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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Prevention of Cruelty to Animals Amendment
(Prohibitions for Convicted Persons) Bill
2022
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200 3
Schedule 2 Amendment of Exhibited Animals Protection Act 1986 No 123 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has finally
passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES.
Clerk of the Parliaments
egislative Council
2022
New South Wales
Prevention of Cruelty to Animals Amendment
(Prohibitions for Convicted Persons) Bill
2022
Act No , 2022
An Act to amend animal protection legislation to prohibit persons convicted of certain offences
from caring for or working with animals; and for related purposes.
Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Prevention of Cruelty to Animals Amendment (Prohibitions for
Convicted Persons) Act 2022.
2 Commencement
This Act commences as follows--
(a) for Schedule 1[6] and [7]--on 1 July 2023,
(b) otherwise--on 1 January 2023.
Page 2
Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
Schedule 1 Amendment of Prevention of Cruelty to Animals
Act 1979 No 200
[1] Section 4 Definitions
Insert "or the regulations" after "this Act" in section 4(1), definition of animal cruelty
offence, paragraph (a).
[2] Section 4(1)
Insert in alphabetical order--
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.
working dog has the same meaning as in the Companion Animals Act 1998.
[3] Section 24CB
Insert after section 24CA--
24CB Officers' powers relating to animals kept by convicted persons
(1) An officer may seize an animal kept--
(a) in contravention of an order made under section 30B or 31(1), or
(b) in contravention of an interstate prohibition order, within the meaning
of section 31AA, or
(c) by a person convicted of an offence against the Crimes Act 1900,
section 79, 80, 530 or 531, or
(d) by a person convicted of a serious interstate animal offence.
(2) An officer may also seize an animal if the officer suspects, on reasonable
grounds, that the animal is being bred, or is the offspring of an animal being
bred--
(a) by a person convicted of an animal cruelty offence, or
(b) in the operation of a business relating to breeding animals that is
managed or controlled by a person convicted of an animal cruelty
offence.
(3) Subsection (2) does not permit an officer to seize a stock animal or a working
dog being bred for commercial purposes or the offspring of a stock animal or
a working dog being bred for commercial purposes.
(4) Subsection (2)(a) and (b) apply only in relation to a person convicted of an
animal cruelty offence on or after the commencement of this section.
Page 3
Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
(5) An officer may do one or more of the following--
(a) keep an animal seized under subsection (1) or (2),
(b) provide the animal with necessary food, drink, shelter and veterinary
treatment,
(c) dispose of the animal after 5 business days after seizing the animal.
(6) Despite subsection (5), the officer may dispose of the animal within 5 business
days after seizing the animal but only if--
(a) the animal is so severely injured, so diseased or in such a physical
condition that it is cruel to keep the animal alive, and
(b) the officer disposes of the animal by providing euthanasia, or arranging
for euthanasia to be provided, to the animal in a way that causes the
animal to die quickly and without unnecessary pain.
(7) If the officer disposes of the animal by selling the animal--
(a) the purchaser acquires a good title to the animal, and
(b) former interests in the animal are extinguished.
(8) Compensation is not recoverable against a person or charitable organisation in
relation to the exercise of a power in accordance with this section.
(9) If a person specified in the table to this subsection, Column 1 incurs reasonable
expenses in exercising a power in accordance with this section, or in
complying with related duties imposed by this Act or the regulations, a person
or body specified opposite in Column 2 may recover the expenses as a debt in
a court of competent jurisdiction from--
(a) for an animal seized under subsection (1)(a) or (b)--the person subject
to the order, or
(b) for an animal seized under subsection (1)(c) or (d) or (2)--the person
convicted of the offence.
Column 1 Column 2
An officer within the meaning of section (a) The officer
4(1), definition of officer, paragraph (a), (b1) (b) The Crown
or (c)
An officer within the meaning of section (a) The officer
4(1), definition of officer, paragraph (b) (b) The officer's approved
charitable organisation
(10) In this section--
business day means a day that is not a Saturday, Sunday or public holiday.
[4] Section 31 Court may make further orders following conviction
Insert after section 31(1)--
(1AA) However, a court must make an order under subsection (1)(b) if the court--
(a) has found the person guilty of an offence against this Act, section 6, 15,
18 or 21 or the Crimes Act 1900, section 79, 80, 530 or 531, or
(b) has made an order, entered a special verdict or made a qualified finding
of guilt under the Mental Health and Cognitive Impairment Forensic
Provisions Act 2020, section 14, 19, 20, 31 or 62 in relation to an
offence specified in paragraph (a).
