Animal Care and Protection Act 2001


Queensland Crest
Animal Care and Protection Act 2001
Queensland Animal Care and Protection Act 2001 Current as at 1 November 2013
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Animal Care and Protection Act 2001 Contents Chapter 1 Part 1 1 2 Part 2 Division 1 3 4 Division 2 5 6 6A 7 8 9 Part 3 Division 1 10 Division 2 11 12 Chapter 2 13 14 15 16 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Purposes and application of Act Purposes Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 How purposes are to be primarily achieved . . . . . . . . . . . . . . . . . 12 Application Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Application of Act to State for protected or wild animals . . . . . . . 13 Relationship with Nature Conservation Act 1992 . . . . . . . . . . . . . 14 Relationship with certain other Acts . . . . . . . . . . . . . . . . . . . . . . . 14 Relationship with native title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 15 Interpretation Dictionary Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Key definitions What is an animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Meaning of a person in charge of an animal . . . . . . . . . . . . . . . . 17 Codes of practice Making codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Tabling and inspection of documents adopted in codes of practice ....................................... 18 Regulation may require compliance with code of practice . . . . . . 19 Use of code of practice in proceeding . . . . . . . . . . . . . . . . . . . . . 20
Animal Care and Protection Act 2001 Contents Chapter 3 Part 1 17 Part 2 18 19 Part 3 Division 1 20 Division 2 21 22 Part 4 Division 1 23 24 25 Division 2 26 27 Division 3 28 29 Part 5 Division 1 30 31 32 33 Division 2 34 35 Division 3 36 General animal offences Breach of duty of care Breach of duty of care prohibited . . . . . . . . . . . . . . . . . . . . . . . . . Cruelty offences Animal cruelty prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unreasonable abandonment or release . . . . . . . . . . . . . . . . . . . . Prohibited events Preliminary Meaning of prohibited event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibitions Participation in prohibited event . . . . . . . . . . . . . . . . . . . . . . . . . . Presence at prohibited event . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulated surgical procedures Regulated procedures for dogs Cropping dog’s ear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Docking dog’s tail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Debarking operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulated procedures for other animals Removal of cat’s claw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Docking tail of cattle or horse . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on supplying animals that have undergone a regulated surgical procedure Restriction on supplying debarked dog . . . . . . . . . . . . . . . . . . . . Other restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other prohibited and regulated conduct Other offences relating to dogs Causing captive animal to be injured or killed by dog . . . . . . . . . Releasing animal for injury or killing by dog . . . . . . . . . . . . . . . . . Keeping or using kill or lure for blooding or coursing . . . . . . . . . . Obligation to exercise closely confined dogs . . . . . . . . . . . . . . . . Possession or use of certain traps or spurs Possession of prohibited trap or spur unlawful . . . . . . . . . . . . . . . Use of prohibited trap or spur unlawful. . . . . . . . . . . . . . . . . . . . . Baits or harmful substances Prohibitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 21 22 23 24 25 25 26 26 28 28 29 29 30 30 30 31 31 32 32 Page 2
Animal Care and Protection Act 2001 Contents Division 4 37 Part 6 Division 1 38 Division 2 39 40 Division 3 41 41A 42 43 44 45 46 47 Chapter 4 Part 1 48 49 50 Part 2 Division 1 51 Division 2 Subdivision 1 52 53 Subdivision 2 54 55 56 Subdivision 3 57 Allowing animal to injure or kill another animal Unlawfully allowing an animal to injure or kill another animal. . . . Exemptions Preliminary Operation of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with relevant code Offences excluded from div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with relevant code of practice or scientific use code Other offence exemptions Limits on application of offence exemptions under div 3 . . . . . . . Killing an animal under Aboriginal tradition, Island custom or native title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Feral or pest animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animals used to feed another animal . . . . . . . . . . . . . . . . . . . . . . Fishing using certain live bait . . . . . . . . . . . . . . . . . . . . . . . . . . . . Slaughter under religious faith . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of fishing apparatus under shark fishing contract . . . . . . . . . Supplying animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Using animals for scientific purposes Preliminary When an animal is used for scientific purposes . . . . . . . . . . . . . . What is the scientific use code . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration of scientific users Who must obtain registration Requirement for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obtaining registration Registration applications Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive may seek further documents or information . . . . Deciding registration application Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action after decision on registration application Grant of registration application . . . . . . . . . . . . . . . . . . . . . . . . . . 33 34 35 35 36 36 37 38 39 39 39 40 40 41 42 43 44 44 45 45 46 46 Page 3
Animal Care and Protection Act 2001 Contents 58 59 Division 3 Subdivision 1 60 61 62 63 Subdivision 2 64 65 66 67 68 69 70 Division 4 Subdivision 1 71 72 Subdivision 2 73 Subdivision 3 74 75 76 77 78 Subdivision 4 79 80 Division 5 81 82 83 84 Page 4 Term of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of refusal of registration application . . . . . . . . . . . . . . . . . Register of scientific users The register Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Registration details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False representations about registration . . . . . . . . . . . . . . . . . . . Exemption from disclosure of registration details Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption may be limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of refusal of disclosure exemption application. . . . . . . . . . Effects of disclosure exemption . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment, cancellation or suspension Amendment of registration details Amendments for which proposed action notice not required . . . . Amendments for which proposed action notice is required . . . . . Cancellation or suspension of registration Conditions for cancellation or suspension . . . . . . . . . . . . . . . . . . Procedure for amendment, cancellation or suspension Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of proposed action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Considering representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice and taking of effect of proposed action decision . . . . . . . . Steps after amendment or suspension Replacement of registration certificate . . . . . . . . . . . . . . . . . . . . . Requirement to record suspension . . . . . . . . . . . . . . . . . . . . . . . Investigation of applicants and registered persons Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animal welfare offence reports . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of information in animal welfare offence report . . . . . . . . . . . Notice of use of information in animal welfare offence report. . . . 46 46 47 47 48 48 48 49 49 49 50 50 50 51 52 52 53 53 54 54 55 55 56 56 56 57 57
Animal Care and Protection Act 2001 Contents 85 86 Division 6 87 88 89 90 Part 3 91 92 93 Chapter 5 Part 1 94 Part 2 95 96 97 98 Part 3 Division 1 99 100 101 102 103 Division 2 104 105 106 Part 4 Division 1 107 Division 2 Subdivision 1 108 Confidentiality of animal welfare offence reports . . . . . . . . . . . . . Destruction of animal welfare offence reports . . . . . . . . . . . . . . . Miscellaneous provisions Reporting obligations of registered persons. . . . . . . . . . . . . . . . . Replacement registration certificates . . . . . . . . . . . . . . . . . . . . . . No transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Surrender of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on scientific users Use for scientific purposes must comply with code . . . . . . . . . . . Use for certain scientific purposes unlawful . . . . . . . . . . . . . . . . . Obtaining approval to use for unlawful scientific purpose . . . . . . Code compliance monitoring Preliminary Purposes of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Monitoring programs Chief executive may make monitoring program . . . . . . . . . . . . . . Publication of draft monitoring program . . . . . . . . . . . . . . . . . . . . Comments to be considered before final program made . . . . . . . Final monitoring program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised officers Appointment Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions and limit on powers . . . . . . . . . . . . . . . . When authorised officer ceases to hold office . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of authorised officers General General provisions about powers . . . . . . . . . . . . . . . . . . . . . . . . . Entry powers Entry to places other than vehicles Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 58 59 60 60 60 60 61 62 63 63 64 65 65 65 66 66 67 67 68 68 68 69 69 Page 5
Animal Care and Protection Act 2001 Contents 109 110 Subdivision 2 111 112 Division 3 113 Chapter 6 Part 1 Division 1 114 115 116 117 118 Division 2 119 120 121 Part 2 Division 1 Subdivision 1 122 123 Subdivision 2 124 125 Subdivision 3 126 127 128 129 Division 2 Subdivision 1 130 Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for other entries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry to vehicles Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for entry without consent if person in control or occupier present. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other powers Certain inspectors’ powers apply for entry . . . . . . . . . . . . . . . . . . Investigation and enforcement Inspectors Appointment Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment conditions and limit on powers . . . . . . . . . . . . . . . . When inspector ceases to hold office. . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Identity cards Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of inspectors Entry to places other than vehicles Entry powers Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limited entry power to provide relief to animal . . . . . . . . . . . . . . . Procedure for entry without warrant Procedure for entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for other entries without warrant . . . . . . . . . . . . . . . . . Warrants Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—procedure for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . Entry to vehicles Power to enter vehicles Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 6 70 71 72 72 73 74 75 75 75 76 76 76 77 77 79 79 80 81 81 82 84 85
