Northern Territory Repealed Acts Northern Territory Repealed ActsThis legislation has been repealed.
[This Act commenced on 01 July 1996 and was repealed by the ANIMAL WELFARE ACT, NO. 44 OF 1999 which commenced on the 27 March 2000.]
NORTHERN TERRITORY OF AUSTRALIA
REP011
PREVENTION OF CRUELTY TO ANIMALS ACT
As in force at 1 July 1996
TABLE OF PROVISIONS
Section
1. Short title
2. Repeal
3. Definitions
4. Ill-treating animals
5. Dehorning cattle
6. Penalty for using or employing animal condemned to be slaughtered
7. Power to prohibit use of animal unfit for work
8. Owner of ill-treated animal liable in the first instance in certain cases
9. Actual offender may be proceeded against in certain cases
10. When owners are not liable
11. Member of the Police Force may inspect saleyards, &c.
12. Apprehension
13. Limitation of time within which information or complaint laid or made
14. Vehicles, animals, &c., may be detained
15. Appointment of inspectors
16. Killing of animals
17. Inspection of premises
18. Obstructing member of the Police Force
19. Proprietors of vehicles to be summoned to produce their employees
20. Power to provide food to neglected animals
21. Exemptions
22. Power for Court to deprive person found guilty under Act of ownership of animal
23. Sale and purchase of decrepit animals
24. [Repealed]
25. Regulations
Notes
Table
of Amendments
Prevention of Cruelty to Animals
NORTHERN TERRITORY OF
AUSTRALIA
_____________________________
PREVENTION OF CRUELTY TO ANIMALS
ACT
_____________________________
NOTE - THIS REPRINT SHOWS THE ACT AS IN FORCE AT 1 JULY 1996. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
_____________________________
An Act Relating to the
Prevention
of Cruelty to
Animals
This Act may be cited as the Prevention of Cruelty to Animals Act. (See back note 1)
"The Prevention of Cruelty to Animals Act, 1908" (No. 956 of 1908) and "The Prevention of Cruelty to Animals Act Amendment Act, 1909" (No. 997 of 1909) of the State of South Australia, in their application to the Territory, are repealed.
In this Act, unless the contrary intention appears -
"animal" means and includes every species of quad-ruped and every species of bird, whether in a natural or domestic state, and all other animals dependent upon man for their care or sustenance or in a state of captivity;
"ill-treat" includes -
(a) cruelly wound, mutilate, overdrive, override, overwork, abuse, worry, torment or torture;
(b) knowingly overload or overcrowd; or
(c) unreasonably, wantonly or maliciously neglect or beat;
"information" includes complaint;
"member of the Police Force" means any member of the Police Force of the Territory, and includes an inspector appointed in pursuance of section 15;
"owner", used with reference to an animal, includes not only the owner, but also the hirer or borrower or other person for the time entitled to the possession of the animal, and also any manager, overseer, foreman, agent or other representative of the owner, with whose orders the driver or other person in charge of the animal is bound to comply;
"the Court" means the Court of Summary Jurisdiction;
"vehicle" includes every description of cart, wagon, truck, barrow, carriage or other conveyance.
(1) Any person who -
(a) ill-treats, or causes or procures to be ill-treated, or causes unnecessary pain to any animal;
(b) wantonly or negligently fails to supply any animal with proper and sufficient food or water, or in the case of animals other than those running at large or on a journey, with shelter;
(c) keeps, uses or acts in the management of any place for the purpose of fighting or baiting any animal, or permits or suffers any place to be so used;
(d) receives money for the admission of any other person to any place kept or used for the purpose of fighting or baiting any animal;
(e) incites any animal to fight, or baits any animal, or encourages, aids or assists at the fighting or baiting of any animal;
(f) conveys, carries or packs, or causes to be conveyed, carried or packed, whether in or upon any vehicle or not, any animal in such a manner or position as to subject the animal to unnecessary pain or suffering;
(g) slaughters, or causes to be slaughtered, any animal in such a manner as to subject the animal to unnecessary pain or suffering;
(h) knowingly or wantonly rides, drives, uses, conveys, carries or packs any animal which is unfit for such use or treatment or which is caused unnecessary pain by being ridden, driven, used, conveyed, carried or packed;
(j) neglects, as the owner or person in charge, to exercise reasonably, or cause to be exercised, at least once a day, any dog habitually chained up;
(k) conveys, carries or packs, or causes to be conveyed, carried or packed, any poultry in any coop or receptacle together with any other poultry which is of different species; or
(l) connives with another in doing any of the above acts,
shall be guilty of an offence.
