Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 11

11 What is an animal

(1) An
"animal" is any of the following—

(a) a live member of a vertebrate animal taxon;

Examples—

• an amphibian

• a bird

• a fish

• a mammal, other than a human being

• a reptile

(b) a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development—

(i) a mammalian or reptilian fetus;

(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;

Examples—

cuttlefish, nautilus, octopi, squid

(e) a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph.

Examples—

crabs, crayfish, lobsters, prawns

(2) However, a human being or human fetus is not an animal.

(3) To remove any doubt, it is declared that the following are not animals—

(a) the eggs, spat or spawn of a fish;

(b) a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ;

(c) another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) .