Animal Cruelty Nsw

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Laws related to Animal Cruelty –

 

 

New South Wales – PREVENTION OF CRUELTY TO ANIMALS ACT 1979

SECT 8 Animals to be provided with food, drink or shelter

(1) A person in charge of an animal shall not fail to provide the animal with food, drink or shelter, or any of them, which, in each case, is proper and sufficient and which it is reasonably practicable in the circumstances for the person to provide.

Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

(2) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with clean water during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient drink during that period.

(3) In any proceedings for an offence against subsection (1), evidence that an animal was not provided with food or shelter during a period of 24 hours (or, in the case of an animal of a class prescribed by the regulations, during the period prescribed for that class of animal) is evidence that the person accused of the offence has failed to provide the animal with proper and sufficient food or shelter during that period.

(4) Before commencing proceedings for an offence against subsection (1) in respect of a stock animal depastured on rateable land (within the meaning of the Local Land Services Act 2013 ), the prosecution must obtain advice from Local Land Services and the Department about the state of the animal (if practicable) and the appropriate care for it.

(5) The prosecution may, with leave of the court granted in such circumstances as the court considers just, commence or continue proceedings for an offence against subsection (1), despite having failed to comply with subsection (4).

 

  • SECTION 9 Confined animals to be exercised
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    (1) A person in charge of an animal which is confined shall not fail to provide the animal with adequate exercise.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (1A) Subsection (1) does not apply to a person in charge of an animal if the animal is:
    (a) a stock animal other than a horse, or
    (b) an animal of a species which is usually kept in captivity by means of a cage.
    (2) In any proceedings for an offence against subsection (1), evidence that an animal referred to in that subsection was not released from confinement during a period of 24 hours is evidence that the person accused of the offence has failed to provide the animal with adequate exercise during that period.
    (3) A person in charge of an animal (other than a stock animal) shall not confine the animal in a cage of which the height, length or breadth is insufficient to allow the animal a reasonable opportunity for adequate exercise.
    Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (4) In any proceedings for an offence against subsection (3) in respect of an animal, the person accused of the offence is not guilty of the offence if the person satisfies the court that the person confined the animal:
    (a) for the purpose of:
    (i) carrying or conveying the animal, or
    (ii) displaying the animal in a public exhibition or public competition,
    in a manner that inflicted no unnecessary pain upon the animal, and
    (b) for a period not exceeding 24 hours.

  • SECTION 10 Tethering of animals
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    (1) A person shall not:
    (a) tether an animal, or
    (b) where the person is a person in charge of an animal–authorise the tethering of the animal,
    for an unreasonable length of time or by means of an unreasonably heavy, or unreasonably short, tether.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (2) A person must not tether a sow in a piggery.
    Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (3) A person must not confine a bird by means of a tether.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (4) It is a defence to a prosecution for an offence against subsection (3) if the defendant satisfies the court that the bird to which the offence relates was a raptor and that the tether involved was a jess that was used solely to tether the bird to its handler.

  • SECTION 11 Animals not to be abandoned
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    A person shall not abandon an animal.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

  • SECTION 12 Certain procedures not to be performed on animals
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    (1) A person shall not:
    (a) dock the tail of a horse, bull, ox, bullock, steer, cow, heifer, calf or dog,
    (b) crop the ears of a dog,
    (c) operate upon a dog for the purpose of preventing the dog from being able to bark,
    (d) remove one or more of the claws of a cat,
    (e) grind, trim or clip one or more teeth of a sheep,
    (f) perform a clitoridectomy on a greyhound, or
    (g) fire or hot iron brand the face of an animal.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (2) A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence:
    (a) was docking the tail of a calf less than 6 months old when the offence was alleged to have been committed, or
    (b) was:
    (i) docking the tail of a cow, heifer or female calf,
    (ii) operating upon a dog for the purpose of preventing the dog from being able to bark,
    (iii) removing one or more of the claws of a cat,
    (iv) grinding, trimming or clipping one or more teeth of a sheep,
    (v) performing a clitoridectomy on a greyhound, or
    (vi) firing or hot iron branding the face of an animal,
    by a veterinary practitioner,
    and the procedure was performed in the prescribed circumstances and in accordance with any conditions specified in the regulations.
    (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 practitioner and was in the interests of the dog’s welfare.
    (3) In this section:

    “clip” the tooth of a sheep means breaking off the crown of a tooth with pliers or another tool or implement.
    “dock” the tail of an animal means to remove all or part of the tail of the animal (other than a part of the tail consisting only of fur, hair, feathers or the like) whether by surgical or other means.
    “grind” the tooth of a sheep means grinding down a tooth with an electric angle grinder or another tool or implement.
    “trim” the tooth of a sheep means cutting off a tooth with an abrasive disc or another tool or implement.
    .

