(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires--
"animal" means--
(a) a member of a vertebrate species including any--
(i)
amphibian, or
(ii) bird, or
(iii) fish, or
(iv) mammal (other than a human
being), or
(v) reptile, or
(b) a crustacean but only when at a building or
place (such as a restaurant) where food is prepared or offered for consumption
by retail sale in the building or place.
"animal cruelty offence" means--
(a) an offence under this Act or the
regulations in relation to an animal, or
"animal trade" means a trade, business or profession in the course of which
any animal is kept or used for a purpose prescribed for the purposes of this
definition.
"approved charitable organisation" means a charitable organisation for the
time being approved by the Minister in accordance with section 34B.
"authorise" includes direct and permit.
"bull" includes ox, bullock, steer, cow, heifer and calf.
"bull-fight" includes any exhibition, spectacle or display (whether or not
conducted for the purpose of gain) in which a person--
(b) teases a bull, or does any other thing in relation
to a bull, in a manner that is likely to cause the bull to fight or to suffer
pain or injury, or
(c) attempts to do any of the things mentioned in
paragraph (a) or (b),
whether or not for the purpose of causing the bull to
fight.
"cage" includes a pit, pen, kennel, hutch and any other similar receptacle.
"cat" means an animal which is a member of the family Felidae.
"charitable organisation" means--
(a) the Royal Society for the Prevention of
Cruelty to Animals, New South Wales, and
(b) any other organisation or
association which has as one of its objects the promotion of the welfare of,
or the prevention of cruelty to, animals, or any class of animals, and which
is a non-profit organisation having as one of its objects a charitable,
benevolent, philanthropic or patriotic purpose.
(a) keep the animal in
captivity by means of a cage or by any other means,
(b) pinion, mutilate or
maim the animal for the purpose of hindering, impeding or preventing the
freedom of movement of the animal,
(c) subject the animal to a device or
contrivance for the purpose of hindering, impeding or preventing the freedom
of movement of the animal, and
(d) tether the animal by means of a rope,
chain or cord or by any other means.
"Department" means Regional NSW.
"dog" includes a bitch and a puppy.
"domestic animal" means an animal which is tame or which has been, or is
being, sufficiently tamed to serve some purpose for the use of human beings,
or which, although it neither has been nor is being nor is intended to be so
tamed, is or has become in fact wholly or partly tame.
"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.
"horse" includes a stallion, gelding, mare, colt, filly, foal, pony, mule,
donkey, ass and jenny.
"officer" means--
(a) a member of the police force or an inspector within the
meaning of the Animal Research Act 1985 ,
(c) a Public Service employee who is
appointed by the Minister, or by a person employed in the Departmentauthorised by the Minister, as an officer for the purposes of this Act.
(b) a person who has the animal in the person's possession or
custody, or under the person's care, control or supervision,
(c) where a
person referred to in paragraph (b) is bound to comply with the directions, in
respect of the animal, of any servant or agent of the owner of the animal,
that servant or agent, as the case may be, and
(g) the Criminal Code
Act Compilation Act 1913 of Western Australia, section 181.
"stock animal" means an animal which belongs to the class of animals
comprising cattle, horses, sheep, goats, deer, pigs, poultry and any other
species of animal prescribed for the purposes of this definition.
"veterinary treatment" , in relation to an animal, means--
(a) medical
treatment of a prophylactic or therapeutic nature carried out upon the animal
by, or in accordance with directions given in respect of the animal by, a
veterinary practitioner, or
(b) surgical treatment of a prophylactic or
therapeutic nature, or sterilisation, carried out upon the animal by a
veterinary practitioner, or
(2) For the
purposes of this Act, a reference to an act of cruelty committed upon an
animal includes a reference to any act or omission as a consequence of which
the animal is unreasonably, unnecessarily or unjustifiably--
(2A) For the purposes of subsection (2) (a), the
pinioning of a bird is not an act of cruelty if it is carried out in the
manner prescribed by the regulations.
(3) For the purposes of this Act, a
person commits an act of aggravated cruelty upon an animal if the person
commits an act of cruelty upon the animal or (being the person in charge of
the animal) contravenes section 5 (3) in a way which results in--
(a) the
death, deformity or serious disablement of the animal, or
(b) the animal
being so severely injured, so diseased or in such a physical condition that it
is cruel to keep it alive.
(4) Notes included in this Act do not form part of
this Act.