Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 [NSW] Explanatory note
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Schedule 1[4] makes clear that guidelines prescribed or adopted by the regulations under the Act, section 34A(1) have no effect to the extent the guidelines are inconsistent with a provision of the Act or the regulations.
Schedule 2 Amendment of Prevention of Cruelty to Animals Regulation 2012
Schedule 2 omits provisions that become obsolete as a result of the proposed amendments in Schedule 1 and makes other consequential amendments.
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b2023-021.d09
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Introduced by the Hon Emma Hurst, MLC First print
New South Wales
Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023
Contents
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Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200 3 Schedule 2 Amendment of Prevention of Cruelty to Animals Regulation 2012 4
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New South Wales
Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023
No , 2023
A Bill for
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An Act to amend the Prevention of Cruelty to Animals Act 1979 to prohibit keeping laying hens in battery cages; and for other purposes.
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Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 [NSW]
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The Legislature of New South Wales enacts—
1 Name of Act This Act is the Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Act 2023.
2 Commencement This Act commences on the first anniversary of the date of assent to this Act.
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Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 [NSW] Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
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Schedule 1 Amendment of Prevention of Cruelty to Animals Act 1979 No 200
[1] Section 4 Definitions Insert in alphabetical order in section 4(1)—
laying hen means a chicken kept for commercial egg production.
[2] Section 21D Insert after section 21C—
21D Prohibition on keeping laying hens in cages (1) A person must not confine a laying hen in a cage.
Maximum penalty— (a) for a corporation—2,000 penalty units, or (b) for an individual—400 penalty units or imprisonment for 1 year, or
both. (2) Subsection (1) does not apply to a person carrying or conveying a laying hen.
[3] Section 24 Certain defences Insert after section 24(2)—
(3) This section does not apply to a person accused of an offence against section 21D.
[4] Section 34A Guidelines relating to welfare of farm or companion animals Insert at the end of the section, with appropriate subsection numbering—
Guidelines prescribed or adopted under subsection (1) have no effect to the extent the guidelines are inconsistent with a provision of this Act or the regulations.
[5] Section 35 Regulations Omit “fowl (domesticated chickens) for commercial egg production” from section 35(3)(a). Insert instead “hens”.
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Prevention of Cruelty to Animals Amendment (Battery Cage Prohibition) Bill 2023 [NSW] Schedule 2 Amendment of Prevention of Cruelty to Animals Regulation 2012
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Schedule 2 Amendment of Prevention of Cruelty to Animals Regulation 2012
[1] Part 2, heading Omit “fowl for egg production”. Insert instead “laying hens”.
[2] Clauses 4A and 4, definition of “non-cage housing”, Division 3, heading and clauses 13(2), (3)(a), (4) and (5), 14(1), (2) and (3), definition of “nest box”, 15, 16, 17, 18 and 19(2) Omit “fowl” wherever occurring. Insert instead “hens”.
[3] Clause 4, heading Omit “Definitions”. Insert instead “Definition”.
[4] Clause 4, definitions of “floor area”, “fowl” and “laying fowl” Omit the definitions.
[5] Part 2, Division 2 Omit the division.
[6] Clauses 13(1) and (3)(b) and 14(3), definition of “single-bird nest” Omit “fowl” wherever occurring. Insert instead “hen”.
[7] Clause 13 Access to food and water Omit “feeding laying fowl” from clause 13(3). Insert instead “feeding laying hens”.
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