{"id":"qld:act-2001-064","name":"Animal Care and Protection Act 2001","slug":"animal-care-and-protection-act-2001","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"64 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":88955,"registerId":"qld-act-2001-064-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Animal Care and Protection Act 2001 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes and application of Act","content":"# Purposes and application of Act","sortOrder":3},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"Purposes","content":"## Purposes","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are to do the following—\npromote the responsible care and use of animals;\nprovide standards for the care and use of animals that—\nachieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and\nallow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals;\nprotect animals from unjustifiable, unnecessary or unreasonable pain;\nensure the use of animals for scientific purposes is accountable, open and responsible.\n- (a) promote the responsible care and use of animals;\n- (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;\n- (i) achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and\n- (ii) allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals;\n- (c) protect animals from unjustifiable, unnecessary or unreasonable pain;\n- (d) ensure the use of animals for scientific purposes is accountable, open and responsible.\n- (i) achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and\n- (ii) allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals;","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"How purposes are to be primarily achieved","content":"### sec.4 How purposes are to be primarily achieved\n\nThe purposes are to be primarily achieved by the following—\nproviding for regulations about codes of practice for animal welfare;\nallowing regulations to require compliance with codes of practice;\nimposing a duty of care on persons in charge of animals;\nprohibiting certain conduct in relation to animals;\nrequiring a person using an animal for scientific purposes to comply with the scientific use code;\nproviding for the registration of certain users of animals for scientific purposes;\nproviding for the appointment of authorised officers to monitor compliance with compulsory code requirements and the scientific use code;\nproviding for the appointment of inspectors to investigate and enforce this Act;\nallowing the Minister to establish an animal welfare advisory committee or another body to advise the Minister on animal welfare issues.\n- (a) providing for regulations about codes of practice for animal welfare;\n- (b) allowing regulations to require compliance with codes of practice;\n- (c) imposing a duty of care on persons in charge of animals;\n- (d) prohibiting certain conduct in relation to animals;\n- (e) requiring a person using an animal for scientific purposes to comply with the scientific use code;\n- (f) providing for the registration of certain users of animals for scientific purposes;\n- (g) providing for the appointment of authorised officers to monitor compliance with compulsory code requirements and the scientific use code;\n- (h) providing for the appointment of inspectors to investigate and enforce this Act;\n- (i) allowing the Minister to establish an animal welfare advisory committee or another body to advise the Minister on animal welfare issues.","sortOrder":6},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Application","content":"## Application","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nSubject 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.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\ns 5 amd 2012 No. 23 s 5\n(sec.5-ssec.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.\n(sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Act to State for protected or wild animals","content":"### sec.6 Application of Act to State for protected or wild animals\n\nThis Act does not apply to the State for an animal only because it is—\na protected animal or an animal in the wild under the Nature Conservation Act 1992 ; and\nthe property of the State under that Act, another Act or the common law.\nSee the Nature Conservation Act 1992 , section 83 (Property in protected animals).\n- (a) a protected animal or an animal in the wild under the Nature Conservation Act 1992 ; and\n- (b) the property of the State under that Act, another Act or the common law. Note— See the Nature Conservation Act 1992 , section 83 (Property in protected animals).","sortOrder":9},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Relationship with Nature Conservation Act 1992","content":"### sec.6A Relationship with Nature Conservation Act 1992\n\nThis Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2) .\nThis 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 —\ntaking, keeping or using an animal to exercise Aboriginal tradition or Island custom;\nusing an animal for a scientific purpose.\nA person does not commit an offence under this Act only because the person does an act or makes an omission that—\nis authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and\nwould, apart from this subsection, constitute an offence under this Act.\ns 6A ins 2012 No. 23 s 6\n(sec.6A-ssec.1) This Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2) .\n(sec.6A-ssec.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 — taking, keeping or using an animal to exercise Aboriginal tradition or Island custom; using an animal for a scientific purpose.\n(sec.6A-ssec.3) A person does not commit an offence under this Act only because the person does an act or makes an omission that— is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and would, apart from this subsection, constitute an offence under this Act.\n- (a) taking, keeping or using an animal to exercise Aboriginal tradition or Island custom;\n- (b) using an animal for a scientific purpose.\n- (a) is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and\n- (b) would, apart from this subsection, constitute an offence under this Act.","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Relationship with certain other Acts","content":"### sec.7 Relationship with certain other Acts\n\nThis Act does not affect the application of—\nthe Fisheries Act 1994 ; or\nthe Racing Act 2002 ; or\nthe Racing Integrity Act 2016 .\nA 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.\nHowever, subsection (2) does not apply if the act is the use of an animal for a scientific purpose.\ns 7 amd 2002 No. 58 s 398 (1) sch 2 pt 1 ; 2012 No. 23 s 7 ; 2016 No. 12 s 297\n(sec.7-ssec.1) This Act does not affect the application of— the Fisheries Act 1994 ; or the Racing Act 2002 ; or the Racing Integrity Act 2016 .\n(sec.7-ssec.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.\n(sec.7-ssec.3) However, subsection (2) does not apply if the act is the use of an animal for a scientific purpose.\n- (a) the Fisheries Act 1994 ; or\n- (b) the Racing Act 2002 ; or\n- (c) the Racing Integrity Act 2016 .","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Relationship with native title","content":"### sec.8 Relationship with native title\n\nA 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.\ns 8 sub 2012 No. 23 s 8","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.9 Act does not affect other rights or remedies\n\nThis Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout 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.\nIn 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.\nThis Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.\n(sec.9-ssec.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.\n(sec.9-ssec.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.\n(sec.9-ssec.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.\n(sec.9-ssec.4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.","sortOrder":13},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":14},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Definitions","content":"### sec.10 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":16},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is an animal","content":"### sec.11 What is an animal\n\nAn animal is any of the following—\na live member of a vertebrate animal taxon;\nan amphibian\na bird\na fish\na mammal, other than a human being\na reptile\na live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development—\na mammalian or reptilian fetus;\nan avian, mammalian or reptilian pre-hatched young;\na live marsupial young;\na live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda;\ncuttlefish, nautilus, octopi, squid\na live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph.\ncrabs, crayfish, lobsters, prawns\nHowever, a human being or human fetus is not an animal.\nTo remove any doubt, it is declared that the following are not animals—\nthe eggs, spat or spawn of a fish;\na pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ;\nanother immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) .\ns 11 amd 2022 No. 35 s 3\n(sec.11-ssec.1) An animal is any of the following— a live member of a vertebrate animal taxon; an amphibian a bird a fish a mammal, other than a human being a reptile a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— a mammalian or reptilian fetus; an avian, mammalian or reptilian pre-hatched young; a live marsupial young; a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda; cuttlefish, nautilus, octopi, squid a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph. crabs, crayfish, lobsters, prawns\n(sec.11-ssec.2) However, a human being or human fetus is not an animal.\n(sec.11-ssec.3) To remove any doubt, it is declared that the following are not animals— the eggs, spat or spawn of a fish; a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ; another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) .\n- (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\n- • an amphibian\n- • a bird\n- • a fish\n- • a mammal, other than a human being\n- • a reptile\n- (b) a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— (i) a mammalian or reptilian fetus; (ii) an avian, mammalian or reptilian pre-hatched young;\n- (i) a mammalian or reptilian fetus;\n- (ii) an avian, mammalian or reptilian pre-hatched young;\n- (c) a live marsupial young;\n- (d) a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda; Examples— cuttlefish, nautilus, octopi, squid\n- (e) a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph. Examples— crabs, crayfish, lobsters, prawns\n- • an amphibian\n- • a bird\n- • a fish\n- • a mammal, other than a human being\n- • a reptile\n- (i) a mammalian or reptilian fetus;\n- (ii) an avian, mammalian or reptilian pre-hatched young;\n- (a) the eggs, spat or spawn of a fish;\n- (b) a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ;\n- (c) another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) .","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of a person in charge of an animal","content":"### sec.12 Meaning of a person in charge of an animal\n\nA person is a person in charge of an animal if the person—\nowns or has a lease, licence or other proprietary interest in the animal; or\nhas the custody of the animal; or\nis 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.\nDespite 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.\n(sec.12-ssec.1) A person is a person in charge of an animal if the person— owns or has a lease, licence or other proprietary interest in the animal; or has the custody of the animal; or 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.\n(sec.12-ssec.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.\n- (a) owns or has a lease, licence or other proprietary interest in the animal; or\n- (b) has the custody of the animal; or\n- (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.","sortOrder":19},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Breach of duty of care","content":"# Breach of duty of care","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Breach of duty of care prohibited","content":"### sec.17 Breach of duty of care prohibited\n\nA person in charge of an animal owes a duty of care to it.\nThe person must not breach the duty of care.\nMaximum penalty—\nif the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or\notherwise—300 penalty units or 1 year’s imprisonment.\nSee also section 9 .\nFor subsection (2) , a person breaches the duty only if the person does not take reasonable steps to—\nprovide the animal’s needs for the following in a way that is appropriate—\nfood and water;\naccommodation or living conditions for the animal;\nto display normal patterns of behaviour;\nthe treatment of disease or injury; or\nensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate.\nIn deciding what is appropriate, regard must be had to—\nthe species, environment and circumstances of the animal; and\nthe steps a reasonable person in the circumstances of the person would reasonably be expected to have taken.\na bushfire or another natural disaster\na flood or another climatic condition\ns 17 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 4 ; 2022 No. 35 s 5 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.17-ssec.1) A person in charge of an animal owes a duty of care to it.\n(sec.17-ssec.2) The person must not breach the duty of care. Maximum penalty— if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or otherwise—300 penalty units or 1 year’s imprisonment. See also section 9 .\n(sec.17-ssec.3) For subsection (2) , a person breaches the duty only if the person does not take reasonable steps to— provide the animal’s needs for the following in a way that is appropriate— food and water; accommodation or living conditions for the animal; to display normal patterns of behaviour; the treatment of disease or injury; or ensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate.\n(sec.17-ssec.4) In deciding what is appropriate, regard must be had to— the species, environment and circumstances of the animal; and the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken. a bushfire or another natural disaster a flood or another climatic condition\n- (a) if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or\n- (b) otherwise—300 penalty units or 1 year’s imprisonment.\n- (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\n- (i) food and water;\n- (ii) accommodation or living conditions for the animal;\n- (iii) to display normal patterns of behaviour;\n- (iv) the treatment of disease or injury; or\n- (b) ensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate.\n- (i) food and water;\n- (ii) accommodation or living conditions for the animal;\n- (iii) to display normal patterns of behaviour;\n- (iv) the treatment of disease or injury; or\n- (a) the species, environment and circumstances of the animal; and\n- (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\n- • a bushfire or another natural disaster\n- • a flood or another climatic condition\n- • a bushfire or another natural disaster\n- • a flood or another climatic condition","sortOrder":21},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Cruelty offences","content":"# Cruelty offences","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Animal cruelty prohibited","content":"### sec.18 Animal cruelty prohibited\n\nA person must not be cruel to an animal.\nMaximum penalty—2,000 penalty units or 3 years imprisonment.\nWithout limiting subsection (1) , a person is taken to be cruel to an animal if the person does any of the following to the animal—\ncauses it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable;\nbeats it so as to cause the animal pain;\nabuses, terrifies, torments or worries it;\noverdrives, overrides or overworks it;\nuses on the animal an electrical device prescribed under a regulation;\nconfines or transports it—\nwithout appropriate preparation, including, for example, appropriate food, rest, shelter or water; or\nwhen it is unfit for the confinement or transport; or\nin a way that is inappropriate for the animal’s welfare; or\nplacing 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\nnot providing the animal with appropriate spells\nconfining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal\nin an unsuitable container or vehicle;\nkills it in a way that—\nis inhumane; or\ncauses it not to die quickly; or\ncauses it to die in unreasonable pain;\nunjustifiably, unnecessarily or unreasonably—\ninjures or wounds it; or\novercrowds or overloads it.\ns 18 amd 2002 No. 49 s 37 sch ; 2013 No. 41 s 26 ; 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 5 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.18-ssec.1) A person must not be cruel to an animal. Maximum penalty—2,000 penalty units or 3 years imprisonment.\n(sec.18-ssec.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— causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable; beats it so as to cause the animal pain; abuses, terrifies, torments or worries it; overdrives, overrides or overworks it; uses on the animal an electrical device prescribed under a regulation; confines or transports it— without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or when it is unfit for the confinement or transport; or in a way that is inappropriate for the animal’s welfare; or 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 confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal in an unsuitable container or vehicle; kills it in a way that— is inhumane; or causes it not to die quickly; or causes it to die in unreasonable pain; unjustifiably, unnecessarily or unreasonably— injures or wounds it; or overcrowds or overloads it.\n- (a) causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable;\n- (b) beats it so as to cause the animal pain;\n- (c) abuses, terrifies, torments or worries it;\n- (d) overdrives, overrides or overworks it;\n- (e) uses on the animal an electrical device prescribed under a regulation;\n- (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 • confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal (iv) in an unsuitable container or vehicle;\n- (i) without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or\n- (ii) when it is unfit for the confinement or transport; or\n- (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 • confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal\n- • 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\n- • not providing the animal with appropriate spells\n- • confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal\n- (iv) in an unsuitable container or vehicle;\n- (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;\n- (i) is inhumane; or\n- (ii) causes it not to die quickly; or\n- (iii) causes it to die in unreasonable pain;\n- (h) unjustifiably, unnecessarily or unreasonably— (i) injures or wounds it; or (ii) overcrowds or overloads it.\n- (i) injures or wounds it; or\n- (ii) overcrowds or overloads it.\n- (i) without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or\n- (ii) when it is unfit for the confinement or transport; or\n- (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 • confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal\n- • 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\n- • not providing the animal with appropriate spells\n- • confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal\n- (iv) in an unsuitable container or vehicle;\n- • 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\n- • not providing the animal with appropriate spells\n- • confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal\n- (i) is inhumane; or\n- (ii) causes it not to die quickly; or\n- (iii) causes it to die in unreasonable pain;\n- (i) injures or wounds it; or\n- (ii) overcrowds or overloads it.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Unreasonable abandonment or release","content":"### sec.19 Unreasonable abandonment or release\n\nA 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.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nA person must not, unless the person has a reasonable excuse, release an animal from the custody of the person in charge of it.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nFor subsection (1) , an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal.\na person providing food and water to a dog that has been abandoned near the person’s premises\ns 19 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 6 ; 2022 No. 35 s 6 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.19-ssec.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.\n(sec.19-ssec.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.\n(sec.19-ssec.3) For subsection (1) , an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal. a person providing food and water to a dog that has been abandoned near the person’s premises","sortOrder":24},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Prohibited events","content":"# Prohibited events","sortOrder":25},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Meaning of prohibited event","content":"### sec.20 Meaning of prohibited event\n\nA prohibited event means any of the following events—\na 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;\na cockfight or dogfight or other event in which an animal fights, or is encouraged to fight, with another animal;\ncoursing or another event in which an animal is released from captivity to be hunted, injured or killed by another animal;\nan 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;\nan 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.\nsomeone does, or attempts to, catch, fight or throw the animal\ns 20 amd 2022 No. 35 s 7\n- (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;\n- (b) a cockfight or dogfight or other event in which an animal fights, or is encouraged to fight, with another animal;\n- (c) coursing or another event in which an animal is released from captivity to be hunted, injured or killed by another animal;\n- (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;\n- (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","sortOrder":27},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Prohibitions","content":"## Prohibitions","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Participation in prohibited event","content":"### sec.21 Participation in prohibited event\n\nA person must not—\norganise a prohibited event; or\nknowingly—\npermit a prohibited event to be organised; or\nsupply an animal for use in a prohibited event; or\nsupply premises for use for a prohibited event.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nIn this section—\norganise a prohibited event includes taking part in organising the event.\ns 21 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.21-ssec.1) A person must not— organise a prohibited event; or knowingly— permit a prohibited event to be organised; or supply an animal for use in a prohibited event; or supply premises for use for a prohibited event. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.21-ssec.2) In this section— organise a prohibited event includes taking part in organising the event.\n- (a) organise a prohibited event; or\n- (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.\n- (i) permit a prohibited event to be organised; or\n- (ii) supply an animal for use in a prohibited event; or\n- (iii) supply premises for use for a prohibited event.\n- (i) permit a prohibited event to be organised; or\n- (ii) supply an animal for use in a prohibited event; or\n- (iii) supply premises for use for a prohibited event.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Presence at prohibited event","content":"### sec.22 Presence at prohibited event\n\nA person must not be present at a prohibited event unless the person has a reasonable excuse.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.","sortOrder":30},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Regulated procedures","content":"# Regulated procedures","sortOrder":31},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Regulated procedures for dogs","content":"## Regulated procedures for dogs","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Cropping dog’s ear","content":"### sec.23 Cropping dog’s ear\n\nA person, other than a veterinary surgeon, must not crop a dog’s ear.\nMaximum penalty—100 penalty units.\nA 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.\nMaximum penalty—100 penalty units.\nIn this section—\ncrop , a dog’s ear, means to remove part of the ear to make the ear stand erect.\n(sec.23-ssec.1) A person, other than a veterinary surgeon, must not crop a dog’s ear. Maximum penalty—100 penalty units.\n(sec.23-ssec.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.\n(sec.23-ssec.3) In this section— crop , a dog’s ear, means to remove part of the ear to make the ear stand erect.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Docking dog’s tail","content":"### sec.24 Docking dog’s tail\n\nA person, other than a veterinary surgeon, must not dock a dog’s tail.\nMaximum penalty—100 penalty units.\nA veterinary surgeon must not dock a dog’s tail unless the surgeon reasonably considers the docking is in the interests of the dog’s welfare.\nMaximum penalty—100 penalty units.\ns 24 sub 2022 No. 35 s 9\n(sec.24-ssec.1) A person, other than a veterinary surgeon, must not dock a dog’s tail. Maximum penalty—100 penalty units.\n(sec.24-ssec.2) A veterinary surgeon must not dock a dog’s tail unless the surgeon reasonably considers the docking is in the interests of the dog’s welfare. Maximum penalty—100 penalty units.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Debarking operations","content":"### sec.25 Debarking operations\n\nA 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 ).\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nA veterinary surgeon must not perform a debarking operation on a dog unless the surgeon—\nreasonably considers the operation is in the interests of the dog’s welfare; or\nhas 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\nhas 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.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nFor 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—\nthat, in the opinion of each owner, the dog’s barking is a nuisance;\nattempts have made to prevent the dog’s barking from being a nuisance;\nfor each attempt—\nthe nature of the attempt; and\nenough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ;\nthat each attempt has been unsuccessful.\nbehavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert\nIn this section—\nbark includes cry, howl and yelp.\nnuisance , for barking, means interference with the reasonable comfort, peace or privacy of anyone.\nrelevant nuisance abatement notice means the original, or a copy, of a notice as follows relating to the dog—\na nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice );\na notice, however called, under a local law if the notice—\ncomplies, or substantially complies, with the requirements for an EPA notice; or\nhas the same, or substantially the same, purpose as an EPA notice.\n(sec.25-ssec.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.\n(sec.25-ssec.2) A veterinary surgeon must not perform a debarking operation on a dog unless the surgeon— reasonably considers the operation is in the interests of the dog’s welfare; or 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 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.\n(sec.25-ssec.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— that, in the opinion of each owner, the dog’s barking is a nuisance; attempts have made to prevent the dog’s barking from being a nuisance; for each attempt— the nature of the attempt; and enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ; that each attempt has been unsuccessful. behavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert\n(sec.25-ssec.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 nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice ); a notice, however called, under a local law if the notice— complies, or substantially complies, with the requirements for an EPA notice; or has the same, or substantially the same, purpose as an EPA notice.\n- (a) reasonably considers the operation is in the interests of the dog’s welfare; or\n- (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\n- (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.\n- (a) that, in the opinion of each owner, the dog’s barking is a nuisance;\n- (b) attempts have made to prevent the dog’s barking from being a nuisance;\n- (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) ;\n- (i) the nature of the attempt; and\n- (ii) enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ;\n- (d) that each attempt has been unsuccessful.\n- (i) the nature of the attempt; and\n- (ii) enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ;\n- (a) a nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice );\n- (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 (ii) has the same, or substantially the same, purpose as an EPA notice.\n- (i) complies, or substantially complies, with the requirements for an EPA notice; or\n- (ii) has the same, or substantially the same, purpose as an EPA notice.\n- (i) complies, or substantially complies, with the requirements for an EPA notice; or\n- (ii) has the same, or substantially the same, purpose as an EPA notice.","sortOrder":35},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Regulated procedures for other animals","content":"## Regulated procedures for other animals","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Removal of cat’s claw","content":"### sec.26 Removal of cat’s claw\n\nA person, other than a veterinary surgeon, must not remove a cat’s claw.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nA 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.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.26-ssec.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.\n(sec.26-ssec.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.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Docking tail of cattle or horse","content":"### sec.27 Docking tail of cattle or horse\n\nThis section applies for an animal as follows—\ncattle;\na horse.\nA person, other than a veterinary surgeon, must not dock the animal’s tail.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nA 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.\nMaximum penalty for subsection (3) —300 penalty units or 1 year’s imprisonment.\n(sec.27-ssec.1) This section applies for an animal as follows— cattle; a horse.\n(sec.27-ssec.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.\n(sec.27-ssec.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.\n- (a) cattle;\n- (b) a horse.","sortOrder":38},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Spaying cattle","content":"### sec.27A Spaying cattle\n\nA person, other than a veterinary surgeon or an accredited person, must not spay cattle using the Willis dropped-ovary technique.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nA person must not use vaginal spreaders to spay cattle that have not given birth.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nIn this section—\naccredited person means a person accredited to perform the Willis dropped-ovary technique to spay cattle under an approved cattle procedures accreditation scheme.\nprescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has a flattened spearhead with a slit that—\nis in the forward end of the spearhead; and\nhas a sharp edge at the end of the slit; and\njoins an oval hole at the other end of the slit.\nWillis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdominal cavity by using a prescribed instrument to—\nenter the abdominal cavity by piercing the wall of the vagina with the instrument’s spearhead; and\nplace each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and\nsever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.\ns 27A ins 2022 No. 35 s 10\n(sec.27A-ssec.1) A person, other than a veterinary surgeon or an accredited person, must not spay cattle using the Willis dropped-ovary technique. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.27A-ssec.2) A person must not use vaginal spreaders to spay cattle that have not given birth. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.27A-ssec.3) In this section— accredited person means a person accredited to perform the Willis dropped-ovary technique to spay cattle under an approved cattle procedures accreditation scheme. prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has a flattened spearhead with a slit that— is in the forward end of the spearhead; and has a sharp edge at the end of the slit; and joins an oval hole at the other end of the slit. Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdominal cavity by using a prescribed instrument to— enter the abdominal cavity by piercing the wall of the vagina with the instrument’s spearhead; and place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.\n- (a) is in the forward end of the spearhead; and\n- (b) has a sharp edge at the end of the slit; and\n- (c) joins an oval hole at the other end of the slit.\n- (a) enter the abdominal cavity by piercing the wall of the vagina with the instrument’s spearhead; and\n- (b) place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and\n- (c) sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.","sortOrder":39},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Testing for pregnancy in cattle","content":"### sec.27B Testing for pregnancy in cattle\n\nA person, other than a veterinary surgeon or an accredited person, must not use rectal palpation or transrectal ultrasound to test for pregnancy in cattle unless the person performs the test without fee or reward.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nIn this section—\naccredited person means a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme.\ns 27B ins 2022 No. 35 s 10\n(sec.27B-ssec.1) A person, other than a veterinary surgeon or an accredited person, must not use rectal palpation or transrectal ultrasound to test for pregnancy in cattle unless the person performs the test without fee or reward. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.27B-ssec.2) In this section— accredited person means a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme.","sortOrder":40},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Restriction on supplying animals that have undergone a regulated procedure","content":"## Restriction on supplying animals that have undergone a regulated procedure","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Restriction on supplying debarked dog","content":"### sec.28 Restriction on supplying debarked dog\n\nA person (a supplier ) must not supply another person a dog that the supplier knows has had a debarking operation performed on it unless the supplier gives the other person a signed veterinary surgeon’s certificate stating that the operation was performed in accordance with section 25 (2) .\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nHowever, subsection (1) does not apply if—\nthe dog was abandoned; and\nthe supplier is surrendering the dog to a pound or animal shelter.\nSubsection (4) applies if—\na pound or animal shelter takes possession of a dog that has had a debarking procedure performed on it before the pound or animal shelter took possession of the dog; and\nthe pound or animal shelter is not given a veterinary surgeon’s certificate for the dog as stated in subsection (1) .\nThe pound or animal shelter must not supply a person with the dog unless the pound or animal shelter gives the person a certificate stating that the dog had the debarking procedure performed on it before the pound or animal shelter took possession of the dog.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nSubsection (6) applies to a person who is supplied a dog—\nby a person in accordance with subsection (1) ; or\nby a pound or animal shelter in accordance with subsection (4) .\nThe person (an on-supplier ) must not on-supply the dog to another person unless the on-supplier gives the other person—\nthe signed veterinary surgeon’s certificate given for the dog under subsection (1) ; or\nthe certificate given for the dog under subsection (4) .\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\ns 28 sub 2022 No. 35 s 12\n(sec.28-ssec.1) A person (a supplier ) must not supply another person a dog that the supplier knows has had a debarking operation performed on it unless the supplier gives the other person a signed veterinary surgeon’s certificate stating that the operation was performed in accordance with section 25 (2) . Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.28-ssec.2) However, subsection (1) does not apply if— the dog was abandoned; and the supplier is surrendering the dog to a pound or animal shelter.\n(sec.28-ssec.3) Subsection (4) applies if— a pound or animal shelter takes possession of a dog that has had a debarking procedure performed on it before the pound or animal shelter took possession of the dog; and the pound or animal shelter is not given a veterinary surgeon’s certificate for the dog as stated in subsection (1) .\n(sec.28-ssec.4) The pound or animal shelter must not supply a person with the dog unless the pound or animal shelter gives the person a certificate stating that the dog had the debarking procedure performed on it before the pound or animal shelter took possession of the dog. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.28-ssec.5) Subsection (6) applies to a person who is supplied a dog— by a person in accordance with subsection (1) ; or by a pound or animal shelter in accordance with subsection (4) .\n(sec.28-ssec.6) The person (an on-supplier ) must not on-supply the dog to another person unless the on-supplier gives the other person— the signed veterinary surgeon’s certificate given for the dog under subsection (1) ; or the certificate given for the dog under subsection (4) . Maximum penalty—150 penalty units or 1 year’s imprisonment.\n- (a) the dog was abandoned; and\n- (b) the supplier is surrendering the dog to a pound or animal shelter.\n- (a) a pound or animal shelter takes possession of a dog that has had a debarking procedure performed on it before the pound or animal shelter took possession of the dog; and\n- (b) the pound or animal shelter is not given a veterinary surgeon’s certificate for the dog as stated in subsection (1) .\n- (a) by a person in accordance with subsection (1) ; or\n- (b) by a pound or animal shelter in accordance with subsection (4) .\n- (a) the signed veterinary surgeon’s certificate given for the dog under subsection (1) ; or\n- (b) the certificate given for the dog under subsection (4) .","sortOrder":42},{"sectionNumber":"sec.29","sectionType":"section","heading":"Other restrictions","content":"### sec.29 Other restrictions\n\nA person (a supplier ) must not supply another person with an animal that the supplier knows has had a regulated procedure performed on it unless the supplier has given the other person a signed veterinary surgeon’s certificate stating that the operation was performed in the interests of the animal’s welfare.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nHowever, subsection (1) does not apply if—\nthe animal was abandoned; and\nthe supplier is surrendering the animal to a pound or animal shelter.\nSubsection (4) applies if—\na pound or animal shelter takes possession of an animal that has had a regulated procedure performed on it; and\nthe pound or animal shelter is not given a veterinary surgeon’s certificate for the animal in accordance with subsection (1) .\nThe pound or animal shelter must not supply someone else the animal unless the pound or animal shelter gives the person a certificate stating that the animal had the regulated procedure performed on it before the pound or animal shelter took possession of it.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nSubsection (6) applies to a person who is supplied an animal—\nby a person in accordance with subsection (1) ; or\nby a pound or animal shelter in accordance with subsection (4) .