Prevention of Cruelty to Animals (Amendment) Act 1943 (NSW)

482                  Prevention of Cruelty to Animals (Amendment)

Act.

PREVENTION OF CRUELTY TO ANIMALS

(AMENDMENT) ACT.

Act No. 44, 1943.

George VI. An Act to make further provisions relating to

No. ^1943. prevention of cruelty to animals; to amend the Prevention of Cruelty to Animals xAct, 1901, and the Police Offences Act, 1901; to repeal the Prevention of Cruelty to Animals (Amendment) Act, 1941; and for purposes connected therewith. [As­ sented to, 21st December, 1943.]

T )E it enacted by the King’s Most Excellent Majesty, I j by and with tbe advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Parliament assemlilcd, and by the authority of the same, as follows ;—

Short title	1 . (1) This Act may be cited as the “ Prevention of (2) The Prevention of Cruelty to Animals Act, 1901, as amended by subsequent Acts and by this Act, may be cited as the Prevention of Cruelty to Animals Act, 1901-1943.
and citation.	Cruelty to Animals (Amendment) Act, 1943.”
(3) The Police Offences Act, 1901, as amended by subsequent Acts and by this Act, ma\’ be cited as the Police Offences Act, 1901-1943.
Amendment

of Act No. 2 . (1) Tlio Prevention of Cruelty to Animals Act,

04,1901. 1901, as amended liy subsequent Acts, is amended—

Substituted (a) by omitting’ section three and by inserting in

sec. 3. lion thereof the following section:—

Interpre­ 3. In this Act unless the context or subject-

tation. matter otherwise indicates or requires—

“ Animal” means every species of animal and every species of bird whether in a natural or domestic state.

‘ ‘ Captive

Prevention of Cruelty to Animals (Amendment) 483

Act.

Ko. 44, 1943.

“ Captive animal” means any animal wliicli is in captivity or confinement whether permanent or temporary or which is chained or tethered or which is sub­ jected to any appliance or contrivance for the purpose of hindering or pre­ venting its esca^ie from captivity or confinement whether permanent or temporary, or which is pinioned or which is or appears to he maimed.

“ Cruelty” means unreasonable, unneces­ sary, or unjustifiable ill-treatment, and “ cruel” and “ cruelly” have corres­ ponding meanings.

“ Dog” includes any bitch, sapling, or

puppy.

“ Domestic aiiimal” means any animal which is tame or which has been or is being suflieiently tamed to serve some purpose for the use of man, or which although it neither has been nor is being nor is intended to ho so tamed, is or has become in fact wholly or partly tame.

“ Horse” includes any mare, gelding, pony,

foal, colt, or filly.

“ Ill-treat” includes heat, kick, wound, maim, abuse, worry, torment, torture, terrify, infuriate, over-ride, over-drive, over-load, drive when over-loaded, or cause in any manner whatsoever, whether by act or omission, pain, suffer­ ing or distress, and “ ill-treating” and “ ill-treatment” have corresponding meanings.

“ Justice” moans justice of the peace.

“ Officer” means a member of the police

force of any rank or any officer of the Eoyal Society for the Prevention of Cruelty to Animals, New South Wales,

appointed

484 Prevention of Cruelty to Animals (Amendment)

Act.

Ho. 44, 1943.

appointed a special constable with the approval of the Commissioner of Police.

“ Owner” used with reference to an animal includes not only the owner but also the lessee or borrower or other person for the time being entitled to the pos­ session of the animal and also any manager, overseer, foreman, agent or other representative of the owner, lessee, borrower, or other such person with whose orders the driver, conductor or other person in charge of the animal is bound to comply.

Sec. 4.	(b) (i) bj" omitting subsection one of section four
(Ill-treating

animals.)

arid by inserting in lieu thereof the follow­

ing subsection:—

(1) Whosoever—

(a)	cruelly ill-treats or causes or pro­ cures, or, being the owner or per­ son in charge, permits or suffers to be cruelly ill-treated any animal; or
(b)	keeps or uses or acts in the man­ agement of any place for the pur- ixise of fighting or baiting any animal, or permits or suffers ahy place to be so used; or
(c)	receives money for the admission of any other person to any place kept or used for the purpose of fighting or baiting any animal; or
(d)	encourages, aids, or assists at the fighting or baiting of any animal; or
(e)	conveys or carries or causes, or being the owner or person in charge, permits or suffers to be conveyed or carried, whether in or upon any vehicle or not, any ani­ mal in such a manner as to subject such animal to unnecessary pain

. or suffering; or

Prevention of Cruelty to Animals (Amendment) 485

Act.

