Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007 (NSW)

An Act to amend the Prevention of Cruelty to Animals Act 1979 in relation to the persons and organisations authorised to institute proceedings under that Act.

1Name of Act

This Act is the Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007.

2Commencement

This Act commences on 1 January 2008.

3Amendment of Prevention of Cruelty to Animals Act 1979 No 200

The Prevention of Cruelty to Animals Act 1979 is amended as set out in Schedule 1.

4Repeal of Act(1)

This Act is repealed on the day following the day on which this Act commences.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendments

(Section 3)

[1]Section 34AA

Insert after section 34:

34AAAuthority to prosecute(1)

Proceedings for an offence against this Act or the regulations may be instituted only by:

• (a)

  an approved charitable organisation, or

• (b)

  an inspector within the meaning of Division 2 of Part 2A, other than a police officer, or

• (c)

  a police officer, or

• (d)

  the Minister or the Director-General of the Department of Primary Industries, or

• (e)

  a person with the written consent of the Minister or that Director-General, or

• (f)

  any other person or body prescribed by the regulations for the purpose of this section.

(2)

In proceedings for an offence against this Act or the regulations, a consent to institute the proceedings, purporting to have been signed by the Minister or the Director-General of the Department of Primary Industries, is evidence of that consent without proof of the signature of the Minister or Director-General.

[2]Schedule 2 Savings and transitional provisions

Insert at the end of clause 1 (1):

Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007

[3]Schedule 2, Part 5

Insert after Part 4:

Part 5Provision consequent on enactment of Prevention of Cruelty to Animals Amendment (Prosecutions) Act 20078Proceedings for offences

Section 34AA does not apply to offences committed before the commencement of that section.