\nThe person (an on-supplier ) must not on-supply the animal to another person unless the on-supplier gives the other person—\nthe signed veterinary surgeon’s certificate given for the animal under subsection (1) ; or\nthe certificate given for the animal under subsection (4) .\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nIn this section—\nregulated procedure means—\ncropping a dog’s ear;\nremoving a cat’s claw;\ndocking the tail of a dog, horse or cow.\ns 29 sub 2022 No. 35 s 12\n(sec.29-ssec.1) A person (a supplier ) must not supply another person with an animal that the supplier knows has had a regulated procedure performed on it unless the supplier has given the other person a signed veterinary surgeon’s certificate stating that the operation was performed in the interests of the animal’s welfare. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.29-ssec.2) However, subsection (1) does not apply if— the animal was abandoned; and the supplier is surrendering the animal to a pound or animal shelter.\n(sec.29-ssec.3) Subsection (4) applies if— a pound or animal shelter takes possession of an animal that has had a regulated procedure performed on it; and the pound or animal shelter is not given a veterinary surgeon’s certificate for the animal in accordance with subsection (1) .\n(sec.29-ssec.4) The pound or animal shelter must not supply someone else the animal unless the pound or animal shelter gives the person a certificate stating that the animal had the regulated procedure performed on it before the pound or animal shelter took possession of it. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.29-ssec.5) Subsection (6) applies to a person who is supplied an animal— by a person in accordance with subsection (1) ; or by a pound or animal shelter in accordance with subsection (4) .\n(sec.29-ssec.6) The person (an on-supplier ) must not on-supply the animal to another person unless the on-supplier gives the other person— the signed veterinary surgeon’s certificate given for the animal under subsection (1) ; or the certificate given for the animal under subsection (4) . Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.29-ssec.7) In this section— regulated procedure means— cropping a dog’s ear; removing a cat’s claw; docking the tail of a dog, horse or cow.\n- (a) the animal was abandoned; and\n- (b) the supplier is surrendering the animal to a pound or animal shelter.\n- (a) a pound or animal shelter takes possession of an animal that has had a regulated procedure performed on it; and\n- (b) the pound or animal shelter is not given a veterinary surgeon’s certificate for the animal in accordance with subsection (1) .\n- (a) by a person in accordance with subsection (1) ; or\n- (b) by a pound or animal shelter in accordance with subsection (4) .\n- (a) the signed veterinary surgeon’s certificate given for the animal under subsection (1) ; or\n- (b) the certificate given for the animal under subsection (4) .\n- (a) cropping a dog’s ear;\n- (b) removing a cat’s claw;\n- (c) docking the tail of a dog, horse or cow.","sortOrder":43},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Restriction for person supplied animal that has undergone regulated procedure","content":"### sec.29A Restriction for person supplied animal that has undergone regulated procedure\n\nThis section applies if a person is supplied 1 of the following animals (each a supplied animal )—\na dog under section 28 ;\nan animal under section 29 .\nThe person must keep the certificate given for the supplied animal while the person remains in charge of the animal.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nThe person must, if required by an inspector, make the certificate given for the supplied animal available for inspection by the inspector.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nIn this section—\ncertificate , for a supplied animal, means—\na signed veterinary surgeon’s certificate given for the animal as stated in section 28 (1) or 29 (1) ; or\na certificate given for the animal as stated in section 28 (4) or 29 (4) .\ns 29A ins 2022 No. 35 s 12\n(sec.29A-ssec.1) This section applies if a person is supplied 1 of the following animals (each a supplied animal )— a dog under section 28 ; an animal under section 29 .\n(sec.29A-ssec.2) The person must keep the certificate given for the supplied animal while the person remains in charge of the animal. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.29A-ssec.3) The person must, if required by an inspector, make the certificate given for the supplied animal available for inspection by the inspector. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.29A-ssec.4) In this section— certificate , for a supplied animal, means— a signed veterinary surgeon’s certificate given for the animal as stated in section 28 (1) or 29 (1) ; or a certificate given for the animal as stated in section 28 (4) or 29 (4) .\n- (a) a dog under section 28 ;\n- (b) an animal under section 29 .\n- (a) a signed veterinary surgeon’s certificate given for the animal as stated in section 28 (1) or 29 (1) ; or\n- (b) a certificate given for the animal as stated in section 28 (4) or 29 (4) .","sortOrder":44},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Other prohibited and regulated conduct","content":"# Other prohibited and regulated conduct","sortOrder":45},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Other offences relating to dogs","content":"## Other offences relating to dogs","sortOrder":46},{"sectionNumber":"sec.30","sectionType":"section","heading":"Causing captive animal to be injured or killed by dog","content":"### sec.30 Causing captive animal to be injured or killed by dog\n\nA person must not knowingly cause an animal in captivity to be injured or killed by a dog.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 30 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1","sortOrder":47},{"sectionNumber":"sec.31","sectionType":"section","heading":"Releasing animal for injury or killing by dog","content":"### sec.31 Releasing animal for injury or killing by dog\n\nA person must not release an animal if the release is—\nto allow the animal to be injured or killed by a dog; or\nin 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.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 31 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1\n- (a) to allow the animal to be injured or killed by a dog; or\n- (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.","sortOrder":48},{"sectionNumber":"sec.32","sectionType":"section","heading":"Keeping or using kill or lure for blooding or coursing","content":"### sec.32 Keeping or using kill or lure for blooding or coursing\n\nA person must not keep or use an animal as a kill or lure—\nto give a dog a taste or sight of the animal’s blood; or\nto race or train a coursing dog.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nFor subsection (1) (a) , it does not matter whether the dog has previously tasted or seen the blood of the animal or of another animal.\ns 32 amd 2013 No. 51 s 229 sch 1 ; 2016 No. 28 s 4 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.32-ssec.1) A person must not keep or use an animal as a kill or lure— to give a dog a taste or sight of the animal’s blood; or to race or train a coursing dog. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.32-ssec.2) For subsection (1) (a) , it does not matter whether the dog has previously tasted or seen the blood of the animal or of another animal.\n- (a) to give a dog a taste or sight of the animal’s blood; or\n- (b) to race or train a coursing dog.","sortOrder":49},{"sectionNumber":"sec.33","sectionType":"section","heading":"Transporting dogs","content":"### sec.33 Transporting dogs\n\nA driver must not transport a dog inside a vehicle if any part of the dog, other than its head, is able to protrude from the vehicle.\nMaximum penalty—60 penalty units.\nA driver must not transport a dog on the tray of a vehicle or on a trailer unless the dog is secured in such a way as to prevent it from—\nfalling off, or out of, the tray or trailer; or\nmoving off the tray or trailer; or\nbeing injured by the movement of the vehicle or trailer.\nMaximum penalty—60 penalty units.\nHowever, subsection (2) does not apply if—\nthe dog is being transported on the tray of a vehicle or on a trailer; and\nthe purpose of transporting the dog is to assist in the movement of livestock.\ns 33 sub 2022 No. 35 s 13\n(sec.33-ssec.1) A driver must not transport a dog inside a vehicle if any part of the dog, other than its head, is able to protrude from the vehicle. Maximum penalty—60 penalty units.\n(sec.33-ssec.2) A driver must not transport a dog on the tray of a vehicle or on a trailer unless the dog is secured in such a way as to prevent it from— falling off, or out of, the tray or trailer; or moving off the tray or trailer; or being injured by the movement of the vehicle or trailer. Maximum penalty—60 penalty units.\n(sec.33-ssec.3) However, subsection (2) does not apply if— the dog is being transported on the tray of a vehicle or on a trailer; and the purpose of transporting the dog is to assist in the movement of livestock.\n- (a) falling off, or out of, the tray or trailer; or\n- (b) moving off the tray or trailer; or\n- (c) being injured by the movement of the vehicle or trailer.\n- (a) the dog is being transported on the tray of a vehicle or on a trailer; and\n- (b) the purpose of transporting the dog is to assist in the movement of livestock.","sortOrder":50},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Possession or use of certain traps or spurs","content":"## Possession or use of certain traps or spurs","sortOrder":51},{"sectionNumber":"sec.34","sectionType":"section","heading":"Possession of prohibited trap or spur unlawful","content":"### sec.34 Possession of prohibited trap or spur unlawful\n\nA person must not possess any of the following (a prohibited trap or spur ) unless the person has a reasonable excuse—\na trap prescribed under a regulation to be a prohibited trap;\na spur with sharpened or fixed rowels;\na cockfighting spur cap.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse to possess a prohibited trap or spur if—\nit has been rendered inoperable for use as a prohibited trap or spur; and\nthe possession is for display or part of a collection.\nIn this section—\nspur includes any device similar to a spur.\n(sec.34-ssec.1) A person must not possess any of the following (a prohibited trap or spur ) unless the person has a reasonable excuse— a trap prescribed under a regulation to be a prohibited trap; a spur with sharpened or fixed rowels; a cockfighting spur cap. Maximum penalty—100 penalty units.\n(sec.34-ssec.2) It is a reasonable excuse to possess a prohibited trap or spur if— it has been rendered inoperable for use as a prohibited trap or spur; and the possession is for display or part of a collection.\n(sec.34-ssec.3) In this section— spur includes any device similar to a spur.\n- (a) a trap prescribed under a regulation to be a prohibited trap;\n- (b) a spur with sharpened or fixed rowels;\n- (c) a cockfighting spur cap.\n- (a) it has been rendered inoperable for use as a prohibited trap or spur; and\n- (b) the possession is for display or part of a collection.","sortOrder":52},{"sectionNumber":"sec.35","sectionType":"section","heading":"Use of prohibited trap or spur unlawful","content":"### sec.35 Use of prohibited trap or spur unlawful\n\nA person must not use a prohibited trap or spur as a trap or spur.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 35 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1","sortOrder":53},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Baits or harmful substances","content":"## Baits or harmful substances","sortOrder":54},{"sectionNumber":"sec.36","sectionType":"section","heading":"Prohibitions","content":"### sec.36 Prohibitions\n\nA person must not, with the intention of injuring or killing an animal, administer to, or feed, the animal a substance the person knows is harmful or poisonous to the animal.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nHowever, subsection (1) does not apply to a person authorised to administer the substance to the animal under the Medicines and Poisons Act 2019 .\nA 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.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nIn this section—\nlay includes deposit, distribute, leave and throw.\ns 36 amd 2013 No. 51 s 229 sch 1 ; 2015 No. 15 s 20 ; 2019 No. 26 s 290 sch 2 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.36-ssec.1) A person must not, with the intention of injuring or killing an animal, administer to, or feed, the animal a substance the person knows is harmful or poisonous to the animal. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.36-ssec.2) However, subsection (1) does not apply to a person authorised to administer the substance to the animal under the Medicines and Poisons Act 2019 .\n(sec.36-ssec.3) 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.\n(sec.36-ssec.4) In this section— lay includes deposit, distribute, leave and throw.","sortOrder":55},{"sectionNumber":"ch.3-pt.5-div.4","sectionType":"division","heading":"Allowing animal to injure or kill another animal","content":"## Allowing animal to injure or kill another animal","sortOrder":56},{"sectionNumber":"sec.37","sectionType":"section","heading":"Unlawfully allowing an animal to injure or kill another animal","content":"### sec.37 Unlawfully allowing an animal to injure or kill another animal\n\nA person in control of an animal (the first animal ) must not unlawfully allow it to injure or kill another animal (the second animal ).\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nThe person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens—\nthe first animal was under the person’s immediate supervision; and\nThe first animal is within the person’s sight.\nthe person—\nwas aware of the second animal’s presence; and\nought 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\ndid not take reasonable steps to prevent the injury or killing.\nIf the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it.\nIf the first animal is a cat, caging the cat while the second animal is vulnerable to it.\ns 37 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.37-ssec.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.\n(sec.37-ssec.2) The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens— the first animal was under the person’s immediate supervision; and The first animal is within the person’s sight. the person— was aware of the second animal’s presence; and 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 did not take reasonable steps to prevent the injury or killing. If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. If the first animal is a cat, caging the cat while the second animal is vulnerable to it.\n- (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.\n- (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.\n- (i) was aware of the second animal’s presence; and\n- (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\n- (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.\n- 1 If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it.\n- 2 If the first animal is a cat, caging the cat while the second animal is vulnerable to it.\n- (i) was aware of the second animal’s presence; and\n- (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\n- (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.\n- 1 If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it.\n- 2 If the first animal is a cat, caging the cat while the second animal is vulnerable to it.\n- 1 If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it.\n- 2 If the first animal is a cat, caging the cat while the second animal is vulnerable to it.","sortOrder":57},{"sectionNumber":"ch.3-pt.5-div.5","sectionType":"division","heading":"Possession or use of prohibited devices","content":"## Possession or use of prohibited devices","sortOrder":58},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Possession or use of prohibited devices","content":"### sec.37A Possession or use of prohibited devices\n\nA person must not possess any of the following devices (each a prohibited device ) unless the person has a reasonable excuse—\na prong collar;\nanother restraint device prescribed by regulation.\nMaximum penalty—30 penalty units.\nA person must not use a prohibited device on an animal unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIn this section—\nprong collar means a collar that—\nis designed for use on a dog; and\nconsists of a series of links or segments with prongs, teeth or blunted open ends turned towards the skin of a dog so that, when the collar is tightened, the collar pinches the skin around the dog’s neck.\nrestraint device means a device fitted to an animal for the purpose of restraining it.\ncollars, leads, harnesses, muzzles, halters\ns 37A ins 2022 No. 35 s 14\n(sec.37A-ssec.1) A person must not possess any of the following devices (each a prohibited device ) unless the person has a reasonable excuse— a prong collar; another restraint device prescribed by regulation. Maximum penalty—30 penalty units.\n(sec.37A-ssec.2) A person must not use a prohibited device on an animal unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.37A-ssec.3) In this section— prong collar means a collar that— is designed for use on a dog; and consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the skin of a dog so that, when the collar is tightened, the collar pinches the skin around the dog’s neck. restraint device means a device fitted to an animal for the purpose of restraining it. collars, leads, harnesses, muzzles, halters\n- (a) a prong collar;\n- (b) another restraint device prescribed by regulation.\n- (a) is designed for use on a dog; and\n- (b) consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the skin of a dog so that, when the collar is tightened, the collar pinches the skin around the dog’s neck.","sortOrder":59},{"sectionNumber":"ch.3-pt.5-div.6","sectionType":"division","heading":"Possession or use of prohibited nets","content":"## Possession or use of prohibited nets","sortOrder":60},{"sectionNumber":"sec.37B","sectionType":"section","heading":"Possession or use of prohibited nets","content":"### sec.37B Possession or use of prohibited nets\n\nA person must not possess a net prescribed by a regulation (a prohibited net ) unless the person has a reasonable excuse.\nMaximum penalty—30 penalty units.\nA person must not use a prohibited net unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 37B ins 2022 No. 35 s 14\n(sec.37B-ssec.1) A person must not possess a net prescribed by a regulation (a prohibited net ) unless the person has a reasonable excuse. Maximum penalty—30 penalty units.\n(sec.37B-ssec.2) A person must not use a prohibited net unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":61},{"sectionNumber":"ch.3-pt.5-div.7","sectionType":"division","heading":"Firing or blistering","content":"## Firing or blistering","sortOrder":62},{"sectionNumber":"sec.37C","sectionType":"section","heading":"Firing or blistering on horses and dogs","content":"### sec.37C Firing or blistering on horses and dogs\n\nA person must not apply extreme heat or cold, or acid or another caustic chemical, to the leg of a horse or dog with the intention of causing tissue damage or developing scar tissue around the ligaments or tendons of the animal’s leg.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 37C ins 2022 No. 35 s 14\n(sec.37C-ssec) A person must not apply extreme heat or cold, or acid or another caustic chemical, to the leg of a horse or dog with the intention of causing tissue damage or developing scar tissue around the ligaments or tendons of the animal’s leg. Maximum penalty—300 penalty units or 1 year’s imprisonment.","sortOrder":63},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":64},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":65},{"sectionNumber":"sec.38","sectionType":"section","heading":"Operation of pt 6","content":"### sec.38 Operation of pt 6\n\nSections 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.\nIf 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.\nThe Justices Act 1886 , section 76 , applies to each exemption.\nThis part does not limit another provision of this Act that creates an exemption to which the Justices Act 1886 , section 76 , applies.\ns 38 amd 2012 No. 23 s 9\n(sec.38-ssec.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.\n(sec.38-ssec.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.\n(sec.38-ssec.3) The Justices Act 1886 , section 76 , applies to each exemption.\n(sec.38-ssec.4) This part does not limit another provision of this Act that creates an exemption to which the Justices Act 1886 , section 76 , applies.","sortOrder":66},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Compliance with relevant code","content":"## Compliance with relevant code","sortOrder":67},{"sectionNumber":"sec.39","sectionType":"section","heading":"Offences excluded from div 2","content":"### sec.39 Offences excluded from div 2\n\nThis division does not apply to an offence—\nagainst section 15 ; or\nto which division 3 applies.\n- (a) against section 15 ; or\n- (b) to which division 3 applies.","sortOrder":68},{"sectionNumber":"sec.40","sectionType":"section","heading":"Compliance with relevant code of practice or scientific use code","content":"### sec.40 Compliance with relevant code of practice or scientific use code\n\nIt is an offence exemption for an offence if—\nfor an offence constituted by doing an act—\na code of practice or the scientific use code states requirements for how the act may be carried out; and\nthe requirements, to the extent they are relevant to the act, have been complied with; or\nfor an offence constituted by making an omission—\na code of practice or the scientific use code states circumstances in which the omission may be made; and\nthe stated circumstances for making the omission have happened.\nHowever, 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 with any duty of care the defendant owed to each animal to which the act or omission relates.\n(sec.40-ssec.1) It is an offence exemption for an offence if— for an offence constituted by doing an act— a code of practice or the scientific use code states requirements for how the act may be carried out; and the requirements, to the extent they are relevant to the act, have been complied with; or for an offence constituted by making an omission— a code of practice or the scientific use code states circumstances in which the omission may be made; and the stated circumstances for making the omission have happened.\n(sec.40-ssec.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 with any duty of care the defendant owed to each animal to which the act or omission relates.\n- (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\n- (i) a code of practice or the scientific use code states requirements for how the act may be carried out; and\n- (ii) the requirements, to the extent they are relevant to the act, have been complied with; or\n- (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.\n- (i) a code of practice or the scientific use code states circumstances in which the omission may be made; and\n- (ii) the stated circumstances for making the omission have happened.\n- (i) a code of practice or the scientific use code states requirements for how the act may be carried out; and\n- (ii) the requirements, to the extent they are relevant to the act, have been complied with; or\n- (i) a code of practice or the scientific use code states circumstances in which the omission may be made; and\n- (ii) the stated circumstances for making the omission have happened.","sortOrder":69},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Other offence exemptions","content":"## Other offence exemptions","sortOrder":70},{"sectionNumber":"sec.41","sectionType":"section","heading":"Limits on application of offence exemptions under div 3","content":"### sec.41 Limits on application of offence exemptions under div 3\n\nThis section applies if—\nan offence exemption under this division would, other than for this section, apply for an offence; and\na code of practice states requirements for how the act that constitutes the offence may be carried out.\nThe offence exemption only applies if the provisions of the code, to the extent they are relevant to the act, have been complied with.\nAlso, 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.\n(sec.41-ssec.1) This section applies if— an offence exemption under this division would, other than for this section, apply for an offence; and a code of practice states requirements for how the act that constitutes the offence may be carried out.\n(sec.41-ssec.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.\n(sec.41-ssec.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.\n- (a) an offence exemption under this division would, other than for this section, apply for an offence; and\n- (b) a code of practice states requirements for how the act that constitutes the offence may be carried out.","sortOrder":71},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Killing an animal under Aboriginal tradition, Island custom or native title","content":"### sec.41A Killing an animal under Aboriginal tradition, Island custom or native title\n\nThis section applies for an offence if the act that constitutes the offence—\ninvolves the killing of an animal; and\nis done—\nin the exercise of native title rights and interests; or\nunder the authority of another law of the State or the Commonwealth to take the animal to exercise Aboriginal tradition or Island custom; or\nunder the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 .\nhunting and killing an animal for personal consumption\nIt 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.\nFor subsection (2) , the following acts or omissions are taken not to cause the animal as little pain as is reasonable—\ninjuring the animal to stop it escaping after it has been caught;\ninjuring the animal or prolonging its life to attract another animal;\ntaking flesh from the animal for human consumption before the animal is dead;\ndoing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.\nIn this section—\ntake , under the authority of another law, includes take, keep or use under the authority of the Nature Conservation Act 1992 .\ns 41A ins 2012 No. 23 s 10\namd 2014 No. 45 s 58 sch 1 pt 2\n(sec.41A-ssec.1) This section applies for an offence if the act that constitutes the offence— involves the killing of an animal; and is done— in the exercise of native title rights and interests; or under the authority of another law of the State or the Commonwealth to take the animal to exercise Aboriginal tradition or Island custom; or under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 . hunting and killing an animal for personal consumption\n(sec.41A-ssec.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.\n(sec.41A-ssec.3) For subsection (2) , the following acts or omissions are taken not to cause the animal as little pain as is reasonable— injuring the animal to stop it escaping after it has been caught; injuring the animal or prolonging its life to attract another animal; taking flesh from the animal for human consumption before the animal is dead; doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.\n(sec.41A-ssec.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 .\n- (a) involves the killing of an animal; and\n- (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 (iii) under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 .\n- (i) in the exercise of native title rights and interests; or\n- (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\n- (iii) under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 .\n- (i) in the exercise of native title rights and interests; or\n- (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\n- (iii) under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 .\n- (a) injuring the animal to stop it escaping after it has been caught;\n- (b) injuring the animal or prolonging its life to attract another animal;\n- (c) taking flesh from the animal for human consumption before the animal is dead;\n- (d) doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation.","sortOrder":72},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Euthanasing sick or injured animals by veterinary surgeons","content":"### sec.41B Euthanasing sick or injured animals by veterinary surgeons\n\nThis section applies for an offence if the act that constitutes the offence—\ninvolves the killing of an animal; and\nis done by a veterinary surgeon.\nIn a proceeding for the offence, it is a defence for a veterinary surgeon to prove—\nthat the act was done in the belief that the animal was so diseased or severely injured, or in such poor physical or psychological condition, that it would have been cruel to keep it alive; and\nthat the act was done in a humane way; and\nthat the veterinary surgeon took reasonable steps to identify and contact the person in charge of the animal before doing the act.\nWithout limiting subsection (2) (c) , reasonable steps include—\nscanning the animal for a microchip; and\nsearching any relevant registers; and\nsearching the animal for any other form of identification, including, for example, collars or tags.\ns 41B ins 2022 No. 35 s 15\n(sec.41B-ssec.1) This section applies for an offence if the act that constitutes the offence— involves the killing of an animal; and is done by a veterinary surgeon.\n(sec.41B-ssec.2) In a proceeding for the offence, it is a defence for a veterinary surgeon to prove— that the act was done in the belief that the animal was so diseased or severely injured, or in such poor physical or psychological condition, that it would have been cruel to keep it alive; and that the act was done in a humane way; and that the veterinary surgeon took reasonable steps to identify and contact the person in charge of the animal before doing the act.\n(sec.41B-ssec.3) Without limiting subsection (2) (c) , reasonable steps include— scanning the animal for a microchip; and searching any relevant registers; and searching the animal for any other form of identification, including, for example, collars or tags.\n- (a) involves the killing of an animal; and\n- (b) is done by a veterinary surgeon.\n- (a) that the act was done in the belief that the animal was so diseased or severely injured, or in such poor physical or psychological condition, that it would have been cruel to keep it alive; and\n- (b) that the act was done in a humane way; and\n- (c) that the veterinary surgeon took reasonable steps to identify and contact the person in charge of the animal before doing the act.\n- (a) scanning the animal for a microchip; and\n- (b) searching any relevant registers; and\n- (c) searching the animal for any other form of identification, including, for example, collars or tags.","sortOrder":73},{"sectionNumber":"sec.42","sectionType":"section","heading":"Feral or pest animals","content":"### sec.42 Feral or pest animals\n\nThis section applies for an offence if the act that constitutes the offence is—\nan act done by a person to control a feral animal or pest animal, including, for example, by killing it; and\nthe act does not involve the use of—\na prohibited trap or spur; or\na poison that includes the ingredients carbon disulfide and phosphorus.\nCSSP Pig Poison\nIt is an offence exemption for the offence—\nif the act is done in a way that causes the animal as little pain as is reasonable; and\nthe control complies with any conditions prescribed under a regulation.\nIn this section—\nferal 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.\nbuffalo, cats, dogs, donkeys, goats, horses and pigs\npest animal means any of the following—\na non-indigenous animal generally regarded as being a pest;\nblack rats, brown rats and cane toads\nan animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ;\nSee the Biosecurity Act 2014 , schedule 1 or schedule 2 .\nSee also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\nan animal declared under a regulation made under this Act to be a pest;\nan animal required to be controlled under an Act;\nan animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act.\ns 42 amd 2014 No. 7 s 578 s ch 4 pt 2 ; 2022 No. 35 s 16\n(sec.42-ssec.1) This section applies for an offence if the act that constitutes the offence is— an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and the act does not involve the use of— a prohibited trap or spur; or a poison that includes the ingredients carbon disulfide and phosphorus. CSSP Pig Poison\n(sec.42-ssec.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; and the control complies with any conditions prescribed under a regulation.\n(sec.42-ssec.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. buffalo, cats, dogs, donkeys, goats, horses and pigs pest animal means any of the following— a non-indigenous animal generally regarded as being a pest; black rats, brown rats and cane toads an animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ; See the Biosecurity Act 2014 , schedule 1 or schedule 2 . See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . an animal declared under a regulation made under this Act to be a pest; an animal required to be controlled under an Act; an animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act.\n- (a) an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and\n- (b) the act does not involve the use of— (i) a prohibited trap or spur; or (ii) a poison that includes the ingredients carbon disulfide and phosphorus. Example— CSSP Pig Poison\n- (i) a prohibited trap or spur; or\n- (ii) a poison that includes the ingredients carbon disulfide and phosphorus. Example— CSSP Pig Poison\n- (i) a prohibited trap or spur; or\n- (ii) a poison that includes the ingredients carbon disulfide and phosphorus. Example— CSSP Pig Poison\n- (a) if the act is done in a way that causes the animal as little pain as is reasonable; and\n- (b) the control complies with any conditions prescribed under a regulation.\n- (a) a non-indigenous animal generally regarded as being a pest; Examples— black rats, brown rats and cane toads\n- (b) an animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ; Notes— 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 . 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- (c) an animal declared under a regulation made under this Act to be a pest;\n- (d) an animal required to be controlled under an Act;\n- (e) an animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act.\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .","sortOrder":74},{"sectionNumber":"sec.43","sectionType":"section","heading":"Animals used to feed another animal","content":"### sec.43 Animals used to feed another animal\n\nIt is an offence exemption for an offence for a person if—\nthe act that constitutes the offence involves using an animal (the food animal ) as live food for another animal (the fed animal ); and\nthe food animal and the fed animal are both lawfully kept by the person; and\nthe fed animal will only eat the food animal if it is alive; and\nfeeding the food animal to the fed animal is essential for the fed animal’s survival.\n- (a) the act that constitutes the offence involves using an animal (the food animal ) as live food for another animal (the fed animal ); and\n- (b) the food animal and the fed animal are both lawfully kept by the person; and\n- (c) the fed animal will only eat the food animal if it is alive; and\n- (d) feeding the food animal to the fed animal is essential for the fed animal’s survival.","sortOrder":75},{"sectionNumber":"sec.44","sectionType":"section","heading":"Fishing using certain live bait","content":"### sec.44 Fishing using certain live bait\n\nIt is an offence exemption for an offence if—\nthe 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—\na fish;\nan invertebrate of a species from the class Cephalopoda or Malacostraca; and\nthe fishing or attempted fishing complies with any conditions prescribed under a regulation.\n- (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\n- (i) a fish;\n- (ii) an invertebrate of a species from the class Cephalopoda or Malacostraca; and\n- (b) the fishing or attempted fishing complies with any conditions prescribed under a regulation.\n- (i) a fish;\n- (ii) an invertebrate of a species from the class Cephalopoda or Malacostraca; and","sortOrder":76},{"sectionNumber":"sec.45","sectionType":"section","heading":"Slaughter under religious faith","content":"### sec.45 Slaughter under religious faith\n\nIt is an offence exemption for an offence if—\nthe act that constitutes the offence involves the slaughter, under a religious faith, of an animal; and\nthe slaughtered animal is to be used for human food; and\nthe person doing the slaughtering follows the religious faith.\n- (a) the act that constitutes the offence involves the slaughter, under a religious faith, of an animal; and\n- (b) the slaughtered animal is to be used for human food; and\n- (c) the person doing the slaughtering follows the religious faith.","sortOrder":77},{"sectionNumber":"sec.46","sectionType":"section","heading":"Use of fishing apparatus under shark fishing contract","content":"### sec.46 Use of fishing apparatus under shark fishing contract\n\nIt is an offence exemption for an offence if—\nthe act that constitutes the offence is the use of fishing apparatus under the Fisheries Act 1994 ; and\nthe use is—\nto protect persons from attack by sharks; and\ncarried out under an agreement between any person and the State for the disposal, tagging or taking of sharks.\n- (a) the act that constitutes the offence is the use of fishing apparatus under the Fisheries Act 1994 ; and\n- (b) the use is— (i) to protect persons from attack by sharks; and (ii) carried out under an agreement between any person and the State for the disposal, tagging or taking of sharks.\n- (i) to protect persons from attack by sharks; and\n- (ii) carried out under an agreement between any person and the State for the disposal, tagging or taking of sharks.\n- (i) to protect persons from attack by sharks; and\n- (ii) carried out under an agreement between any person and the State for the disposal, tagging or taking of sharks.","sortOrder":78},{"sectionNumber":"sec.47","sectionType":"section","heading":"Supplying animal","content":"### sec.47 Supplying animal\n\nIt is an offence exemption for an offence if—\nthe act that constitutes the offence is supplying an animal; and\nSee part 4 , division 3 (Restriction on supplying animals that have undergone a regulated procedure).\nthe supply is—\nby or for a prescribed entity; or\nby an inspector for the State.\ns 47 amd 2022 No. 35 s 17\n- (a) the act that constitutes the offence is supplying an animal; and Note— See part 4 , division 3 (Restriction on supplying animals that have undergone a regulated procedure).\n- (b) the supply is— (i) by or for a prescribed entity; or (ii) by an inspector for the State.\n- (i) by or for a prescribed entity; or\n- (ii) by an inspector for the State.\n- (i) by or for a prescribed entity; or\n- (ii) by an inspector for the State.","sortOrder":79},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":80},{"sectionNumber":"sec.48","sectionType":"section","heading":"When an animal is used for scientific purposes","content":"### sec.48 When an animal is used for scientific purposes\n\nAn animal is used for scientific purposes if it is used in an activity performed to acquire, demonstrate or develop knowledge or a technique in any field of science.\ndiagnosis\nenvironmental studies\nfield trials\nproducing biological products\nproduct testing\nresearch, including for example, creating or breeding a new line of animal\nteaching\nHowever, despite subsection (1) , banding a bird or tagging a fish is not use of the bird or fish for scientific purposes.\nThe 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) .