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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
National Animal Welfare Bill
2003
No. ,
2003
(Senator
Bartlett)
A Bill for an Act to promote
humane, responsible and accountable care, protection and use of domestic
animals, livestock, wildlife and animals kept for scientific purposes, and the
standards required to achieve this end, and for related
purposes
Contents
A Bill for an Act to promote humane, responsible and
accountable care, protection and use of domestic animals, livestock, wildlife
and animals kept for scientific purposes, and the standards required to achieve
this end, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the National Animal Welfare Act
2003.
(1) Sections 1 and 2 commence on the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act
commence on a day to be fixed by Proclamation.
(3) If the provisions referred to in subsection (2) do not commence
under that subsection within the period of 6 months beginning on the day on
which this Act receives the Royal Assent, they commence on the first day after
the end of that period.
The purposes of this Act are to do the following:
(a) promote the responsible care and use of animals;
(b) provide standards for the care and use of animals that:
(i) where it is deemed necessary to capture and kill wildlife, only those
devices and techniques should be used which do not inflict unnecessary cruelty,
harm non-target animals or damage natural habitat;
(ii) prohibit the capture and killing of wild animals for the purpose of
entertainment or sport;
(iii) ensure that, in the implementation of the matters contained in
paragraphs (i) and (ii), all necessary measures shall be taken to protect
habitat and ecosystems;
(d) protect animals from unjustifiable, unnecessary or unreasonable
pain;
(e) ensure the use of animals for scientific purposes is accountable, open
and responsible.
The purposes of this Act are to be primarily achieved by the
following:
(a) providing for regulations about codes of practice for animal
welfare;
(b) allowing regulations to require compliance with codes of
practice;
(c) imposing a duty of care on persons in charge of animals;
(d) prohibiting certain conduct in relation to animals;
(e) regulating certain conduct in relation to animals;
(f) requiring a person using an animal for scientific purposes to comply
with any scientific use code of practice and a duty of care;
(g) providing for the registration of certain users of animals for
scientific purposes;
(h) providing for the appointment of authorised officers to monitor
compliance with compulsory code of practice requirements and any scientific use
code of practice;
(i) providing for the appointment of inspectors to investigate and enforce
this Act;
(j) providing for the establishment of the National Animal Welfare
Authority to advise the Minister on animal welfare issues and implement this
Act.
(1) The provisions of this Act apply to all animals in Australia or in an
external Territory to the extent that those provisions:
(a) give effect to a prescribed treaty or international agreement;
or
(b) relate to matters external to Australia; or
(c) relate to matters of international concern.
(2) Without prejudice because of the effect of subsection (1), the
provisions of this Act apply to the welfare of animals and dealings in respect
of animals:
(a) that are owned by, or in the possession or control of, the
Commonwealth, an authority or instrumentality of the Commonwealth or a
Commonwealth company; or
(b) that are supplied to the Commonwealth, an authority or instrumentality
of the Commonwealth or a Commonwealth company; or
(c) that are owned by, or are in the possession or control of, a trading
corporation; or
(d) that are owned by, or are in the possession or control of, a financial
corporation; or
(e) that are owned by, or in the possession or control of, a foreign
corporation; or
(f) that are situated in a Territory, or owned by or in the possession or
control of a resident of a Territory; or
(g) that are the subject of, or used in, the course of trade or
commerce:
(i) between Australia and a place outside Australia; or
(ii) among the States; or
(iii) within a Territory, between a State and a Territory or between 2
Territories.
(3) By force of this subsection, this Act, as it applies to a trading
corporation or a financial corporation, has effect in relation to things done,
or authorised or caused to be done, by the corporation in the course of its
trading activities or its financial activities.
(4) In this section:
financial corporation means a body corporate that is, for the
purposes of paragraph 51(xx) of the Constitution, a financial corporation formed
within the limits of the Commonwealth.
trading corporation means a body corporate that is, for the
purposes of paragraph 51(xx) of the Constitution, a trading corporation formed
within the limits of the Commonwealth.
(1) It is the intention of the Parliament that this Act is not to affect
the operation of a law of a State or of a Territory that makes provision with
respect to the welfare of animals and is capable of operating concurrently with
this Act.
(2) In the event that State provisions are deemed more stringent by the
Commonwealth Minister, those State provisions shall prevail.
(1) This Act binds the Crown in all its capacities.
(2) Nothing in this Act renders the Crown liable to be prosecuted for an
offence.
(1) A National Animal Welfare Authority is established.
(2) The Authority is the regulatory body for animal welfare in
Australia.
(1) The Authority:
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
(2) All courts, judges and people acting judicially must take judicial
notice of the imprint of the seal of the Authority appearing on a document, and
are to presume that the document was duly sealed.
(1) The Authority consists of:
(a) 3 members representing the Commonwealth; and
(b) 2 members representing commercial producers or users of animals and
animal products; and
(c) 2 members representing animal welfare non-government organisations;
and
(d) 2 members representing community groups; and
(e) 4 other members, at least 2 of whom are scientists; and
(f) 1 member who is an ethicist.
(2) The members are to be appointed by the Minister on the basis of
merit.
(3) The Chairperson of the Authority is to be elected by the members of
the Authority. This position is not to be held for more than 12 months by the
same person in any 2-year period.
(1) A member of the Authority is to be appointed for the period (not
longer than 3 years) specified in the instrument of appointment, but is eligible
for reappointment.
(2) A member of the Authority holds office on the terms and conditions (if
any) not covered by this Act as are determined by the Minister.
The Authority may establish national advisory committees as determined by
the Authority, or at the request of the Minister or the Ministerial
Council.
(1) The Authority has the following functions and powers:
(a) the coordination, monitoring and review of Commonwealth
responsibilities for animal welfare;
(b) functions and powers conferred on it by or under this Act (other than
this section);
(c) functions and powers conferred on it by or under other laws of the
Commonwealth;
(d) functions and powers that are, with the consent of the Ministerial
Council, conferred on the Authority by writing signed by the Minister.
(2) The Authority has power to do whatever is necessary for or in
connection with, or reasonably incidental to, the performance of its
functions.
(3) The Authority is to perform its functions and exercise its powers in
accordance with the Agreement (so far as applicable) and is to comply in all
respects with the provisions of the Agreement that are applicable to
it.
(1) The Authority is to provide to the Ministerial Council such reports
relating to the performance or exercise of the Authority’s functions or
powers as the Ministerial Council directs.
(2) The Ministerial Council may, by resolution, direct the Authority to
provide advice about any matter related to the functions or powers of the
Authority or of the Ministerial Council.
(1) The Authority may appoint inspectors.
(2) An inspector is responsible for matters specified by the
Authority.
(3) The Chairperson of the Authority must issue to each inspector an
identity card containing a recent photograph of the inspector and stating that
the holder of the card is an inspector for the purposes of this Act.
(4) The Authority may terminate the appointment of inspectors.
(1) Inspectors must have a sound knowledge of animal husbandry and animal
welfare. The minimum academic requirement is the completion of a prescribed
course of training in animal welfare or an equivalent course of study.
(2) Inspectors must have a thorough knowledge of the following:
(a) the operation of this Act and the regulations;
(b) the codes of practice made under regulations made under this
Act.
(3) A person may be appointed as an inspector only if:
(a) the person is:
(i) engaged under the Public Service Act 1999; or
(ii) an officer or employee of a State or Territory; or
(iii) employed by the Royal Society for the Prevention of Cruelty to
Animals; or
(iv) included in a class of persons declared under a regulation to be an
approved class of persons for the purposes of this section.
(1) Inspectors may exercise any of the following powers in order to fulfil
the purposes of this Act.
(2) Within reason, inspectors may undertake random inspections of
animals.
(3) A person with an animal in his or her care must permit inspection of
the animal as well as of housing, foodstuffs and equipment intended for use in
relation to the animal.
Maximum penalty: 20 penalty units.
(4) A person must not refuse or fail to comply with
subsection (3).
(5) The animal keeper must be advised of the inspection before or on the
occasion of the visit.
(6) An inspector may:
(a) inform an animal keeper that he or she has 12 hours in which to take
action or his or her animal or animals will be seized; or
(b) immediately seize an animal or animals; or
(c) humanely kill an animal, or take any other necessary steps to relieve
an animal from suffering; or
(d) administer analgesics to an animal.
(1) An inspector may enter and stay at a place other than a vehicle
if:
(a) its occupier consents to the entry; or
(b) it is a public place and the entry is made when the place is open to
the public; or
(c) the entry is authorised by a warrant; or
(d) its occupier has been given an animal welfare direction and the entry
is made at a time or interval stated in the direction, to check compliance with
the direction; or
(e) the inspector reasonably suspects that:
(i) an animal at the place has just sustained a severe injury; and
(ii) the injury is likely to remain untreated, or untreated for an
unreasonable period; or
(f) the inspector reasonably suspects there is an imminent risk of death
or injury to an animal at the place because of an accident or an animal welfare
offence; or
(g) the inspector reasonably suspects any delay in entering the place will
result in the concealment, death, or destruction of anything at the place that
is:
(i) evidence of an animal welfare offence under this Act; or
(ii) being used to commit, continue or repeat, an animal welfare offence
under this Act.
