cherylsgirlsAnimals Act 1977
Animal Research Act 1985
Animal Research Regulation 2010
Animal Welfare Codes of Practice and Guidelines
Companion Animals Act 1998
Companion Animals Regulation 2008
Deer Act 2006
Exhibited Animals Protection Act 1986
National Parks and Wildlife Act 1974
Prevention of Cruelty to Animals Act 1979
Prevention of Cruelty to Animals (General) Regulation 2006
Standard Operating Procedures for the Use of Cattle in Research and Teaching
Welfare of Animals in Research and Teaching
Welfare of Pest Animals
Welfare of Zoo, Circus, Exhibited and Other Animals

 

Compiled from the Companion Animals Act 1998

Identification required from 12 weeks of age and before sale

A companion animal must be identified as required by the regulations from the time the animal is 12 weeks old.

A companion animal must not be sold unless it has been identified as required by the regulations (even if it is less than 12 weeks old when it is sold). (The term “sell” extends to the transfer of ownership by any means, including by gift. This section requires an animal to be identified before it is sold no matter what the age of the animal when it is sold.)

Registration required from age 6 months

A companion animal must be registered from the time the animal is 6 months old.(An owner does not have to wait until an animal is 6 months old to register it. An animal of any age can be registered.)

Owner required to notify certain changes and events

The owner of an identified companion animal (whether or not it is registered) must notify the Director-General when any of the following happens: any change occurs in the registration information or identification information for the animal (notification must be given within 14 days after the change occurs); the animal dies (notification must be given within 28 days after the animal dies); the animal has been missing for more than 72 hours (notification must be given within 96 hours after the animal went missing); the animal has been found after having been reported missing (notification must be given within 72 hours after the animal is found).

Dog to wear collar and tag

A dog must have a collar around its neck and there must be attached to the collar: a name tag that shows the name of the dog and the address or telephone number of the owner of the dog, and the owner of the dog is guilty of an offence if this section is not complied with. This does not apply to a dog while it is on property of which the owner of the dog is the occupier or to a working dog.

Cats must have form of identification

A cat must be identified by a form of identification that enables a local authority to ascertain the name of the cat and the address or telephone number of the owner of the cat. The identification may take any of the following forms:) a collar worn around the cat’s neck with a tag or tags attached; a microchip. This does not apply to a cat on property of which the owner of the cat is the occupier, or a cat being exhibited for show purposes or proceeding immediately to or from a place at which it will be, or has been, exhibited for show purposes.

Cats prohibited in some public places

Cats are prohibited in the following places: Any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans. Any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority ordered that cats are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that cats are prohibited in or on that public place.

If a cat is in a place in which cats are prohibited under this section the owner of the cat, or if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the cat at that time-that other person, is guilty of an offence.

Any person (including an authorised officer) may seize a cat that is in a place in which cats are prohibited for the cat’s own protection.

If the owner of the cat is present, an authorised officer (but no other person) may seize the cat (whether or not for the cat’s own protection), but only if the owner fails to remove the cat from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the cat includes a reference to the person who is for the time being in charge of the cat.

Action to protect persons and animals against cats

Any person may lawfully seize a cat if that action is reasonable and necessary for the protection of any person or animal (other than vermin) from injury or death.

If a cat that is not under the effective control of some competent person enters any inclosed lands within the meaning of the Inclosed Lands Protection Act 1901 and approaches any animal being farmed on the land, the occupier of the land or any person authorised by the occupier can lawfully injure or destroy the cat if he or she reasonably believes that the cat will molest, attack or cause injury to any of those animals.

An authorised officer who finds a cat attacking or harassing an animal (other than vermin) within a wildlife protection area (as defined in section 30 (1) (b)) can lawfully injure or destroy the cat if there is no other reasonably practicable way of protecting the animal.

