New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 31A

31A Sale of certain animals by charitable organisations

(1) This section applies in respect of the following--

(a) an animal retained by an appointed officer who is an employee of a charitable organisation in accordance with this Act, other than an animal seized under section 24CB,

(b) a stray or abandoned animal delivered to or otherwise coming into the possession of a charitable organisation,

(c) an animal surrendered to a charitable organisation.

(1A) A charitable organisation may sell or rehouse, either permanently or temporarily, an animal to which this section applies (other than an animal that was surrendered by its owner to the charitable organisation), or cause any such animal to be humanely killed and its body disposed of, if--

(a) the animal has been kept by the charitable organisation for a period of not less than 21 days, and

(b) the charitable organisation has made reasonable inquiries to find the owner or person in charge of the animal, and

(c) within that 21-day period, the owner or person in charge of the animal has not been found or come forward to claim the animal or has refused to take care of the animal.

(1B) A charitable organisation may at any time sell or rehouse, either permanently or temporarily, an animal to which this section applies that was surrendered by its owner to the charitable organisation, or cause any such animal to be humanely killed and its body disposed of.

(2) When an animal is sold in accordance with this section--

(a) the purchaser acquires a good title to the animal, and

(b) the interest of the former owner or any other person who had an interest in the animal is extinguished.

(3) Compensation is not recoverable against any person or organisation in respect of the sale or other disposal of an animal in accordance with this section.

(4) An animal may not be sold or otherwise disposed of under this section if--

(a) any proceedings in respect of the animal for an offence against this Act or the regulations have been commenced but have not been finally determined, or

(b) an order has been made by a court under section 30 or 31 in respect of the destruction or other disposal of the animal.

(5) Nothing in this section authorises a charitable organisation to sell or rehouse a dog that is a restricted dog within the meaning of the Companion Animals Act 1998 .