Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
Part 5 Circuses and travelling zoos
Division 5.1 Preliminary
51 Meaning of prohibited animal —pt 5
In this part:
"prohibited animal" means—
(a) a bear, elephant, giraffe, primate (other than a human) or feline (other than a domestic cat); or
(b) an animal prescribed by regulation.
Division 5.2 Offences
52 Circuses
(1) A person commits an offence if—
(a) the person conducts a circus; and
(b) the circus has performing animals (but is not a travelling zoo); and
(c) the person does not have a permit to conduct the circus.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if the person conducts a circus using a prohibited animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) A person commits an offence if the person brings a prohibited animal into the ACT as part of a circus troupe.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4) For subsection (3), it does not matter whether the animal is brought into the ACT for use in the circus.
(1) A person commits an offence if—
(a) the person conducts a travelling zoo; and
(b) the person does not have a permit to conduct the travelling zoo.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if the person conducts a travelling zoo using a prohibited animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) A person commits an offence if the person brings a prohibited animal into the ACT as part of a travelling zoo.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4) For subsection (3), it does not matter whether the animal is brought into the ACT for use in the travelling zoo.
Division 5.3 Circus and travelling zoo permits
54 Application for circus or travelling zoo permit
(1) A person may apply to the authority for a permit to conduct—
(a) a circus with an animal in the circus troupe; or
(b) a travelling zoo.
Note 1 A fee may be determined under s 110 for this provision.
Note 2 If a form is approved under s 110A for an application, the form must be used.
(2) For an application for a circus permit, the application must—
(a) be accompanied by a list of animals that are to form part of the circus troupe, whether or not the animals are to be used in the circus; and
(b) be lodged not later than 4 weeks before the day the first performance of the circus is proposed to be held.
(3) For an application for a travelling zoo permit, the application must—
(a) be accompanied by a list of animals that are to travel with the zoo, whether or not the animals are to be used in the zoo; and
(b) be lodged not later than 4 weeks before the day the zoo is proposed to enter the ACT.
(4) The authority may, in writing, require the applicant to give the authority additional information in writing or documents that the authority reasonably needs to decide the application.
(5) If the applicant does not comply with a requirement under subsection (4), the authority may refuse to consider the application further.
55 Decision about circus or travelling zoo permit application
(1) On an application by a person for a circus or travelling zoo permit, the authority must—
(a) grant the permit; or
(b) refuse to grant the permit.
(2) For an application for a circus permit, the authority must not grant a circus permit in relation to a circus if a prohibited animal is to form part of the circus troupe, whether or not the animal is to be used in the circus.
(3) For an application for a travelling zoo permit, the authority must not grant a travelling zoo permit in relation to a zoo if a prohibited animal is to travel with the zoo, whether or not the animal is to be used in the zoo.
(4) In deciding whether to grant the circus or travelling zoo permit, the authority must consider—
(a) the experience and competency of the applicant, and the applicant's employees and agents, in caring for and handling animals; and
(b) the adequacy of the conditions under which the animals are to be housed, trained, transported or used; and
(c) the adequacy of the facilities to be provided for the animals; and
(d) the applicant's response (or lack of response) to any request for further information under section 54 (4); and
(e) whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 1980 ; and
(f) whether the applicant has, within the 3 years immediately before the date of the application, been convicted or found guilty of a defined offence; and
(g) any criteria prescribed by regulation.
(5) Subsection (4) does not limit the matters that the authority may consider.
(6) In this section:
"applicant "includes, if the applicant is a corporation, each executive officer of the corporation.
"grant "includes grant by way of renewal.
"renewal", of a circus or travelling zoo permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends.
56 Circus or travelling zoo permit conditions
A circus or travelling zoo permit is subject to any condition—
(a) prescribed by regulation; or
(b) put on the permit by the authority that the authority believes on reasonable grounds is reasonable or necessary in the interests of animal welfare.
Examples of conditions that may be put on a circus or travelling zoo permit
1 a condition about the welfare of the animals to be used by the circus or travelling zoo
2 a condition about the provision of facilities and equipment for the welfare of the animals to be used by the circus or travelling zoo
3 that an approved code of practice must be complied with
Note 1 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Note 2 The authority may amend a circus or travelling zoo permit (including by putting a condition on the permit, or amending or removing a condition of the permit) at any time (see s 59A).
57 Form of circus or travelling zoo permit
A circus or travelling zoo permit must—
(a) be in writing; and
(b) state the full name and address of the person to whom the permit is granted; and
(c) state the period for which the permit is granted; and
(d) state any condition put on the permit by the authority.
58 Term of circus or travelling zoo permit
A circus or travelling zoo permit is granted for the period stated in the permit, and remains in force subject to this Act.
59 Circus or travelling zoo permit-holder to notify change of name or address
(1) If a circus or travelling zoo permit-holder changes the permit-holder's name or address, the permit-holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
59A Amendment of circus or travelling zoo permit
(1) The authority may amend a circus or travelling zoo permit at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare.
(2) The authority may amend a circus or travelling zoo permit on its own initiative or on application by the circus or travelling zoo permit-holder.
Note 1 A fee may be determined under s 110 for this provision.
Note 2 If a form is approved under s 110A for an application, the form must be used.
(3) The authority may amend a circus or travelling zoo permit on its own initiative only if the authority has—
(a) given the circus or travelling zoo permit-holder written notice of the proposed amendment; and
(b) considered any comments made by the permit-holder in accordance with the notice.
(4) The notice mentioned in subsection (3) (a) must—
(a) include the authority's grounds for making the proposed amendment; and
(b) invite the circus or travelling zoo permit-holder to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the permit-holder.
(5) Subsection (3) does not apply to action under section 73D (Taking regulatory action).
Note Section 108 (Notice of reviewable decisions) provides that the authority must give written notice of the decision to each person affected by the decision.
(6) The amendment of a circus or travelling zoo permit takes effect on—
(a) the day the notice of the decision to amend is given to the circus or travelling zoo permit-holder; or
(b) if the notice states a later date of effect—that date.
(7) A circus or travelling zoo permit amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the circus or travelling zoo permit-holder.
(8) In this section:
"amend", a circus or travelling zoo permit, includes putting a condition on the permit, or amending or removing a condition of the permit.
"condition" does not include a condition prescribed by regulation.