Criminal Legislations

Section 21 Prevention of Cruelty to Animals Act 1979 | Animal Coursing


Section 21 of the Prevention of Cruelty to Animals Act 1979 (NSW) is Animal Coursing and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

21 Coursing and other similar activities prohibited

(1) A person who:
(a) causes, procures, permits or encourages an activity in which an animal is released from confinement for the purpose of its being chased, caught or confined by a dog, or
(b) advertises the intention to conduct such an activity, or
(c) promotes, organises or attends such an activity, or
(d) uses an animal as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog, or
(e) keeps or is in charge of an animal for use as a lure or kill for the purpose of blooding greyhounds or in connection with the trialing, training or racing of any coursing dog,
is guilty of an offence. Maximum penalty: 1,000 penalty units in the case of a corporation or 200 penalty units or imprisonment for 2 years, or both, in the case of an individual.

(2) In any proceedings under subsection (1), evidence in writing by a veterinary practitioner that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack.

(2A) In any proceedings under subsection (1) (c), evidence that the defendant was present at a place at which an activity of the kind referred to in that subsection was being conducted is prima facie evidence that the defendant attended the activity.

(2B) In any proceedings under subsection (1) (d), evidence that the defendant was in charge of an animal that appeared to have been used as a lure or kill in the manner referred to in that subsection is prima facie evidence that the defendant used the animal as a lure or kill in that manner.

(2C) In any proceedings under subsection (1) (e), evidence that the defendant was in charge of an animal of a species prescribed by the regulations at a place used for the trialing, training or racing of any coursing dog is prima facie evidence that the defendant kept or was in charge of an animal for use as a lure or kill for the purpose referred to in that subsection.

(3) It is a defence to any proceedings for an offence against subsection (1) if the defendant shows that the act constituting the alleged offence was done by the defendant in the course of, and for the purpose of:
(a) mustering stock, the working of stock in yards or any other animal husbandry activity, or
(b) sheep dog trials.

(4) For the removal of doubt, section 24 (1) (b) (i), in its application to this section, includes hunting, shooting, snaring, trapping, catching or capturing an animal by using a dog, but only in a manner that inflicted no unnecessary pain on the animal.

Section 7 Prevention of Cruelty to Animals Act 1979 | Carriage and Conveyance of Animals


Section 7 of the Prevention of Cruelty to Animals Act 1979 (NSW) is Carriage and Conveyance of Animals and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

7 Carriage and conveyance of animals

(1) A person shall not:
(a) carry or convey an animal, or
(b) where the person is a person in charge of an animal–authorise the carriage or conveyance of the animal,
in a manner which unreasonably, unnecessarily or unjustifiably inflicts pain upon the 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) Without limiting the generality of subsection (1), a person shall not:
(a) carry or convey a horse on a multi-deck vehicle, or
(b) where the person is a person in charge of the horse–authorise the carriage or conveyance of a horse on a multi-deck vehicle.
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.

(2A) Without limiting subsection (1), a person must not carry or convey a dog (other than a dog being used to work livestock), on the open back of a moving vehicle on a public street unless the dog is restrained or enclosed in such a way as to prevent the dog falling from the vehicle. Maximum penalty: 50 penalty units or imprisonment for 6 months, or both.

(3) In this section:”multi-deck vehicle” means a motor vehicle or a trailer drawn by a motor vehicle that:
(a) is used to carry or convey animals, and
(b) on which animals are carried or conveyed in two or more layered sections.

Section 33D Prevention of Cruelty to Animals Act 1979 | Attempting to Commit Offence


Section 33D of the Prevention of Cruelty to Animals Act 1979 (NSW) is Attempting to Commit Offence and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

33D Attempts

A person who attempts to commit an offence for which a penalty is provided under this Act or the regulations is guilty of an offence and liable to that penalty.

Section 33C Prevention of Cruelty to Animals Act 1979 | Aiding or Abetting Offence


Section 33C of the Prevention of Cruelty to Animals Act 1979 (NSW) is Aiding and Abetting Offence and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

33C Complicity and common purpose

(1) A person who aids, abets, counsels or procures the commission of an offence against this Act or the regulations by another person is taken to have committed that offence and is punishable accordingly.

