Prevention of Cruelty to Animals (Amendment) Act 1928 (NSW)
| Prevention of Cruelty to Animals (Amendment) Act. | 507 |
| PUKYENTTON OF CRUELTY TO ANIMALS (AMENDMENT) ACT. |
Act No. u4, 1928.
An Act to make further provision for tlie jirevon- Oeorgev,
| tion of cruelty to animals ; to provide for the | ^ |
| registration and inspection of certain animals; to amend the Prevention of Cruelty to Animals Act, lt)01, and certain other A cts; and for purposes connected therewith. [As sented to, dth January, 1929.] |
' | 3 E it enacted by the King's Most Excellent Majesty,
_I3 by and with the advice and consent ot flic Legis
lative Council and Legislative Assembly of New South Monies in Parliament assembled, and by the authority of the same, as follo4vs
1 , This Act may be cited as the “ Prevention of siu>rt titio.
Cruelty to Animals (Amendment) Act, 1928,” and sliall be read and construed with the Jb'evention of Cruelty to Animals Act, 1001, in this Act referred to as the Principal Act.
| 2 , The Principal Act is amended as follows :—- | Amcmiment |
| (1) | Tn section th re e - | |||
|
“ Ofiieer” means a member of the police force of any rank or any officer of the Jloyal Society for tli(5 Prevention of Cruel tv io AnimalsV appointed a special constable by the Commissioner of Police.
(2)
508 Prevention of Cruelty to Animals (Amendment) Act.
| Ho, 64, 1923. | (2) In section four— |
| tSec. 4, | (a) | by insertin2 ̂in paraijrapii (a) of subsection one after the word “ procures” tlie words “ or being the oivuer or person in charge permits or suffiu's ” ; |
(b) (i) by inserting in paragraph (c) of the same subsection after the word “ causes” the words “ or being the owner or person in ciiarge permits or sufl'crs ” ;
(ii) by inserting at the end of tlie same paragraph the word “ or
| (c) | by inseiting in the same subsection immediately after paragrapli (e), the foliovi ing paragraphs : — |
W.A No. 21
| of 1920, s. 4, | (f) fails to supply any domestic animal or captive animal other than those running at large with projfer and sudicient food or water or to provide sufficient protection m hot or in clement M'oatlier ; or | ||
| Ibiii. |
| ||
| W.A. No. 21 | |||
| of 1920, s. 4. | (h) neglects as the owner or person in charge, to exercise or cause to be exercised daily and reasonably, any dog habitually chained up, |
| (d) | by omitting from the same subsection the words “ five pounds ” and by inserting in lieu thereof the words “ twenty pounds ” ; |
| (e) | by omitting from the same subsection the words “ three months” and by inserting in lieu thereof the words “ six months” ; |
| (f) | by inserting tlie following new subsection next after subsection one ;— |
| 1 A 2 Goo. V, | (1a) For the purposes of subsection one of tills section an owner or person in charge of an animal shall bo deemed to have permitted any act or omission bei’eby |
| 3. 1 (2) |
made
| Prevention of Cruelty to Animals (Amendment) Act. | 500 |
made punishable if he shall have failed fo exercise reasonable care and supervision in respect to the protection of the animal therefrom, or failed to take reasonable steps to prevent the unnecessary suffering of the animal.
| (g) | by omitting from subsection two the words “ of five pounds ” and hy inserting in lieu tliei'K;of tlic words “ not exceeding twenty pounds.” |
(tl) By inserting the following new sections next Xiiw st(iu.ns
after si'ction seven :—
7 a . Tsothing in this Act shall render un- I'Atn.titioLs.
lawful—
| (a) | tlie slaughtering of any animal in any w.a. Kh. ji | |
| ||
| comply with the reqnircmicnts of the Jewish or other religion ; or | ||
| (h) | the dehorning of cattle, or the castra.- tion, spaying, ear-nnirking, or branding of any animal, or the tailing of any lamb, where tlie operation is attended with as little suffering as is practicable to the animal operated ujion ; or | |
| (e) | tlie destruction of stray dogs or cat.s in lethal chambers, or hy otlier methods with a minimum of suffering ; or | |
| (d) | the extermination or destruction of ar.y animal under the authority of any Act, regulation, or by-law in force for the time being; or | |
| (e) | the hunting, snaring, trapping, si loot ing, or capturing of any animal; or | |
| (f) | in the course of the destruction, or the®- * |
the commission or "omission of any act i &-2 Oeo. v, as food for mankind, provided that such destruction or such ])reparation is carried out witliont the infliction of unnecessary suffering; or
| ̂ | (?:) |
| 5J0 | Prevention of Cruelty to Animals (Amendment) Act. |
| Ho. 5 i, 192S. |
(") any surgical operation or any operation for pliysiological or pathological investi gation or any operation of the nature of an inoculation or of a feeding experi ment : Provided that such operation, inoculation, or experiment is carried out in accordance with regulations made under this Act.