Animal Care and Protection Act 2001 Contents 131 Subdivision 2 132 133 134 135 Division 3 136 137 138 139 140 141 Division 4 Subdivision 1 142 143 144 145 Subdivision 2 146 147 148 149 Subdivision 3 150 151 152 153 Subdivision 4 154 155 Subdivision 5 156 Procedure for entry without consent if person in control or occupier present. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers to support entry Power to stop vehicle that may be entered. . . . . . . . . . . . . . . . . . Failure to comply with stop signal. . . . . . . . . . . . . . . . . . . . . . . . . Power to require help to enter from person in control. . . . . . . . . . Failure to comply with entry requirement . . . . . . . . . . . . . . . . . . . Powers for entry to all places Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . Failure to comply with help requirement. . . . . . . . . . . . . . . . . . . . Power to require person in control of vehicle to take action . . . . . Failure to comply with action requirement . . . . . . . . . . . . . . . . . . Seizure and forfeiture Powers of seizure General power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . Seizing evidence under warrant . . . . . . . . . . . . . . . . . . . . . . . . . . Seizure for welfare of animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . Powers to support seizure Direction to person in charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to comply with seizure direction . . . . . . . . . . . . . . . . . . . . Powers for seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence to tamper with seized thing . . . . . . . . . . . . . . . . . . . . . . . Safeguards for seized property Information notice and receipt for seized property . . . . . . . . . . . . Access to seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of seized animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of other seized property . . . . . . . . . . . . . . . . . . . . . . . . . . Forfeiture Power to forfeit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information notice about forfeiture . . . . . . . . . . . . . . . . . . . . . . . . Dealing with property forfeited or transferred to State or prescribed entity When transfer takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 86 87 87 88 88 88 89 89 90 90 91 92 92 93 93 93 94 95 95 97 97 98 100 101 102 Page 7
Animal Care and Protection Act 2001 Contents 157 Division 5 158 159 160 161 Division 6 162 Division 7 163 164 165 166 167 168 169 170 Part 3 171 172 173 Chapter 7 Part 1 Division 1 174 175 176 177 Division 2 178 179 180 181 Part 2 182 183 Page 8 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . Animal welfare directions Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to give animal welfare direction . . . . . . . . . . . . . . . . . . . . . Requirements for giving animal welfare direction . . . . . . . . . . . . . Failure to comply with animal welfare direction . . . . . . . . . . . . . . Inspector’s power to destroy animals Power of destruction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other powers Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . Failure to comply with personal details requirement . . . . . . . . . . Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failure to comply with information requirement . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents . . . . . . . . . . . . . . . . . . Failure to comply with document production requirement . . . . . . False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of damage because of exercise of powers Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to give notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence and legal proceedings Evidence General evidentiary aids Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offence proceedings Offences under Act are summary. . . . . . . . . . . . . . . . . . . . . . . . . Statement of complainant’s knowledge . . . . . . . . . . . . . . . . . . . . False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orders relating to animal welfare offences Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 103 103 104 105 106 106 107 107 108 108 109 109 110 110 111 111 112 112 112 112 113 114 114 114 115 116
184 185 186 187 188 Part 3 189 190 191 192 Part 4 Division 1 193 194 195 196 197 198 Division 1A 198A Division 2 199 200 201 202 203 204 205 Chapter 8 Part 1 206 207 208 209 209A Animal Care and Protection Act 2001 Contents Order against owner in certain cases. . . . . . . . . . . . . . . . . . . . . . Criteria for making disposal or prohibition order. . . . . . . . . . . . . . Procedure and powers for making disposal or prohibition order . Contravention of prohibition order unlawful . . . . . . . . . . . . . . . . . Review of certain prohibition orders . . . . . . . . . . . . . . . . . . . . . . . Remedies Recovery of seizure, compliance or destruction costs . . . . . . . . . Compensation because of animal welfare offence . . . . . . . . . . . . Compensation because of exercise of powers . . . . . . . . . . . . . . . General provisions for orders under pt 3 . . . . . . . . . . . . . . . . . . . Reviews and appeals Internal reviews Internal review process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who may apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . Requirements for making application . . . . . . . . . . . . . . . . . . . . . . Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of internal review decision . . . . . . . . . . . . . . . . . . . . . . . . . External reviews by QCAT Who may apply for external review. . . . . . . . . . . . . . . . . . . . . . . . Appeals Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stay of operation of internal review decision . . . . . . . . . . . . . . . . Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court’s powers on appeal—general . . . . . . . . . . . . . . . . . . . . . . . Particular powers about seizure or forfeiture . . . . . . . . . . . . . . . . Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions Other offences Obstruction of authorised officer or inspector. . . . . . . . . . . . . . . . Impersonation of authorised officer or inspector . . . . . . . . . . . . . False or misleading entry in document kept under Act. . . . . . . . . Liability of executive officer—particular offences committed by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Executive officer may be taken to have committed offence . . . . . 116 117 118 118 119 119 120 121 121 122 122 122 123 124 125 125 126 126 126 127 127 127 128 128 129 129 129 131 Page 9
Animal Care and Protection Act 2001 Contents 210 Part 2 211 212 213 214 214A 215 216 217 Chapter 9 218 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Minister may establish advisory bodies . . . . . . . . . . . . . . . . . . . . Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electronic applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electronic notices about applications . . . . . . . . . . . . . . . . . . . . . . Transferring ownership of animal in particular circumstances . . . Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Primary Industries Legislation Amendment Act 2006 Reporting obligation of registered person . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 132 132 133 133 134 134 135 135 137 138 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . 146 146 147 147 148 149 153 Page 10
Animal Care and Protection Act 2001 Chapter 1 Preliminary Part 1 Introduction [s 1] Animal Care and Protection Act 2001 [as amended by all amendments that commenced on or before 1 November 2013] An Act to promote the responsible care and use of animals and to protect animals from cruelty, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Animal Care and Protection Act 2001 . 2 Commencement This Act commences on a day to be fixed by proclamation. Current as at 1 November 2013 Page 11
Animal Care and Protection Act 2001 Chapter 1 Preliminary Part 2 Purposes and application of Act [s 3] Part 2 Purposes and application of Act Division 1 Purposes 3 Purposes of Act 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) achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and (ii) allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; (c) protect animals from unjustifiable, unnecessary or unreasonable pain; (d) ensure the use of animals for scientific purposes is accountable, open and responsible. 4 How purposes are to be primarily achieved The purposes 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; Page 12 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 1 Preliminary Part 2 Purposes and application of Act [s 5] (e) requiring a person using an animal for scientific purposes to comply with the scientific use code; (f) providing for the registration of certain users of animals for scientific purposes; (g) providing for the appointment of authorised officers to monitor compliance with compulsory code requirements and the scientific use code; (h) providing for the appointment of inspectors to investigate and enforce this Act; (i) allowing the Minister to establish an animal welfare advisory committee or another body to advise the Minister on animal welfare issues. Division 2 Application 5 Act binds all persons (1) Subject to sections 6 to 7, this Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act. 6 Application of Act to State for protected or wild animals This Act does not apply to the State for an animal only because it is— (a) a protected animal or an animal in the wild under the Nature Conservation Act 1992 ; and (b) the property of the State under that Act, another Act or the common law. Editor’s note See the Nature Conservation Act 1992 , section 83 (Property in protected animals). Current as at 1 November 2013 Page 13
