The Prevention of Cruelty to Animals Act 1908 (SA)

ANNO OCTAVO

No. 956.

An Act for the Prevention of Cruelty to Animals.

[Assented to, December z ~ d, 1908.1

E it Enacted by the Governor of the State of South Austraiia,

follows: B with the advice and consent of the Parliament thereof, as

1, This Act may be cited as The Prevention of Cruelty to Short title.

Animals Act, 1908."

2, Section 67 of the " Police Act, 1869-70," is hereby repealed.	Rewal.
NO. 16, 1869-70 ,

3, In this Act, unless the context or subject matter otherwise Interpretation.

indicates or requires-	N.S.W., No. 64,
1901, S. 3.

Animal l" means and includes every species of quadruped and cf. Q., NO. 28,1901

every species of bird, whether in a natural or domestic state, ". ' 9

and a11 other animals dependent upon man for their care or

sustenance or in a state of captivity:

Constable " means and includes police officel; police constable,

and special constable.

Ill-treat" includes wound, mutilate, overdrive, overtide, over- work, abuse, worry, torment, and torture; also knowingly overload and knowingly overcrowd, and unreasonably, wan- tonly, or maliciously beat or cause unnecessary pain:

Justice " means Justice of the Peace for the said State:

" Vehicle " means and includes every description of cart, wagon,

truck, barrow, carriage, or other conveyance.

956 4. (1) Any

8" EDWARDI VII, No. 956.

The Prevention oj C r d y to Animals Act.-1908.

-- - - P- -A

Ill-treating animals.

N.S.W., No. 64,	4. (1) Any person
1901, S. I, extended.

Cf. Q., No. 26, 1961, (a) Ill-treats, or causes or procures to be ill-treated, any ani-

a. 4. mal; or

Ne lecting to provide ( b ) Wantonly or negligently fails to supply any animal with proper and sufiicient food, or water, or as regards animals other than those running at large, or on a journey, with shelter; or

wit! fd, LC.

Baiting animal. ( C ) Keeps, or uses, or acts in the management of any ylacc for

the purpose of fighting or baiting any animal, or per-

mits or suffers any place to be so used; or

Receiving money to (d ) Receives money for the admission of any other person to

witness baiting.

any place kept or used for the purpose of fighting or

baiting any animal; or

Encouraging baiting.

( e ) Incites any animal to fight, or baits any animal, or

encourages, aids, or assists at the fighting or baiting of

any animal; or

Carrying animals so

( f ) Conveys, carries, or packs, or causes to be conveyed, carried, or packed, whether in or upon any vehicle or not, any animal in such a manner or position as to subject such animal to unnecessary pain or suffering; or

as to cause pain.

Slaughtering, &C.,

(g) Slaughters, or causes to be slaughtered, any animal in such

so as to cause un-

neceseary pain, &c.

a manner as to subject such animal to unnecessary pain

or suffering; or

Thing or oonveying ( h ) Knowingly or wantonly rides, drives, uses, conveys, carries,

unfit animal.

or packs any animal which is unfit for such use or treat-

went; or

(i) Connives with another in doing any of the above acts:

Imprisonment or fine by special Magistrate shall, on conviction before a Special Magistrate or two Justices, be or two Justices. liable to a penalty not excceding Ten Pounds.

Additional penalty for

every day offenca ia (2) An additional penalty of Five Pounds may, on such convic-

committed.	tion, be imposed for every day on which an offence conimitted under
N.S.W., No. 64,	clause ( c ) or ( d ) of the last subsection is continued.

1901, B. 4 (2). ..

Compensation for (3) Any person who by ill-treating any animal, or inciting any

caused to

animal, person, or	animal to fight, does damage or injury to such animal, or thereby
property.	causes damage or injury to be done to any person or property, shall,
c f. N.z., NO. 24,	in addition to such penalty, pay to the owner of such animal (if the
1884, 8. S.	offender is not the owner thereof), or the person who sustains dateage or injury as aforesaid, such sum of money by way of compensation, not exceeding the sum of Twenty Pounds, as is ascertained and de- termined by the convicting Magistrate or Justices: Provided that nothing in this subsection shall take away any other remedy of such owner or any other person in respect of such damage or remedy.

Exemption. (4) Nothing in this Act shall render unlawful the slaughtering

of any animal in any manner which may be necessary to comply

with the requirements of the Jewish or other religion.

6, The

8" EDWARDI VII, No. 956.

The Prevention of Cruelty to Animals Act,-1908. --. p p -.

-

- -

5, The dehorning of cattle, where the operation is performed Dehorning cattle.

with a minimum of suffering to the animal operated upon, shall not

be deemed an offence under this Act.

