on reasonable grounds, that the animal is in distress (as referred to in section 24H (5)) or any of the circumstances referred to in section 24I exist in relation to the animal, the inspector may do any or all of the following—
(a) take possession of the animal (or, if the animal is dead, the animal’s carcass),
(b) if appropriate, remove the animal (or carcass) to such place as the inspector thinks fit,
(c) retain possession of the animal (or carcass),
(d) provide the animal with necessary food, drink or veterinary treatment,
(e) destroy the animal in a manner that causes it to die quickly and without unnecessary pain.
An animal (or carcass) to which section 24I (a) applies may be retained by an inspector for a period not exceeding 60 days or where, within that 60-day period proceedings are commenced in respect of the offence concerned, until the proceedings are finally determined (unless the court otherwise directs).
Despite subsection (2), an animal retained under this section that is in distress or to which section 24I (b), (c) or (d) applies may be retained for such period of time as is sufficient for the animal to be provided with necessary food, drink or veterinary treatment, or to be destroyed in a manner that causes it to die quickly and without unnecessary pain, as the case requires.
The reasonable expenses incurred by—
(a) an inspector who is a police officer or another person on behalf of the NSW Police Force, or
(b) an inspector who is an officer of a charitable organisation or another person on behalf of the organisation, or
(c) an inspector who is a Public Service employee (within the meaning of the Government Sector Employment Act 2013) or another person on behalf of the Crown,
in the exercise of the powers conferred by this section in respect of an animal, or in complying with the related duties imposed by this Act or the regulations, may be recovered from the owner of the animal as a debt in a court of competent jurisdiction by the inspector or any other person acting on behalf of the NSW Police Force, a charitable organisation or the Crown.
An inspector may examine an advertisement, or any means of publishing or broadcasting an advertisement, if the inspector suspects, on reasonable grounds, that an offence against section 23A is being, has been or is about to be committed in respect of the advertisement or other thing.
An inspector who is lawfully on any land investigating a suspected commission of an offence against this Act or the regulations may seize any thing that will afford evidence of the commission of the offence.
An inspector who seizes a thing under this section must provide the occupier of the land with a receipt acknowledging the seizure of the thing if the occupier is present and it is reasonably practical to do so.
If an inspector seizes a thing under this section, it may be retained by the inspector until the completion of any proceedings (including proceedings on appeal) in which it may be tendered in evidence.
However, an inspector may retain seized documents under subsection (3) only if the person from whom the documents were seized is provided, within a reasonable time after the seizure, with a copy of the documents certified by an inspector to be a true copy.
Subsection (3) ceases to have effect in relation to any thing seized if, on the application of the person aggrieved by the seizure, the court in which the proceedings referred to in that subsection are instituted orders the inspector to return the thing seized.
An inspector who enters land under this Division must not remain on the land any longer than is reasonably necessary to achieve the purpose for which the land was entered.
A police officer who detains a vehicle or vessel under this Division must not detain the vehicle or vessel any longer than is reasonably necessary to achieve the purpose for which it is detained.
An inspector may exercise a power conferred by this Division—
(a) in a place other than residential premises—in the company and with the aid of such assistants as the inspector considers necessary, or
(b) in residential premises—in the company and with the aid of such assistants, being persons of a class prescribed by the regulations, as the inspector considers necessary.
If an inspector is satisfied on reasonable grounds that a person is contravening a provision of this Act or the regulations in relation to an animal, the inspector may give the person a notice in writing requiring the person to take such specified action in relation to the animal as the inspector considers necessary to avoid any further contravention.
A person who, without reasonable excuse, fails to comply with a notice is guilty of an offence.
Maximum penalty—25 penalty units.
A person cannot be convicted for both an offence against this section and another offence under this Act or the regulations in respect of the same act or omission.
An inspector may require a person whom the inspector suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for the purposes of—
(a) exercising the powers of an inspector under this Division, or
(b) determining whether there has been a contravention of this Act or the regulations,
to answer questions or produce documents in relation to those matters.
A person must not, without reasonable excuse, refuse or fail to comply with a requirement made of the person under this section.
Maximum penalty—25 penalty units.
A person must not furnish any information or do any other thing in purported compliance with a requirement made under this section knowing that it is false or misleading in a material respect.
Maximum penalty—25 penalty units.
This Part applies only in relation to a stock animal depastured on rateable land (within the meaning of the Local Land Services Act 2013).
In this Part, a reference to an animal is taken to be a reference only to a stock animal referred to in subsection (1).
For the purposes of this Part, an animal is in distress if it is suffering from exposure to the elements, debility, exhaustion or significant physical injury.
In this Part—
A relevant agency may collect, use or disclose information if it is reasonably necessary for the purposes of administering or enforcing the Companion Animals Act 1998, Part 9.