\ns 48 amd 2022 No. 35 s 18\n(sec.48-ssec.1) An animal is used for scientific purposes if it is used in an activity performed to acquire, demonstrate or develop knowledge or a technique in any field of science. diagnosis environmental studies field trials producing biological products product testing research, including for example, creating or breeding a new line of animal teaching\n(sec.48-ssec.2) However, despite subsection (1) , banding a bird or tagging a fish is not use of the bird or fish for scientific purposes.\n(sec.48-ssec.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) .\n- • diagnosis\n- • environmental studies\n- • field trials\n- • producing biological products\n- • product testing\n- • research, including for example, creating or breeding a new line of animal\n- • teaching","sortOrder":81},{"sectionNumber":"sec.49","sectionType":"section","heading":"What is the scientific use code","content":"### sec.49 What is the scientific use code\n\nThe scientific use code means the ‘Australian code for the care and use of animals for scientific purposes 8th edition (2013)’, published by or for the National Health and Medical Research Council, including each new edition, as in force from time to time.\nOn the commencement of this subsection, the scientific use code was available on the National Health and Medical Research Council’s website at https://www.nhmrc.gov.au/guidelines/publications/ea28.\nThe 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—\nthe department’s head office; and\nother places the chief executive considers appropriate.\nIf 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.\nIn this section—\npublished includes publication on the internet website of the National Health and Medical Research Council.\ns 49 amd 2015 No. 15 s 21\n(sec.49-ssec.1) The scientific use code means the ‘Australian code for the care and use of animals for scientific purposes 8th edition (2013)’, published by or for the National Health and Medical Research Council, including each new edition, as in force from time to time. On the commencement of this subsection, the scientific use code was available on the National Health and Medical Research Council’s website at https://www.nhmrc.gov.au/guidelines/publications/ea28.\n(sec.49-ssec.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— the department’s head office; and other places the chief executive considers appropriate.\n(sec.49-ssec.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.\n(sec.49-ssec.4) In this section— published includes publication on the internet website of the National Health and Medical Research Council.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":82},{"sectionNumber":"sec.50","sectionType":"section","heading":"Definitions for ch 4","content":"### sec.50 Definitions for ch 4\n\nIn this chapter—\nanimal ethics committee means an animal ethics committee formed under the scientific use code.\nconviction , for an animal welfare offence, means a conviction, other than a spent conviction, for—\nan animal welfare offence; or\nan 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\nan 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) .\ndisqualifying event means—\na conviction for an animal welfare offence; or\nthe cancellation or suspension, under part 2 , division 4 , subdivision 2 , of registration; or\nthe 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.\nspent conviction ...\ns 50 def spent conviction om 2023 No. 23 s 247 sch 1 s 4\n- (a) an animal welfare offence; or\n- (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\n- (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) .\n- (a) a conviction for an animal welfare offence; or\n- (b) the cancellation or suspension, under part 2 , division 4 , subdivision 2 , of registration; or\n- (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.","sortOrder":83},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Registration of scientific users","content":"# Registration of scientific users","sortOrder":84},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Who must obtain registration","content":"## Who must obtain registration","sortOrder":85},{"sectionNumber":"sec.51","sectionType":"section","heading":"Requirement for registration","content":"### sec.51 Requirement for registration\n\nA 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—\nregistered; or\nan individual retained by a registered person acting in the course of the individual’s retainer; or\na 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.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nIn this section—\nretained means employed or engaged, whether or not for remuneration.\ns 51 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.51-ssec.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— registered; or an individual retained by a registered person acting in the course of the individual’s retainer; or 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.\n(sec.51-ssec.2) In this section— retained means employed or engaged, whether or not for remuneration.\n- (a) registered; or\n- (b) an individual retained by a registered person acting in the course of the individual’s retainer; or\n- (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.","sortOrder":86},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Obtaining registration","content":"## Obtaining registration","sortOrder":87},{"sectionNumber":"sec.52","sectionType":"section","heading":"Applying for registration","content":"### sec.52 Applying for registration\n\nA person may apply to the chief executive for, or to renew, registration (a registration application ).\nA registration application must—\nbe made in the approved form; and\nstate each of the following—\nthe applicant’s name and address;\nthe name of each animal ethics committee proposed for the applicant;\nterms of reference for each committee;\nif the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and\nbe supported by enough other information to enable the chief executive to decide the application; and\nbe accompanied by the prescribed fee.\n(sec.52-ssec.1) A person may apply to the chief executive for, or to renew, registration (a registration application ).\n(sec.52-ssec.2) A registration application must— be made in the approved form; and state each of the following— the applicant’s name and address; the name of each animal ethics committee proposed for the applicant; terms of reference for each committee; if the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and be supported by enough other information to enable the chief executive to decide the application; and be accompanied by the prescribed fee.\n- (a) be made in the approved form; and\n- (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\n- (i) the applicant’s name and address;\n- (ii) the name of each animal ethics committee proposed for the applicant;\n- (iii) terms of reference for each committee;\n- (iv) if the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and\n- (c) be supported by enough other information to enable the chief executive to decide the application; and\n- (d) be accompanied by the prescribed fee.\n- (i) the applicant’s name and address;\n- (ii) the name of each animal ethics committee proposed for the applicant;\n- (iii) terms of reference for each committee;\n- (iv) if the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and","sortOrder":88},{"sectionNumber":"sec.53","sectionType":"section","heading":"Chief executive may seek further documents or information","content":"### sec.53 Chief executive may seek further documents or information\n\nThe 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.\nThe notice may require the applicant to verify the correctness of the document or information by statutory declaration.\n(sec.53-ssec.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.\n(sec.53-ssec.2) The notice may require the applicant to verify the correctness of the document or information by statutory declaration.","sortOrder":89},{"sectionNumber":"sec.54","sectionType":"section","heading":"Deciding application","content":"### sec.54 Deciding application\n\nThe chief executive must consider and either grant or refuse each registration application within 28 days after the last of the following events to happen—\nthe making of the application;\nthe chief executive’s receipt of all necessary information to decide the application;\nif, under section 53 , the chief executive has required the applicant to give a document or information—the giving of the required document or information.\n- (a) the making of the application;\n- (b) the chief executive’s receipt of all necessary information to decide the application;\n- (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.","sortOrder":90},{"sectionNumber":"sec.55","sectionType":"section","heading":"Criteria for decision","content":"### sec.55 Criteria for decision\n\nThe 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.\nIn considering the application, the chief executive must consider—\nwhether a disqualifying event has happened in relation to the applicant or any proposed member of an animal ethics committee for the applicant; and\nif the applicant is a corporation, whether a disqualifying event has happened in relation to—\nany of its executive officers; or\nanother corporation of which any of its executive officers is, or has been, an executive officer; and\nanother matter prescribed under a regulation.\nSubsections (1) and (2) do not limit the matters the chief executive may consider.\n(sec.55-ssec.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.\n(sec.55-ssec.2) In considering the application, the chief executive must consider— whether a disqualifying event has happened in relation to the applicant or any proposed member of an animal ethics committee for the applicant; and if the applicant is a corporation, whether a disqualifying event has happened 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; and another matter prescribed under a regulation.\n(sec.55-ssec.3) Subsections (1) and (2) do not limit the matters the chief executive may consider.\n- (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\n- (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\n- (i) any of its executive officers; or\n- (ii) another corporation of which any of its executive officers is, or has been, an executive officer; and\n- (c) another matter prescribed under a regulation.\n- (i) any of its executive officers; or\n- (ii) another corporation of which any of its executive officers is, or has been, an executive officer; and","sortOrder":91},{"sectionNumber":"sec.56","sectionType":"section","heading":"Registration conditions","content":"### sec.56 Registration conditions\n\nThe chief executive may, in granting a registration application, impose conditions on the registration that are relevant and reasonable ( registration conditions ).","sortOrder":92},{"sectionNumber":"sec.57","sectionType":"section","heading":"Grant of registration application","content":"### sec.57 Grant of registration application\n\nIf a registration application is granted, the chief executive must as soon as practicable—\ncomply with section 61 in relation to the applicant; and\ngive the applicant a signed registration certificate in the approved form.\n- (a) comply with section 61 in relation to the applicant; and\n- (b) give the applicant a signed registration certificate in the approved form.","sortOrder":93},{"sectionNumber":"sec.58","sectionType":"section","heading":"Term of registration","content":"### sec.58 Term of registration\n\nRegistration is for the term stated on the registration certificate.\nThe stated term must not be longer than 4 years.\nA replacement registration certificate given under section 79 or 88 does not extend or otherwise affect the term.\ns 58 sub 2022 No. 35 s 19\n(sec.58-ssec.1) Registration is for the term stated on the registration certificate.\n(sec.58-ssec.2) The stated term must not be longer than 4 years.\n(sec.58-ssec.3) A replacement registration certificate given under section 79 or 88 does not extend or otherwise affect the term.","sortOrder":94},{"sectionNumber":"sec.59","sectionType":"section","heading":"Notice of refusal of registration application","content":"### sec.59 Notice of refusal of registration application\n\nThe 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—\na decision to refuse the application;\na decision to impose a registration condition.\n- (a) a decision to refuse the application;\n- (b) a decision to impose a registration condition.","sortOrder":95},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Register of scientific users","content":"## Register of scientific users","sortOrder":96},{"sectionNumber":"sec.60","sectionType":"section","heading":"Register","content":"### sec.60 Register\n\nThe chief executive must keep a register of persons registered to use animals for scientific purposes.\nThe chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form.\n(sec.60-ssec.1) The chief executive must keep a register of persons registered to use animals for scientific purposes.\n(sec.60-ssec.2) The chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form.","sortOrder":97},{"sectionNumber":"sec.61","sectionType":"section","heading":"Registration details","content":"### sec.61 Registration details\n\nThe register must state the following for each registered person—\nthe person’s name, address and registered number;\neach of the following items of information from the person’s registration application—\neach animal ethics committee for the person;\nthe terms of reference for each committee;\nif the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report;\nother information prescribed under a regulation.\nThe register may include other information the chief executive considers appropriate.\nThe information recorded under subsections (1) and (2) in the register for a registered person is called the person’s registration details .\n(sec.61-ssec.1) The register must state the following for each registered person— the person’s name, address and registered number; each of the following items of information from the person’s registration application— each animal ethics committee for the person; the terms of reference for each committee; if the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; other information prescribed under a regulation.\n(sec.61-ssec.2) The register may include other information the chief executive considers appropriate.\n(sec.61-ssec.3) The information recorded under subsections (1) and (2) in the register for a registered person is called the person’s registration details .\n- (a) the person’s name, address and registered number;\n- (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;\n- (i) each animal ethics committee for the person;\n- (ii) the terms of reference for each committee;\n- (iii) if the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report;\n- (c) other information prescribed under a regulation.\n- (i) each animal ethics committee for the person;\n- (ii) the terms of reference for each committee;\n- (iii) if the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report;","sortOrder":98},{"sectionNumber":"sec.62","sectionType":"section","heading":"Inspection of register","content":"### sec.62 Inspection of register\n\nSubject to section 70 , the chief executive must—\nkeep the register open for inspection, free of charge, by members of the public during office hours on business days at the department’s head office; and\nAt the commencement of this section, the department’s head office was at 41 George Street, Brisbane.\nallow a person to take extracts, free of charge, from the register; and\ngive a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.\ns 62 amd 2022 No. 35 s 20\n- (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 head office; and Note— At the commencement of this section, the department’s head office was at 41 George Street, Brisbane.\n- (b) allow a person to take extracts, free of charge, from the register; and\n- (c) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.","sortOrder":99},{"sectionNumber":"sec.63","sectionType":"section","heading":"False representations about registration","content":"### sec.63 False representations about registration\n\nA 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.\nMaximum penalty—150 penalty units.","sortOrder":100},{"sectionNumber":"sec.64","sectionType":"section","heading":"Who may apply","content":"### sec.64 Who may apply\n\nA 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.\nHowever, a disclosure exemption can be given for the person’s name only if the person is an individual.\n(sec.64-ssec.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.\n(sec.64-ssec.2) However, a disclosure exemption can be given for the person’s name only if the person is an individual.","sortOrder":101},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirements for application","content":"### sec.65 Requirements for application\n\nA disclosure exemption application must be in the approved form and state—\nthat the registration details, or proposed registration details, the subject of the application are—\nnot required to be disclosed under another law of the State; and\nnot publicly available; and\nthat 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\nthe nature of the disadvantage.\n- (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\n- (i) not required to be disclosed under another law of the State; and\n- (ii) not publicly available; and\n- (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\n- (c) the nature of the disadvantage.\n- (i) not required to be disclosed under another law of the State; and\n- (ii) not publicly available; and","sortOrder":102},{"sectionNumber":"sec.66","sectionType":"section","heading":"Deciding application","content":"### sec.66 Deciding application\n\nThe 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—\nthe making of the application;\nif the applicant is not a registered person—the deciding of the registration application to which the disclosure exemption application relates.\n- (a) the making of the application;\n- (b) if the applicant is not a registered person—the deciding of the registration application to which the disclosure exemption application relates.","sortOrder":103},{"sectionNumber":"sec.67","sectionType":"section","heading":"Criteria for decision","content":"### sec.67 Criteria for decision\n\nThe chief executive may grant a disclosure exemption only if the chief executive is satisfied—\nthe registration details the subject of the exemption are—\nnot required to be disclosed under another law of the State; and\nnot publicly available; and\ndisclosure 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\nthe disadvantage outweighs the public interest in the details being disclosed.\n- (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\n- (i) not required to be disclosed under another law of the State; and\n- (ii) not publicly available; and\n- (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\n- (c) the disadvantage outweighs the public interest in the details being disclosed.\n- (i) not required to be disclosed under another law of the State; and\n- (ii) not publicly available; and","sortOrder":104},{"sectionNumber":"sec.68","sectionType":"section","heading":"Exemption may be limited","content":"### sec.68 Exemption may be limited\n\nThe chief executive may grant a disclosure exemption for the whole or part of the registration details the subject of the relevant application.","sortOrder":105},{"sectionNumber":"sec.69","sectionType":"section","heading":"Notice of refusal of disclosure exemption application","content":"### sec.69 Notice of refusal of disclosure exemption application\n\nThe 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—\na decision to refuse the application;\na decision to grant a disclosure exemption, but for only part of the registration details the subject of the relevant application.\n- (a) a decision to refuse the application;\n- (b) a decision to grant a disclosure exemption, but for only part of the registration details the subject of the relevant application.","sortOrder":106},{"sectionNumber":"sec.70","sectionType":"section","heading":"Effects of disclosure exemption","content":"### sec.70 Effects of disclosure exemption\n\nThe chief executive must not allow a person (the first person ) to inspect, take extracts from or copy exempted material unless—\nthe relevant registered person has agreed in writing; or\nthe first person is performing functions under or in relation to the administration of this Act; or\nthe disclosure is expressly permitted or required under another Act.\nAn 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) .\nMaximum penalty—100 penalty units.\nIn this section—\nexempted material means any of the following that the relevant registered person has not publicly disclosed—\nthe registration details the subject of a disclosure exemption;\na part of a document submitted, or proposed to be submitted, under this Act that contains the details.\nofficial means—\na person who is, or has been, a public service employee; or\nanother person performing functions under or in relation to the administration of this Act.\n(sec.70-ssec.1) The chief executive must not allow a person (the first person ) to inspect, take extracts from or copy exempted material unless— the relevant registered person has agreed in writing; or the first person is performing functions under or in relation to the administration of this Act; or the disclosure is expressly permitted or required under another Act.\n(sec.70-ssec.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.\n(sec.70-ssec.3) In this section— exempted material means any of the following that the relevant registered person has not publicly disclosed— the registration details the subject of a disclosure exemption; a part of a document submitted, or proposed to be submitted, under this Act that contains the details. official means— a person who is, or has been, a public service employee; or another person performing functions under or in relation to the administration of this Act.\n- (a) the relevant registered person has agreed in writing; or\n- (b) the first person is performing functions under or in relation to the administration of this Act; or\n- (c) the disclosure is expressly permitted or required under another Act.\n- (a) the registration details the subject of a disclosure exemption;\n- (b) a part of a document submitted, or proposed to be submitted, under this Act that contains the details.\n- (a) a person who is, or has been, a public service employee; or\n- (b) another person performing functions under or in relation to the administration of this Act.","sortOrder":107},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Amendment, cancellation or suspension","content":"## Amendment, cancellation or suspension","sortOrder":108},{"sectionNumber":"sec.71","sectionType":"section","heading":"Amendments for which proposed action notice not required","content":"### sec.71 Amendments for which proposed action notice not required\n\nThe 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—\nis to correct a clerical or formal error; or\ndoes not adversely affect the person’s interests; or\nis at the person’s written request.\n- (a) is to correct a clerical or formal error; or\n- (b) does not adversely affect the person’s interests; or\n- (c) is at the person’s written request.","sortOrder":109},{"sectionNumber":"sec.72","sectionType":"section","heading":"Amendments for which proposed action notice is required","content":"### sec.72 Amendments for which proposed action notice is required\n\nThe chief executive may amend a person’s registration if—\nthe chief executive considers the amendment necessary or desirable; and\nthe procedure under subdivision 3 is followed.\n- (a) the chief executive considers the amendment necessary or desirable; and\n- (b) the procedure under subdivision 3 is followed.","sortOrder":110},{"sectionNumber":"sec.73","sectionType":"section","heading":"Conditions for cancellation or suspension","content":"### sec.73 Conditions for cancellation or suspension\n\nThe chief executive may cancel or suspend a person’s registration if—\nan event mentioned in subsection (2) has happened; and\nthe procedure under subdivision 3 is followed.\nFor subsection (1) , the event is any of the following—\nthe registration was because of a materially false or misleading representation or declaration, made either orally or in writing;\nthe person has not complied with a registration condition;\nthe person has not paid a fee prescribed under this Act in relation to the registration;\nif the person is an individual—\na disqualifying event happens in relation to the individual; or\nthe individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors;\nif the person is a corporation—\na 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\nit becomes insolvent as defined under the Corporations Act , section 95A ;\na disqualifying event happens in relation to a member of an animal ethics committee for the person;\nan animal ethics committee for the person has not—\nperformed any of its functions under the scientific use code; or\ncomplied with the code to the extent it is relevant to the committee.\n(sec.73-ssec.1) The chief executive may cancel or suspend a person’s registration if— an event mentioned in subsection (2) has happened; and the procedure under subdivision 3 is followed.\n(sec.73-ssec.2) For subsection (1) , the event is any of the following— the registration was because of a materially false or misleading representation or declaration, made either orally or in writing; the person has not complied with a registration condition; the person has not paid a fee prescribed under this Act in relation to the registration; if the person is an individual— a disqualifying event happens in relation to the individual; or the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors; if the person is a corporation— 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 it becomes insolvent as defined under the Corporations Act , section 95A ; a disqualifying event happens in relation to a member of an animal ethics committee for the person; an animal ethics committee for the person has not— performed any of its functions under the scientific use code; or complied with the code to the extent it is relevant to the committee.\n- (a) an event mentioned in subsection (2) has happened; and\n- (b) the procedure under subdivision 3 is followed.\n- (a) the registration was because of a materially false or misleading representation or declaration, made either orally or in writing;\n- (b) the person has not complied with a registration condition;\n- (c) the person has not paid a fee prescribed under this Act in relation to the registration;\n- (d) if the person is an individual— (i) a disqualifying event happens in relation to the individual; or (ii) the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors;\n- (i) a disqualifying event happens in relation to the individual; or\n- (ii) the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors;\n- (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 ;\n- (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\n- (ii) it becomes insolvent as defined under the Corporations Act , section 95A ;\n- (f) a disqualifying event happens in relation to a member of an animal ethics committee for the person;\n- (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.\n- (i) performed any of its functions under the scientific use code; or\n- (ii) complied with the code to the extent it is relevant to the committee.\n- (i) a disqualifying event happens in relation to the individual; or\n- (ii) the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors;\n- (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\n- (ii) it becomes insolvent as defined under the Corporations Act , section 95A ;\n- (i) performed any of its functions under the scientific use code; or\n- (ii) complied with the code to the extent it is relevant to the committee.","sortOrder":111},{"sectionNumber":"sec.74","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.74 Application of sdiv 3\n\nThis subdivision applies if the chief executive proposes to—\namend, under section 72 , a person’s registration details; or\ncancel or suspend a person’s registration.\n- (a) amend, under section 72 , a person’s registration details; or\n- (b) cancel or suspend a person’s registration.","sortOrder":112},{"sectionNumber":"sec.75","sectionType":"section","heading":"Notice of proposed action","content":"### sec.75 Notice of proposed action\n\nThe chief executive must give the person a notice stating each of the following—\nthe action (the proposed action ) the chief executive proposes to take under this subdivision;\nthe grounds for the proposed action;\nthe facts and circumstances that are the basis for the grounds;\nif the proposed action is to amend registration details—the proposed amendment;\nif the proposed action is to suspend the registration—the proposed suspension period;\nthat the holder may make, within a stated period, written representations to show why the proposed action should not be taken.\nThe stated period must end at least 28 days after the holder is given the notice.\n(sec.75-ssec.1) The chief executive must give the person a notice stating each of the following— the action (the proposed action ) the chief executive proposes to take under this subdivision; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is to amend registration details—the proposed amendment; if the proposed action is to suspend the registration—the proposed suspension period; that the holder may make, within a stated period, written representations to show why the proposed action should not be taken.\n(sec.75-ssec.2) The stated period must end at least 28 days after the holder is given the notice.\n- (a) the action (the proposed action ) the chief executive proposes to take under this subdivision;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances that are the basis for the grounds;\n- (d) if the proposed action is to amend registration details—the proposed amendment;\n- (e) if the proposed action is to suspend the registration—the proposed suspension period;\n- (f) that the holder may make, within a stated period, written representations to show why the proposed action should not be taken.","sortOrder":113},{"sectionNumber":"sec.76","sectionType":"section","heading":"Considering representations","content":"### sec.76 Considering representations\n\nThe chief executive must consider any written representation made under section 75 by the person within the period stated in the notice.\nIf 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.\n(sec.76-ssec.1) The chief executive must consider any written representation made under section 75 by the person within the period stated in the notice.\n(sec.76-ssec.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.","sortOrder":114},{"sectionNumber":"sec.77","sectionType":"section","heading":"Decision on proposed action","content":"### sec.77 Decision on proposed action\n\nIf, after complying with section 76 , the chief executive still believes a ground exists to take the proposed action, the chief executive may decide to—\nif the proposed action was to amend registration details—make the amendment; or\nif the proposed action was to suspend the registration for a stated period—suspend the registration for no longer than the proposed suspension period; or\nif the proposed action was to cancel the registration—\ncancel the registration; or\nsuspend it for a fixed period.\n- (a) if the proposed action was to amend registration details—make the amendment; or\n- (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\n- (c) if the proposed action was to cancel the registration— (i) cancel the registration; or (ii) suspend it for a fixed period.\n- (i) cancel the registration; or\n- (ii) suspend it for a fixed period.\n- (i) cancel the registration; or\n- (ii) suspend it for a fixed period.","sortOrder":115},{"sectionNumber":"sec.78","sectionType":"section","heading":"Notice and taking of effect of proposed action decision","content":"### sec.78 Notice and taking of effect of proposed action decision\n\nThe chief executive must, as soon as practicable after making a decision under section 77 , give the person an information notice about the decision.\nThe decision takes effect on the later of the following—\nthe day the notice is given to the holder;\na later day of effect stated in the notice.\nHowever, if the decision was to cancel or suspend the registration because of a conviction, the cancellation or suspension—\ndoes not take effect until—\nthe period to appeal against the conviction ends; and\nif an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and\nhas no effect if the conviction is quashed on appeal.\n(sec.78-ssec.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.\n(sec.78-ssec.2) The decision takes effect on the later of the following— the day the notice is given to the holder; a later day of effect stated in the notice.\n(sec.78-ssec.3) However, if the decision was to cancel or suspend the registration because of a conviction, the cancellation or suspension— does not take effect until— the period to appeal against the conviction ends; and if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and has no effect if the conviction is quashed on appeal.\n- (a) the day the notice is given to the holder;\n- (b) a later day of effect stated in the notice.\n- (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\n- (i) the period to appeal against the conviction ends; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and\n- (b) has no effect if the conviction is quashed on appeal.\n- (i) the period to appeal against the conviction ends; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and","sortOrder":116},{"sectionNumber":"sec.79","sectionType":"section","heading":"Replacement of registration certificate","content":"### sec.79 Replacement of registration certificate\n\nIf 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.","sortOrder":117},{"sectionNumber":"sec.80","sectionType":"section","heading":"Requirement to record suspension","content":"### sec.80 Requirement to record suspension\n\nIf 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.","sortOrder":118},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Investigation of applicants and registered persons","content":"## Investigation of applicants and registered persons","sortOrder":119},{"sectionNumber":"sec.81","sectionType":"section","heading":"Application of div 5","content":"### sec.81 Application of div 5\n\nThis division applies if the chief executive is making a decision (the registration decision ) about whether or not to—\ngrant a registration application; or\ntake proposed action in relation to a person’s registration.\n- (a) grant a registration application; or\n- (b) take proposed action in relation to a person’s registration.","sortOrder":120},{"sectionNumber":"sec.82","sectionType":"section","heading":"Animal welfare offence reports","content":"### sec.82 Animal welfare offence reports\n\nThe 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—\nany convictions for animal welfare offences recorded against—\nthe applicant; or\nthe registered person; or\nany member or proposed member of an animal ethics committee for the applicant or registered person; and\nif the applicant or registered person is a corporation, whether a disqualifying event has happened in relation to—\nany of its executive officers; and\nanother corporation of which any of its executive officers is, or has been, an executive officer.\nThe report must be prepared from—\ninformation in the commissioner’s possession; and\ninformation the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions.\nHowever, subsection (2) is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 .\n(sec.82-ssec.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— any convictions for animal welfare offences recorded against— the applicant; or the registered person; or any member or proposed member of an animal ethics committee for the applicant or registered person; and if the applicant or registered person is a corporation, whether a disqualifying event has happened in relation to— any of its executive officers; and another corporation of which any of its executive officers is, or has been, an executive officer.\n(sec.82-ssec.2) The report must be prepared from— information in the commissioner’s possession; and information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions.\n(sec.82-ssec.3) However, subsection (2) is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 .\n- (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\n- (i) the applicant; or\n- (ii) the registered person; or\n- (iii) any member or proposed member of an animal ethics committee for the applicant or registered person; and\n- (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 (ii) another corporation of which any of its executive officers is, or has been, an executive officer.\n- (i) any of its executive officers; and\n- (ii) another corporation of which any of its executive officers is, or has been, an executive officer.\n- (i) the applicant; or\n- (ii) the registered person; or\n- (iii) any member or proposed member of an animal ethics committee for the applicant or registered person; and\n- (i) any of its executive officers; and\n- (ii) another corporation of which any of its executive officers is, or has been, an executive officer.\n- (a) information in the commissioner’s possession; and\n- (b) information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions.","sortOrder":121},{"sectionNumber":"sec.83","sectionType":"section","heading":"Use of information in animal welfare offence report","content":"### sec.83 Use of information in animal welfare offence report\n\nThis section applies if the chief executive is considering information about a person contained in an animal welfare offence report.\nThe information must not be used for any purpose other than to make the registration decision.\nWhen 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—\nwhen the offence was committed;\nthe nature of the offence and its relevance to the decision.\n(sec.83-ssec.1) This section applies if the chief executive is considering information about a person contained in an animal welfare offence report.\n(sec.83-ssec.2) The information must not be used for any purpose other than to make the registration decision.\n(sec.83-ssec.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— when the offence was committed; the nature of the offence and its relevance to the decision.\n- (a) when the offence was committed;\n- (b) the nature of the offence and its relevance to the decision.","sortOrder":122},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notice of use of information in animal welfare offence report","content":"### sec.84 Notice of use of information in animal welfare offence report\n\nBefore using information contained in an animal welfare offence report to make the registration decision, the chief executive must—\ndisclose the information to the person to whom the report relates; and\nallow the person a reasonable opportunity to make representations to the chief executive about the information.\n- (a) disclose the information to the person to whom the report relates; and\n- (b) allow the person a reasonable opportunity to make representations to the chief executive about the information.","sortOrder":123},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2020 No. 3 s 7","sortOrder":124},{"sectionNumber":"sec.86","sectionType":"section","heading":"Destruction of animal welfare offence reports","content":"### sec.86 Destruction of animal welfare offence reports\n\nThis section applies if the chief executive has obtained an animal welfare offence report and the registration decision has been made.