Animal Care and Protection Act 2001 Chapter 1 Preliminary Part 2 Purposes and application of Act [s 6A] 6A Relationship with Nature Conservation Act 1992 (1) This Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2). (2) This Act applies to an act done, or omission made, by a person for the purposes of either of the following if authorised under the Nature Conservation Act 1992 (a) taking, keeping or using an animal to exercise Aboriginal tradition or Island custom; (b) using an animal for a scientific purpose. (3) A person does not commit an offence under this Act only because the person does an act or makes an omission that— (a) is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2); and (b) would, apart from this subsection, constitute an offence under this Act. 7 Relationship with certain other Acts (1) This Act does not affect the application of— (a) the Fisheries Act 1994 ; or (b) the Racing Act 2002 . (2) A person who lawfully does an act, or makes an omission, authorised under an Act mentioned in subsection (1) that would, apart from this subsection, constitute an offence under this Act, is taken not to commit the offence by reason only of doing the act or making the omission. (3) However, subsection (2) does not apply if the act is the use of an animal for a scientific purpose. Page 14 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 1 Preliminary Part 3 Interpretation [s 8] 8 Relationship with native title A person does not avoid liability to be prosecuted for an offence under this Act only because the act or omission that constitutes the offence happens in the exercise or enjoyment of native title rights and interests. 9 Act does not affect other rights or remedies (1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (3) In addition, a breach of the duty of care imposed under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. (4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law. Part 3 Interpretation Division 1 Dictionary 10 Definitions The dictionary in the schedule defines particular words used in this Act. Current as at 1 November 2013 Page 15
Animal Care and Protection Act 2001 Chapter 1 Preliminary Part 3 Interpretation [s 11] Division 2 Key definitions 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 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. Examples of creatures of the class Cephalopoda octopi squid Examples of creatures of the class Malacostraca crabs crayfish lobsters prawns (2) However, a human being or human foetus is not an animal. Page 16 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 2 Codes of practice [s 12] (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). 12 Meaning of a person in charge of an animal (1) A person is a person in charge of an animal if the person— (a) owns or has a lease, licence or other proprietary interest in the animal; or (b) has the custody of the animal; or (c) is employing or has engaged someone else who has the custody of the animal and the custody is within the scope of the employment or engagement. (2) Despite subsection (1)(a), a person who holds a mortgage or other security interest in an animal only becomes a person in charge of the animal if the person takes a step to enforce the mortgage or other security. Chapter 2 Codes of practice 13 Making codes of practice (1) A regulation may make codes of practice about animal welfare. Editor’s note See the Statutory Instruments Act 1992 , section 23 (Statutory instrument may make provision by applying another document) for the power by regulation to make provision for a matter, including, for example, a code of practice, by reference to another document. Current as at 1 November 2013 Page 17
Animal Care and Protection Act 2001 Chapter 2 Codes of practice [s 14] (2) Without limiting subsection (1), a code of practice may be made about any of the following— (a) the care and handling of animals; (b) the use of animals— (i) as companions; or (ii) for commercial, entertainment, recreational, scientific or other purposes; or (iii) in any of the following— aquaria boarding kennels pet shops theme parks zoos; (c) the performance of medical or surgical procedures on animals; (d) the use of electric devices on animals; (e) the transportation of livestock and other animals; (f) animal slaughtering establishments and the preparation or treatment of animals for human consumption; (g) the snaring or trapping of animals; (h) the control of animals that, under section 42, are feral or pest animals; (i) aquaculture or livestock production. 14 Tabling and inspection of documents adopted in codes of practice (1) This section applies if— (a) a regulation that makes a code of practice adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions ); and Page 18 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 2 Codes of practice [s 15] (b) the adopted provisions are not part of, or attached to, the regulation. (2) The Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly. (3) If the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly. (4) The chief executive must keep a copy of the adopted provisions, as in force from time to time, open for inspection, free of charge, by members of the public during office hours on business days at— (a) the department’s head office; and (b) other places the chief executive considers appropriate. (5) A failure to comply with this section does not invalidate or otherwise affect the regulation. 15 Regulation may require compliance with code of practice (1) A regulation may require a person to comply with the whole or a stated part of a code of practice. (2) A requirement under subsection (1) is called a compulsory code requirement . (3) A person to whom a compulsory code requirement applies must comply with the requirement. Maximum penalty for subsection (3)—300 penalty units. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. Current as at 1 November 2013 Page 19
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 1 Breach of duty of care [s 16] 16 Use of code of practice in proceeding A code of practice is admissible in evidence in a proceeding for an offence against this Act if it is relevant to the act or omission to which the proceeding relates. Chapter 3 General animal offences Part 1 Breach of duty of care 17 Breach of duty of care prohibited (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 1 year’s imprisonment. Note This provision is an executive liability provision—see section 209. Editor’s note See also section 9 (Act does not affect other rights or remedies). (3) For subsection (2), a person breaches the duty only if the person does not take reasonable steps to— (a) provide the animal’s needs for the following in a way that is appropriate— (i) food and water; (ii) accommodation or living conditions for the animal; (iii) to display normal patterns of behaviour; (iv) the treatment of disease or injury; or Page 20 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 2 Cruelty offences [s 18] (b) ensure any handling of the animal by the person, or caused by the person, is appropriate. (4) In deciding what is appropriate, 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. Examples of things that may be a circumstance for subsection (4)(b) a bushfire or another natural disaster a flood or another climatic condition Part 2 Cruelty offences 18 Animal cruelty prohibited (1) A person must not be cruel to an animal. Maximum penalty—2000 penalty units or 3 years imprisonment. Note This provision is an executive liability provision—see section 209. (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; Current as at 1 November 2013 Page 21
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 2 Cruelty offences [s 19] (e) uses on the animal an electrical device prescribed under a regulation; (f) confines or transports it— (i) without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or (ii) when it is unfit for the confinement or transport; or (iii) in a way that is inappropriate for the animal’s welfare; or Examples for subparagraph (iii) placing the animal, during the confinement or transport, with too few or too many other animals or with a species of animal with which it is incompatible not providing the animal with appropriate spells (iv) in an unsuitable container or vehicle; (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. 19 Unreasonable abandonment or release (1) A person in charge of an animal must not abandon or release an animal unless the person has a reasonable excuse or the abandonment or release is authorised by law. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note Page 22 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 3 Prohibited events [s 20] If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. (2) A person must not, unless the person has a reasonable excuse, release an animal from the custody of the person in charge of it. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. (3) In this section— abandon , an animal, includes leaving it for an unreasonable period. Part 3 Prohibited events Division 1 Preliminary 20 Meaning of prohibited event (1) A prohibited event means any of the following events— (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) coursing or another event in which an animal is released from captivity to be hunted, injured or killed by another animal; Current as at 1 November 2013 Page 23
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 3 Prohibited events [s 21] (d) an event in which an animal is released from captivity to be hunted, or shot at by, a person without an appropriate acclimatisation period between the release and the hunting to reduce stress to the animal; (e) 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. Example of causing an animal pain for paragraph (e) someone does, or attempts to, catch, fight or throw the animal (2) However, conducting a rodeo is not a prohibited event merely because of action taken in the rodeo to protect a competitor or other person from an animal being used in the rodeo. Example for subsection (2) using a ‘rodeo clown’ to distract an animal being used in the rodeo from a competitor or other person Division 2 Prohibitions 21 Participation in prohibited event (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 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. Page 24 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 4 Regulated surgical procedures [s 22] (2) In this section— organise a prohibited event includes taking part in organising the event. 22 Presence at prohibited event A person must not be present at a prohibited event unless the person has a reasonable excuse. Maximum penalty—150 penalty units or 1 year’s imprisonment. Part 4 Regulated surgical procedures Division 1 Regulated procedures for dogs 23 Cropping dog’s ear (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 unless the surgeon reasonably considers the cropping is in the interests of the dog’s welfare. 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. Current as at 1 November 2013 Page 25