Without limiting subsection (1), a relevant agency may disclose information collected under subsection (1) to another relevant agency—
(a) for the purposes of issuing a direction, notice or order under this Act or the regulations, or
(b) for the purposes of exercising compliance and enforcement functions under this Act or the regulations, or
(c) for the purposes of conducting legal proceedings under this Act or the regulations, or
(d) if, in the relevant agency’s opinion, it is appropriate to give the information to the other relevant agency in relation to a significant risk to safety.
In this section—
(a) a government sector agency, within the meaning of the Government Sector Employment Act 2013,
(b) an approved charitable organisation,
(c) a person exercising functions under this Act or the regulations in relation to enforcement, compliance or administration of this Act or the regulations,
(d) another entity prescribed by the regulations for this definition.
The Minister may delegate the exercise of a function of the Minister under this Act, other than this power of delegation, to—
(a) a person employed in the Department, or
(b) a person, or class of persons, authorised for this section by the regulations.
A person to whom the exercise of a function is delegated under subsection (1) may subdelegate the exercise of the function, other than this power of subdelegation, to—
(a) a person employed in the Department, or
(b) a person, or class of persons, authorised for this section by the regulations.
The Secretary may delegate the exercise of a function of the Secretary under this Act, other than this power of delegation, to—
(a) a person employed in the Department, or
(b) a person prescribed by the regulations.
The Departmental Chief Executive may delegate the exercise of a function of the Departmental Chief Executive under this Act, other than this power of delegation, to—
(a) another person employed in the Office of Local Government, or
(b) a person prescribed by the regulations.
In this section—
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the conditions under which any animal or species of animal may be—
(i) confined,
(ii) carried or conveyed,
(iii) kept or used in connection with a circus, or
(iv) kept or used in connection with the production of films, television programmes or film, television or photographic advertisements or theatrical performances,
(b) the accommodation or shelter to be provided for any animal or species of animal,
(c) the manner in which, and the conditions under which, any animal or species of animal may be destroyed,
(d) the licensing, prohibition, regulation and control of animal trades,
(e) the fees to be paid in connection with the issue of a licence under this Act,
(f) the keeping of records or log books by persons who carry or convey animals, and
(g) the keeping of registers by veterinary practitioners and persons carrying on animal trades.
A provision of a regulation may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind,
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or
(d) exempt any person, or any specified class of persons, either absolutely or subject to conditions, from the operation of any specified provision of this Act,
or may do any combination of those things.
A regulation may create an offence punishable by a penalty not exceeding the relevant maximum amount, being—
(a) in the case of an offence relating to animal trades or the confinement or use of laying fowl (domesticated chickens) for commercial egg production—200 penalty units for an offence committed by a corporation and 50 penalty units for an offence committed by an individual, or
(b) in any other case—25 penalty units.
A regulation made under subsection (1) (d) may—
(a) with respect to the licensing of an animal trade, provide for the issue of a licence subject to such conditions as the regulation may impose, or
(b) with respect to the regulation or control of an animal trade, provide that a person shall not conduct an animal trade unless the person is the holder of a licence issued in respect of the animal trade.
Without limiting the generality of subsection (1), a regulation made for the purposes of section 23 may—
(a) prescribe, as a part of New South Wales, the whole of New South Wales except such part thereof as may be specified in the regulation, and
(b) prescribe a type of trap—
(i) by words,
(ii) by reference to a photographic representation which is depicted in, and forms part of, the regulation, or
(iii) by reference to a diagram which is depicted in, and forms part of, the regulation,
or by any combination of those methods.
This Act binds the Crown in right of New South Wales and, so far as the legislative power of Parliament permits, the Crown in all its other capacities, except as provided in subsection (2).
This Act does not apply—
(a) to the use and handling of police dogs and police horses by police officers, or drug detection dogs by persons employed in Corrective Services NSW, Department of Justice, in the course of their duties, or
(b) to other cases prescribed by the regulations.
Each Act specified in Column 1 of Schedule 1 is, to the extent specified opposite that Act in Column 2 of that Schedule, repealed.
Schedule 2 has effect.
(Section 36 (1))
Column 1 | Column 2 | |
Year and number of Act | Short title of Act | Extent of repeal |
1901, No 64 | Prevention of Cruelty to Animals Act 1901. | The whole Act. |
1928, No 54 | Prevention of Cruelty to Animals (Amendment) Act 1928. | The whole Act. |
1937, No 35 | Statute Law Revision Act 1937. | So much of the Second Schedule as amended Act No 64, 1901. |
1943, No 44 | Prevention of Cruelty to Animals (Amendment) Act 1943. | Sections 1 (2) and (3) and 2 (1) and (3). |
1951, No 17 | Prevention of Cruelty to Animals (Amendment) Act 1951. | The whole Act. |
1952, No 1 | Prevention of Cruelty to Animals (Amendment) Act 1952. | The whole Act. |
1953, No 35 | Prevention of Cruelty to Animals (Amendment) Act 1953. | Sections 1 (2) and (3) and 2. |
1967, No 91 | Prevention of Cruelty to Animals (Amendment) Act 1967. | Sections 1 (2), 2, 3, 4 and 5 (2). |
1973, No 45 | Prevention of Cruelty to Animals (Amendment) Act 1973. | The whole Act. |
1977, No 19 | Notice of Action and Other Privileges Abolition Act 1977. | So much of Schedule 1 as amended Act No 64, 1901. |
(Section 36 (2))
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• Prevention of Cruelty to Animals Amendment Act 1997
• Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004
• Prevention of Cruelty to Animals Amendment Act 2005
• Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007
• Prevention of Cruelty to Animals Amendment Act 2009
• any other Act that amends this Act
A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part,
(Repealed)
On and from the commencement day, a reference in any other Act to the Prevention of Cruelty to Animals Act 1901 shall be read and construed as a reference to the Prevention of Cruelty to Animals Act 1979.