6, If any person keeping or using or h a ~ i n g the management of Penalty for using or employing animal

any place for the purpose ot slaughtering any diseased, maimed, or condemned worn out animal (not intended for butchers' meat) uses or employs, slaughtered. -. or causes or permits to be used or employed, kny such animal

brought to or delivered at or which is in or upon such place for the purpose of being slaughtered, or permits or suffers any such animal to leave the said place to be employed in any manner of work, every such person shall be liable to a penalty not exceeding Forty Shillings for every day on which such animal is so used or employed or is absent from such place; and any person who uses or employs or is in the possession or custody of any such animal whilst so used or employed shall be liable to a penalty not exceeding Forty Shillings for every day he uses or employs or is possessed or in the custody of such animal as aforesaid.

7. (1) If any constable is of opinion that any animal is unfit to Power to prohibit uae

be used in work or labor of all or any kind, he may, by notice of animal unfit for

signed by him and indorsed by a Justice and delivered to any per- New.

son, direct that such animal is not to be used.in work or labor, or in

work or labor of the kind specified in such notice, for any time

stated therein, not exceeding three weeks.

(2) At the expiration of such time, or of the time specified in any Extension of prohibition.

notice under this subsection, any constable, if of opinion that such animal is unfit to be used as aforesaid, may, by notice signed and indorsed as aforesaid and delivered to m y person, direct that such animal is not to be used in work or labor, or in work or labor of the kind specified in the last mentioned notice, for any further time stated therein, not exceeding three weeks.

(3) If the person to whom any notice under subsection (1) or (2)

of this section is delivered, or any person who has notice thereof,	uses such animal or permits it to be used in any work or labor, or	in work or labor of the kind specified in such notice (as the case
may be) during the time specified in such notice, he shall be liable, upon conviction before a Special Magistrate or two Justices (other than the Justice who signed the notice), to a penalty not exceeding Five Pounds.

(4) Upon information in writing made to any Justice by any Application for

person who alleges in such information that he is injured by the bition.

removal of prohi-

operation of any notice under subsection (1) or (2) of this section, and that such animal is not unfit to be used as specified in the notice, such Justice shall issue his summons calling upon the con- stable who signed the notice to appear, at a time and place therein named, and show cause why she notice should not be annulled. At the time and place so named such information may be heard by any Special Magistrate or two Justices, who may in their discretion annul, vary, confirm, or extend (as to time or kinds of work or labor)

the

8" EDWARDI VII, No. 956.

.The Pr&h of C r d y to Animals Ad.-1908.

the operation of the notice, but shall not, unless satisfied that the notice was delivered frivolously or maliciously, give any costs against such constable.

Constuble may in-

cpect saleyards, &c. 8. Any constable may enter at any time into any saleyard or

N.Z., Nu. 24, 1881,	place where animals are usually sold or kept for the of sale,
S. 10.	and may inspect any animal found therein, and the accommodation for such animals. Any person hindering such 'constable from so entering and inspecting shall be liable, on con~iction befbre any Justice, to a penalty not exceeding Ten Pounds.

9. (1) Any constable may, upon his own view of the commission

N.8.w.,No.64,1901, of an offence under this Act, or upon the complaint of atiy other

a 8.

N.z., No,21, ls84,	person who declares that he or she has seen an offence under this
a. 11.	Act committed, and gives his or her name and place of abode t~ the

Q - 9 26, 19019 constable, lay an information against the offender for the purpose

a. 10.

of the offender being dealt with according to law.

Apprehension.

Warrant may issue (2) Any Justice may, without previously issuing any suinm ons,

forthwith.	forthwith issue his warrant for the apprehension of any person
N.z., NO. 24,1884,	charged with any offence under this Act whenever good grounds for
S. 11.	so doing shall be stated on oath before such Justice.
Limitation of time

within which infor-	10, Every information 01. complaint in respect of an offencc against
mation or complaint

laid or made.	this Act shall be laid or made within fourteen days after the cause
of offence or complaint arose.
Ibid., a. 9.
Vehicles, animals, be.,

may be detained. 11, (1) W henever n constable arrests any person having charge of

N.S.W., KO. 64,	any vehicle or animal or both for rtn offence against the provisions of
1901, a. 10 ( 1 ).	this Act he may take charge of such vehicle or animal or both, and any

Q, No. 26,190l, 8.11. saddle and harness on or attached to such animal or vehicle, and deposit the same in some place of safe custody as security for payment of any penalty to which such person or the owner of such vehicle or animal niay become liable, and the expenses which have been or may be necessarily incurred for taking charge of and keeping the same.

