{"id":"royal-society-prevention-cruelty-animals-act-1968","name":"Royal Society for the Prevention of Cruelty to Animals Act 1968","slug":"royal-society-for-the-prevention-of-cruelty-to-animals-act-1968","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176185,"registerId":"vic-royal-society-prevention-cruelty-animals-act-1968-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Royal Society for the Prevention of Cruelty to Animals Act 1968","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nRoyal Society for the Prevention of Cruelty\nto Animals Act 1968\nAct No. 7690/1968\nVersion as at 26 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title 3\n2. Definitions 4\n3. Validations 4\n4. As to property 7\n5. Saving 8\n__________________\nSCHEDULE 9\n═══════════════\n1. General Information 21\n2. Table of Amendments 22\n3. Explanatory Details 23\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nRoyal Society for the Prevention of Cruelty\nto Animals Act 1968\nAct No. 7690/1968\nVersion as at 26 February 2003\nAn Act relating to the Incorporation and Administration of the\nRoyal Society for the Prevention of Cruelty to Animals and for\nother purposes.\nWHEREAS in the year One thousand eight\nhundred and seventy-one the Society known as\n\"The Victorian Society for the Protection of\nAnimals\" (which society under that name and its\nsuccessive names and descriptions as hereafter\ndescribed is hereinafter referred to as \"the\nSociety\") was formed having for its purposes the\nprevention of cruelty to animals by enforcing\nwhere practicable the existing laws and by\nprocuring such further legislation as may be found\nexpedient and for other kindred purposes:\nAND WHEREAS the Society being then an\nunincorporated association adopted rules or by-\nlaws from its inception and pursuant to such rules\nor by-laws adopted a revised set of rules at a\nmeeting of its general committee on the sixth day\nof August, 1895:\nAND WHEREAS on the fourteenth day of\nOctober, 1895 the Society was incorporated under\nthe provisions of the Hospitals and Charities Act\n1890 under the name and style of the Victorian\nSociety for the Protection of Animals, notice of\nsuch incorporation appearing in the Victoria\nGovernment Gazette on the eighteenth day of\nOctober, 1895:\nAND WHEREAS the officers of the Society\nthereafter failed to have the rules previously\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n2\nadopted on the sixth day of August, 1895\nsubsequently adopted by the committee of the\nSociety after such incorporation or to have such\nrules confirmed by a general meeting of\ncontributors to the Society or to have the said rules\npublished in the Victoria Government Gazette\npursuant to the provisions of the Hospitals and\nCharities Act 1890:\nAND WHEREAS the officers of the Society from\nthe date of incorporation conducted elections,\nappointed officers and staff and carried on the\nadministration of the Society in compliance with\nsuch pre-existing rules and thereafter adopted\namendments thereto from time to time, including\nnew by-laws adopted by the Society on the\nnineteenth day of October, 1943:\nAND WHEREAS the name of the Society was in\nthe year 1954 changed to the Society for the\nPrevention of Cruelty to Animals as appears in the\nVictoria Government Gazette of the first day of\nSeptember, 1954 and such name was in the year\n1956 further changed to The Royal Society for the\nPrevention of Cruelty to Animals as appears in the\nVictoria Government Gazette on the twenty-first\nday of March, 1956:\nAND WHEREAS the general committee of the\nSociety on the twenty-seventh day of April, 1965\nadopted amended by-laws (hereinafter described as\nthe 1965 by-laws) in purported compliance with\nthe provisions of its previously adopted by-laws\nand thereafter conducted a ballot and at a\nsubsequent general meeting of the Society on the\ntwenty-fifth day of May, 1965 purported to\nconfirm the 1965 by-laws:\nAND WHEREAS in an action by a contributory\nmember of the Society brought against the Society\nin the Supreme Court of Victoria and numbered\n1720 of 1965 His Honor Mr. Justice Starke held\ninter alia on the ninth day of March, 1967 that\nthere had been no valid rules or by-laws of the\nSociety since the incorporation of the Society and\nPreamble\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n3\naccordingly no validly appointed officers or\nservants or validly admitted contributors or\nmembers of the Society:\nAND WHEREAS as a result of the said judgment\ndoubts have arisen (inter alia) as to the validity of\nthe Society's by-laws, its legal status and\nmembership and the election and appointment of\nits general committee office bearers and employés\nand as to the validity of the acts of such persons in\nthe purported exercise of the powers and functions\nof the Society:\nAND WHEREAS it is expedient to declare that all\npersons who are now acting or have at any time\nacted as members of the general committee or\noffice bearers or employés of the Society shall be\ndeemed to have been duly elected or appointed (as\nthe case may require) and to make further\nprovisions with regard to such persons and to the\nacts of such persons as is hereinafter provided:\nAND WHEREAS it is expedient to remove doubts\nthat have arisen as to the legal existence, the\nmembership and control of the Society and for the\nvalid operation of the by-laws of the Society and\nfor the protection of the trust funds, real estate and\nother assets of the Society and for other matters\nrelating thereto as is hereinafter provided:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title\nThis Act may be cited as the Royal Society for\nthe Prevention of Cruelty to Animals Act 1968\nand shall come into operation on the passing\nthereof.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n4\n2. Definitions\nIn this Act unless inconsistent with the context or\nsubject-matter—\n\"by-laws\" means the by-laws or rules of the\nSociety from time to time adopted by its\nfinancial members since the formation of the\nSociety;\n\"general committee\" means the general\ncommittee of the Society operating from\ntime to time;\n\"property\" means any interest in real and\npersonal property whether within or without\nthe State of Victoria;\n\"Society\" means the Society known as The Royal\nSociety for the Prevention of Cruelty to\nAnimals and previously known and\ndescribed as The Victorian Society for the\nProtection of Animals and the Society for the\nPrevention of Cruelty to Animals and\nincludes the unincorporated Society\noperating prior to the incorporation of the\nSociety.