  • SECTION 13 Certain animals not to be ridden etc.
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    A person shall not:
    (a) ride, drive, use, carry or convey an animal, or
    (b) where the person is a person in charge of an animal–authorise the riding, driving, using, carrying or conveying of the animal,
    if the animal is unfit for the purpose of its being so ridden, driven, used, carried or conveyed.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual

  • SECTION 14 Injuries to animals to be reported
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    The driver of a vehicle which strikes and injures an animal (other than a bird) shall not fail:
    (a) where, in consequence of the injury, pain has been inflicted upon the animal–to take reasonable steps to alleviate the pain, and
    (b) where that driver believes, or ought reasonably to believe, that the animal is a domestic animal–to inform, as soon as practicable, an officer or a person in charge of the animal that the animal has been injured.
    Maximum penalty: 50 penalty units or imprisonment for 6 months, or both

  • SECTION 15 Poisons not to be administered to animals
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    (1) In this section,
    “poison” includes:
    (a) a substance included in the list, as in force for the time being, proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966 (or a substance that includes such a substance), or
    (b) a substance containing glass or any other thing likely to kill or injure an animal.
    (2) A person shall not:
    (a) administer a poison, or a substance containing a poison, to a domestic animal,
    (b) with the intention of destroying or injuring a domestic animal, throw, cast, drop, leave or lay a poison, or a substance containing a poison, in any place, or
    (c) have in his or her possession a poison with the intention of using it to kill or injure a domestic animal.
    Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.

  • SECTION 16 Certain electrical devices not to be used upon animals
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    (1) In this section:

    “electrical device” means a device of a type prescribed by the regulations.

    “sell” includes:
    (a) auction or exchange,
    (b) offer, expose, supply or receive for sale, and
    (c) send, forward or deliver for sale or on sale.
    (2) A person shall not:
    (a) use an electrical device upon an animal,
    (b) sell any electrical device, or
    (c) have in his or her possession or custody any electrical device.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (3) Nothing in subsection (2) prevents a person from:
    (a) using an electrical device upon an animal belonging to a prescribed species, or
    (b) selling or having in his or her possession or custody an electrical device for use upon an animal belonging to a prescribed species.

  • SECTION 17 Certain spurs etc. or implements designed for fighting not to be kept
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    A person shall not have in his or her possession or custody:
    (a) any spur, or any other similar appliance, which has sharpened rowels, or
    (b) any article, implement or other thing made or adapted, or intended by the person to be used, for attachment to an animal for the purpose of:
    (i) training the animal to fight another animal, or
    (ii) increasing the ability of the animal to inflict injury on another animal during fighting.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

  • SECTION 18 Animal baiting and fighting prohibited
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    (1) A person shall not:
    (a) use any place, or manage or control any place which is used,
    (b) authorise any place to be used, or
    (c) receive money for the admission of another person to any place which is used,
    for the purpose of conducting a bull-fight, baiting an animal or causing an animal to fight.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (2) A person must not:
    (a) cause, procure, permit, encourage or incite a fight in which one or more animals are pitted against another animal or animals, whether of the same species or not, or
    (b) advertise the intention to conduct such a fight, or
    (c) promote, organise or attend such a fight.
    Maximum penalty: 250 penalty units in the case of a corporation or 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (3) In any proceedings under subsection (2), evidence that the defendant was present at a place at which a fight of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the fight.

  • SECTION 18A Bull-fighting prohibited
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    A person shall not advertise, promote or take part in a bull-fight.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

  • SECTION 19 Trap-shooting prohibited
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    A person shall not advertise, promote or take part in a match, competition or other activity in which an animal is released from confinement for the purpose of that person, or any other person, shooting at it.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

  • SECTION 19A Game parks prohibited
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    (1) In this section:
    “animal” does not include a bird, reptile, amphibian or fish.
    “game park” means premises within the boundaries of which:
    (a) animals are confined, and
    (b) the taking or killing of those animals as a sport or recreation is permitted by virtue of the payment of an admission fee or the giving of other consideration.
    “take” , in relation to any animal, includes hunt, shoot, poison, net, snare, spear, pursue, capture and injure the animal.
    (2) A person shall not:
    (a) use any premises, or manage or control any premises which are used,
    (b) authorise any premises to be used, or
    (c) receive money or any other consideration for the admission of another person to any premises which are used,
    for the purposes of a game park.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (3) A person admitted to a game park by virtue of the payment of an admission fee or the giving of other consideration shall not take or kill any animal in the game park.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
    (4) Nothing in this section applies to:
    (a) such animals, or
    (b) the taking or killing of animals in such circumstances by such persons or in or on such premises, as may be prescribed for the purposes of this section
  • SECTION 20 Certain animal-catching activities prohibited
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    A person shall not advertise, promote or take part in a match, competition or other activity in which an animal is released from confinement for the purpose of that person, or any other person, chasing, catching or confining it.
    Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.

FAQs

  • Police has to prove-
    a. That the accused is the owner of the pet.
    b. Accused has abandon the pet and for a good amount of time the accused is not been in touch.
    c. Accused has done without taking any permission from any legal authority.
  • Magistrate Court will give justice to this type of matters.
  • Every animal that usually lives in a domestic environment must live and grow to a rhythm natural to his species; and Any change to this rhythm and conditions dictated by man for mercantile & cruel purpose, is a contradiction of the law. No animal should be submitted to bad treatment or cruel actions; If the death of an animal is necessary, this should be sudden and without fear or pain.
  • Cruelty has never been confined to cases of personal danger but has been judged by the wider and more reasonable criterion. Every being is having life and they suffer if the pain is given to them. Pain is the feeling which has been expressed through the unwanted action given by such person who is not fit to be in the society.

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