A charitable organisation (including the Royal Society for the Prevention of Cruelty to Animals, New South Wales and the Animal Welfare League) whose officers were authorised under this Act immediately before the commencement of section 34B is taken to be an approved charitable organisation for a period of 3 months after that commencement.
Nothing in this clause prevents—
(a) a charitable organisation from applying to the Minister for approval under section 34B at any time after its commencement, or
(b) the Minister from making an order under section 34B (2) in relation to a charitable organisation referred to in subclause (1) at any time.
A charitable organisation that is approved, or taken to be approved, under section 34B is not required, despite that section, to provide the Minister with a report of the exercise by its officers of law enforcement powers under this Act for the period ended 30 June 1997.
An officer who, immediately before the repeal of section 25, 26 or 26A, was the holder of a prescribed authority issued for the purposes of that section is taken on and from that repeal to have been issued with an authority by the Minister as referred to in the definition of
The repeal of section 24 (1) (d) does not affect any proceedings for an offence committed before the repeal.
Section 34 (4) applies to offences whether committed before, on or after the commencement of that subsection.
Section 34AA does not apply to offences committed before the commencement of that section.
A person who was an officer within the meaning of paragraph (b) of the definition of
A person who held office as a member of a Stock Welfare Panel under section 24T (1) (c) as in force immediately before it was amended by the Local Land Services Act 2013 is taken to have been appointed under section 24T (1) (c) as amended by that Act.
In this Part—
Section 30A, as substituted by the amending Act, extends to proceedings commenced, but not finally determined, before the substitution of that section.
Section 31 (1) (c), as inserted by the amending Act, extends to proceedings commenced, but not finally determined, before the commencement of that paragraph.
In this Part—
Sections 29, 30, 30A, 31 and 33, as amended by the amending Act, extend to permit the orders referred to in those sections to be made even if the relevant proceedings commenced before the commencement of the amending Act.
Section 30B, as inserted by the amending Act, extends to proceedings commenced, but not finally determined, before the commencement of the amending Act.
A person who, immediately before the commencement of the amendment Act, Schedule 1[3], held office as an officer under section 4(1), definition of
A person who, immediately before the commencement of the amendment Act, Schedule 1[3], held office as an inspector under section 24D(1), definition of
In this clause—
A person does not breach section 23D if the number of female adult dogs kept on the dog premises is no more than the number of female adult dogs that were kept on the dog premises immediately before the commencement of the section.
This clause applies to female adult dogs to which section 23D applies.
This clause is repealed on 1 December 2025.
Prevention of Cruelty to Animals Act 1979 No 200. Assented to 21.12.1979. Date of commencement, 9.6.1981, sec 2 (2) and GG No 77 of 5.6.1981, p 2983. This Act has been amended as follows—
No 153 | Statute Law (Miscellaneous Amendments) Act 1984. Assented to 10.12.1984. | |
No 38 | Miscellaneous Acts (Search Warrants) Amendment Act 1985. Assented to 26.4.1985. Date of commencement of Sch 1 (except as provided in sec 2 (3)), 28.2.1986, sec 2 (2) and GG No 29 of 14.2.1986, p 654. | |