\n3. Validations\nNotwithstanding anything in the Hospitals and\nCharities Act 1890 or any other legislative\nenactment—\n(a) the Society now is and at all times since the\neighteenth day of October, 1895 shall be\ndeemed to have been duly incorporated and\nto have been a body corporate pursuant to\nthe provisions of the Hospitals and\nCharities Act 1890 and as such now has and\nshall continue to have permanent succession\nand a common seal and under the name\naforesaid may sue and be sued prosecute and\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n5\ndefend and take and suffer all other\nproceedings in al courts;\n(b) all persons who are at the passing of this Act\nacting or have at any time acted as office\nbearers or committee members of the Society\nshall be deemed to be or to have been duly\nelected or appointed office bearers or\ncommittee members (as the case may\nrequire);\n(c) the Secretary and other employés of the\nSociety who at the passing of this Act are\nacting or have at any time acted in such\ncapacity shall be deemed to be or to have\nbeen validly appointed or employed (as the\ncase may require);\n(d) save as is hereinafter stated the by-laws or\nrules purported to have been adopted by the\nSociety from time to time since the\nformation of the Society including the rules\nadopted by the Society on the sixth day of\nAugust, 1895 immediately prior to its\nincorporation as aforesaid shall be deemed to\nhave been validly adopted and to have had\nfull force and effect in the control of and\nadministration of the affairs of the Society\nand all acts of all such persons as are\ndescribed in sub-clauses (b) and (c) hereof\npurported to have been done in the exercise\nof the powers or functions of the Society or\nof its general committee under such by-laws\nor rules shall be deemed to have been acts\ndone in the due and proper exercise of such\npowers and functions and shall not be called\nin question or challenged in any proceeding\nin any court whatsoever;\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n6\n(e) so much and such parts of the by-laws\npurporting to have been adopted by the\ngeneral committee of the Society on the 27th\nday of April, 1965 and purported to be\nconfirmed by a general meeting of\ncontributory members of the Society on the\ntwenty-fifth day of May, 1965 as are set out\nin the Schedule hereto together with such\nadditions thereto as are set out in the said\nSchedule shall be deemed to be the existing\nby-laws of the Society and to have been\nproperly adopted and confirmed and to be in\noperation since the twenty-fifth day of May,\n1965;\n(f) the Society may from time to time in manner\nprovided by its by-laws make further by-\nlaws and rules (not inconsistent with this\nAct) and such alterations in and amendments\nand additions to the by-laws as may from\ntime to time be considered by its members to\nbe necessary expedient or desirable;\n(g) any person who was at any particular time\nsince the formation of the Society a\ncontributory member, ordinary member, or\njunior member of the Society in accordance\nwith the provisions of the by-laws which\npurported to be in operation at that particular\ntime shall be deemed to have been at that\ntime a member of the Society as aforesaid\nand all persons who were contributory\nmembers, ordinary members or junior\nmembers of the Society in accordance with\nthe by-laws which purported to be in\noperation at the passing of this Act namely\nthe 1965 by-laws shall be deemed to be at\nthe passing of this Act members as aforesaid\nsubject, (a) to their having paid such\ncontributions as have become due from time\ns. 3\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n7\nto time under the 1965 by-laws, and (b) to\ntheir having complied with the other\nconditions of membership under the 1965\nby-laws;\n(h) notwithstanding anything contained in the\nby-laws the term of office of any office\nbearer or member of the general committee\nwho under this Act is deemed to hold or\nretain such office or membership under the\nby-laws as at the 30th day of June, 1967\nshall from the coming into operation of this\nAct be extended for a period of one year\nadditional to the term of office or\nmembership (as the case may require) that he\nor she is otherwise entitled to enjoy under\nthe by-laws.\n4. As to property\n(a) All property in fact held by the Society or by any\nperson or persons on its behalf either absolutely or\non trust or for any purpose whatsoever at the\npassing of this Act shall from and after the coming\ninto operation of this Act vest in the Society or the\nperson or persons as aforesaid without the\nnecessity for any conveyance transfer or other\nassurance for such property and shall henceforth\nbe held managed and dealt with by the Society or\nsuch persons as the Society or its proper officers\nmay from time to time under its by-laws direct\nsubject nevertheless to any trusts mortgages liens\nand other charges affecting the same immediately\nprior to the date of such vesting.\n(b) The Society may receive hold and enjoy property\nabsolutely or upon trust and may grant transfer\nconvey exchange demise (whether by way of lease\nor otherwise) create easements over or otherwise\ndispose of either absolutely or by way of\nmortgage charge lien or other encumbrance any of\ns. 4\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n8\nthe property at any time belonging to the Society\nprovided that if any such property is subject to any\ntrust the provisions of such trust shall be carried\nout by the Society in accordance with any\ntestamentary disposition trust deeds or other\ninstrument creating the trust, and generally the\nSociety may exercise subject to the provisions of\nthis Act all powers rights and privileges incident\nto a body corporate.\n5. Saving\nNotwithstanding the enactment of this Act the\nrights of the parties under the judgment of His\nHonor Mr. Justice Starke in action number 1720\nof 1965 in the Supreme Court of Victoria shall be\nand remain in all respects the same as they would\nhave been if this Act has not been passed.\n__________________\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n9\nSCHEDULE\nBY-LAWS\nName of the Society\n1. The name of the Society is \"The Royal Society for the Prevention of\nCruelty to Animals\" it having on Petition been declared a body politic\nan corporate under the Hospitals and Charities Act 1890 (54 Vic.,\nNo. 1099) by the Governor in Council on 14th October, 1895 (vide\npage 1474 of the Victoria Government Gazette dated 8th February,\n1956).\nInterpretation\n2. In the interpretation of these By-laws words signifying the singular\nnumber may include the plural number and vice versa and words\nsignifying the masculine gender shall include the feminine gender.