Section 9 Prevention of Cruelty to Animals Act 1978 | Failing to Exercise Confined Animals


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The Legislation

Section 9 of the Prevention of Cruelty to Animals Act 1978 (NSW) is Failing to Exercise Confined Animals and is extracted below.

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9 Confined animals to be exercised

(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:
(a) a stock animal other than a horse, or
(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:
(a) for the purpose of:
(i) carrying or conveying the animal, or
(ii) displaying the animal in a public exhibition or public competition,
in a manner that inflicted no unnecessary pain upon the animal, and
(b) for a period not exceeding 24 hours.