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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Prevention of Cruelty to Animals
Amendment Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Prevention of Cruelty to Animals Act
1979 No 200 3
b2012-086-43.d13
New South Wales
Prevention of Cruelty to Animals
Amendment Bill 2012
No , 2012
A Bill for
An Act to amend the Prevention of Cruelty to Animals Act 1979 to make provision
with respect to the seizure and disposal of certain stock animals; and for other
purposes.
Clause 1 Prevention of Cruelty to Animals Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Prevention of Cruelty to Animals Amendment Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Prevention of Cruelty to Animals Amendment Bill 2012
Amendment of Prevention of Cruelty to Animals Act 1979 No 200 Schedule 1
Schedule 1 Amendment of Prevention of Cruelty to 1
Animals Act 1979 No 200 2
[1] Section 4 Definitions 3
Insert in alphabetical order in section 4 (1): 4
function includes a power, authority or duty, and exercise a 5
function includes perform a duty. 6
[2] Part 2B 7
Insert after Part 2A: 8
Part 2B Power of Director-General to authorise 9
seizure and disposal of stock animals 10
24O Application and interpretation 11
(1) This Part applies only in relation to a stock animal depastured on 12
rateable land (within the meaning of the Rural Lands Protection 13
Act 1998). 14
(2) In this Part, a reference to an animal is taken to be a reference 15
only to a stock animal referred to in subsection (1). 16
(3) For the purposes of this Part, an animal is in distress if it is 17
suffering from exposure to the elements, debility, exhaustion or 18
significant physical injury. 19
(4) In this Part: 20
inspector means an inspector within the meaning of Division 2 of 21
Part 2A. 22
official warning--see section 24P. 23
Stock Welfare Panel or Panel means a Stock Welfare Panel 24
constituted in accordance with section 24T. 25
24P Official warning of intention to authorise seizure and disposal of 26
stock animals 27
(1) The Director-General may issue an official warning in respect of 28
an animal if the Director-General suspects, on reasonable 29
grounds, that the animal is in distress, or is likely to become 30
distressed, because it has not been provided with necessary 31
veterinary treatment, or proper and sufficient food, drink or 32
shelter. 33
Page 3
Prevention of Cruelty to Animals Amendment Bill 2012
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
(2) An official warning is a written notice, to the owner or person in 1
charge of the animal, that the Director-General intends to 2
authorise the seizure and disposal of the animal if the action 3
required to be taken by the notice in relation to the animal's 4
welfare is not taken within the period required by the notice. 5
(3) Before issuing an official warning, the Director-General must: 6
(a) constitute a Stock Welfare Panel to assess, and report to 7
the Director-General on, the state of and appropriate care 8
for the animal and any other matter concerning its welfare 9
that the Director-General considers appropriate, and 10
(b) consider the Panel's report. 11
(4) If the Director-General issues an official warning, the Panel is to: 12
(a) monitor compliance with the official warning, and 13
(b) on the expiry of the period for compliance required by the 14
official warning, assess, and report to the Director-General 15
on, compliance with the official warning, and appropriate 16
action to be taken in relation to the animal. 17
(5) An inspector may, for the purpose of assisting the Panel in the 18
exercise of its functions under this section: 19
(a) enter any land on which the animal is kept, and 20
(b) examine the animal. 21
(6) The Director-General may, by further written notice to the owner 22
or person in charge of an animal: 23
(a) revoke an official warning, or 24
(b) extend the period for compliance with an official warning. 25
(7) A single official warning may be issued in respect of more than 26
one animal. 27
24Q Seizure and disposal of stock animals 28
(1) The Director-General may, by order in writing, authorise an 29
inspector to seize and dispose of an animal (by way of sale or 30
otherwise) if, after considering the Panel's report on compliance 31
with an official warning, the Director-General is satisfied: 32
(a) that the action required to be taken by the official warning 33
in relation to the animal's welfare has not been taken, and 34
(b) that the animal remains in distress or likely to become 35
distressed. 36
Page 4
Prevention of Cruelty to Animals Amendment Bill 2012
Amendment of Prevention of Cruelty to Animals Act 1979 No 200 Schedule 1
