Victorian Current Acts

PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 3

    (1)     In this Act—

S. 3(1) def. of adverse publicity order inserted by No. 60/2015 s. 4(2).

"adverse publicity order" means an order under section 36K ;

S. 3(1) def. of animal substituted by No. 77/1995 s. 4(1)(b), repealed by No. 65/2007 s. 77(1)(b).

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S. 3(1) def. of animal ethics committee inserted by No. 103/2003 s. 31.

"animal ethics committee" means a committee, the principal function of which is to determine the ethical practices that are to apply to the carrying out of scientific procedures;

S. 3(1) def. of Code of Practice amended by No. 11/2000 s. 4(1).

"Code of Practice" means a Code of Practice made and published and as varied from time to time under section 7;

S. 3(1) def. of Chief General Manager repealed by No. 77/1995 s. 4(1)(c).

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S. 3(1) def. of compliance report inserted by No. 60/2015 s. 4(2).

"compliance report" means a report required to be prepared by or under a licence under Part 3 or regulations made under Part 3 as to compliance by the holder of a licence under Part 3 with all or any of the following—

        (a)     the licence; or

        (b)     Part 3; or

        (c)     regulations made under Part 3;

S. 3(1) def. of control order inserted by No. 60/2015 s. 4(2).

"control order" means an order under section 12;

S. 3(1) def. of Department inserted by No. 77/1995 s. 4(1)(e), amended by Nos 46/1998
s. 7(Sch. 1), 56/2003 s. 11(Sch. item 17.1), 70/2013 s. 4(Sch. 2 item 39.1).

"Department" means the Department of Environment and Primary Industries;

S. 3(1) def. of Department Head inserted by No. 76/1998
s. 27(a)(ii) , amended by No. 108/2004 s. 117(1) (Sch.  3 item 160.1).

"Department Head" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

S. 3(1) def.
of dock inserted by No. 65/2007 s. 77(1)(a).

"dock", in relation to the tail of a dog or a horse, means the amputation, removal or shortening of the tail of the animal, other than the shortening of the tail hairs of the animal;

S. 3(1) def. of farm animal amended by No. 71/2014 s. 3(a).

"farm animal" means—

        (a)     if kept for or used in connection with primary production—cattle, sheep, pigs, poultry, goats and deer; and

        (b)     horses other than horses kept for or used in connection with sporting events, equestrian competitions, pony clubs, riding schools, circuses or rodeos;

S. 3(1) def. of general inspector inserted by No. 65/2007 s. 77(1)(a).

"general inspector" means a person who is a general inspector under section 18;

S. 3(1) def. of identification certificate inserted by No. 60/2015 s. 4(2).

"identification certificate"—

        (a)     in relation to a POCTA inspector, means an identification certificate issued to the inspector under section 19(1); and

        (b)     in relation to an authorised officer, means an identification certificate issued to the officer under section 35(4);

S. 3(1) def. of interstate control order inserted by No. 60/2015 s. 4(2).

"interstate control order" means an interstate order, within the meaning of section 12A, that is registered under section 12A;

S. 3(1) def. of municipality repealed by No. 77/1995 s. 4(1)(c).

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S. 3(1) def. of person in charge of inserted by No. 76/2005 s. 26.

"person in charge of" in relation to an animal or thing, includes—

        (a)     a person who has the animal or thing in the person's possession or custody, or under the person's care, control or supervision; and

        (b)     any employee or agent of the owner of the animal or thing if a person referred to in paragraph (a) is bound to comply with the directions of that employee or agent in respect of the animal or thing;

S. 3(1) def. of POCTA inspector inserted by No. 65/2007 s. 77(1)(a).

"POCTA inspector" means a general inspector or a specialist inspector;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 129.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of premises amended by No. 77/1995 s. 4(1)(d).

"premises" includes—

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

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

        (c)     land, whether or not appurtenant to a building; and

        (ca)     a vehicle, vessel or aircraft; and

        (d)     any other place;

"prescribed" means prescribed by the regulations;

S. 3(1) def. of prohibited procedure inserted by No. 65/2007 s. 77(1)(a), amended by Nos 65/2007 s. 77(2), 60/2015 s. 4(1).

"prohibited procedure" means any of the following—

        (a)     the procedure of cropping the ears of a dog, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the dog; or

        (b)     the procedure of debarking a dog, unless the procedure is done by a veterinary practitioner and in accordance with the Code of Practice as to the debarking of dogs; or

        (c)     the procedure of docking the tail of a dog or horse, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the dog or horse; or

        (d)     the procedure of grinding, clipping or trimming the teeth of a sheep using an electrical or motorised device, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the sheep; or

        (e)     the procedure of removing the claws of a cat, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the cat; or

        (f)     the procedure of removing the venom sacs of a reptile, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the reptile; or;

        (g)     the procedure of thermocautery or firing of a horse; or

        (h)     the procedure of spaying an animal unless the procedure is done by a veterinary practitioner;

"regulations" means regulations made under this Act;