\nThe chief executive must destroy the report as soon as practicable after the later of the following—\nif a conviction is mentioned in the report—\nthe end of the period to appeal against the conviction; or\nthe deciding or the ending of any appeal against the conviction and any appeal from that appeal;\nthe end of any period under this Act to appeal against, or apply for a review of, the registration decision;\nthe deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review.\n(sec.86-ssec.1) This section applies if the chief executive has obtained an animal welfare offence report and the registration decision has been made.\n(sec.86-ssec.2) The chief executive must destroy the report as soon as practicable after the later of the following— if a conviction is mentioned in the report— the end of the period to appeal against the conviction; or the deciding or the ending of any appeal against the conviction and any appeal from that appeal; the end of any period under this Act to appeal against, or apply for a review of, the registration decision; the deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review.\n- (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;\n- (i) the end of the period to appeal against the conviction; or\n- (ii) the deciding or the ending of any appeal against the conviction and any appeal from that appeal;\n- (b) the end of any period under this Act to appeal against, or apply for a review of, the registration decision;\n- (c) the deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review.\n- (i) the end of the period to appeal against the conviction; or\n- (ii) the deciding or the ending of any appeal against the conviction and any appeal from that appeal;","sortOrder":125},{"sectionNumber":"ch.4-pt.2-div.6","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":126},{"sectionNumber":"sec.87","sectionType":"section","heading":"Reporting obligations of registered persons","content":"### sec.87 Reporting obligations of registered persons\n\nEach 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) .\nMaximum penalty—150 penalty units.\nFor subsection (1) , an annual report must state—\ninformation prescribed under a regulation about—\nanimals the person has used, or allowed to be used, for scientific purposes; and\ncomplaints, enquiries and grievances about the use of animals for scientific purposes; and\nanother matter prescribed under a regulation about the scientific use of animals by the person.\nThe chief executive and the registered person may, by writing, agree to change the reporting day to another day (the new reporting day ).\nIf the reporting day is changed—\nthe 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\nsubject to paragraph (a) , the period mentioned in subsection (1) is taken to be changed to the equivalent period that corresponds with the change.\ns 87 amd 2006 No. 48 s 7\n(sec.87-ssec.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.\n(sec.87-ssec.2) For subsection (1) , an annual report must state— information prescribed under a regulation about— animals the person has used, or allowed to be used, for scientific purposes; and complaints, enquiries and grievances about the use of animals for scientific purposes; and another matter prescribed under a regulation about the scientific use of animals by the person.\n(sec.87-ssec.3) The chief executive and the registered person may, by writing, agree to change the reporting day to another day (the new reporting day ).\n(sec.87-ssec.4) If the reporting day is changed— 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 subject to paragraph (a) , the period mentioned in subsection (1) is taken to be changed to the equivalent period that corresponds with the change.\n- (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\n- (i) animals the person has used, or allowed to be used, for scientific purposes; and\n- (ii) complaints, enquiries and grievances about the use of animals for scientific purposes; and\n- (b) another matter prescribed under a regulation about the scientific use of animals by the person.\n- (i) animals the person has used, or allowed to be used, for scientific purposes; and\n- (ii) complaints, enquiries and grievances about the use of animals for scientific purposes; and\n- (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\n- (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.","sortOrder":127},{"sectionNumber":"sec.87A","sectionType":"section","heading":"Notification of change in circumstances","content":"### sec.87A Notification of change in circumstances\n\nThis section applies to a registered person if—\na disqualifying event happens in relation to the person; or\na material particular in the information given for the person’s application for registration changes.\nThe person must give notice of the event or change to the chief executive within 7 business days after the event or change happens.\nMaximum penalty—50 penalty units.\ns 87A ins 2022 No. 35 s 21\n(sec.87A-ssec.1) This section applies to a registered person if— a disqualifying event happens in relation to the person; or a material particular in the information given for the person’s application for registration changes.\n(sec.87A-ssec.2) The person must give notice of the event or change to the chief executive within 7 business days after the event or change happens. Maximum penalty—50 penalty units.\n- (a) a disqualifying event happens in relation to the person; or\n- (b) a material particular in the information given for the person’s application for registration changes.","sortOrder":128},{"sectionNumber":"sec.88","sectionType":"section","heading":"Replacement registration certificates","content":"### sec.88 Replacement registration certificates\n\nA 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.\nThe application must be in the approved form and accompanied by the fee prescribed under a regulation.\nThe 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.\n(sec.88-ssec.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.\n(sec.88-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation.\n(sec.88-ssec.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.","sortOrder":129},{"sectionNumber":"sec.89","sectionType":"section","heading":"No transfer of registration","content":"### sec.89 No transfer of registration\n\nA person’s registration can not be transferred.","sortOrder":130},{"sectionNumber":"sec.90","sectionType":"section","heading":"Surrender of registration","content":"### sec.90 Surrender of registration\n\nA registered person may, by notice to the chief executive, surrender the registration.\nThe surrender takes effect on the later of the following—\nthe day the notice is given;\na day stated in the notice for the surrender.\n(sec.90-ssec.1) A registered person may, by notice to the chief executive, surrender the registration.\n(sec.90-ssec.2) The surrender takes effect on the later of the following— the day the notice is given; a day stated in the notice for the surrender.\n- (a) the day the notice is given;\n- (b) a day stated in the notice for the surrender.","sortOrder":131},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Restrictions on scientific users","content":"# Restrictions on scientific users","sortOrder":132},{"sectionNumber":"sec.91","sectionType":"section","heading":"Use for scientific purposes must comply with code","content":"### sec.91 Use for scientific purposes must comply with code\n\nA person must not use an animal for a scientific purpose, or allow an animal to be used for a scientific purpose, unless—\nthe use is approved by an animal ethics committee whose registered terms of reference includes monitoring the use; and\nany requirements of the committee made under the scientific use code in relation to the use have been complied with; and\nthe provisions of the code, to the extent they are relevant to the use, have been complied with.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 91 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1\n- (a) the use is approved by an animal ethics committee whose registered terms of reference includes monitoring the use; and\n- (b) any requirements of the committee made under the scientific use code in relation to the use have been complied with; and\n- (c) the provisions of the code, to the extent they are relevant to the use, have been complied with.","sortOrder":133},{"sectionNumber":"sec.92","sectionType":"section","heading":"Use for certain scientific purposes unlawful","content":"### sec.92 Use for certain scientific purposes unlawful\n\nA person must not, without the chief executive’s written approval—\nconduct the test commonly known as the Draize eye or skin irritancy test, or a similar test; or\nconduct the test commonly known as the classical LD 50 test, or a similar test; or\nuse an animal for a scientific purpose if the use involves—\na sunscreen product; or\nan ingredient of a sunscreen product.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 92 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 18 ; 2024 No. 17 s 192 s ch 1 pt 1\n- (a) conduct the test commonly known as the Draize eye or skin irritancy test, or a similar test; or\n- (b) conduct the test commonly known as the classical LD 50 test, or a similar test; or\n- (c) use an animal for a scientific purpose if the use involves— (i) a sunscreen product; or (ii) an ingredient of a sunscreen product.\n- (i) a sunscreen product; or\n- (ii) an ingredient of a sunscreen product.\n- (i) a sunscreen product; or\n- (ii) an ingredient of a sunscreen product.","sortOrder":134},{"sectionNumber":"sec.93","sectionType":"section","heading":"Obtaining approval to use for unlawful scientific purpose","content":"### sec.93 Obtaining approval to use for unlawful scientific purpose\n\nA 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 .\nThe application must be in the approved form and accompanied by the fee prescribed under a regulation.\nThe chief executive must consider and either grant or refuse the application within 28 days after the making of the application.\nHowever, the chief executive may grant the application only if the chief executive is satisfied—\nthe test or use has been approved by the animal ethics committee whose registered terms of reference includes monitoring the test or use; and\nany requirements of the committee made under the scientific use code in relation to the test or use are likely to be complied with.\nSubsection (4) does not limit the matters the chief executive may consider.\nIf the application is granted, the approval takes effect on the later of the following—\nthe day the applicant is given notice of the approval;\na later day of effect stated in the notice.\nIf 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.\n(sec.93-ssec.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 .\n(sec.93-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation.\n(sec.93-ssec.3) The chief executive must consider and either grant or refuse the application within 28 days after the making of the application.\n(sec.93-ssec.4) However, the chief executive may grant the application only if the chief executive is satisfied— the test or use has been approved by the animal ethics committee whose registered terms of reference includes monitoring the test or use; and any requirements of the committee made under the scientific use code in relation to the test or use are likely to be complied with.\n(sec.93-ssec.5) Subsection (4) does not limit the matters the chief executive may consider.\n(sec.93-ssec.6) If the application is granted, the approval takes effect on the later of the following— the day the applicant is given notice of the approval; a later day of effect stated in the notice.\n(sec.93-ssec.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.\n- (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\n- (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.\n- (a) the day the applicant is given notice of the approval;\n- (b) a later day of effect stated in the notice.","sortOrder":135},{"sectionNumber":"ch.4B-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":136},{"sectionNumber":"sec.93S","sectionType":"section","heading":"Definitions for chapter","content":"### sec.93S Definitions for chapter\n\nIn this chapter—\nlivestock includes alpacas, buffalo, camels, deer, emus, goats, ostriches, pigs or poultry.\nlivestock slaughter facility means a facility used to slaughter—\nhorses; or\nother livestock of a kind or class prescribed by regulation.\ns 93S ins 2022 No. 35 s 22\n(sec.93S-ssec) In this chapter— livestock includes alpacas, buffalo, camels, deer, emus, goats, ostriches, pigs or poultry. livestock slaughter facility means a facility used to slaughter— horses; or other livestock of a kind or class prescribed by regulation.\n- (a) horses; or\n- (b) other livestock of a kind or class prescribed by regulation.","sortOrder":137},{"sectionNumber":"ch.4B-pt.2","sectionType":"part","heading":"Closed-circuit television equipment for livestock slaughter facilities","content":"# Closed-circuit television equipment for livestock slaughter facilities","sortOrder":138},{"sectionNumber":"sec.93T","sectionType":"section","heading":"Closed-circuit television equipment","content":"### sec.93T Closed-circuit television equipment\n\nThe owner of a livestock slaughter facility must install, maintain and operate closed-circuit television equipment at the facility that records movement at the facility as required by subsection (2) .\nMaximum penalty—300 penalty units.\nThe closed-circuit television equipment must clearly record the movement of livestock at each of the following locations at the livestock slaughter facility (each a monitoring point )—\nan entrance to the facility;\nan area used to unload livestock;\nan area used to hold livestock;\nan area at which livestock is handled before slaughter;\nan area used to slaughter livestock, including, the areas used to restrain, exsanguinate or stun livestock.\ns 93T ins 2022 No. 35 s 22\n(sec.93T-ssec.1) The owner of a livestock slaughter facility must install, maintain and operate closed-circuit television equipment at the facility that records movement at the facility as required by subsection (2) . Maximum penalty—300 penalty units.\n(sec.93T-ssec.2) The closed-circuit television equipment must clearly record the movement of livestock at each of the following locations at the livestock slaughter facility (each a monitoring point )— an entrance to the facility; an area used to unload livestock; an area used to hold livestock; an area at which livestock is handled before slaughter; an area used to slaughter livestock, including, the areas used to restrain, exsanguinate or stun livestock.\n- (a) an entrance to the facility;\n- (b) an area used to unload livestock;\n- (c) an area used to hold livestock;\n- (d) an area at which livestock is handled before slaughter;\n- (e) an area used to slaughter livestock, including, the areas used to restrain, exsanguinate or stun livestock.","sortOrder":139},{"sectionNumber":"sec.93U","sectionType":"section","heading":"Requirements for closed-circuit television equipment","content":"### sec.93U Requirements for closed-circuit television equipment\n\nThe owner of a livestock slaughter facility must—\nensure that closed-circuit television equipment at the facility—\nmeets the minimum requirements for the equipment prescribed by regulation; and\ncomplies with all requirements about maintaining the equipment prescribed by regulation; and\nis recording at all times when livestock is at the facility; and\nstore each recording made by closed-circuit television equipment at the facility in a secure place in compliance with all requirements about storage prescribed by regulation.\nMaximum penalty—300 penalty units.\ns 93U ins 2022 No. 35 s 22\n(sec.93U-ssec) The owner of a livestock slaughter facility must— ensure that closed-circuit television equipment at the facility— meets the minimum requirements for the equipment prescribed by regulation; and complies with all requirements about maintaining the equipment prescribed by regulation; and is recording at all times when livestock is at the facility; and store each recording made by closed-circuit television equipment at the facility in a secure place in compliance with all requirements about storage prescribed by regulation. Maximum penalty—300 penalty units.\n- (a) ensure that closed-circuit television equipment at the facility— (i) meets the minimum requirements for the equipment prescribed by regulation; and (ii) complies with all requirements about maintaining the equipment prescribed by regulation; and (iii) is recording at all times when livestock is at the facility; and\n- (i) meets the minimum requirements for the equipment prescribed by regulation; and\n- (ii) complies with all requirements about maintaining the equipment prescribed by regulation; and\n- (iii) is recording at all times when livestock is at the facility; and\n- (b) store each recording made by closed-circuit television equipment at the facility in a secure place in compliance with all requirements about storage prescribed by regulation.\n- (i) meets the minimum requirements for the equipment prescribed by regulation; and\n- (ii) complies with all requirements about maintaining the equipment prescribed by regulation; and\n- (iii) is recording at all times when livestock is at the facility; and","sortOrder":140},{"sectionNumber":"sec.93V","sectionType":"section","heading":"Signs to be displayed at livestock slaughter facilities","content":"### sec.93V Signs to be displayed at livestock slaughter facilities\n\nThe owner of a livestock slaughter facility must display signage at the facility in a way that is likely to make any person at the facility aware that closed-circuit television equipment is installed at the facility.\nMaximum penalty—30 penalty units.\ns 93V ins 2022 No. 35 s 22","sortOrder":141},{"sectionNumber":"sec.93W","sectionType":"section","heading":"Inspecting recordings","content":"### sec.93W Inspecting recordings\n\nThe owner of a livestock slaughter facility must keep each recording made by closed-circuit television equipment at the facility available for inspection by an inspector until the recording may be erased or destroyed under subsection (2) or (3) .\nMaximum penalty—300 penalty units.\nThe owner may only erase or destroy a recording 30 days after the recording is made.\nHowever, an inspector may, within 30 days after the recording is made, require that the owner not erase or destroy the recording earlier than 1 year and 30 days after it is made.\nA requirement made of the owner under subsection (3) must be made by written notice given to the owner.\ns 93W ins 2022 No. 35 s 22\n(sec.93W-ssec.1) The owner of a livestock slaughter facility must keep each recording made by closed-circuit television equipment at the facility available for inspection by an inspector until the recording may be erased or destroyed under subsection (2) or (3) . Maximum penalty—300 penalty units.\n(sec.93W-ssec.2) The owner may only erase or destroy a recording 30 days after the recording is made.\n(sec.93W-ssec.3) However, an inspector may, within 30 days after the recording is made, require that the owner not erase or destroy the recording earlier than 1 year and 30 days after it is made.\n(sec.93W-ssec.4) A requirement made of the owner under subsection (3) must be made by written notice given to the owner.","sortOrder":142},{"sectionNumber":"sec.93X","sectionType":"section","heading":"Operating closed-circuit television equipment","content":"### sec.93X Operating closed-circuit television equipment\n\nThe owner of a livestock slaughter facility must not allow closed-circuit television equipment at the facility to be operated by any person other than—\nthe owner; or\nanother person approved by the owner.\nMaximum penalty—300 penalty units.\ns 93X ins 2022 No. 35 s 22\n- (a) the owner; or\n- (b) another person approved by the owner.","sortOrder":143},{"sectionNumber":"sec.93Y","sectionType":"section","heading":"Use of recordings","content":"### sec.93Y Use of recordings\n\nA recording made by closed-circuit television equipment at a livestock slaughter facility may only be used by an inspector for the purpose of investigating or prosecuting an animal welfare offence, including using the recording as evidence of the offence.\nMaximum penalty—300 penalty units.\ns 93Y ins 2022 No. 35 s 22","sortOrder":144},{"sectionNumber":"ch.4B-pt.3","sectionType":"part","heading":"Requirement to notify chief executive","content":"# Requirement to notify chief executive","sortOrder":145},{"sectionNumber":"sec.93Z","sectionType":"section","heading":"Owner of livestock slaughter facility must notify chief executive of particular matters","content":"### sec.93Z Owner of livestock slaughter facility must notify chief executive of particular matters\n\nThe owner of a livestock slaughter facility must give the chief executive notice, in the approved form, of the arrival of any horse at the facility no later than 2 business days before the horse arrives at the facility.\nMaximum penalty—300 penalty units.\nHowever, if the owner is made aware of the arrival of a horse at the facility later than 2 business days before the horse arrives, the notice must be given to the chief executive as soon as possible after the owner becomes aware of the arrival.\ns 93Z ins 2022 No. 35 s 22\n(sec.93Z-ssec.1) The owner of a livestock slaughter facility must give the chief executive notice, in the approved form, of the arrival of any horse at the facility no later than 2 business days before the horse arrives at the facility. Maximum penalty—300 penalty units.\n(sec.93Z-ssec.2) However, if the owner is made aware of the arrival of a horse at the facility later than 2 business days before the horse arrives, the notice must be given to the chief executive as soon as possible after the owner becomes aware of the arrival.","sortOrder":146},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":147},{"sectionNumber":"sec.94","sectionType":"section","heading":"Purposes of ch 5","content":"### sec.94 Purposes of ch 5\n\nThe purposes of this chapter are to—\nensure compliance with compulsory code requirements and the scientific use code; and\nprevent animal suffering; and\npromote standards of animal care provided for under codes of practice.\nThe purposes are achieved by providing for—\nauthorised officers to monitor compulsory code requirements and the scientific use code; and\nprograms about carrying out the monitoring.\n(sec.94-ssec.1) The purposes of this chapter are to— ensure compliance with compulsory code requirements and the scientific use code; and prevent animal suffering; and promote standards of animal care provided for under codes of practice.\n(sec.94-ssec.2) The purposes are achieved by providing for— authorised officers to monitor compulsory code requirements and the scientific use code; and programs about carrying out the monitoring.\n- (a) ensure compliance with compulsory code requirements and the scientific use code; and\n- (b) prevent animal suffering; and\n- (c) promote standards of animal care provided for under codes of practice.\n- (a) authorised officers to monitor compulsory code requirements and the scientific use code; and\n- (b) programs about carrying out the monitoring.","sortOrder":148},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Monitoring programs","content":"# Monitoring programs","sortOrder":149},{"sectionNumber":"sec.95","sectionType":"section","heading":"Chief executive may make monitoring program","content":"### sec.95 Chief executive may make monitoring program\n\nThe 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 ).\nHowever, a failure to comply with a requirement of this part does not invalidate or otherwise affect the monitoring program.\nA monitoring program may be for any of the following—\nmore than 1 compulsory code requirement;\ncompulsory code requirements under different codes of practice;\na compulsory code requirement and the scientific use code.\n(sec.95-ssec.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 ).\n(sec.95-ssec.2) However, a failure to comply with a requirement of this part does not invalidate or otherwise affect the monitoring program.\n(sec.95-ssec.3) A monitoring program may be for any of the following— more than 1 compulsory code requirement; compulsory code requirements under different codes of practice; a compulsory code requirement and the scientific use code.\n- (a) more than 1 compulsory code requirement;\n- (b) compulsory code requirements under different codes of practice;\n- (c) a compulsory code requirement and the scientific use code.","sortOrder":150},{"sectionNumber":"sec.96","sectionType":"section","heading":"Publication of draft monitoring program","content":"### sec.96 Publication of draft monitoring program\n\nThe 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 ).\nThe notice must—\nidentify the relevant code provisions; and\nstate the following—\nwhere copies of the draft program may be inspected;\nthat any entity may comment about the draft program;\nthe period during which comments may be made.\nThe notice may identify a compulsory code requirement by reference to the regulation under which the requirement is a compulsory code requirement.\nThe stated period must be at least 28 days after the publication of the notice.\nA 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.\n(sec.96-ssec.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 ).\n(sec.96-ssec.2) The notice must— identify the relevant code provisions; and state the following— where copies of the draft program may be inspected; that any entity may comment about the draft program; the period during which comments may be made.\n(sec.96-ssec.3) The notice may identify a compulsory code requirement by reference to the regulation under which the requirement is a compulsory code requirement.\n(sec.96-ssec.4) The stated period must be at least 28 days after the publication of the notice.\n(sec.96-ssec.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.\n- (a) identify the relevant code provisions; and\n- (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.\n- (i) where copies of the draft program may be inspected;\n- (ii) that any entity may comment about the draft program;\n- (iii) the period during which comments may be made.\n- (i) where copies of the draft program may be inspected;\n- (ii) that any entity may comment about the draft program;\n- (iii) the period during which comments may be made.","sortOrder":151},{"sectionNumber":"sec.97","sectionType":"section","heading":"Comments to be considered before final program made","content":"### sec.97 Comments to be considered before final program made\n\nThe 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.","sortOrder":152},{"sectionNumber":"sec.98","sectionType":"section","heading":"Final monitoring program","content":"### sec.98 Final monitoring program\n\nThe chief executive may make a final monitoring program only by gazette notice.\nThe 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.\nThe chief executive must keep copies of the program open for public inspection during office hours on business days at—\nthe department’s head office; and\nother places the chief executive considers appropriate.\n(sec.98-ssec.1) The chief executive may make a final monitoring program only by gazette notice.\n(sec.98-ssec.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.\n(sec.98-ssec.3) The chief executive must keep copies of the program open for public inspection during office hours on business days at— the department’s head office; and other places the chief executive considers appropriate.\n- (a) the department’s head office; and\n- (b) other places the chief executive considers appropriate.","sortOrder":153},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Authorised officers","content":"# Authorised officers","sortOrder":154},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":155},{"sectionNumber":"sec.99","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.99 Appointment and qualifications\n\nThe chief executive may appoint an individual as an authorised officer.\nHowever, an individual may be appointed as an authorised officer only if—\nthe individual is—\na public service officer or public service employee; or\nincluded in a class of individuals declared under a regulation to be an approved class of persons for this section; and\nthe chief executive is satisfied the individual has—\nthe necessary expertise or experience to be an authorised officer; and\nsatisfactorily finished training approved by the chief executive.\nSubsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an authorised officer.\ns 99 amd 2022 No. 34 s 365 sch 3\n(sec.99-ssec.1) The chief executive may appoint an individual as an authorised officer.\n(sec.99-ssec.2) However, an individual may be appointed as an authorised officer only if— the individual is— a public service officer or public service employee; or included in a class of individuals declared under a regulation to be an approved class of persons for this section; and the chief executive is satisfied the individual has— the necessary expertise or experience to be an authorised officer; and satisfactorily finished training approved by the chief executive.\n(sec.99-ssec.3) Subsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an authorised officer.\n- (a) the individual is— (i) a public service officer or public service employee; or (ii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and\n- (i) a public service officer or public service employee; or\n- (ii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and\n- (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.\n- (i) the necessary expertise or experience to be an authorised officer; and\n- (ii) satisfactorily finished training approved by the chief executive.\n- (i) a public service officer or public service employee; or\n- (ii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and\n- (i) the necessary expertise or experience to be an authorised officer; and\n- (ii) satisfactorily finished training approved by the chief executive.","sortOrder":156},{"sectionNumber":"sec.100","sectionType":"section","heading":"Functions","content":"### sec.100 Functions\n\nThe functions of an authorised officer are to—\nmonitor compliance with compulsory code requirements and the scientific use code; and\npromote standards of animal care provided for under codes of practice.\n- (a) monitor compliance with compulsory code requirements and the scientific use code; and\n- (b) promote standards of animal care provided for under codes of practice.","sortOrder":157},{"sectionNumber":"sec.101","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.101 Appointment conditions and limit on powers\n\nAn authorised officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nWithout limiting subsection (1) , the instrument of appointment, a signed notice given to the officer or a regulation may—\nlimit the officer’s functions or powers under this or another Act; or\nThe 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.\nrequire 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.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.101-ssec.1) An authorised officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.101-ssec.2) Without limiting subsection (1) , the instrument of appointment, a signed notice given to the officer or a regulation may— limit the officer’s functions or powers under this or another Act; or 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. 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.\n(sec.101-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.\n- (a) limit the officer’s functions or powers under this or another Act; or 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.\n- (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.","sortOrder":158},{"sectionNumber":"sec.102","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.102 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the officer ceases to hold office;\nthe officer’s resignation under section 103 takes effect.\nSubsection (1) does not limit the ways an officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the officer holds office.\n(sec.102-ssec.1) An authorised officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the officer ceases to hold office; the officer’s resignation under section 103 takes effect.\n(sec.102-ssec.2) Subsection (1) does not limit the ways an officer may cease to hold office.\n(sec.102-ssec.3) In this section— condition of office means a condition on which the officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the officer ceases to hold office;\n- (c) the officer’s resignation under section 103 takes effect.","sortOrder":159},{"sectionNumber":"sec.103","sectionType":"section","heading":"Resignation","content":"### sec.103 Resignation\n\nAn authorised officer may resign by signed notice given to the chief executive.\nHowever, 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.\n(sec.103-ssec.1) An authorised officer may resign by signed notice given to the chief executive.\n(sec.103-ssec.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.","sortOrder":160},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":161},{"sectionNumber":"sec.104","sectionType":"section","heading":"Issue of identity card","content":"### sec.104 Issue of identity card\n\nThe chief executive must issue an identity card to each authorised officer.\nThe identity card must—\ncontain a recent photo of the officer; and\ncontain a copy of the officer’s signature; and\nidentify the person as an authorised officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the giving of a single identity card to a person for this Act and other purposes.\n(sec.104-ssec.1) The chief executive must issue an identity card to each authorised officer.\n(sec.104-ssec.2) The identity card must— contain a recent photo of the officer; and contain a copy of the officer’s signature; and identify the person as an authorised officer under this Act; and state an expiry date for the card.\n(sec.104-ssec.3) This section does not prevent the giving of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the officer; and\n- (b) contain a copy of the officer’s signature; and\n- (c) identify the person as an authorised officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":162},{"sectionNumber":"sec.105","sectionType":"section","heading":"Production or display of identity card","content":"### sec.105 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an authorised officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, 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.\nFor 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) .\n(sec.105-ssec.1) In exercising a power under this Act in relation to a person, an authorised officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.105-ssec.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.\n(sec.105-ssec.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) .\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":163},{"sectionNumber":"sec.106","sectionType":"section","heading":"Return of identity card","content":"### sec.106 Return of identity card\n\nA person who ceases to be an authorised officer must return the person’s identity card to the chief executive within 21 days after ceasing to be an authorised officer unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":164},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Powers of authorised officers","content":"# Powers of authorised officers","sortOrder":165},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":166},{"sectionNumber":"sec.107","sectionType":"section","heading":"General provisions about powers","content":"### sec.107 General provisions about powers\n\nAn authorised officer has the powers given under divisions 2 and 3 .\nHowever, an authorised officer may exercise a power only for the purpose of a monitoring program.\nA person may hold appointment as an authorised officer and an inspector.\nHowever, the person may only exercise the person’s powers as an inspector by complying with chapter 6 , part 2 .\n(sec.107-ssec.1) An authorised officer has the powers given under divisions 2 and 3 .\n(sec.107-ssec.2) However, an authorised officer may exercise a power only for the purpose of a monitoring program.\n(sec.107-ssec.3) A person may hold appointment as an authorised officer and an inspector.\n(sec.107-ssec.4) However, the person may only exercise the person’s powers as an inspector by complying with chapter 6 , part 2 .","sortOrder":167},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Entry powers","content":"## Entry powers","sortOrder":168},{"sectionNumber":"sec.108","sectionType":"section","heading":"Power of entry","content":"### sec.108 Power of entry\n\nAn authorised officer may enter and stay at a place, other than a vehicle, if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nan authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; or\nits 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.\nFor the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nA notice under subsection (1) (c) must state—\nthe purpose of the entry; and\nthat an authorised officer is permitted under this Act to enter the place without the person’s consent.\nIn this section—\nplace does not include a part of the place where a person resides.\n(sec.108-ssec.1) An authorised officer may enter and stay at a place, other than a vehicle, if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or an authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; or 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.\n(sec.108-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent— enter land around premises at the place to an extent that is reasonable to contact the occupier; or 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.\n(sec.108-ssec.3) A notice under subsection (1) (c) must state— the purpose of the entry; and that an authorised officer is permitted under this Act to enter the place without the person’s consent.\n(sec.108-ssec.4) In this section— place does not include a part of the place where a person resides.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) an authorised officer has given the occupier of the place at least 48 hours notice of the proposed entry; or\n- (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.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (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.\n- (a) the purpose of the entry; and\n- (b) that an authorised officer is permitted under this Act to enter the place without the person’s consent.","sortOrder":169},{"sectionNumber":"sec.109","sectionType":"section","heading":"Procedure for entry with consent","content":"### sec.109 Procedure for entry with consent\n\nThis 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) .\nBefore asking for the consent, the officer must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthat the officer may, under section 108 (1) (c) , enter the place by giving at least 48 hours notice of the proposed entry.\nIf the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the officer or another authorised officer consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the officer must promptly give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.109-ssec.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) .\n(sec.109-ssec.2) Before asking for the consent, the officer must tell the occupier— the purpose of the entry; and that the occupier is not required to consent; and that the officer may, under section 108 (1) (c) , enter the place by giving at least 48 hours notice of the proposed entry.\n(sec.109-ssec.3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent.\n(sec.109-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the officer or another authorised officer consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.109-ssec.5) If the occupier signs the acknowledgment, the officer must promptly give a copy to the occupier.\n(sec.109-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and 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.