the animals protection act of 1925.
Transcription
the animals protection act of 1925.
396 THE ANIMALS PROTECTION ACT OF 1925. (16 Geo. TI. No. 25.) dlt Act for t h e iiore Effectual Trwvnfion o/ Crirrlty t o Animals. [Assented to 12th November, 1925.3 1. Short title.-This Act may be cited as ‘’ The Aszimals I’.rotcction A c t of 1923.” 2. Repeal of 1 Edw. VII. No. 26.--‘‘TIlc of 1901” is repealed. Animals Protcciicrlz Act 3. Interpretation.-In this i l c t , uulcss the contest othcrwise indicates, t.he following terms have the iucaniiigs s c t against them respectively, that is to say:“Animal”-Any domestic or captive or inipoundecl animal; “Domestic aiiima1”-Any horse, ass, mule, bull, sheep, pig, goat*, dog, cat, or poultry, or any other animal of Tvhatsoever kind or species, and whether a quadruped or not, which is tame or Ifhieh has been o r is being sufficiently tamed t.o serve some purpose for the use of man; Captive aniinal’’--,Iny animal (not being a doiucstic animal) of whatsoever killd or spccics, and iv1iCthey a qnadruped or 110t, including any hircl, fish, or reptile, which is in captivity or confiiicrncut , or vliich is m a i n i d , 1)jiiioiied, or subjected to any i~ppliiiricc or contrivance for l’tict piwpose of hiudering or prcvcziting its cscape from cspt ilrity or confinement; “Officer”-The lollowing paid servants of the Queenslanci Society for the Prevention of Cruelty, namely-the Secretary, Chief ( ( 397 Ai imals Protection Act of 1925. ss. 3, 4. Inspector, and Inspectors, also every member of the police force and any other person approvcd to be an officer under this Act by the Governor in Conncil; “ Court ”-Any court of petty sessions tincler “The Justices Acts, lSSG t o 1924”; “Ill-treat ” iiicludes ill-treat, wound,, mntilate, overdrive, oyerride, overwork, abuse, worry, torment, tort lire and cause any aniinal unnwessary 1)aiii o r suffering ; also ovcrload o r drive wlien overloaded, and ovcrcro~vcI, ancl unreasonably Iwat or kick ; “Po~uitl” iiscd in relation to the impounding or confining of aiiiiiiills, inclucies a place of any kind in which animals arc confincd uucler the impounding laws of Queensland ; ancl “inipounded ” has the same correlative meaning. For Thc, Jiisticcs .Icts, ISHG t o 103‘7, w e titlc J~STICTS. Yor w1i:it is ‘ ‘~iiiiecessnry’ ’ snffcriiig, sec Cu)mi~{/Imm v. Sparrow, [l924] S.A.E.lt. 1 7 . 4. Offences of cruelty.-(1.) It shall be an offence agaiust this -1ct for any pcrsoii to( U ) Ill-treat ol* cause or procure t o be ill-treated or be iz party l o ill-treating sluy animal; or ( 6 ) Negllcet t o supply any domestic nriirnal o r iuipou~~clecl or captive animal with sufficient suitable ifooil or water o r protection against hot or inclement weather ; or t c ) Keep o r use or act in the rnanngement of any place where fighting o r baiting of any animal is allowed, o r receive money f o r the admission of any person t o any such place; or ( t l ) Convey, carry, or pack, o r cause to be conveyed, carried? or packed, any animal in such manner o r position as t o subject such animal t o unnecessary pain or snEering; o r in a case o r crate that is not higher and longer than such animal; o r ( e ) Ride, drive, use, convey, or carry any animal which is unfit for such use or treatment; o r (f) Keglcct, as the owner or person in charge, t o reasonably exercise or release or cause to be exercised or released at least once it day any dog habitually tied up ; o r (9)Convey, carry, o r pack, or cause t o be conveyed, carried, o r paekecl, any live poultry in a case or crate together with other poultry which is of different species ; o r ( h ) Except for medicinal o r carative purposes administer any poison, drug, medicine, local anasthetic, o r noxious substance t o any animal entered or about t o be entered in any race o r upon any racecourse, or upon any ground used for the coursing of dogs, or espose any poison, drug, medicine, o r noxious substance with the intention that the same shall be taken, swallowed, injected, or inhaled in order t o impede o r affect. the safety, endurance, speed, sense, health, or physical condition of any aiiiiiial, or m e or apply any galvanic or electric battery or other similar appliance upon o r t o any animal during its training for or before o r after being entered f o r any race or upon any racecourse. 5, Homing pigeons.