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This is a Bill, not an Act. For current law, see the Acts databases.
Prevention of Cruelty to Animals
Amendment (Prosecutions) Bill 2007
No , 2007
A Bill for
An Act to amend the Prevention of Cruelty to Animals Act 1979 in relation to the
persons and organisations authorised to institute proceedings under that Act.
Clause 1 Prevention of Cruelty to Animals Amendment (Prosecutions) Bill 2007
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Prevention of Cruelty to Animals Amendment 3
(Prosecutions) Act 2007. 4
2 Commencement 5
This Act commences on 1 January 2008. 6
3 Amendment of Prevention of Cruelty to Animals Act 1979 No 200 7
The Prevention of Cruelty to Animals Act 1979 is amended as set out in 8
Schedule 1. 9
4 Repeal of Act 10
(1) This Act is repealed on the day following the day on which this Act 11
commences. 12
(2) The repeal of this Act does not, because of the operation of section 30 13
of the Interpretation Act 1987, affect any amendment made by this Act. 14
Page 2
Prevention of Cruelty to Animals Amendment (Prosecutions) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments 1
(Section 3) 2
[1] Section 34AA 3
Insert after section 34: 4
34AA Authority to prosecute 5
(1) Proceedings for an offence against this Act or the regulations 6
may be instituted only by: 7
(a) an approved charitable organisation, or 8
(b) an inspector within the meaning of Division 2 of Part 2A, 9
other than a police officer, or 10
(c) a police officer, or 11
(d) the Minister or the Director-General of the Department of 12
Primary Industries, or 13
(e) a person with the written consent of the Minister or that 14
Director-General, or 15
(f) any other person or body prescribed by the regulations for 16
the purpose of this section. 17
(2) In proceedings for an offence against this Act or the regulations, 18
a consent to institute the proceedings, purporting to have been 19
signed by the Minister or the Director-General of the Department 20
of Primary Industries, is evidence of that consent without proof 21
of the signature of the Minister or Director-General. 22
[2] Schedule 2 Savings and transitional provisions 23
Insert at the end of clause 1 (1): 24
Prevention of Cruelty to Animals Amendment (Prosecutions) Act 25
2007 26
Page 3
Prevention of Cruelty to Animals Amendment (Prosecutions) Bill 2007
Schedule 1 Amendments
[3] Schedule 2, Part 5 1
Insert after Part 4: 2
Part 5 Provision consequent on enactment of 3
Prevention of Cruelty to Animals 4
Amendment (Prosecutions) Act 2007 5
8 Proceedings for offences 6
Section 34AA does not apply to offences committed before the 7
commencement of that section. 8
Page 4
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