Prevention of Cruelty to Animals Act 1979 No 200

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.

approved charitable organisation means a charitable organisation for the time being approved by the Minister in accordance with section 34B.

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),

(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.

(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.

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.

(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 , or

(c) (Repealed)

(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—

(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.

sale-yard means any premises or public place used or established for use wholly or partly for the sale of stock animals.

(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.

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.

(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.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of this Act, a reference to an act of cruelty committed upon an animal includes a reference to any act or omission as a consequence of which the animal is unreasonably, unnecessarily or unjustifiably—

(a) beaten, kicked, killed, wounded, pinioned, mutilated, maimed, abused, tormented, tortured, terrified or infuriated,

(b) over-loaded, over-worked, over-driven, over-ridden or over-used,

(c) exposed to excessive heat or excessive cold, or

(d) inflicted with pain.

(2A) For the purposes of subsection (2) (a), the pinioning of a bird is not an act of cruelty if it is carried out in the manner prescribed by the regulations.

(3) For the purposes of this Act, a person commits an act of aggravated cruelty upon an animal if the person commits an act of cruelty upon the animal or (being the person in charge of the animal) contravenes section 5 (3) in a way which results in—

(b) the animal being so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive.

(4) Notes included in this Act do not form part of this Act.

s 4: Am 1985 No 79, Sch 1 (1); 1985 No 124, Sch 1 (1); GG No 155 of 15.11.1985, p 6008; 1987 No 160, Sch 1 (1); 1988 No 20, Sch 15 (1); 1991 No 69, Sch 1; 1997 No 83, Sch 1 [2]–[5]; 2003 No 87, Sch 3.20 [1]–[3]; 2005 No 50, Sch 1 [1]–[4]; 2007 No 94, Sch 2; 2010 No 59, Sch 2.76 [1] [2]; 2011 No 62, Sch 2.25; 2012 No 69, Sch 1 [1]; 2013 No 56, Sch 3.5 [1]; 2015 No 15, Sch 1.20 [2]; 2015 No 58, Sch 3.72 [1] [2]; 2017 No 13, Sch 6.2 [1]; 2018 No 27, Sch 2 [3]; 2020 No 30, Sch 3.32; 2021 No 15, Sch 1[1] [2]; 2022 No 69, Sch 1[1] [2]; 2024 No 51, Sch 1[1] [2].

Section 9 (1) of the Veterinary Practice Act 2003 makes it an offence for a person to do a restricted act of veterinary science except in certain circumstances. Restricted act of veterinary science is defined in section 7 of that Act.

(1) A person shall not commit an act of cruelty upon an animal.

(2) A person in charge of an animal shall not authorise the commission of an act of cruelty upon the animal.

(3) A person in charge of an animal shall not fail at any time—

(a) to exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal,

(b) where pain is being inflicted upon the animal, to take such reasonable steps as are necessary to alleviate the pain, or

(c) where it is necessary for the animal to be provided with veterinary treatment, whether or not over a period of time, to provide it with that treatment.

(a) for a corporation—2,000 penalty units, or

(b) for an individual—400 penalty units or imprisonment for 1 year, or both.

s 5: Subst 1987 No 160, Sch 1 (2). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6]; 2021 No 15, Sch 1[3].

(1) A person shall not commit an act of aggravated cruelty upon an animal.

(b) for an individual—1,000 penalty units or imprisonment for 2 years, or both.

(2) In any proceedings for an offence against subsection (1), the court may—

(b) where it is satisfied that that person is guilty of an offence against section 5 (1),

s 6: Am 1987 No 160, Sch 2 (1); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [7]; 2003 No 54, Sch 1 [1]; 2007 No 94, Sch 1.79 [1]; 2021 No 15, Sch 1[4].

(1) A person shall not—

(b) where the person is a person in charge of an animal—authorise the carriage or conveyance of the 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) Without limiting the generality of subsection (1), a person shall not—

(b) where the person is a person in charge of the horse—authorise the carriage or conveyance of a horse on a multi-deck vehicle.

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.