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent; and\n- (c) that the officer may, under section 108 (1) (c) , enter the place by giving at least 48 hours notice of the proposed entry.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the officer or another authorised officer consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":170},{"sectionNumber":"sec.110","sectionType":"section","heading":"Procedure for other entries","content":"### sec.110 Procedure for other entries\n\nThis section applies if—\nan authorised officer is intending to enter a place under section 108 (1) (b) , (c) or (d) ; and\nthe occupier of the place is present at the place.\nBefore entering the place, the officer must do or make a reasonable attempt to do the following things—\ncomply with section 105 for the occupier;\ntell the occupier the purpose of the entry;\ntell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\n(sec.110-ssec.1) This section applies if— an authorised officer is intending to enter a place under section 108 (1) (b) , (c) or (d) ; and the occupier of the place is present at the place.\n(sec.110-ssec.2) Before entering the place, the officer must do or make a reasonable attempt to do the following things— comply with section 105 for the occupier; tell the occupier the purpose of the entry; tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.\n- (a) an authorised officer is intending to enter a place under section 108 (1) (b) , (c) or (d) ; and\n- (b) the occupier of the place is present at the place.\n- (a) comply with section 105 for the occupier;\n- (b) tell the occupier the purpose of the entry;\n- (c) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":171},{"sectionNumber":"sec.111","sectionType":"section","heading":"Power of entry","content":"### sec.111 Power of entry\n\nAn authorised officer may enter and stay in a vehicle if—\nthe person in control of the vehicle consents to the entry; or\nthe vehicle is stationary and—\nthe 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\nthe 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.\n- (a) the person in control of the vehicle consents to the entry; or\n- (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.\n- (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\n- (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.\n- (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\n- (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.","sortOrder":172},{"sectionNumber":"sec.112","sectionType":"section","heading":"Procedure for entry without consent if person in control or occupier present","content":"### sec.112 Procedure for entry without consent if person in control or occupier present\n\nThis section applies if—\nan authorised officer is intending to enter a vehicle under section 111 (b) ; and\na person who is a person in control, or an occupier of, the vehicle is present at the vehicle.\nBefore entering the vehicle, the officer must do, or make a reasonable attempt to do, each of the following things—\ncomply with section 105 for the person;\ntell the person the purpose of the entry;\nseek the consent of the person to the entry;\ntell the person the officer is permitted under this Act to enter the vehicle without the person’s consent.\nIf 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.\nSubsection (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.\n(sec.112-ssec.1) This section applies if— an authorised officer is intending to enter a vehicle under section 111 (b) ; and a person who is a person in control, or an occupier of, the vehicle is present at the vehicle.\n(sec.112-ssec.2) Before entering the vehicle, the officer must do, or make a reasonable attempt to do, each of the following things— comply with section 105 for the person; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the officer is permitted under this Act to enter the vehicle without the person’s consent.\n(sec.112-ssec.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.\n(sec.112-ssec.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.\n- (a) an authorised officer is intending to enter a vehicle under section 111 (b) ; and\n- (b) a person who is a person in control, or an occupier of, the vehicle is present at the vehicle.\n- (a) comply with section 105 for the person;\n- (b) tell the person the purpose of the entry;\n- (c) seek the consent of the person to the entry;\n- (d) tell the person the officer is permitted under this Act to enter the vehicle without the person’s consent.","sortOrder":173},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":"Other powers","content":"## Other powers","sortOrder":174},{"sectionNumber":"sec.113","sectionType":"section","heading":"Certain inspectors’ powers apply for entry","content":"### sec.113 Certain inspectors’ powers apply for entry\n\nThis section applies if an authorised officer is entering, or has entered, a place under division 2 .\nHowever, 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.\nThe 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—\nsections 134 , 135 , 168 and 169 ;\nchapter 6 , part 2 , division 3 , other than section 137 (d) ;\nchapter 6 , part 2 , division 5 ;\nchapter 6 , part 3 .\n(sec.113-ssec.1) This section applies if an authorised officer is entering, or has entered, a place under division 2 .\n(sec.113-ssec.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.\n(sec.113-ssec.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— sections 134 , 135 , 168 and 169 ; chapter 6 , part 2 , division 3 , other than section 137 (d) ; chapter 6 , part 2 , division 5 ; chapter 6 , part 3 .\n- (a) sections 134 , 135 , 168 and 169 ;\n- (b) chapter 6 , part 2 , division 3 , other than section 137 (d) ;\n- (c) chapter 6 , part 2 , division 5 ;\n- (d) chapter 6 , part 3 .","sortOrder":175},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Inspectors","content":"# Inspectors","sortOrder":176},{"sectionNumber":"ch.6-pt.1-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":177},{"sectionNumber":"sec.114","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.114 Appointment and qualifications\n\nThe chief executive may appoint an individual as an inspector.\nHowever, an individual may be appointed as an inspector only if—\nthe individual is—\na public service officer or public service employee; or\nemployed by the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited; or\nincluded in a class of individuals declared under a regulation to be an approved class of persons for this section; and\nthe chief executive is satisfied the individual has—\nthe necessary expertise or experience to be an inspector; or\nsatisfactorily finished training approved by the chief executive.\nSubsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an inspector.\ns 114 amd 2020 No. 3 s 136 sch 1 ; 2022 No. 34 s 365 sch 3\n(sec.114-ssec.1) The chief executive may appoint an individual as an inspector.\n(sec.114-ssec.2) However, an individual may be appointed as an inspector only if— the individual is— a public service officer or public service employee; or employed by the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited; or included in a class of individuals declared under a regulation to be an approved class of persons for this section; and the chief executive is satisfied the individual has— the necessary expertise or experience to be an inspector; or satisfactorily finished training approved by the chief executive.\n(sec.114-ssec.3) Subsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an inspector.\n- (a) the individual is— (i) a public service officer or public service employee; or (ii) employed by the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited; or (iii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and\n- (i) a public service officer or public service employee; or\n- (ii) employed by the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited; or\n- (iii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and\n- (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.\n- (i) the necessary expertise or experience to be an inspector; or\n- (ii) satisfactorily finished training approved by the chief executive.\n- (i) a public service officer or public service employee; or\n- (ii) employed by the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited; or\n- (iii) included in a class of individuals declared under a regulation to be an approved class of persons for this section; and\n- (i) the necessary expertise or experience to be an inspector; or\n- (ii) satisfactorily finished training approved by the chief executive.","sortOrder":178},{"sectionNumber":"sec.115","sectionType":"section","heading":"Functions","content":"### sec.115 Functions\n\nThe functions of an inspector are to investigate and enforce compliance with the following—\nthis Act;\nthe Racing Integrity Act 2016 , section 195 ;\nthe Criminal Code , section 242 or 468 .\nTo remove any doubt, it is declared that the functions relating to investigating and enforcing compliance with this Act include investigating whether a person lawfully is doing or has done an act, or lawfully is making or has made an omission, authorised under an Act mentioned in section 7 (1) .\ns 115 amd 2014 No. 39 s 5\nsub 2016 No. 12 s 298\n(sec.115-ssec.1) The functions of an inspector are to investigate and enforce compliance with the following— this Act; the Racing Integrity Act 2016 , section 195 ; the Criminal Code , section 242 or 468 .\n(sec.115-ssec.2) To remove any doubt, it is declared that the functions relating to investigating and enforcing compliance with this Act include investigating whether a person lawfully is doing or has done an act, or lawfully is making or has made an omission, authorised under an Act mentioned in section 7 (1) .\n- (a) this Act;\n- (b) the Racing Integrity Act 2016 , section 195 ;\n- (c) the Criminal Code , section 242 or 468 .","sortOrder":179},{"sectionNumber":"sec.116","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.116 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nWithout limiting subsection (1) , the instrument of appointment, a signed notice given to the inspector or a regulation may—\nlimit the inspector’s functions or powers under this or another Act; or\nrequire the inspector to give the chief executive stated information or a report about the performance of the inspector’s functions or the exercise of the inspector’s powers.\nIn this section—\nsigned notice means a notice signed by the chief executive.\n(sec.116-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.116-ssec.2) Without limiting subsection (1) , the instrument of appointment, a signed notice given to the inspector or a regulation may— limit the inspector’s functions or powers under this or another Act; or require the inspector to give the chief executive stated information or a report about the performance of the inspector’s functions or the exercise of the inspector’s powers.\n(sec.116-ssec.3) In this section— signed notice means a notice signed by the chief executive.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.\n- (a) limit the inspector’s functions or powers under this or another Act; or\n- (b) require the inspector to give the chief executive stated information or a report about the performance of the inspector’s functions or the exercise of the inspector’s powers.","sortOrder":180},{"sectionNumber":"sec.117","sectionType":"section","heading":"When inspector ceases to hold office","content":"### sec.117 When inspector ceases to hold office\n\nAn inspector ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the inspector ceases to hold office;\nthe inspector’s resignation under section 118 takes effect;\nthe inspector’s appointment is cancelled under section 118D .\nSubsection (1) does not limit the ways an inspector may cease to hold office.\nIn this section—\ncondition of office means a condition on which the inspector holds office.\ns 117 amd 2022 No. 35 s 23\n(sec.117-ssec.1) An inspector ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the inspector ceases to hold office; the inspector’s resignation under section 118 takes effect; the inspector’s appointment is cancelled under section 118D .\n(sec.117-ssec.2) Subsection (1) does not limit the ways an inspector may cease to hold office.\n(sec.117-ssec.3) In this section— condition of office means a condition on which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the inspector ceases to hold office;\n- (c) the inspector’s resignation under section 118 takes effect;\n- (d) the inspector’s appointment is cancelled under section 118D .","sortOrder":181},{"sectionNumber":"sec.118","sectionType":"section","heading":"Resignation","content":"### sec.118 Resignation\n\nAn inspector may resign by signed notice given to the chief executive.\nHowever, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.\n(sec.118-ssec.1) An inspector may resign by signed notice given to the chief executive.\n(sec.118-ssec.2) However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.","sortOrder":182},{"sectionNumber":"ch.6-pt.1-div.1A","sectionType":"division","heading":"Cancellation or suspension of appointment","content":"## Cancellation or suspension of appointment","sortOrder":183},{"sectionNumber":"sec.118A","sectionType":"section","heading":"Grounds for suspending or cancelling appointment","content":"### sec.118A Grounds for suspending or cancelling appointment\n\nEach of the following is a ground for suspending or cancelling an inspector’s appointment—\nthe chief executive reasonably believes that the inspector is no longer suitable for appointment as an inspector under section 114 ;\nthe inspector failed to comply with a condition of the appointment.\ns 118A ins 2022 No. 35 s 24\n- (a) the chief executive reasonably believes that the inspector is no longer suitable for appointment as an inspector under section 114 ;\n- (b) the inspector failed to comply with a condition of the appointment.","sortOrder":184},{"sectionNumber":"sec.118B","sectionType":"section","heading":"Notice of proposed action","content":"### sec.118B Notice of proposed action\n\nThis section applies if the chief executive believes a ground exists for suspending or cancelling an inspectors appointment.\nThe chief executive must give the inspector a notice stating each of the following—\nthe action (the proposed action ) the chief executive proposes to take under this division;\nthe grounds for the proposed action;\nthe facts and circumstances that are the basis for the grounds;\nif the proposed action is to suspend the appointment—the proposed suspension period of not longer than 2 years;\nthat the inspector may, within a stated period, make written representations to show why the proposed action should not be taken.\nThe stated period must not end earlier than 28 days after the inspector is given the notice.\ns 118B ins 2022 No. 35 s 24\n(sec.118B-ssec.1) This section applies if the chief executive believes a ground exists for suspending or cancelling an inspectors appointment.\n(sec.118B-ssec.2) The chief executive must give the inspector a notice stating each of the following— the action (the proposed action ) the chief executive proposes to take under this division; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is to suspend the appointment—the proposed suspension period of not longer than 2 years; that the inspector may, within a stated period, make written representations to show why the proposed action should not be taken.\n(sec.118B-ssec.3) The stated period must not end earlier than 28 days after the inspector is given the notice.\n- (a) the action (the proposed action ) the chief executive proposes to take under this division;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances that are the basis for the grounds;\n- (d) if the proposed action is to suspend the appointment—the proposed suspension period of not longer than 2 years;\n- (e) that the inspector may, within a stated period, make written representations to show why the proposed action should not be taken.","sortOrder":185},{"sectionNumber":"sec.118C","sectionType":"section","heading":"Considering representations","content":"### sec.118C Considering representations\n\nThe chief executive must consider all written representations made under section 118B .\nAfter considering the written representations, the chief executive may decide to take no further action.\nIf the chief executive decides not to take any further action, the chief executive must give the inspector notice of the decision as soon as possible after making the decision.\ns 118C ins 2022 No. 35 s 24\n(sec.118C-ssec.1) The chief executive must consider all written representations made under section 118B .\n(sec.118C-ssec.2) After considering the written representations, the chief executive may decide to take no further action.\n(sec.118C-ssec.3) If the chief executive decides not to take any further action, the chief executive must give the inspector notice of the decision as soon as possible after making the decision.","sortOrder":186},{"sectionNumber":"sec.118D","sectionType":"section","heading":"Decision on proposed action","content":"### sec.118D Decision on proposed action\n\nIf, after considering all written representations made under section 118B , the chief executive believes a ground exists to take the proposed action, the chief executive may decide to—\nif the proposed action was to suspend the appointment—suspend the appointment for a period not longer than the suspension period stated in the notice given to the inspector under section 118B ; or\nif the proposed action was to cancel the appointment—\ncancel the appointment; or\nsuspend the appointment for a term of not longer than 2 years.\ns 118D ins 2022 No. 35 s 24\n- (a) if the proposed action was to suspend the appointment—suspend the appointment for a period not longer than the suspension period stated in the notice given to the inspector under section 118B ; or\n- (b) if the proposed action was to cancel the appointment— (i) cancel the appointment; or (ii) suspend the appointment for a term of not longer than 2 years.\n- (i) cancel the appointment; or\n- (ii) suspend the appointment for a term of not longer than 2 years.\n- (i) cancel the appointment; or\n- (ii) suspend the appointment for a term of not longer than 2 years.","sortOrder":187},{"sectionNumber":"sec.118E","sectionType":"section","heading":"Notice and effect of proposed action decision","content":"### sec.118E Notice and effect of proposed action decision\n\nAfter making a decision about an inspector’s appointment under section 118D , the chief executive must give the inspector an information notice about the decision as soon as practicable after making the decision.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the inspector;\na later day stated in the information notice.\ns 118E ins 2022 No. 35 s 24\n(sec.118E-ssec.1) After making a decision about an inspector’s appointment under section 118D , the chief executive must give the inspector an information notice about the decision as soon as practicable after making the decision.\n(sec.118E-ssec.2) The decision takes effect on the later of the following days— the day the information notice is given to the inspector; a later day stated in the information notice.\n- (a) the day the information notice is given to the inspector;\n- (b) a later day stated in the information notice.","sortOrder":188},{"sectionNumber":"ch.6-pt.1-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":189},{"sectionNumber":"sec.119","sectionType":"section","heading":"Issue of identity card","content":"### sec.119 Issue of identity card\n\nThe chief executive must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issuing of a single identity card to a person for this Act and other purposes.\n(sec.119-ssec.1) The chief executive must issue an identity card to each inspector.\n(sec.119-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.119-ssec.3) This section does not prevent the issuing of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":190},{"sectionNumber":"sec.120","sectionType":"section","heading":"Production or display of identity card","content":"### sec.120 Production or display of identity card\n\nAn inspector may exercise a power under this Act in relation to a person only if the inspector—\nfirst produces the inspector’s identity card for the person’s inspection; or\nhas the card displayed so that it is clearly visible to the person.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 122 (1)(b) or (2).\n(sec.120-ssec.1) An inspector may exercise a power under this Act in relation to a person only if the inspector— first produces the inspector’s identity card for the person’s inspection; or has the card displayed so that it is clearly visible to the person.\n(sec.120-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.120-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 122 (1)(b) or (2).\n- (a) first produces the inspector’s identity card for the person’s inspection; or\n- (b) has the card displayed so that it is clearly visible to the person.","sortOrder":191},{"sectionNumber":"sec.121","sectionType":"section","heading":"Return of identity card","content":"### sec.121 Return of identity card\n\nA person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf an inspector’s appointment is suspended under section 118D , the inspector must return the inspector’s identity card to the chief executive within 14 days after being given notice of the decision to suspend.\nMaximum penalty—20 penalty units.\ns 121 amd 2022 No. 35 s 25\n(sec.121-ssec.1) A person who ceases to be an inspector must return the person’s identity card to the chief executive within 21 days after ceasing to be an inspector unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.121-ssec.2) If an inspector’s appointment is suspended under section 118D , the inspector must return the inspector’s identity card to the chief executive within 14 days after being given notice of the decision to suspend. Maximum penalty—20 penalty units.","sortOrder":192},{"sectionNumber":"ch.6-pt.1-div.3","sectionType":"division","heading":"Training and reporting obligations","content":"## Training and reporting obligations","sortOrder":193},{"sectionNumber":"sec.121A","sectionType":"section","heading":"Training","content":"### sec.121A Training\n\nAn inspector must satisfactorily complete the training prescribed by regulation within the period required by regulation.\nMaximum penalty—20 penalty units.\ns 121A ins 2022 No. 35 s 26\n(sec.121A-ssec) An inspector must satisfactorily complete the training prescribed by regulation within the period required by regulation. Maximum penalty—20 penalty units.","sortOrder":194},{"sectionNumber":"sec.121B","sectionType":"section","heading":"Conflicts of interest","content":"### sec.121B Conflicts of interest\n\nAn inspector must give notice to the chief executive of all interests, pecuniary or otherwise, that the inspector has, or acquires, and that conflict, or could conflict, with the proper performance of the inspector’s functions.\nMaximum penalty—20 penalty units.\ns 121B ins 2022 No. 35 s 26\n(sec.121B-ssec) An inspector must give notice to the chief executive of all interests, pecuniary or otherwise, that the inspector has, or acquires, and that conflict, or could conflict, with the proper performance of the inspector’s functions. Maximum penalty—20 penalty units.","sortOrder":195},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Powers of inspectors","content":"# Powers of inspectors","sortOrder":196},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Entry to places other than vehicles","content":"## Entry to places other than vehicles","sortOrder":197},{"sectionNumber":"sec.122","sectionType":"section","heading":"Power of entry","content":"### sec.122 Power of entry\n\nAn inspector may enter and stay at a place, other than a vehicle, if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nits 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; or\nthe inspector reasonably suspects—\nan animal at the place has just sustained a severe injury; and\nthe injury is likely to remain untreated, or untreated for an unreasonable period; or\nthe inspector reasonably suspects there is an imminent risk of death or injury to an animal at the place because of an accident or from an animal welfare offence; or\na dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs\nthe beating or torture of an animal at the place\nthe inspector reasonably suspects any delay in entering the place will result in the concealment, death, or destruction of anything at the place that is—\nevidence of an animal welfare offence; or\nbeing used to commit, continue or repeat, an offence; or\nthe inspector reasonably suspects an animal at the place has been abandoned; or\nthe place is a livestock slaughter facility and the entry is made when a horse is present at the facility and during normal business hours.\nFor the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\nFor subsection (1) (h) , an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal.\na person providing food and water to a dog that has been abandoned near the person’s premises\ns 122 amd 2014 No. 39 s 6 ; 2020 No. 3 s 8 ; 2022 No. 35 s 27\n(sec.122-ssec.1) An inspector may enter and stay at a place, other than a vehicle, if— its occupier consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or 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; or the inspector reasonably suspects— an animal at the place has just sustained a severe injury; and the injury is likely to remain untreated, or untreated for an unreasonable period; or the inspector reasonably suspects there is an imminent risk of death or injury to an animal at the place because of an accident or from an animal welfare offence; or a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs the beating or torture of an animal at the place the inspector reasonably suspects any delay in entering the place will result in the concealment, death, or destruction of anything at the place that is— evidence of an animal welfare offence; or being used to commit, continue or repeat, an offence; or the inspector reasonably suspects an animal at the place has been abandoned; or the place is a livestock slaughter facility and the entry is made when a horse is present at the facility and during normal business hours.\n(sec.122-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.122-ssec.3) For subsection (1) (h) , an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal. a person providing food and water to a dog that has been abandoned near the person’s premises\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (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; or\n- (e) the inspector reasonably suspects— (i) an animal at the place has just sustained a severe injury; and (ii) the injury is likely to remain untreated, or untreated for an unreasonable period; or\n- (i) an animal at the place has just sustained a severe injury; and\n- (ii) the injury is likely to remain untreated, or untreated for an unreasonable period; or\n- (f) the inspector reasonably suspects there is an imminent risk of death or injury to an animal at the place because of an accident or from an animal welfare offence; or Examples of imminent risk of death or injury to an animal— 1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs 2 the beating or torture of an animal at the place\n- 1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs\n- 2 the beating or torture of an animal at the place\n- (g) the inspector reasonably suspects any delay in entering the place will result in the concealment, death, or destruction of anything at the place that is— (i) evidence of an animal welfare offence; or (ii) being used to commit, continue or repeat, an offence; or\n- (i) evidence of an animal welfare offence; or\n- (ii) being used to commit, continue or repeat, an offence; or\n- (h) the inspector reasonably suspects an animal at the place has been abandoned; or\n- (i) the place is a livestock slaughter facility and the entry is made when a horse is present at the facility and during normal business hours.\n- (i) an animal at the place has just sustained a severe injury; and\n- (ii) the injury is likely to remain untreated, or untreated for an unreasonable period; or\n- 1 a dogfight involving, or apparently involving, an imminent risk of death or injury to the dogs\n- 2 the beating or torture of an animal at the place\n- (i) evidence of an animal welfare offence; or\n- (ii) being used to commit, continue or repeat, an offence; or\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":198},{"sectionNumber":"sec.123","sectionType":"section","heading":"Limited entry power to provide relief to animal","content":"### sec.123 Limited entry power to provide relief to animal\n\nThis section applies if—\nan inspector reasonably suspects—\nan animal at a place, other than a vehicle—\nis suffering from lack of food or water; or\nis entangled; or\nis exposed to extreme weather conditions; or\nis at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and\nthe person in charge of the animal is not, or is apparently not, present at the place; and\nthe animal is not at a part of the place at which a person resides, or apparently resides.\nThe inspector may enter and stay at the place while it is reasonably necessary to—\nprovide food or water to the animal; or\ndisentangle the animal; or\nmove the animal to an area within the place that protects the animal from the extreme weather conditions or the aggressive animal.\nBefore leaving the place, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating the following—\nthe inspector’s name and business address or telephone number;\nthe action taken by the inspector under subsection (2) ;\nwhen the action was taken.\nThis section does not limit section 122 .\nIn this section—\ncold stress , for an animal, means exposure to temperatures, in the immediate environment, below which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate.\nextreme weather conditions means temperature or climatic conditions that are likely to predispose an animal to heat or cold stress.\nheat stress , for an animal, means exposure to temperatures, in the immediate environment, above which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate.\ns 123 amd 2022 No. 35 s 28\n(sec.123-ssec.1) This section applies if— an inspector reasonably suspects— an animal at a place, other than a vehicle— is suffering from lack of food or water; or is entangled; or is exposed to extreme weather conditions; or is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and the person in charge of the animal is not, or is apparently not, present at the place; and the animal is not at a part of the place at which a person resides, or apparently resides.\n(sec.123-ssec.2) The inspector may enter and stay at the place while it is reasonably necessary to— provide food or water to the animal; or disentangle the animal; or move the animal to an area within the place that protects the animal from the extreme weather conditions or the aggressive animal.\n(sec.123-ssec.3) Before leaving the place, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating the following— the inspector’s name and business address or telephone number; the action taken by the inspector under subsection (2) ; when the action was taken.\n(sec.123-ssec.4) This section does not limit section 122 .\n(sec.123-ssec.5) In this section— cold stress , for an animal, means exposure to temperatures, in the immediate environment, below which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate. extreme weather conditions means temperature or climatic conditions that are likely to predispose an animal to heat or cold stress. heat stress , for an animal, means exposure to temperatures, in the immediate environment, above which the animal can not maintain normal body temperature without needing to use energy beyond normal basal metabolic rate.\n- (a) an inspector reasonably suspects— (i) an animal at a place, other than a vehicle— (A) is suffering from lack of food or water; or (B) is entangled; or (C) is exposed to extreme weather conditions; or (D) is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (i) an animal at a place, other than a vehicle— (A) is suffering from lack of food or water; or (B) is entangled; or (C) is exposed to extreme weather conditions; or (D) is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and\n- (A) is suffering from lack of food or water; or\n- (B) is entangled; or\n- (C) is exposed to extreme weather conditions; or\n- (D) is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and\n- (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (b) the animal is not at a part of the place at which a person resides, or apparently resides.\n- (i) an animal at a place, other than a vehicle— (A) is suffering from lack of food or water; or (B) is entangled; or (C) is exposed to extreme weather conditions; or (D) is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and\n- (A) is suffering from lack of food or water; or\n- (B) is entangled; or\n- (C) is exposed to extreme weather conditions; or\n- (D) is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and\n- (ii) the person in charge of the animal is not, or is apparently not, present at the place; and\n- (A) is suffering from lack of food or water; or\n- (B) is entangled; or\n- (C) is exposed to extreme weather conditions; or\n- (D) is at risk of being injured or killed by another animal acting aggressively towards it (an aggressive animal ); and\n- (a) provide food or water to the animal; or\n- (b) disentangle the animal; or\n- (c) move the animal to an area within the place that protects the animal from the extreme weather conditions or the aggressive animal.\n- (a) the inspector’s name and business address or telephone number;\n- (b) the action taken by the inspector under subsection (2) ;\n- (c) when the action was taken.","sortOrder":199},{"sectionNumber":"sec.124","sectionType":"section","heading":"Procedure for entry with consent","content":"### sec.124 Procedure for entry with consent\n\nThis section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 122 (1) (a) .\nBefore asking for the consent, the inspector must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the inspector or another inspector consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the inspector must promptly give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgment complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.124-ssec.1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 122 (1) (a) .\n(sec.124-ssec.2) Before asking for the consent, the inspector must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.124-ssec.3) If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.\n(sec.124-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the inspector or another inspector consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.124-ssec.5) If the occupier signs the acknowledgment, the inspector must promptly give a copy to the occupier.\n(sec.124-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and 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.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the inspector or another inspector consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgment complying with subsection (4) for the entry is not produced in evidence;","sortOrder":200},{"sectionNumber":"sec.125","sectionType":"section","heading":"Procedure for other entries without warrant","content":"### sec.125 Procedure for other entries without warrant\n\nSubsection (2) applies if—\nan inspector is intending to enter, under section 122 (1) (d) , (e) , (f) , (g) or (h) or 148 (2) , a place; and\nthe occupier of the place is present at the place.\nBefore entering the place, the inspector must do, or make a reasonable attempt to do, the following things—\ncomply with section 120 for the occupier;\ntell the occupier the purpose of the entry;\ntell the occupier the inspector is permitted under this Act to enter the place without the occupier’s consent or a warrant.\nSubsection (4) applies if an inspector is intending to enter, under section 122 (1) (h) , a place.\nThe inspector may enter the place if the inspector, after making reasonable inquiries over a period of at least 2 days, can not contact the owner or occupier of the place for consent to enter.\nHowever, the inspector is not required to make inquiries under subsection (4) if it would be unreasonable to make inquiries to contact the owner or occupier of the place.\ns 125 amd 2006 No. 48 s 8 ; 2020 No. 3 s 9\n(sec.125-ssec.1) Subsection (2) applies if— an inspector is intending to enter, under section 122 (1) (d) , (e) , (f) , (g) or (h) or 148 (2) , a place; and the occupier of the place is present at the place.\n(sec.125-ssec.2) Before entering the place, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the occupier; tell the occupier the purpose of the entry; tell the occupier the inspector is permitted under this Act to enter the place without the occupier’s consent or a warrant.\n(sec.125-ssec.3) Subsection (4) applies if an inspector is intending to enter, under section 122 (1) (h) , a place.\n(sec.125-ssec.4) The inspector may enter the place if the inspector, after making reasonable inquiries over a period of at least 2 days, can not contact the owner or occupier of the place for consent to enter.\n(sec.125-ssec.5) However, the inspector is not required to make inquiries under subsection (4) if it would be unreasonable to make inquiries to contact the owner or occupier of the place.\n- (a) an inspector is intending to enter, under section 122 (1) (d) , (e) , (f) , (g) or (h) or 148 (2) , a place; and\n- (b) the occupier of the place is present at the place.\n- (a) comply with section 120 for the occupier;\n- (b) tell the occupier the purpose of the entry;\n- (c) tell the occupier the inspector is permitted under this Act to enter the place without the occupier’s consent or a warrant.","sortOrder":201},{"sectionNumber":"sec.126","sectionType":"section","heading":"Application for warrant","content":"### sec.126 Application for warrant\n\nAn inspector may apply to a magistrate or a justice of the peace (qualified) for a warrant for a place.\nHowever, an application can not be made to a justice who—\nif the inspector is employed by the department—is employed by the department; or\nif the inspector is not employed by the department—is employed by the same person as the inspector.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate or justice may refuse to consider the application until the inspector gives the magistrate or justice all the information the magistrate or justice requires about the application in the way the magistrate or justice requires.\nThe magistrate or justice may require additional information supporting the application to be given by statutory declaration.\n(sec.126-ssec.1) An inspector may apply to a magistrate or a justice of the peace (qualified) for a warrant for a place.\n(sec.126-ssec.2) However, an application can not be made to a justice who— if the inspector is employed by the department—is employed by the department; or if the inspector is not employed by the department—is employed by the same person as the inspector.\n(sec.126-ssec.3) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.126-ssec.4) The magistrate or justice may refuse to consider the application until the inspector gives the magistrate or justice all the information the magistrate or justice requires about the application in the way the magistrate or justice requires. The magistrate or justice may require additional information supporting the application to be given by statutory declaration.