Victorian Current Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1986

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Binding of Crown  
   6.      Application of Act  
   7.      Codes of Practice  

   PART 2--PROTECTION OF ANIMALS

           Division 1--Cruelty

   8.      Definitions  
   9.      Cruelty  
   10.     Aggravated cruelty  
   11.     Defences to cruelty or aggravated cruelty  
   11A.    Further prohibited procedure offences  
   12.     Court orders for disqualification from or conditions on ownership etc. of animal  
   12AA.   Court may authorise seizure and disposal of animal kept in contravention of order  
   12AB.   Orders must not be made in relation to certain persons  
   12AC.   Order may be suspended  
   12AD.   Person subject to order may apply for variation etc.  
   12AE.   Control orders to operate consecutively  
   12AF.   Person must comply with control order  
   12A.    Registration of interstate orders  
   12B.    Governor in Council may declare corresponding law  
   13.     Baiting and luring  
   14.     Trap-shooting  
   15.     Selling traps  
   15AB.   Setting or using traps  
   15A.    Dogs on moving vehicles  
   15B.    Offence under section 15A to be operator onus offence  
   15C.    Breeding of animals with heritable defects  

           Division 2--Rodeos

   16.     Offence to operate rodeos without a licence or permit  
   17.     Grant of rodeo licences  
   17A.    Duration of licences  
   17B.    Issue of rodeo permits and rodeo school permits  
   17C.    Application for a rodeo licence, a rodeo permit or a rodeo school permit  
   17D.    Grounds on which Department Head may refuse to grant or issue licence or permit  
   17E.    Conditions on licences and permits  
   17F.    Variation of licences and permits  
   17G.    Notice of proposal to cancel a rodeo licence or permit or rodeo school licence  
   17H.    Making of submissions on proposal to cancel  
   17I.    Cancellation of a rodeo licence, a rodeo permit or rodeo school permit  

           Division 3--POCTA inspectors

   18.     General inspectors  
   18A.    Specialist inspectors  
   19.     Identification certificates of POCTA inspectors  
   20.     Offence to impersonate etc. POCTA inspectors  
   20A.    Department Head may declare animals at risk due to an emergency  

   PART 2A--ENFORCEMENT

           Division 1--Preliminary

   21.     Definitions  

           Division 1A--Monitoring of persons subject to control orders or interstate control orders

   21A.    Court may authorise monitoring of person when making control order  
   21B.    POCTA inspector may apply for order to monitor compliance with control orders or interstate control orders  
   21C.    Powers to enter premises and monitor compliance with control orders or interstate control orders  

           Division 2--Emergency powers to deal with animals

   22.     Power to seize abandoned animals in public places  
   23.     Emergency powers of entry in relation to animals  
   24.     Emergency power to enter and seize or destroy abandoned, distressed or disabled animals  
   24AA.   Emergency power to enter and seize animals used for fighting, blooding or as a lure or kill  
   24A.    Additional powers that may be exercised on emergency entry  
   24B.    Powers to recover certain costs  
   24C.    Obtaining veterinary treatment  
   24D.    Emergency powers of veterinary practitioners and superintendents of saleyards  

           Division 3--Search for and seizure of animals, warrants and authorisations

   24E.    Notice of intent to seize distressed etc. animals  
   24F.    Seizure of distressed etc. animals after service of notice of intent to seize  
   24FA.   Seizure and disposal of distressed etc. animals without notice of intent to seize  
   24FB.   Notice to seize and dispose of animal  
   24FC.   Actions that may be taken under authorisation under section 24FA  
   24FD.   Method of disposal of animal seized under authorisation under section 24FA  
   24G.    Search warrants for at risk animals on premises  
   24H.    Magistrates' Court may extend period of warrant under section 24G  

           Division 4--Search for and seizure of things

   24I.    Definition  
   24J.    Seizure of things  
   24K.    Search warrants for premises  
   24KA.   Search warrant for premises if non-compliance with section 24ZTA  
   24L.    Additional power of entry for specialist inspectors  

           Division 5--General provisions as to search warrants

   24M.    Provisions as to search warrants  
   24N.    Application of Magistrates' Court Act 1989  
   24O.    Announcement before entry  
   24P.    Details of warrant to be given to occupier  
   24Q.    Seizure of things not mentioned in the warrant and taking of samples  

           Division 6--Duties and powers as to seized animals

   24R.    Duty to take steps to identify owner  
   24S.    Steps to be taken where welfare of animal not at risk  
   24T.    Provision for recovery or disposal of animals that are not at risk  
   24U.    Steps to be taken where welfare of animal is at risk  
   24V.    Power to retain animal for purposes of application under section 24X  
   24W.    Power to dispose of animal at risk not claimed by owner or person in charge  
   24X.    Court orders as to costs and disposal of animals  
   24Y.    Methods of disposal of animals  
   24Z.    Power to destroy diseased or distressed animals  
   24ZAA.  Forfeiture and disposal of animals seized under section 24AA  
   24ZA.   Disposal of animal by sale  
   24ZB.   Costs and proceeds of sold animals  
   24ZC.   Costs and proceeds of destroyed animals  
   24ZD.   Forfeiture of seized animal  

           Division 7--Duties and powers as to seized things (that are not animals)