No 79 | Prevention of Cruelty to Animals (Amendment) Act 1985. Assented to 27.5.1985. | |
No 124 | Miscellaneous Acts (Animal Research) Amendment Act 1985. Assented to 25.11.1985. Date of commencement of Sch 1, 1.1.1991, sec 2 (2) and GG No 82 of 29.6.1990, p 5380. | |
No 130 | Prevention of Cruelty to Animals (Further Amendment) Act 1985. Assented to 25.11.1985. | |
No 56 | Prevention of Cruelty to Animals (Prescribed Defences) Amendment Act 1986. Assented to 15.5.1986. | |
No 160 | Prevention of Cruelty to Animals (Amendment) Act 1987. Assented to 18.11.1987. Date of commencement, 18.12.1987, sec 2 (2) and GG No 193 of 18.12.1987, p 6942. | |
No 20 | Statute Law (Miscellaneous Provisions) Act 1988. Assented to 28.6.1988. Date of commencement of Sch 15, assent, sec 2 (1). | |
No 92 | Statute Law (Miscellaneous Provisions) Act (No 2) 1988. Assented to 19.12.1988. Date of commencement of Sch 17, 1.9.1989, sec 2 (3) and GG No 92 of 1.9.1989, p 6366. | |
No 46 | Statute Law (Miscellaneous Provisions) Act 1990. Assented to 22.6.1990. Date of commencement of the provision of Sch 1 relating to the Prevention of Cruelty to Animals Act 1979, assent, sec 2. | |
No 69 | Charitable Fundraising Act 1991. Assented to 17.12.1991. Date of commencement, 1.9.1993, sec 2 and GG No 91 of 20.8.1993, p 4619. | |
No 92 | Search Warrants (Amendment) Act 1991. Assented to 17.12.1991. Date of commencement, 20.9.1992, sec 2 and GG No 116 of 18.9.1992, p 6837. | |
No 112 | Statute Law (Penalties) Act 1992. Assented to 8.12.1992. Date of commencement, assent, sec 2. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date of commencement of the provisions of Sch 1 relating to the Prevention of Cruelty to Animals Act 1979, assent, Sch 1. | |
No 121 | Statute Law (Miscellaneous Provisions) Act (No 2) 1996. Assented to 3.12.1996. Date of commencement of Sch 3, 3 months after assent, sec 2 (3). | |
No 25 | Animal Research Amendment Act 1997. Assented to 25.6.1997. Date of commencement of Sch 2, 12.7.1999, sec 2 and GG No 79 of 9.7.1999, p 4813. | |
No 83 | Prevention of Cruelty to Animals Amendment Act 1997. Assented to 10.7.1997. Date of commencement (except Sch 1 [5], so much of Sch 1 [12] as would insert sec 8 (3), Sch 1 [29] [30], so much of Sch 1 [35] as would insert sec 21C, Sch 1 [46]–[49] and so much of Sch 1 [64] as would insert sec 34A), 1.2.1998, sec 2 and GG No 7 of 16.1.1998, p 281; date of commencement of Sch 1 [5], so much of Sch 1 [12] as would insert sec 8 (3), Sch 1 [29] [30], so much of Sch 1 [35] as would insert sec 21C, Sch 1 [46]–[49] and so much of Sch 1 [64] as would insert sec 34A, 21.7.2000, sec 2 and GG No 93 of 21.7.2000, p 6458. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 2.28, assent, sec 2 (2). | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. Amended by Prevention of Cruelty to Animals Amendment Act 2005 No 50. Assented to 27.6.2005. Date of commencement of Sch 2.2, 25.11.2005, sec 2 (2) and GG No 142 of 25.11.2005, p 9654. | |
No 54 | Prevention of Cruelty to Animals Amendment (Penalties) Act 2003. Assented to 23.10.2003. Date of commencement, assent, sec 2. | |
No 87 | Veterinary Practice Act 2003. Assented to 5.12.2003. Date of commencement of Sch 3.20, 1.9.2006, sec 2 (1) and GG No 111 of 1.9.2006, p 7064. The amendment made by Sch 3.20 [2] (to the extent that it amended sec 25 (1) (a) (ii)) was without effect as the provision amended was repealed by the Prevention of Cruelty to Animals Amendment Act 2005. | |
No 24 | Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004. Assented to 16.4.2004. Date of commencement, 1.6.2004, sec 2 and GG No 91 of 28.5.2004, p 3222. | |
