Australian Capital Territory Numbered Acts

ANIMAL WELFARE LEGISLATION AMENDMENT ACT 2007 (NO. 7 OF 2007) - SECT 30

substitute

Dictionary

(see s 2)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     AAT

              •     chief police officer

              •     found guilty

              •     maximum penalty

              •     Minister (see s 162)

              •     person

              •     veterinary surgeon.

"animal" means—

        (a)     a live member of a vertebrate species, including—

              (i)     an amphibian; and

              (ii)     a bird; and

              (iii)     a fish; and

              (iv)     a mammal (other than a human being); and

              (v)     a reptile; or

        (b)     a live cephalopod; or

        (c)     a live crustacean intended for human consumption.

"animal ethics committee" means—

        (a)     for this Act generally—an animal ethics committee established in accordance with a regulation; and

        (b)     in relation to a licence—the animal ethics committee whose functions relate to the licence; and

        (c)     in relation to an application for an authorisation—the animal ethics committee to which the application is made; and

        (d)     in relation to an authorisation or an authorised person—the animal ethics committee that gave the authorisation.

"animal welfare" means the health, safety and welfare of—

        (a)     animals in general; or

        (b)     1 or more animals in particular.

"approval", for part 6A (Regulatory action)—see section 73A.

"approved code of practice" means a code of practice approved under section 22, as in force under this Act.

"approved person", for part 6A (Regulatory action)—see section 73A.

"authorisation" means a research authorisation or teaching authorisation.

"authorised officer" means an authorised officer under section 77.

"authorised person" means the holder of an authorisation.

"authority" means the Animal Welfare Authority under section 5.

"business premises", for division 7.3 (Powers of inspectors)—see section 80.

"circus permit" means a circus permit granted under section 55.

circus permit-holder means the holder of a circus permit.

"commercial trapping permit" means a permit granted under section 64 (Decision about trapping permit application) for the purposes of a commercial trapping operation.

"confine", in relation to an animal, includes—

        (a)     pinion, mutilate or maim the animal for the purpose of hindering, impeding or preventing the freedom of movement of the animal; and

        (b)     subject the animal to a device or contrivance for the purpose of hindering, impeding or preventing freedom of movement of the animal; and

        (c)     tether the animal.

"connected", for part 7 (Enforcement)—see section 74.

"defined offence" means—

        (a)     an offence against this Act; or

        (b)     an offence in relation to animal welfare under another territory law or a Commonwealth or State law.

"director", of a corporation incorporated for a public purpose under a territory law or Commonwealth or State law, includes a member of the corporation.

"domestic", in relation to an animal, includes captive.

"engage in conduct" means—

        (a)     do an act; or

        (b)     omit to do an act.

"executive officer", of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation's management, whether or not the person is a director of the corporation.

"feral animal" means an animal (other than a native animal) that does not live in a domestic state.

"identity card" means—

        (a)     in relation to the authority or a delegate of the authority—the identity card issued to him or her under section 6A; or

        (b)     in relation to an inspector or an authorised officer—the identity card issued to him or her under section 78; or

        (c)     in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer.

"injury", in relation to an animal, includes—

        (a)     the aggravation, acceleration or recurrence of any physical injury; and

        (b)     the contraction, aggravation, acceleration or recurrence of a disease.

"inspector" means an inspector under section 76.

"interstate research authorisation" means an authorisation (however described) to conduct research, or teach, using animals that—

        (a)     has been granted under a State law; and

        (b)     has not been suspended.

"interstate researcher" means a person who holds an interstate research authorisation.

"licence" means a licence granted under section 27.

"licensed premises"—see section 27 (Decision about licence application).

"licensee" means the holder of a licence.

"native animal"—see the Nature Conservation Act 1980 , dictionary.

"occupier", of premises that an inspector or authorised officer is authorised to enter under part 7, for part 7 (Enforcement)—see section 74.

"offence"—

        (a)     for part 7 (Enforcement)—see section 74; and

        (b)     for division 7.10 (Evidence)—see section 97; and

        (c)     for division 7.11 (Court orders and corporate penalties)—see section 100.

"officer"—

        (a)     for division 7.7 (Consent to entry, reports and search warrants)—see section 87; and

        (b)     for division 7.9 (Compensation for animal injury and death)—see section 93.

"owner", of an injured or dead animal, for division 7.9 (Compensation for animal injury and death)—see section 93.

"pain" includes suffering and distress.

"person in charge", in relation to an animal, means—

        (a)     the owner of the animal; or

        (b)     a person having the custody or control of the animal; or

        (c)     if a person mentioned in paragraph (b) is acting as the employee or agent of someone else—the other person; or

        (d)     if the animal is confined in a saleyard—the occupier of the saleyard.

"pest" does not include a domestic animal or native animal.

"poison" includes glass or anything else that, if ingested, is likely to kill or injure an animal.

"premises"—

        (a)     for this Act generally, includes—

              (i)     a building or part of a building; and

              (ii)     a tent, stall or other structure, whether permanent or temporary; and

              (iii)     land (including water on land) whether or not appurtenant to a building; and

              (iv)     a vehicle; and

        (b)     in relation to the exercise of an inspector's powers, for division 7.3 (Powers of inspectors)—see section 80.

"private trapping permit" means a permit granted under section 64 (Decision about trapping permit application) for domestic or private purposes.

"prohibited animal", for part 5 (Circuses and travelling zoos)—see section 51.

"regulatory body", for part 6A (Regulatory action)—see section 73A.

"research authorisation" means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of research in relation to licensed premises.

"reviewable decision", for part 8 (Review of decisions)—see section 107.

"steel-jawed trap" means an animal trap fitted with metal jaws, a pressure plate and a spring-operated mechanism, designed so that the metal jaws close against each other when the trap is activated by the application of weight to the pressure plate.

"teaching authorisation" means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of teaching in relation to licensed premises.

"trapping permit" means a commercial trapping permit or private trapping permit.

"trapping permit-holder" means the holder of a trapping permit.

"travelling zoo" does not include—

        (a)     for a zoo located in the ACT—the display of the zoo's animals at a place other than the place where the zoo is permanently located; or

        (b)     a zoo (however described) the main purpose of which is to make animals available for contact with members of the public.

Example—par (b)

a zoo known as a petting zoo that contains animals such as livestock, poultry and rabbits

Note     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).

"travelling zoo permit" means a travelling zoo permit granted under section 55.

"travelling zoo permit-holder" means the holder of a travelling zoo permit.

"vehicle" includes a caravan, trailer or vessel.

"veterinary treatment", in relation to an animal, means—

        (a)     a medical procedure of a prophylactic or therapeutic nature carried out on the animal by a veterinary surgeon; or

        (b)     a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary surgeon; or

        (c)     a surgical procedure of a prophylactic or therapeutic nature, or sterilisation, carried out on the animal by a veterinary surgeon; or

        (d)     any other medical or surgical procedure carried out on the animal by a veterinary surgeon.

"welfare", in relation to animals, means the health, safety and welfare of—

        (a)     animals in general; or

        (b)     1 or more animals in particular.

Part 3     Animal Welfare Regulation 2001