(2) For the purpose of asking the occupier of a place for consent to enter
a place under paragraph (1)(a), an inspector may, without the
occupier’s consent or a warrant:
(a) enter land around premises at the place to the extent that is
reasonable to contact the occupier; or
(b) enter that part of the place that the inspector reasonably considers
members of the public ordinarily are allowed to enter when they wish to contact
the occupier.
(1) This section applies if:
(a) an inspector reasonably suspects:
(i) an animal at a place other than a vehicle is suffering from lack of
food or water or is entangled; and
(ii) the person in charge of the animal is not, or is apparently not,
present at the place; and
(b) the animal is not at a part of the place at which a person resides, or
apparently resides.
(2) The inspector may enter and stay at the place while it is reasonably
necessary to provide food or water to, or to disentangle, the animal.
(3) Before leaving the place, the inspector must leave a notice in a
conspicuous position and in a reasonably secure way stating the
following:
(a) the inspector’s name and business address or telephone number;
(b) the action taken by the inspector under subsection (2);
(c) the time and date the action was taken.
(4) This section does not limit section 20.
(1) This section applies if an inspector intends to ask an occupier of a
place to consent to the inspector or another inspector entering the place under
paragraph 18(1)(a).
(2) Before asking for the consent, the inspector must tell the
occupier:
(a) the purpose of the entry; and
(b) that the occupier is not required to consent.
(3) If the consent is given, the inspector may ask the occupier to sign an
acknowledgment of the consent.
(4) The acknowledgment must state:
(a) that the occupier has been told:
(i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the purpose of the entry; and
(c) the occupier gives the inspector or another inspector consent to enter
the place and exercise powers under this Part; and
(d) the time and date the consent was given.
(5) If the occupier signs the acknowledgment, the inspector must promptly
give a copy to the occupier.
(6) If:
(a) an issue arises in a proceeding about whether the occupier consented
to the entry; and
(b) an acknowledgment complying with subsection (4) for the entry is
not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry
to prove that the occupier consented.
(1) This section applies if:
(a) an inspector is intending to enter a place under paragraph 18(1)(d),
(e), (f) or (g); and
(b) the occupier of the place is present at the place.
(2) Before entering the place, the inspector must do, or must make a
reasonable attempt to do, the following things:
(a) produce or display his or her identity card for the occupier’s
inspection so that it is clearly visible; and
(b) tell the occupier the purpose of the entry; and
(c) tell the occupier that the inspector is permitted under this Act to
enter the place without the occupier’s consent or a warrant.
(1) An inspector may apply to a magistrate or a justice of the peace for a
warrant for a place.
(2) However, an application cannot be made to a justice of the peace
who:
(a) if the inspector is employed by the department—is employed by
the department; or
(b) if the inspector is not employed by the
department—is employed by the same person or agency as the inspector.
(3) The application must be sworn and state the grounds on which the
warrant is sought.
(4) The magistrate or justice of the peace may refuse to consider the
application until the inspector gives the magistrate or justice of the peace all
the information the magistrate or justice of the peace requires about the
application in the way in which the magistrate or justice of the peace requires.
(1) A magistrate or justice of the peace may issue a warrant only if the
magistrate or justice of the peace is satisfied there are reasonable grounds for
suspecting there is:
(a) a need to enter the place for which the warrant is sought, to relieve
an animal in pain at the place; or
(b) a particular animal or other thing or activity (the
evidence) that may provide evidence of an offence under this Act
and the evidence is at the place, or may be at the place within the next 7
days.
(2) The warrant must state:
(a) that a named inspector may:
(i) enter the place and any other place necessary for entry; and
(ii) exercise an inspector’s powers under this Part; and
(b) either:
(i) if the warrant is issued under subsection (1)(a)—the animal
or a class of animals for which the warrant is issued; or
(ii) if the warrant is issued under subsection (1)(b)—the
offence for which the warrant is issued; and
(c) the evidence that may be seized under the warrant; and
(d) the hours of the day or night when the place may be entered; and
(e) the date, within 7 days after the warrant’s issue, the warrant
ends.
(1) An inspector may apply for a warrant (a special warrant)
by electronic communication, fax, phone, radio or another form of communication
if the inspector considers it necessary because of:
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the
inspector’s remote location.
(2) Before applying for the special warrant, the inspector must prepare an
application stating the grounds on which the special warrant is sought.
(3) The inspector may apply for the special warrant before the application
is sworn.
(4) After issuing the special warrant, the magistrate or justice of the
peace must immediately electronically communicate or fax a copy to the inspector
if it is reasonably practicable to do so.
(5) If it is not reasonably practicable to electronically communicate or
fax a copy of the special warrant to the inspector:
(a) the magistrate or justice of the peace must tell the
inspector:
(i) what the terms of the warrant are; and
(ii) the date and time the warrant was issued; and
(b) the inspector must complete a form of warrant (a warrant
form) which must include:
(i) the magistrate’s or justice of the peace’s name; and
(ii) the date and time the magistrate or justice of the peace issued the
warrant; and
(iii) the terms of the special warrant.
(6) The faxed special warrant, or the warrant form properly completed by
the inspector, authorises the entry and the exercise of the other powers stated
in the special warrant issued by the magistrate or justice of the peace.
(7) The inspector must, at the first reasonable opportunity, send the
magistrate or justice of the peace:
(a) the sworn application; and
(b) if the inspector completed a warrant form—the completed warrant
form.
(8) On receiving the documents, the magistrate or justice of the peace
must attach them to the special warrant.
(9) If:
(a) the issue arises in a proceeding of whether an exercise of a power was
authorised by a special warrant; and
(b) the special warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the
exercise of the power to prove a special warrant authorised the exercise of the
power.
(1) This section applies if:
(a) an inspector named in a warrant issued under this Part for a place is
intending to enter the place under the warrant; and
(b) the occupier of the place is present at the place.
(2) Before entering the place, the inspector must do, or must make a
reasonable attempt to do, the following things:
(a) produce or display his or her identity card for the occupier’s
inspection so that it is clearly visible; and
(b) give the occupier a copy of:
(i) the warrant; or
(ii) if the entry is authorised by a faxed special warrant or warrant form
mentioned in paragraph 24(5)(b)—the faxed special warrant or warrant form;
and
(c) tell the occupier that the inspector is permitted by the special
warrant to enter the place; and
(d) give the occupier an opportunity to allow the inspector immediate
entry to the place without using force.
(3) However, the inspector need not comply with subsection (2) if the
inspector reasonably believes the inspector must immediately enter the place to
ensure that the effective execution of the warrant is not
frustrated.
An inspector may enter and stay in a vehicle if:
(a) the person in control of the vehicle consents to the entry; or
(b) the person in control of the vehicle has been given an animal welfare
direction and the entry is made at a time or interval stated in the direction,
to check compliance with the direction; or
(c) the inspector reasonably suspects that:
(i) the vehicle is being, has been, or is about to be used in the
commission of an animal welfare offence; or
(ii) the vehicle, or an animal or other thing in the vehicle, may provide
evidence of an animal welfare offence; or
(iii) there is an imminent risk of death or injury to an animal in or from
the vehicle or because of an animal welfare offence involving the vehicle; or
(iv) there is a need to enter the vehicle to relieve an animal in pain in
the vehicle or prevent an animal in the vehicle from suffering pain.
Note: The definition of vehicle in
Schedule 2 is intended to be wide to enable inspectors to deal with animal
welfare situations arising in relation to any vehicle used on land, sea or in
the air.
(1) This section applies if:
(a) an inspector is intending to enter a vehicle under paragraph 26(b) or
(c); and
(b) a person who is a person in control of, or an occupier of, the vehicle
is present at the vehicle.
(2) Before entering the vehicle, the inspector must do, or must make a
reasonable attempt to do, the following things:
(a) produce or display his or her identity card for the person’s
inspection so that it is clearly visible; and
(b) tell the person the purpose of the entry; and
(c) seek the consent of the person to the entry; and
(d) tell the person that the inspector is permitted under this Act to
enter the vehicle without the person’s consent.
(3) If the person in control of the vehicle is not present at the vehicle,
the inspector must take reasonable steps to advise the person or any registered
operator of the vehicle of the inspector’s intention to enter the vehicle.
(4) Subsection (3) does not require the inspector to take a step that
the inspector reasonably believes may frustrate or otherwise hinder an
investigation under this Act or the purpose of the intended entry.
(1) If a vehicle that an inspector may enter under this Part other than an
aircraft or train, is moving or about to move, the inspector may signal (a
stop signal) the person in control of the vehicle:
(a) to stop the vehicle; or
(b) not to move the vehicle.
(2) In this section:
stop a vehicle includes requiring it to remain
stationary, and in the case of an aircraft or a vessel on or adjacent to land,
for the time reasonably necessary to enable a function or power under this or
another Act to be performed or exercised.
(1) A person in control of a vehicle to whom a stop signal has been given
must not refuse or fail to comply with the stop signal.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) For the purposes of subsection (2), it is a reasonable excuse for
the person refusing or failing to comply with the stop signal if:
(a) to immediately comply with the stop signal would have endangered the
person or someone else; and
(b) the person complied with the stop signal as soon as it was practicable
to do so.
(1) If an inspector may, under this Part, enter a vehicle, the inspector
may require (make an entry requirement of) the person in control
of the vehicle to give the inspector reasonable help to enter the vehicle.