No 50 | Prevention of Cruelty to Animals Amendment Act 2005. Assented to 27.6.2005. Date of commencement of Sch 1 [1]–[6] [8]–[13] [18] [19] [21] and [24]–[28], assent, sec 2 (1); date of commencement of Schs 1 [7] [14]–[17] [20] [22] and [23], 25.11.2005, sec 2 (2) and GG No 142 of 25.11.2005, p 9654; date of commencement of Sch 2.3 [1], 1.9.2006, sec 2 (3) and GG No 111 of 1.9.2006, p 7064; date of commencement of Sch 2.3 [2], 1.9.2006, sec 2 (4) and GG No 111 of 1.9.2006, p 7064. |
No 101 | Companion Animals Amendment Act 2005. Assented to 28.11.2005. Date of commencement of sec 4, 13.1.2006, sec 2 and GG No 7 of 13.1.2006, p 73. | |
No 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.27, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 2006. Assented to 4.12.2006. Date of commencement of Sch 2, assent, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.43, assent, sec 2 (2). | |
No 81 | Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007. Assented to 7.12.2007. Date of commencement, 1.1.2008, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.79, 2 and 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 112 | Rural Lands Protection Amendment Act 2008. Assented to 10.12.2008. Date of commencement of Sch 6.24, 1.1.2009, sec 2 (1). | |
No 78 | Animal Welfare Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement, assent, sec 2. | |
No 88 | Prevention of Cruelty to Animals Amendment Act 2009. Assented to 19.11.2009. Date of commencement, assent, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.76, 9.7.2010, sec 2 (2). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 2.25, 6.1.2012, sec 2 (1). | |
No 69 | Prevention of Cruelty to Animals Amendment Act 2012. Assented to 24.9.2012. Date of commencement, assent, sec 2. | |
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 56 | Police Legislation Amendment (Special Constables) Act 2013. Assented to 23.8.2013. Date of commencement, 1.12.2014, sec 2 and 2014 (750) LW 28.11.2014. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.20, 8.7.2015, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 13 | Greyhound Racing Act 2017. Assented to 11.4.2017. Date of commencement of Sch 6.2 [1] [4] and [5], 1.7.2018, sec 2 (1) and 2018 (304) LW 29.6.2018; date of commencement of Sch 6.2 [2] [3] and [6], 3.7.2017, sec 2 (1) and 2017 (295) LW 30.6.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
No 27 | Companion Animals and Other Legislation Amendment Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2 [1] [2] and [4]–[7], 1.7.2019, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Sch 2 [3] and [8]–[11], 1.7.2018, sec 2 and 2018 (301) LW 29.6.2018. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.33, 11.12.2020, sec 2(3); date of commencement of Sch 3, assent, sec 2(1). | |
No 15 | Prevention of Cruelty to Animals Amendment Act 2021. Assented to 17.6.2021. Date of commencement, assent, sec 2. | |
No 69 | Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Act 2022. Assented to 25.11.2022. Date of commencement of Sch 1[1]–[5] [8] and [9], 1.1.2023, sec 2(b); date of commencement of Sch 1[6] and [7], 1.7.2023, sec 2(a). | |
No 51 | Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024. Assented to 15.8.2024. Date of commencement, assent, sec 2. | |
No 85 | Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024. Assented to 21.11.2024. Date of commencement of Sch 1[1] [3]–[6] [11]–[13] [14], except to the extent it inserts secs 23E–23I and Div 3, [18] and [20]–[22], assent, sec 2(c); Sch 1[2] [7]–[12] [14], to the extent it inserts secs 23E–23I and Div 3, [15]–[17] [19] and [23]: not in force. |
This Act has also been amended pursuant to an order under secs 9A and 9B of the Reprints Act 1972 No 48. Order dated 13.11.1985 and published in GG No 155 of 15.11.1985, p 6008.