Penalty: $200 or imprisonment for 6 months.
(2) Any person who docks or causes or procures to be docked the tail of any horse in such a manner as to leave less than 13 joints in the tail shall be deemed to be guilty of an offence against para-graph (a) of subsection (1).
(3) An additional penalty of $50 may, on being found guilty, be imposed for every day on which an offence committed under para-graph (c) or paragraph (d) of sub-section (1) is continued.
(4) Any person who, by ill-treating or causing unnecessary pain to any animal or inciting any animal to fight, does damage or injury to the animal, or thereby causes damage or injury to be done to any person or property, shall, upon being found guilty, in addition to the prescribed penalty, pay to the owner of the animal (if the offender is not the owner thereof) or to the person who sustains damage or injury, such sum of money by way of compensation, not exceeding the sum of $200, as is ascertained and determined by the Court upon finding the person guilty of the offence:
Provided that nothing in this subsection shall take away any other remedy of the owner or any other person in respect of the damage or remedy.
(5) Nothing in this Act shall render unlawful the slaughtering of any animal in any manner which is necessary to comply with the requirements of the Jewish or other religion.
The dehorning of cattle, where the operation is performed with a minimum of suffering to the animal operated upon, shall not be deemed an offence under this Act.
Any person keeping, using or having the management of any place for the purpose of slaughtering any diseased, maimed or worn out animals (not intended for butchers' meat) who uses or employs, or causes or permits to be used or employed, any such animal brought to, or delivered at, or which is in or upon, the place for the purpose of being slaughtered, or permits or suffers any such animal to leave that place to be employed in any manner of work, shall be guilty of an offence.
Penalty: $20 for every day on which the animal is so used or employed or is absent from the place.
(1) If any member of the Police Force is of opinion that any animal is unfit to be used in work or labour or in work or labour of any particular kind, he may, by notice signed by him and indorsed by a Justice and delivered to any person, direct that the animal is not to be used in work or labour, or in work or labour of the kind specified in the notice, for any time stated therein, not exceeding 3 weeks.
(2) At the expiration of the time specified in any notice under subsection (1), or of the time specified in any notice under this subsection, any member of the Police Force, if he is of opinion that the animal is unfit to be used in work or labour or in work or labour of the kind specified in the notice, may, by notice signed by him and indorsed by a Justice and delivered to any person, direct that the animal is not to be used in work or labour, or in work or labour of the kind specified in the last-mentioned notice, for any further time stated therein, not exceeding 3 weeks.
(3) If the person to whom any notice under subsec-tion (1) or subsection (2) is delivered, or any person who has notice thereof, uses the animal or permits it to be used in any work or labour, or in work or labour of the kind specified in the notice (as the case may be) during the time specified in the notice, he shall be liable, upon being found guilty before the Court, to a penalty not exceeding $10.
(4) Upon complaint in writing made to the Court by any person who alleges in the complaint that he is injured by the operation of any notice under subsection (1) or subsection (2), and that the animal is not unfit to be used as specified in the notice, the Court shall issue a summons calling upon the member of the Police Force who signed the notice to appear, at a time and place therein named, and show cause why the notice should not be annulled. At the time and place so named the complaint may be heard by the Court, which may in its discretion annul, vary, confirm or extend (as to time or kinds of work or labour) the operation of the notice, but shall not, unless satisfied that the notice was delivered frivolously or maliciously, give any costs against the member of the Police Force signing the notice.
(1) The owner of any animal in respect of which an offence has been committed against paragraph (h) of subsection (1) of section 4 or against section 7 shall in every case be deemed in the first instance to have committed the offence, and shall be liable to pay the penalty therefor; but an owner who has been proceeded against for an offence shall be entitled, upon complaint duly laid by him, to have any driver or other employee who was, at the time when the offence is alleged to have been committed, in charge of the animal, brought before the Court at the time appointed for hearing the charge made against the owner.
(2) If, after the commission of the offence has been proved, the owner proves to the satisfaction of the Court -
(a) that he used due diligence to prevent the offence; and
(b) that the driver or other employee committed the act com-plained of without the knowledge, consent or connivance of the owner,
the driver or other employee shall be found guilty of the offence and pay the penalty or undergo the imprisonment, instead of the owner.