(2) When making an entry requirement, the inspector must give the person
an offence warning.
(1) A person of whom an entry requirement has been made must not refuse or
fail to comply with the requirement.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) This Division applies if, under a provision of this Part other than
section 19, an inspector may enter, or has entered, a place.
(2) However, if an inspector under subsection 18(2) enters a place to ask
the occupier’s consent to enter premises, this Division applies to the
inspector only if the consent is given or the entry is otherwise
authorised.
The inspector may do any of the following:
(a) enter the place using reasonable force in the circumstances;
(b) search any part of the place;
(c) open, using reasonable force, a cage, container, pen, yard or other
structure confining or containing an animal or other thing to examine the
structure, animal or other thing;
(d) take reasonable measures to relieve the pain of an animal at the
place;
(e) examine, inspect, film, photograph, videotape or otherwise record an
image of, an animal, document or other thing at the place;
(f) take a sample of or from an animal or other thing at the place for
analysis or testing;
(g) copy a document at the place;
(h) take into the place the equipment, materials or persons the inspector
reasonably requires for exercising a power under this Part;
(i) brand, mark, tag or otherwise identify an animal at the place in
accordance with the usual practices for branding, marking, tagging or otherwise
identifying that species of animal but not so as to disfigure or damage the
animal so as to adversely affect its health or value;
(j) take a necessary step to allow a power under paragraphs (a) to
(i) to be exercised.
(1) The inspector may require (make a help requirement of) a
person at the place to give the inspector reasonable help to exercise a power
under this Part, including, for example to produce a document or give
information.
(2) When making a help requirement, the inspector must give the person an
offence warning.
(1) A person of whom a help requirement has been made must not refuse or
fail to comply with the requirement.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) It is a reasonable excuse for a person not to comply with a help
requirement if complying with the help requirement might tend to incriminate the
person.
(4) However, subsection (3) does not apply if the help requirement is
to produce a document required to be held or kept by the person under:
(a) this Act; or
(b) another Act or a law of the Commonwealth or another country if the
document relates to the transportation of live animals.
(1) This section applies if a place to which this Division applies is a
vehicle.
(2) The inspector may require (make an action requirement
of) the person in control of the vehicle to do any of the following to
allow the inspector to exercise a power under this Part:
(a) bring the vehicle, or an animal or other thing in it, to a stated
reasonable place;
(b) remain in control of the vehicle, animal or other thing at the place
for a stated reasonable period.
(3) When making an action requirement, the inspector must give the person
an offence warning.
(1) A person of whom an action requirement has been made must not refuse
or fail to comply with the requirement.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) Any person in charge of an animal must comply with the provisions of
this Act including, in the case of a prescribed practice, the regulations and in
the case of a licence, the terms of the licence.
(2) If there is a failure to comply, the animal keeper must be informed of
the failure and of the corrective action to be taken. An inspector is to
determine the period for taking the action and a follow-up visit is to be made
at the end of this period.
(1) An inspector who has, under this Part, entered a place may seize an
animal or other thing at the place if the inspector:
(a) reasonably suspects that it is evidence of an offence against this
Act; or
(b) reasonably believes that the seizure is necessary to prevent it
being:
(i) destroyed, hidden or lost; or
(ii) used to commit, continue or repeat, an offence.
(2) An inspector also may seize an animal or other thing at the
place:
(a) if the inspector reasonably believes that it has just been used in
committing, or is the subject of, an animal welfare offence; or
(b) with the written consent of a person or a person that the inspector
reasonably believes is a person who is:
(i) for an animal—the person in charge of the animal;
(ii) for another thing—the owner or person in possession of the
thing.
(3) A written consent under subsection (2)(b) given by an owner may
also include the owner’s agreement to transfer ownership of the animal or
other thing to the Commonwealth or a prescribed entity.
(4) Despite subsections (1) and (2), if an entry to a place is made
after obtaining the necessary consent of a person, the inspector may seize a
thing at the place only if the seizure is consistent with the purpose of entry
as told to the person when asking for the consent.
(5) This section does not limit a power to seize under section 40, 41
or 42.
An inspector who, under this Part, enters a place with a warrant may
seize the evidence for which the warrant was issued.
(1) An inspector who has, under this Part, entered a place may seize an
animal at the place if the inspector reasonably believes that:
(a) the animal:
(i) is under an imminent risk of death or injury; or
(ii) requires veterinary treatment; or
(iii) is experiencing undue pain; and
(b) the interests of the welfare of the animal require its immediate
seizure.
(2) The inspector may also seize the animal if the person in charge of the
animal has contravened, or is contravening, an animal welfare direction or a
court order about the animal.
(1) An inspector may seize an animal or other thing under this Subdivision
or exercise powers under Subdivision 2 in relation to the animal or other
thing despite a lien or other security over the animal or other thing claimed by
another person.
(2) However, the seizure does not affect the other person’s claim to
the lien or other security against a person other than the inspector or a person
acting for the inspector.
(1) To enable an animal or other thing to be seized, an inspector may
direct (give a seizure direction to) the person in charge, or
owner or person in possession, of it:
(a) to take the animal or other thing to a stated reasonable place or
places by a stated reasonable time or times; and
(b) if necessary, to remain in control of the animal or other thing at the
stated place for a reasonable time.
(2) A seizure direction:
(a) must be made by notice in the approved form; or
(b) if for any reason it is not practicable to give notice in the approved
form—may be made orally and confirmed by notice in the approved form as
soon as practicable.
(1) A person of whom a seizure direction has been made must not refuse or
fail to comply with the direction.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
Having seized an animal or other thing, an inspector may do one or more
of the following:
(a) move it from the place where it was seized (the place of
seizure);
(b) leave it at the place of seizure but take reasonable action to
restrict access to it;
(c) for equipment—make it inoperable, without damaging the
equipment;
(d) for an animal:
(i) take it by suitable and appropriate means to a place the inspector
considers appropriate;
(ii) give it accommodation, food, rest, water or other living conditions;
(iii) if the inspector reasonably believes that, in the interests of its
welfare, the animal requires veterinary treatment—arrange for the
treatment;
(iv) if an animal welfare direction has been given in relation to the
animal and the direction has not been complied with—take other action to
ensure the direction is complied with.
(1) This section applies in relation to an animal or other thing seized
under this Part.
(2) A person, other than an inspector or a person authorised by an
inspector for the purpose, must not do, or must not attempt to do, any of the
following:
(a) tamper with the animal or other thing;
(b) enter, or be at, the place where the animal or other thing is being
kept;
(c) move the animal or other thing from the place where it is being kept;
(d) have the animal or other thing in the person’s possession.
Maximum penalty: 100 penalty units.
(3) Subsection (2) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (3). See subsection 13.3(3) of the Criminal
Code.
(1) This section applies if, under this Part or under a warrant, an
inspector seizes an animal or another thing, unless:
(a) the inspector reasonably believes that there is no-one apparently in
possession of the thing or the thing has been abandoned; or
(b) the seized thing is not an animal and it would be impracticable or
unreasonable to expect the inspector to account for the thing given its
condition, nature and value.
(2) The inspector must, as soon as practicable after the seizure, give the
person from whom the animal or thing was seized:
(a) a receipt for the animal or thing that generally describes the animal
or thing and its condition; and
(b) an information notice about the decision to make the seizure.
(3) However, if:
(a) for an animal—a person in charge of the animal;
(b) for another thing—the owner or person in possession of the
thing;
is not present at the place at which the seizure occurs, the receipt and
information notice may be given by leaving them at the place in a conspicuous
position and in a reasonably secure way.
(4) The information notice and receipt may:
(a) be given in the same document; and
(b) relate to more than one seized thing.
(5) The inspector may delay in giving the receipt and information notice
if the inspector reasonably suspects that doing so may frustrate or otherwise
hinder an investigation under this Act.
(6) However, the delay may be only for so long as the inspector continues
to have that reasonable suspicion and remains in the vicinity of the place to
keep it under observation.
(1) This section applies to an inspector who has, under this Part or under
a warrant, seized an animal or thing until the animal or thing is forfeited or
returned under this Part.
(2) The inspector must allow any owner of the animal or thing:
(a) to inspect the animal or thing at any reasonable time and from time to
time; and
(b) if it is a document—to copy it.
(3) Subsection (2) does not apply if it is impracticable or would be
unreasonable to allow the inspection or copying.
(4) The inspection or copying must be provided free of charge.
(1) This section applies if an inspector has, under this Part or under a
warrant, seized an animal.
(2) The inspector must, within 28 days after the seizure, return the
animal to its owner unless:
(a) the owner has, under this Part, agreed in writing to transfer
ownership of it to the Commonwealth or a prescribed entity; or
(b) the animal has been forfeited to the Commonwealth under this Part; or
(c) an application has been made for a disposal or prohibition order in
relation to the animal; or
(d) continued retention of the animal is needed as evidence for a
proceeding or proposed proceeding for an offence involving the animal; or
(e) an animal welfare direction given in relation to the animal has not
been complied with and the inspector is taking, or proposes to take, action to
ensure the direction is complied with; or
(f) the inspector reasonably believes the animal’s condition may
require its destruction under section 61.
(3) If subsection (2)(c) applies, the inspector must promptly return
the animal to its owner if the application for the disposal or prohibition
order:
(a) is withdrawn; or
(b) has been finally decided or otherwise ended and a disposal or
prohibition order has not been made in relation to the animal.