No reference is made to certain amendments made by Schedule 3 (amendments replacing gender-specific language) to the Statute Law (Miscellaneous Provisions) Act (No 2) 1996.
Long title | Am 2018 No 27, Sch 2 [1]. |
Sec 3 | Rep GG No 155 of 15.11.1985, p 6008. Ins 1997 No 83, Sch 1 [1]. Am 2018 No 27, Sch 2 [2]. |
Sec 4 | Am 1985 No 79, Sch 1 (1); 1985 No 124, Sch 1 (1); GG No 155 of 15.11.1985, p 6008; 1987 No 160, Sch 1 (1); 1988 No 20, Sch 15 (1); 1991 No 69, Sch 1; 1997 No 83, Sch 1 [2]–[5]; 2003 No 87, Sch 3.20 [1]–[3]; 2005 No 50, Sch 1 [1]–[4]; 2007 No 94, Sch 2; 2010 No 59, Sch 2.76 [1] [2]; 2011 No 62, Sch 2.25; 2012 No 69, Sch 1 [1]; 2013 No 56, Sch 3.5 [1]; 2015 No 15, Sch 1.20 [2]; 2015 No 58, Sch 3.72 [1] [2]; 2017 No 13, Sch 6.2 [1]; 2018 No 27, Sch 2 [3]; 2020 No 30, Sch 3.32; 2021 No 15, Sch 1[1] [2]; 2022 No 69, Sch 1[1] [2]; 2024 No 51, Sch 1[1] [2]; 2024 No 85, Sch 1[1] [3] [4]. |
Sec 4A | Ins 2024 No 85, Sch 1[5]. |
Part 2, note | Ins 2003 No 87, Sch 3.20 [4]. |
Sec 5 | Subst 1987 No 160, Sch 1 (2). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]; 2021 No 15, Sch 1[3]. |
Sec 6 | Am 1987 No 160, Sch 2 (1); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [7]; 2003 No 54, Sch 1 [1]; 2007 No 94, Sch 1.79 [1]; 2021 No 15, Sch 1[4]. |
Sec 7 | Am 1987 No 160, Sch 1 (3); 1988 No 92, Sch 17 (1); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [8]. |
Sec 8 | Am 1987 No 160, Sch 1 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [9]–[12]; 2001 No 112, Sch 2.28; 2008 No 112, Sch 6.24; 2010 No 59, Sch 2.76 [3]; 2013 No 51, Sch 7.40 [1]; 2020 No 30, Sch 1.33[1]; 2021 No 15, Sch 1[5]. |
Sec 9 | Am 1987 No 160, Sch 1 (5); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [13]; 2007 No 94, Sch 1.79 [1]. |
Sec 10 | Am 1987 No 160, Sch 2 (2); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [14]; 2005 No 50, Sch 1 [5] [6]; 2007 No 94, Sch 1.79 [1]. |
Sec 11 | Am 1987 No 160, Sch 2 (3); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]. |
Sec 12 | Am 1987 No 160, Schs 1 (6), 2 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [15]–[22]; 2003 No 87, Sch 3.20 [2]; 2004 No 24, Sch 1 [1]–[3]; 2006 No 120, Sch 2.73; 2007 No 27, Sch 1.43. |
Sec 12A | Ins 1987 No 160, Sch 1 (7). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [23]; 2003 No 87, Sch 3.20 [2]; 2005 No 50, Sch 1 [7]. |
Sec 13 | Am 1987 No 160, Sch 2 (5); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]. |
Sec 14 | Am 1987 No 160, Sch 2 (6); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [24]. |
Sec 15 | Am 1987 No 160, Sch 2 (7); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [25]–[28]; 2003 No 54, Sch 1 [2]. |
Sec 16 | Subst 1987 No 160, Sch 1 (8). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [29] [30]. |
Sec 17 | Am 1987 No 160, Schs 1 (9), 2 (8). Subst 1988 No 92, Sch 17 (2). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]. |
Sec 18 | Am 1985 No 79, Sch 1 (2). Subst 1987 No 160, Sch 1 (10). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [31]. |
Sec 18A | Ins 1985 No 79, Sch 1 (3). Am 1987 No 160, Sch 2 (9); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]. |
Sec 19 | Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (10); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]. |
Sec 19A | Ins 1987 No 160, Sch 1 (11). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]. |
Sec 20 | Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (11); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [32]. |
Sec 21 | Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (12); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [33]; 2003 No 54, Sch 1 [3]; 2003 No 87, Sch 3.20 [2]; 2005 No 50, Sch 1 [8] [9]; 2017 No 13, Sch 6.2 [2] [3]; 2024 No 85, Sch 1[6]. |