\nObjects\n3. The objects of the Society are to prevent cruelty to animals by\nenforcing, where practicable, the existing laws, by procuring the\npassage of such further legislation as may be thought expedient, by\nexecuting and sustaining an intelligent public opinion in this regard and\nby doing all things conducive and incidental to the attainment of the\nforegoing objects and in particular—\n(a) to take such steps and do such things as may be necessary or\nadvisable to educate all persons in the community with regard to\nthe humane treatment of animals;\n(b) to diffuse information as to the care, protection and treatment of\nanimals, by the publishing and circulating of literature, by the\norganizing and delivery of lectures, and the promotion of essay\nand other competitions, by wireless broadcasting of addresses and\ntalks, the use of television for the presentation of information of\nthis nature and by any lawful means of communication;\n(c) to conduct, manage, operate or encourage and subsidise clinics,\nhospitals, homes, shelters for the care, treatment, maintenance and\nprotection of animals and to acquire and conduct ambulance and\nother means of transport for animals;\nSchedule.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n10\n(d) to prepare, edit, print, publish, issue, acquire and circulate books,\npapers, periodicals, gazettes, circulars and other literary\nproductions relating to the care and treatment of animals or any\nresearch or investigation undertaken with reference thereto.\n4. The Society shall keep a register of members with their full names and\naddresses and the date of commencement of their membership. A\nmember may inspect and take copies of the register or any entry in the\nregister at any reasonable time.\n5. Any person desiring to become a member of the Society shall make\napplication on the prescribed form in which shall be included an\nundertaking to be bound by the By-laws of the Society.\nMembership of the Society shall be constituted as follows—\n(a) persons who at any time during the twelve months ending\n30th June in any one year shall have contributed on their own\nbehalf the sum of two dollars or more, provided that such person\nshall not have been disqualified from membership in accordance\nwith the By-laws;\n(b) persons elected by the General Committee as—\n(i) Life Members by virtue of their having contributed on their\nown behalf in one donation to the Society forty dollars or\nmore;\n(ii) Honorary Members on the ground that they have conferred a\nsignal benefit on the Society;\n(c) any one person nominated as a contributor by any organization,\ncorporation, company or firm which during the period aforesaid\nshall have contributed to the Society twenty dollars or more;\n(d) any one person nominated as a contributor by the employees of\nany organization, corporation, company, firm or employer who\nhave contributed to the Society during the period aforesaid ten\ndollars or more;\n(e) any one person nominated as contributor by the executors or\ntrustees of any Will who have allocated at least one hundred\ndollars to the Society in one donation out of any moneys of the\nTestator not specifically directed to be paid to the Society under\nthe Will;\n(f) no nominated member shall be a person disqualified for\nmembership in accordance with these By-laws;\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n11\n(g) persons under the age of 18 years who within the period ending on\n30th June in any one year shall have contributed on their own\nbehalf to the Society the sum of ten cents. Such members shall be\nreferred to as Junior Members and shall have no voting rights but\nshall otherwise be bound by these By-laws.\n6. (a) Notwithstanding anything in the preceding clauses the General\nCommittee may reject any application for membership in any\ncategory or may refuse to renew or may cancel any membership\nupon being satisfied that any of the following grounds exist—\n(i) that the person concerned has made or caused to be made or\npublished false, unfair, extravagant, fraudulent, derogatory or\nharmful statements concerning the Society or its activities or\nits General Committee, Office Bearers or Staff in the\nperformance of their duties;\n(ii) that the person concerned has either before or since applying\nfor membership expressed views or acted in a manner\ninconsistent with or detrimental to the aims and objects of the\nSociety.\n(b) The powers under Clause 6(a) shall not be interpreted so as to\nprevent fair and honest criticism nor shall it apply to any written\nmaterial forwarded to the General Committee nor to matters raised\nin good faith at any General Meeting of the Society.\n(c) Any member aggrieved by the decision of the General Committee\nin exercise of its powers under the preceding sub-sections may\nrequest the Committee to ask the Secretary of the Law Institute of\nVictoria or the Victorian Bar Council to appoint an Arbitrator to\ndeal with the matter. After hearing all parties the Arbitrator shall\nmake his decision which shall be binding on the Society and the\nmember. The Arbitrator shall make such order as to costs as he\nmay deem fit. Neither party to such an arbitration shall be entitled\nto legal representation and the time and place and form of the\nhearing shall be prescribed by the Arbitrator.\n(d) Notwithstanding anything contained in this clause membership of\nthe Society shall cease should any member be in arrears with his\nsubscription for a period of three months after the 30th June in any\nyear.\nGeneral Committee\n7. The Governing body of the Society shall be the General Committee\nwhich shall consist of the following Office-Bearers: a President, two\nVice-Presidents, an Honorary Treasurer and fourteen other members.\nAll such members shall be contributory members. If it be found after\nany Annual Election of the General Committee that no member duly\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n12\nelected is a Veterinary Surgeon or a member of the Victoria Police or a\nmember of a recognized Accountancy Organization, the President shall\napproach the Australian Veterinary Association (Victorian Division) or\nthe Chief Commissioner of Police or the Registrar of a recognized\nAccountancy Organization (as the case may be), and request\nnomination of a representative from such body. Such nominee shall\nthereupon become a member of the General Committee for the year in\nquestion and have all the rights and duties of the members of the\nGeneral Committee notwithstanding that he may not be a financial\nmember of the Society. The Nominee shall retire at the end of the\nfinancial year and cease to hold office after the Annual General\nMeeting unless he becomes a financial Member and stands for election\nand is duly elected to office.