(4) If subsection (2)(d) applies, the inspector must promptly return
the animal to its owner if its continued retention as evidence is no longer
required.
(5) If subsection (2)(e) applies, the inspector must promptly return
the animal to its owner if:
(a) the animal welfare direction is complied with; or
(b) the inspector ceases to take, or propose to take, action to ensure the
direction is complied with.
(6) If subsection (2)(f) applies, the inspector must promptly return
the animal to its owner if the inspector no longer believes the animal’s
condition may require its destruction under section 61.
(7) Where an inspector returns a seized animal in accordance with this
section, the inspector must ensure that:
(a) suitable and appropriate transport and care is arranged to effect the
return; and
(b) the return to the owner is effected at a time that within reason is
suitable to the owner.
(8) Nothing in this section affects a lien or other security over the
animal.
(1) This section applies if:
(a) an inspector has, under this Part or under a warrant, seized a thing
other than an animal; and
(b) the thing has some intrinsic value; and
(c) the owner of the thing has not, under this Part, agreed in writing to
transfer ownership of it to the Commonwealth or a prescribed entity; and
(d) the thing has not been forfeited under this Part; and
(e) a disposal order has not been made in relation to the thing.
(2) If no application has been made for a disposal order in relation to
the thing, the inspector must return the thing to its owner:
(a) generally—within the end of 6 months after the seizure; or
(b) if a proceeding for an offence involving the thing is started within
the 6 months—at the end of the proceeding and any appeal in relation to
the proceeding.
(3) Despite subsection (2), the inspector must promptly return a
thing seized as evidence to its owner if the inspector is satisfied
that:
(a) its continued retention as evidence is no longer required;
or
(b) its continued retention is not necessary to prevent the thing being
used to continue or repeat the offence; or
(c) it is lawful for the person to possess the thing.
(4) If an application has been made for a disposal order in relation to
the thing, the inspector must promptly return the thing to its owner if the
application:
(a) is withdrawn; or
(b) has been finally decided or otherwise ended and a disposal order has
not been made in relation to the thing.
(5) Nothing in this section affects a lien or other security over the
thing.
(1) This section applies if an animal or other thing has been seized under
this Act.
(2) The Chairperson of the Authority may decide to forfeit the animal or
thing to the Commonwealth if an inspector:
(a) after making reasonable efforts, cannot return it to its owner; or
(b) after making reasonable inquiries, cannot find its owner or, for an
animal, any other person in charge of it; or
(c) reasonably believes it is necessary to keep the animal or other thing
to prevent it from being used in committing, or becoming the subject of, an
animal welfare offence.
(3) For the purposes of subsection (2):
(a) the period over which the efforts or inquiries are made must be at
least 4 days; and
(b) the inspector is not required to:
(i) make efforts if it would be unreasonable to make efforts to return the
animal or other thing to its owner; or
(ii) make inquiries if it would be unreasonable to make inquiries to find
the owner.
(4) Regard must be had to an animal or other thing’s condition,
nature and value in deciding:
(a) whether it is reasonable to make inquiries or efforts; and
(b) if inquiries or efforts are made—what inquiries or efforts,
including the period over which they are made, are reasonable.
(1) If, under subsection 51(2), an animal or other thing is forfeited, the
Chairperson of the Authority must promptly give the person who owned it
immediately before the forfeiture (the former owner) an
information notice about the decision.
(2) However, subsection (1) does not apply if:
(a) the decision was made under paragraph 51(2)(a) or (b); and
(b) the place where the animal or other thing was seized is:
(i) a public place; or
(ii) a place at which the notice is unlikely to be read by the former
owner.
(3) The information notice must state that the former owner may apply for
a stay of the decision if he or she appeals under section 55 against the
decision.
(4) If subsection (2) does not apply and the decision was made under
paragraph 51(2)(a) or (b), the information notice may be given by leaving it at
the place where the animal or other thing was seized, in a conspicuous position
and in a reasonably secure way.
(1) An animal or other thing becomes the Commonwealth’s property if,
under subsection 51(2), it is forfeited to the Commonwealth.
(2) If the owner of an animal or other thing agrees in writing to transfer
ownership of the animal or thing to the Commonwealth or a prescribed entity, it
becomes the property of the Commonwealth or entity when the Commonwealth or
entity agrees in writing to the transfer.
(1) This section applies if, under section 53, an animal or other
thing becomes the property of the Commonwealth or a prescribed entity.
(2) The Commonwealth or a prescribed entity may deal with the animal or
other thing as it considers appropriate, including, for example, by destroying
it or giving it away.
(3) However, the Commonwealth or a prescribed entity must not deal with
the animal or other thing in a way that could prejudice the outcome of an appeal
under this Act of which it is aware.
(4) Subsection (3) does not limit an inspector’s power under
section 61 to destroy the animal.
(5) If the Commonwealth or a prescribed entity sells the animal or other
thing, it may return the proceeds of the sale to the former owner of the animal
or other thing, after deducting the costs of the sale and allowing for any costs
it has previously recovered from the former owner.
(6) The Chairperson of the Authority may deal with the animal or other
thing for the Commonwealth.
(1) If an animal or thing is forfeited in accordance with this
Subdivision, the owner of the animal or other thing may, whether or not an
information notice has been given to the owner, appeal to the Chairperson of the
Authority for the return of the animal or other thing.
(2) An appeal:
(a) must be in writing in an approved form; and
(b) must specify the grounds on which the appeal is made.
The Chairperson must consider an appeal under section 55
expeditiously and either:
(a) overturn the forfeiture; or
(b) confirm the forfeiture;
and must cause the person to be notified in writing of the decision
together with a statement of reasons for the decision.
(1) This Division applies if an inspector reasonably believes:
(a) a person has committed, is committing, or is about to commit, an
animal welfare offence; or
(b) an animal:
(i) is not being cared for properly; or
(ii) is experiencing undue pain; or
(iii) requires veterinary treatment; or
(iv) should not be used for work.
(2) This Division also applies if an animal has been seized under
Subdivision 1 of Division 5.
(1) The inspector may give a written direction (an animal welfare
direction) requiring stated action about the animal or its environment.
(2) The animal welfare direction may be given to:
(a) a person in charge of the animal; or
(b) a person whom the inspector reasonably believes is in charge of the
animal; or
(c) if the animal has been seized under Subdivision 1 of
Division 5:
(i) a person who, immediately before the seizure, was a person in charge
of the animal; or
(ii) a person whom the inspector reasonably believes was, immediately
before the seizure, a person in charge of the animal.
(3) Without limiting subsection (1), the animal welfare direction may
require a person to:
(a) care for, or treat, the animal in a stated way;
(b) provide the animal with stated accommodation, food, rest, water or
other living conditions;
(c) consult a veterinary surgeon about the animal’s condition before
a stated time;
(d) move the animal from the place where it is situated when the direction
is given to another stated place for a purpose mentioned in paragraph (a),
(b) or (c);
(e) not to move the animal from the place where it is situated when the
direction is given.
(4) However, an animal welfare direction may be given only if the
inspector considers it to be necessary and reasonable in the interests of the
animal’s welfare.
(5) The animal welfare direction may state how the person given the
direction may show that the stated action has been taken.
(1) An animal welfare direction must:
(a) be in the approved form; and
(b) describe:
(i) the animal in a way that reasonably allows the person given the
direction to identify it; or
(ii) if the direction is given because the inspector reasonably believes a
person has committed, is committing or is about to commit, an animal welfare
offence—the type of animal to which the offence relates; and
(c) state:
(i) each requirement; and
(ii) a time for the person to comply with each requirement; and
(d) include an information notice about the decision to give the
direction.
(2) Despite paragraph (1)(a), an animal welfare direction may be
given orally if:
(a) the inspector considers it to be in the interests of the
animal’s welfare to give the direction immediately; and
(b) for any reason it is not practicable to immediately give the direction
in the approved form; and
(c) the inspector gives the person an offence warning.
(3) If the direction is given orally, the inspector must confirm the
direction by also giving it in the approved form as soon as practicable after
giving it orally.
(4) An animal welfare direction may state that an inspector proposes, at a
stated time or at stated intervals, to enter either of the following places
where an animal the subject of the direction is kept, to check compliance with
the direction:
(a) a vehicle of which the person is the person in control;
(b) another place of which the person is the occupier.
(1) A person to whom an animal welfare direction has been given must not
refuse or fail to comply with the direction.
Maximum penalty: 100 penalty units or imprisonment for 1 year.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
An inspector may destroy an animal, or cause it to be destroyed,
if:
(a) an inspector has seized the animal under this Part or the person in
charge of the animal has given written consent to the destruction; and
(b) the inspector reasonably believes that the animal is in pain to the
extent that it is cruel to keep it alive.
(1) An inspector must keep an inventory of all animals for which he or she
has responsibility.
(2) Inspectors must keep prescribed records of their activities.
(3) Without affecting subsection (2), records must contain a brief
account of each case, observations, corrective actions and other matters that
may be important for the welfare of animals.
(4) A report in relation to each animal for which an inspector has
responsibility must be submitted in the prescribed form by the inspector to the
Authority.
(1) A person in charge of an animal owes a duty of care to it.
