Prevention of Cruelty to Animals Act 1979 (NSW)

Prevention of Cruelty to Animals Act 1979 No 200

An Act for the prevention of cruelty to animals and for the promotion of their welfare.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Prevention of Cruelty to Animals Act 1979.

2 Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 Objects of Act The objects of this Act are— (a) to prevent cruelty to animals, and (b) to promote the welfare of animals by requiring a person in charge of an animal— (i) to provide care for the animal, and (ii) to treat the animal in a humane manner, and (iii) to ensure the welfare of the animal, and (c) to promote the welfare of dogs and cats by requiring information about them to be provided when they are advertised for sale.

4 Definitions (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— adult dog means a dog that is more than 6 months of age, but does not include a racing greyhound. animal means— (a) a member of a vertebrate species including any— (i) amphibian, or (ii) bird, or (iii) fish, or (iv) mammal (other than a human being), or (v) reptile, or (b) a crustacean but only when at a building or place (such as a restaurant) where food is prepared or offered for consumption by retail sale in the building or place. animal cruelty offence means— (a) an offence under this Act or the regulations in relation to an animal, or (b) an offence against section 79, 80, 530 or 531 of the Crimes Act 1900. animal trade means a trade, business or profession in the course of which any animal is kept or used for a purpose prescribed for the purposes of this definition. appointed inspector means an officer appointed as an inspector under section 24AA(2). appointed officer—see section 24AA(1). approved charitable organisation means a charitable organisation for the time being approved by the Minister in accordance with section 34B. authorise includes direct and permit. BIN means a breeder identification number allocated under the Companion Animals Act 1998. bull includes ox, bullock, steer, cow, heifer and calf. bull-fight includes any exhibition, spectacle or display (whether or not conducted for the purpose of gain) in which a person— (a) commits an act of cruelty upon a bull, (b) teases a bull, or does any other thing in relation to a bull, in a manner that is likely to cause the bull to fight or to suffer pain or injury, or (c) attempts to do any of the things mentioned in paragraph (a) or (b), whether or not for the purpose of causing the bull to fight. cage includes a pit, pen, kennel, hutch and any other similar receptacle. cat means an animal which is a member of the family Felidae. charitable organisation means— (a) the Royal Society for the Prevention of Cruelty to Animals, New South Wales, and (b) any other organisation or association which has as one of its objects the promotion of the welfare of, or the prevention of cruelty to, animals, or any class of animals, and which is a non-profit organisation having as one of its objects a charitable, benevolent, philanthropic or patriotic purpose. confine, in relation to an animal, includes— (a) keep the animal in captivity by means of a cage or by any other means, (b) pinion, mutilate or maim the animal for the purpose of hindering, impeding or preventing the freedom of movement of the animal, (c) subject the animal to a device or contrivance for the purpose of hindering, impeding or preventing the freedom of movement of the animal, and (d) tether the animal by means of a rope, chain or cord or by any other means. Department means Regional NSW. dog includes a bitch and a puppy. dog premises—see section 4A. domestic animal means an animal which is tame or which has been, or is being, sufficiently tamed to serve some purpose for the use of human beings, or which, although it neither has been nor is being nor is intended to be so tamed, is or has become in fact wholly or partly tame. function includes a power, authority or duty, and exercise a function includes perform a duty. greyhound racing has the same meaning as in the Greyhound Racing Act 2017. greyhound racing industry participant means a greyhound racing industry participant, within the meaning of the Greyhound Racing Act 2017, who is registered under that Act. horse includes a stallion, gelding, mare, colt, filly, foal, pony, mule, donkey, ass and jenny. occupier, of premises, means a person who manages or controls the premises. officer means the following— (a) a member of the police force or an inspector within the meaning of the Animal Research Act 1985, (b) an appointed officer, (b1) an inspector within the meaning of the Greyhound Racing Act 2017. (c) (Repealed) owner includes a joint owner. pain includes suffering and distress. person in charge, in relation to an animal, includes— (a) the owner of the animal, (b) a person who has the animal in the person's possession or custody, or under the person's care, control or supervision, (c) where a person referred to in paragraph (b) is bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal, that servant or agent, as the case may be, and (d) where the animal, being a stock animal, is confined in a sale-yard— (i) the owner of the sale-yard, or (ii) where the sale-yard is the subject of a lease, the lessee of the sale-yard. pinion, in relation to an animal, means cut off the pinion of a wing of a bird or otherwise disable the wing or wings of a bird. premises means any place which is not a public place. public place means any place, including any road, to which the public has its own right to resort. racing greyhound means a greyhound owned or kept— (a) in connection with greyhound racing, or (b) by a greyhound racing industry participant. regulation means a regulation made under this Act. rehoming organisation has the same meaning as in the Companion Animals Act 1998. RON means a rehoming organisation number allocated under the Companion Animals Act 1998. sale-yard means any premises or public place used or established for use wholly or partly for the sale of stock animals. Secretary means the Secretary of the Department. serious interstate animal offence means an offence against the following legislation— (a) the Crimes Act 1900 of the Australian Capital Territory, section 63A, (b) the Criminal Code Act 1983 of the Northern Territory, section 138, (c) the Criminal Code Act 1899 of Queensland, Schedule 1, section 211 or 242, (d) the Criminal Law Consolidation Act 1935 of South Australia, section 69, (e) the Criminal Code Act 1924 of Tasmania, section 122, (f) the Crimes Act 1958 of Victoria, section 54A, (g) the Criminal Code Act Compilation Act 1913 of Western Australia, section 181. staff member, in relation to dog premises, means a person who is over 14 years of age and is involved in breeding, or providing care, food or water to, dogs at the dog premises, including the following persons, regardless of whether the persons work on a full-time basis or not— (a) an employee of the dog premises, (b) a volunteer at the dog premises, (c) an owner or occupier of the dog premises, (d) a family member of the owner or occupier. stock animal means an animal which belongs to the class of animals comprising cattle, horses, sheep, goats, deer, pigs, poultry and any other species of animal prescribed for the purposes of this definition. veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003. veterinary treatment, in relation to an animal, means— (a) medical treatment of a prophylactic or therapeutic nature carried out upon the animal by, or in accordance with directions given in respect of the animal by, a veterinary practitioner, or (b) surgical treatment of a prophylactic or therapeutic nature, or sterilisation, carried out upon the animal by a veterinary practitioner, or (c) a veterinary diagnostic procedure carried out on the animal by a veterinary practitioner, or (d) a veterinary consultation undertaken in respect of the animal by a veterinary practitioner. working dog has the same meaning as in the Companion Animals Act 1998.