In June 2021, NSW Parliament passed the Prevention of Cruelty to Animals Amendment Act 2021 which made several important changes to the Prevention of Cruelty to Animals Act 1979 (POCTAA).
The NSW Government made these changes as an interim step ahead of delivering its commitment to reform the NSW animal welfare legislative framework. Public consultation undertaken as part of the reform process in 2020 showed strong community support for modernising NSW animal welfare laws. The NSW Government will continue to consult with the community as the reforms progress.
The changes increase both maximum financial penalties and gaol time for key animal welfare offences to make them some of the highest in Australia.
Offence | Current maximum penalty | New penalty |
---|---|---|
Cruelty (section 5) | Individual: $5,500 and/or 6 months imprisonment Corporation: $27,500 PIN: $500 ($1,500 for corporations) | Individual: $44,000 and/or 12 months imprisonment Corporation: $220,000 PIN: $1,000 ($5,000 for corporations) |
Aggravated Cruelty (section 6) | Individual: $22,000 and/or 2 years imprisonment Corporation: $110,000 | Individual: $110,000 and/or 2 years imprisonment Corporation: $550,000 |
Fail to Provide (section 8) | Individual: $5,500 and/or 6 months imprisonment Corporation: $27,500 PIN: $200 ($1,000 for corporations) | Individual: $16,500 and/or six months imprisonment Corporation: $82,500 PIN: $500 ($2,500 for corporations) |
Non-compliance with a court order | Individual: $2,750 | Individual: $5,500 and/or 6 months imprisonment |
* “PIN” is a Penalty Infringement Notice