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 4 Regulated surgical procedures [s 24] 24 Docking dog’s tail (1) A person, other than a veterinary surgeon, must not dock a dog’s tail unless the docking is done in a way prescribed under a regulation. Maximum penalty—100 penalty units. (2) A veterinary surgeon must not dock a dog’s tail unless— (a) the surgeon reasonably considers the docking is in the interests of the dog’s welfare; or (b) the docking is done in a way prescribed under a regulation. Maximum penalty—100 penalty units. 25 Debarking operations (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 1 year’s imprisonment. (2) A veterinary surgeon must not perform a debarking operation on a dog unless the surgeon— (a) reasonably considers the operation is in the interests of the dog’s welfare; or (b) has been given a relevant nuisance abatement notice and the surgeon reasonably considers 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 the only way to stop the dog’s barking from being a nuisance, without destroying the dog, is to perform the operation. Maximum penalty—300 penalty units or 1 year’s imprisonment. Page 26 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 4 Regulated surgical procedures [s 25] (3) For subsection (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 each of the following— (a) that, in the opinion of each owner, the dog’s barking is a nuisance; (b) attempts have 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 subsection (2)(c); (d) that each attempt has been unsuccessful. Example of an attempt behavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert (4) In this section— bark includes cry, howl and yelp. nuisance , for barking, means interference with the reasonable comfort, peace or privacy of anyone. relevant nuisance abatement notice means the original, or a copy, of a notice as follows relating to the dog— (a) a nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice ); (b) a notice, however called, under a local law if the notice— (i) complies, or substantially complies, with the requirements for an EPA notice; or Current as at 1 November 2013 Page 27
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 4 Regulated surgical procedures [s 26] (ii) has the same, or substantially the same, purpose as an EPA notice. Division 2 Regulated procedures for other animals 26 Removal of cat’s claw (1) A person, other than a veterinary surgeon, must not remove a cat’s claw. Maximum penalty—300 penalty units or 1 year’s imprisonment. (2) A veterinary surgeon must not remove a cat’s claw unless the surgeon reasonably considers the removal is in the interests of the cat’s welfare. Maximum penalty—300 penalty units or 1 year’s imprisonment. 27 Docking tail of cattle or horse (1) This section applies for an animal as follows— (a) cattle; (b) a horse. (2) A person, other than a veterinary surgeon, must not dock the animal’s tail. Maximum penalty—300 penalty units or 1 year’s imprisonment. (3) A veterinary surgeon must not dock the animal’s tail unless the surgeon reasonably considers the docking is in the interests of the animal’s welfare. Maximum penalty for subsection (3)—300 penalty units or 1 year’s imprisonment. Page 28 Current as at 1 November 2013
Division 3 Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 4 Regulated surgical procedures [s 28] Restriction on supplying animals that have undergone a regulated surgical procedure 28 Restriction on supplying debarked dog A person (the supplier ) must not supply someone else a dog that the supplier knows has had a debarking operation performed on it unless the supplier has given the other person a signed veterinary surgeon’s certificate stating the operation was performed under section 25. Maximum penalty—150 penalty units or 1 year’s imprisonment. 29 Other restrictions A person (the supplier ) must not supply someone else an animal as follows unless the supplier has given the other person a signed veterinary surgeon’s certificate stating the procedure was performed in the interests of the animal’s welfare— (a) a dog that has had part of an ear removed to make the ear stand erect; Editor’s note See section 23 (Cropping dog’s ear). (b) a cat with a claw removed from it; (c) a horse that has had its tail docked. Maximum penalty—150 penalty units or 1 year’s imprisonment. Current as at 1 November 2013 Page 29
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 5 Other prohibited and regulated conduct [s 30] Part 5 Other prohibited and regulated conduct Division 1 Other offences relating to dogs 30 Causing captive animal to be injured or killed by dog A person must not knowingly cause an animal in captivity to be injured or killed by a dog. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. 31 Releasing animal for injury or killing by dog 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 took reasonable steps to prevent the injury or killing. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. 32 Keeping or using kill or lure for blooding or coursing A person must not keep or use an animal as a kill or lure— (a) for blooding a dog; or Page 30 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 5 Other prohibited and regulated conduct [s 33] (b) to race or train a coursing dog. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. 33 Obligation to exercise closely confined dogs (1) A person in charge of a dog that is closely confined for a continuous period of 24 hours must, unless the person has a reasonable excuse, 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) In deciding whether a dog is closely confined for subsection (1), regard must be had to the dog’s age, physical condition and size. Division 2 Possession or use of certain traps or spurs 34 Possession of prohibited trap or spur unlawful (1) A person must not possess any of the following (a prohibited trap or spur ) unless the person has a reasonable excuse— (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. Current as at 1 November 2013 Page 31
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 5 Other prohibited and regulated conduct [s 35] (2) It is a reasonable excuse 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 part of a collection. (3) In this section— spur includes any device similar to a spur. 35 Use of prohibited trap or spur unlawful A person must not use a prohibited trap or spur as a trap or spur. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. Division 3 Baits or harmful substances 36 Prohibitions (1) A person, other than the following, 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— (a) an inspector; (b) a prescribed entity; (c) a veterinary surgeon. Maximum penalty—300 penalty units or 1 year’s imprisonment. Page 32 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 5 Other prohibited and regulated conduct [s 37] Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. (2) 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 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. (3) In this section— lay includes deposit, distribute, leave and throw. Division 4 Allowing animal to injure or kill another animal 37 Unlawfully allowing an animal to injure or kill another animal (1) 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 1 year’s imprisonment. Note If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 209A, to have also committed the offence. (2) The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens— Current as at 1 November 2013 Page 33
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 6 Exemptions [s 38] (a) the first animal was under the person’s immediate supervision; and Example of immediate supervision for paragraph (a) The first animal is within the person’s sight. (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. Examples of reasonable steps for subparagraph (iii) 1 If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. 2 If the first animal is a cat, caging the cat while the second animal is vulnerable to it. Part 6 Exemptions Division 1 Preliminary 38 Operation of pt 6 (1) Sections 40 and 41A to 47 each provide an exemption (an offence exemption ) to the offences created under this chapter for a proceeding against a person for the offence. (2) If an offence exemption applies to a particular act or omission, the person does not commit the offence that would otherwise be committed by the act or omission. (3) The Justices Act 1886 , section 76, applies to each exemption. Page 34 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 6 Exemptions [s 39] (4) This part does not limit another provision of this Act that creates an exemption to which the Justices Act 1886 , section 76, applies. Division 2 Compliance with relevant code 39 Offences excluded from div 2 This division does not apply to an offence— (a) against section 15; or (b) to which division 3 applies. 40 Compliance with relevant code of practice or scientific use code (1) It is an offence exemption for an offence if— (a) for an offence constituted by doing an act— (i) a code of practice or the scientific use code states requirements for how the act may be carried out; and (ii) the requirements, to the extent they are relevant to the act, have been complied with; or (b) for an offence constituted by making an omission— (i) a code of practice or the scientific use code states circumstances in which the omission may be made; and (ii) the stated circumstances for making the omission have happened. (2) However, if the provisions of the code about how an act may be done or the circumstances in which the omission may be made are incomplete, it is only an offence exemption if, in doing the act or making the omission, the defendant complied Current as at 1 November 2013 Page 35
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 6 Exemptions [s 41] with any duty of care the defendant owed to each animal to which the act or omission relates. Division 3 Other offence exemptions 41 Limits on application of offence exemptions under div 3 (1) This section applies if— (a) an offence exemption under this division would, other than for this section, apply for an offence; and (b) a code of practice states requirements for how the act that constitutes the offence may be carried out. (2) The offence exemption only applies if the provisions of the code, to the extent they are relevant to the act, have been complied with. (3) Also, if the provisions of the code about how an act may be done are incomplete, it is only an offence exemption if, in doing the act, the defendant complied with any duty of care the defendant owed to each animal to which the act relates. 41A Killing an animal under Aboriginal tradition, Island custom or native title (1) This section applies for an offence if the act that constitutes the offence— (a) involves the killing of an animal; and (b) is done— (i) in the exercise of native title rights and interests; or (ii) under the authority of another law of the State or the Commonwealth to take the animal to exercise Aboriginal tradition or Island custom; or Page 36 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 6 Exemptions [s 42] (iii) under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61; or (iv) under the Aurukun and Mornington Shire Leases Act 1978 , section 26. Example hunting and killing an animal for personal consumption (2) It is an offence exemption for the offence if the act is done in a way that causes the animal as little pain as is reasonable. (3) For subsection (2), the following acts or omissions are taken not to cause the animal as little pain as is reasonable— (a) injuring the animal to stop it escaping after it has been caught; (b) injuring the animal or prolonging its life to attract another animal; (c) taking flesh from the animal for human consumption before the animal is dead; (d) doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation. (4) In this section— take , under the authority of another law, includes take, keep or use under the authority of the Nature Conservation Act 1992 . 42 Feral or pest animals (1) This section applies for an offence if the act that constitutes the offence is— (a) an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and (b) the act does not involve the use of a prohibited trap or spur. (2) It is an offence exemption for the offence— Current as at 1 November 2013 Page 37