(2A) Without limiting subsection (1), a person must not carry or convey a dog (other than a dog being used to work livestock), on the open back of a moving vehicle on a public street unless the dog is restrained or enclosed in such a way as to prevent the dog falling from the vehicle.

(3) In this section—

(b) on which animals are carried or conveyed in two or more layered sections.

s 7: Am 1987 No 160, Sch 1 (3); 1988 No 92, Sch 17 (1); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [8].

(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.

(b) for an individual—150 penalty units or imprisonment for 6 months, or both.

(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 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).

s 8: Am 1987 No 160, Sch 1 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [9]–[12]; 2001 No 112, Sch 2.28; 2008 No 112, Sch 6.24; 2010 No 59, Sch 2.76 [3]; 2013 No 51, Sch 7.40 [1]; 2020 No 30, Sch 1.33[1]; 2021 No 15, Sch 1[5].

(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—

(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—

(ii) displaying the animal in a public exhibition or public competition,

(b) for a period not exceeding 24 hours.

s 9: Am 1987 No 160, Sch 1 (5); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [13]; 2007 No 94, Sch 1.79 [1].

(1) A person shall not—

(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.

s 10: Am 1987 No 160, Sch 2 (2); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [14]; 2005 No 50, Sch 1 [5] [6]; 2007 No 94, Sch 1.79 [1].

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.

(1) A person shall not—

(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

(a1) (Repealed)

(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,

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.

s 12: Am 1987 No 160, Schs 1 (6), 2 (4); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [15]–[22]; 2003 No 87, Sch 3.20 [2]; 2004 No 24, Sch 1 [1]–[3]; 2006 No 120, Sch 2.73; 2007 No 27, Sch 1.43.

(1) A veterinary practitioner who carries out a procedure referred to in section 12 (1) shall, not later than 7 days after carrying out the procedure, enter the prescribed particulars of the procedure in a register kept in the prescribed form by the veterinary practitioner or the employer of the veterinary practitioner.

(2) A register containing the prescribed particulars of a procedure shall be kept by—

(b) if the veterinary practitioner who carried out the procedure did so in the course of employment by another person, by that employer or former employer,

(3) A person shall, at the request of an officer, make available for inspection by the officer any register required to be kept by the person under this section.

(4) Nothing in subsection (3) limits the powers of an officer under section 24G.

s 12A: Ins 1987 No 160, Sch 1 (7). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [23]; 2003 No 87, Sch 3.20 [2]; 2005 No 50, Sch 1 [7].

A person shall not—

(b) where the person is a person in charge of an animal—authorise the riding, driving, using, carrying or conveying of the 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.

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.

(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—

(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.

s 15: Am 1987 No 160, Sch 2 (7); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [25]–[28]; 2003 No 54, Sch 1 [2].

(1) In this section—

(b) offer, expose, supply or receive for sale, and

(c) send, forward or deliver for sale or on sale.

(2) A person shall not—

(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—

(b) selling or having in his or her possession or custody an electrical device for use upon an animal belonging to a prescribed species.

A person shall not have in his or her possession or custody—

(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—

(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.

s 17: Am 1987 No 160, Schs 1 (9), 2 (8). Subst 1988 No 92, Sch 17 (2). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

(1) A person shall not—

(b) authorise any place to be used, or

(c) receive money for the admission of another person to any place which is used,

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.

s 18: Am 1985 No 79, Sch 1 (2). Subst 1987 No 160, Sch 1 (10). Am 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [31].

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.

s 18A: Ins 1985 No 79, Sch 1 (3). Am 1987 No 160, Sch 2 (9); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6].

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.

(1) In this section—

(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—

(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,

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—

(b) the taking or killing of animals in such circumstances by such persons or in or on such premises,

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.

s 20: Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (11); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [32].

(1) A person who—

(a) causes, procures, permits or encourages an activity in which an animal is released from confinement for the purpose of its being chased, caught or confined by a dog, or

(b) advertises the intention to conduct such an activity, or

(c) promotes, organises or attends such an activity, or

(d) uses an animal as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog, or

(e) keeps or is in charge of an animal for use as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog,

Maximum penalty—1,000 penalty units in the case of a corporation or 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.