Page 4
Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 [NSW]
Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
(1AB) Subsection (1AA) does not apply if the court is satisfied special circumstances
justify not making the order.
[5] Section 31AA, heading
Insert "prohibition" after "interstate".
[6] Section 31AA(1) and (1A)
Omit section 31AA(1). Insert instead--
(1) An interstate prohibition order applies in New South Wales in the same way it
applies in the State or Territory where it was made.
(1A) A person subject to an interstate prohibition order must comply with the order.
Maximum penalty--50 penalty units or imprisonment for 6 months, or both.
[7] Section 31AA(3)-(6)
Omit the subsections.
[8] Sections 31AC and 31AD
Insert after section 31AB--
31AC Prohibitions for persons convicted of serious interstate animal offences
(1) A person convicted of a serious interstate animal offence must not--
(a) purchase or own an animal, or
(b) engage in work, whether paid or unpaid, involving direct contact with,
or care of, an animal.
Maximum penalty--400 penalty units or imprisonment for 1 year, or both.
(2) Subsection (1) extends to a conviction that occurred before the
commencement of this section.
31AD Certain convicted persons prohibited from breeding animals
(1) If a person is convicted of an animal cruelty offence, the person must not--
(a) breed animals, or
(b) manage or control a business relating to breeding animals, or
(c) work with, or care for, animals in a business relating to breeding
animals.
Maximum penalty--
(a) for an individual--400 penalty units or imprisonment for 1 year, or
both, or
(b) otherwise--2,000 penalty units.
(2) Subsection (1) applies only in relation to a person convicted of an animal
cruelty offence on or after the commencement of this section.
(3) Subsection (1) does not apply to the following--
(a) stock animals or working dogs being bred for commercial purposes,
(b) businesses relating to breeding stock animals or working dogs for
commercial purposes.
[9] Section 31A Sale of certain animals by charitable organisations
Insert "other than an animal seized under section 24CB," after "Act," in section 31A(1)(a).
Page 5
Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 [NSW]
Schedule 2 Amendment of Exhibited Animals Protection Act 1986 No 123
Schedule 2 Amendment of Exhibited Animals Protection Act
1986 No 123
[1] Section 30 Suspension and cancellation
Insert before section 30(1)--
(1A) The Secretary must, by written notice served on the holder of an authority,
cancel the authority if the holder is, after the commencement of this
subsection, convicted of--
(a) an offence, in relation to an animal, against one of the following Acts--
(i) this Act,
(ii) the Animal Research Act 1985,
(iii) the Biodiversity Conservation Act 2016,
(iv) the National Parks and Wildlife Act 1974,
(v) the Prevention of Cruelty to Animals Act 1979, or
(b) an offence, in relation to an animal, against an instrument made under
an Act specified in paragraph (a), or
(c) an offence against the Crimes Act 1900, section 79, 80, 530 or 531.
[2] Section 30(1)(a)
Insert ", other than an offence in relation to an animal," after "offence".
[3] Section 30A Disqualification
Omit section 30A(1) and (2). Insert instead--
(1) If the Secretary cancels a person's authority under section 30(1A), the
Secretary must, by written order served on the person, declare the person to be
disqualified from holding an authority.
(2) If the Secretary cancels a person's authority under section 30(1)(a)-(e), the
Secretary may, by written order served on the person, declare the person to be
disqualified from holding an authority.
[4] Section 30A(4) and (7)
Omit "on misconduct grounds" wherever occurring.
[5] Section 30A(8)
Omit the subsection.
[6] Section 31A
Insert after section 31--
31A Prohibition on employing persons convicted of, or charged with, certain
offences
(1) The holder of an authority must not knowingly cause or permit a prescribed
person to work with, or care for, an animal exhibited under the authority.
Maximum penalty--
(a) for an individual--400 penalty units or imprisonment for 1 year, or
both, or
(b) otherwise--2,000 penalty units.
(2) In this section--
Page 6
Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Bill 2022 [NSW]
Schedule 2 Amendment of Exhibited Animals Protection Act 1986 No 123
prescribed person means--
(a) a person who has been convicted of a relevant offence, or
(b) a person who is charged with a relevant offence until one of the
following events occurs--
(i) the charge is heard and determined by a court,
(ii) the charge is withdrawn,
(iii) a decision is made not to take or continue proceedings against the
person.
relevant offence means--
(a) an offence under this Act or the regulations in relation to an animal, or
(b) an offence under the Crimes Act 1900, section 79, 80, 530 or 531, or
(c) an offence under the Prevention of Cruelty to Animals Act 1979, or
regulations made under that Act, in relation to an animal.
Page 7
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