Crimes Amendment (Animal Cruelty)
Bill 2005

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend:

(a) the Crimes Act 1900 to create a new serious animal cruelty offence, with a
maximum penalty of 5 years imprisonment, where the offender intends to
inflict severe pain on an animal and kills or causes serious injury or prolonged
suffering to the animal, and

(b) the Crimes Act 1900 to create a new animal cruelty offence, with a maximum
penalty of 5 years imprisonment, where the offender intentionally kills or
seriously injures an animal knowing that it is being used for law enforcement
purposes or in retaliation for such a use, and

(c) the Criminal Procedure Act 1986 to enable the new offences to be dealt with
summarily unless the prosecutor otherwise elects, and

(d) the Law Enforcement (Powers and Responsibilities) Act 2002 to enable a court
that finds certain animal cruelty offences under the Prevention of Cruelty to
Animals Act 1979 to be proven to order that the offender submit to the taking
of identification particulars (such as finger-prints) by police.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Crimes Act
1900 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the Acts
specified in Schedule 2.

Schedule 1 Amendment of Crimes Act 1900
The Schedule inserts proposed sections 530 and 531 into the Crimes Act 1900.

Currently, animal cruelty offences are contained in the Prevention of Cruelty to
Animals Act 1979. The new provisions create new indictable animal cruelty offences
with a maximum penalty of 5 years imprisonment.

The new serious animal cruelty offence contained in proposed section 530 is directed
at acts of cruelty where the offender intends to inflict severe pain. It is not directed at
authorised animal research or other lawful activities, routine agricultural or animal
husbandry practices, recognised religious practices, pest extermination or veterinary
practice (for which defences are provided) or other circumstances without the
overriding intention to inflict severe pain. Such circumstances may be covered by the
offences in the Prevention of Cruelty to Animals Act 1979. The proposed offence
relates to mammals (other than human beings), birds and reptiles. Proposed section
530 makes it an offence, with the intention of inflicting severe pain on an animal:

(a) to torture, beat or commit any other act of serious cruelty on the animal, and

(b) to kill, seriously injure or cause prolonged suffering to the animal.

The new offence of harming an animal used by a law enforcement officer in the
execution of the officer’s duty will relate to dogs, horses and other mammals (other
than human beings). Proposed section 531 makes it an offence to intentionally kill or
seriously injure an animal knowing that the animal is being used in the execution of
the officer’s duty or to do so as a consequence of, or in retaliation for, such a use of
the animal.

The offences do not prevent the application of the defence of self-defence under the
Crimes Act 1900 (the defence is contained in section 418 of that Act).

Schedule 2 Amendment of other Acts
Schedule 2.1 amends section 268 of, and Table 2 in Schedule 1 to, the Criminal
Procedure Act 1986 to provide that the new indictable animal cruelty offences are to
be dealt with summarily by a Local Court unless the prosecutor elects otherwise and
that the maximum term of imprisonment that may be imposed for such an offence if
dealt with summarily is 2 years.

Schedule 2.2 amends section 134 of the Law Enforcement (Powers and
Responsibilities) Act 2002 to enable a court which finds an offence proven against a
person under section 5 (Cruelty to animals) or section 6 (Aggravated cruelty to
animals) of the Prevention of Cruelty to Animals Act 1979 to order the person to
attend a police station and submit to the taking of identification particulars. Such
particulars may include the person’s photograph, finger-prints and palm-prints.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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