(2) In any proceedings under subsection (1), evidence in writing by a veterinary practitioner that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack.

(2A) In any proceedings under subsection (1) (c), evidence that the defendant was present at a place at which an activity of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the activity.

(2B) In any proceedings under subsection (1) (d), evidence that the defendant was in charge or in possession of an animal that appeared to have been used as a lure or kill in the manner referred to in that subsection is prima facie evidence that the defendant used the animal as a lure or kill in that manner.

(2C) In any proceedings under subsection (1) (e), evidence that the defendant was in charge of an animal of a species prescribed by the regulations at a place used for the trialing, training or racing of any coursing dog is prima facie evidence that the defendant kept or was in charge of an animal for use as a lure or kill for the purpose referred to in that subsection.

(2D) For the purposes of subsections (1) (d) and (2B), animal includes the carcass, or the skin or any other part, of an animal.

(3) It is a defence to any proceedings for an offence against subsection (1) if the defendant shows that the act constituting the alleged offence was done by the defendant in the course of, and for the purpose of—

(b) sheep dog trials.

(4) For the removal of doubt, section 24 (1) (b) (i), in its application to this section, includes hunting, shooting, snaring, trapping, catching or capturing an animal by using a dog, but only in a manner that inflicted no unnecessary pain on the animal.

s 21: Am 1985 No 79, Sch 1 (4); 1987 No 160, Sch 2 (12); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [33]; 2003 No 54, Sch 1 [3]; 2003 No 87, Sch 3.20 [2]; 2005 No 50, Sch 1 [8] [9]; 2017 No 13, Sch 6.2 [2] [3].

A person who applies a thermal stimulus (such as hot wires) to the leg of an animal with the intention of causing tissue damage and the development of scar tissue around tendons and ligaments of the leg is guilty of an offence.

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.

A person who cuts the tail of a horse with the intention of causing the horse to carry the tail high is guilty of an offence.

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.

A person who organises or participates in a steeplechase or hurdle race is guilty of an offence.

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.

(1) Subject to subsection (2), a person shall not purchase, acquire, keep or sell, or offer or expose for sale, an animal which is so severely injured, so diseased or in such a condition that it is cruel to keep it alive.

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), the person accused of the offence is not guilty of the offence if the person satisfies the court that the person purchased, acquired, kept or sold, or offered or exposed for sale, the animal referred to in that subsection for the purpose of causing it to be promptly destroyed.

(3) Where a person purchases or acquires an animal for the purpose of causing the animal to be promptly destroyed, the person shall cause it to be promptly destroyed in a manner that causes it to die quickly and without unnecessary pain.

Maximum penalty (subsection (3)): 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.

s 22: Am 1987 No 160, Sch 2 (13); 1992 No 112, Sch 1; 1997 No 83, Sch 1 [6] [36]; 2007 No 94, Sch 1.79 [1].

(1) A person shall not, in a prescribed part of New South Wales, set a trap of a prescribed type.

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—

(b) possess a steel-jawed trap with the intention of using it to trap 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.

(3) In this section—

steel-jawed trap means a trap that has jaws that are made of steel, iron or other metal and that are designed to spring together and trap an animal when a leg or other part of the animal’s body comes into contact with, or is placed between, the jaws, but does not include a soft-jawed trap (that is, a trap with steel jaws that are offset and padded).

(1) A person must not advertise a regulated dog or cat as being available for sale, to be given away, or to be transferred by any other means, unless the advertisement includes at least one of the following—

(i) in connection with the identification of the animal for the purposes of section 8 of the Companion Animals Act 1998 , or

(ii) in compliance with the greyhound racing rules,

(b) the breeder identification number of the person, that is, the number allocated to the person—

(ii) by any recognised breeders’ organisation (within the meaning of Part 9 of the Companion Animals Act 1998 ) of which the person is a member, or

(iii) at the time of registration under the greyhound racing rules of the animal from whose litter the greyhound being advertised was born,

(c) in the case where the dog or cat is being sold or given away by an organisation that is, at the time the advertisement is made, a rehoming organisation (within the meaning of the Companion Animals Act 1998 )—the rehoming organisation number allocated to the organisation under section 83N of that Act.