When it appears to any person at any time before laying a complaint in respect of an offence against the provisions of para-graph (h) of subsection (1) of section 4 or of section 7 -
(a) that the owner of the animal concerned had used due diligence to prevent offences against the provisions of this Act in breach whereof the offence is committed;
(b) that the actual offence was committed by a person other than the owner; and
(c) that the offence was committed without the personal know-ledge, consent or connivance of the owner, and in contra-vention of his orders,
then the first-mentioned person may proceed against the person whom he believes to be the actual offender in the first instance, without first proceeding against the owner.
(1) A person shall not be liable for an offence against the provisions of paragraph (h) of subsection (1) of section 4 or of section 7 as the owner of an animal, unless the animal is worked or used -
(a) by him personally;
(b) by a driver or other person in his employ;
(c) by some other person under his orders or directions; or
(d) in some manner for his benefit or profit.
(2) Nothing contained in this section shall exempt any corporate body from any liability under this Act by reason only of the fact that any animal of which the corporate body is the owner, and with respect to which any offence mentioned in this section is charged, is worked or used under the orders or directions of a director, secretary, manager or other person, elected or employed by the corporate body.
(1) Any member of the Police Force or any inspector appointed by the Minister under section 15 may enter at any time into the saleyard or place where animals are usually sold or kept for the purposes of sale, and may inspect any animal found therein, and the accommodation for such animals.
(2) Any person hindering a member of the Police Force or inspector from so entering and inspecting shall be guilty of an offence.
Penalty: $100.
(1) Any member of the Police Force may, upon his own view of the commission of an offence under this Act, or upon the complaint of any other person who declares that he has seen an offence under this Act committed, and gives his name and place of abode to the member of the Police Force, lay an information against the offender for the purpose of the offender being dealt with according to law.
(2) Any Justice may, without previously issuing any summons, forthwith issue his warrant for the arrest of any person charged with any offence under this Act whenever good grounds for so doing shall be stated on oath before the Justice.
Any complaint in respect of an offence against this Act shall be laid or made within one month after the cause of offence or complaint arose.
(1) Whenever a member of the Police Force arrests any person having charge of any vehicle or animal or both for an offence against the provisions of this Act, he may take charge of the vehicle or animal or both, and any saddle and harness on or attached to the animal or vehicle, and deposit the same in some place of safe custody as security for payment of any penalty to which the person, or the owner of the vehicle or animal, may become liable, and the expenses which have been or may be necessarily incurred for taking charge of and keeping the same.
(2) The Court may, in default of payment, order the vehicle, animal, saddle or harness, or any or all of them, to be sold for the purpose of satisfying the penalty and reason-able expenses in like manner as if the vehicle, animal, saddle and harness had been the subject of a warrant of seizure and sale issued by the Local Court.
(1) Subject to subsection (2), the Minister may appoint such persons as he thinks fit to be inspectors and may specify in the instrument of appointment an area in which an inspector may carry out his duties and functions.
(2) The Minister shall not appoint a person to be an inspector under subsection (1) unless -
(a) where the inspector's duties and functions are to be carried out within a council area (within the meaning of the Local Government Act), the person is an officer of the council of that council area or an officer, agent or servant of a society for the prevention of cruelty to animals; and
(b) where the inspector's duties and functions are to be carried out outside a council area, the person is an officer or employee of the Public Service of the Commonwealth or an employee as defined in the Public Sector Employment and Management Act or an officer, agent or servant of a society for the prevention of cruelty to animals.
(3) An inspector appointed under this section shall have, within the area for which he is appointed, the same powers and duties as a member of the Police Force of the Territory has under this Act.
(1) If it is made to appear to any Justice by personal inspection, or by the testimony of a competent witness, that any animal impounded in any pound or found elsewhere is in such a weak, disabled or diseased state that it ought to be killed, it shall be lawful for him, by notice in writing, to order that the animal shall be forthwith killed; and that order shall be sufficient authority to the poundkeeper or owner of the animal, or any other person authorized by the Justice, to kill the animal, and no compensation whatever shall be recoverable in respect of the killing.
(2) Whenever, in the opinion of a member of the Police Force, any animal is so weak, disabled or diseased, or as the result of an accident, or from any other cause, sustains such injury that its recovery is impossible, the member of the Police Force may, with the consent of the owner of the animal, or, if the owner is not in the immediate vicinity of the animal, without his consent, immediately kill the animal. If the owner is in the immediate vicinity of the animal and refuses to consent to the killing of the animal, the member of the Police Force may, nevertheless, upon an order of a Justice, kill the animal. No compensation shall be recoverable against any Justice or member of the Police Force in respect of the killing of any animal pursuant to this subsection.
