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ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 4

Definitions

In this Act:

"accredited animal ethics committee", for Part 4, see section 36 .

"acting in an official capacity", in relation to a person, means the person is exercising functions under, or otherwise related to the administration of, this Act.

"Advisory Committee "means the Animal Welfare Advisory Committee established under section  19 .

"affected person", see section 76 (2).

"animal", see section 5 .

"animal ethics committee", for Part 4, see section 36 .

"animal welfare direction", see section 92 .

"animal welfare offence", for Part 4, see section 36 .

"approved form "means a form approved under section  13 .

"authorised officer" means a person appointed as an authorised officer under section  15 .

"cage "includes a pen, kennel, hutch, receptacle or other shelter for an animal.

"CEO "means the Chief Executive Officer.

"CEO guidelines", for Part 4, see section 39 .

"chief investigator", for Part 4, see section 36 .

"code of practice "means a code of practice adopted or prescribed under section  20 .

"commercial premises "means premises:

    (a)     used for, or in connection with, commercial purposes in relation to animals, including their production, processing, sale and transportation; or

    (b)     used for, or in connection with, scientific purposes in relation to animals; or

    (c)     used for purposes mentioned in paragraph (a) and a portion of which are occupied as a place of residence.

"confine", in relation to an animal, means to restrict its freedom of movement, including the following:

    (a)     enclosing it in a cage, pit, yard, field or paddock;

    (b)     physically reducing its ability to move by pinioning or mutilating it;

    (c)     tethering or otherwise restraining it.

"connected with an offence", for Part 5, see section 77 (3).

"corresponding law" means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by the Regulations to be a corresponding law of that jurisdiction for this Act.

"cruelty", in relation to an animal, means any conduct that constitutes an offence against section  24 .

"decision notice", for a decision, means a written notice setting out:

    (a)     the decision and the reasons for it; and

    (b)     any right the person to whom the notice is to be given has, under this or any other Act, to apply for a review of, or to appeal, the decision.

designated person means:

    (a)     the CEO; or

    (b)     an authorised officer; or

    (c)     a person assisting an authorised officer under Part 5 or otherwise acting at the request of an authorised officer; or

    (d)     a veterinarian acting under this Act.

"educational institution", for Part 4, see section 36 .

"executive officer", of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.

"former Act "means the Animal Welfare Act.

"harm" means injury, damage or hurt.

"horse firing" means applying heat, extreme cold, acid or caustic chemicals to the leg of a horse to cause tissue damage and develop scar tissue around the tendons and ligaments of the leg.

"improvement notice", see section 75 (2).

"minimum level of care", for an animal, see section 6 .

"monitoring program", for Part 5, see section 78 (1).

"motor vehicle", see section 3 of the Traffic Act .

"occupier", in relation to premises, means the occupier or person in charge of the premises.

"organised animal fight" means an event in which an animal is encouraged to fight with a person or another animal.

"person entitled", for Part 5, Division 4, see section 93 .

"person in control", in relation to an animal, means any of the following:

    (a)     an owner of the animal;

    (b)     a parent or guardian of a minor who is an owner of the animal;

    (c)     a person who has control of the animal or is supervising another person in possession of the animal;

    (d)     a person in possession of the animal.

"pinioning "means disabling a bird's wing or removing part of a bird's wing but does not include trimming the feathers at the wingtip.

"poison" includes:

    (a)     a Scheduled substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act ; and

    (b)     a substance containing a substance mentioned in paragraph (a); and

    (c)     a substance likely to cause or contribute to an animal suffering.

Example for definition poison , paragraph (c)

Ground glass in food.

"possess", in relation to an animal or thing, includes having custody, care or control of the animal or thing.

"premises "includes:

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

    (b)     a permanent or temporary structure on land; and

    (c)     land, whether or not there is a building on it; and

    (d)     water on land.

"project", for Part 4, see section 36 .

"project approval", for Part 4, see section 36 .

"registered "means registered under Part 4, Division 2.

"research "means to obtain fact or principles for a scientific purpose by:

    (a)     conducting one or more experiments, procedures, tests or studies involving an animal; or

    (b)     subjecting an animal to surgical, medical, psychological, biological, chemical or physical treatment.

"residential premises" means any premises, or part of premises, occupied as a place of residence.

"return or disposal order", in relation to an animal or thing, means any of the following orders:

    (a)     that the CEO return the animal or thing to a person entitled to it;

    (b)     that the CEO sell or dispose of the animal or thing under section 98 or otherwise as the court considers appropriate;

    (c)     that the animal or thing is forfeited to the Territory and that the CEO sell or dispose of the animal or thing under section 98 or otherwise as the court considers appropriate.

"reviewable decision", see section  76 (1).

"scientific purposes", see section  7 .

"scientific use code", see section  8 .

"seizure and management costs", see section  100 .

"sell" includes:

    (a)     barter or exchange; and

    (b)     agree or attempt to sell; and

    (c)     offer, expose, supply or receive for sale; and

    (d)     send, forward or deliver for sale; and

    (e)     cause or permit to be sold.

stock animals includes:

    (a)     cattle, buffaloes, horses, mules, donkeys, sheep, deer, goats, camels, swine, crocodiles and poultry; and

    (b)     any other animals of a class prescribed by regulation.

"suffering" means to feel harm, pain, extreme anxiety or other physical or psychological distress.

"veterinarian "means a registered veterinarian under the Veterinarians Act .

"welfare "means health, safety and well-being.

"youth" means a youth as defined in section 6 of the Youth Justice Act .

Note for section 4

The Interpretation Act contains definitions and other provisions that may be relevant to this Act.



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