   24ZE.   Definition  
   24ZF.   Receipt must be given for any thing seized  
   24ZG.   Copies of certain seized things to be given  
   24ZH.   Access to seized things  
   24ZI.   Return of seized thing before commencement of proceedings  
   24ZJ.   Return of seized things  
   24ZK.   Magistrates' Court may extend retention period  
   24ZL.   Dispute as to person entitled to return of seized thing  
   24ZM.   Unclaimed seized thing may be sold or destroyed  
   24ZN.   Forfeiture of seized things  

           Division 8--Samples

   24ZO.   Provisions relating to the taking and keeping of samples  

           Division 9--Further miscellaneous powers, duties and offences

   24ZP.   Notice to comply  
   24ZQ.   Requirement to give information to inspector during entry  
   24ZQA.  Requirement to muster, yard or secure animals  
   24ZR.   Offences as to inspectors  
   24ZS.   Offences as to veterinary practitioners etc.  
   24ZT.   Offence to fail to provide name and address  
   24ZTA.  Requirement to make documents available for inspection  
   24ZU.   POCTA inspectors must identify themselves  
   24ZV.   Protection against self-incrimination  
   24ZW.   Power to file charges  
   24ZX.   Conduct of proceedings  
   24ZY.   Court to take judicial notice  

   PART 3--SCIENTIFIC PROCEDURES

           Division 1--Preliminary

   25.     Definitions  

           Division 2--Offences

   26.     Offences relating to scientific procedures carried out at scientific premises  
   27.     Offences relating to scientific procedures carried out outside scientific premises  
   28.     Offences relating to breeding of specified animals for use in scientific procedures  

           Division 3--Scientific procedures premises licences

   29.     Grant of a scientific procedures premises licence  
   29A.    Considerations for grant of scientific procedures premises licence  
   30.     Application for a scientific procedures licence  
   31.     Duration of scientific procedures premises licences  
   32.     Conditions on scientific procedures premises licences  

           Division 4--Scientific procedures field work licences

   32A.    Grant of a scientific procedures field work licence  
   32AB.   Considerations for grant of scientific procedures field work licence  
   32B.    Application for a scientific procedures field work licence  
   32C.    Duration of scientific procedures field work licences  
   32D.    Conditions on scientific procedures field work licences  

           Division 5--Specified animals breeding licences

   32E.    Grant of a specified animals breeding licence  
   32EA.   Considerations for grant of specified animals breeding licence  
   32F.    Application for a specified animals breeding licence  
   32G.    Duration of specified animals breeding licence  
   32H.    Conditions on specified animals breeding licence  

           Division 6--General licensing provisions

   32I.    Power of Department Head to renew licences  
   32IA.   Considerations for renewal of licence  
   32J.    Application to renew a licence  
   32K.    Power of the Department Head to vary licences  
   32L.    Variation of licence on the motion of the Department Head  
   32LA.   Considerations for variation of a licence on the motion of the Department Head  
   32M.    Application to vary a licence  
   32N.    Suspension of licence and notice of proposal to cancel  
   32O.    Making of submissions on suspension  
   32P.    Power of the Department Head to cancel a licence  
   32Q.    Notice of Department Head's decision  
   32R.    Coming into effect of cancellation  

           Division 7--Miscellaneous

   33.     Review by Victorian Civil and Administrative Tribunal  
   34.     Peer Review Committees  
   35A.    Offences as to authorised officers  
   36.     Offences  

   PART 3AA--ENFORCEMENT FOR PART 3

   36A.    Entry to monitor compliance  
   36B.    Application for search warrant  
   36C.    Search warrant  
   36D.    Seizure and samples of things not mentioned in the warrant  
   36E.    Requirements for search warrants  
   36F.    Requirements for seizure of things and taking samples  
   36G.    Notice to comply  
   36H.    Notice as to treatment, destruction etc. of animal  
   36I.    Commencement of proceeding not prevented  
   36J.    Department Head may take action where notice not complied with  
   36K.    Court may make adverse publicity order  
   36L.    Action Department Head may take on finding of contempt  
   36M.    Department Head may give notice of intent to act on failure to comply with order  
   36N.    Action to be taken if response to notice not satisfactory  
   36O.    Action for contempt  
   36P.    Recovery of costs  
   36Q.    Requirement to give information to authorised officer during entry  
   36R.    Protection against self-incrimination  
   36S.    Power to file charges  
   36T.    Power to prepare compliance report  
   36U.    Imposing fees for compliance reports  
   36V.    Payment of fee  

   PART 3A--INFRINGEMENT NOTICES

   37A.    Power to serve a notice  
   37B.    Form of notice  

   PART 3B--ANIMALS IN RESEARCH AND TEACHING WELFARE FUND

   37C.    Animals in Research and Teaching Welfare Fund  
   37D.    Payments into the Fund  
   37E.    Investment of money in the Fund  
   37F.    Payment of money out of the Fund  

   PART 4--MISCELLANEOUS

   38.     Delegation  
   39.     Evidence  
   40.     Neglect to prosecute  
   41.     Liability for offences  
   41AA.   Offences by bodies corporate  
   41AB.   Conduct by officers, employees or agents  
   41AC.   Time for charging certain offences under this Act  
   41A.    Council employees etc. not subject to offence for giving information  
   42.     Regulations  

   PART 5--TRANSITIONALS

   43.     Prevention of Cruelty to Animals (Amendment) Act 2000  
   44.     Primary Industries and Food Legislation Amendment Act 2012  
   45.     Prevention of Cruelty to Animals Amendment Act 2015—Transitional provisions  
   46.     Primary Industries Legislation Amendment Act 2016—Transitional provisions  
           SCHEDULE
           ENDNOTES