Sale in default of

payment.	(2) The Justice or Justices who hear the case may, in default of or all of them, to be sold fbr the purpose of satisfying such penalty and reasonable expenses in like manner as if the said vehicle, animal, saddle, and harness had been subject to be distrained, and had been &strained upon for the payment of such penalty and expenses.
N.8.W., No. 64,1901,	payment, order such vehicle or animal or saddle or harness, or any
8. 10 (2).

8pecbl conatable 12, Any Special Magistrate or any two Justices may appoint,	may be appointed.
N.Z., No. 21, 1884, in writing under his or their hands, any officer. agent, or ser-
8. 14. vant of any society for the prevention of cruelty to animals to be

a special constable to act for such time and jvithin such limits as are appointed, and such special constable &hall, during such time and within such limits, have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities, as any constable of the Police Force of South Australia.

13. (1) If

8" ZDWARDI 1 1 No. 956.

The Prevention of Cruelty to Anhds Ad.-1908.

Killing of animals.

13. (1) If i t shall be made to appear to any Justice by personal NZ., NO. 21, 1984,

inspection, or by the testimony of a competent witness, that any	r. 13.
animal impounded in any pound or found elsewhere is in such a	Cf. Q., No. 26, 1901
weak, disabled, or diseased state that i t ought to be killed, it shall	r. 9.
be lawful for him, by writing under his hand, to order that the said animal shall be forihwith killed; and such order shall be sufficient authority to the poundkeeper or owner of such animal, or any other person authorised by the said Justice, to kill the same, and no com- pensation whatever shall be recoverable in respect of such killing.
(2) Whenever, in the opinion of a constable, any animal is so weak, disabled or diseased, or as the result of an accident, or from any	in case of accident,
Powers of conatable
etc.
other cause, sustains such injuiies that its recovery is impossible,	Rew.
such constable may, upon obtaining the order of n Justice or the consent of the owner, immediately kill such animal, and no com- pensation whatever shall be recoverable against such Justice or constable in respect of such killing.

Inspection of

14. Whenever it is by the oath of any credible person made to , premisel.

appear to the satisfaction of a Special Magistrate br two Juqtices N.s.m., No. s r,

that an offence against this Act has been, or is being, or is about 1901, 8.11.

to be committed on or in any premises, such Magistrate or Justices

may, by writing under his or their hand, authorise such person or

some constable named therein to enter upon or into such premises

and inspect a,ny animal confined or kept there.

15, Whosoever, at any time or in any manner, unlawfully Ob~tructingcon-

obstructs, hinders, molests, or assaults any constable or other person etable.	Ibid., S. 5.
whilst in the exercise of any power or authority under or by virtue of this Act shall, on conviction before any Justice, be liable to a penalty not exceeding Ten Pounds.

16, (1) Whrnever an information is laid or complaint made Proprietorsof vehiclea to be sum-

against the driver or conductor of any vehicle, whether licensed or moned to.oroduce

oihherwise, for any offence ag aim t ihe provisions of this Act, the their mminb.

Justice or Justices before whom such information is laid or complaint Ibid., ( l ).

made may forthwith summon the proprietor or owner of such carriage or vehicle to pr~duce before him the driver, conductor, or other ser- vant by whom the offence was committed, or is alleged to have been committed, to answer the information or complaint,

( 2 ) If such proprietor or owner, after being duly summoned, fails c m be he d i n

absence of driver. '

without reasonable excuse to produce such driver, conductor, or	servant, the Justice or Justices before whom such driver, conductor, Ibid., 8. 6 (-2).
or servant is required to be produced may proceed, in the absence of such driver, conductor, or servant, to hear and determine the case in the same 'matmer as i f he had been produced, and to adjudge payment by the proprietor or owner of any penalty or sum of money and costs in which the driver, conductor, or servant is con- victed.

(3) Any sum of money so paid by the proprietor or owner may, Rec0.e~ fmz rnr-

upon proof of payment thereof, and of such driver, conductor, or vant of eum paid.

servant l, (R.

8" EDWARDI VII, No. 956.

- ----

The Prevention of Crvelty to Animals Ad.-1908.

--- - --

-

servant refusing or neglecting to be produced pursuant to the order of the Justice or Justices, he recovered in a summary way from the driver, conductor, or servant through whose default such sum has been paid, in the same manner as a penalty.

Penalty on proprietor	(4) The Justice or Justices maj., if	such proprietor or own x fails
for not p u c i n g

servant . to produce his driver, conductor, or servant without reasonable

~ b l d. , S. 6 (4). excuse, irnpose a penalty of ~ o r t ~ ~ ~ h i l l i n ~ s upon such proprietor ol owner, and may also direct a further summons to issue against him under subsection (1) of this section, whereupon the same conse- quences shall follom as upon the first summons so issued, including power upon the hearing of each successive summons to issue a further summons, until such driver, conductor, or servant is produced.