(2) The person must not breach the duty of care.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(3) For the purposes of subsection (2), a person breaches the duty
only if the person does not take reasonable steps to ensure that:
(a) the animal’s needs for:
(i) food and water;
(ii) accommodation or living conditions;
(iii) treatment for disease or injury;
are provided for; and
(b) any handling of the animal by the person, or caused by the person, is
appropriate.
(4) In deciding what is appropriate for the purposes of
paragraph (3)(b), regard must be had to:
(a) the species, environment and circumstances of the animal; and
(b) the steps a reasonable person in the circumstances of the person would
reasonably be expected to have taken.
(1) A person must not be cruel to an animal.
Maximum penalty: 1000 penalty units or imprisonment for 2 years.
(2) Without limiting subsection (1), a person is taken to be cruel to
an animal if the person does any of the following to the animal:
(a) causes it pain that, in the circumstances, is unjustifiable,
unnecessary or unreasonable;
(b) beats it so as to cause the animal pain;
(c) abuses, terrifies, torments or worries it;
(d) overdrives, overrides or overworks it;
(e) uses on the animal an electrical device;
(f) confines or transports it:
(i) without appropriate preparation, including, for example, appropriate
food, rest, shelter, exercise or water; or
(ii) when it is unfit for the confinement or transport; or
(iii) in a manner that causes injury, pain or undue stress to the animal;
or
(iv) in a way that is inappropriate for the animal’s welfare; or
(v) in an unsuitable container or vehicle; or
(vi) with lack of protection from the elements; or
(vii) in conditions susceptible to infestation of food by rodents or
insects;
(g) kills it in a way that:
(i) is inhumane; or
(ii) causes it not to die quickly; or
(iii) causes it to die in unreasonable pain;
(h) unjustifiably, unnecessarily or unreasonably:
(i) injures or wounds it; or
(ii) overcrowds or overloads it; or
(iii) overbreeds female dogs during the first estrus cycle:
(A) when the female dogs are not fully mature; or
(B) without sufficient rest between litters;
(i) inbreeds dogs;
(j) fails to provide proper veterinary care;
(k) fails to socialise dogs with humans;
(l) kills unwanted animals.
(3) For the purposes of this section, it is presumed that any breeder with
more than 25 dogs is in violation of this section, unless the breeder is able to
demonstrate the contrary to the satisfaction of the Chairperson of the
Authority.
(1) A person who injures an animal (not being an animal of which that
person is in charge) must not, without reasonable excuse, fail to take
reasonable steps (including, where appropriate, seeking veterinary treatment) to
alleviate any pain suffered by the animal.
Maximum penalty: 50 penalty units.
(2) A person in charge of an animal must not, without reasonable excuse,
fail to take adequate precautions to prevent the escape of the animal from
custody or control.
Maximum penalty: 20 penalty units.
A person in charge of an animal must not abandon an animal unless the
person has a reasonable excuse or the abandonment is authorised by
law.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
Intentional release
(1) A person in charge of an animal must not intentionally release an
animal unless the person has a reasonable excuse or the release is authorised by
law.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
Unintentional release
(2) A person in charge of an animal must not unintentionally release an
animal unless the person has a reasonable excuse or the release is authorised by
law.
Maximum penalty: 50 penalty units.
A person must not knowingly cause an animal in captivity to be injured or
killed by a dog.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
A person must not release an animal if the release is:
(a) to allow the animal to be injured or killed by a dog; or
(b) in circumstances in which the animal is likely to be injured or killed
by a dog unless the person takes reasonable steps to prevent the injury or
killing.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
A person must not keep or use an animal as a kill or lure:
(a) for blooding a dog; or
(b) to race or train a coursing dog.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(1) A person must not possess any of the following (a prohibited
trap or spur):
(a) a trap prescribed under a regulation to be a prohibited trap;
(b) a spur with sharpened or fixed rowels;
(c) a cockfighting spur cap.
Maximum penalty: 100 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See section 13.3(3) of the
Criminal Code.
(3) It is a reasonable excuse for a person to possess a prohibited trap or
spur if:
(a) it has been rendered inoperable for use as a prohibited trap or spur;
and
(b) the possession is for display or is part of a collection.
(4) In this section:
spur includes any device similar to a spur.
A person must not use a prohibited trap or spur as a trap or spur.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(1) A person, other than a person authorised under the following regime,
must not, with the intention of injuring or killing an animal, administer to or
feed the animal a substance that the person knows is harmful or poisonous to it
unless:
(a) a permit is issued; and
(b) it has been assessed or is under assessment under the Environment
Protection and Biodiversity Conservation Act 1999 by a public environment
report or environmental impact assessment; and
(c) there are no impacts caused on threatened species, migratory birds, or
any matters of national environmental significance; and
(d) baits laced by hand are laid by approved persons.
(2) All baits must be recorded and a register kept of all laid and
recovered baits.
(3) Every baiting event must be audited to include:
(a) estimated numbers of target species and deaths;
(b) estimated numbers of non-target species deaths.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(4) A person must not, with the intention of injuring or killing any
animal, lay a bait or a substance that is harmful or poisonous to any animal.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(5) In this section:
lay includes deposit, distribute, leave and throw.
A person in control of an animal (the first animal) must
not unlawfully allow it to injure or kill another animal (the second
animal).
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(2) The person unlawfully allows the first animal to injure or kill the
second animal if immediately before the injury or killing happens:
(a) the first animal was under the person’s immediate supervision;
and
(b) the person:
(i) was aware of the second animal’s presence; and
(ii) ought reasonably to have suspected that the second animal was
immediately vulnerable to the first animal and was likely to be injured or
killed by it; and
(iii) did not take reasonable steps to prevent the injury or killing.
(1) A person, other than a veterinary surgeon, must not crop a dog’s
ear.
Maximum penalty: 100 penalty units.
(2) A veterinary surgeon must not crop a dog’s ear for cosmetic
purposes.
Maximum penalty: 100 penalty units.
(3) In this section:
crop a dog’s ear means to remove part of
the ear to make the ear stand erect.
(1) A person, other than a veterinary surgeon, must not dock a dog’s
tail.
Maximum penalty: 100 penalty units.
(2) A veterinary surgeon must not dock a dog’s tail unless the
veterinary surgeon reasonably considers that the docking is in the interests of
the dog’s welfare.
Maximum penalty: 100 penalty units.
(1) A person, other than a veterinary surgeon, must not perform an
operation on a dog to prevent it from being able to bark or to reduce the volume
of its bark (a debarking operation).
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(2) A veterinary surgeon must not perform a debarking operation on a dog
unless the veterinary surgeon:
(a) reasonably considers that the operation is in the interests of the
dog’s welfare; or
(b) has been given a relevant nuisance abatement notice and the veterinary
surgeon reasonably considers that the operation is the only way to comply with
the notice without destroying the dog; or
(c) has been given an appropriate notice and the surgeon reasonably
considers that the operation is the only way to stop the dog’s barking
from being a nuisance without destroying the dog.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(3) For the purposes of paragraph (2)(c), an appropriate notice means
a notice signed by each owner of the dog asking the veterinary surgeon to
perform the operation and stating:
(a) that, in the opinion of each owner, the dog’s barking is a
nuisance;
(b) that attempts have been made to prevent the dog’s barking from
being a nuisance;
(c) for each attempt:
(i) the nature of the attempt; and
(ii) enough details of the attempt to allow the veterinary surgeon to form
a view under paragraph (2)(c);
(d) that each attempt has been unsuccessful.
(4) In this section:
bark includes cry, howl and yelp.
nuisance, in relation to barking, means interference with the
reasonable comfort, peace or privacy of any person.
(1) A person, other than a veterinary surgeon, must not remove a
cat’s claw.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(2) A veterinary surgeon must not remove a cat’s claw unless the
veterinary surgeon reasonably considers that the removal is in the interests of
the cat’s health or in the interests of native wildlife.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(1) In this section animal means:
(a) a head of cattle;
(b) a horse.
(2) A person, other than a veterinary surgeon, must not dock an
animal’s tail.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(3) A veterinary surgeon must not dock an animal’s tail unless the
veterinary surgeon reasonably considers that the docking is in the interests of
the animal’s welfare.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
A person must not, without the Authority’s written
approval:
(a) conduct the test commonly known as the Draize eye or skin irritancy
test, or a similar test; or
(b) conduct the test commonly known as the classical LD 50 test, or a
similar test; or
(c) use an animal for a scientific purpose if the use involves
testing:
(i) a cosmetic; or
(ii) a sunscreen product; or
(iii) an ingredient of a cosmetic or sunscreen product.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
A prohibited event means:
(a) a bullfight or organised event held for public entertainment in which
a person provokes a bull in a way that is likely to cause it to charge;
(b) a cockfight or dogfight or other event in which an animal fights, or
is encouraged to fight, with another animal;
(c) a canned hunt or other event in which an animal is killed in an
enclosure to obtain a trophy;
(d) coursing or any other event in which an animal is released from
captivity to be hunted, injured or killed by another animal;
(e) an event in which an animal is released from captivity to be hunted,
or shot at by a person;
(f) an event prescribed under a regulation held for public enjoyment or
entertainment, with or without charge to anyone present, at which anyone
participating in the event causes an animal pain.
