Section 12 Prevention of Cruelty to Animals Act 1978 | Performing Procedures on Animals


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The Legislation

Section 12 of the Prevention of Cruelty to Animals Act 1978 (NSW) is Performing Procedures on Animals and is extracted below.

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12 Certain procedures not to be performed on animals

(1) A person shall not:
(a) dock the tail of a horse, bull, ox, bullock, steer, cow, heifer, calf or dog,
(b) crop the ears of a dog,
(c) operate upon a dog for the purpose of preventing the dog from being able to bark,
(d) remove one or more of the claws of a cat,
(e) grind, trim or clip one or more teeth of a sheep,
(f) perform a clitoridectomy on a greyhound, or
(g) fire or hot iron brand the face of an animal.
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.

(2) A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence:
(a) was docking the tail of a calf less than 6 months old when the offence was alleged to have been committed, or
(a1) (Repealed)
(b) was:
(i) docking the tail of a cow, heifer or female calf,
(ii) operating upon a dog for the purpose of preventing the dog from being able to bark,
(iii) removing one or more of the claws of a cat,
(iv) grinding, trimming or clipping one or more teeth of a sheep,
(v) performing a clitoridectomy on a greyhound, or
(vi) firing or hot iron branding the face of an animal,
by a veterinary practitioner,
and the procedure was performed in the prescribed circumstances and in accordance with any conditions specified in the regulations.

(2A) A person is not guilty of an offence against this section if the court is satisfied that the procedure comprising the alleged offence was the docking of the tail of a dog, was performed by a veterinary practitioner and was in the interests of the dog’s welfare.

(3) In this section:”clip” the tooth of a sheep means breaking off the crown of a tooth with pliers or another tool or implement.”dock” the tail of an animal means to remove all or part of the tail of the animal (other than a part of the tail consisting only of fur, hair, feathers or the like) whether by surgical or other means.”grind” the tooth of a sheep means grinding down a tooth with an electric angle grinder or another tool or implement.”trim” the tooth of a sheep means cutting off a tooth with an abrasive disc or another tool or implement.