Power to provide food 17. If any animal is at any time impounded, or confined in any yard, pen, cage, hutch, pound, or receptacle of the like nature, or deprived of its liberty. and continues imuounded. confined. or re-

to neglected auimals.

&. , ~ 0. 2 6, 1 9 0 1, ~. 8.

stfained without fit &d sufficient food ind watkr for mire than twenty-four constxxtive hours, it shall be lawful for any person whomsoever to enter into and upon any yard or other premises, or any pound, or other receptacle of a like nature in which such animal is so confined, and to supply such animal with fit and sufficient food and water during so long a time as it remains and continues so impounded, confined, or restrained, without being liable to any action of trespass or other proceeding by any person whomsoever for or by reason of such entry for the purposes aforesaid. The reasonable cost of such food and water shall be paid by the owner

of such animal to the person who has supplied the same, and such

cost may be recovered by complaint before a Special Magistrate or

two Justices. .,

This section shall not apply to animals carried in railway trucks.

Exemptione. 18. (1) Except as hereinafter provided, nothing in this Act con-

Q. , N 0 - ? 6 ~ 1 9 * 1 ~ 8 - 1 2 tained shall apply to any act done in any of the following cases:---

Extermination of

pesta. (a) I n the extermination of rabbits, marsupials, wild dogs, foxes,

or vermin; or

( b ) In the extermination or destruction of any animal under the

authol$ty.of any Act, regulation, or by-law in force for the

time being; or

Hunting, &C., un-

domesticated animals.	(c) I11 the huntiqg, snaring, trapping, shooting, or capturing of any animal not in a domestic state; or
Vivisection.	( d ) I n any experiment or vivisection performed upon any animal

bj any legally clualified medical practitioner or veterinary

practitioner, or any officer appointed by the' Governor in Council, for the purposes of scientific investigation: Yro- vided that the Governor in Council may, from time to time, make regulations for the registration of those prac- titioners who shall be permitted to perform such ex- periment~ or vivisection and for the humane conduct of

C -

% . their operations. ( e ) In

p- 8" EDWARDI VII, No. yj6.

The Prevention of Cruelty to Animals Act.-1908.

( e ) I n any operation of the nature of an inoculation or of a

feeaing experiment.

(2) The exemption in this section contained shall not take exemptiona. C0ndit'onmf

effect -

( a ) In any case of ill-treatment; or

( h ) In any case of vivisection or other experiment as described

in subsection ( d ) wherein the following conditions are

neglected, that is to say :-

I. The operation shall be performed in accordance with the said

regulations:

IT. The animal subject to the operation shall during the whole

time thereof be so under the influence of	some an~sthe t ic
as to be insensible to pain:

1 1 1. When the animal has in the course of the operation been so

injured that its recovery would invol~e	serious suffering, i t
shall be destroyed while still insensible.

19. (1) The Governor may make regulations not inconsistent Regulationp*

with this Act prescribing all matters which by this Act are required or permitted to be prescribed, or a s may be necessary or con~enient to be prescribed for giving effect to this Act.

(2) All such regulations shall-

(a) Be published in the Government Gazette.

(6) Take effect from the date of such publication, or from a

later date to be specified therein; and

(c) lle laid before both Houses of Parliament within four-

teen days after publication, if Parliament be then in

(3) Any regulations made under this Act may prescribe penalties

not exceeding in any case the sum of Twenty Pounds for any in-

fringement of such or other regulations made under this Act.

Session, and if not, then within fourteen days after the commencement of the next Session.

(4) Notwithstanding any publication thereof, no regulation shall continue to have any force or effect if the same shall be disapproved, either wholly or in part, by resolution of either House of Parlia- ment within thirty days after such regulations shall have been laid before Parliament, if Parliament shall be so long in Session: Pro- vided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it, then no regula- tion shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commence- ment of the next Session of Parliament.

' 8 EDWARDI VII, No. 956.

The Prevention of Cruelty to Animals Act.-1908.

Procedure.

20. All proceedhgs in respect of offences against this Act shall be heard and determined under Ordinance No. 6 of 11360 and any Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders.

Appeal.

21. There shall be an appeal from any order or conviction or any dismissal of any complaint or information in any proceedings under this Act, and such appeal ahall be to the Local Court of Adelaide in its Full Jurisdiction, or to the Local Court of Full Jurisdiction nearest to where the offence was committed, and shall be heard and determined in manner provided by the said Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4 and any other Act for the time being in force as to appeals to Local Courts.

I n the name and on behalf of His Majesty, I hereby assent to

this Bill.

GEORGE R. LE HUNTE, Governor.

ddelaide: By authority, 0. E. BRIBTOW, Government Printer, North Terrace,