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 6 Exemptions [s 43] (a) if the act is done in a way that causes the animal as little pain as is reasonable; and (b) the control complies with any conditions prescribed under a regulation. (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. Examples of classes of animals that usually live in a domestic state buffalo, cats, dogs, donkeys, goats, horses and pigs pest animal means any of the following— (a) a non-indigenous animal generally regarded as being a pest; Examples black rats, brown rats and cane toads (b) noxious fisheries resources under the Fisheries Act 1994 ; (c) an animal declared under a regulation made under this or another Act to be a pest; (d) an animal required to be controlled under an Act; (e) an animal the subject of a measure or program to control disease under the Fisheries Act 1994 , Stock Act 1915 , Exotic Diseases in Animals Act 1981 or another Act. 43 Animals used to feed another animal It is an offence exemption for an offence for a person if— (a) the act that constitutes the offence involves 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 Page 38 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 3 General animal offences Part 6 Exemptions [s 44] (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. 44 Fishing using certain live bait It is an offence exemption for an offence if— (a) the act that constitutes the offence involves the use of a live creature as follows for bait or as a lure to take, or attempt to take, fish— (i) a fish; (ii) an invertebrate of a species from the class Cephalopoda or Malacostraca; and (b) the fishing or attempted fishing complies with any conditions prescribed under a regulation. 45 Slaughter under religious faith It is an offence exemption for an offence if— (a) the act that constitutes the offence involves the slaughter, under a religious faith, of an animal; and (b) the slaughtered animal is to be used for human food; and (c) the person doing the slaughtering follows the religious faith. 46 Use of fishing apparatus under shark fishing contract It is an offence exemption for an offence if— (a) the act that constitutes the offence is the use of fishing apparatus under the Fisheries Act 1994 ; and (b) the use is— (i) to protect persons from attack by sharks; and Current as at 1 November 2013 Page 39
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 1 Preliminary [s 47] (ii) carried out under an agreement between any person and the State for the disposal, tagging or taking of sharks. 47 Supplying animal It is an offence exemption for an offence if— (a) the act that constitutes the offence is supplying an animal; and Editor’s note See part 4, division 3 (Restriction on supplying animals that have undergone a regulated surgical procedure). (b) the supply is— (i) by or for a prescribed entity; or (ii) by an inspector for the State. Chapter 4 Using animals for scientific purposes Part 1 Preliminary 48 When an animal is used for scientific purposes (1) An animal is used for scientific purposes if it is used— (a) in an activity performed to acquire, demonstrate or develop knowledge or a technique in a scientific discipline; or Examples of an activity for paragraph (a) diagnosis environmental studies Page 40 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 1 Preliminary [s 49] field trials producing biological products product testing research teaching (b) in connection with an activity mentioned in paragraph (a). (2) However, despite subsection (1), banding a bird or tagging a fish is not use of the bird or fish for scientific purposes. (3) The use of an animal for scientific purposes also includes using any of the remains of an animal that was killed for the purpose of carrying out an activity mentioned in subsection (1). 49 What is the scientific use code (1) The scientific use code means the most recent edition or revision of the ‘Australian Code of Practice for the Care and Use of Animals for Scientific Purposes’, published by or for the National Health and Medical Research Council. (2) The chief executive must keep a copy of the most recent edition or revision of the code as in force from time to time, open for inspection, free of charge, by members of the public during office hours on business days at— (a) the department’s head office; and (b) other places the chief executive considers appropriate. (3) If a new edition or revision of the code is published, the Minister must, within 14 sitting days after publication, table a copy of the edition or revision in the Legislative Assembly. Current as at 1 November 2013 Page 41
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 1 Preliminary [s 50] (4) In this section— published includes publication on the internet website of the National Health and Medical Research Council. 50 Definitions for ch 4 In this chapter— animal ethics committee means an animal ethics committee formed under the scientific use code. conviction , for an animal welfare offence, means a conviction, other than a spent conviction, for— (a) an animal welfare offence; or (b) an offence against a law of the Commonwealth or another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an animal welfare offence; or (c) an offence committed anywhere in Australia before this part commenced that, apart from the non-commencement of this part, would have been an offence mentioned in paragraph (a) or (b). disqualifying event means— (a) a conviction for an animal welfare offence; or (b) the cancellation or suspension, under part 2, division 4, subdivision 2, of registration; or (c) the cancellation or suspension, under a law of another State or the Commonwealth, of an authority, instrument, licence permit or registration, however called, that is the same as, or similar to, registration under this chapter. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and Page 42 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 51] (b) that is not revived as prescribed by section 11 of that Act. Part 2 Registration of scientific users Division 1 Who must obtain registration 51 Requirement for registration (1) A person must not use an animal for a scientific purpose, or allow an animal to be used for a scientific purpose unless the person is— (a) registered; or (b) an individual retained by a registered person acting in the course of the individual’s retainer; or (c) a student at a college, institute, school, university or other institution that is registered and acting in the course of the person’s studies with the institution. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note This provision is an executive liability provision—see section 209. (2) In this section— retained means employed or engaged, whether or not for remuneration. Current as at 1 November 2013 Page 43
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 52] Division 2 Obtaining registration Subdivision 1 Registration applications 52 Applying for registration (1) A person may apply to the chief executive for, or to renew, registration (a registration application ). (2) A registration application must— (a) be made in the approved form; and (b) state each of the following— (i) the applicant’s name and address; (ii) the name of each animal ethics committee proposed for the applicant; (iii) terms of reference for each committee; (iv) if the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and (c) be supported by enough other information to enable the chief executive to decide the application; and (d) be accompanied by the prescribed fee. 53 Chief executive may seek further documents or information (1) The chief executive may, after a registration application has been made, by notice, require the applicant to give the chief executive a stated document or information that is relevant to the application. (2) The notice may require the applicant to verify the correctness of the document or information by statutory declaration. Page 44 Current as at 1 November 2013
Subdivision 2 Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 54] Deciding registration application 54 Deciding application The chief executive must consider and either grant or refuse each registration application within 28 days after the last of the following events to happen— (a) the making of the application; (b) the chief executive’s receipt of all necessary information to decide the application; (c) if, under section 53, the chief executive has required the applicant to give a document or information—the giving of the required document or information. 55 Criteria for decision (1) The chief executive must not grant a registration application unless the chief executive is satisfied the applicant and each animal ethics committee proposed for the applicant is likely, if the applicant is registered, to comply with the scientific use code. (2) In considering the application, the chief executive must consider— (a) whether a disqualifying event has happened in relation to the applicant or any proposed member of an animal ethics committee for the applicant; and (b) if the applicant is a corporation, whether a disqualifying event has happened in relation to— (i) any of its executive officers; or (ii) another corporation of which any of its executive officers is, or has been, an executive officer; and (c) another matter prescribed under a regulation. (3) Subsections (1) and (2) do not limit the matters the chief executive may consider. Current as at 1 November 2013 Page 45
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 56] 56 Registration conditions The chief executive may, in granting a registration application, impose conditions on the registration that are relevant and reasonable ( registration conditions ). Subdivision 3 Action after decision on registration application 57 Grant of registration application If a registration application is granted, the chief executive must as soon as practicable— (a) comply with section 61 in relation to the applicant; and (b) give the applicant a signed registration certificate in the approved form. 58 Term of registration (1) Registration is for a term that ends on the third anniversary of the day the registration certificate for the registration was signed. (2) The giving of a replacement registration certificate under section 79 or 88 does not affect or extend the term. 59 Notice of refusal of registration application The chief executive must, as soon as practicable after making a decision as follows about a registration application, give the applicant an information notice about the decision— (a) a decision to refuse the application; (b) a decision to impose a registration condition. Page 46 Current as at 1 November 2013