Sec 21A | Ins 1997 No 83, Sch 1 [34]. |
Secs 21B, 21C | Ins 1997 No 83, Sch 1 [35]. |
Sec 21D | Ins 1997 No 83, Sch 1 [35]. Rep 2005 No 50, Sch 1 [10]. |
Sec 22 | Am 1987 No 160, Sch 2 (13); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [36]; 2007 No 94, Sch 1.79 [1]. |
Sec 23 | Am 1987 No 160, Sch 2 (14); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [37]. |
Sec 23A | Ins 2018 No 27, Sch 2 [4]. |
Sec 23B (previously sec 24) | Renumbered 2024 No 85, Sch 1[13]. |
Part 2AA | Ins 2024 No 85, Sch 1[14]. |
Part 2AA, Div 1 | Ins 2024 No 85, Sch 1[14]. |
Sec 23C | Ins 2024 No 85, Sch 1[14]. |
Part 2AA, Div 2 | Ins 2024 No 85, Sch 1[14]. |
Sec 23D | Ins 2024 No 85, Sch 1[14]. |
Part 2AA, Div 4 | Ins 2024 No 85, Sch 1[14]. |
Sec 23M | Ins 2024 No 85, Sch 1[14]. |
Sec 23N | Ins 2024 No 85, Sch 1[14]. |
Sec 23O | Ins 2024 No 85, Sch 1[14]. |
Sec 23P | Ins 2024 No 85, Sch 1[14]. |
Sec 23Q | Ins 2024 No 85, Sch 1[14]. |
Sec 23R | Ins 2024 No 85, Sch 1[14]. |
Sec 23S | Ins 2024 No 85, Sch 1[14]. |
Sec 23T | Ins 2024 No 85, Sch 1[14]. |
Sec 23U | Ins 2024 No 85, Sch 1[14]. |
Part 2AA, Div 5 | Ins 2024 No 85, Sch 1[14]. |
Sec 23V | Ins 2024 No 85, Sch 1[14]. |
Sec 23W | Ins 2024 No 85, Sch 1[14]. |
Sec 24 | Am 1984 No 153, Sch 16; 1985 No 124, Sch 1 (2); 1986 No 56, sec 2; 1987 No 160, Sch 1 (12); 1997 No 83, Sch 1 [38]; 2004 No 24, Sch 1 [4]; 2005 No 50, Sch 1 [11]–[13]; 2007 No 94, Sch 1.79 [1]. Renumbered as sec 23B, 2024 No 85, Sch 1[13]. |
Part 2A | Ins 2005 No 50, Sch 1 [14]. |
Part 2A, Div 1AA | Ins 2024 No 51, Sch 1[3]. |
Sec 24AA | Ins 2024 No 51, Sch 1[3]. |
Sec 24AB | Ins 2024 No 51, Sch 1[3]. |
Sec 24AC | Ins 2024 No 51, Sch 1[3]. |
Sec 24AD | Ins 2024 No 51, Sch 1[3]. |
Sec 24AE | Ins 2024 No 51, Sch 1[3]. |
Part 2A, Div 1 | Ins 2005 No 50, Sch 1 [14]. |
Sec 24A | Ins 2005 No 50, Sch 1 [14]. Am 2013 No 56, Sch 3.5 [2]. |
Sec 24B | Ins 2005 No 50, Sch 1 [14]. Am 2013 No 19, Sch 3. |
Sec 24C | Ins 2005 No 50, Sch 1 [14]. |
Sec 24CA | Ins 2005 No 50, Sch 2.3 [1]. |
Sec 24CB | Ins 2022 No 69, Sch 1[3]. Am 2024 No 51, Sch 1[4]. |
Part 2A, Div 2 | Ins 2005 No 50, Sch 1 [14]. |
Sec 24D | Ins 2005 No 50, Sch 1 [14]. Am 2010 No 59, Sch 2.76 [2]; 2017 No 13, Sch 6.2 [4]; 2024 No 51, Sch 1[5] [6]. |
Sec 24E | Ins 2005 No 50, Sch 1 [14]. |
Sec 24F | Ins 2005 No 50, Sch 1 [14]. Am 2002 No 103, Sch 4.71 [1]–[3] (subst 2005 No 50, Sch 2.2). |
Sec 24G | Ins 2005 No 50, Sch 1 [14]. Am 2006 No 120, Sch 2.73; 2017 No 13, Sch 6.2 [5] [6]; 2018 No 27, Sch 2 [5]. |
Secs 24H, 24I | Ins 2005 No 50, Sch 1 [14]. |
Sec 24J | Ins 2005 No 50, Sch 1 [14]. Am 2006 No 94, Sch 3.27; 2007 No 94, Sch 1.79 [1]; 2015 No 58, Sch 3.72 [3]. |
Sec 24JA | Ins 2018 No 27, Sch 2 [6]. |
Secs 24K–24M | Ins 2005 No 50, Sch 1 [14]. |
Sec 24N | Ins 2005 No 50, Sch 1 [14]. Subst 2009 No 88, Sch 1 [1]. |
Sec 24NA | Ins 2013 No 56, Sch 3.5 [3]. Am 2018 No 27, Sch 2 [7]. |
Part 2B | Ins 2012 No 69, Sch 1 [2]. |
Sec 24O | Ins 2012 No 69, Sch 1 [2]. Am 2013 No 51, Sch 7.40 [2]. |
Secs 24P | Ins 2012 No 69, Sch 1 [2]. |
Sec 24Q | Ins 2012 No 69, Sch 1 [2]. |
Sec 24R | Ins 2012 No 69, Sch 1 [2]. Am 2024 No 51, Sch 1[7]. |
Sec 24S | Ins 2012 No 69, Sch 1 [2]. |
Sec 24T | Ins 2012 No 69, Sch 1 [2]. Am 2013 No 51, Sch 7.40 [3]; 2015 No 58, Sch 3.72 [4]. |
Secs 24U, 24V | Ins 2012 No 69, Sch 1 [2]. |
Sec 25 | Am 1985 No 124, Sch 1 (3); 1987 No 160, Sch 1 (13); 1988 No 20, Sch 15 (2); 1992 No 112, Sch 1; 1994 No 95, Sch 1; 1997 No 25, Sch 2 [1] [2]; 1997 No 83, Sch 1 [39]–[41]. Rep 2005 No 50, Sch 1 [15]. |
Sec 26 | Am 1985 No 124, Sch 1 (4); 1987 No 160, Sch 1 (14); 1994 No 95, Sch 1; 1997 No 25, Sch 2 [3] [4]; 1997 No 83, Sch 1 [42]–[49]. Rep 2005 No 50, Sch 1 [15]. Ins 2021 No 15, Sch 1[6]. Am 2024 No 51, Sch 1[8]. |