\n- (a) if the inspector is employed by the department—is employed by the department; or\n- (b) if the inspector is not employed by the department—is employed by the same person as the inspector.","sortOrder":202},{"sectionNumber":"sec.127","sectionType":"section","heading":"Issue of warrant","content":"### sec.127 Issue of warrant\n\nA magistrate or justice of the peace (qualified) may issue a warrant only if the magistrate or justice is satisfied there are reasonable grounds for suspecting there is—\na need to enter the place for which the warrant is sought to relieve an animal in pain at the place; or\na particular animal or other thing or activity (the evidence ) that may provide evidence of an animal welfare offence, or another offence against this Act, and the evidence is at the place, or, within the next 7 days, may be at the place.\nThe warrant must state—\nthat a stated inspector may—\nenter the place and any other place necessary for entry; and\nexercise the inspector’s powers under this part; and\neither—\nif the warrant is issued under subsection (1) (a) —the animal or type of animal for which the warrant is given; or\nif the warrant is issued under subsection (1) (b) —the offence for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 7 days after the warrant’s issue, the warrant ends.\ns 127 amd 2014 No. 39 s 7\n(sec.127-ssec.1) A magistrate or justice of the peace (qualified) may issue a warrant only if the magistrate or justice is satisfied there are reasonable grounds for suspecting there is— a need to enter the place for which the warrant is sought to relieve an animal in pain at the place; or a particular animal or other thing or activity (the evidence ) that may provide evidence of an animal welfare offence, or another offence against this Act, and the evidence is at the place, or, within the next 7 days, may be at the place.\n(sec.127-ssec.2) The warrant must state— that a stated inspector may— enter the place and any other place necessary for entry; and exercise the inspector’s powers under this part; and either— if the warrant is issued under subsection (1) (a) —the animal or type of animal for which the warrant is given; or if the warrant is issued under subsection (1) (b) —the offence for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 7 days after the warrant’s issue, the warrant ends.\n- (a) a need to enter the place for which the warrant is sought to relieve an animal in pain at the place; or\n- (b) a particular animal or other thing or activity (the evidence ) that may provide evidence of an animal welfare offence, or another offence against this Act, and the evidence is at the place, or, within the next 7 days, may be at the place.\n- (a) that a stated inspector may— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and\n- (b) either— (i) if the warrant is issued under subsection (1) (a) —the animal or type of animal for which the warrant is given; or (ii) if the warrant is issued under subsection (1) (b) —the offence for which the warrant is sought; and\n- (i) if the warrant is issued under subsection (1) (a) —the animal or type of animal for which the warrant is given; or\n- (ii) if the warrant is issued under subsection (1) (b) —the offence for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 7 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the inspector’s powers under this part; and\n- (i) if the warrant is issued under subsection (1) (a) —the animal or type of animal for which the warrant is given; or\n- (ii) if the warrant is issued under subsection (1) (b) —the offence for which the warrant is sought; and","sortOrder":203},{"sectionNumber":"sec.128","sectionType":"section","heading":"Special warrants","content":"### sec.128 Special warrants\n\nAn inspector may apply for a warrant (a special warrant ) by electronic communication, fax, phone, radio or another form of communication if the inspector considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nBefore applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\nThe inspector may apply for the warrant before the application is sworn.\nAfter issuing the special warrant, the magistrate or justice of the peace (qualified) must immediately electronically communicate or fax a copy to the inspector if it is reasonably practicable to do so.\nIf it is not reasonably practicable to electronically communicate or fax a copy to the inspector—\nthe magistrate or justice must tell the inspector—\nwhat the terms of the warrant are; and\nthe date and time the warrant was issued; and\nthe inspector must complete a form of warrant (a warrant form ) and write on it—\nthe magistrate’s or justice’s name; and\nthe date and time the magistrate or justice issued the warrant; and\nthe terms of the special warrant.\nThe facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate or justice.\nThe inspector must, at the first reasonable opportunity, send the magistrate or justice—\nthe sworn application; and\nif the inspector completed a warrant form—the completed warrant form.\nOn receiving the documents, the magistrate or justice must attach them to the warrant.\nIf—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\nthe warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n(sec.128-ssec.1) An inspector may apply for a warrant (a special warrant ) by electronic communication, fax, phone, radio or another form of communication if the inspector considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.128-ssec.2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought.\n(sec.128-ssec.3) The inspector may apply for the warrant before the application is sworn.\n(sec.128-ssec.4) After issuing the special warrant, the magistrate or justice of the peace (qualified) must immediately electronically communicate or fax a copy to the inspector if it is reasonably practicable to do so.\n(sec.128-ssec.5) If it is not reasonably practicable to electronically communicate or fax a copy to the inspector— the magistrate or justice must tell the inspector— what the terms of the warrant are; and the date and time the warrant was issued; and the inspector must complete a form of warrant (a warrant form ) and write on it— the magistrate’s or justice’s name; and the date and time the magistrate or justice issued the warrant; and the terms of the special warrant.\n(sec.128-ssec.6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate or justice.\n(sec.128-ssec.7) The inspector must, at the first reasonable opportunity, send the magistrate or justice— the sworn application; and if the inspector completed a warrant form—the completed warrant form.\n(sec.128-ssec.8) On receiving the documents, the magistrate or justice must attach them to the warrant.\n(sec.128-ssec.9) If— an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and the warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) the magistrate or justice must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s or justice’s name; and (ii) the date and time the magistrate or justice issued the warrant; and (iii) the terms of the special warrant.\n- (i) the magistrate’s or justice’s name; and\n- (ii) the date and time the magistrate or justice issued the warrant; and\n- (iii) the terms of the special warrant.\n- (i) what the terms of the warrant are; and\n- (ii) the date and time the warrant was issued; and\n- (i) the magistrate’s or justice’s name; and\n- (ii) the date and time the magistrate or justice issued the warrant; and\n- (iii) the terms of the special warrant.\n- (a) the sworn application; and\n- (b) if the inspector completed a warrant form—the completed warrant form.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a special warrant; and\n- (b) the warrant is not produced in evidence;","sortOrder":204},{"sectionNumber":"sec.129","sectionType":"section","heading":"Warrants—procedure for entry","content":"### sec.129 Warrants—procedure for entry\n\nThis section applies if—\nan inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and\nthe occupier of the place is present at the place.\nBefore entering the place, the inspector must do, or make a reasonable attempt to do, the following things—\ncomply with section 120 for the occupier;\ngive the occupier a copy of—\nthe warrant; or\nif the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form;\ntell the occupier the inspector is permitted by the warrant to enter the place;\ngive the occupier an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector reasonably believes the inspector must immediately enter the place to ensure the effective execution of the warrant is not frustrated.\n(sec.129-ssec.1) This section applies if— an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and the occupier of the place is present at the place.\n(sec.129-ssec.2) Before entering the place, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the occupier; give the occupier a copy of— the warrant; or if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form; tell the occupier the inspector is permitted by the warrant to enter the place; give the occupier an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.129-ssec.3) However, the inspector need not comply with subsection (2) if the inspector reasonably believes the inspector must immediately enter the place to ensure the effective execution of the warrant is not frustrated.\n- (a) an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant; and\n- (b) the occupier of the place is present at the place.\n- (a) comply with section 120 for the occupier;\n- (b) give the occupier a copy of— (i) the warrant; or (ii) if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form;\n- (i) the warrant; or\n- (ii) if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form;\n- (c) tell the occupier the inspector is permitted by the warrant to enter the place;\n- (d) give the occupier an opportunity to allow the inspector immediate entry to the place without using force.\n- (i) the warrant; or\n- (ii) if the entry is authorised by a facsimile warrant or warrant form mentioned in section 128 (6) —the facsimile warrant or warrant form;","sortOrder":205},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Entry to vehicles","content":"## Entry to vehicles","sortOrder":206},{"sectionNumber":"sec.130","sectionType":"section","heading":"Power of entry","content":"### sec.130 Power of entry\n\nAn inspector may enter and stay in a vehicle if—\nthe person in control of the vehicle consents to the entry; or\nthe 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; or\nthe inspector reasonably suspects—\nthe vehicle is being, has been, or is about to be used in the commission of an animal welfare offence; or\nthe vehicle, or an animal or other thing in the vehicle, may provide evidence of an animal welfare offence; or\nthere is an imminent risk of death or injury to an animal in or from the vehicle or because of an animal welfare offence involving the vehicle; or\nA dog is locked in a car and the dog is suffering, or apparently suffering, from heat exhaustion.\nthere is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\n- (a) the person in control of the vehicle consents to the entry; or\n- (b) 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; or\n- (c) the inspector reasonably suspects— (i) the vehicle is being, has been, or is about to be used in the commission of an animal welfare offence; or (ii) the vehicle, or an animal or other thing in the vehicle, may provide evidence of an animal welfare offence; or (iii) there is an imminent risk of death or injury to an animal in or from the vehicle or because of an animal welfare offence involving the vehicle; or Example of an imminent risk of death or injury to an animal— A dog is locked in a car and the dog is suffering, or apparently suffering, from heat exhaustion. (iv) there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\n- (i) the vehicle is being, has been, or is about to be used in the commission of an animal welfare offence; or\n- (ii) the vehicle, or an animal or other thing in the vehicle, may provide evidence of an animal welfare offence; or\n- (iii) there is an imminent risk of death or injury to an animal in or from the vehicle or because of an animal welfare offence involving the vehicle; or Example of an imminent risk of death or injury to an animal— A dog is locked in a car and the dog is suffering, or apparently suffering, from heat exhaustion.\n- (iv) there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.\n- (i) the vehicle is being, has been, or is about to be used in the commission of an animal welfare offence; or\n- (ii) the vehicle, or an animal or other thing in the vehicle, may provide evidence of an animal welfare offence; or\n- (iii) there is an imminent risk of death or injury to an animal in or from the vehicle or because of an animal welfare offence involving the vehicle; or Example of an imminent risk of death or injury to an animal— A dog is locked in a car and the dog is suffering, or apparently suffering, from heat exhaustion.\n- (iv) there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.","sortOrder":207},{"sectionNumber":"sec.131","sectionType":"section","heading":"Procedure for entry without consent if person in control or occupier present","content":"### sec.131 Procedure for entry without consent if person in control or occupier present\n\nThis section applies if—\nan inspector is intending to enter a vehicle under section 130 (b) or (c) ; and\na person who is a person in control, or an occupier of, the vehicle is present at the vehicle.\nBefore entering the vehicle, the inspector must do, or make a reasonable attempt to do, the following things—\ncomply with section 120 for the person;\ntell the person the purpose of the entry;\nseek the consent of the person to the entry;\ntell the person the inspector is permitted under this Act to enter the vehicle without the person’s consent.\nIf the person in control of the vehicle is not present at the vehicle, the inspector must take reasonable steps to advise the person or any registered operator of the vehicle of the inspector’s intention to enter the vehicle.\nSubsection (3) does not require the inspector to take a step that the inspector reasonably believes may frustrate or otherwise hinder an investigation under this Act or the purpose of the intended entry.\n(sec.131-ssec.1) This section applies if— an inspector is intending to enter a vehicle under section 130 (b) or (c) ; and a person who is a person in control, or an occupier of, the vehicle is present at the vehicle.\n(sec.131-ssec.2) Before entering the vehicle, the inspector must do, or make a reasonable attempt to do, the following things— comply with section 120 for the person; tell the person the purpose of the entry; seek the consent of the person to the entry; tell the person the inspector is permitted under this Act to enter the vehicle without the person’s consent.\n(sec.131-ssec.3) If the person in control of the vehicle is not present at the vehicle, the inspector must take reasonable steps to advise the person or any registered operator of the vehicle of the inspector’s intention to enter the vehicle.\n(sec.131-ssec.4) Subsection (3) does not require the inspector to take a step that the inspector reasonably believes may frustrate or otherwise hinder an investigation under this Act or the purpose of the intended entry.\n- (a) an inspector is intending to enter a vehicle under section 130 (b) or (c) ; and\n- (b) a person who is a person in control, or an occupier of, the vehicle is present at the vehicle.\n- (a) comply with section 120 for the person;\n- (b) tell the person the purpose of the entry;\n- (c) seek the consent of the person to the entry;\n- (d) tell the person the inspector is permitted under this Act to enter the vehicle without the person’s consent.","sortOrder":208},{"sectionNumber":"sec.132","sectionType":"section","heading":"Power to stop vehicle that may be entered","content":"### sec.132 Power to stop vehicle that may be entered\n\nIf a vehicle, that an inspector may enter under this part other than an aircraft or train, is moving or about to move, the inspector may signal (a stop signal ) the person in control of the vehicle—\nto stop the vehicle; or\nnot to move the vehicle.\nIn this section—\nstop , a vehicle, includes requiring it to remain stationary for the time reasonably necessary to enable a function or power under this or another Act to be performed or exercised.\n(sec.132-ssec.1) If a vehicle, that an inspector may enter under this part other than an aircraft or train, is moving or about to move, the inspector may signal (a stop signal ) the person in control of the vehicle— to stop the vehicle; or not to move the vehicle.\n(sec.132-ssec.2) In this section— stop , a vehicle, includes requiring it to remain stationary for the time reasonably necessary to enable a function or power under this or another Act to be performed or exercised.\n- (a) to stop the vehicle; or\n- (b) not to move the vehicle.","sortOrder":209},{"sectionNumber":"sec.133","sectionType":"section","heading":"Failure to comply with stop signal","content":"### sec.133 Failure to comply with stop signal\n\nA person in control of a vehicle to whom a stop signal has been given must obey the stop signal unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for the person not to obey the signal if—\nto immediately obey the signal would have endangered the person or someone else; and\nthe person obeys the signal as soon as it is practicable to obey it.\n(sec.133-ssec.1) A person in control of a vehicle to whom a stop signal has been given must obey the stop signal unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.133-ssec.2) It is a reasonable excuse for the person not to obey the signal if— to immediately obey the signal would have endangered the person or someone else; and the person obeys the signal as soon as it is practicable to obey it.\n- (a) to immediately obey the signal would have endangered the person or someone else; and\n- (b) the person obeys the signal as soon as it is practicable to obey it.","sortOrder":210},{"sectionNumber":"sec.134","sectionType":"section","heading":"Power to require help to enter from person in control","content":"### sec.134 Power to require help to enter from person in control\n\nIf an inspector may, under this part, enter a vehicle, the inspector may require (an entry requirement ) the person in control of the vehicle to give the inspector reasonable help to enter the vehicle.\nThe vehicle is locked. Its driver is present at the vehicle and has a key to unlock it. An entry requirement may be given to the driver to unlock the vehicle.\nWhen making the entry requirement, the inspector must give the person an offence warning.\n(sec.134-ssec.1) If an inspector may, under this part, enter a vehicle, the inspector may require (an entry requirement ) the person in control of the vehicle to give the inspector reasonable help to enter the vehicle. The vehicle is locked. Its driver is present at the vehicle and has a key to unlock it. An entry requirement may be given to the driver to unlock the vehicle.\n(sec.134-ssec.2) When making the entry requirement, the inspector must give the person an offence warning.","sortOrder":211},{"sectionNumber":"sec.135","sectionType":"section","heading":"Failure to comply with entry requirement","content":"### sec.135 Failure to comply with entry requirement\n\nA person of whom an entry requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":212},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Powers for entry to all places","content":"## Powers for entry to all places","sortOrder":213},{"sectionNumber":"sec.136","sectionType":"section","heading":"Application of div 3","content":"### sec.136 Application of div 3\n\nThis division applies if, under a provision of this part other than section 123 or 148 (2) , an inspector may enter, or has entered, a place.\nHowever, if an inspector, under section 122 (2) enters a place to ask the occupier’s consent to enter premises, this division applies to the inspector only if the consent is given or the entry is otherwise authorised.\ns 136 amd 2006 No. 48 s 9\n(sec.136-ssec.1) This division applies if, under a provision of this part other than section 123 or 148 (2) , an inspector may enter, or has entered, a place.\n(sec.136-ssec.2) However, if an inspector, under section 122 (2) enters a place to ask the occupier’s consent to enter premises, this division applies to the inspector only if the consent is given or the entry is otherwise authorised.","sortOrder":214},{"sectionNumber":"sec.137","sectionType":"section","heading":"General powers","content":"### sec.137 General powers\n\nThe inspector may do any of the following—\nSee also section 162 (Power of destruction).\nenter the place using reasonable force;\nsearch any part of the place;\nopen, using reasonable force, a cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;\ntake reasonable measures to relieve the pain of an animal at the place;\nfeeding, untethering or watering the animal\nexamine or inspect or film, photograph, videotape or otherwise record an image of, an animal, document or other thing at the place;\ntake a sample of or from an animal or other thing at the place for analysis or testing;\ncopy a document at the place;\ntake into the place the equipment, materials or persons the inspector reasonably requires for exercising a power under this part;\nbrand, mark, tag or otherwise identify an animal at the place;\ntake a necessary step to allow a power under paragraphs (a) to (i) to be exercised.\nmustering, unloading or yarding cattle at the place to allow them to be examined\n- (a) enter the place using reasonable force;\n- (b) search any part of the place;\n- (c) open, using reasonable force, a cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;\n- (d) take reasonable measures to relieve the pain of an animal at the place; Examples of measures— feeding, untethering or watering the animal\n- (e) examine or inspect or film, photograph, videotape or otherwise record an image of, an animal, document or other thing at the place;\n- (f) take a sample of or from an animal or other thing at the place for analysis or testing;\n- (g) copy a document at the place;\n- (h) take into the place the equipment, materials or persons the inspector reasonably requires for exercising a power under this part;\n- (i) brand, mark, tag or otherwise identify an animal at the place;\n- (j) take a necessary step to allow a power under paragraphs (a) to (i) to be exercised. Example of a step for paragraph (j) — mustering, unloading or yarding cattle at the place to allow them to be examined","sortOrder":215},{"sectionNumber":"sec.138","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.138 Power to require reasonable help\n\nThe inspector may require (a help requirement ) a person at the place to give the inspector reasonable help to exercise a power under this part, including, for example to produce a document or give information.\nWhen making the help requirement, the inspector must give the person an offence warning.\n(sec.138-ssec.1) The inspector may require (a help requirement ) a person at the place to give the inspector reasonable help to exercise a power under this part, including, for example to produce a document or give information.\n(sec.138-ssec.2) When making the help requirement, the inspector must give the person an offence warning.","sortOrder":216},{"sectionNumber":"sec.139","sectionType":"section","heading":"Failure to comply with help requirement","content":"### sec.139 Failure to comply with help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying with the requirement might tend to incriminate the person.\nHowever, subsection (2) does not apply if the requirement is to produce a document required to be held or kept by the person under—\nthis Act; or\nanother Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals.\n(sec.139-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.139-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying with the requirement might tend to incriminate the person.\n(sec.139-ssec.3) However, subsection (2) does not apply if the requirement is to produce a document required to be held or kept by the person under— this Act; or another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals.\n- (a) this Act; or\n- (b) another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals.","sortOrder":217},{"sectionNumber":"sec.140","sectionType":"section","heading":"Power to require person in control of vehicle to take action","content":"### sec.140 Power to require person in control of vehicle to take action\n\nThis section applies if a place to which this division applies is a vehicle.\nThe inspector may require (an action requirement ) the person in control of the vehicle to do any of the following to allow the inspector to exercise a power under this part—\nbring the vehicle, or an animal or other thing in it, to a stated reasonable place;\nremain in control of the vehicle, animal or other thing at the place for a stated reasonable period.\nWhen making the action requirement, the inspector must give the person an offence warning.\n(sec.140-ssec.1) This section applies if a place to which this division applies is a vehicle.\n(sec.140-ssec.2) The inspector may require (an action requirement ) the person in control of the vehicle to do any of the following to allow the inspector to exercise a power under this part— bring the vehicle, or an animal or other thing in it, to a stated reasonable place; remain in control of the vehicle, animal or other thing at the place for a stated reasonable period.\n(sec.140-ssec.3) When making the action requirement, the inspector must give the person an offence warning.\n- (a) bring the vehicle, or an animal or other thing in it, to a stated reasonable place;\n- (b) remain in control of the vehicle, animal or other thing at the place for a stated reasonable period.","sortOrder":218},{"sectionNumber":"sec.141","sectionType":"section","heading":"Failure to comply with action requirement","content":"### sec.141 Failure to comply with action requirement\n\nA person of whom an action requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":219},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Seizure and forfeiture","content":"## Seizure and forfeiture","sortOrder":220},{"sectionNumber":"sec.142","sectionType":"section","heading":"General power to seize evidence","content":"### sec.142 General power to seize evidence\n\nAn inspector who has, under this part, entered a place may seize an animal or other thing at the place if the inspector—\nreasonably suspects it is evidence of—\nan animal welfare offence; or\nanother offence against this Act; or\nreasonably believes the seizure is necessary to prevent it being—\ndestroyed, hidden or lost; or\nused to commit, continue or repeat, an offence.\nAlso, an inspector may seize an animal or other thing at the place—\nif the inspector reasonably believes it has just been used in committing, or is the subject of, an animal welfare offence; or\nwith the written consent of a person as follows or a person the inspector reasonably believes is a person as follows—\nfor an animal—a person in charge of the animal;\nfor another thing—the owner or person in possession of the thing.\nA consent under subsection (2) (b) given by an owner may also include the owner’s agreement to transfer ownership of the animal or other thing to the State or a prescribed entity.\nDespite subsections (1) and (2) , if an entry to a place was made after obtaining the necessary consent of a person, the inspector may seize a thing at the place only if the seizure is consistent with the purpose of entry as told to the person when asking for the consent.\nFor necessary consent and purpose of entry for places other than vehicles, see sections 122 and 124 , and for vehicles, see sections 130 and 131 .\nThis section does not limit a power to seize under section 144 or 145 .\ns 142 amd 2014 No. 39 s 8\n(sec.142-ssec.1) An inspector who has, under this part, entered a place may seize an animal or other thing at the place if the inspector— reasonably suspects it is evidence of— an animal welfare offence; or another offence against this Act; or reasonably believes the seizure is necessary to prevent it being— destroyed, hidden or lost; or used to commit, continue or repeat, an offence.\n(sec.142-ssec.2) Also, an inspector may seize an animal or other thing at the place— if the inspector reasonably believes it has just been used in committing, or is the subject of, an animal welfare offence; or with the written consent of a person as follows or a person the inspector reasonably believes is a person as follows— for an animal—a person in charge of the animal; for another thing—the owner or person in possession of the thing.\n(sec.142-ssec.3) A consent under subsection (2) (b) given by an owner may also include the owner’s agreement to transfer ownership of the animal or other thing to the State or a prescribed entity.\n(sec.142-ssec.4) Despite subsections (1) and (2) , if an entry to a place was made after obtaining the necessary consent of a person, the inspector may seize a thing at the place only if the seizure is consistent with the purpose of entry as told to the person when asking for the consent. For necessary consent and purpose of entry for places other than vehicles, see sections 122 and 124 , and for vehicles, see sections 130 and 131 .\n(sec.142-ssec.5) This section does not limit a power to seize under section 144 or 145 .\n- (a) reasonably suspects it is evidence of— (i) an animal welfare offence; or (ii) another offence against this Act; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; or\n- (b) reasonably believes the seizure is necessary to prevent it being— (i) destroyed, hidden or lost; or (ii) used to commit, continue or repeat, an offence.\n- (i) destroyed, hidden or lost; or\n- (ii) used to commit, continue or repeat, an offence.\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; or\n- (i) destroyed, hidden or lost; or\n- (ii) used to commit, continue or repeat, an offence.\n- (a) if the inspector reasonably believes it has just been used in committing, or is the subject of, an animal welfare offence; or\n- (b) with the written consent of a person as follows or a person the inspector reasonably believes is a person as follows— (i) for an animal—a person in charge of the animal; (ii) for another thing—the owner or person in possession of the thing.\n- (i) for an animal—a person in charge of the animal;\n- (ii) for another thing—the owner or person in possession of the thing.\n- (i) for an animal—a person in charge of the animal;\n- (ii) for another thing—the owner or person in possession of the thing.","sortOrder":221},{"sectionNumber":"sec.143","sectionType":"section","heading":"Seizing evidence under warrant","content":"### sec.143 Seizing evidence under warrant\n\nAn inspector who, under this part, enters a place with a warrant may seize the evidence for which the warrant was issued.","sortOrder":222},{"sectionNumber":"sec.144","sectionType":"section","heading":"Seizure for welfare of animal","content":"### sec.144 Seizure for welfare of animal\n\nAn inspector who has, under this part, entered a place may seize an animal at the place if the inspector reasonably believes—\nthe animal—\nis under an imminent risk of death or injury; or\nA prohibited event is being conducted at the place.\nThe animal is being beaten or tortured.\nrequires veterinary treatment; or\nis experiencing undue pain; and\nthe interests of the welfare of the animal require its immediate seizure.\nThe inspector may also seize the animal if the person in charge of the animal has contravened, or is contravening, an animal welfare direction or a court order about the animal.\n(sec.144-ssec.1) An inspector who has, under this part, entered a place may seize an animal at the place if the inspector reasonably believes— the animal— is under an imminent risk of death or injury; or A prohibited event is being conducted at the place. The animal is being beaten or tortured. requires veterinary treatment; or is experiencing undue pain; and the interests of the welfare of the animal require its immediate seizure.\n(sec.144-ssec.2) The inspector may also seize the animal if the person in charge of the animal has contravened, or is contravening, an animal welfare direction or a court order about the animal.\n- (a) the animal— (i) is under an imminent risk of death or injury; or Examples of imminent risk of death or injury— 1 A prohibited event is being conducted at the place. 2 The animal is being beaten or tortured. (ii) requires veterinary treatment; or (iii) is experiencing undue pain; and\n- (i) is under an imminent risk of death or injury; or Examples of imminent risk of death or injury— 1 A prohibited event is being conducted at the place. 2 The animal is being beaten or tortured.\n- 1 A prohibited event is being conducted at the place.\n- 2 The animal is being beaten or tortured.\n- (ii) requires veterinary treatment; or\n- (iii) is experiencing undue pain; and\n- (b) the interests of the welfare of the animal require its immediate seizure.\n- (i) is under an imminent risk of death or injury; or Examples of imminent risk of death or injury— 1 A prohibited event is being conducted at the place. 2 The animal is being beaten or tortured.\n- 1 A prohibited event is being conducted at the place.\n- 2 The animal is being beaten or tortured.\n- (ii) requires veterinary treatment; or\n- (iii) is experiencing undue pain; and\n- 1 A prohibited event is being conducted at the place.\n- 2 The animal is being beaten or tortured.","sortOrder":223},{"sectionNumber":"sec.145","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.145 Seizure of property subject to security\n\nAn inspector may seize an animal or other thing under this subdivision or exercise powers under subdivision 2 in relation to it despite a lien or other security over it claimed by another person.\nHowever, the seizure does not affect the person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.\n(sec.145-ssec.1) An inspector may seize an animal or other thing under this subdivision or exercise powers under subdivision 2 in relation to it despite a lien or other security over it claimed by another person.\n(sec.145-ssec.2) However, the seizure does not affect the person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.","sortOrder":224},{"sectionNumber":"sec.146","sectionType":"section","heading":"Direction to person in charge","content":"### sec.146 Direction to person in charge\n\nTo enable an animal or other thing to be seized, an inspector may direct (a seizure direction ) the person in charge, or owner or person in possession, of it—\nto take it to a stated reasonable place or places by a stated reasonable time or times; and\nif necessary, to remain in control of it at the stated place for a reasonable time.\nA seizure direction—\nmust be made by notice in the approved form; or\nif for any reason it is not practicable to give notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.\n(sec.146-ssec.1) To enable an animal or other thing to be seized, an inspector may direct (a seizure direction ) the person in charge, or owner or person in possession, of it— to take it to a stated reasonable place or places by a stated reasonable time or times; and if necessary, to remain in control of it at the stated place for a reasonable time.\n(sec.146-ssec.2) A seizure direction— must be made by notice in the approved form; or if for any reason it is not practicable to give notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.\n- (a) to take it to a stated reasonable place or places by a stated reasonable time or times; and\n- (b) if necessary, to remain in control of it at the stated place for a reasonable time.\n- (a) must be made by notice in the approved form; or\n- (b) if for any reason it is not practicable to give notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.","sortOrder":225},{"sectionNumber":"sec.147","sectionType":"section","heading":"Failure to comply with seizure direction","content":"### sec.147 Failure to comply with seizure direction\n\nA person of whom a seizure direction has been made must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":226},{"sectionNumber":"sec.148","sectionType":"section","heading":"Powers for seized things","content":"### sec.148 Powers for seized things\n\nHaving seized an animal or other thing, an inspector may do 1 or more of the following—\nmove it from the place where it was seized (the place of seizure );\nleave it at the place of seizure but take reasonable action to restrict access to it;\nbrand, mark, seal, tag or otherwise identify it to show access to it is restricted\nsealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\nfor equipment—make it inoperable;\ndismantling equipment or removing a component of equipment without which the equipment is not capable of being used\nfor an animal—\ntake it to a place the inspector considers appropriate; or\ngive it accommodation, food, rest, water or other living conditions; or\nif the inspector reasonably believes that, in the interests of its welfare, the animal requires veterinary treatment—arrange for the treatment; or\nif an animal welfare direction has been given in relation to the animal and the direction has not been complied with—take other action to ensure the direction is complied with.\nWhile an animal seized under this part is at its place of seizure, an inspector may enter the place—\nto give the animal food, water or veterinary treatment if the inspector reasonably believes the animal needs the food, water or treatment; or\nto take the animal to another place the inspector considers appropriate.\nAn inspector may enter a place under subsection (2) only for a purpose mentioned in the subsection.\ns 148 amd 2006 No. 48 s 10\n(sec.148-ssec.1) Having seized an animal or other thing, an inspector may do 1 or more of the following— move it from the place where it was seized (the place of seizure ); leave it at the place of seizure but take reasonable action to restrict access to it; brand, mark, seal, tag or otherwise identify it to show access to it is restricted sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted for equipment—make it inoperable; dismantling equipment or removing a component of equipment without which the equipment is not capable of being used for an animal— take it to a place the inspector considers appropriate; or give it accommodation, food, rest, water or other living conditions; or if the inspector reasonably believes that, in the interests of its welfare, the animal requires veterinary treatment—arrange for the treatment; or if an animal welfare direction has been given in relation to the animal and the direction has not been complied with—take other action to ensure the direction is complied with.\n(sec.148-ssec.2) While an animal seized under this part is at its place of seizure, an inspector may enter the place— to give the animal food, water or veterinary treatment if the inspector reasonably believes the animal needs the food, water or treatment; or to take the animal to another place the inspector considers appropriate.\n(sec.148-ssec.3) An inspector may enter a place under subsection (2) only for a purpose mentioned in the subsection.\n- (a) move it from the place where it was seized (the place of seizure );\n- (b) leave it at the place of seizure but take reasonable action to restrict access to it; Examples of restricting access to a thing— 1 brand, mark, seal, tag or otherwise identify it to show access to it is restricted 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- 1 brand, mark, seal, tag or otherwise identify it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (c) for equipment—make it inoperable; Example of making equipment inoperable— dismantling equipment or removing a component of equipment without which the equipment is not capable of being used\n- (d) for an animal— (i) take it to a place the inspector considers appropriate; or (ii) give it accommodation, food, rest, water or other living conditions; or (iii) if the inspector reasonably believes that, in the interests of its welfare, the animal requires veterinary treatment—arrange for the treatment; or (iv) if an animal welfare direction has been given in relation to the animal and the direction has not been complied with—take other action to ensure the direction is complied with.