(2) An inspector authorised to seize and dispose of an animal under 1
this section may: 2
(a) enter any land on which the animal is kept, and 3
(b) seize and dispose of the animal in accordance with the 4
authorisation. 5
(3) The inspector must: 6
(a) produce to the owner or person in charge of the animal a 7
copy of the order authorising the seizure and disposal, if 8
requested to do so, and 9
(b) provide the owner or person in charge of the animal with a 10
receipt acknowledging seizure of the animal, if the owner 11
or person is present and it is reasonably practical to do so. 12
(4) Compensation is not recoverable against any person in respect of 13
the seizure or disposal of an animal in accordance with this 14
section. 15
(5) An animal may not be sold or otherwise disposed of under this 16
section if: 17
(a) any proceedings in respect of the animal for an offence 18
against this Act or the regulations have been commenced 19
but have not been finally determined, or 20
(b) an order has been made by a court under section 30 or 31 21
in respect of the destruction or other disposal of the animal. 22
(6) A single order may be made under this section in respect of more 23
than one animal. 24
(7) Section 31A does not apply to a sale of an animal under this 25
section. 26
24R Recovery of costs of seizure and disposal 27
(1) An inspector may certify the costs and expenses incurred by an 28
enforcement authority in connection with the seizure, keeping 29
and sale or other disposal of an animal under section 24Q (the 30
certified disposal costs). 31
(2) A single certificate may be issued in respect of more than one 32
animal. 33
(3) The proceeds of any sale of an animal under section 24Q are to 34
be applied towards the certified disposal costs. 35
(4) The balance (if any) of the proceeds of sale is to be paid to the 36
former owner of the animal. 37
Page 5
Prevention of Cruelty to Animals Amendment Bill 2012
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
(5) The certified disposal costs or the balance of the certified 1
disposal costs after applying the proceeds of sale are recoverable 2
in a court of competent jurisdiction by a person acting on behalf 3
of the enforcement authority as a debt payable to the enforcement 4
authority. 5
(6) The Director-General may authorise a person or class of persons 6
to act on behalf of the Crown under this section. 7
(7) In this section, enforcement authority means: 8
(a) in the case of an animal seized by an officer of an approved 9
charitable organisation, the charitable organisation, or 10
(b) in any other case, the Crown. 11
24S Purchaser acquires good title 12
If an animal is sold under section 24Q: 13
(a) the purchaser acquires a good title to the animal, and 14
(b) the interest of the former owner or any other person who 15
had an interest in the animal is extinguished. 16
24T Stock Welfare Panels 17
(1) A Stock Welfare Panel is to consist of the following members: 18
(a) an inspector, 19
(b) at least one officer of the Department with expertise in 20
animal welfare or livestock management, 21
(c) at least one representative of a livestock health and pest 22
authority, with expertise in animal welfare or livestock 23
management, 24
(d) such other person or persons as the regulations may 25
prescribe. 26
(2) The procedure of a Panel is to be as determined by the 27
Director-General. 28
24U Exclusion of personal liability 29
Anything done or omitted to be done by the Director-General, a 30
member of a Stock Welfare Panel or an inspector in exercising 31
the functions conferred or imposed under this Part does not, if the 32
thing was done or omitted to be done in good faith, subject the 33
Director-General, member or inspector personally to any action, 34
liability, claim or demand. 35
Page 6
Prevention of Cruelty to Animals Amendment Bill 2012
Amendment of Prevention of Cruelty to Animals Act 1979 No 200 Schedule 1
24V Powers conferred on inspectors 1
(1) Sections 24C, 24E (2), 24L and 24M apply in relation to the 2
powers conferred on inspectors by this Part in the same way as 3
they apply in relation to powers conferred by Part 2A. 4
(2) An inspector who has entered land under a power conferred by 5
this Part may exercise a power conferred by Part 2A. 6
[3] Section 34C 7
Insert after section 34B: 8
34C Delegation by Director-General 9
The Director-General may delegate the exercise of any function 10
of the Director-General under this Act (other than this power of 11
delegation) to any member of staff of the Department. 12
[4] Schedule 2 Savings and transitional provisions 13
Insert at the end of clause 1 (1): 14
any other Act that amends this Act 15
Page 7
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