Sec 26A | Ins 1997 No 83, Sch 1 [50]. Rep 2005 No 50, Sch 1 [15]. |
Sec 26AA (previously sec 26A) | Ins 1985 No 130, Sch 1 (1). Renumbered 1997 No 83, Sch 1 [50]. Am 2003 No 87, Sch 3.20 [2]. |
Sec 26B | Ins 1997 No 83, Sch 1 [51]. |
Sec 27 | Subst 1985 No 38, Sch 1. Am 1987 No 160, Sch 1 (15); 1991 No 92, Sch 2. Rep 2005 No 50, Sch 1 [15]. |
Sec 27A | Ins 1987 No 160, Sch 1 (16). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [52]. Rep 2005 No 50, Sch 1 [15]. |
Sec 27B | Ins 2003 No 87, Sch 3.20 [5]. Rep 2005 No 50, Sch 2.3 [2]. |
Sec 28 | Am 1987 No 160, Sch 2 (15); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [53]. |
Sec 28A | Ins 2005 No 50, Sch 1 [16]. |
Sec 29 | Am GG No 155 of 15.11.1985, p 6008; 1987 No 160, Sch 2 (16); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [54]; 2021 No 15, Sch 1[7] [8]. |
Sec 29A | Ins 1987 No 160, Sch 1 (17). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [55]. |
Sec 29B | Ins 1997 No 83, Sch 1 [56]. |
Sec 29C | Ins 1997 No 83, Sch 1 [57]. Am 2007 No 94, Sch 1.79 [2]; 2008 No 112, Sch 6.24; 2010 No 59, Sch 2.76 [3]; 2013 No 51, Sch 7.40 [4]; 2020 No 30, Sch 1.33[2]. |
Sec 30 | Am 2007 No 94, Sch 1.79 [2] [3]; 2021 No 15, Sch 1[9]. |
Sec 30A | Ins 1987 No 160, Sch 1 (18). Am 2005 No 50, Sch 1 [17]; 2007 No 94, Sch 1.79 [2] [3]. Subst 2018 No 27, Sch 2 [8]. Am 2021 No 15, Sch 1[9] [10]. |
Sec 30B | Ins 2021 No 15, Sch 1[11]. |
Sec 31 | Am 1987 No 160, Schs 1 (19), 2 (17); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [58] [59]; 2005 No 50, Sch 1 [18]–[20]; 2018 No 27, Sch 2 [9] [10]; 2021 No 15, Sch 1[8] [12] [13]; 2022 No 69, Sch 1[4]; 2024 No 51, Sch 1[9]–[11]. |
Sec 31AA | Ins 2009 No 78, Sch 2. Am 2022 No 69, Sch 1[5]–[7]. |
Sec 31AB | Ins 2021 No 15, Sch 1[14]. |
Sec 31AC | Ins 2022 No 69, Sch 1[8]. |
Sec 31AD | Ins 2022 No 69, Sch 1[8]. |
Sec 31A | Ins 1987 No 160, Sch 1 (20). Am 1997 No 83, Sch 1 [60]; 2005 No 50, Sch 1 [21]; 2005 No 101, sec 4; 2022 No 69, Sch 1[9]; 2024 No 51, Sch 1[12]. |
Sec 32A | Ins 1985 No 130, Sch 1 (2). Am 1997 No 83, Sch 1 [61]; 2005 No 50, Sch 1 [22]. |
Sec 33 | Am 2021 No 15, Sch 1[9]. |
Secs 33A–33D | Ins 1997 No 83, Sch 1 [62]. |
Sec 33E | Ins 2005 No 50, Sch 1 [23]. Subst 2017 No 22, Sch 3.59. |
Sec 33F | Ins 2005 No 50, Sch 1 [23]. |
Sec 34 | Am GG No 155 of 15.11.1985, p 6008; 1997 No 83, Sch 1 [63]; 2003 No 54, Sch 1 [4]; 2005 No 50, Sch 1 [24]; 2007 No 94, Schs 2, 4; 2013 No 56, Sch 3.5 [4]; 2021 No 15, Sch 1[15]–[17]. |
Sec 34AA | Ins 2007 No 81, Sch 1 [1]. Am 2010 No 59, Sch 2.76 [4]. |
Sec 34A | Ins 1997 No 83, Sch 1 [64]. Subst 2005 No 50, Sch 1 [25]. |
Sec 34AB | Ins 2021 No 15, Sch 1[18]. Rep 2024 No 85, Sch 1[18]. |
Sec 34B | Ins 1997 No 83, Sch 1 [64]. Am 2005 No 50, Sch 1 [26]; 2024 No 51, Sch 1[13]–[15]. |
Sec 34BA | Ins 2024 No 51, Sch 1[16]. Am 2024 No 85, Sch 1[20]. |
Sec 34BB | Ins 2024 No 51, Sch 1[17]. |
Sec 34C | Ins 2012 No 69, Sch 1 [3]. Am 2015 No 58, Sch 3.72 [5]. Subst 2024 No 85, Sch 1[21]. |
Sec 35 | Am 1987 No 160, Schs 1 (21), 2 (18); 1990 No 46, Sch 1; 1992 No 112, Sch 1; 1997 No 83, Sch 1 [65]; 2003 No 87, Sch 3.20 [6]; 2009 No 88, Sch 1 [2]. |
Sec 35A | Ins 1997 No 83, Sch 1 [66]. Am 2015 No 58, Sch 3.72 [6]. |
Sch 1 | Am 1984 No 153, Sch 16. |
Sch 2 | Am 1985 No 124, Sch 1 (5); 1997 No 83, Sch 1 [67]–[71]; 2004 No 24, Sch 1 [5]; 2005 No 50, Sch 1 [27] [28]; 2007 No 81, Sch 1 [2] [3]; 2009 No 88, Sch 1 [3]; 2012 No 69, Sch 1 [4]; 2013 No 51, Sch 7.40 [5]; 2013 No 56, Sch 3.5 [5]; 2018 No 27, Sch 2 [11]; 2021 No 15, Sch 1[19]; 2024 No 51, Sch 1[18]; 2024 No 85, Sch 1[22]. |
The whole Act | Am 2015 No 15, Sch 1.20 [1] (“Director-General” omitted wherever occurring,“Secretary” inserted instead). |
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