\n- (i) take it to a place the inspector considers appropriate; or\n- (ii) give it accommodation, food, rest, water or other living conditions; or\n- (iii) if the inspector reasonably believes that, in the interests of its welfare, the animal requires veterinary treatment—arrange for the treatment; or\n- (iv) if an animal welfare direction has been given in relation to the animal and the direction has not been complied with—take other action to ensure the direction is complied with.\n- 1 brand, mark, seal, tag or otherwise identify it to show access to it is restricted\n- 2 sealing the entrance to a room where the thing is situated and marking it to show access to it is restricted\n- (i) take it to a place the inspector considers appropriate; or\n- (ii) give it accommodation, food, rest, water or other living conditions; or\n- (iii) if the inspector reasonably believes that, in the interests of its welfare, the animal requires veterinary treatment—arrange for the treatment; or\n- (iv) if an animal welfare direction has been given in relation to the animal and the direction has not been complied with—take other action to ensure the direction is complied with.\n- (a) to give the animal food, water or veterinary treatment if the inspector reasonably believes the animal needs the food, water or treatment; or\n- (b) to take the animal to another place the inspector considers appropriate.","sortOrder":227},{"sectionNumber":"sec.149","sectionType":"section","heading":"Offence to tamper with seized thing","content":"### sec.149 Offence to tamper with seized thing\n\nThis section applies in relation to an animal or other thing seized under this part.\nA person, other than an inspector or a person authorised by an inspector for the purpose, must not do, or attempt to do, any of the following unless the person has a reasonable excuse—\ntamper with—\nthe animal or other thing; or\nsomething done under section 148 (1) (b) to restrict access to it;\nenter, or be at, the place where the animal or other thing is being kept;\nmove the animal or other thing from the place where it is being kept;\nhave the animal or other thing in the person’s possession.\nMaximum penalty—100 penalty units.\ns 149 amd 2006 No. 48 s 6 sch\n(sec.149-ssec.1) This section applies in relation to an animal or other thing seized under this part.\n(sec.149-ssec.2) A person, other than an inspector or a person authorised by an inspector for the purpose, must not do, or attempt to do, any of the following unless the person has a reasonable excuse— tamper with— the animal or other thing; or something done under section 148 (1) (b) to restrict access to it; enter, or be at, the place where the animal or other thing is being kept; move the animal or other thing from the place where it is being kept; have the animal or other thing in the person’s possession. Maximum penalty—100 penalty units.\n- (a) tamper with— (i) the animal or other thing; or (ii) something done under section 148 (1) (b) to restrict access to it;\n- (i) the animal or other thing; or\n- (ii) something done under section 148 (1) (b) to restrict access to it;\n- (b) enter, or be at, the place where the animal or other thing is being kept;\n- (c) move the animal or other thing from the place where it is being kept;\n- (d) have the animal or other thing in the person’s possession.\n- (i) the animal or other thing; or\n- (ii) something done under section 148 (1) (b) to restrict access to it;","sortOrder":228},{"sectionNumber":"sec.150","sectionType":"section","heading":"Information notice and receipt for seized property","content":"### sec.150 Information notice and receipt for seized property\n\nThis section applies if, under this part or a warrant, an inspector seizes an animal or another thing, unless—\nthe seizure was with the written consent of a person mentioned in section 142 (2) (b) ; or\nthe inspector reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\nthe seized thing is not an animal and it would be impracticable or unreasonable to expect the inspector to account for the thing given its condition, nature and value.\nanimal droppings of no inherent value\nThe inspector must, as soon as practicable after the seizure, give the person from whom the thing was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to make the seizure.\nHowever, if a person as follows is not present at the place at which the seizure happened, the receipt and information notice may be given by leaving them at the place in a conspicuous position and in a reasonably secure way—\nfor an animal—a person in charge of the animal;\nfor another thing—the owner or person in possession of the thing.\nThe information notice and receipt may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe inspector may delay in giving the receipt and information notice if the inspector reasonably suspects doing so may frustrate or otherwise hinder an investigation under this Act.\nHowever, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place to keep it under observation.\n(sec.150-ssec.1) This section applies if, under this part or a warrant, an inspector seizes an animal or another thing, unless— the seizure was with the written consent of a person mentioned in section 142 (2) (b) ; or the inspector reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or the seized thing is not an animal and it would be impracticable or unreasonable to expect the inspector to account for the thing given its condition, nature and value. animal droppings of no inherent value\n(sec.150-ssec.2) The inspector must, as soon as practicable after the seizure, give the person from whom the thing was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to make the seizure.\n(sec.150-ssec.3) However, if a person as follows is not present at the place at which the seizure happened, the receipt and information notice may be given by leaving them at the place in a conspicuous position and in a reasonably secure way— for an animal—a person in charge of the animal; for another thing—the owner or person in possession of the thing.\n(sec.150-ssec.4) The information notice and receipt may— be given in the same document; and relate to more than 1 seized thing.\n(sec.150-ssec.5) The inspector may delay in giving the receipt and information notice if the inspector reasonably suspects doing so may frustrate or otherwise hinder an investigation under this Act.\n(sec.150-ssec.6) However, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place to keep it under observation.\n- (a) the seizure was with the written consent of a person mentioned in section 142 (2) (b) ; or\n- (b) the inspector reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\n- (c) the seized thing is not an animal and it would be impracticable or unreasonable to expect the inspector to account for the thing given its condition, nature and value. Example for paragraph (c) — animal droppings of no inherent value\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to make the seizure.\n- (a) for an animal—a person in charge of the animal;\n- (b) for another thing—the owner or person in possession of the thing.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":229},{"sectionNumber":"sec.151","sectionType":"section","heading":"Access to seized property","content":"### sec.151 Access to seized property\n\nThis section applies to an inspector who has, under this part or a warrant, seized anything until the thing is forfeited or returned under this part.\nThe inspector must allow any owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (2) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be provided free of charge.\n(sec.151-ssec.1) This section applies to an inspector who has, under this part or a warrant, seized anything until the thing is forfeited or returned under this part.\n(sec.151-ssec.2) The inspector must allow any owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.151-ssec.3) Subsection (2) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.151-ssec.4) The inspection or copying must be provided free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":230},{"sectionNumber":"sec.152","sectionType":"section","heading":"Return of seized animal","content":"### sec.152 Return of seized animal\n\nThis section applies if an inspector has, under this part or a warrant, seized an animal.\nThe inspector must, within 28 days after the seizure, return the animal to its owner unless—\nthe owner has, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; or\nthe inspector has given the chief executive information about a matter mentioned in section 154 (2) (a) , (b) or (c) but the chief executive has not decided, under that section, whether to forfeit the animal; or\nthe animal has been forfeited to the State under this part; or\nan application has been made for a disposal or prohibition order in relation to the animal; or\ncontinued retention of the animal is needed as evidence for a proceeding or proposed proceeding for an offence involving the animal; or\nan animal welfare direction given in relation to the animal has not been complied with and the inspector is taking, or proposes to take, action to ensure the direction is complied with; or\nthe inspector reasonably believes the animal’s condition may require its destruction under section 162 .\nIf subsection (2) (b) applies, the inspector must promptly return the animal to its owner if the chief executive—\ndoes not make a decision within the period mentioned in section 154 (5) ; or\ndecides that the animal should not be forfeited to the State.\nIf subsection (2) (d) applies, the inspector must promptly return the animal to its owner if the application for the disposal or prohibition order—\nis withdrawn; or\nhas been finally decided or otherwise ended and a disposal or prohibition order has not been made in relation to the animal.\nIf subsection (2) (e) applies, the inspector must promptly return the animal to its owner if its continued retention as evidence is no longer required.\nIf subsection (2) (f) applies, the inspector must promptly return the animal to its owner if—\nthe animal welfare direction is complied with; or\nthe inspector ceases to take, or propose to take, action to ensure the direction is complied with.\nIf subsection (2) (g) applies, the inspector must promptly return the animal to its owner if the inspector no longer believes the animal’s condition may require its destruction under section 162 .\nNothing in this section affects a lien or other security over the animal.\ns 152 amd 2002 No. 49 s 37 sch ; 2020 No. 3 s 10\n(sec.152-ssec.1) This section applies if an inspector has, under this part or a warrant, seized an animal.\n(sec.152-ssec.2) The inspector must, within 28 days after the seizure, return the animal to its owner unless— the owner has, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; or the inspector has given the chief executive information about a matter mentioned in section 154 (2) (a) , (b) or (c) but the chief executive has not decided, under that section, whether to forfeit the animal; or the animal has been forfeited to the State under this part; or an application has been made for a disposal or prohibition order in relation to the animal; or continued retention of the animal is needed as evidence for a proceeding or proposed proceeding for an offence involving the animal; or an animal welfare direction given in relation to the animal has not been complied with and the inspector is taking, or proposes to take, action to ensure the direction is complied with; or the inspector reasonably believes the animal’s condition may require its destruction under section 162 .\n(sec.152-ssec.2A) If subsection (2) (b) applies, the inspector must promptly return the animal to its owner if the chief executive— does not make a decision within the period mentioned in section 154 (5) ; or decides that the animal should not be forfeited to the State.\n(sec.152-ssec.3) If subsection (2) (d) applies, the inspector must promptly return the animal to its owner if the application for the disposal or prohibition order— is withdrawn; or has been finally decided or otherwise ended and a disposal or prohibition order has not been made in relation to the animal.\n(sec.152-ssec.4) If subsection (2) (e) applies, the inspector must promptly return the animal to its owner if its continued retention as evidence is no longer required.\n(sec.152-ssec.5) If subsection (2) (f) applies, the inspector must promptly return the animal to its owner if— the animal welfare direction is complied with; or the inspector ceases to take, or propose to take, action to ensure the direction is complied with.\n(sec.152-ssec.6) If subsection (2) (g) applies, the inspector must promptly return the animal to its owner if the inspector no longer believes the animal’s condition may require its destruction under section 162 .\n(sec.152-ssec.7) Nothing in this section affects a lien or other security over the animal.\n- (a) the owner has, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; or\n- (b) the inspector has given the chief executive information about a matter mentioned in section 154 (2) (a) , (b) or (c) but the chief executive has not decided, under that section, whether to forfeit the animal; or\n- (c) the animal has been forfeited to the State under this part; or\n- (d) an application has been made for a disposal or prohibition order in relation to the animal; or\n- (e) continued retention of the animal is needed as evidence for a proceeding or proposed proceeding for an offence involving the animal; or\n- (f) an animal welfare direction given in relation to the animal has not been complied with and the inspector is taking, or proposes to take, action to ensure the direction is complied with; or\n- (g) the inspector reasonably believes the animal’s condition may require its destruction under section 162 .\n- (a) does not make a decision within the period mentioned in section 154 (5) ; or\n- (b) decides that the animal should not be forfeited to the State.\n- (a) is withdrawn; or\n- (b) has been finally decided or otherwise ended and a disposal or prohibition order has not been made in relation to the animal.\n- (a) the animal welfare direction is complied with; or\n- (b) the inspector ceases to take, or propose to take, action to ensure the direction is complied with.","sortOrder":231},{"sectionNumber":"sec.153","sectionType":"section","heading":"Return of other seized property","content":"### sec.153 Return of other seized property\n\nThis section applies if—\nan inspector has, under this part or a warrant, seized a thing other than an animal; and\nthe thing has some intrinsic value; and\nthe owner of the thing has not, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; and\nthe thing has not been forfeited under this part; and\na disposal order has not been made in relation to the thing.\nIf no application has been made for a disposal order in relation to the thing, the inspector must, return the thing to its owner—\ngenerally—at the end of 6 months after the seizure; or\nif a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (2) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied—\nits continued retention as evidence is no longer required; and\nits continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and\nit is lawful for the person to possess the thing.\nIf, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing the inspector must promptly return the thing to its owner if the application—\nis withdrawn; or\nhas been finally decided or otherwise ended and a disposal order has not been made in relation to the thing.\nNothing in this section affects a lien or other security over the thing.\n(sec.153-ssec.1) This section applies if— an inspector has, under this part or a warrant, seized a thing other than an animal; and the thing has some intrinsic value; and the owner of the thing has not, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; and the thing has not been forfeited under this part; and a disposal order has not been made in relation to the thing.\n(sec.153-ssec.2) If no application has been made for a disposal order in relation to the thing, the inspector must, return the thing to its owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\n(sec.153-ssec.3) Despite subsection (2) , the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied— its continued retention as evidence is no longer required; and its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and it is lawful for the person to possess the thing.\n(sec.153-ssec.4) If, at the time mentioned in subsection (2) , an application has been made for a disposal order in relation to the thing the inspector must promptly return the thing to its owner if the application— is withdrawn; or has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing.\n(sec.153-ssec.5) Nothing in this section affects a lien or other security over the thing.\n- (a) an inspector has, under this part or a warrant, seized a thing other than an animal; and\n- (b) the thing has some intrinsic value; and\n- (c) the owner of the thing has not, under this part, agreed in writing to transfer ownership of it to the State or a prescribed entity; and\n- (d) the thing has not been forfeited under this part; and\n- (e) a disposal order has not been made in relation to the thing.\n- (a) generally—at the end of 6 months after the seizure; or\n- (b) if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is no longer required; and\n- (b) its continued retention is not necessary to prevent the thing being used to continue, or repeat, the offence; and\n- (c) it is lawful for the person to possess the thing.\n- (a) is withdrawn; or\n- (b) has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing.","sortOrder":232},{"sectionNumber":"sec.154","sectionType":"section","heading":"Power to forfeit","content":"### sec.154 Power to forfeit\n\nThis section applies if an animal or other thing has been seized under this Act or the Police Powers and Responsibilities Act 2000 , section 146 (2) (d) .\nThe chief executive may decide to forfeit the animal or thing to the State if an inspector or police officer—\nafter making reasonable efforts, can not return it to its owner; or\nafter making reasonable inquiries, can not find its owner or, for an animal, any other person in charge of it; or\nreasonably believes it is necessary to keep the animal or other thing to prevent it from being used in committing, or becoming the subject of, an animal welfare offence.\nFor subsection (2) —\nthe period over which the efforts or inquiries are made must be at least 4 days; and\nthe inspector or police officer is not required to—\nmake efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or\nThe owner of the thing has migrated to another country.\nmake inquiries if it would be unreasonable to make inquiries to find the owner.\nRegard must be had to an animal or other thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\nThe chief executive must decide whether to forfeit an animal or thing under this section within 14 days after an inspector or police officer gives the chief executive sufficient information about a matter mentioned in subsection (2) (a) , (b) or (c) to enable the chief executive to make the decision.\ns 154 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 36 s 86 ); 2006 No. 48 s 11 ; 2020 No. 3 s 11\n(sec.154-ssec.1) This section applies if an animal or other thing has been seized under this Act or the Police Powers and Responsibilities Act 2000 , section 146 (2) (d) .\n(sec.154-ssec.2) The chief executive may decide to forfeit the animal or thing to the State if an inspector or police officer— after making reasonable efforts, can not return it to its owner; or after making reasonable inquiries, can not find its owner or, for an animal, any other person in charge of it; or reasonably believes it is necessary to keep the animal or other thing to prevent it from being used in committing, or becoming the subject of, an animal welfare offence.\n(sec.154-ssec.3) For subsection (2) — the period over which the efforts or inquiries are made must be at least 4 days; and the inspector or police officer is not required to— make efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or The owner of the thing has migrated to another country. make inquiries if it would be unreasonable to make inquiries to find the owner.\n(sec.154-ssec.4) Regard must be had to an animal or other thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.154-ssec.5) The chief executive must decide whether to forfeit an animal or thing under this section within 14 days after an inspector or police officer gives the chief executive sufficient information about a matter mentioned in subsection (2) (a) , (b) or (c) to enable the chief executive to make the decision.\n- (a) after making reasonable efforts, can not return it to its owner; or\n- (b) after making reasonable inquiries, can not find its owner or, for an animal, any other person in charge of it; or\n- (c) reasonably believes it is necessary to keep the animal or other thing to prevent it from being used in committing, or becoming the subject of, an animal welfare offence.\n- (a) the period over which the efforts or inquiries are made must be at least 4 days; and\n- (b) the inspector or police officer is not required to— (i) make efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or Example for subparagraph (i) — The owner of the thing has migrated to another country. (ii) make inquiries if it would be unreasonable to make inquiries to find the owner.\n- (i) make efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or Example for subparagraph (i) — The owner of the thing has migrated to another country.\n- (ii) make inquiries if it would be unreasonable to make inquiries to find the owner.\n- (i) make efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or Example for subparagraph (i) — The owner of the thing has migrated to another country.\n- (ii) make inquiries if it would be unreasonable to make inquiries to find the owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":233},{"sectionNumber":"sec.155","sectionType":"section","heading":"Information notice about forfeiture","content":"### sec.155 Information notice about forfeiture\n\nIf the chief executive decides, under section 154 (2) , to forfeit an animal or other thing, other than a seized thing mentioned in section 150 (1) (c) , the chief executive must promptly give the person who owned it immediately before the forfeiture (the former owner ) an information notice about the decision.\nHowever, subsection (1) does not apply if—\nthe decision was made under section 154 (2) (a) or (b) ; and\nthe place where the animal or other thing was seized is—\na public place; or\na place at which the notice is unlikely to be read by the former owner.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\nIf the decision was made under section 154 (2) (a) or (b) the information notice may be given by leaving it at the place where the animal or other thing was seized, in a conspicuous position and in a reasonably secure way.\ns 155 amd 2002 No. 49 s 4 ; 2006 No. 48 s 6 sch\n(sec.155-ssec.1) If the chief executive decides, under section 154 (2) , to forfeit an animal or other thing, other than a seized thing mentioned in section 150 (1) (c) , the chief executive must promptly give the person who owned it immediately before the forfeiture (the former owner ) an information notice about the decision.\n(sec.155-ssec.2) However, subsection (1) does not apply if— the decision was made under section 154 (2) (a) or (b) ; and the place where the animal or other thing was seized is— a public place; or a place at which the notice is unlikely to be read by the former owner.\n(sec.155-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.\n(sec.155-ssec.4) If the decision was made under section 154 (2) (a) or (b) the information notice may be given by leaving it at the place where the animal or other thing was seized, in a conspicuous position and in a reasonably secure way.\n- (a) the decision was made under section 154 (2) (a) or (b) ; and\n- (b) the place where the animal or other thing was seized is— (i) a public place; or (ii) a place at which the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place at which the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place at which the notice is unlikely to be read by the former owner.","sortOrder":234},{"sectionNumber":"sec.156","sectionType":"section","heading":"When transfer takes effect","content":"### sec.156 When transfer takes effect\n\nAn animal or other thing becomes the State’s property if, under section 154 (2) , it is forfeited to the State.\nIf, under section 142 (3) , the owner of an animal or other thing agrees in writing to transfer ownership of it to the State or a prescribed entity, it becomes the property of the State or entity when the chief executive or entity agrees in writing to the transfer.\ns 156 amd 2006 No. 48 s 12\n(sec.156-ssec.1) An animal or other thing becomes the State’s property if, under section 154 (2) , it is forfeited to the State.\n(sec.156-ssec.2) If, under section 142 (3) , the owner of an animal or other thing agrees in writing to transfer ownership of it to the State or a prescribed entity, it becomes the property of the State or entity when the chief executive or entity agrees in writing to the transfer.","sortOrder":235},{"sectionNumber":"sec.157","sectionType":"section","heading":"How property may be dealt with","content":"### sec.157 How property may be dealt with\n\nThis section applies if, under section 156 an animal or other thing becomes the property of the State or a prescribed entity.\nThe State or entity may deal with the thing as it considers appropriate, including, for example, by destroying it or giving it away.\nHowever, the State or entity must not deal with the thing in a way that could prejudice the outcome of an appeal under this Act of which it is aware.\nSubsection (3) does not limit an inspector’s power under section 162 to destroy the animal.\nIf the State or entity sells the thing, it may, after deducting the following, return the proceeds of the sale to the former owner of the thing—\nthe costs of the sale;\nany costs it may recover from the person under section 189 .\nThe chief executive may deal with the thing for the State.\nThis section is subject to a decision, direction or order under chapter 7 , part 2 or 4 about the animal or other thing.\n(sec.157-ssec.1) This section applies if, under section 156 an animal or other thing becomes the property of the State or a prescribed entity.\n(sec.157-ssec.2) The State or entity may deal with the thing as it considers appropriate, including, for example, by destroying it or giving it away.\n(sec.157-ssec.3) However, the State or entity must not deal with the thing in a way that could prejudice the outcome of an appeal under this Act of which it is aware.\n(sec.157-ssec.4) Subsection (3) does not limit an inspector’s power under section 162 to destroy the animal.\n(sec.157-ssec.5) If the State or entity sells the thing, it may, after deducting the following, return the proceeds of the sale to the former owner of the thing— the costs of the sale; any costs it may recover from the person under section 189 .\n(sec.157-ssec.6) The chief executive may deal with the thing for the State.\n(sec.157-ssec.7) This section is subject to a decision, direction or order under chapter 7 , part 2 or 4 about the animal or other thing.\n- (a) the costs of the sale;\n- (b) any costs it may recover from the person under section 189 .","sortOrder":236},{"sectionNumber":"ch.6-pt.2-div.5","sectionType":"division","heading":"Animal welfare directions","content":"## Animal welfare directions","sortOrder":237},{"sectionNumber":"sec.158","sectionType":"section","heading":"Application of div 5","content":"### sec.158 Application of div 5\n\nThis division applies if an inspector reasonably believes—\na person has committed, is committing, or is about to commit, an animal welfare offence; or\nan animal—\nis not being cared for properly; or\nis experiencing undue pain; or\nrequires veterinary treatment; or\nshould not be used for work; or\nA horse with ‘saddle sore’ should not be used by a riding school.\na person has not complied with a compulsory code requirement.\nThis division also applies if an animal has been seized under division 4 , subdivision 1 .\ns 158 amd 2022 No. 35 s 29\n(sec.158-ssec.1) This division applies if an inspector reasonably believes— a person has committed, is committing, or is about to commit, an animal welfare offence; or an animal— is not being cared for properly; or is experiencing undue pain; or requires veterinary treatment; or should not be used for work; or A horse with ‘saddle sore’ should not be used by a riding school. a person has not complied with a compulsory code requirement.\n(sec.158-ssec.2) This division also applies if an animal has been seized under division 4 , subdivision 1 .\n- (a) a person has committed, is committing, or is about to commit, an animal welfare offence; or\n- (b) an animal— (i) is not being cared for properly; or (ii) is experiencing undue pain; or (iii) requires veterinary treatment; or (iv) should not be used for work; or Example for subparagraph (iv) — A horse with ‘saddle sore’ should not be used by a riding school.\n- (i) is not being cared for properly; or\n- (ii) is experiencing undue pain; or\n- (iii) requires veterinary treatment; or\n- (iv) should not be used for work; or Example for subparagraph (iv) — A horse with ‘saddle sore’ should not be used by a riding school.\n- (c) a person has not complied with a compulsory code requirement.\n- (i) is not being cared for properly; or\n- (ii) is experiencing undue pain; or\n- (iii) requires veterinary treatment; or\n- (iv) should not be used for work; or Example for subparagraph (iv) — A horse with ‘saddle sore’ should not be used by a riding school.","sortOrder":238},{"sectionNumber":"sec.159","sectionType":"section","heading":"Power to give animal welfare direction","content":"### sec.159 Power to give animal welfare direction\n\nThe inspector may give a written direction (an animal welfare direction ) requiring stated action about—\nthe animal or its environment; or\nif section 158 (1) (c) applies—the non-compliance with the compulsory code requirement.\nThe direction may be given to—\na person in charge of the animal; or\na person whom the inspector reasonably believes is in charge of the animal; or\nif the animal has been seized under division 4 , subdivision 1 —\na person who, immediately before the seizure, was a person in charge of the animal; or\na person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal; or\nanother person to whom a relevant compulsory code requirement applies.\nWithout limiting subsection (1) , the direction may require any of the following action to be taken—\ncare for, or treat, the animal in stated way;\nprovide the animal with stated accommodation, food, rest, water or other living conditions;\nconsult a veterinary surgeon about the animal’s condition before a stated time;\nmove the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;\nnot to move the animal from the place where it is situated when the direction is given.\nHowever, action may be required only if the inspector considers it to be necessary and reasonable in the interests of the animal’s welfare.\nThe direction may state how the person given the direction may show that the stated action has been taken.\ns 159 amd 2022 No. 35 s 30\n(sec.159-ssec.1) The inspector may give a written direction (an animal welfare direction ) requiring stated action about— the animal or its environment; or if section 158 (1) (c) applies—the non-compliance with the compulsory code requirement.\n(sec.159-ssec.2) The direction may be given to— a person in charge of the animal; or a person whom the inspector reasonably believes is in charge of the animal; or if the animal has been seized under division 4 , subdivision 1 — a person who, immediately before the seizure, was a person in charge of the animal; or a person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal; or another person to whom a relevant compulsory code requirement applies.\n(sec.159-ssec.3) Without limiting subsection (1) , the direction may require any of the following action to be taken— care for, or treat, the animal in stated way; provide the animal with stated accommodation, food, rest, water or other living conditions; consult a veterinary surgeon about the animal’s condition before a stated time; move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ; not to move the animal from the place where it is situated when the direction is given.\n(sec.159-ssec.4) However, action may be required only if the inspector considers it to be necessary and reasonable in the interests of the animal’s welfare.\n(sec.159-ssec.5) The direction may state how the person given the direction may show that the stated action has been taken.\n- (a) the animal or its environment; or\n- (b) if section 158 (1) (c) applies—the non-compliance with the compulsory code requirement.\n- (a) a person in charge of the animal; or\n- (b) a person whom the inspector reasonably believes is in charge of the animal; or\n- (c) if the animal has been seized under division 4 , subdivision 1 — (i) a person who, immediately before the seizure, was a person in charge of the animal; or (ii) a person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal; or\n- (i) a person who, immediately before the seizure, was a person in charge of the animal; or\n- (ii) a person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal; or\n- (d) another person to whom a relevant compulsory code requirement applies.\n- (i) a person who, immediately before the seizure, was a person in charge of the animal; or\n- (ii) a person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal; or\n- (a) care for, or treat, the animal in stated way;\n- (b) provide the animal with stated accommodation, food, rest, water or other living conditions;\n- (c) consult a veterinary surgeon about the animal’s condition before a stated time;\n- (d) move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a) , (b) or (c) ;\n- (e) not to move the animal from the place where it is situated when the direction is given.","sortOrder":239},{"sectionNumber":"sec.160","sectionType":"section","heading":"Requirements for giving animal welfare direction","content":"### sec.160 Requirements for giving animal welfare direction\n\nAn animal welfare direction must—\nbe in the approved form; and\ndescribe—\nthe animal in a way that reasonably allows the person given the direction to identify it; or\nif the direction is given because the inspector reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; or\nif the direction is given because the inspector reasonably believes a person has not complied with a compulsory code requirement—the particulars of the non-compliance; and\nstate—\neach requirement; and\na time for the person to comply with each requirement; and\ninclude an information notice about the decision to give the direction.\nDespite subsection (1) (a) , an animal welfare direction may be given orally if—\nthe inspector considers it to be in the interests of the animal’s welfare to give the direction immediately; and\nfor any reason it is not practicable to immediately give the direction in the approved form; and\nthe inspector gives the person an offence warning.\nIf the direction is given orally, the inspector must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.\nAn animal welfare direction may state that an inspector proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction—\na vehicle of which the person is the person in control;\nanother place of which the person is the occupier.\ns 160 amd 2022 No. 35 s 31\n(sec.160-ssec.1) An animal welfare direction must— be in the approved form; and describe— the animal in a way that reasonably allows the person given the direction to identify it; or if the direction is given because the inspector reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; or if the direction is given because the inspector reasonably believes a person has not complied with a compulsory code requirement—the particulars of the non-compliance; and state— each requirement; and a time for the person to comply with each requirement; and include an information notice about the decision to give the direction.\n(sec.160-ssec.2) Despite subsection (1) (a) , an animal welfare direction may be given orally if— the inspector considers it to be in the interests of the animal’s welfare to give the direction immediately; and for any reason it is not practicable to immediately give the direction in the approved form; and the inspector gives the person an offence warning.\n(sec.160-ssec.3) If the direction is given orally, the inspector must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.\n(sec.160-ssec.4) An animal welfare direction may state that an inspector proposes, at a stated time or at stated intervals, to enter the following where an animal the subject of the direction is kept at to check compliance with the direction— a vehicle of which the person is the person in control; another place of which the person is the occupier.\n- (a) be in the approved form; and\n- (b) describe— (i) the animal in a way that reasonably allows the person given the direction to identify it; or (ii) if the direction is given because the inspector reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; or (iii) if the direction is given because the inspector reasonably believes a person has not complied with a compulsory code requirement—the particulars of the non-compliance; and\n- (i) the animal in a way that reasonably allows the person given the direction to identify it; or\n- (ii) if the direction is given because the inspector reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; or\n- (iii) if the direction is given because the inspector reasonably believes a person has not complied with a compulsory code requirement—the particulars of the non-compliance; and\n- (c) state— (i) each requirement; and (ii) a time for the person to comply with each requirement; and\n- (i) each requirement; and\n- (ii) a time for the person to comply with each requirement; and\n- (d) include an information notice about the decision to give the direction.\n- (i) the animal in a way that reasonably allows the person given the direction to identify it; or\n- (ii) if the direction is given because the inspector reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; or\n- (iii) if the direction is given because the inspector reasonably believes a person has not complied with a compulsory code requirement—the particulars of the non-compliance; and\n- (i) each requirement; and\n- (ii) a time for the person to comply with each requirement; and\n- (a) the inspector considers it to be in the interests of the animal’s welfare to give the direction immediately; and\n- (b) for any reason it is not practicable to immediately give the direction in the approved form; and\n- (c) the inspector gives the person an offence warning.\n- (a) a vehicle of which the person is the person in control;\n- (b) another place of which the person is the occupier.","sortOrder":240},{"sectionNumber":"sec.161","sectionType":"section","heading":"Failure to comply with animal welfare direction","content":"### sec.161 Failure to comply with animal welfare direction\n\nA person to whom an animal welfare direction has been given must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\ns 161 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1","sortOrder":241},{"sectionNumber":"ch.6-pt.2-div.6","sectionType":"division","heading":"Inspector’s power to destroy animals","content":"## Inspector’s power to destroy animals","sortOrder":242},{"sectionNumber":"sec.162","sectionType":"section","heading":"Power of destruction","content":"### sec.162 Power of destruction\n\nAn inspector may destroy an animal, or cause it to be destroyed, if—\nan inspector has seized the animal under this part or the person in charge of the animal has given written consent to the destruction; and\nthe inspector reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.