New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SECT 35

35 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:

(a) the conditions under which any animal or species of animal may be:

(i) confined,

(ii) carried or conveyed,

(iii) kept or used in connection with a circus, or

(iv) kept or used in connection with the production of films, television programmes or film, television or photographic advertisements or theatrical performances,

(b) the accommodation or shelter to be provided for any animal or species of animal,

(c) the manner in which, and the conditions under which, any animal or species of animal may be destroyed,

(d) the licensing, prohibition, regulation and control of animal trades,

(e) the fees to be paid in connection with the issue of a licence under this Act,

(f) the keeping of records or log books by persons who carry or convey animals, and

(g) the keeping of registers by veterinary practitioners and persons carrying on animal trades.

(2) A provision of a regulation may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or

(d) exempt any person, or any specified class of persons, either absolutely or subject to conditions, from the operation of any specified provision of this Act,

or may do any combination of those things.

(3) A regulation may create an offence punishable by a penalty not exceeding the relevant maximum amount, being:

(a) in the case of an offence relating to animal trades or the confinement or use of laying fowl (domesticated chickens) for commercial egg production-200 penalty units for an offence committed by a corporation and 50 penalty units for an offence committed by an individual, or

(b) in any other case-25 penalty units.

(4) A regulation made under subsection (1) (d) may:

(a) with respect to the licensing of an animal trade, provide for the issue of a licence subject to such conditions as the regulation may impose, or

(b) with respect to the regulation or control of an animal trade, provide that a person shall not conduct an animal trade unless the person is the holder of a licence issued in respect of the animal trade.

(5) Without limiting the generality of subsection (1), a regulation made for the purposes of section 23 may:

(a) prescribe, as a part of New South Wales, the whole of New South Wales except such part thereof as may be specified in the regulation, and

(b) prescribe a type of trap:

(i) by words,

(ii) by reference to a photographic representation which is depicted in, and forms part of, the regulation, or

(iii) by reference to a diagram which is depicted in, and forms part of, the regulation,

or by any combination of those methods.