(2) For the person to be found guilty:
(a) the person’s conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person, and
(b) the offence must have been committed by the other person.

(3) A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:
(a) terminated his or her involvement, and
(b) took all reasonable steps to prevent the commission of the offence.

(4) A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the principal offender has not been proceeded against or convicted for the offence.

Section 33B Prevention of Cruelty to Animals Act 1979 | Failing to Prevent Offence


Section 33B of the Prevention of Cruelty to Animals Act 1979 (NSW) is Failing to Prevent Offence and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

33B Permitting or failing to prevent commission or continuance of offence

(1) A person who owns or has the charge of an animal and who:
(a) knowingly permits an offence against this Act or the regulations to be committed in respect of the animal, or
(b) fails, without reasonable excuse, to prevent the commission or continuance of such an offence,
is guilty of an offence against this Act.

(2) A person who owns or occupies land on which an animal is located and who:
(a) knowingly permits an offence against this Act or the regulations to be committed on the land in respect of the animal, or
(b) fails, without reasonable excuse, to prevent the commission or continuance of such an offence,
is guilty of an offence against this Act.

(3) The maximum penalty for an offence against this section is the maximum penalty under this Act for the offence permitted under subsection
(1) (a) or (2) (a) or not prevented under subsection (1) (b) or (2) (b).

Section 29B Prevention of Cruelty to Animals Act 1979 | Providing False Information


Section 29B of the Prevention of Cruelty to Animals Act 1979 (NSW) is Providing False Information and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

29B False information

(1) This section applies to the provision of information to an officer in the exercise of a power conferred on the officer by this Part to require the provision of the information.

(2) A person who provides information to which this section applies that the person knows is false or misleading in a material particular is guilty of an offence. Maximum penalty: 50 penalty units.

(3) A person is not guilty of an offence against this section unless the officer:
(a) warned the person of the requirement to provide information that is not false or misleading, and
(b) identified himself or herself to the person as an officer.

Section 29A Prevention of Cruelty to Animals Act 1979 | Misleading Entries in Registers


Section 29A of the Prevention of Cruelty to Animals Act 1979 (NSW) is Misleading Entries in Registers and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

29A False or misleading entries in registers

A person shall not knowingly make, or authorise the making of, a false or misleading entry in a register that the person is required to keep or cause to be kept under this Act or the regulations.

Maximum penalty: 50 penalty units.

Section 29 Prevention of Cruelty to Animals Act 1979 | Failing to Comply with Court Summons


Section 29 of the Prevention of Cruelty to Animals Act 1979 (NSW) is Failing to Comply with Court Summons and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

29 Court may order production of animal

(1) Upon complaint made on oath by an officer that the officer suspects, on reasonable grounds, that an offence against this Act or the regulations is being, or has been, committed in respect of an animal, a Magistrate may issue a summons against a person in charge of the animal requiring the person to produce the animal, or cause the animal to be produced, before a court specified in the summons, and at a time and date so specified, for the inspection of the court.

(2) A person upon whom a summons issued under subsection (1) is served shall not, without reasonable cause, fail to comply with the summons.

Maximum penalty: 25 penalty units.

Section 28A Prevention of Cruelty to Animals Act 1979 | Impersonating Authorised Officer


Section 28A of the Prevention of Cruelty to Animals Act 1979 (NSW) is Impersonating Authorised Officer and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

28A Offence of impersonating an authorised officer

A person must not impersonate, or falsely represent that the person is, an officer.

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

Section 28 Prevention of Cruelty to Animals Act 1979 | Obstructing Persons Exercising Powers


Section 28 of the Prevention of Cruelty to Animals Act 1979 (NSW) is Obstructing Persons Exercising Powers and is extracted below.

For outstanding representation against allegations of animal cruelty, call Sydney Criminal Lawyers today on (02) 9261 8881 and let one of our experienced criminal lawyers help you.

The Legislation

28 Obstruction of persons exercising powers etc

A person shall not obstruct, hinder or interfere with any other person while that other person is exercising or performing any power, authority, duty or function conferred upon that other person by or under this Act.

Maximum penalty: 50 penalty units.