Whenever it is by the oath of any credible person made to appear to the satisfaction of the Court that an offence against this Act has been, or is being, or is about to be committed on or in any premises, it may, by order authorize a member of the Police Force named therein to enter upon or into the premises and inspect any animal confined or kept there.
Any person who, at any time or in any manner, unlaw-fully obstructs, hinders, molests or assaults any member of the Police Force while in the exercise of any power or authority under or by virtue of this Act shall be guilty of an offence.
Penalty: $100.
(1) Whenever a complaint is laid against the driver or other person in charge of any vehicle, whether licensed or otherwise, for any offence against this Act, the Court may forthwith summon the proprietor or owner of the carriage or vehicle to produce before it the driver or other employee by whom the offence was committed, or is alleged to have been committed, to answer the complaint.
(2) If the proprietor or owner, after being duly summoned, fails without reasonable excuse to produce the driver or other employee, the Court may proceed, in the absence of the driver or other employee, to hear and determine the case in the same manner as if he had been produced, and to adjudge payment by the proprietor or owner of any penalty or sum of money and costs ordered to be paid by the driver or other employee on being found guilty.
(3) Any sum of money so paid by the proprietor or owner may, upon proof of payment thereof, and of the driver or other employee refusing or neglecting to be produced pursuant to the order of the Special Magistrate or Justices, be recovered in a summary way from the driver or other employee through whose default the sum has been paid, in the same manner as a penalty.
(4) The Special Magistrate or Justices may, if the proprietor or owner fails to produce his driver or other employee without reasonable excuse, impose a penalty of $4 upon the proprietor or owner, and may also direct a further summons to issue against him under subsection (1), whereupon the same consequences shall follow as upon the first summons so issued, including power upon the hearing of each successive summons to issue a further summons, until the driver or other employee is produced.
(1) If any animal is at any time impounded, or confined in any yard, pound, pen, cage, hutch or recep-tacle of the like nature, or deprived of its liberty, and continues impounded, confined or restrained without fit and sufficient food and water for more than 24 consecutive hours, any person may enter into and upon any yard or other premises, or any pound, or other receptacle of a like nature in which the animal is so confined, and supply the animal with fit and sufficient food and water during so long a time as it remains and continues so impounded, confined or restrained, without being liable to any action of trespass or other proceeding by any other person for or by reason of entry for that purpose. The reasonable cost of the food and water shall be paid by the owner of the animal to the person who has supplied the same, and the cost thereof may be recovered as a debt in the Local Court.
(2) Nothing in this section shall apply to animals carried in railway trucks.
(1) Except as hereinafter provided, nothing con-tained in this Act shall apply to any act done in any of the following cases:
(a) In the extermination of rabbits, marsupials, wild dogs, foxes or vermin;
(b) In the extermination or destruction of any animal under the authority of any laws for the time being in force in the Territory;
(c) In the hunting, snaring, trapping, shooting or capturing of any animal not in a domestic state;
(d) In any experiment or vivisection performed upon any animal by any legally qualified medical practitioner or veterinary practitioner, or any officer authorized by the Minister, for the purposes of scientific investigation; or
(e) In any operation of the nature of an inoculation or of a feeding experiment.
(2) Nothing contained in subsection (1) shall apply in any case where an animal is ill-treated, or pain is unnecessarily caused to any animal, by any person.
If the owner of any animal is found guilty of an offence against this Act in respect of the animal, the Court, upon finding him guilty, may, if the Court thinks fit, in addition to any other punishment, deprive him of the ownership of the animal, and make such order as to the disposal of the animal as the Court thinks fit:
Provided that no order shall be made under this section unless it is shown by evidence as to a previous finding of guilt, or as to the character of the owner or otherwise, that the animal, if left with the owner, is likely to be exposed to cruelty.
(1) Any auctioneer or other person who sells or offers for sale, and any person who buys or attempts knowingly to buy, except for the purpose of slaughter, any horse, mule, donkey or other draught animal which is so old, or permanently diseased, or permanently disabled, that it is unfit for work, shall be guilty of an offence.
Penalty: $50.