Division 3 Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 60] Register of scientific users Subdivision 1 The register 60 Register (1) The chief executive must keep a register of persons registered to use animals for scientific purposes. (2) The chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form. 61 Registration details (1) The register must state the following for each registered person— (a) the person’s name, address and registered number; (b) each of the following items of information from the person’s registration application— (i) each animal ethics committee for the person; (ii) the terms of reference for each committee; (iii) if the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; (c) other information prescribed under a regulation. (2) The register may include other information the chief executive 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 . Current as at 1 November 2013 Page 47
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 62] 62 Inspection of register Subject to section 70, the chief executive must— (a) keep the register open for inspection, free of charge, by members of the public during office hours on business days at the department’s office dealing with the administration of this Act; 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 a regulation. 63 False representations about registration 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. Subdivision 2 Exemption from disclosure of registration details 64 Who may apply (1) A registered person or an applicant for registration may apply to the chief executive for an exemption (a disclosure exemption ) for stated registration details or proposed registration details for the person. (2) However, a disclosure exemption can be given for the person’s name only if the person is an individual. Page 48 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 65] 65 Requirements for application A disclosure exemption application must be in the approved form and state— (a) that the registration details, or proposed registration details, the subject of the application are— (i) not required to be disclosed under another law of the State; and (ii) not publicly available; and (b) that disclosure of the registration details is likely to disadvantage the interests of the applicant or a stated member of an animal ethics committee or proposed animal ethics committee for the applicant; and (c) the nature of the disadvantage. 66 Deciding application The chief executive must consider each disclosure exemption application and either grant or refuse the disclosure exemption applied for within 28 days after the last of the following events to happen— (a) the making of the application; (b) if the applicant is not a registered person—the deciding of the registration application to which the disclosure exemption application relates. 67 Criteria for decision The chief executive may grant a disclosure exemption only if the chief executive is satisfied— (a) the registration details the subject of the exemption are— (i) not required to be disclosed under another law of the State; and (ii) not publicly available; and Current as at 1 November 2013 Page 49
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 68] (b) disclosure of the details is likely to disadvantage the interests of the applicant or a member of an animal ethics committee or proposed animal ethics committee for the applicant for the exemption; and (c) the disadvantage outweighs the public interest in the details being disclosed. 68 Exemption may be limited The chief executive may grant a disclosure exemption for the whole or part of the registration details the subject of the relevant application. 69 Notice of refusal of disclosure exemption application The chief executive must, as soon as practicable after making a decision as follows about a disclosure exemption application, give the applicant an information notice about the decision— (a) a decision to refuse the application; (b) a decision to grant a disclosure exemption, but for only part of the registration details the subject of the relevant application. 70 Effects of disclosure exemption (1) The chief executive must not allow a person (the first person ) to inspect, take extracts from or copy exempted material unless— (a) the relevant registered person has agreed in writing; or (b) the first person is performing functions under or in relation to the administration of this Act; or (c) the disclosure is expressly permitted or required under another Act. Page 50 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 71] (2) An official must not disclose exempted material acquired by the official in the official’s capacity as an official to anyone else, unless the disclosure is made under subsection (1). Maximum penalty—100 penalty units. (3) In this section— exempted material means any of the following that the relevant registered person has not publicly disclosed— (a) the registration details the subject of a disclosure exemption; (b) a part of a document submitted, or proposed to be submitted, under this Act that contains the details. official means— (a) a person who is, or has been, a public service employee; or (b) another person performing functions under or in relation to the administration of this Act. Division 4 Amendment, cancellation or suspension Subdivision 1 Amendment of registration details 71 Amendments for which proposed action notice not required The chief executive may amend a person’s registration details at any time by giving the person notice of the amendment and recording particulars of the amendment in the register if the amendment— (a) is to correct a clerical or formal error; or Current as at 1 November 2013 Page 51
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 72] (b) does not adversely affect the person’s interests; or (c) is at the person’s written request. 72 Amendments for which proposed action notice is required The chief executive may amend a person’s registration if— (a) the chief executive considers the amendment necessary or desirable; and (b) the procedure under subdivision 3 is followed. Subdivision 2 Cancellation or suspension of registration 73 Conditions for cancellation or suspension (1) The chief executive may cancel or suspend a person’s registration if— (a) an event mentioned in subsection (2) has happened; and (b) the procedure under subdivision 3 is followed. (2) For 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 Page 52 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 74] (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 the Corporations Act, section 95A; (f) a disqualifying event happens in relation to a member of an animal ethics committee for the person; (g) an animal ethics committee for the person has not— (i) performed any of its functions under the scientific use code; or (ii) complied with the code to the extent it is relevant to the committee. Subdivision 3 Procedure for amendment, cancellation or suspension 74 Application of sdiv 3 This subdivision applies if the chief executive proposes to— (a) amend, under section 72, a person’s registration details; or (b) cancel or suspend a person’s registration. 75 Notice of proposed action (1) The chief executive must give the person a notice stating each of the following— Current as at 1 November 2013 Page 53
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 76] (a) the action (the proposed action ) the chief executive proposes to take under this subdivision; (b) the grounds for the proposed action; (c) the facts and circumstances that are the basis for the grounds; (d) if the proposed action is to amend registration details—the proposed amendment; (e) if the proposed action is to suspend the registration—the proposed suspension period; (f) that the holder may make, within a stated period, written representations to show why the proposed action should not be taken. (2) The stated period must end at least 28 days after the holder is given the notice. 76 Considering representations (1) The chief executive must consider any written representation made under section 75 by the person within the period stated in the notice. (2) If the chief executive at any time decides not to take the proposed action, the chief executive must promptly give the person notice of the decision. 77 Decision on proposed action If, after complying with section 76, the chief executive still believes a ground exists to take the proposed action, the chief executive may decide to— (a) if the proposed action was to amend registration details—make the amendment; or (b) if the proposed action was to suspend the registration for a stated period—suspend the registration for no longer than the proposed suspension period; or Page 54 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 78] (c) if the proposed action was to cancel the registration— (i) cancel the registration; or (ii) suspend it for a fixed period. 78 Notice and taking of effect of proposed action decision (1) The chief executive must, as soon as practicable after making a decision under section 77, give the person an information notice about the decision. (2) The decision takes effect on the later of the following— (a) the day the notice is given to the holder; (b) a later day of effect stated in the notice. (3) However, if the decision was to cancel or suspend the registration because of a conviction, the cancellation or suspension— (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal. Subdivision 4 Steps after amendment or suspension 79 Replacement of registration certificate If the chief executive amends a person’s registration details, the chief executive must, as soon as practicable after making the amendment, give the person a replacement registration certificate that reflects the amendment. Current as at 1 November 2013 Page 55
