New South Wales Consolidated Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1979 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 36 (2))

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Prevention of Cruelty to Animals Amendment Act 1997

Prevention of Cruelty to Animals Amendment (Tail Docking) Act 2004

Prevention of Cruelty to Animals Amendment Act 2005

Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007

Prevention of Cruelty to Animals Amendment Act 2009

(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

1A Definition

In this Part, "commencement day" means the day appointed and notified under section 2 (2).

3 References in other Acts

On and from the commencement day, a reference in any other Act to the Prevention of Cruelty to Animals Act 1901 shall be read and construed as a reference to the Prevention of Cruelty to Animals Act 1979 .

Part 3 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment Act 1997

4 Certain charitable organisations taken to be approved for interim period

(1) A charitable organisation (including the Royal Society for the Prevention of Cruelty to Animals, New South Wales and the Animal Welfare League) whose officers were authorised under this Act immediately before the commencement of section 34B is taken to be an approved charitable organisation for a period of 3 months after that commencement.

(2) Nothing in this clause prevents:

(a) a charitable organisation from applying to the Minister for approval under section 34B at any time after its commencement, or

(b) the Minister from making an order under section 34B (2) in relation to a charitable organisation referred to in subclause (1) at any time.

5 Transitional arrangement-reports of approved charitable organisations

A charitable organisation that is approved, or taken to be approved, under section 34B is not required, despite that section, to provide the Minister with a report of the exercise by its officers of law enforcement powers under this Act for the period ended 30 June 1997.

Part 4 - Provisions consequent on enactment of Prevention of Cruelty to Animals Amendment Act 2005

6 Inspectors

An officer who, immediately before the repeal of section 25, 26 or 26A, was the holder of a prescribed authority issued for the purposes of that section is taken on and from that repeal to have been issued with an authority by the Minister as referred to in the definition of "inspector" in section 24D (1).

7 Proceedings for offences

(1) The repeal of section 24 (1) (d) does not affect any proceedings for an offence committed before the repeal.

(2) Section 34 (4) applies to offences whether committed before, on or after the commencement of that subsection.

Part 5 - Provision consequent on enactment of Prevention of Cruelty to Animals Amendment (Prosecutions) Act 2007

8 Proceedings for offences

Section 34AA does not apply to offences committed before the commencement of that section.