-(1.) X o person shall inteiitioiially o r negligently shoot, kill, disable, ensnare, trap, or otherwise injure 01‘ (not being the owner) confine or cause t o be confined any homing 1 woii knorring or hai5ng reasoliable cause t o believe that the pigcon 1s ii homing pi,meon. (2.) No person shall enter upon any enclosed land or premises for the purpose of unlawfully killing, wounding, disabling, ensnaring, catching, taking, or in anywise injuring or destroying any hominc pigeon of which he is not the ovaer. (3.) No person shall, without due authority in that behalf (tho proof whereof shall lie upon him!, remove o r tamper with any metal or rubber ring affixed o r attached t o either or both legs of a homing pigeon. (4.)If any person( a ) Offending against this section does not, when thereunto recjnireci, give his name and address, o r gives a false name and address, to any person; o r (a) JTithout reasonable excuse cloes uot mi reqrwst being rnacic, and production of reasonable evidence of ownership, dc1ivc.r up to the owner any homing pigeon, he shall be guilty of a n offence against this Act. 399 ss. 5-7. ( 5 . ) For the purposes of this section, the term “Homing pigeon” includes all pigeons used as bearers of messages o r as racing pigeons, and which have affisccl or attached to either or both legs a, rubber or metal ring. For parties t o offeiiccs, sce s. 17, post, niid notes thereto. No penalty appears t o bc imposed for 1ireachc.s of this section. appears t o render such breaches suiiiriinry offences. S. 31, post, 6. Compensation f o r injury caused to animal, person, or property, any person, by cruelty within the meaning of this Act t o any aniinal, does or caiises to be done any damage or injury to the animal o r any person or property, he shall upon conviction under this Act be liable, upon the application of the person aggrieved, to be ordered t o pa!-! as compensation to the person mho sustains damage o r injury as aforesaid, such siiiii not exceeding ten pounds as the c o u r t before which he is convicted may consider reasonable : Provided that this section shall not( a ) Prevent the taking of any other legal proceedings in respect of any such damage or injury, so that a person be not twice proccccietl against in respect of the same claim; nor ( b ) A f f ~ c tthc liability of any person to be proceeded against and punislied under this Act for an offcnce under this Act. --If This section roplaccs a. provision o f S. 1.1 ~f The Animals Protection Act of 1901. For cruelty, see 8. 4, mzlc, and notes thereto. No compcnantion is payable where an animal is killed in aceordance with 813. 13, 14, TJOSt. Sce, also, 8. 4 ( 3 ) , awte. 7. Exemptions.-(1.) Escept as hereinafter provided, nothing in this Act shall render uplawfulThe slaughtering of any animal in any manner which may be necessary to comply with the requirements of the Jewish o r other religion; 01. The dehorning of cattle, or the castration, speying, earsplitting, ear-marking, or branding of any animal, o r the tailing of any lamb, where the operation is performed with a minimum of suffering to the animal operated upon ; o r The estermination of rabbits, marsupials (not being protected under any law) dingoes, wild o r stray dogs or cats, foxes, or vermin ; o r The ext.ermination or destruction of any animal under the acthority of any Act, regulation, or by-law in force for the time being; or The hunting, snaring, trapping, shooting, o r capturing of any animal not in a domestic state and not being protected under any lam; or Any vivisection or other experinlent performed on any animal in accordance with regulations made by the Governor in Council for the humane conduct of such experiments, by any person who is (pursuant to such regulations) duly authorised by the Home Secretary t o perform such experiments; or Any operation of the nature of an inoculation o r of a feeding experiment. 400 [Vol. I. ss. 7, 8 , (2.) The exemption in this section contained shall not take effevt( a ) I n any case of ill-treatment : or (8) I n any case of vivisection or other experiment as descrlberl in paragraph (3') of subsection one hcreof wherein the folloving conditions are neglected, that is to say:(i.) The operation shall be performed in accordance with iiic said wgulations ; (ii.) The aiiiiml subject, t o the operation shall, c'uring t tic ~ r h o l c tiinc thcwol'. 