Ko. 44, 1943.

(f)	being the owner or person in charge of atiy domestic animal other than one running at large or, being the owner or person in charge of any captive animal, fails to provide such domestic or captive animal with proper and sufficient food, drink or shelter; or
(g)	needlessly kills or causes to be killed, or needlessly mutilates any animal; or
(h)	neglects as the owner or person in charge, to exercise or cause to be exercised daily and reasonably, any dog habitually chained up or kept in close confinement; or

(i)  promotes or takes part in any shooting match or competition wherein animals are released from captivity for the purpose of such shooting; or

(j)	rides, drives, uses, conveys or carries or causes to be ridden, driven, used, conveyed or carried any animal wliicli is unfit for any such ]iurpose; or
(k)	except for medicinal or curative purposes administers or causes to be administered any drug or toxic or noxious substance to any animal entered or about to partake in any race or upon any racecourse or upon any ground used for coursing or the running or racing of dogs ; or
(l)	uses or applies or causes to be used or apjilied any galvanic or electric battery or other similar appliance upon or to any animal during its training for or before or after being entered for any race or upon any racecourse; or

(m)

486                 Prevention of Cruelty to Animals (Amendment)

Act.

Ho. 44, 1943.

(m)	wilfully and unreasonably admin­ isters any poisonous or injurious drug or poisonous or injurious substance to any domestic or cap­ tive animal or wilfully and unreas­ onably causes or attempts to cause any such drug or substance to be taken by any domestic or captive animal; or
(n)	keeps, sells or attempts to sell (otherwise than for the express purpose of being slaughtered), or exposes for sale any domestic or captive animal which is in such a condition that it is cruel to keep it alive; or
(o)	keeps or confines any animal in any cage or other receptacle which does not measure sufficient in height, length and breadth to permit the animal a reasonable opportunity for exercise; or
(p)	keeps for an unreasonable time any animal chained or tethered upon an unreasonably short or unreason­ ably heavy chain or cord; or
(q)	uses upon any animal, or keeps, sells or attempts to sell any spur or other similar contrivance or appliance with sharpened rowels,

shall, on summary conviction, be liable to a penalty not exceeding fifty pounds or to imprisonment for a term not exceeding six months or to both such qienalty a'nd im­ prisonment.

(ii)  by inserting next after subsection (l.v) of the same section the follownng new sub­ section :—

( 1 b ) It shall bo a sufficient defence to any proceedings for a contravention of paragraph (o) of subsection one of this

section

Prevention of Cruelty to Animals (Amendment) 487

Act.

No. 44, 1943.

section if the person charged proves that the animal vas so kept or confined only whilst being shown for the purpose of

■ public exhibition or competition for a time which does not in the whole exceed seventy- two hours.

(iii) by inserting at the end of the same section the following new subsection;—

(3 ) Where an offence against sub- cf-N.2;.

section one (other than paragraphs (b), (c) s.7 ( 4 ) % ) . ’

and (d)) of this section is committed, any

officer may, on his own view thereof, or on

complaint made to him by any other per­

son who declares his name and place of

abode to the said officer, take possession of

any animal the subject of such offence and

convey such animal to some place of

safot.v, and there detain tbe same until the

complaint in respect of such offence has

been heard and determined, or for any

shorter period.

In any such case where the defendant is cojivicted the justices before whom the conviction takes place shall, in addition to any penalty imposed, have power to order the defendant to pay a reasonable sum for defraying the cost of keeping such animal whilst so detained as aforesaid or other­ wise incuiu'ed by the officer in connectioTi with such detention.

(2) The Police Offences Act, 1901, as amended by Amendment

subsequent Acts, is amended by inserting in subsection

(1 a ) of section one hundred and one, after the words

“ similar capacity” the words “ or an officer of the (Special"

Royal Society for tlie Prevention of Cruelty to Animals, constables.)

New South Wales.”

(3 ) The Prevention of Cruelty to Animals Repeal of

(Amendment) Act, 1941, is hereby repealed.	1941̂ '’’ ’̂
(Consequen-

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