\n8. The members of the General Committee shall be elected at an Annual\nElection at the time of the Annual General Meeting for a period of three\nyears and on the day of the Annual General Meeting in each year six of\nthe said members shall retire from office but shall be eligible for re-\nelection. The members who shall retire shall be—\n(a) any member appointed to fill a casual vacancy during the\npreceding year up to a total of six in number and if less than six;\n(b) such other members as have been longest in office without re-\nelection.\n9. The Office-Bearers shall be elected by the General Committee at the\nfirst Committee Meeting after the Annual General Meeting and shall\nhold office for one year but shall be eligible for re-election.\n10. The names of the members of the General Committee who shall retire\nin accordance with By-laws 8 and 9 shall be determined at the meeting\nof the General Committee held in the month of May in each year.\nShould it be necessary to determine the six members to retire by the\ninclusion of some or one only of members of equal length of service\nthen the members to be so included shall be determined by agreement\nor in default thereof by lot.\n11. If any member of the General Committee—\n(a) dies;\n(b) resigns by writing under his hand addressed to the Secretary of the\nSociety;\n(c) becomes bankrupt or insolvent or compounds with his creditors or\nmakes a deed of agreement for the benefit of his creditors;\n(d) ceases to be a Contributory Member of the Society;\n(e) is convicted of any treason, felony or grave misdemeanour; or\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n13\n(f) is absent without the permission of the General Committee from\nfour consecutive ordinary Meetings of the General Committee—\nhis office shall thereupon become vacant.\n12. In the event of any casual vacancy on the Committee the remaining\nmembers thereof may temporarily appoint thereto a Contributory\nMember.\nDuties and Powers of the General Committee\n13. The first duty of the General Committee on taking Office each year will\nbe to request the Governor of the State of Victoria, if not already\nappointed, to become Patron of the Society. Should, for any reason the\nGovernor be unable to accept patronage of the Society, the Lieutenant\nGovernor shall be requested to accept such appointment.\n14. The General Committee shall have control of the affairs, property and\nfunds of the Society. It shall have in its control all appointments and\ndismissals of members of the Staff, it shall fix their salaries and\nconditions of employment and generally shall be entrusted with the\nduty of taking such action as it may deem expedient to promote and\ncarry out the objects of the Society. It shall have power to appoint such\nVeterinary Surgeons and Solicitors as it may think desirable. The\nGeneral Committee shall have power to give directions or make\nregulations from time to time for the conduct of elections and the\ncarrying on of the business affairs of the Society in so far as these\nmatters are not covered by any of the By-laws of the Society.\n15. The General Committee shall have power to appoint such Sub-\ncommittees as may be found necessary but such Sub-committees shall\nbe composed of members of the General Committee.\nThe President shall be an ex-officio member of all such Sub-\ncommittees.\nMeetings of the General Committee\n16. The General Committee shall meet monthly except in January at such\ntimes as it may decide. In the absence of the President and Vice-\nPresidents the members present shall choose a Chairman. At any\nmeeting of the General Committee six members thereof shall form a\nquorum. All questions shall be decided by the votes of a majority of the\nmembers present and in the case of an equality of votes, the Chairman\nshall have a second or casting vote.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n14\nGeneral Meetings\n17. A General Meeting of the Society may be called by the General\nCommittee at any time and shall be called by the Secretary upon the\nwritten request of not less than six members of the General Committee\nor not less than 100 contributory members of the Society stating the\npurpose for which they desire the meeting to be called. Voting at\nGeneral Meetings shall be by simple majority of those members present\nand entitled to vote.\n18. Every General Meeting shall be advertised by the Secretary in two daily\nnewspapers circulating in the City of Melbourne at least 35 days before\nthe date on which the meeting is to be held giving the exact time and\nplace of such meeting.\n19. The President or in his absence one of the Vice-Presidents shall preside\nat every General Meeting. In the absence of the President or Vice-\nPresidents the members shall choose some other member of the General\nCommittee to be Chairman.\n20. Twenty-five members shall form a quorum at any General Meeting or\nAnnual General Meeting.\nAnnual General Meetings\n21. An Annual General Meeting shall be called by the Secretary acting on\nthe authority of the General Committee on some day between the first\nday of July and the thirty-first day of August in each year.\n22. The business to be transacted at the Annual General Meeting shall be—\n(a) to receive the report of the General Committee for the preceding\nfinancial year;\n(b) to receive the accounts and balance sheet duly certified by the\nSociety's auditor for the preceding financial year;\n(c) to elect such members of the General Committee as may be\nnecessary;\n(d) to appoint and fix the remuneration of an auditor for the ensuing\nyear;\n(e) to decide on any motion submitted by an eligible member of which\nnotice in writing shall have been submitted to the Secretary by the\nproposer at least 28 days prior to the date fixed for the meeting.\nProcedure for the election of the General Committee\n23. The election for the General Committee shall be held on the same day\nas the Annual General Meeting of the Society.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n15\n24. The Secretary shall include in the notice advertising the holding of the\nAnnual General Meeting notification that nominations are called for in\nrespect to the specified number of vacancies to be filled on the General\nCommittee of the Society and that such nominations—\n(a) must be in writing signed by the candidates and two other\nmembers all of whom shall at the date of nomination be financial\ncontributory members of the Society; and\n(b) must be in the hands of the Secretary by twelve noon on a date\nspecified in the notice such date to be at least twenty-one days\nprior to the date of the annual election.