New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 32

32 Action to protect persons and animals against cats

(1) Any person may lawfully seize a cat if that action is reasonable and necessary for the protection of any person or animal (other than vermin) from injury or death.

(3) If a cat that is not under the effective control of some competent person enters any inclosed lands within the meaning of the Inclosed Lands Protection Act 1901 and approaches any animal being farmed on the land, the occupier of the land or any person authorised by the occupier can lawfully injure or destroy the cat if he or she reasonably believes that the cat will molest, attack or cause injury to any of those animals.

(4) An authorised officer who finds a cat attacking or harassing an animal (other than vermin) within a wildlife protection area (as defined in section 30 (1) (b)) can lawfully injure or destroy the cat if there is no other reasonably practicable way of protecting the animal.

(5) A person who takes action under the authority of this section that results in the injury to or death of a cat must--

(a) take reasonable steps to ensure that an injured cat receives any necessary treatment, and

(b) report the matter to an authorised officer (unless the person is an authorised officer) and comply with such reasonable directions as the authorised officer may give for the purpose of causing the cat to be returned to its owner or taken to a council pound, and

(c) take reasonable steps to inform the owner of the cat.

(6) An authorised officer is not to give a direction under this section for the purpose of causing a cat to be taken to a council pound unless the authorised officer is satisfied that the owner of the cat cannot be identified.

(7) Nothing in this section authorises a contravention of the Prevention of Cruelty to Animals Act 1979 .

(8) The authority conferred by this section to destroy a cat extends only to authorising the destruction of the cat in a manner that causes it to die quickly and without unnecessary suffering.