Prevention of Cruelty to Animals Amendment Act 2009 (NSW)

An Act to amend the Prevention of Cruelty to Animals Act 1979 to make further provision for the prevention of cruelty to animals.

1Name of Act

This Act is the Prevention of Cruelty to Animals Amendment Act 2009.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Prevention of Cruelty to Animals Act 1979 No 200[1]Section 24N

Omit the section. Insert instead:

24NNotices in relation to animals(1)

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.

(2)

A person who, without reasonable excuse, fails to comply with a notice is guilty of an offence.

Maximum penalty: 25 penalty units.

(3)

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.

[2]Section 35 Regulations

Omit section 35 (3). Insert instead:

(3)

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.

[3]Schedule 2 Savings and transitional provisions

Insert at the end of clause 1 (1):

Prevention of Cruelty to Animals Amendment Act 2009