Ru^Utration
| and inspcc- | 7e. (1) Prom and after the first day of |
| tiau of | January, one thousand nine hundred and |
| aniinaU | |
| employed at. | twenty-nine, tlie manager of every mine in |
| niiiies. | New South Wales shall keep or cause to bo kept at tlie mine a register of all animals of drauglit or burden which are at such date or may at any time thereafter be kept or worked at or in the mine. |
| (2) Tlie register shall contain the follow- ingpartieuiars in respect of each such animal:— |
(a) Kind of animal.
(b) Age at date of registration.
(c) Sox,
(d) Colour and distinctive markings.
(o) Brands.
(f) Date when brought on to the mine
premises.
| (g) | Date of removal from the mine premises. | |
|
under subparagraphs (a) to (f) (both inclusive) of subsection two of this section, shall be made within twenty-four hours of the said first day of January, one thousand nine hundred and twenty-nine, or of tlie day on which tlie animal concerned comes on to tlte mine premises, whichever shall last Iiappen, and in respect of particulars under paragraph (g) of the said subseclioii witbin twenty-four lioiirs of the day
O il which the animal is so removed.
| (1) | Any officer or mines check inspector |
may at all reasonable times inspect all such animals kept or worked at or in the mine, ami at any such inspection the manager shall
produce
| Prevention of Cruelty to Animals (Amendment) Act. | 5U |
produce the register or cause the same to be pradiiccd for inspection by the ofTicer, and shall give all reasonable assistance to the officer for that purpose.
(5) Any person who hy any act or default contravenes the provisions of this section shall on conviction in a summary manner be liable to a penalty not exceeding twenty pounds,
7c. (1) The Governor may make regulations for carrying this Act into ell’ect,
(2) The regulations may impose a penalty not exceeding twenty pounds for any breach thereof.
(3) Any penalty imposed hy the regula tions shall be recoverable summarily before a police or stipendiary magistrate or any two justices in petty sessions.
(4) The regulations shall—■
(a) he publislied in the Gazette;
| (b) | take effect from the date of publication or from a later date specified in tlie regulations; and | |
| (c) | be laid before both Ilouaes of Parlia ment within fourteen sitting days after tlie publleation tliereoE if Parliament is tlien ill session, and if not, then within fourteen sitting days after the com mencement of tlie next session. | |
|
a resolution, of which notice has been given, at any time within fifteen sitting days after such regulations have been laid before such House, disallowing any regulation or part thereof, such regulation or part shall tiiercupon cease to have effect.
(4) By inserting the following new sections next Ni wRettions,
after section twelve
12a . Any officer may enter at any time intooriBcr m.iy
any place where animals are usually sold or Vc.'***
ke|)t for sale, lure, or business purposes, andw.A. Xo. ai
| may inspect any animal found therein, and the | ***“̂*' "• |
| accommodation for such animals. |
12 b.
512 Prevention of Cruelty to Animals (Amendment) Act.
| No. 54̂ 1928. |
1 2 b . ( 1 ) If an officer finds any animal so
Offieer vmdet'
| certain | diseased or so injured or in such a physical |
| conditione | condition that, in his opinion, having regard to |
| may destro3' | |
| injured | tlie means available for removing the animal, |
| animals, | there is no possibility of removing it without |
| cf. 1 & ‘1 | cruelty, he shall, if the owner is absent or |
| Geo. V, | |
| c. 27, s. 11. | refuses to consent to the desti’uction of the animal, at once summon a registered veterinary surgeon, if any such veterinary surgeon resides within a reasonable distance, and if it appears by tbc certificate of such veterinary surgeon that the animal is mortally injured or so severely injured, or so diseased, or in such a pliysical condition that it is cruel to keep it alive, it shall be lawful for the officer, witliout the consent of the owner, to slaughter the animal or cause or procure it to be slaughtered with such instruments or appliances, and with such precautions, and in such manner as to inflict as little suffering as practicable, and if the slaughter takes place on any public highway to remove the carcase or cause it to be removed therefrom. |
| (2) If any veterinary surgeon sum moned under this section certifies that the injured animal can without cruelty be removed, it shall be the duty of the person in charge of the animal to cause it forthwith to be removed with as little suffering as possible, and if that person fail to do so or if there is no person in charge, the officer may cause the animal forth with to t)e so removed, | |
| (3) Any expense wdiicli maybe reason ably incurred by an officer in carrying out the provisions of this section {including the expense of any veterinary surgeon summoned, and whether the animal is slaughtered under this section or not) may be recovered from the owner as a debt. | |
| (4) No compen-satioii shall be recover able against any officer in respect of the slaughtering of an animal under this section. |
(6)
| Prevention of Cruelty to Animals (Amendment) Act. | 513 |
| (5) | Tliis section sliall only apply to the |
county of Cumberland and within the boun daries of any municipality outside tbc said county.
