Prevention of Cruelty to Animals (Amendment) Act 1967 (NSW)

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PREVENTION OF CRUELTY TO ANIMALS (AMEND-

MENT)ACT.

iSeb) &outb Males;

ANNO SEXTO DECIMO

ELIZABETHS H BEGINS

ifm*******************************

Act No. 9 1 , 1967.

An Act to make further provisions relating to the pre­ vention of cruelty to animals; to amend the Prevention of Cruelty to Animals Act, 1901-1965, and the Police Offences Act, 1901-1967; and for purposes connected therewith. [Assented to, 18th December, 1967.]

T>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —

Short title

1* (1) This Act may be cited as the “Prevention of

and citation. Cruelty to Animals (Amendment) Act, 1967”.

( 2 )

Prevention of Cruelty to Animals (Amendment).

(2) The Prevention of Cruelty to Animals Act, 1901, No. 9i, 19«

as amended by subsequent Acts and by this Act, may be cited

as the Prevention of Cruelty to Animals Act, 1901-1967.

2. The Prevention of Cruelty to Animals Act, 1901- Amendment

1965, is amended—

(a) (i) by inserting next after the definition of Sec. 3.

“Captive animal” in section three the follow- (interpre-

ing new definition :

tation.)

“Confine” includes restrain by any means, and derivatives thereof have corres­ ponding meanings.

(ii)   by inserting in the definition of “Officer” in the same section after the words “New South Wales,” the words “or of any other association, organisation, society or body which has as one of its objects the promotion of the welfare of or the prevention of cruelty to animals and which is registered as a charity under the Charitable Collections Act, 1934, as amended by subsequent Acts,” ;

(b)

(i)

one of section four the word “dog” and by (m-treating

inserting in lieu thereof the words “animal, a"™®'* )

by omitting from paragraph (h) of subsection Sec.4. in a cage or other receptacle, which is” ;

(ii)

by inserting in paragraph (m) of the same subsection after the words “captive animal” where secondly occurring the words “or, with the intention of destroying or injuring any domestic or captive animal, throws, casts, drops or lays any poisonous or injurious drug or poisonous or injurious substance on or in any street or public place or any place adjacent thereto or on any land or premises not in his own actual occupation” ;

f'

' n .

(iii)

Prevention of Cruelty to Animals (Amendment).

No. 91, 1967

(iii) by inserting in paragraph (n) of the same sub­ section after the word “alive” the words “or having acquired such an animal fails to have such animal promptly slaughtered” ;

(iv)

by omitting paragraph (r) of the same sub­ section and by inserting in lieu thereof the following paragraph :—

(r)

except as provided in section 7a of this Act, docks or causes to be docked the tail of any horse, or crops or causes to be cropped the ears of any dog, or operates on any dog to prevent such dog from barking; o r;

(v)   by inserting at the end of paragraph (s) of the same subsection the following words and new paragraph :—

or keeps or has in his custody, posses­ sion, care or control at any place used for the training or racing of grey­ hounds any animal for the purpose of using it in connection with such training or racing, or keeps or has in his custody, possession, care or control at any other place any animal for the purpose of the training or racing of greyhounds; or

(t)

abandons any domestic or captive animal;

Sec. 4a.

(c) by inserting at the end of section 4a the following (4) Where a person is convicted of the offence of aggravated cruelty the court may, in addition to any other punishment, order that such person be deprived of the ownership or charge of the animal in respect of which the offence has been committed and of any other animal, and may make such order as to the disposal of any animal owned by him or of

(Aggravated

new subsection :—

cruelty.)

which

Prevention of Cruelty to Animals (Amendment).

which he is in charge as it thinks fit in the circum- No. 9i, 1967

stances, and may further order that such person

shall not become the owner or person in charge of

any animal within the period specified in the order

and that in default of compliance with an order

under this section such person shall be liable to a

penalty of an amount, not exceeding five hundred

dollars, specified therein.

;

(d)

by inserting at the end of section 7a the following sec. 7a.

word and new paragraph :—

(Exemp­

tions.)

(h)

any operation of the nature specified in paragraph (r) of subsection one of section four of this Act where such operation is performed for the treatment of disease of or injury to an animal by a veterinary surgeon registered under the Veterinary Surgeons Act, 1923, as amended by subsequent Acts;

(e)

by inserting at the end of subsection one of section Sec. 7c.

7c the following new paragraph :— (Regula-

tions.)

(h)

prescribing minimum sizes of cages or other receptacles in which any animal or species of animal may be kept in captivity.

3. The Prevention of Cruelty to Animals Act, 1901-Further

1965, is further amended—

rfActNo"‘

64, 1901. '

(a) (i) by omitting from subsection one of section See. 4.

four the words “one hundred dollars” and by (in-treating

inserting in lieu thereof the words

"four animals.)

hundred dollars” ;

(ii) by omitting from paragraph (b) of subsection

(1 a ) of the same section the words “one hundred dollars” and by inserting in lieu thereof the words “four hundred dollars” ;

(iii)

Prevention of Cruelty to Animals (Amendment).

No. 91,1967

(iii)

by omitting from subsection two of the same section the words “forty dollars” and by insert­ ing in lieu thereof the words “two hundred dollars” ;

Sec. 5.

(Obstructing

(b) by omitting from section five the words “twenty

constable.)

dollars” and by inserting in lieu thereof the words

“two hundred dollars” :

Sec. 6.

(c) by omitting from subsection four of section six the

(Offences

committed

words “four dollars” and by inserting in lieu thereof

by drivers or

the words “twenty dollars” ;

conductors of hackney carriages,

etc.)

Sec. 7b.

(d) by omitting from subsection five of section 7b

tion and

(Registra­

the words “forty dollars” and by inserting in

inspection

lieu thereof the words “two hundred dollars” ;

of animals

employed at

mines.)

Sec. 7c.

(e) by omitting from subsection two of section 7c the

(Regula­

words “forty dollars” and by inserting in lieu

tions.)

thereof the words “two hundred dollars” ;

Sec. 12c.

(f) by omitting from subsection two of section 12c the

produce

(Owner to

words “t^ n ty dollars” and by inserting in lieu

aiumal

thereof the words “one hundred dollars”.

if so

required.)

4. The Prevention of Cruelty to Animals Act, 1901­

Further

amendment

1965, is further amended—

64,1901.

of Act No.

Sec. 7.

(a) by omitting from subsection one of section seven

(Compensa­

the words “twenty dollars” and by inserting in lieu

tion to be

paid by

thereof the words “three hundred dollars” ;

offender for

injury caused

to animal,

person, or

property.)

(b)

Prevention of Cruelty to Animals {Amendment) .

(b)

by omitting from subsection three of section 7c the No. 91,1967

words “police or” ;

sec.7^

(Regula­

tions.)

(c) by omitting from section eleven the words “police Sec. 11.

(Justices

may allow

certain

premises to

be inspected.)

5.      (1) The Police Offences Act, 1901, as amended by Amendment

subsequent Acts, is amended by inserting in subsection (1a)

of section one hundred and one after the words “New South sec. 101.

Wales” where firstly occurring the words

or of any other (Special

association, organisation, society or body which has as one of constables.)

its objects the promotion of the welfare of or the prevention of

cruelty to animals and which is registered as a charity under

the Charitable Collections Act, 1934, as amended by

subsequent Acts”.

(2) The Police Offences Act, 1901, as amended by subsequent Acts and by this Act, may be cited as the Police Offences Act, 1901-1967.

STAMP

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