\n25. The General Committee shall at least two months before the date of the\nAnnual General Meeting appoint a Returning Officer for the purpose of\nthe election but no person shall act in such office if he is a member of\nthe General Committee, a candidate for election or a permanent\nemployee of the Society and such Returning Officer shall be a person\nwho has acted in a responsible capacity regularly at Municipal State or\nFederal elections.\n26. Immediately after the close of nominations the Secretary shall cause a\nlist of the eligible persons nominated to be posted on a Notice Board at\nthe registered office of the Society.\n27. If the number of candidates is no greater than the number of vacancies\nto be filled the Chairman of the Annual General Meeting shall at that\nmeeting declare such candidates duly elected and they shall take office\nfrom the closing of such meeting. Notwithstanding anything in the\npreceding clauses, the General Committee of the preceding year shall\nhold office until the close of the Annual General Meeting and the new\nCommittee shall thereupon take office.\n28. If there are more candidates than vacancies to be filled the election shall\nbe by ballot of the members conducted in the following manner—\n(a) The Secretary shall cause ballot papers to be prepared containing\nthe names of the candidates in alphabetical order with an asterisk\nagainst the names of retiring members eligible for re-election and\ncontaining directions as to the method of voting. Such directions\nshall advise the contributory member—\n(i) that the ballot paper shall be completed by marking a number\nin each square opposite the candidates names in order of the\nvoter's preference, commencing with the number 1 and\ncontinuing consecutively until each square is filled;\n(ii) that the completed ballot paper shall then be placed in the\nsmaller envelope supplied and sealed and that this envelope\nshall then be placed in the larger envelope supplied upon the\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n16\ninside flap of which the voter shall legibly write his name,\ninitials and address;\n(iii) that the outer envelope enclosing the smaller envelope shall\nbe sealed and addressed to the Returning Officer at such\naddress as he may direct and posted so as to be received by\nhim not later than the time of closing of the ballot;\n(b) the Secretary shall not less than fourteen days prior to the closing\nof the ballot post in a prepaid envelope addressed to each member\neligible to vote a ballot paper initialled on the back by the\nSecretary and the Returning Officer and stamped with the official\nstamp of the Society together with two other envelopes.\nThe larger of such envelopes shall be a \"Business Reply\" envelope\naddressed to the Returning Officer and shall be numbered with the\nindividual register number of each member entitled to vote.\nThe smaller envelope shall be clearly marked \"Ballot Paper\";\n(c) alternatively members may vote by delivering their ballot papers to\nthe Returning Officer before the ballot closes by placing the same\nin a ballot box to be provided by him at the time and place of the\nAnnual General Meeting.\n29. The ballot shall close half an hour after the time fixed for\ncommencement of the Annual General Meeting. At the close of the\nballot the Returning Officer shall proceed to remove the envelopes\ncontaining the ballot papers from the ballot box, and shall open such\nenvelopes and all other envelopes received by him through the post\nbefore the close of the ballot. He shall reject any ballot paper which is\nnot marked in accordance with the requirements of these By-laws and\nshall proceed with such assistance as he may require to count the votes\nrecorded on the remaining ballot papers. The Returning Officer shall\nconduct the said ballot by the preferential system of voting and subject\nto any regulations adopted by the General Committee. Except in so far\nas it may be inconsistent with these By-laws or such regulations the\nReturning Officer shall use the system of Preferential Voting prescribed\nby the Model By-laws of the Hospital and Charities Commission.\n30. Any candidate or any two or more candidates jointly may appoint a\nScrutineer who shall be a financial contributory member of the Society.\nNo candidate shall appoint or join in appointing more than one\nScrutineer. Such appointment shall be in writing addressed to the\nReturning Officer and signed by the candidate or candidates making the\nappointment and shall bear in the margin a specimen signature of the\nScrutineer. Such writing shall be delivered to the Returning Officer at\nthe Society's Registered Office at least an hour before the time fixed for\nthe closing of the ballot. No person shall act as Scrutineer until the\nReturning Officer has satisfied himself as to the identity of such person\nwith the Scrutineer appointed by such writing.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n17\n31. Any Scrutineer properly appointed may be present at any stage of the\nproceedings for checking the identity of the voters with the roll\nexamining the ballot papers and counting the votes. In the case of any\ndispute as to the adequacy of marking or otherwise as to the validity of\nany ballot paper the decision of the Returning Officer shall be binding\nand conclusive.\n32. No election shall be invalidated by reason of the fact that any notice or\npaper required by these By-laws shall not have been received by any\nmember provided that the notice referred to in By-law 24 hereof shall\nhave been duly published.\n33. The Returning Officer shall after the poll closes proceed to count the\nvotes and shall then declare the result of the ballot by signing the\nCertificate in the presence of the Scrutineers (if any) and if none in the\npresence of the Secretary and the result of the ballot so certified shall be\npublished in the two daily newspapers in which notices of the election\nwere published.\n34. If at any Annual Election for the General Committee the places of\nretiring members not standing for re-election are not filled the General\nCommittee shall regard the vacancies in the same way as any casual\nvacancy and shall proceed to appoint such contributory members as\nthey think fit to fill such vacancies.\n35. For the purpose of the election of the General Committee the Secretary\nshall supply to the Returning Officer the complete roll of members\nincluding their names and addresses, date of payment of their\nsubscription and any other details relevant to their eligibility to vote.\nThe Secretary shall also supply a similar complete roll of members\neligible to vote which shall be available to Scrutineers. In the event of\nany dispute as to eligibility to vote the decision of the Returning Officer\nshall be based on the complete roll and shall be final.