1 1 t h so uiidvr the itifiuciicc of sotile aiitv~tlir~tivas to be inseiisible i o 1)ain ; (iii.j Whcr; tlic aninial Iias in tlie coiirsc of t l w opcration l r ~ c n so ill jniw1 iliat its recovery wonld iiivolvc serious snll'ering, it sliall be destroyed while still insensible in accorclance with the said regulaiions : (iv.) An anitnal w-hich lias sufl'ered one nperat io11 shall n o t he snbjectecl t o another. This section replaces s. I 2 of Tlic Animals Protectiou .\vi of 1901. For dcfinitioiis of animal " and ' ill-trentmcnt " s w - li. 3 , (zt!,!c. 8. (1.)Power to prohibit use of animal unfit for work.-U' a ~ i y officer is of the opinion that any animal is unfit to bc iiscvl i n work o r labour, or in work o r labour of any particnlar liiutl, hv iiiay, by notiw signed by hini and delivered t o any person aplmrciitlj- in charge of such animal, direct that such animal is not to lie u s c ~ lin worli or labour or in work or labour of the kind specificcl in siicli notice, f ~ r any time therein not exceeding twenty-one clays. (2.) If any court is of a like opinion, the court, may cause t o be served on the owiier or the person in charge of the aniitial a like notice. (3.) Extension of prohibition.-At the espiration of the period mentioned in any notice so delivered or served, tlie officer o r the court, as the case may be, may in like manner serve or deliver a further notice directing that such animal is not. to he used for a fnrther period not esceecling tr~enty-onedays. (4.)Application for removal of prohibition.-Any person who considers that he is injured or aggrieved by snch notice may make application to a court t o have the notice annulled or varied, and thereupon the court may summon the officer to show cause to tlic contrary. No costs shall be given against an officer in any such proceeding unless the court is of opinion that the officer acted without reasoiirahlr cause. ( 5 . ) Any person who contravenes the provisions of any notirqe issued in accorclance with this secfion ancl dcliwred t.0 him or brought to his knowledge shall be guilty of cruelty, ancl sllall be liable to he punished accorclingly. (6.) The provisions of this section are in addition to and shall not be coilstrued as being i n derogation of any othrr prorision of this Act. For definitions o f " oflicer, " ' 'animal, " and ' vourt, ' ' sce s. 3, m t c . For the pciinlty €or cruplty, see 9. -1 ( I ) ? ante. 401 AwimaZs Pf*otectioli$Act of 1925. SS. 9-13. 9. Officer may enter and inspect.-Any officer may enter into any place whatsoever for the purpose OP inspceting any animal therein and the acconiii~odationf o r such animals o r for the purpose of ascertaining whether any of the provisions of this Act, have been or are being contravened. Any person hindering such officer from so doing shall be guilty of an offence against this Act, and be liable t o a penalty not esceeding ten pounds. For dcfinitions OF‘ ‘Lofficcr” and “animnl,” gcc s. 3, m i t e . 10. Apprehension of offenders.-Any nicwber of the police force, upon his own vicw or 17po1~the complaint ant1 information of any other person, ~iiay,willtout any warrant other than this Act, take into custody any person committing or ~cssonablysuspcctcd of having committed 2111 ofr‘ence against any ot‘ i h c provisions of this Act. ancl bring S17Ch person before a jwticu For the purpose of Ixing dealt with according l o Ian.. This section replaces s. 1 0 of The Animals Protcrtion A c t of 1901. Scmblr. in a case witliiii this scvtion there is n o ncvrssiig f o r c1 summons. Sre B. I-. Ju,vlicw u t C h ~ t l i i n , [l!)STJ St. X. Qtl. 369; 1!127] Q.W.N. 53; 3 1 Q.J.J’.II. 133. 11. Vehicles, &c., may be detained.-(1.) Whcuewr a member of the policc forcc arrcsts any person having cliargc of any vehicle or aniiiial for an of‘fcncc against this Act, h c iziay take possession of such rehiclc o r animal, and aiiy sadt‘lle and harness on or attachecl t o such aniuial or vcliicle, and deposit the same in some place of safe custody f o r the plirpose of producing t h e same as evidencc in a prosecution under this Act, or as security for payment of any penalty o r cornpensation to which such person or the owner of such vehicle or animal may become liable, and the expenses which have been or may be necessarily incurred for taking charge of and keeping the same; and he may in like manner take possession of any implement, stick, whip, or other weapon i n possession o r under the control of the alleged offender. (2.) The court which hears the case may in default of payment order such vehicle, animal, saddle, o r harness, o r any of them, to be soId for the purpose of satisfying such penalty, eotiipensatioa (if any), and reasonable expenses in like manner as if t.hcy had been distrained upon f o r the payment of the same. This section replaces S. 11 of The Animals Protcction Act of 1901. F o r definitions of ‘ animal’ and ‘ ‘ court, ” see s. 3, ante. As t o compensation sec s. 6, ante. [ 12. Limitation.