A person who takes action under the authority of this section that results in the injury to or death of a cat must take reasonable steps to ensure that an injured cat receives any necessary treatment, and report the matter to an authorised officer (unless the person is an authorised officer) and comply with such reasonable directions as the authorised officer may give for the purpose of causing the cat to be returned to its owner or taken to a council pound, and take reasonable steps to inform the owner of the cat.

Dogs prohibited in some public places

Dogs are prohibited in the following places (whether or not they are leashed or otherwise controlled): any public place, or part of a public place, that is within 10 metres of any playing apparatus provided in that public place or part for the use of children. Any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans. Any public place, or part of a public place, provided or set apart by a local authority for public recreation or the playing of organised games and in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place or part. Any public place or any part of a public place that is used for or in conjunction with public bathing or public recreation (including a beach), in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place). Any property occupied or used for a purpose connected with the conduct of a government school or non- government school under the Education Act 1990, other than any property used for a residence or the curtilage of a residence). Any property occupied or used for a purpose connected with the conduct of an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, other than any property used for a residence or the curtilage of a residence. A shopping arcade or shopping complex, including any part of it that is used by the public for parking or access to shops, in which or part of which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited there. This paragraph does not apply to any shop or part of a shop. Any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place.

Any person (including an authorised officer) can seize a dog that is in a place in which dogs are prohibited. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the owner fails to remove the dog from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog.

A dog is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway).

A dog is not prohibited under this section in a school ground or child care centre if it is there with the permission of the person controlling the school ground or child care centre.

A dog is not prohibited under this section in a place within a shopping area if it is there in a vehicle that is secured in such a way as to prevent the dog from escaping from it, or with the permission of the person controlling the place, or for the purpose of being taken to or from a pet shop, the premises of a veterinary practitioner or a similar establishment.

Dogs not prohibited in outdoor dining areas in certain circumstances

The relevant legal restrictions do not prohibit a dog (other than a dangerous or restricted dog) from being in an outdoor dining area if the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and the person does not feed the dog or permit the dog to be fed, and the dog is kept on the ground, but does not include any part of an area that is used for the preparation of food.

Seized animals must be delivered to owner, council pound or approved premises

A person who seizes an animal under the authority of this Act must cause the seized animal to be delivered as soon as possible to its owner, or to a council pound, or to any approved premises.

In the case of an animal that has been seized by a person who is not an authorised officer, subsection (1) is complied with by the person if the person, as soon as possible after seizing the animal, makes an arrangement with an authorised officer for the animal to be delivered by the officer to its owner, a council pound or approved premises.

Seized animals detained at approved premises

If a seized animal that is detained at approved premises is not claimed after the period of 72 hours following the delivery of the animal to the approved premises, the person in charge of the premises must cause the animal to be delivered to a council pound.

Dogs defecating in public place

If a dog defecates in a public place the owner of the dog, or if the owner is not present at the relevant time and another person who is of or above the age of 16 years is in charge of the dog at that time-that other person, must immediately remove the dog’s faeces and properly dispose of them. This does not apply when the dog is an assistance animal being used bona fide by a person with a disability to assist the person and the person’s disability makes compliance by the person with this section not reasonably practicable.

Offences where dog attacks person or animal

If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal the owner of the dog, or if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time-that other person, is guilty of an offence. It is not an offence under this section if the incident occurred as a result of the dog being teased, mistreated, attacked or otherwise provoked, or as a result of the person or animal trespassing on the property on which the dog was being kept, or as a result of the dog acting in reasonable defence of a person or property, or in the course of lawful hunting, or in the course of the working of stock by the dog or the training of the dog in the working of stock.

Dog must not be encouraged to attack

A person who sets on or urges a dog to attack, bite, harass or chase any person or animal (other than vermin) is guilty of an offence, whether or not actual injury is caused. This does not apply to something done by a person in the reasonable defence of a person or property, in the course of the use of a dog for the working of stock or the training of a dog in the working of stock, in the course of lawful hunting.

Assistance animal not to be denied entry

Procedures must be in place to ensure that all animals receive the appropriate level of daily attention/inspection, feed and exercise over non-trading days.