(1) A person must not:
(a) organise a prohibited event; or
(b) knowingly:
(i) permit a prohibited event to be organised; or
(ii) supply an animal for use in a prohibited event; or
(iii) supply premises for use for a prohibited event.
Maximum penalty: 300 penalty units or imprisonment for 1 year.
(2) In this section:
organise a prohibited event includes taking part in
organising the event.
(1) A person must not be present at a prohibited event.
Maximum penalty: 150 penalty units or imprisonment for 1 year.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(1) A person in charge of a dog that is closely confined for a continuous
period of 24 hours must ensure the dog is exercised or allowed to exercise
itself for:
(a) the next 2 hours; or
(b) the next hour and for another hour in the next 24 hours.
Maximum penalty: 20 penalty units.
(2) Subsection (1) does not apply if the person has a reasonable
excuse.
Note: The defendant bears an evidential burden in relation
to the matter in subsection (2). See subsection 13.3(3) of the Criminal
Code.
(3) In deciding for the purposes of subsection (1) whether a dog is
closely confined, regard must be had to the dog’s age, physical condition
and size.
(1) This section applies to an offence if the act that constitutes the
offence is:
(a) an act done by a person to control a feral animal or pest, including,
for example, by killing it; and
(b) the act does not involve the use of a prohibited trap or spur.
(2) It is not an offence:
(a) if the act that otherwise constitutes an offence is done in a way that
causes the animal as little pain as is reasonable; and
(b) the act does not damage or cause damage to eco-systems and causes no
harm or damage to non-target species.
(3) In this section:
feral animal means an animal living in a wild state that is a
member of a class of animals that usually live in a domestic state.
pest means:
(a) a non-indigenous animal generally regarded as being a pest;
(b) an animal declared under a regulation made under this or another Act
to be a pest.
(4) An act that otherwise constitutes an offence under this Act is not an
offence if the Chairperson determines that a feral animal or pest can be
eradicated either:
(a) completely; or
(b) from a protected area; or
(c) from an area deemed significant habitat for other species.
(5) An act that otherwise constitutes an offence under this Act is not an
offence if the Chairperson determines that eradication measures are
urgent.
(1) An act that otherwise constitutes an offence under this Act is not an
offence if:
(a) the act that constitutes the offence involves a person using an animal
(the food animal) as live food for another animal (the fed
animal); and
(b) the food animal and the fed animal are both lawfully kept by the
person; and
(c) the fed animal will only eat the food animal if it is alive; and
(d) feeding the food animal to the fed animal is essential for the fed
animal’s survival; and
(e) the fed animal will only eat native species as lure food and no
other.
(1) A person must not transport a live animal for commercial purposes from
Australia without a permit issued by the Authority.
(2) This section has no effect on the export provisions of the
Environment Protection and Biodiversity Conservation Act 1999.
Maximum penalty: 100 penalty units.
(1) A person must apply to the Authority for a permit to transport live
animals for commercial purposes from Australia.
(2) An application must be made at least 30 days before the proposed
transportation.
(3) The Authority may grant a permit to an applicant only if the Authority
is satisfied that:
(a) the applicant will comply with the provisions of this section and with
any code of practice for exporting live animals approved by the Minister under
the regulations; and
(b) the applicant will make all facilities to be used in the
transportation, including waiting areas to be used before and after the
transportation, available for inspection by an inspector; and
(c) an inspector will be able to inspect the facilities at the port of
destination and, if the animals are exported for slaughter outside Australia,
the abattoirs to be used for the slaughter of the animals; and
(d) the applicant will employ, for the purpose of the transportation, the
number of veterinary surgeons and competent stockpersons decided by the
Authority; and
(e) the applicant will allow an inspector to be present at the loading and
unloading of the animals; and
(f) the applicant will, if the Authority directs, allow an inspector to
accompany the transportation of the animals.
(4) The Authority must not issue a permit to an applicant unless the
Authority is satisfied that the laws and codes of practice relating to animal
welfare that operate in the country to which the animals are to be exported
provide comparable animal welfare standards and protection to the laws of
Australia.
(5) An inspector may detain a vessel until all the requirements for
transportation are fulfilled.
(6) If an animal keeper, before the transportation to which a permit
relates, fails to implement the provisions of this Act or to comply with any
approved code of practice for exporting live animals, the Authority may, by
written notice given to the holder, withdraw the permit.
(7) If, after granting a permit and before the transportation to which it
relates, the Authority ceases to be satisfied of any of the matters specified in
subsection (4), the Authority may, by written notice given to the holder,
withdraw the permit.
(1) A veterinary surgeon who accompanies a transportation of animals must
keep records as prescribed of the welfare and comfort of the animals during the
transportation and must submit a report of the records to the Authority within 2
weeks of returning to Australia.
(2) A report under subsection (1) must include details of animal
deaths and the physical condition of the animals during the
transportation.
(1) Liability under this Act for the welfare of the animals remains with
the seller of the animals unless legally passed on to an agent. Such a transfer
of liability must be in writing and signed by both the seller and the
agent.
(2) Liability under this Act remains with the seller or his or her agent
during the entire act of transportation until the time of delivery.
(3) A person who is liable under subsection (1) may show that another
person is liable for a particular act during transportation which resulted in
the suffering or death of an animal.
(4) If liability cannot be clearly placed with a particular person, the
liability must be jointly held by those persons against whom it can be
reasonably assumed that such a liability may lie.
(1) A person must not import animal products without a permit issued by
the Authority.
(2) This section has no effect on the import provisions of the
Environment Protection and Biodiversity Conservation Act 1999.
Maximum penalty: 100 penalty units.
(1) A person must apply to the Authority for a permit to import animal
products.
(2) An application must be made at least 30 days before the proposed
importation.
(3) The Authority must not issue a permit to an applicant unless the
Authority is satisfied that the laws and codes of practice relating to animal
welfare that operate in the country of origin of the animal products to be
imported provide comparable animal welfare standards and protection to the laws
of Australia.
(1) Not less than 3 years after the commencement of this Act, the
Authority must prepare and give to the Minister for approval a draft code of
practice in relation to the labelling of animal products.
(2) It is the intention of the Parliament that the code of practice for
the labelling of animal products establish a system of labelling that provides
consumers with information about the methods used to produce animal products
where those methods may influence consumer choice because of their impact
on:
(a) animal welfare; or
(b) the health, safety, ethical or moral concerns or religious beliefs of
consumers.
(3) In developing a draft code of practice, the Authority must consult
with the community by inviting and considering written submissions from members
of the public, and by convening public meetings in each State and internal
Territory.
(4) This draft code of practice applies to both imported and domestic
products.
In this Part:
animal means an invertebrate or vertebrate animal other than
a human being.
approved research is research approved under this
Act.
pain refers to both psychological and physical pain and, in
an animal, is taken to be the same sensation that an average, well human, having
suffered the same trauma, would experience.
research means a critical or scientific inquiry, study,
investigation or experimental test, including a procedure involving interference
with an animal’s condition of well-being, where pain or distress is likely
to occur.
research unit means premises on which animals are used in
research and includes premises used for collecting, assembling, breeding,
rearing or maintaining animals in connection with a research unit.
research unit operator means the person responsible for a
research unit.
research worker means a person actively involved in
research.
supply unit means premises other than a research unit that
are used for the maintaining, breeding and rearing of animals and the collecting
and assembling of animals pursuant to a contract between the operator of the
supply unit and the operator of a research unit.
supply unit operator means the person responsible for a
supply unit.
A person must not operate a research unit or a supply unit without a
licence under this Part.
Maximum penalty: 100 penalty units.
(1) A person must not conduct research with animals other than in
accordance with a code of practice issued by the National Health and Medical
Research Council.
Maximum penalty: 100 penalty units.
(2) For the purposes of this section, a code of practice issued by the
National Health and Medical Research Council includes the Australian Code of
Practice for the Care and Use of Animals for Scientific Purposes.
(1) The Authority is responsible for the following matters in relation to
the experimental use of animals:
(a) issuing licences for approved research to a research worker;
(b) issuing licences for the operation of a supply unit;
(c) issuing licences for the operation of a research unit;
(d) giving final approval and issuing licences to all research projects
funded by a Commonwealth Department or program;
(e) giving final approval and issuing licences to all research projects
funded by a corporation of the kind mentioned in section 5 of this Act or
an international corporation;
(f) the preparation of an annual report to the Minister which
includes:
(i) the number of animals bred within each research unit and the number
purchased or obtained from licensed supply unit operators in each year, broken
down into the different species bred or brought in, and the names and addresses
of the licensed supply unit operators; and
(ii) the number of animals made available for research each year, and the
number of animals used by species; and
(iii) the number of animals utilised for breeding colony maintenance;
and
(iv) the number of animals surplus to requirements which were culled, and
by what method; and
(v) the number of deaths from disease or from unexplained causes;
and
(vi) the number of experiments and/or tests on live whole animals during
the preceding twelve months; and
(vii) the number of experiments or tests on live whole animals in which
anaesthesia was administered; and
(viii) the number of animals used per category of experiment or test (for
example, cancer research, diagnostic procedures, medical and veterinary,
standardisation of drugs, sera and vaccines, safety testing of household
products, safety testing of cosmetics, testing of weapons, riot control and
defence devices, safety testing of agricultural products, safety testing of
industrial chemicals, toxicity testing of food additives and behavioural
research);
(g) advising inspectors on any matter relating to this Part;
(h) assessing recommendations from inspectors or research unit operators
for revocation of licences, and the revocation of such licences, temporarily or
otherwise;
(i) reporting and making recommendations regarding any extension of the
use of animals by commercial interests, recognising that strict controls are
necessary where the overall purpose of experiments is the pursuit of commercial
enterprise;
(j) giving the Minister continuing help and advice;
(k) ensuring that the requirements of scientists are assessed by a
competent authority;
(l) ensuring that the public is aware that proposals for cruel experiments
will be scrutinised;
(m) providing a panel of persons with expertise in animal welfare and
laboratory animal science to advise licensees;
(n) actively encouraging, through grants and incentive schemes, research
into alternatives to animal experimentation.
