Animal Welfare Amendment Act 2010

1: Title
This Act is the Animal Welfare Amendment Act 2010.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Animal Welfare Act 1999 2010-07-07 Animal Welfare Act 1999
4: Penalties
1: Section 25(a)
a: omitting 6 12
b: omitting $25,000 $50,000
2: Section 25(b) $125,000 $250,000
5: New sections 28 and 28A substituted
Section 28
28: Wilful ill-treatment of animals
1: A person commits an offence if that person wilfully ill-treats an animal with the result that—
a: the animal is permanently disabled; or
b: the animal dies; or
c: the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or
d: the animal is seriously injured or impaired.
2: For the purposes of subsection (1)(d) seriously injured or impaired
a: involves—
i: prolonged pain and suffering; or
ii: a substantial risk of death; or
iii: loss of a body part; or
iv: permanent or prolonged loss of a bodily function; and
b: requires treatment by or under the supervision of a veterinarian.
3: A person who commits an offence against this section is liable on conviction on indictment,—
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or to a fine not exceeding $100,000 or to both:
b: in the case of a body corporate, to a fine not exceeding $500,000. 1960 No 30 ss 2, 4; 1993 No 19 s 3(1).
28A: Reckless ill-treatment of animals
1: A person commits an offence if that person recklessly ill-treats an animal with the result that—
a: the animal is permanently disabled; or
b: the animal dies; or
c: the pain or distress caused to the animal is so great that it is necessary to destroy the animal in order to end its suffering; or
d: the animal is seriously injured or impaired.
2: For the purposes of subsection (1)(d) seriously injured or impaired
a: involves—
i: prolonged pain and suffering; or
ii: a substantial risk of death; or
iii: loss of a body part; or
iv: permanent or prolonged loss of a bodily function; and
b: requires treatment by or under the supervision of a veterinarian.
3: A person who commits an offence against this section is liable on conviction on indictment,—
a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000 or to both:
b: in the case of a body corporate, to a fine not exceeding $350,000.
6: Penalties
1: Section 37(a)
a: omitting 6 12
b: omitting $25,000 $50,000
2: Section 37(b) $125,000 $250,000
7: New sections 169, 169A, and 169B substituted
Section 169
169: Court may disqualify person from owning or exercising authority in respect of animals
1: A court may (in addition to or in substitution for any other penalty) disqualify a person for any period that it thinks fit from being the owner of, or exercising authority in respect of, an animal or animals of a particular kind or description where the court convicts that person of an offence against—
a: section 28 or 28A
b: any section in Part 1 or 2 and the person has previously been convicted of an offence against—
i: any section in Part 1 or 2; or
ii: any of sections 3, 4, and 16(3) of the Animals Protection Act 1960
c: any section in Part 1 or 2 and the court considers that by reason of the serious nature of the offence the person should be disqualified under this section; or
d: section 152(1)
e: section 169B(1)
2: In making an order under subsection (1) 1960 No 30 s 16; 1993 No 19 ss 2, 3(1).
169A: Disqualified person may apply to court for removal or variation of disqualification
1: A person who is disqualified under section 169(1)
2: A person may not apply under subsection (1)
a: the expiry of the minimum disqualification period, if there is one; or
b: if there is no minimum disqualification period, the expiry of 2 years from the date of the disqualification order.
3: The court may order that, as from a date specified in the order, the disqualification be removed or varied, or that the application be refused.
4: In deciding an application under this section, the court may have regard to—
a: the character of the applicant; and
b: the applicant's conduct since the disqualification order was made; and
c: the nature of the offence of which the applicant was convicted; and
d: any other circumstance of the case.
5: If the court varies the disqualification or refuses the application, the person who is disqualified may not re-apply under subsection (1)
169B: Offence of contravening disqualification order
1: A person commits an offence who, in contravention of an order made under section 169(1)
2: A person who commits an offence against subsection (1)
a: in the case of an individual, to imprisonment for a term not exceeding 3 years or to a fine not exceeding $75,000 or to both:
b: in the case of a body corporate, to a fine not exceeding $350,000.
3: In subsection (1) order section 169A
8: Transitional provision in respect of
section 169 Section 169 old section 169 section 16(1)
9: Power of court to order that certain animals be forfeited to the Crown
1: The heading to section 172 or approved organisation
2: Section 172
1: The court convicting a person (the offender
a: the animal or animals to which the charge relates and of which the offender is the owner:
b: any other animals at the date of conviction owned by the offender.
1A: The court may make an order of forfeiture only if it thinks that it is desirable for the protection of the animal or animals in question.
10: Consequential amendments
1: Part 2 28A Reckless ill-treatment of animals
2: Part 3 section 28 Reckless ill-treatment of animals section 28A 2010-07-07 Summary Proceedings Act 1957 2010-07-07 Criminal Investigations (Bodily Samples) Act 1995