S. 3(1) def. of rodeo licence inserted by No. 65/2007 s. 77(3).

"rodeo licence" means a licence granted under section 17 ;

S. 3(1) def. of rodeo permit inserted by No. 65/2007 s. 77(3).

"rodeo permit" means a permit issued under section 17B(1);

S. 3(1) def. of rodeo school permit inserted by No. 65/2007 s. 77(3).

"rodeo school permit" means a permit issued under section 17B(2) ;

S. 3(1) def. of scientific premises inserted by No. 103/2003 s. 31.

"scientific premises" means a premises ordinarily used for scientific research, teaching or testing;

S. 3(1) def. of scientific procedure inserted by No. 103/2003 s. 31, amended by No. 71/2014 s. 3(b).

"scientific procedure" means any procedure, test, experiment, inquiry, investigation or study which is carried out on or in connection with an animal in the course of which—

        (a)     an animal is subjected to—

              (i)     surgical, medical, psychological, biological, chemical or physical treatment; or

              (ii)     conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding to which an animal of that species is not accustomed; or

              (iii)     abnormal dietary conditions; or

              (iv)     electric shock or radiation treatment; or

        (b)     any tissue, material or substance is extracted or derived from the body of an animal—

and which is for—

        (c)     the purpose of acquiring, demonstrating or developing knowledge in the field of medical, dental, veterinary, agricultural, behavioural or biological science or in any other field of science; or

        (d)     the purpose of acquiring, demonstrating, exercising or developing techniques used in the practice of medical, dental, veterinary, agricultural, behavioural or biological science or in any other field of science; or

        (e)     the purpose of developing or testing the use, hazards, safety or efficiency of vaccines, substances, drugs, materials or appliances intended for use in, on or in connection with human beings or animals; or

        (f)     any other purpose prescribed for the purposes of this paragraph—

but does not include—

        (g)     the treatment of an animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or

        (h)     the conduct of animal husbandry carried out in accordance with a Code of Practice; or

              (i)     the collection, taking, banding and marking of wildlife within the meaning of and in accordance with the Wildlife Act 1975 ; or

        (j)     any or any type of procedure, test, experiment, inquiry, investigation or study prescribed for the purposes of this paragraph;

S. 3(1) def. of scientific procedures field work licence inserted by No. 103/2003 s. 31, amended by No. 60/2015 s. 4(3).

"scientific procedures field work licence" means a licence granted under section 32A;

S. 3(1) def. of scientific procedures premises licence inserted by No. 103/2003 s. 31, amended by No. 60/2015 s. 4(3).

"scientific procedures premises licence" means a licence granted under section 29;

S. 3(1) def. of Secretary inserted by No. 77/1995 s. 4(1)(e), repealed by No. 76/1998
s. 27(a)(i).

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S. 3(1) def. of spaying inserted by No. 60/2015 s. 4(2).

"spaying" in relation to an animal, means the procedure of surgically interfering with the anatomical integrity of the ovaries, fallopian tubes or uterus of the animal;

S. 3(1) def. of specialist inspector inserted by No. 65/2007 s. 77(1)(a).

"specialist inspector" means a person appointed as a specialist inspector under section 18A;

S. 3(1) def. of specified animals breeding licence inserted by No. 103/2003 s. 31, amended by No. 60/2015 s. 4(3).

"specified animals breeding licence" means a licence granted under section 32E;

S. 3(1) def. of veterinary practitioner inserted by No. 58/1997
s. 96(Sch. item 7.1).

"veterinary practitioner" means a veterinary practitioner registered under the Veterinary Practice Act 1997 ;

S. 3(1) def. of veterinary surgeon repealed by No. 58/1997
s. 96(Sch. item 7.1).

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S. 3(1A) inserted by No. 60/2015 s. 4(4).

    (1A)     In Parts 1, 3, 3AA, 3B and 4—

"authorised officer" means a person appointed to be an authorised officer under section 35.

S. 3(2) inserted by No. 77/1995 s. 4(2), amended by Nos 46/1998
s. 7(Sch. 1), 56/2003 s. 11(Sch. item 17.2), 108/2004 s. 117(1) (Sch.  3 item 160.2), 70/2013 s. 4(Sch. 2 item 39.2).

    (2)     If under the Public Administration Act 2004 the name of the Department of Environment and Primary Industries is changed, a reference to that Department in the definition of Department in subsection (1) must, from the date when the name is changed, be taken to be a reference to the Department by its new name.

S. 3(3) inserted by No. 65/2007 s. 77(4).

    (3)     In this Act, other than Part 3, "animal" means—

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

S. 3(3)(a)(i) amended by No. 60/2015 s. 4(5).

              (i)     fish or amphibian that is capable of self‑feeding; or

              (ii)     reptile, bird or mammal, other than any human being or any reptile, bird or other mammal that is below the normal mid-point of gestation or incubation for the particular class of reptile, bird or mammal; or

        (b)     a live adult decapod crustacean, that is—

              (i)     a lobster; or

              (ii)     a crab; or

              (iii)     a crayfish.