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 80] 80 Requirement to record suspension If a person’s registration is suspended under this division, the chief executive must record in the register particulars of when the suspension period starts and ends. Division 5 Investigation of applicants and registered persons 81 Application of div 5 This division applies if the chief executive is making a decision (the registration decision ) about whether or not to— (a) grant a registration application; or (b) take proposed action in relation to a person’s registration. 82 Animal welfare offence reports (1) The commissioner of the police service must, if asked by the chief executive, give the chief executive a written report (an animal welfare offence report ) about— (a) any convictions for animal welfare offences recorded against— (i) the applicant; or (ii) the registered person; or (iii) any member or proposed member of an animal ethics committee for the applicant or registered person; and (b) if the applicant or registered person is a corporation, whether a disqualifying event has happened in relation to— (i) any of its executive officers; and Page 56 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 83] (ii) another corporation of which any of its executive officers is, or has been, an executive officer. (2) The report must be prepared from— (a) information in the commissioner’s possession; and (b) information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions. (3) However, subsection (2) is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 . 83 Use of information in animal welfare offence report (1) This section applies if the chief executive is considering information about a person contained in an animal welfare offence report. (2) The information must not be used for any purpose other than to make the registration decision. (3) When making the decision, the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— (a) when the offence was committed; (b) the nature of the offence and its relevance to the decision. 84 Notice of use of information in animal welfare offence report Before using information contained in an animal welfare offence report to make the registration decision, the chief executive must— (a) disclose the information to the person to whom the report relates; and Current as at 1 November 2013 Page 57
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 85] (b) allow the person a reasonable opportunity to make representations to the chief executive about the information. 85 Confidentiality of animal welfare offence reports (1) This section applies to a person who— (a) is, or has been, a public service employee; and (b) has, in that capacity, acquired information or gained access to an animal welfare offence report about someone else (the second person ). (2) The person must not disclose the information, or give access to the report, to anyone else. Maximum penalty—100 penalty units. (3) However, subsection (2) does not apply if the disclosure or giving of access is— (a) to an employee of the department for making the registration decision; or (b) with the second person’s consent; or (c) expressly permitted or required under another Act. 86 Destruction of animal welfare offence reports (1) This section applies if the chief executive has obtained an animal welfare offence report and the registration decision has been made. (2) The chief executive must destroy the report as soon as practicable after the later of the following— (a) if a conviction is mentioned in the report— (i) the end of the period to appeal against the conviction; or (ii) the deciding or the ending of any appeal against the conviction and any appeal from that appeal; Page 58 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 2 Registration of scientific users [s 87] (b) the end of any period under this Act to appeal against, or apply for a review of, the registration decision; (c) the deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review. Division 6 Miscellaneous provisions 87 Reporting obligations of registered persons (1) Each registered person must, on or before 31 May in each year (the reporting day ), give the chief executive a written report (an annual report ) for the period from 1 January to 31 December immediately before the reporting day that complies with subsection (2). Maximum penalty—150 penalty units. (2) For subsection (1), an annual report must state— (a) information prescribed under a regulation about— (i) animals the person has used, or allowed to be used, for scientific purposes; and (ii) complaints, enquiries and grievances about the use of animals for scientific purposes; and (b) another matter prescribed under a regulation about the scientific use of animals by the person. (3) The chief executive and the registered person may, by writing, agree to change the reporting day to another day (the new reporting day ). (4) If the reporting day is changed— (a) the period from when the last annual report was given to the new reporting day is taken to be a period for which an annual report must be given under subsection (1); and Current as at 1 November 2013 Page 59
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 3 Restrictions on scientific users [s 88] (b) subject to paragraph (a), the period mentioned in subsection (1) is taken to be changed to the equivalent period that corresponds with the change. 88 Replacement registration certificates (1) A registered person may apply to the chief executive for a replacement registration certificate if the person’s registration certificate has been damaged, destroyed or lost. (2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (3) The chief executive may give the replacement certificate only if the chief executive is satisfied the person’s registration certificate has been damaged, destroyed or lost. 89 No transfer of registration A person’s registration can not be transferred. 90 Surrender of registration (1) A registered person may, by notice to the chief executive, surrender the registration. (2) The surrender takes effect on the later of the following— (a) the day the notice is given; (b) a day stated in the notice for the surrender. Part 3 Restrictions on scientific users 91 Use for scientific purposes must comply with code A person must not use an animal for a scientific purpose, or allow an animal to be used for a scientific purpose, unless— Page 60 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 3 Restrictions on scientific users [s 92] (a) the use is approved by an animal ethics committee whose registered terms of reference includes monitoring the use; and (b) any requirements of the committee made under the scientific use code in relation to the use have been complied with; and (c) the provisions of the code, to the extent they are relevant to the use, have been complied with. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note This provision is an executive liability provision—see section 209. 92 Use for certain scientific purposes unlawful A person must not, without the chief executive’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— (i) a cosmetic; or (ii) a sunscreen product; or (iii) an ingredient of a cosmetic or sunscreen product. Maximum penalty—300 penalty units or 1 year’s imprisonment. Note This provision is an executive liability provision—see section 209. Current as at 1 November 2013 Page 61
Animal Care and Protection Act 2001 Chapter 4 Using animals for scientific purposes Part 3 Restrictions on scientific users [s 93] 93 Obtaining approval to use for unlawful scientific purpose (1) A registered person may apply to the chief executive for approval to conduct a test or use an animal in a way mentioned in section 92. (2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (3) The chief executive must consider and either grant or refuse the application within 28 days after the making of the application. (4) However, the chief executive may grant the application only if the chief executive is satisfied— (a) the test or use has been approved by the animal ethics committee whose registered terms of reference includes monitoring the test or use; and (b) any requirements of the committee made under the scientific use code in relation to the test or use are likely to be complied with. (5) Subsection (4) does not limit the matters the chief executive may consider. (6) If the application is granted, the approval takes effect on the later of the following— (a) the day the applicant is given notice of the approval; (b) a later day of effect stated in the notice. (7) If the chief executive decides to refuse the application, the chief executive must, after making the decision, as soon as practicable, give the applicant an information notice about the decision. Page 62 Current as at 1 November 2013
Chapter 5 Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 1 Preliminary [s 94] Code compliance monitoring Part 1 Preliminary 94 Purposes of ch 5 (1) The purposes of this chapter are to— (a) ensure compliance with compulsory code requirements and the scientific use code; and (b) prevent animal suffering; and (c) promote standards of animal care provided for under codes of practice. (2) The purposes are achieved by providing for— (a) authorised officers to monitor compulsory code requirements and the scientific use code; and (b) programs about carrying out the monitoring. Part 2 Monitoring programs 95 Chief executive may make monitoring program (1) The chief executive may, by complying with the requirements of this part, make a program stating requirements for authorised officers about monitoring a compulsory code requirement or the scientific use code (a monitoring program ). (2) However, a failure to comply with a requirement of this part does not invalidate or otherwise affect the monitoring program. Current as at 1 November 2013 Page 63
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 2 Monitoring programs [s 96] (3) A monitoring program may be for any of the following— (a) more than 1 compulsory code requirement; (b) compulsory code requirements under different codes of practice; (c) a compulsory code requirement and the scientific use code. 96 Publication of draft monitoring program (1) The chief executive must publish a notice of a draft monitoring program in a newspaper likely to be read by people in the State particularly affected by each compulsory code requirement or provision of the scientific code to which the draft program relates (the relevant code provisions ). (2) The notice must— (a) identify the relevant code provisions; and (b) state the following— (i) where copies of the draft program may be inspected; (ii) that any entity may comment about the draft program; (iii) the period during which comments may be made. (3) The notice may identify a compulsory code requirement by reference to the regulation under which the requirement is a compulsory code requirement. (4) The stated period must be at least 28 days after the publication of the notice. (5) A copy of the draft program must be available free, or on payment of a reasonable price, at the place, or each of the places, stated in the notice. Page 64 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 3 Authorised officers [s 97] 97 Comments to be considered before final program made The chief executive must, before making a final monitoring program, consider all comments received by the chief executive within the period under section 96(2)(b)(iii) for making comments about the draft monitoring program. 98 Final monitoring program (1) The chief executive may make a final monitoring program only by gazette notice. (2) The chief executive must, as soon as practicable after making the program, publish a notice of it in a newspaper likely to be read by people in the State particularly affected by the relevant code provisions. (3) The chief executive must keep copies of the program open for public inspection during office hours on business days at— (a) the department’s head office; and (b) other places the chief executive considers appropriate. Part 3 Authorised officers Division 1 Appointment 99 Appointment and qualifications (1) The chief executive may appoint an individual as an authorised officer. (2) However, an individual may be appointed as an authorised officer only if— (a) the individual is— (i) a public service officer or employee; or Current as at 1 November 2013 Page 65
