New South Wales Repealed Acts

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This legislation has been repealed.

CRIMES AMENDMENT (ANIMAL CRUELTY) ACT 2005 - 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.
(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.



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