12c. ( 1) tt*hcre a complaint is made against Ownoi- u.
a person for a breach of any of the provisions
of this Act, in respect of an animal, tlie justice =̂0 rwjuh-eci.
to whom the complaint is made may forthwitli ‘-f-
issue a summons directed to the owner or
person in charge of the animal requiring hitn
to produce at tlie liearingof the case tlie animal
for the inspection of the court.
(2) "Wiion a summons is issued under subsc'ction one of this section, and the owner or person in charge, as the case may be, fails to comply therewith without satisfactory excuse, he shall he liable upon summary conviction to a penalty not exceeding ten pounds, and he may he required to pay the costs of any ad journment rendered necessary hy his failure,
12i). (1) If the owner or person in charge :wi;r for
of any animal shall he convicted of a breadi of
this Act ill relation to sucli animal, tin; iionviotea of
..Tiieliy of
| convicting justice may, if he thinks fit, | * ownership of |
addition to any other punishment, deprive such animai.
person of the ownership of the animal or the
| charge thereof as the case may be, and m ake'' | ’ |
| such order as to the disposal of the animal as lie thinks fit under the circumstances. | |
| (2) No order shall be made under this section unless it is shown by evidence as to a previous conviction, or as to the character of the owner or person in charge or otherwise, that tlie animal, if left to the owner or person in eliarge, is likely to he exposed to further cruelty, |
12e . Whenever any person, who is an em- Knu)i„ye«
ployee or servant, charged with a breach of
any provision of this Act, proves to the satis
faction of the court before which the complaint
| is being heard that the acts constituting the | 21 of |
| offence were done or permitted hy him in the course of his employment as such employee or |
servant,
514 Prevention of Cruelty to Animals (Amendment) Act.
| No. 54, 1938. |
servant, and that prior to the commission of the offence he called tlie attention of his em ployer or of liis employer’s representative to the unfitness of tiie animal for Ihc use or treatment constituting the offence, the court may discharge the defendant or adjourn the hearing and issue a summons against the emjiloycr or representative for a like olfence. In (he event of tlie employer or representative being found guilty the court may order him to pay costs incurred in prosecuting both himself the employee or servant.
| Power to | 1'2f . In case any animal is at any time con |
| provide food |
| for animals in | fined on any premises, or in any place of any |
| confinement, | kind, or in any pen, cage, Imtcli, or in any |
| cf. 12 i 13 | |
| Vie., c. 92, | receptacle of the like nature, and continues to |
| s. 6 ; | be so confined u itliout proper and sufficient food |
| Viet, Police | |
| Offences Act, | or water for more tlian twenty-four consecutive |
| 191i), s, 6(i : | hours, it shall be lawful for any ofiieer to enter, |
| ■and \V. A, 2 1 | |
| of 1920, s. 19. | at all reasonalile times, into and upon any such premises or place as aforesaid, and to supply such animal with proper and sufficient food and water during so long a time as such animal remains and continues confined as aforesaid, and the reasonable cost of such food and water shall be paid by the owner of sucli animal to the person who has supplied the same, and the said person may recover the same as a deb t: |
| Provided that the provisions of this section shall not apply to stock carried by rail, nor to stock mustered or penned at sale-yards, or for the purpose of dipping, branding, or other necessary operations, or to sheep mustered or penned for shearing, crutcliing, or other similar operations. | |
| Destruction |
| of animats in | 12g. Wiicrc the owner of any animal is |
| certain eases. | convicted of a breach of any provision of this |
| 1 & 2 Geo. V, | Act in relation to such animal, it shall be |
| s. 2. | lawful for the court by which he is convicted, if it is satisfied that it would lie cruel to keep the animal alive, to direct that the animal be destroyed, and to assign the animal io any suit able person for that purpose; and the person |
to
No. 54, 1923.
to ivliom tlie. animal is so assigned sliall, as soon as possible, destroy it, or cause or procure it io be destroyed in his jiresence nithout un necessary suil'ering.
Any reasonable expenses incurred in destroy ing the animal may bo ordered by the said court to be paid by the owner, and thereupon such expenses shall be recoverable as a debt.
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