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 3 Authorised officers [s 100] (ii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and (b) the chief executive is satisfied the individual has— (i) the necessary expertise or experience to be an authorised officer; and (ii) satisfactorily finished training approved by the chief executive. (3) Subsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an authorised officer. 100 Functions The functions of an authorised officer are to— (a) monitor compliance with compulsory code requirements and the scientific use code; and (b) promote standards of animal care provided for under codes of practice. 101 Appointment conditions and limit on powers (1) An authorised officer holds office on any conditions stated in— (a) the officer’s instrument of appointment; or (b) a signed notice given to the officer; or (c) a regulation. (2) Without limiting subsection (1), the instrument of appointment, a signed notice given to the officer or a regulation may— (a) limit the officer’s functions or powers under this or another Act; or Page 66 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 3 Authorised officers [s 102] Example for paragraph (a) The instrument of appointment, notice or regulation may limit the officer’s functions or powers to stated functions or powers in relation to a compulsory code requirement or the scientific use code. (b) require the officer to give the chief executive stated information or a report about the performance of the officer’s functions or the exercise of the officer’s powers. (3) In this section— signed notice means a notice signed by the chief executive. 102 When authorised officer ceases to hold office (1) An authorised officer ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the officer ceases to hold office; (c) the officer’s resignation under section 103 takes effect. (2) Subsection (1) does not limit the ways an officer may cease to hold office. (3) In this section— condition of office means a condition on which the officer holds office. 103 Resignation (1) An authorised officer may resign by signed notice given to the chief executive. (2) However, if holding office as an authorised officer is a condition of the authorised officer holding another office, the authorised officer may not resign as an authorised officer without resigning from the other office. Current as at 1 November 2013 Page 67
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 3 Authorised officers [s 104] Division 2 Identity cards 104 Issue of identity card (1) The chief executive must issue an identity card to each authorised officer. (2) The identity card must— (a) contain a recent photo of the officer; and (b) contain a copy of the officer’s signature; and (c) identify the person as an authorised officer under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the giving of a single identity card to a person for this Act and other purposes. 105 Production or display of identity card (1) In exercising a power under this Act in relation to a person, an authorised officer must— (a) produce the officer’s identity card for the person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity. (3) For subsection (1), an officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 108(1)(b) or (2). 106 Return of identity card A person who ceases to be an authorised officer must return the person’s identity card to the chief executive within 21 days Page 68 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 4 Powers of authorised officers [s 107] after ceasing to be an authorised officer unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Part 4 Powers of authorised officers Division 1 General 107 General provisions about powers (1) An authorised officer has the powers given under divisions 2 and 3. (2) However, an authorised officer may exercise a power only for the purpose of a monitoring program. (3) A person may hold appointment as an authorised officer and an inspector. (4) However, the person may only exercise the person’s powers as an inspector by complying with chapter 6, part 2. Division 2 Entry powers Subdivision 1 Entry to places other than vehicles 108 Power of entry (1) An authorised officer 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 it is open to the public; or Current as at 1 November 2013 Page 69
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 4 Powers of authorised officers [s 109] (c) an authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; 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. (2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) A notice under subsection (1)(c) must state— (a) the purpose of the entry; and (b) that an authorised officer is permitted under this Act to enter the place without the person’s consent. (4) In this section— place does not include a part of the place where a person resides. 109 Procedure for entry with consent (1) This section applies if an authorised officer intends to ask an occupier of a place to consent to the officer or another authorised officer entering the place under section 108(1)(a). (2) Before asking for the consent, the officer must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent; and (c) that the officer may, under section 108(1)(c), enter the place by giving at least 48 hours notice of the proposed entry. Page 70 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 4 Powers of authorised officers [s 110] (3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state— (a) 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 officer or another authorised officer 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 officer 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 the occupier consented. 110 Procedure for other entries (1) This section applies if— (a) an authorised officer is intending to enter a place under section 108(1)(b), (c) or (d); and (b) the occupier of the place is present at the place. (2) Before entering the place, the officer must do or make a reasonable attempt to do the following things— (a) comply with section 105 for the occupier; (b) tell the occupier the purpose of the entry; Current as at 1 November 2013 Page 71
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 4 Powers of authorised officers [s 111] (c) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. Subdivision 2 Entry to vehicles 111 Power of entry An authorised officer may enter and stay in a vehicle if— (a) the person in control of the vehicle consents to the entry; or (b) the vehicle is stationary and— (i) the officer reasonably suspects the vehicle is being, or has recently been, used to transport an animal in connection with the carrying out of a business; or (ii) 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. 112 Procedure for entry without consent if person in control or occupier present (1) This section applies if— (a) an authorised officer is intending to enter a vehicle under section 111(b); and (b) a person who is a person in control, or an occupier of, the vehicle is present at the vehicle. (2) Before entering the vehicle, the officer must do, or make a reasonable attempt to do, each of the following things— (a) comply with section 105 for the person; (b) tell the person the purpose of the entry; (c) seek the consent of the person to the entry; Page 72 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 5 Code compliance monitoring Part 4 Powers of authorised officers [s 113] (d) tell the person the officer 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 officer must take reasonable steps to advise the person or any registered operator of the vehicle of the officer’s intention to enter the vehicle. (4) Subsection (3) does not require the officer to take a step the officer reasonably believes may frustrate or otherwise hinder the performance of the officer’s functions or the purpose of the intended entry. Division 3 Other powers 113 Certain inspectors’ powers apply for entry (1) This section applies if an authorised officer is entering, or has entered, a place under division 2. (2) However, if under section 108(2) an authorised officer enters a place to ask the occupier’s consent to enter premises, this section applies to the officer only if the consent is given or the entry is otherwise authorised. (3) The following provisions apply, with necessary changes, as if the officer were an inspector, had entered the place under chapter 6 and were exercising a power under that chapter— (a) sections 134, 135, 168 and 169; (b) chapter 6, part 2, division 3, other than section 137(d); (c) chapter 6, part 2, division 5; (d) chapter 6, part 3. Current as at 1 November 2013 Page 73
Animal Care and Protection Act 2001 Chapter 6 Investigation and enforcement Part 1 Inspectors [s 114] Chapter 6 Investigation and enforcement Part 1 Inspectors Division 1 Appointment 114 Appointment and qualifications (1) The chief executive may appoint an individual as an inspector. (2) However, an individual may be appointed as an inspector only if— (a) the individual is— (i) a public service officer or employee; or (ii) employed by the Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated; or (iii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and (b) the chief executive is satisfied the individual has— (i) the necessary expertise or experience to be an inspector; or (ii) satisfactorily finished training approved by the chief executive. (3) Subsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an inspector. Page 74 Current as at 1 November 2013
Animal Care and Protection Act 2001 Chapter 6 Investigation and enforcement Part 1 Inspectors [s 115] 115 Functions The functions of an inspector are to investigate and enforce compliance with this Act. 116 Appointment conditions and limit on powers (1) An inspector holds office on any conditions stated in— (a) the inspector’s instrument of appointment; or (b) a signed notice given to the inspector; or (c) a regulation. (2) Without limiting subsection (1), the instrument of appointment, a signed notice given to the inspector or a regulation may— (a) limit the inspector’s functions or powers under this or another Act; or (b) require the inspector to give the chief executive stated information or a report about the performance of the inspector’s functions or