-Every complaint in respect of a n offence agaiust illis act. shall be laid o r made within thirty days after the cause of offence o r complaint came t o the knowledge of the complainant. 13. Destruction of certain animals in certain cases.-- (1.)Any animal found abandoned or diseased, or injured, o r disabled t o such an extent that its existence involves continued suffering, may be killed upon the authority of a justice o r veterinary practitioner, o r officer, o r an officer of the Local Authority having jurisdiction vithin t h e area There the aniriial is found, whether such animal has been the subjectmatter of a prosecution or not: Provided that in any case There the authority of a veterinary practitioner has not been obtained under this provision, notice of the 402 SS. 13-15. w0i. I. proposed killing shall wherever reasonably practicable be given to the owner of the animal, and he shall be at liberty within twenty-four hours after the receipt of such notice to obtain at his own cost the opinion of a veterinary practitioner as to the probability of the recovery of the animal, and, whenever such notice bas been given, such killing shall not take place until after the lapse of such twenty-four hours. Notice of the fact of such killing shall in every case be given to such Local Authority, and such Local Authority may recover any cost incurred by it, in the destruction and disposal of the carcass, from the owner of any such animal, by complaint before any two justices. No compensation shall be recoverable against any person in respect of the killing of an animal under this section. (2.) If an injured animal can without cruelty be removed, it shall be the duty of the person in charge of the animal t o cause it forthwith to be removed with as little suffering as possible, and if that person fails to do so an officer may, without the consent of that person, cause the animal forthwith to be so removed. (3.) Any expense which may be reasonably incurred by a n officer in carrying out the provisions of this section, and whether the animal is ldled under this seetion o r not, may be recovered from the owner summarily as a civil debt. Subs. (I) rephces s. 9 of The Animals Protection Act of 1901. For dcfinitions of “officer” and “animal,” sec s. 3, ante. 14. Killing of animals.-If it is made to appear t o any justice by personal inspection, or by the testimony of a reliable witness, that any animal impounded in any pound or found elsewhere is in such a weak, disabled, or diseased state that it ought t o be killed, it shall be lawful f o r him, by writing under his hand, to order that the said animal shall be forthwith killed; and such order shall be sufficient authority t o the poundkeeper or owner of such animal or any other person authorised by the said justice to kill the same, and no compensation whatever shall be recoverable in respect of such killing. 15. Power t o private persons t o provide food for animals in confinement.-If any animal is at any time impounded o r confhed in any yard, pen, cage> hutch, pound, or receptacle of the like nature, or deprived of its liberty, and continues impounded, confined, or restrained without fit and sufficient food aud Tater for more than twenty-four consecutive hours, or in the case of ruminants for more than eighteen hours, it shall be lawful for any person whomsoever to enter iato arid upon any pard or premises or any pound o r other yeceptaclt: of the like nature in which any such animal is so conhed, and to supply such aniinal vith fit and sufficient food arid water during so long a. tiice as it remains and continues so impounded, confined, or restrained, without being liable to any action of trespass or other proceeding by any person vhomsoever for or by reason of such entry f o r the purposes aforesaid. The reusonable cost of such food and water shall be paid by the owner or person having the custody of such animal to the person ~ t i o has supplied the same, and siicb cost may be recovered by complaint before the court. This section replaces s. S of The -4nimals Protection Act of 1901. 