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PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 36 (2))

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
Prevention of Cruelty to Animals Amendment Act 1997
Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004
Prevention of Cruelty to Animals Amendment Act 2005
Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007
Prevention of Cruelty to Animals Amendment Act 2009
any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

1A Definition

In this Part,
"commencement day" means the day appointed and notified under section 2 (2).

3 References in other Acts

On and from the commencement day, a reference in any other Act to the Prevention of Cruelty to Animals Act 1901 shall be read and construed as a reference to the Prevention of Cruelty to Animals Act 1979 .

Part 3 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment Act 1997

4 Certain charitable organisations taken to be approved for interim period

(1) A charitable organisation (including the Royal Society for the Prevention of Cruelty to Animals, New South Wales and the Animal Welfare League) whose officers were authorised under this Act immediately before the commencement of section 34B is taken to be an approved charitable organisation for a period of 3 months after that commencement.
(2) Nothing in this clause prevents--
(a) a charitable organisation from applying to the Minister for approval under section 34B at any time after its commencement, or
(b) the Minister from making an order under section 34B (2) in relation to a charitable organisation referred to in subclause (1) at any time.

5 Transitional arrangement--reports of approved charitable organisations

A charitable organisation that is approved, or taken to be approved, under section 34B is not required, despite that section, to provide the Minister with a report of the exercise by its officers of law enforcement powers under this Act for the period ended 30 June 1997.

Part 4 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment Act 2005

6 Inspectors

An officer who, immediately before the repeal of section 25, 26 or 26A, was the holder of a prescribed authority issued for the purposes of that section is taken on and from that repeal to have been issued with an authority by the Minister as referred to in the definition of
"inspector" in section 24D (1).

7 Proceedings for offences

(1) The repeal of section 24 (1) (d) does not affect any proceedings for an offence committed before the repeal.
(2) Section 34 (4) applies to offences whether committed before, on or after the commencement of that subsection.

Part 5 - Provision consequent on enactment of Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007

8 Proceedings for offences

Section 34AA does not apply to offences committed before the commencement of that section.

Part 6 - Provision consequent on enactment of Police Legislation Amendment (Special Constables) Act 2013

9 Existing officers

A person who was an officer within the meaning of paragraph (b) of the definition of
"officer" in section 4 (1) immediately before the substitution of that paragraph by the Police Legislation Amendment (Special Constables) Act 2013 is, on that substitution, taken to have been appointed by the Minister as an officer for the purposes of this Act.

Part 7 - Provision consequent on enactment of Local Land Services Act 2013

10 Members of Stock Welfare Panels

A person who held office as a member of a Stock Welfare Panel under section 24T (1) (c) as in force immediately before it was amended by the Local Land Services Act 2013 is taken to have been appointed under section 24T (1) (c) as amended by that Act.

Part 8 - Provisions consequent on enactment of Companion Animals and Other Legislation Amendment Act 2018

11 Meaning of "amending Act"

In this Part--

"amending Act" means the Companion Animals and Other Legislation Amendment Act 2018 .

12 Extension of operation of amendment about court orders relating to certain costs or caring for and maintaining animals

Section 30A, as substituted by the amending Act, extends to proceedings commenced, but not finally determined, before the substitution of that section.

13 Extension of operation of amendment about court orders relating to convicted persons

Section 31 (1) (c), as inserted by the amending Act, extends to proceedings commenced, but not finally determined, before the commencement of that paragraph.

Part 9 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment Act 2021

14 Meaning of "amending Act"

In this Part--

"amending Act" means the Prevention of Cruelty to Animals Amendment Act 2021 .

15 Orders available to the court and alternative summons

Sections 29, 30, 30A, 31 and 33, as amended by the amending Act, extend to permit the orders referred to in those sections to be made even if the relevant proceedings commenced before the commencement of the amending Act.

16 Interim disqualification orders

Section 30B, as inserted by the amending Act, extends to proceedings commenced, but not finally determined, before the commencement of the amending Act.

Part 10 - Provision consequent on enactment of Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024

17 Appointed officers and inspectors

(1) A person who, immediately before the commencement of the amendment Act, Schedule 1[3], held office as an officer under section 4(1), definition of
"officer" , paragraph (b) or (c) continues to hold office as if the person were appointed under Part 2A, Division 1AA, as inserted by the amendment Act.
(2) A person who, immediately before the commencement of the amendment Act, Schedule 1[3], held office as an inspector under section 24D(1), definition of
"inspector" , paragraph (a) continues to hold office as if the person were appointed under Part 2A, Division 1AA, as inserted by the amendment Act.
(3) In this clause--

"amendment Act" means the Prevention of Cruelty to Animals Amendment (Transparency and Fit and Proper Persons) Act 2024 .

Part 11 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment (Puppy Farming) Act 2024

18 Maximum number of female adult dogs for existing breeders

(1) A person does not breach section 23D if the number of female adult dogs kept on the dog premises is no more than the number of female adult dogs that were kept on the dog premises immediately before the commencement of the section.
(2) This clause applies to female adult dogs to which section 23D applies.
(3) This clause is repealed on 1 December 2025.



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