(2) The production of a certificate from the buyer of any such animal, given at the time of sale to the auctioneer or vendor, that the animal is being purchased for immediate slaughter shall be a defence to the prosecution of an auctioneer or other person under this section.
The Administrator may make regulations, not incon-sistent with this Act, prescribing all matters which are, by this Act, required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
_____________________________
Notes
1. The Prevention of Cruelty to Animals
Act comprises the Prevention of Cruelty to Animals Ordinance 1935 as
amended by the other Ordinances and Acts specified in the following
table:
_________________________________________________________________
Ordinance, Act Number and Date notified
Date of
year in
Common- commencement
wealth
Gazette
_________________________________________________________________
Prevention of No. 18, 1935 5 Sept 1935 5
Sept 1935
Cruelty to
Animals
Ordinance
1935
_____________
Date of
assent by
Administrator
_____________
Prevention of No. 14, 1963 13 Feb
1963 13 Feb 1963
Cruelty to
Animals
Ordinance
1962
Prevention of No. 1, 1967 13 Mar 1967 13
Mar 1967
Cruelty to
Animals
Ordinance
1967
Ordinances No. 87, 1973 11 Dec 1973 11 Dec 1973,
Revision but
see
Ordinance 1973 s.
12(2)
as amended (a) No. 34, 1974 26 Aug 1974 11 Dec
1973,
but see
s. 3(2)
No. 69, 1974 24 Oct 1974 11 Dec
1973,
but see s.
3
No. 27, 1976 28 June 1976 Ss 1, 2
and 6:
28 June
1976,
but see
s. 6(2)
Ss 3 and 4:
11 Dec 1973
S.
5:
24 Oct 1974
Transfer of Powers No. 51, 1977 9 Dec
1977 1 Jan
1978
(Further
Provisions)
Ordinance
1977
Transfer of Powers No. 54, 1978 1 July
1978 1 July
1978,
(Self-Government) but
see s. 8
Ordinance
1978
Statute Law No. 128, 1979 15 Oct 1979 15
Oct 1979
Revision
Act
(No. 2) 1979
Local Court No. 14, 1989 5 June 1989 S.
6:
(Consequential 5 June
1989
Amendments) Remainder:
Act
1989 1 Jan 1991
Public Sector No. 28, 1993 30 June
1993 1 July 1993
Employment
and
Management
(Consequential
Amendments)
Act
1993
Local Government No. 84, 1993 31 Dec
1993 1 June
1994
(Consequential
Amendments)
Act
1993
Sentencing No. 17, 1996 19 Apr 1996 S.
7:
(Consequential 19 Apr
1996
Amendments) Remainder:
Act
1996 1 July
1996
_________________________________________________________________
(a) General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (as amended) to the following provisions: Ss 3, 4, 6, 7, 9, 10, 11, 15, 18, 19, 20, 22 and 23.
_____________________________
Table of Amendments
Section
1. Amended by No. 58, 1978, s. 4
3. Amended by No. 14, 1989, s. 7
4.(1) Amended by No. 1, 1967, s. 2
4.(3) Amended by No. 1, 1967, s. 2; No. 17, 1996, s. 6
4.(4) Amended by No. 1, 1967, s. 2; No. 17, 1996, s. 6
6. Amended by No. 1, 1967, s. 3
7.(3) Amended by No. 14, 1989, s. 7; No. 17, 1996, s. 6
7.(4) Amended by No. 14, 1989, s. 7
8.(2) Amended by No. 17, 1996, s. 6
11.(1) Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3
11.(2) Amended by No. 1, 1967, s. 4
12.(2) Amended by No. 14, 1989, s. 7
14.(2) Amended by No. 14, 1989, s. 7
15. Substituted by No. 14, 1963, s. 2
15.(1) Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3
15.(2) Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3; No. 28, 1993, s. 3; No. 84, 1993, s. 6
17. Amended by No. 14, 1989, s. 7
18. Amended by No. 1, 1967, s. 5
19.(1) Amended by No. 14, 1989, s. 7
19.(2) Amended by No. 14, 1989, s. 7; No. 17, 1996, s. 6
20,(1) Amended by No. 14, 1989, s. 7
21.(1) Amended by No. 51, 1977, s. 3; No. 54, 1978, s. 3
22. Amended by No. 17, 1996, s. 6
23.(1) Amended by No. 1, 1967, s. 6
24. Repealed by No. 1, 1967, s. 7
25. Amended by No. 87, 1973, s. 6; No. 128, 1979, s. 25
_____________________________
___________________