Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004 (NSW)

An Act to amend the Prevention of Cruelty to Animals Act 1979 with respect to the tail docking of dogs.

1Name of Act

This Act is the Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004.

2Commencement

This Act commences on a day to be appointed by proclamation.

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.

Schedule 1Amendments

(Section 3)

[1]Section 12 Certain operations not to be performed on animals

Omit section 12 (2) (a1).

[2]Section 12 (2) (b) (i)

Omit “, female calf or dog”. Insert instead “or female calf”.

[3]Section 12 (2A)

Insert after section 12 (2):

(2A)

A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence was the docking of the tail of a dog, was performed by a veterinary surgeon and was in the interests of the dog’s welfare.

[4]Section 24 Certain defences

Insert after section 24 (2):

(3)

Subsection (1) (d) does not apply to a person accused of an offence against section 12 (1) if the alleged offence was the docking of the tail of a dog.

[5]Schedule 2 Savings and transitional provisions

Insert at the end of clause 1 (1):

Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004