\nNotices\n36. Any notice to any officer or member of the Society which by these By-\nlaws is required to be given may be served by delivering it to the person\non whom it is to be served or by sending it by post in a prepaid letter\naddressed to him at his usual or last known place of abode or business\nwithin such time (if any) as is so prescribed and evidence of postage\nshall be deemed to be sufficient evidence of service for the purposes of\nthese By-laws.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n18\nSecretary\n37. The General Committee may appoint and at its discretion remove or\nsuspend a Secretary to the Society and fix his remuneration.\nIt shall be the duty of the Secretary to keep accurate minutes of the\nproceedings of the Society and of the General Committee and to\nconduct the correspondence of the Society under the direction of the\nGeneral Committee. He shall also be charged with the care of the\nbooks, documents and all property of the Society. He shall prepare an\nAnnual Report. He shall keep the Membership Rolls as set forth in By-\nlaw 4 and perform such duties as are incidental to the enforcement of\nthese By-laws and as may be directed or permitted by the General\nCommittee.\nHonorary Treasurer\n38. The Honorary Treasurer shall be a member of a recognized Accounting\nOrganization and shall have charge of the moneys, securities and other\nvaluable property of the Society and shall, subject to any direction from\nthe General Committee disburse its funds, invest or realize investments\nand generally act in and supervise all matters concerning the finances of\nthe Society. He shall cause proper accounting records to be kept of the\ntransaction of the Society and shall produce to the General Committee\nhis books of account and records and such documents relating thereto as\nmay be required.\nHe shall make an Annual Report of the Assets and Liabilities and shall\nsubmit to audit the accounts of the Society and such other financial\nrecords of the Society as he is required to keep.\nSeal\n39. The Seal now in use by the Society shall be adopted as its Common\nSeal and the General Committee shall provide for safe custody of the\nSeal.\nThe Common Seal of the Society shall be affixed to documents by two\nmembers of the General Committee in the presence of the Secretary and\nsuch application of the Seal shall be entered in a Register kept for this\npurpose and produced to the General Committee at each meeting\nthereof.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n19\nInvestments\n40. Any change in the investments of the Society shall be made only on a\nrecommendation by a majority of the Finance Sub-Committee where\nsuch has been appointed, confirmed by a majority of the General\nCommittee or by a majority of the General Committee where no\nFinance Sub-Committee has been appointed.\nAlteration to By-Laws\n41. Alterations of or additions to these By-laws shall be made in the\nfollowing manner:\n(a) Any financial member of the Society may from time to time\nsubmit in writing to the General Committee any proposed\namendment to these By-laws (hereinafter called \"the proposed\namendment\") and the General Committee shall by resolution\nwithin two calendar months of receiving the proposed amendment\neither adopt or reject or adopt in altered form any such proposed\namendment.\n(b) The General Committee may also of its own motion from time\nto time by resolution adopt any proposed amendment to the then\nBy-laws.\n(c) The General Committee shall at the Annual General Meeting or\nGeneral Meeting next held after the adoption of any resolution\nunder (a) or (b) hereof advise such General Meeting of the\nproposed amendment and of any adopted amendment to these\nBy-laws and such General Meeting shall be empowered either to\nconfirm or reject such adopted amendment to these By-laws or to\nconfirm or reject the proposed amendment in the form submitted\nto the General Committee and upon the confirmation of such\nadopted amendment to these By-laws or the proposed amendment\nthe same shall subject to the following provision forthwith take\neffect as an amendment to these By-laws.\n(d) Notwithstanding the provisions of By-Law 17, if immediately after\nany adopted amendment to these By-laws or proposed amendment\nis duly confirmed by any such General Meeting no fewer than\ntwenty members then present at such General Meeting and entitled\nto vote demand that the confirmed amendment to these By-laws be\nthe subject of a postal ballot of members then such amendment to\nthese By-laws shall cease to be effective unless and until it has\nbeen approved by a majority voting in a postal ballot of members\nwhich shall be conducted forthwith by the General Committee\naccording to the ballot procedure prescribed for the election of the\nGeneral Committee so far as the same is applicable thereto.\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n20\nBranches\n42. The Committee may by resolution recognize as a Branch of the Society\nany local Association in any district of Victoria, if—\n(a) the constitution of such Association is approved by the General\nCommittee; and\n(b) the Executive of such Association undertakes that if recognized as\na Branch the Members will be bound by the By-laws of the\nSociety as existing from time to time and by such regulations and\nrules made by the General Committee as are applicable to\nBranches.\nThe General Committee is hereby expressly given the power to draw up\nrules and regulations for the governing of Branches and to amend them\nfrom time to time as it may think fit, but before exercising its powers it\nshall notify any Branches accordingly so that they may place before it\nany facts which may be considered to be relevant. These powers\nhowever will not affect the rights of such Branches to receive donations\nand legacies and to disburse them in accordance with the By-laws of the\nParent Society which shall have become the By-laws of such Branch or\nBranches and the Parent Society shall have no right to claim any part of\nsuch funds by way of levy, contribution or otherwise.\n43. Each such Branch shall have an Office or Headquarters to which\ncommunications may be addressed and shall furnish to the General\nCommittee the address thereof and notice of any change of such\naddress.\n═══════════════\nSch.\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n21\nENDNOTES\n1. General Information\nThe Royal Society for the Prevention of Cruelty to Animals Act 1968 was\nassented to on 7 May 1968 and came into operation on 7 May 1968.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n22\n2. Table of Amendments\nThere are no amendments made to the Royal Society for the Prevention of\nCruelty to Animals Act 1968 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 7690/1968\nRoyal Society for the Prevention of Cruelty to Animals Act 1968\n23\n3. Explanatory Details\nNo entries at date of publication.