New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Animal Cruelty)
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of other Acts 2
Schedule 1 Amendment of Crimes Act 1900 3
Schedule 2 Amendment of other Acts 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Crimes Amendment (Animal Cruelty)
Bill 2005
Act No , 2005
An Act to amend the Crimes Act 1900, the Criminal Procedure Act 1986 and the Law
Enforcement (Powers and Responsibilities) Act 2002 with respect to animal cruelty
offences; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Animal Cruelty) Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Animal Cruelty) Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 2
Crimes Amendment (Animal Cruelty) Bill 2005
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
Sections 530 and 531
Insert in appropriate numerical order:
530 Serious animal cruelty
(1) A person who, with the intention of inflicting severe pain:
(a) tortures, beats or commits any other serious act of cruelty
on an animal, and
(b) kills or seriously injures or causes prolonged suffering to
the animal,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) A person is not criminally responsible for an offence against this
section if:
(a) the conduct occurred in accordance with an authority
conferred by or under the Animal Research Act 1985 or
any other Act or law, or
(b) the conduct occurred in the course of or for the purposes of
routine agricultural or animal husbandry activities,
recognised religious practices, the extermination of pest
animals or veterinary practice.
(3) In this section:
animal means a mammal (other than a human being), a bird or a
reptile.
531 Killing or seriously injuring animals used for law enforcement
(1) A person who intentionally kills or seriously injures an animal:
(a) knowing that the animal is being used by a law
enforcement officer in the execution of the officer's duty,
or
(b) as a consequence of, or in retaliation for, the use of the
animal by a law enforcement officer while in the execution
of the officer's duty,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
Page 3
Crimes Amendment (Animal Cruelty) Bill 2005
Schedule 1 Amendment of Crimes Act 1900
(2) In this section:
animal means a dog, horse or other mammal (other than a human
being).
law enforcement officer means:
(a) a police officer (including a member of the police force of
the Commonwealth or another State or Territory), or
(b) any other official of this State, the Commonwealth or
another State or Territory who is authorised to use an
animal in connection with the detention of persons or the
enforcement of the laws of this State, the Commonwealth
or another State or Territory.
Page 4
Crimes Amendment (Animal Cruelty) Bill 2005
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Criminal Procedure Act 1986 No 209
[1] Section 268 Maximum penalties for Table 2 offences
Insert after section 268 (1):
(1A) The maximum term of imprisonment that a Local Court may
impose for an offence is, subject to this section, 2 years or the
maximum term of imprisonment provided by law for the offence,
whichever is the shorter term.
[2] Schedule 1 Indictable offences triable summarily
Insert after Part 2 of Table 2:
Part 2A Other offences under Crimes Act 1900
4C Animal cruelty
An offence under section 530 or 531 of the Crimes Act 1900.
2.2 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
Section 134 Orders for the taking of identification particulars
Insert after section 134 (5) (c):
(c1) an offence under section 5 or 6 of the Prevention of Cruelty
to Animals Act 1979,
Page 5
[Index] [Search] [Download] [Related Items] [Help]