(1) The Authority must establish a data bank of all experiments using
animals, carried out in both Australia and overseas.
(2) The Authority must establish a data bank of alternatives to experiments
using animals that are carried out both in Australia and overseas.
(1) A person may apply to the Authority, in a form approved by the
Authority, for a licence:
(a) to operate a research unit; or
(b) to operate a supply unit; or
(c) to conduct a research project.
(2) The Authority must not grant a licence to a person unless the person
undertakes in writing to comply with the Australian Code of Practice for the
Care and Use of Animals for Scientific Purposes issued by the National
Health and Medical Research Council.
Note: It is an offence under section 96 to conduct
experiments other than in accordance with a code of practice.
(3) The Authority must not grant a licence to operate a research unit
unless it is satisfied that the applicant will provide all pens, cages,
compounds, tools, implements, buildings and dietary materials necessary to
properly care for and handle animals in the research unit in compliance with the
cruelty provisions of this Act.
(4) The Authority must not grant a licence to operate a supply unit unless
it is satisfied that the applicant:
(a) has proven experience in the proper care and handling of animals;
and
(b) possesses all pens, cages, compounds, vehicles, tools, implements,
buildings and dietary materials necessary to properly care for and handle
animals on his or her premises as specified in the regulations; and
(c) has a veterinary surgeon readily available to provide care and regular
inspections of the breeding and maintenance premises.
(1) The Authority must ensure that notices of an application for a licence
are published in a newspaper circulating in the locality of a research unit and
in a different newspaper circulating nationally.
(2) The notices must state the time and place at which the Authority will
meet to consider whether to grant the licence.
A licence under this Part is subject to such conditions as the Authority
determines and specifies in the licence.
Any person is entitled to appear before the Authority to object to the
proposed grant of a licence.
(1) The Authority may suspend or revoke a licence to operate a research
unit or a supply unit if the Authority is satisfied on the inspection and
recommendation of an inspector that:
(a) the operator has failed to comply with a condition of the licence or
this Act; or
(b) the operator has not properly maintained any of the facilities,
equipment or materials referred to in the regulations; or
(c) the operator or any person employed by, or associated with, the
operator, has failed to observe or carry out the provisions of this Act or some
other law relating to cruelty, maltreatment or neglect of animals.
(2) The Authority may suspend or revoke another licence under this Part,
if the operator has failed to comply with a condition of a licence.
The research unit operator must not purchase or otherwise acquire an
animal from any person for use in the research unit other than:
(a) another licensed research unit operator; or
(b) a licensed supply unit operator.
Maximum penalty: 50 penalty units.
(1) If the Authority revokes a licence to operate a research unit, the
Authority must not grant another licence to the operator before the end of one
year after the revocation.
(2) In this section, operator includes both the organisation
and the responsible individuals determined by the Authority.
(1) Every animal used in a research unit in any experiment that is likely
to cause pain to the animal must be anaesthetised.
(2) The operator of a research unit must provide analgesics adequate to
prevent an animal suffering pain during the period of its recovery from any
procedure used in an experiment.
If the Authority refuses to grant, or proposes to suspend or revoke, a
licence it must give notice to the applicant or licensee, together with written
reasons for its refusal or proposed suspension or revocation.
A licensed research unit operator must submit an annual report to the
Authority showing for each experiment:
(a) the purpose of the experiment; and
(b) the need (that is, does it duplicate other experiments and do the
purposes justify it); and
(c) commercial interests involved in the experiment; and
(d) the number of animals bred within the unit and the number purchased or
obtained from licensed supply unit operators in each year, broken down into the
different species bred or brought in and the names and addresses of the licensed
supply unit operators; and
(e) the number of animals made available for research each year, and the
number of animals used by species (for example, horses, dogs, cats, rodents,
etc.); and
(f) the number of animals utilised for breeding colony maintenance;
and
(g) the number of animals surplus to requirements which were culled and by
what method; and
(h) the number of deaths from disease or from unexplained causes;
and
(i) the number of experiments or tests on live whole animals during the
preceding 12 months; and
(j) the number of experiments or tests on live whole animals in which
anaesthesia was administered; and
(k) the number of animals used per category of experiment or test (for
example, cancer research, diagnostic procedures, medical and veterinary,
standardisation of drugs, sera and vaccines, safety testing of household
products, safety testing of cosmetics, testing of weapons, riot control and
defence devices, safety testing of agricultural products, safety testing of
industrial chemicals, toxicity testing of food additives and behavioural
research).
A matter may be excluded from an annual report on the basis of
commercial-in-confidence only if the information reveals a trade secret or
details a process or product under patent.
A licensed supply unit operator must submit an annual report to the
Authority showing:
(a) the number of each species bred; and
(b) to whom the animals were sold or forwarded; and
(c) the numbers of animals acquired by each purchaser; and
(d) the numbers retained for breeding colony maintenance and the numbers
culled; and
(e) the number of deaths from disease or from unexplained causes;
and
(f) from where breeding animals are obtained.
(1) The Authority must keep a register of persons registered to use
animals for scientific purposes.
(2) The Authority may keep the register in the way in which the Authority
considers appropriate, including, for example, in electronic form.
(1) The register must state the following for each registered
person:
(a) the person’s name, address and licence number;
(b) if the person is not an individual—the name of the principal
executive officer of the registered entity;
(c) any other information prescribed under the regulations.
(2) The register may include any other information which the Authority
considers appropriate.
(3) The information recorded under subsections (1) and (2) in the
register for a registered person is called the person’s registration
details.
The Authority must:
(a) keep the register open for inspection, free of charge, by members of
the public during office hours on business days at the Authority’s office;
and
(b) allow a person to take extracts, free of charge, from the register;
and
(c) give a person a copy of the register, or a part of it, on payment of
the fee prescribed under the regulations.
A person must not, in connection with the use of an animal for a
scientific purpose, intentionally or recklessly falsely represent that the
person or someone else is a registered person.
Maximum penalty: 150 penalty units.
(1) The Authority may cancel or suspend a person’s registration if
an event mentioned in subsection (2) has occurred.
(2) For the purposes of subsection (1), the event is any of the
following:
(a) the registration was because of a materially false or misleading
representation or declaration, made either orally or in writing;
(b) the person has not complied with a registration condition;
(c) the person has not paid a fee prescribed under this Act in relation to
the registration;
(d) if the person is an individual:
(i) a disqualifying event happens in relation to the individual; or
(ii) the individual becomes an undischarged bankrupt or, as a debtor,
takes advantage of any law about bankruptcy or insolvent debtors;
(e) if the person is a corporation:
(i) a disqualifying event happens in relation to any of its executive
officers or another corporation of which any of its executive officers is, or
has been, an executive officer; or
(ii) it becomes insolvent as defined under section 95A of the
Corporations Act 2001.
(1) The Commonwealth must not provide funding to any organisation that
uses animals for:
(a) research and development; or
(b) promotional activities;
unless the Minister is satisfied that the organisation’s use of
animals is consistent with the objects of this Act and does not contravene any
code of practice established under the regulations.
(2) All organisations that receive commercial funding must publish all
other funding sources.
(3) If an organisation receives Commonwealth funding and funding from
Commonwealth sources, those sources of funding must be:
(i) reported in applying for any Commonwealth funds; and
(ii) published in the organisation’s annual report.
(1) The staff of the Authority are to be persons engaged under the
Public Service Act 1999.
(2) The Chairperson has all the powers of a Secretary under the Public
Service Act 1999 as they relate to the branch of the Australian Public
Service comprising the Authority.
(3) The Authority may make arrangements with an authority of the
Commonwealth or of a State or Territory for the services of officers of that
authority to be made available for the purposes of the Authority.
The Authority may engage consultants to assist it in the performance of
its functions and the exercise of its powers.
(1) There is payable to the Authority such money as is appropriated by the
Parliament for the purposes of the Authority.
(2) The Authority may receive money paid to it by a State or
Territory.
(1) The money of the Authority is to be spent only:
(a) in paying or discharging costs, expenses and other obligations
incurred in the performance of its functions; and
(b) in paying remuneration and allowances payable under this
Act.
(1) The Authority must prepare estimates, in the form directed by the
Minister, of its receipts and expenditure for:
(a) each financial year; and
(b) any other period specified by the Minister.
(2) The Authority must give the estimates to the Minister not later than a
day directed by the Minister.
(3) The Authority’s money must be spent in accordance with the
estimates approved by the Minister.
Subject to this Division, the procedure to be followed by the Authority
is to be determined by the Chairperson.
(1) The Chairperson is to convene such meetings of the Authority as he or
she thinks necessary for the efficient performance of its functions.