\nEndnotes","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no evidence of scope change from the original 1968 intent. The Act appears to remain focused on its original purpose of establishing and regulating the RSPCA in Victoria. However, a definitive assessment cannot be made without the full legislative text."},"complexity_factors":["Extremely limited legislative text was provided — mostly version history metadata with no substantive provisions visible","The Act itself, based on its title and age (1968), is likely a relatively short incorporation/establishment statute","Single-purpose legislation focused on one organisation reduces inherent complexity","No cross-references, schedules, or regulatory frameworks are visible in the provided text","Assessment is severely constrained by the incomplete source material"],"plain_english_summary":"The Act gives the RSPCA formal legal standing in Victoria, defining its role, governance and the powers its inspectors rely on to investigate and respond to animal cruelty. It affects animal owners (whose animals may be inspected or removed), the RSPCA itself, and members of the public who report or encounter cruelty. Its importance lies in legally authorising the RSPCA to investigate complaints and take action to protect animals."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly remedial: it restores and confirms the Society's corporate status, by‑laws, membership and officers in response to a court decision that had cast doubt on those matters. It does not expand the Society's remit beyond prior objects and by‑laws; rather, it confirms existing governance and property powers and preserves rights under the court judgment (s.5). In that sense the scope has not grown beyond its original corrective purpose — the Act operates mainly to validate and streamline the Society's pre‑existing arrangements and to put the Society's property and governance on clear legal footing."},"complexity_factors":["Short statute body: 5 operative sections (1–5).","Interpretation section with 4 defined terms (s.2).","Retrospective/validation clauses with several subclauses and exceptions in s.3 (a–h).","Significant Schedule (by‑laws) with detailed governance rules spanning ~43 clauses (membership, elections, ballots, meetings, dispute procedures).","Cross-reference to earlier Hospitals and Charities Act 1890 (s.3) and to a 1967 Supreme Court judgment (background and s.5), creating contextual complexity.","Procedural complexity in Schedule: multi-stage ballot procedure, Returning Officer powers, arbitration rule limiting legal representation (Schedule cl.24–35; cl.6(c)).","Property vesting and trust qualification in s.4 creates legal interactions between trust law and corporate powers."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Validates the Society's legal existence and past acts. The Act declares that the Royal Society for the Prevention of Cruelty to Animals (the \"Society\") has been and always was duly incorporated under the earlier Hospitals and Charities Act and that acts done by its officers, committee and staff since incorporation are treated as valid (see s.3(a)–(d)).\n\n- Confirms membership and office-holders. People who have acted as office-bearers, committee members or employees are treated as properly elected or appointed, and persons who met the by-laws' contribution conditions are treated as members (s.3(b)–(c), (g)). The term of office for committee members in office on 30 June 1967 is extended by one year (s.3(h)).\n\n- Fixes which by‑laws apply. So much of the by‑laws adopted in 1965 as is printed in the Schedule (and additions shown there) are declared to be the operative by‑laws since 25 May 1965 (s.3(e)). The Society may continue to make by‑laws consistent with the Act (s.3(f)).\n\n- Vests and clarifies property rights. All property held by or for the Society at the Act's commencement vests in the Society without further conveyancing; the Society may hold property absolutely or on trust and may sell, lease, mortgage or otherwise deal with it subject to any existing trusts or charges (s.4).\n\n- Preserves court judgment rights. The Act says parties retain any rights they had under the 1967 Supreme Court judgment as if the Act had not been passed (s.5).\n\n**Who this affects**\n\n- The Society itself (its legal personality, assets and powers) — its ability to hold and deal with property, sue and be sued is confirmed (s.3(a); s.4).\n- Current and past office-bearers, committee members and employees — treated as validly appointed or elected (s.3(b)–(c)).\n- Members (contributory, ordinary and junior) — membership status is validated where by‑law conditions were met; the Schedule sets membership classes and rules on suspension, election and removal.\n- Third parties who contracted with or dealt in property with the Society — their dealings restated as dealing with a valid corporate body (s.3(a); s.4).\n- Persons who contested governance or membership in respect of the 1967 judgment — the Act preserves the rights arising from that litigation (s.5).\n\n**Why it matters (stated purpose, and practical effects tested against trade-offs)**\n\nStated purpose: the Act removes legal uncertainty created by a 1967 Supreme Court decision that had held there were no valid rules/by‑laws since incorporation. It therefore declares the Society's incorporation, by‑laws, membership and officers valid and protects its assets and transactions.\n\nPractical effects and the trade-offs they create:\n\n- Certainty vs. retrospective validation: by retrospectively deeming incorporation, appointments and acts valid (s.3), the Act reduces litigation risk for the Society and anyone who dealt with it. That reduces transaction costs for third parties who relied on the Society's acts. The trade-off is that some legal challenges to historical acts or appointments are curtailed — although s.5 preserves rights under the existing court judgment, so not all remedies are removed.\n\n- Property consolidation and transactional freedom: vesting property automatically in the Society (s.4(a)) removes the need for re‑conveyancing and lets the Society freely manage, mortgage or dispose of assets (s.4(b)), subject to existing trusts. This increases the Society's commercial flexibility (ability to contract, mortgage, lease) but requires careful trust compliance where trusts exist.\n\n- Concentrated benefits to incumbents: the persons who have been holding office or administering the Society receive a direct, concentrated legal advantage (s.3(b)–(c), (h)). The broader membership and the public receive diffuse benefits in the form of institutional stability.