An occupier or person in charge or control of a building or place open to or used by the public or a person in charge or control of any public transport must not, without reasonable cause, refuse to permit a person to take an assistance animal into or onto, or while accompanied by an assistance animal to enter or be in or on, that building or place or public transport if the person has a disability and is using the animal bona fide to assist him or her.

Duties of councils in relation to companion animals killed by traffic

A council is required to take such steps as are reasonable to ascertain the ownership of any companion animal found in its area that appears to have been killed as the result of being hit by a vehicle, and if the animal that has been killed was an identified companion animal-to notify the Director-General and the owner of the animal (if the owner can be identified) that the animal has been killed.

 

Compiled from the Prevention of Cruelty to Animals Act 1979

Carriage and conveyance of animals

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.

Animals to be provided with food, drink or shelter

A person in charge of an animal shall not fail to provide the animal with food, drink or shelter, or any of them, which, in each case, is proper and sufficient and which it is reasonably practicable in the circumstances for the person to provide.

Confined animals to be exercised

A person in charge of an animal which is confined (including tethering the animal by means of a rope, chain or cord or by any other means) shall not fail to provide the animal with adequate exercise during a period of 24 hours. This does not apply to a person in charge of an animal if the animal is a stock animal other than a horse, or an animal of a species which is usually kept in captivity by means of a cage. This does not include carrying or conveying the animal, or displaying the animal in a public exhibition or public competition in a manner that inflicted no unnecessary pain upon the animal, and for a period not exceeding 24 hours.

Tethering of animals

A person shall not tether an animal for an unreasonable length of time or by means of an unreasonably heavy, or unreasonably short, tether.

A person must not confine a bird by means of a tether unless that bird was a raptor and that the tether involved was a jess that was used solely to tether the bird to its handler.

Animals not to be abandoned

A person shall not abandon an animal.

Injuries to animals to be reported

The driver of a vehicle which strikes and injures an animal (other than a bird) shall not fail where, in consequence of the injury, pain has been inflicted upon the animal-to take reasonable steps to alleviate the pain, and where that driver believes, or ought reasonably to believe, that the animal is a domestic animal-to inform, as soon as practicable, an officer or a person in charge of the animal that the animal has been injured.

Certain traps not to be set

A person shall not, in a prescribed part of New South Wales, set a trap of a prescribed type.

A person must not in any part of New South Wales, set a steel-jawed trap, or a steel-jawed trap with the intention of using it to trap an animal.

Sale of certain animals by charitable organisations

This applies in respect of the following: an animal retained by an officer of a charitable organisation in accordance with this Act; a stray or abandoned animal delivered to or otherwise coming into the possession of a charitable organisation; an animal surrendered to a charitable organisation.

A charitable organisation may sell or rehouse, either permanently or temporarily, an animal to which this section applies (other than an animal that was surrendered by its owner to the charitable organisation), or cause any such animal to be humanely killed and its body disposed of, if the animal has been kept by the charitable organisation for a period of not less than 21 days, and the charitable organisation has made reasonable inquiries to find the owner or person in charge of the animal, and within that 21-day period, the owner or person in charge of the animal has not been found or come forward to claim the animal or has refused to take care of the animal.

A charitable organisation may at any time sell or rehouse, either permanently or temporarily, an animal to which this section applies that was surrendered by its owner to the charitable organisation, or cause any such animal to be humanely killed and its body disposed of.

 

Compiled from the Prevention of Cruelty to Animals (General) Regulation 2006

Conduct of animal trades

Appropriate records must be kept to ensure that the care and treatment of animals can be properly monitored.

Each animal is to be provided with accommodation and equipment that is suited to the physical and behavioural requirements of the animal.

Each animal is to be protected from extreme climatic and environmental conditions and from interference by people.

Each animal is to be provided with sufficient space within which to rest, stand, stretch, swim, fly or otherwise move about.

Each animal is to be provided with a sufficient quantity of appropriate food and water to maintain good health.