(2) The Chairperson must convene a meeting if requested in writing to do
so by at least 3 other members.
(1) The Chairperson is to preside at all meetings at which he or she is
present.
(2) If the Chairperson is not present at a meeting, the members present
are to appoint a member to preside at that meeting.
At a meeting, 5 members constitute a quorum.
(1) A question arising at a meeting is to be decided by a majority of the
votes of the members present and voting.
(2) The person presiding at a meeting has a deliberative vote but does not
have a casting vote.
(1) The Authority may, subject to this Division, decide the procedure at
meetings.
(2) The Authority must keep minutes of its meetings.
The Authority may by instrument in writing delegate all or any of its
powers to a member or a member of the staff of the Authority.
(1) A member of the Authority is to be paid the remuneration and
allowances determined by the Remuneration Tribunal. If there is no determination
in force, a member is to be paid such remuneration as is prescribed.
(2) A member is to be paid such other allowances as are
prescribed.
(3) Remuneration and allowances payable to members are to be paid out of
money appropriated by the Parliament for the purposes of the
Authority.
(4) Subsections (1) and (2) have effect subject to the
Remuneration Tribunal Act 1973.
(1) A member of the Authority has the recreation leave entitlements
determined by the Remuneration Tribunal.
(2) The Minister may grant a member leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Minister determines.
A member of the Authority may resign by sending a signed notice of
resignation to the Minister.
(1) A member of the Authority who has a conflict of interest in relation
to a matter being considered or about to be considered by the Authority must
disclose the matters giving rise to that conflict to the Authority as soon as
possible after becoming aware of the conflict.
(2) The member must not take part in the making of a decision by the
Authority in relation to the matter unless the Authority, in the absence of the
member, decides that there is no conflict of interest.
(3) For the purposes of this section, a member has a conflict of interest
in relation to a matter being considered or about to be considered if the member
has any interest, pecuniary or otherwise, that could conflict with the proper
performance of the member’s functions in relation to the matter.
If the Chairperson ceases to be a member of the Authority, the person
ceases to be the Chairperson.
(1) The Minister may terminate the appointment of a member of the
Authority for misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the appointment of a member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his
or her creditors; or
(b) the member is absent, without reasonable excuse, from 3 consecutive
meetings of the Authority.
(3) If a member is:
(a) an eligible employee for the purposes of the Superannuation Act
1976; or
(b) a member of the superannuation scheme established by deed under the
Superannuation Act 1990;
the Minister may, with the member’s consent, retire the member from
office on the grounds of physical or mental incapacity.
(4) In spite of anything in this Act, a member who:
(a) is an eligible employee for the purposes of the Superannuation Act
1976; and
(b) has not reached his or her retiring age within the meaning of that
Act;
cannot be retired from office on the ground of invalidity within the
meaning of Part IVA of that Act unless the Commonwealth Superannuation
Board of Trustees No. 2 has given a certificate under section 54C of
that Act.
(5) In spite of anything in this Act, a member who:
(a) is a member of the superannuation scheme established by deed under the
Superannuation Act 1990; and
(b) is under 60;
cannot be retired from office on the ground of invalidity within the
meaning of that Act unless the Commonwealth Superannuation Board of Trustees
No. 1 has given a certificate under section 13 of that Act.
(1) The Minister may appoint a person to act as a member of the
Authority:
(a) during a vacancy in that office, whether or not an appointment has
previously been made to the office; or
(b) during a period, or during all periods, when the holder of the office
is absent from duty or from Australia or is, for any reason, unable to perform
the duties of the office.
(2) Anything done by or in relation to a person claiming to act under this
section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ended.
(1) The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Regulations may prescribe civil or criminal penalties for the breach
of a regulation.
1 Objectives
In supporting the proposal for a national animal welfare system, the main
objectives are to promote:
(a) the humane treatment of animals so that the quality of life and manner
of death of all animals which are under the control of humans reach an
acceptable minimum standard; and
(b) standards in relation to the housing, management, transport and
slaughter of animals that take into account the physical, social and behavioural
requirements of the relevant species; and
(c) the international adoption of minimum standards by limiting
Australia’s international trade in animals and animal products to trade
with those countries that observe comparable standards.
2
Framework
The framework for a national animal welfare system is to consist
of:
(a) a Ministerial Council to oversee the National Animal Welfare Authority
and be responsible for national policy formulation, strategic directions and
priority setting, with decisions by the Ministerial Council to be made on the
basis of voting by all of its members; and
(b) a National Animal Welfare Authority to be responsible for regulating
the treatment of animals and reporting to the Ministerial Council.
3
Roles and responsibilities of the key parties
The Ministerial Council
(1) The Ministerial Council will consist of one Minister from each State
and Territory and the Commonwealth, responsible for primary industries, and will
be chaired by the Commonwealth Minister.
(2) On the Ministerial Council, each State and Territory Minister will
have one vote while the Commonwealth Minister will have two votes and a casting
vote. All matters will be decided by a simple majority.
(3) The functions of the Ministerial Council are to include:
(a) consenting to functions and powers to be conferred on the National
Animal Welfare Authority; and
(b) monitoring the operation of the National Animal Welfare Authority and
receiving advice from the Authority; and
(c) formulating policy and setting strategic directions and priorities in
relation to animal welfare.
National Animal Welfare Authority
(4) The National Animal Welfare Authority has the functions specified in
this Act and such other functions as are conferred on the Authority under the
Act.
1 Definitions
In this Act, unless the contrary intention appears:
animal is any of the following:
(a) a live member of a vertebrate animal taxon;
(b) if it is in the last half of gestation or development a live pre-natal
or pre-hatched creature that is:
(i) a mammalian or reptilian foetus;
(ii) an avian, mammalian or reptilian pre-hatched young;
(c) a live marsupial young;
(d) a live invertebrate creature of a species, or a stage of the life
cycle of a species, from the class Cephalopoda or Malacostraca prescribed under
a regulation for this paragraph.
However, a human being or human foetus is not an animal. To remove any
doubt, it is declared that the following are not animals:
(e) the eggs, spat or spawn of a fish;
(f) a pre-natal, larval or pre-hatched creature, other than a creature
mentioned in paragraph (b);
(g) another immature form of a creature, other than a creature mentioned
in paragraph (b).
abattoir means any premises at which the slaughter of animals
takes place for human consumption or pet food.
agent includes the transport company or any other person who
has taken responsibility and therefore liability for the transportation of
animals.
Agreement means any agreement made between the Commonwealth,
the States and the Territories in relation to animal welfare.
animal keeper includes the seller of animals to be
transported live, or their agent.
animal product means a product whose physical constituents
were largely or wholly derived from slaughtered animals.
Authority means the National Animal Welfare
Authority.
at a place includes in or on the place.
confine includes:
(a) caging or keeping an animal in captivity in some other way;
(b) maiming, mutilating or pinioning an animal or subjecting an animal to
a device to hinder or prevent the animal’s free movement;
(c) tethering an animal.
custody of an animal includes care and control of the animal.
debarking operation has the meaning given in section 77.
delivery means the assumption of responsibility demonstrated
by some physical act of control made by the purchaser of the animals or their
agent.
destroy an animal includes disposing of it after it has been
killed.
duty of care for a person in charge of an animal means the
duty imposed on the person.
enter includes:
(a) for a place—to re-enter the place; and
(b) for a vehicle—to board or re-board the vehicle.
entry requirement has the meaning given by
section 30.
event includes competition, display and race.
exercise a power includes to exercise a power under an order,
warrant or other authority issued under this Act.
humane methods of slaughter means methods whereby animals are
rendered insensible to pain by mechanical, electrical, chemical or other means
which are rapid and effective, before slaughter and before being shackled,
hoisted, thrown, cast or cut.
inspector means a person who holds appointment as an
inspector under this Act.
member means a member of the Authority.
Minister means the Commonwealth Minister with responsibility
for primary industries.
Ministerial Council means the Animal Welfare Ministerial
Council established in accordance with the Agreement.
prohibited event has the meaning given by section 81.
prohibited trap or spur has the meaning given
by section 71.
slaughter an animal includes preparing it for
slaughter.
supply includes:
(a) to give or sell;
(b) to possess for supply;
(c) to offer or agree to give, sell or otherwise supply;
(d) to cause or permit to be given, sold or otherwise supplied.
transportation includes loading, the waiting period
during loading, transit, unloading at the point of destination, and the waiting
period prior to delivery at the point of destination.
use includes:
(a) to cause or permit to be used; and
(b) for an animal:
(i) to acquire, breed with, care for, dispose of or identify the animal;
and
(ii) to drive, load, ride, transport and work; and
(iii) to accommodate or provide other living conditions for the animal;
and
(c) for premises—to keep, manage and occupy; and
(d) for a trap—to set.
vehicle includes an aircraft, boat, trailer, train and tram.
veterinary treatment, of an animal, means:
(a) consulting with a veterinary surgeon about the animal’s
condition; or
(b) a medical or surgical procedure performed on the animal by a
veterinary surgeon;
(c) a medical procedure of a curative or preventive nature performed on
the animal by someone other than a veterinary surgeon if the procedure is
performed under a veterinary surgeon’s directions.
welfare, of an animal, means issues about the health, safety
or wellbeing of the animal.