\n\n- Governance and internal controls remain detailed and largely self‑governing: the Schedule contains detailed election, membership and meeting procedures. That centralises decision‑making power in the General Committee (see Schedule: clauses 13–16, 23–35) and imposes administrative obligations (ballots, rolls, notices) on the Society.\n\n- Limits and access to remedies: the by‑laws contain internal dispute procedures (including an arbitration rule for membership disputes that bars legal representation — Schedule cl.6(c)). That can speed internal resolution and reduce external litigation costs, but it narrows formal legal avenues for members and limits representation in those internal disputes.\n\n- Speech and membership discipline: the by‑laws permit the General Committee to refuse or cancel membership for statements or conduct deemed harmful to the Society (Schedule cl.6(a)), while preserving a carve‑out for fair and honest criticism (cl.6(b)). This creates an internal disciplinary power which can affect members' expressive behaviour in relation to the Society.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: there is no explicit new public expenditure in the Act. Costs fall mainly on the Society to run the electoral and administrative processes set out in the Schedule (ballots, notices, maintaining rolls, custody of the common seal), and on members who must meet contribution conditions to retain membership (Schedule cl.5, cl.6(d)).\n\n- Who decides: the General Committee has central control over affairs, property and staff (Schedule cl.14), can adopt and propose by‑laws (s.3(f); Schedule cl.41), and runs elections and branch recognition (Schedule cl.23–43). The Returning Officer, appointed before elections, has conclusive authority over ballot disputes (Schedule cl.25, cl.31). Internal arbitration for membership disputes is decided by an arbitrator appointed via legal professional bodies (Schedule cl.6(c)).\n\n- Behavioural effects: officers and staff who might have been subject to challenge gain legal security and are likely to continue in their roles; the Society can more confidently enter into commercial transactions (s.4); members face stricter internal discipline and a detailed electoral regime, which affects how members campaign and pursue office.\n\n**Implementation and compliance risks**\n\n- Administrative burden: precise ballot and notice rules in the Schedule (cl.24–34) require accurate member rolls and procedural compliance; failure to follow them can give rise to internal disputes.\n\n- Trust compliance: property vested subject to existing trusts or charges must be managed in accordance with those instruments (s.4(b)), which could require external legal review to ensure compliance.\n\n- Access to remedy: internal arbitration limiting legal representation (Schedule cl.6(c)) may be challenged on procedural fairness grounds in some contexts, creating residual litigation risk.\n\n**Relevant provisions cited**: sections 2–5 (definitions, validations, property, saving); Schedule (operative by‑laws including membership, committee, elections, dispute resolution, property/financial controls).\n\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: validating the RSPCA's legal status and operations following the 1967 Supreme Court decision. The Schedule containing the 1965 by-laws is integral to the validation scheme and does not represent scope creep."},"complexity_factors":["Simple validating statute with clear retrospective intent","Only 5 operative sections plus Schedule containing by-laws","4 defined terms in interpretation section","Minimal cross-referencing (only to Hospitals and Charities Act 1890 and one specific court case)","Straightforward declaratory language ('shall be deemed to have been')","Schedule contains detailed governance rules (43 by-laws) which add bulk but not legal complexity to the Act itself","No nested exceptions or conditional logic chains"],"plain_english_summary":"This is a Victorian law from 1968 that fixes a legal mess involving the RSPCA (Royal Society for the Prevention of Cruelty to Animals).\n\n**What happened:**\nBack in 1895, the RSPCA was incorporated under the Hospitals and Charities Act 1890. However, the organisation failed to properly adopt its rules after incorporation, and failed to get them confirmed by members or published in the government gazette as required by law. In 1967, a Supreme Court judge (Justice Starke) ruled that because of these technical failures, the RSPCA had no valid rules or by-laws since 1895. This meant every election, appointment, and decision made by the organisation for over 70 years was potentially invalid.\n\n**What this law does:**\n- **Validates everything retrospectively**: It declares that despite the technical flaws, the RSPCA was properly incorporated in 1895 and has been a valid legal entity ever since.\n- **Protects past actions**: It confirms that all committee members, office bearers, and employees who served over the decades are deemed to have been properly elected or appointed.\n- **Validates the rules**: It declares that all the by-laws (rules) the RSPCA thought it had adopted since 1895 are now legally valid, including specific 1965 by-laws set out in the Schedule.\n- **Protects members**: It confirms that anyone who was a member under the old rules is still a member.\n- **Protects property**: It confirms that all property held by the RSPCA (including trusts and real estate) properly belongs to the organisation.\n- **Preserves one court case**: It specifically protects the rights of parties in the 1965 court case that triggered this mess (Justice Starke's judgment).\n\n**Who it affects:**\nPrimarily the RSPCA Victoria itself, its members, employees, and anyone who has dealt with the organisation. It also affects anyone who has left property to the RSPCA in wills or trusts.\n\n**Why it matters:**\nWithout this law, the RSPCA's entire history—donations, property ownership, employment contracts, animal welfare operations—could have been challenged in court. This legislation provides legal certainty and prevents chaos by wiping the slate clean on decades of technical non-compliance."}},"importantCases":[],"_links":{"self":"/api/acts/royal-society-for-the-prevention-of-cruelty-to-animals-act-1968","history":"/api/acts/royal-society-for-the-prevention-of-cruelty-to-animals-act-1968/history","analysis":"/api/acts/royal-society-for-the-prevention-of-cruelty-to-animals-act-1968/analysis","conflicts":"/api/acts/royal-society-for-the-prevention-of-cruelty-to-animals-act-1968/conflicts","importantCases":"/api/acts/royal-society-for-the-prevention-of-cruelty-to-animals-act-1968/important-cases","documents":"/api/acts/royal-society-for-the-prevention-of-cruelty-to-animals-act-1968/documents"}}