403 Air iliiuls Protectioii Act of 1925. ss. 16, 17. 16.Obstructing officers.-Any person who( a ) Unlawfully obstructs, hinders, molests, or assaults any officer who is authorised to exercise any power or authority under or by virtue of this Act; o r ( b ) Is committing an offence under this Act, and when required by au o€fieer to give his name and aciciress refuses to do so or gives a false name and addressshall bc guilty of an offciice against this Act, and liable t o a penalty not csceccliii g ten poiinds. 17. (1.) Parties t o offences.--l3wy person sliall be deemed to be guilty of an ogence unclcu iliis A c t who( ( I ) Aclualljr coitiiiiits such ofleiice ; or ( 0 ) Aids o r abets any person in the cornmission thereof ; or Directly or indirectly causes 01’ couiiscls or procures any pci’son to commit such offeiice; or ((2) iiiioivingly permits such offencc to lw coitiinittcd in cziiy place iu his possession, or under his control; or ( c ) 1s t h e owiier or a pcrson having 1)osaussioii or custody o r control of m y animal in respect of which such offence has bccn committed, unless lie roves that lie liad taken all rcasouable precautions against the coiiiruission of an offence under this Act and that he had a t the time no reason to suspect that any such offence was being or would be committed. (2.) Permitting cruelty.-For the purposes of this Act, an owner 01‘ person having possession or custody or control of any animal shall be deemed t o have permitted cruelty if he has failed t o exercise reasonable care and supervision in respect of the protection of the animal therefrom, o r failed to take reasonable steps t o prevent the unnecessary suffering of the animal. (3.) Exoneration of employee in c e r t a h cases.-Whenever any person, who is an employee charged with any offence under this Act, proves to the satisfaction of the court that the acts constituting the offence were done o r permitted by him in the course of his employment as such employee and that prior t o the commission of the offence he called his employer’s attention t o the unfitness of the animal for the use or treatment constitnting the offence, the court may discharge the defendant o r adjourn the hearing, and issue a summons against the employer for a like offence. I n the event of the employer being found guilty, the court may order him t o pay the costs incurred in prosecuting both himself and his employee. ( ( 8 ) Subs. (1) (a)-(@ of this section replaces S. 13 of The Animals Protection Act of 1901. F o r definitioii of “animal,” sec s. 3, ante. A person who aids or abets t h e coinmission of an offence may be charged sinilily x i t h lixvinq committed it. (Adans T. Monfype?iny, [1915] St. R. Qd. 195; [1915] Q.W.N. 29; 9 Q.J.P.11. 194.) Subs. (2) forms an exception t o the rule that guilty knowledge is essential to an offence and must be proved. (See Hnlsbury’s Laws of England (2nd ea.), Vol. 1, p. 585; English and Empire Digest, Vol. 2, p. 284.) In Whiting v. I U ~ S (1915), 84 L.J.K.B. 1878, it was decided that the onus of proving reasonable car0 and supervision lies on the owner. 404 ss. 18-21. Aninz 01s and B i ~ d s . [Vol. P o 18. Employers and owners to produce animals and drivers when req&ed.--(l.) \There proceedings are instituted under this Act, it shaU be laKful f o r the court t o issue a, summons directed to the owncz‘ of the animal requiring him to produce, either at or a t any time before the hearing of the case, as may be stated in the summons, the animal f o r the inspection of the court, if such production is possible without cr-fieltF. (‘7.j Where proceedings are instituted under this Act against tlrv clriver o r conductor of any vehicle, it shall be lawful for the court t o issue a summons directed t o the einploycr of thc driver or condiictor, as the case may be, recliiiring him, if it is in his power so to do, t o produce the driver o r conductor at the hearing of the case. (3.) Where a summons is issued under either of the foregoing subsections of this section, ancl the owner or employer, as the case I t l a y be, fails to compls thereu-ith without satisfact<ory cscusc, lie shalt 1)c liable upon surumary convictiou to a pezialiy n o t exccecling five p o n ~ 1~sc f o r the first occasion, and n o t esceccling ten pounds Tor the sccontt o r any subsequent occasion on which hc. so fails, and iiiay hc? rvqiiirtjd z t) pay the costs of any adjournment reiiclcred necessary by his lailurc. F o r a definition of ‘;court,” sec 8. 