In order to comply with the requirements of this section, a person who advertises a companion animal must either obtain a breeder identification number or a rehoming organisation number, or have the animal microchipped (in which case the advertisement may include the microchip number). In the case of a companion animal that has not been born yet, the owner must have a breeder identification number or a rehoming organisation number.

(2) A person who, when advertising a regulated dog or cat for sale, or when doing something in relation to that advertising, gives a microchip identification number, breeder identification number or rehoming organisation number that the person knows, or ought reasonably to have known, is false is guilty of an offence.

(3) A person is not liable to be convicted in respect of the same act or omission of both an offence under this section and an offence under section 52A (1) or 57A (1) of the Companion Animals Act 1998 .

Sections 52A (1) and 57A (1) of the Companion Animals Act 1998 make it an offence to sell or advertise the sale of a dangerous, menacing or restricted dog or a dog that is proposed to be a dangerous, menacing or restricted dog.

(4) In this section—

(a) made by Greyhound Racing New South Wales under the Greyhound Racing Act 2009 and in force before the repeal of that Act, or

(b) made by the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017 .

(a) a dog or cat that is or will be required by the Companion Animals Act 1998 to be identified (including by being microchipped), including a dog or cat that has not been born or has not yet reached the age at which identification is required,

(b) a greyhound (whether or not it is registered in accordance with the greyhound racing rules), including a greyhound that has not been born,

(c) a dog or cat that is in the custody of a council (including a council pound),

(d) a dog or cat that is in the custody of the Animal Welfare League NSW,

(e) a dog or cat that is in the custody of The Cat Protection Society of NSW Inc,

(f) a dog or cat that is in the custody of the Royal Society for the Prevention of Cruelty to Animals; New South Wales.

(1) In any proceedings for an offence against this Part or the regulations 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 act or omission in respect of which the proceedings are being taken was done, authorised to be done or omitted to be done by that person—

(i) a stock animal—in the course of, and for the purpose of, ear-marking or ear-tagging the animal or branding, other than firing or hot iron branding of the face of, the animal,

(ii) a pig of less than 2 months of age or a stock animal of less than 6 months of age which belongs to a class of animals comprising cattle, sheep or goats—in the course of, and for the purpose of, castrating the animal,

(iii) a goat of less than 1 month of age or a stock animal of less than 12 months of age which belongs to the class of animal comprising cattle—in the course of, and for the purpose of, dehorning the animal,

(iv) a sheep of less than 6 months of age—in the course of, and for the purpose of, tailing the animal, or

(v) a sheep of less than 12 months of age—in the course of, and for the purpose of, performing the Mules operation upon the animal,

(b) in the course of, and for the purpose of—

(ii) destroying the animal, or preparing the animal for destruction, for the purpose of producing food for human consumption,

(c) in the course of, and for the purpose of, destroying the animal, or preparing the animal for destruction—

(i) in accordance with the precepts of the Jewish religion or of any other religion prescribed for the purposes of this subparagraph, or

(ii) in compliance with any duty imposed upon that person by or under this or any other Act,

(d) (Repealed)

(e) in the course of, and for the purpose of—

(ii) supplying animals for use in connection with animal research,

(f) for the purpose of feeding a predatory animal lawfully kept by the person if—

(ii) the diet of the predatory animal included animals of the kind released, and

(iii) the person believed on reasonable grounds that the feeding of live prey to the predatory animal was necessary for the predatory animal’s survival because the predatory animal would not eat a dead animal or meat from a dead animal.

(2) Subsection (1) (b) does not apply to a person accused of an offence against section 19A.

(3) (Repealed)

s 24: Am 1984 No 153, Sch 16; 1985 No 124, Sch 1 (2); 1986 No 56, sec 2; 1987 No 160, Sch 1 (12); 1997 No 83, Sch 1 [38]; 2004 No 24, Sch 1 [4]; 2005 No 50, Sch 1 [11]–[13]; 2007 No 94, Sch 1.79 [1].