3, w t 1 ( . For “crueltg,” see s. 4j nrtlc, aiid notcs tlicrcto. 19. Person convicted may be deprived of ownership.--ZC the OWL~CI’ of any animal is g-nilty of cruelty, within the ~ u c a n h gof tliis Act, t o an animal, the court upon his conviction thereof may, if it tbinlis fit., if it is shou-n by evidence as t o a previous conviction, o r as to t h e character of the owuer, or otherwise, that the animal if lcft with the owner is likely to be exposed t o further cruelty, in additioii t o any o t h e r punishment, deprive such person of the ownership of the animal, aud make such order as to the disposal of the animal as it thinks fit u n d e r the circumstances. For “cruelty,” see s. 4, ante, and notes thereto. 20. Sale and purchase of decrepit animals.-An auctioneer or other person who sells o r offers €or sale, and any person who buys or attempts to knowingly buy, except for the purpose of slaughter, any horse, ass, mule, or other domestic anirnal, which is so old, or permanently diseased, o r pennanently disablecl that it is uufit €or work, shall be guilty of an offence against this Act, and liable to a perialty not exceeding five pouncls nor less than tvo pounds. The production of a certificate from the buyer of any such animal, +en at the time of sale t o the auctioneer or vendor, that the animal ? IS being purchased for immediate slaughter, shall be a defence to a213’ prosecution of an auctioneer or vendor under this section. For a dehition of ‘(domestic animal,’’ see s. 2, anfc. 21. Slaughtering of decrepit animals.-Every person nvho is employed in the killing of decrepit animals shall couform t o the following rules :(1.) -411 animals shall be slangliterecl, with ns little Imiu :is possible, Tithin t T o days froin t h e time they have heen tlclivcred to the slaughterer. h y animal vrhich is in paiu shall be slaughtered withoxxt deIay. 405 Anhi d s Protectioyz Act of 19%. ss. 21-23. (2.) All animals shall be properly fed and matered alter they have been dclivcred t o the slaughterer. (3.) No animal shall be used o r employed f o r any work after it lias been delivered to the slaughterer. (4.)The slaughterer shall enter. in a book lcept f o r the purpose, such a full and correct description of the coloiir, hriintIs, niarks and gender of every animal delivewcl to him as may elcarly distinguish and identify same, and the name and address of the person Srom whoin the animal was received. The hoolc shall be produced by him o n thc orcler of any c o i i ~ t ,and hc shall allom siich book t o be inspected and estracts t o bc macle therefrom at all reasonable times by any constable o r officer. (5.) The slaughterer shall not part with alive, or procure or yicimit any person t o sell o r part vith alive, any animal that has been delivered t o him for slaughter. (6.) Any person who contravenes any of the provisions of this section shall be liable to a penalty not exceeding ten pounds. ( 7 . ) For the purposes of any provision of this Act whic+lrrelat(1h to offences of criielty, thc slaughterer shall be cleeriud to he thc o w i i ~ r of the animal ~lelivereclt o him, ancl thc anitnal shall he deeniecl t o h a w i w w delivered to him i€ delivered either to himelf o r to any person oil ]lis behalf. CS.) This section shall not apply to any zoological gardens that may hereafter be established in Queensland. For a. definition of “animal,” see s. 3, antc. 22, Procedure.--All proceedings in respect of offences against this Act shall be heard and determined in a summary may under the provisions of “T‘he J w f i c e s Acts, 1886 to 1924.” For time for complaints, see s. 12, ante. For The Justices Bets, 1886 to 1932, see title JUSTICES. 23. Regulations.-The Governor in Council may from time t o time make all such regulations as in his opinion are necessary o r convenient for giying full effect to this Act. -111 such regulations shall be published in the Gasetfe, and mheu so pciblished shall have the same effect as if they were enacted in this Act. and shall be judicially noticed, and shall not be questioned on any ground whatsoever. All such regulations shall be laid before the Legislative AsseinblJwithin forty days after the publication of the same if the Legislative Assembly is then sitting, and, if not, then within forty days after the conlineneement of the next ensuing session of the Legislative Assembly.