\n- (a) an inspector has seized the animal under this part or the person in charge of the animal has given written consent to the destruction; and\n- (b) the inspector reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.","sortOrder":243},{"sectionNumber":"ch.6-pt.2-div.7","sectionType":"division","heading":"Other powers","content":"## Other powers","sortOrder":244},{"sectionNumber":"sec.163","sectionType":"section","heading":"Power to require name and address","content":"### sec.163 Power to require name and address\n\nAn inspector may require a person to state the person’s name and residential or business address if the inspector—\nfinds the person committing, or about to commit—\nan animal welfare offence; or\nanother offence against this Act; or\nfinds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed—\nan animal welfare offence; or\nanother offence against this Act; or\nreasonably believes the person is the person in charge of an animal and the inspector proposes to give the person an animal welfare direction.\nWhen making the requirement, the inspector must give the person an offence warning.\nThe inspector may also require the person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nA requirement under this section is called a personal details requirement .\ns 163 amd 2014 No. 39 s 9\n(sec.163-ssec.1) An inspector may require a person to state the person’s name and residential or business address if the inspector— finds the person committing, or about to commit— an animal welfare offence; or another offence against this Act; or finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed— an animal welfare offence; or another offence against this Act; or reasonably believes the person is the person in charge of an animal and the inspector proposes to give the person an animal welfare direction.\n(sec.163-ssec.2) When making the requirement, the inspector must give the person an offence warning.\n(sec.163-ssec.3) The inspector may also require the person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.163-ssec.4) A requirement under this section is called a personal details requirement .\n- (a) finds the person committing, or about to commit— (i) an animal welfare offence; or (ii) another offence against this Act; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; or\n- (b) finds the person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed— (i) an animal welfare offence; or (ii) another offence against this Act; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; or\n- (c) reasonably believes the person is the person in charge of an animal and the inspector proposes to give the person an animal welfare direction.\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; or\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; or\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":245},{"sectionNumber":"sec.164","sectionType":"section","heading":"Failure to comply with personal details requirement","content":"### sec.164 Failure to comply with personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse if—\nthe requirement was given because the inspector giving it suspected the person has committed—\nan animal welfare offence; or\nanother offence against this Act; and\nthe person is not proved to have committed the offence.\ns 164 amd 2014 No. 39 s 10\n(sec.164-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.164-ssec.2) It is a reasonable excuse if— the requirement was given because the inspector giving it suspected the person has committed— an animal welfare offence; or another offence against this Act; and the person is not proved to have committed the offence.\n- (a) the requirement was given because the inspector giving it suspected the person has committed— (i) an animal welfare offence; or (ii) another offence against this Act; and\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; and\n- (b) the person is not proved to have committed the offence.\n- (i) an animal welfare offence; or\n- (ii) another offence against this Act; and","sortOrder":246},{"sectionNumber":"sec.165","sectionType":"section","heading":"Power to require information","content":"### sec.165 Power to require information\n\nThis section applies if—\nan inspector reasonably suspects—\nthis Act has been contravened; and\na person may be able to give information about the contravention; or\nan animal welfare direction has been given and an inspector reasonably believes a veterinary surgeon or other person may be able to give information about whether the direction has been complied with.\nThe inspector may require (an information requirement ) the person to give information in the person’s knowledge about the contravention or about whether the direction has been complied with in a stated reasonable time and in a stated reasonable way.\nWhen making the requirement, the inspector must give the person an offence warning.\ns 165 amd 2002 No. 49 s 5\n(sec.165-ssec.1) This section applies if— an inspector reasonably suspects— this Act has been contravened; and a person may be able to give information about the contravention; or an animal welfare direction has been given and an inspector reasonably believes a veterinary surgeon or other person may be able to give information about whether the direction has been complied with.\n(sec.165-ssec.2) The inspector may require (an information requirement ) the person to give information in the person’s knowledge about the contravention or about whether the direction has been complied with in a stated reasonable time and in a stated reasonable way.\n(sec.165-ssec.3) When making the requirement, the inspector must give the person an offence warning.\n- (a) an inspector reasonably suspects— (i) this Act has been contravened; and (ii) a person may be able to give information about the contravention; or\n- (i) this Act has been contravened; and\n- (ii) a person may be able to give information about the contravention; or\n- (b) an animal welfare direction has been given and an inspector reasonably believes a veterinary surgeon or other person may be able to give information about whether the direction has been complied with.\n- (i) this Act has been contravened; and\n- (ii) a person may be able to give information about the contravention; or","sortOrder":247},{"sectionNumber":"sec.166","sectionType":"section","heading":"Failure to comply with information requirement","content":"### sec.166 Failure to comply with information requirement\n\nA person of whom an information requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse—\nfor an individual not to give information if giving the information might tend to incriminate the person; or\nif the information sought by the requirement is not in fact relevant to—\nfor a requirement about a suspected contravention of this Act—the suspected contravention; or\nfor a requirement about whether an animal welfare direction has been complied with—the compliance or non-compliance with the direction.\ns 166 amd 2003 No. 82 s 4\n(sec.166-ssec.1) A person of whom an information requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.166-ssec.2) It is a reasonable excuse— for an individual not to give information if giving the information might tend to incriminate the person; or if the information sought by the requirement is not in fact relevant to— for a requirement about a suspected contravention of this Act—the suspected contravention; or for a requirement about whether an animal welfare direction has been complied with—the compliance or non-compliance with the direction.\n- (a) for an individual not to give information if giving the information might tend to incriminate the person; or\n- (b) if the information sought by the requirement is not in fact relevant to— (i) for a requirement about a suspected contravention of this Act—the suspected contravention; or (ii) for a requirement about whether an animal welfare direction has been complied with—the compliance or non-compliance with the direction.\n- (i) for a requirement about a suspected contravention of this Act—the suspected contravention; or\n- (ii) for a requirement about whether an animal welfare direction has been complied with—the compliance or non-compliance with the direction.\n- (i) for a requirement about a suspected contravention of this Act—the suspected contravention; or\n- (ii) for a requirement about whether an animal welfare direction has been complied with—the compliance or non-compliance with the direction.","sortOrder":248},{"sectionNumber":"sec.167","sectionType":"section","heading":"False or misleading statements","content":"### sec.167 False or misleading statements\n\nA person must not state anything to an inspector that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) applies even if the statement was not made in response to, or in purported compliance with, a personal details requirement or an information requirement or another specific requirement under a specific power.\n(sec.167-ssec.1) A person must not state anything to an inspector that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.167-ssec.2) Subsection (1) applies even if the statement was not made in response to, or in purported compliance with, a personal details requirement or an information requirement or another specific requirement under a specific power.","sortOrder":249},{"sectionNumber":"sec.168","sectionType":"section","heading":"Power to require production of documents","content":"### sec.168 Power to require production of documents\n\nAn inspector may require (a document production requirement ) a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a stated reasonable time and place a document—\nrequired to be held or kept by the person under—\nthis Act; or\nanother Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals; or\nin the person’s possession about a stated matter relating to this Act.\nThe inspector may keep the document to copy it.\nThe inspector must return the document to the person as soon as practicable after copying it.\n(sec.168-ssec.1) An inspector may require (a document production requirement ) a person to make available for inspection by an inspector, or produce to the inspector for inspection, at a stated reasonable time and place a document— required to be held or kept by the person under— this Act; or another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals; or in the person’s possession about a stated matter relating to this Act.\n(sec.168-ssec.2) The inspector may keep the document to copy it.\n(sec.168-ssec.3) The inspector must return the document to the person as soon as practicable after copying it.\n- (a) required to be held or kept by the person under— (i) this Act; or (ii) another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals; or\n- (i) this Act; or\n- (ii) another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals; or\n- (b) in the person’s possession about a stated matter relating to this Act.\n- (i) this Act; or\n- (ii) another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals; or","sortOrder":250},{"sectionNumber":"sec.169","sectionType":"section","heading":"Failure to comply with document production requirement","content":"### sec.169 Failure to comply with document production requirement\n\nA person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.\nHowever, subsection (2) does not apply if the document is required to be held or kept by the person under—\nthis Act; or\nanother Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals.\n(sec.169-ssec.1) A person of whom a document production requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.169-ssec.2) It is a reasonable excuse for an individual not to comply with a document production requirement if complying with the requirement might tend to incriminate the person.\n(sec.169-ssec.3) However, subsection (2) does not apply if the document is required to be held or kept by the person under— this Act; or another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals.\n- (a) this Act; or\n- (b) another Act or a law of the Commonwealth or another State if the document relates to the transportation of live animals.","sortOrder":251},{"sectionNumber":"sec.170","sectionType":"section","heading":"False or misleading documents","content":"### sec.170 False or misleading documents\n\nA person must not give an inspector a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) applies even if the document was not given in response to, or in purported compliance with, a document production, information or personal details requirement or another specific requirement under another specific power.\n(sec.170-ssec.1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.170-ssec.2) Subsection (1) applies even if the document was not given in response to, or in purported compliance with, a document production, information or personal details requirement or another specific requirement under another specific power.","sortOrder":252},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Notice of damage because of exercise of powers","content":"# Notice of damage because of exercise of powers","sortOrder":253},{"sectionNumber":"sec.171","sectionType":"section","heading":"Application of pt 3","content":"### sec.171 Application of pt 3\n\nThis part applies if—\nan inspector damages something when exercising, or purporting to exercise, a power; or\na person helping an inspector to exercise the inspector’s powers damages something.\nHowever, this part does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\n(sec.171-ssec.1) This part applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person helping an inspector to exercise the inspector’s powers damages something.\n(sec.171-ssec.2) However, this part does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n- (a) an inspector damages something when exercising, or purporting to exercise, a power; or\n- (b) a person helping an inspector to exercise the inspector’s powers damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.","sortOrder":254},{"sectionNumber":"sec.172","sectionType":"section","heading":"Requirement to give notice","content":"### sec.172 Requirement to give notice\n\nThe inspector must promptly give notice of the damage to the person who appears to the inspector to be the owner or person in possession of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the inspector must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe inspector may delay complying with subsection (1) or (2) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the inspector.\nThe delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.172-ssec.1) The inspector must promptly give notice of the damage to the person who appears to the inspector to be the owner or person in possession of the thing.\n(sec.172-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the inspector must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.172-ssec.3) The inspector may delay complying with subsection (1) or (2) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the inspector.\n(sec.172-ssec.4) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.","sortOrder":255},{"sectionNumber":"sec.173","sectionType":"section","heading":"Content of notice","content":"### sec.173 Content of notice\n\nA notice of damage under section 172 must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 191 .\nIf the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the inspector or a person helping the inspector, the inspector may state the belief in the notice.\n(sec.173-ssec.1) A notice of damage under section 172 must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 191 .\n(sec.173-ssec.2) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the control of the inspector or a person helping the inspector, the inspector may state the belief in the notice.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 191 .","sortOrder":256},{"sectionNumber":"ch.6A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":257},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.173A Definitions for chapter\n\nIn this chapter—\ninterstate law means a law of another State, or the Commonwealth, that corresponds to the provisions of this Act.\ninterstate prohibition decision means an order or another decision that—\nis made under an interstate law; and\nhas the effect of—\nordering the disposal or forfeiture of a thing or an animal; or\nprohibiting a person from possessing, purchasing or otherwise acquiring an animal.\ns 173A ins 2022 No. 35 s 32\n- (a) is made under an interstate law; and\n- (b) has the effect of— (i) ordering the disposal or forfeiture of a thing or an animal; or (ii) prohibiting a person from possessing, purchasing or otherwise acquiring an animal.\n- (i) ordering the disposal or forfeiture of a thing or an animal; or\n- (ii) prohibiting a person from possessing, purchasing or otherwise acquiring an animal.\n- (i) ordering the disposal or forfeiture of a thing or an animal; or\n- (ii) prohibiting a person from possessing, purchasing or otherwise acquiring an animal.","sortOrder":258},{"sectionNumber":"ch.6A-pt.2","sectionType":"part","heading":"Directions","content":"# Directions","sortOrder":259},{"sectionNumber":"sec.173B","sectionType":"section","heading":"Power to give directions","content":"### sec.173B Power to give directions\n\nThis section applies if a person is the subject of an interstate prohibition decision.\nThe chief executive may—\ndirect the forfeiture of an animal that is the subject of the interstate prohibition decision; or\ndirect that the person not possess, purchase or otherwise acquire—\na particular animal; or\na stated type of animal; or\ndirect that the person not possess, purchase or otherwise acquire any animal, or a stated type of animal, for trade or commerce or another stated purpose.\nA direction made under subsection (2) must—\nbe made in writing; and\nbe given to the person subject to the direction; and\nfor a direction made under subsection (2) (b) or (c) —state the period for which the direction applies.\ns 173B ins 2022 No. 35 s 32\n(sec.173B-ssec.1) This section applies if a person is the subject of an interstate prohibition decision.\n(sec.173B-ssec.2) The chief executive may— direct the forfeiture of an animal that is the subject of the interstate prohibition decision; or direct that the person not possess, purchase or otherwise acquire— a particular animal; or a stated type of animal; or direct that the person not possess, purchase or otherwise acquire any animal, or a stated type of animal, for trade or commerce or another stated purpose.\n(sec.173B-ssec.3) A direction made under subsection (2) must— be made in writing; and be given to the person subject to the direction; and for a direction made under subsection (2) (b) or (c) —state the period for which the direction applies.\n- (a) direct the forfeiture of an animal that is the subject of the interstate prohibition decision; or\n- (b) direct that the person not possess, purchase or otherwise acquire— (i) a particular animal; or (ii) a stated type of animal; or\n- (i) a particular animal; or\n- (ii) a stated type of animal; or\n- (c) direct that the person not possess, purchase or otherwise acquire any animal, or a stated type of animal, for trade or commerce or another stated purpose.\n- (i) a particular animal; or\n- (ii) a stated type of animal; or\n- (a) be made in writing; and\n- (b) be given to the person subject to the direction; and\n- (c) for a direction made under subsection (2) (b) or (c) —state the period for which the direction applies.","sortOrder":260},{"sectionNumber":"sec.173C","sectionType":"section","heading":"Criteria for making direction","content":"### sec.173C Criteria for making direction\n\nThe chief executive may make a direction under section 173B (2) only if satisfied it is just to make the direction in all the circumstances.\nIn considering whether to make the direction, the chief executive must consider each of the following—\nthe interstate prohibition decision;\nthe nature of the act or omission that is the subject of the interstate prohibition decision;\nthe effect of the act or omission on any animal;\nthe welfare of an animal that is the subject of the act or omission;\nthe welfare of any other animal owned by the person;\nthe person’s compliance or otherwise with the interstate law or the interstate prohibition decision;\nthe likelihood of the person committing an animal welfare offence.\nSubsection (2) does not limit the matters the chief executive may consider.\ns 173C ins 2022 No. 35 s 32\n(sec.173C-ssec.1) The chief executive may make a direction under section 173B (2) only if satisfied it is just to make the direction in all the circumstances.\n(sec.173C-ssec.2) In considering whether to make the direction, the chief executive must consider each of the following— the interstate prohibition decision; the nature of the act or omission that is the subject of the interstate prohibition decision; the effect of the act or omission on any animal; the welfare of an animal that is the subject of the act or omission; the welfare of any other animal owned by the person; the person’s compliance or otherwise with the interstate law or the interstate prohibition decision; the likelihood of the person committing an animal welfare offence.\n(sec.173C-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.\n- (a) the interstate prohibition decision;\n- (b) the nature of the act or omission that is the subject of the interstate prohibition decision;\n- (c) the effect of the act or omission on any animal;\n- (d) the welfare of an animal that is the subject of the act or omission;\n- (e) the welfare of any other animal owned by the person;\n- (f) the person’s compliance or otherwise with the interstate law or the interstate prohibition decision;\n- (g) the likelihood of the person committing an animal welfare offence.","sortOrder":261},{"sectionNumber":"sec.173D","sectionType":"section","heading":"Compliance with direction","content":"### sec.173D Compliance with direction\n\nA person subject to a direction made under section 173B (2) must comply with the direction unless the person has a reasonable excuse.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\nHowever, if the person applies for the revocation of the direction under section 173E , subsection (1) does not apply while the application is being considered.\ns 173D ins 2022 No. 35 s 32\n(sec.173D-ssec.1) A person subject to a direction made under section 173B (2) must comply with the direction unless the person has a reasonable excuse. Maximum penalty—300 penalty units or 1 year’s imprisonment.\n(sec.173D-ssec.2) However, if the person applies for the revocation of the direction under section 173E , subsection (1) does not apply while the application is being considered.","sortOrder":262},{"sectionNumber":"ch.6A-pt.3","sectionType":"part","heading":"Amendment or revocation of directions","content":"# Amendment or revocation of directions","sortOrder":263},{"sectionNumber":"sec.173E","sectionType":"section","heading":"Applying for amendment or revocation of a direction","content":"### sec.173E Applying for amendment or revocation of a direction\n\nA person subject to a direction under section 173B (2) may apply to the chief executive to amend or revoke the direction.\nThe application must be—\nmade in the approved form; and\nsupported by sufficient information to enable the chief executive to decide the application.\ns 173E ins 2022 No. 35 s 32\n(sec.173E-ssec.1) A person subject to a direction under section 173B (2) may apply to the chief executive to amend or revoke the direction.\n(sec.173E-ssec.2) The application must be— made in the approved form; and supported by sufficient information to enable the chief executive to decide the application.\n- (a) made in the approved form; and\n- (b) supported by sufficient information to enable the chief executive to decide the application.","sortOrder":264},{"sectionNumber":"sec.173F","sectionType":"section","heading":"Deciding application","content":"### sec.173F Deciding application\n\nThe chief executive must consider an application to amend or revoke a direction and decide to—\napprove the application; or\nrefuse to approve the application; or\nif the applicant agrees in writing to another amendment—approve the agreed amendment.\nThe chief executive may only approve an application under subsection (1) if satisfied—\nthere has been a substantial change in the person’s circumstances after the direction was made; or\nin all the circumstances, it is reasonable to amend or revoke the direction.\nHowever, the chief executive must approve an application to revoke a direction if the interstate prohibition decision to which the direction relates is reversed, cancelled or otherwise ends.\nIf the chief executive approves the application, the chief executive must give the applicant notice of the decision.\nIf the chief executive refuses to approve the application, the chief executive must give the applicant an information notice about the decision as soon as practicable after making the decision.\ns 173F ins 2022 No. 35 s 32\n(sec.173F-ssec.1) The chief executive must consider an application to amend or revoke a direction and decide to— approve the application; or refuse to approve the application; or if the applicant agrees in writing to another amendment—approve the agreed amendment.\n(sec.173F-ssec.2) The chief executive may only approve an application under subsection (1) if satisfied— there has been a substantial change in the person’s circumstances after the direction was made; or in all the circumstances, it is reasonable to amend or revoke the direction.\n(sec.173F-ssec.3) However, the chief executive must approve an application to revoke a direction if the interstate prohibition decision to which the direction relates is reversed, cancelled or otherwise ends.\n(sec.173F-ssec.4) If the chief executive approves the application, the chief executive must give the applicant notice of the decision.\n(sec.173F-ssec.5) If the chief executive refuses to approve the application, the chief executive must give the applicant an information notice about the decision as soon as practicable after making the decision.\n- (a) approve the application; or\n- (b) refuse to approve the application; or\n- (c) if the applicant agrees in writing to another amendment—approve the agreed amendment.\n- (a) there has been a substantial change in the person’s circumstances after the direction was made; or\n- (b) in all the circumstances, it is reasonable to amend or revoke the direction.","sortOrder":265},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":266},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"General evidentiary aids","content":"## General evidentiary aids","sortOrder":267},{"sectionNumber":"sec.174","sectionType":"section","heading":"Application of div 1","content":"### sec.174 Application of div 1\n\nThis division applies to a proceeding under or in relation to this Act.","sortOrder":268},{"sectionNumber":"sec.175","sectionType":"section","heading":"Appointments and authority","content":"### sec.175 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of an authorised officer or inspector;\nthe power of the chief executive, an authorised officer or inspector to do anything under this Act.\n- (a) the appointment of an authorised officer or inspector;\n- (b) the power of the chief executive, an authorised officer or inspector to do anything under this Act.","sortOrder":269},{"sectionNumber":"sec.176","sectionType":"section","heading":"Signatures","content":"### sec.176 Signatures\n\nA signature purporting to be the signature of the chief executive, an authorised officer or inspector is evidence of the signature it purports to be.","sortOrder":270},{"sectionNumber":"sec.177","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.177 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na stated document is a thing as follows given, issued, kept or made under this Act—\nan appointment, approval or decision;\nan animal welfare direction;\na code of practice;\na direction, notice or requirement;\na licence or permit;\na record;\nthe register;\na stated document is another document kept under this Act;\na stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat, on a stated day—\na stated person was given a stated decision, direction or notice under this Act; or\na stated requirement under this Act was made of a stated person;\non a stated day, or during a stated period, a stated person was or was not registered or the person’s registration was suspended;\na person’s registration details on a stated day or during a stated period;\na stated amount is payable under this Act by a stated person.\n- (a) a stated document is a thing as follows given, issued, kept or made under this Act— (i) an appointment, approval or decision; (ii) an animal welfare direction; (iii) a code of practice; (iv) a direction, notice or requirement; (v) a licence or permit; (vi) a record; (vii) the register;\n- (i) an appointment, approval or decision;\n- (ii) an animal welfare direction;\n- (iii) a code of practice;\n- (iv) a direction, notice or requirement;\n- (v) a licence or permit;\n- (vi) a record;\n- (vii) the register;\n- (b) a stated document is another document kept under this Act;\n- (c) a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) that, on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act; or (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (e) on a stated day, or during a stated period, a stated person was or was not registered or the person’s registration was suspended;\n- (f) a person’s registration details on a stated day or during a stated period;\n- (g) a stated amount is payable under this Act by a stated person.\n- (i) an appointment, approval or decision;\n- (ii) an animal welfare direction;\n- (iii) a code of practice;\n- (iv) a direction, notice or requirement;\n- (v) a licence or permit;\n- (vi) a record;\n- (vii) the register;\n- (i) a stated person was given a stated decision, direction or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;","sortOrder":271},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":272},{"sectionNumber":"sec.178","sectionType":"section","heading":"Offences under Act are summary","content":"### sec.178 Offences under Act are summary\n\nAn offence against this Act is a summary offence.\nA proceeding for the offence must start within the later of the following periods to end—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\nA prosecution may only be started by a person authorised by the chief executive to bring the prosecution.\ns 178 amd 2022 No. 35 s 33\n(sec.178-ssec.1) An offence against this Act is a summary offence.\n(sec.178-ssec.2) A proceeding for the offence must start within the later of the following periods to end— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.178-ssec.3) A prosecution may only be started by a person authorised by the chief executive to bring the prosecution.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":273},{"sectionNumber":"sec.179","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.179 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.","sortOrder":274},{"sectionNumber":"sec.180","sectionType":"section","heading":"False or misleading statements","content":"### sec.180 False or misleading statements\n\nThis section applies to a proceeding for an offence against this Act defined as involving—\nfalse or misleading information; or\na false or misleading document or statement.\nIt is enough for the complaint starting the proceeding to state the document, information or statement was ‘false or misleading’ to the defendant’s knowledge, without specifying which.\nIn the proceeding, evidence that the document, information or statement was given or made recklessly is evidence that it was given or made so as to be false or misleading.\n(sec.180-ssec.1) This section applies to a proceeding for an offence against this Act defined as involving— false or misleading information; or a false or misleading document or statement.\n(sec.180-ssec.2) It is enough for the complaint starting the proceeding to state the document, information or statement was ‘false or misleading’ to the defendant’s knowledge, without specifying which.\n(sec.180-ssec.3) In the proceeding, evidence that the document, information or statement was given or made recklessly is evidence that it was given or made so as to be false or misleading.\n- (a) false or misleading information; or\n- (b) a false or misleading document or statement.","sortOrder":275},{"sectionNumber":"sec.181","sectionType":"section","heading":"Conduct of representatives","content":"### sec.181 Conduct of representatives\n\nThis section applies to a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind in relation to particular conduct, it is enough to show—\nthe conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nConduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves—\nif the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\nthe person was not in a position to influence the representative in relation to the conduct.\nIn this section—\nengaging in conduct includes failing to engage in conduct.\nrepresentative means—\nfor a corporation—an agent, employee or executive officer of the corporation; or\nfor an individual—an agent or employee of the individual.\nstate of mind of a person includes the person’s—\nbelief, intention, knowledge, opinion or purpose; and\nreasons for the belief, intention, opinion or purpose.\ns 181 amd 2024 No. 17 s 6\n(sec.181-ssec.1) This section applies to a proceeding for an offence against this Act.\n(sec.181-ssec.2) If it is relevant to prove a person’s state of mind in relation to particular conduct, it is enough to show— the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.181-ssec.3) Conduct engaged in for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been engaged in also by the person unless the person proves— if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or the person was not in a position to influence the representative in relation to the conduct.\n(sec.181-ssec.4) In this section— engaging in conduct includes failing to engage in conduct. representative means— for a corporation—an agent, employee or executive officer of the corporation; or for an individual—an agent or employee of the individual. state of mind of a person includes the person’s— belief, intention, knowledge, opinion or purpose; and reasons for the belief, intention, opinion or purpose.\n- (a) the conduct was engaged in by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) if the person was in a position to influence the representative in relation to the conduct—the person took reasonable steps to prevent the conduct; or\n- (b) the person was not in a position to influence the representative in relation to the conduct.\n- (a) for a corporation—an agent, employee or executive officer of the corporation; or\n- (b) for an individual—an agent or employee of the individual.\n- (a) belief, intention, knowledge, opinion or purpose; and\n- (b) reasons for the belief, intention, opinion or purpose.","sortOrder":276},{"sectionNumber":"sec.181A","sectionType":"section","heading":"Interim prohibition order","content":"### sec.181A Interim prohibition order\n\nThis section applies if a person is charged with an animal welfare offence (the alleged offence ).\nThe court may order (an interim prohibition order ) that, pending completion of the proceeding for the alleged offence, the person must not possess or purchase or otherwise acquire—\nany animal; or\na stated type of animal; or\nany animal, or a stated type of animal, for trade or commerce or another stated purpose.\nThe court may make an interim prohibition order against the person only if the court is satisfied there are reasonable grounds for believing there is an unacceptable risk the person will commit an animal welfare offence before the completion of the proceeding for the alleged offence.\nAn interim prohibition order may be made against the person—\nonly at the court’s initiative or on an application by the prosecution; and\nin the person’s absence.\nHowever, the court must not make an interim prohibition order unless the person has been given an opportunity to be heard about whether the order should be made.\nAn interim prohibition order—\ntakes effect—\nif the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or\notherwise—when the order is served on the person; and\nends on the earlier of the following—\nthe completion of the proceeding for the alleged offence;\nthe revocation of the order under section 187A .\nFor this section, if the alleged offence is heard and decided on indictment, the proceeding for the alleged offence is completed when the proceeding on indictment is completed.\ns 181A ins 2014 No. 39 s 11\n(sec.181A-ssec.1) This section applies if a person is charged with an animal welfare offence (the alleged offence ).\n(sec.181A-ssec.2) The court may order (an interim prohibition order ) that, pending completion of the proceeding for the alleged offence, the person must not possess or purchase or otherwise acquire— any animal; or a stated type of animal; or any animal, or a stated type of animal, for trade or commerce or another stated purpose.\n(sec.181A-ssec.3) The court may make an interim prohibition order against the person only if the court is satisfied there are reasonable grounds for believing there is an unacceptable risk the person will commit an animal welfare offence before the completion of the proceeding for the alleged offence.\n(sec.181A-ssec.4) An interim prohibition order may be made against the person— only at the court’s initiative or on an application by the prosecution; and in the person’s absence.\n(sec.181A-ssec.5) However, the court must not make an interim prohibition order unless the person has been given an opportunity to be heard about whether the order should be made.\n(sec.181A-ssec.6) An interim prohibition order— takes effect— if the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or otherwise—when the order is served on the person; and ends on the earlier of the following— the completion of the proceeding for the alleged offence; the revocation of the order under section 187A .\n(sec.181A-ssec.7) For this section, if the alleged offence is heard and decided on indictment, the proceeding for the alleged offence is completed when the proceeding on indictment is completed.\n- (a) any animal; or\n- (b) a stated type of animal; or\n- (c) any animal, or a stated type of animal, for trade or commerce or another stated purpose.\n- (a) only at the court’s initiative or on an application by the prosecution; and\n- (b) in the person’s absence.\n- (a) takes effect— (i) if the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or (ii) otherwise—when the order is served on the person; and\n- (i) if the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or\n- (ii) otherwise—when the order is served on the person; and\n- (b) ends on the earlier of the following— (i) the completion of the proceeding for the alleged offence; (ii) the revocation of the order under section 187A .\n- (i) the completion of the proceeding for the alleged offence;\n- (ii) the revocation of the order under section 187A .\n- (i) if the person or the person’s legal representative is at the hearing when the order is made—when the order is made; or\n- (ii) otherwise—when the order is served on the person; and\n- (i) the completion of the proceeding for the alleged offence;\n- (ii) the revocation of the order under section 187A .","sortOrder":277},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Orders relating to animal welfare offences","content":"# Orders relating to animal welfare offences","sortOrder":278},{"sectionNumber":"sec.182","sectionType":"section","heading":"Disposal order","content":"### sec.182 Disposal order\n\nThe court may order (a disposal order ) the disposal or forfeiture of any of the following things that a person convicted of an animal welfare offence owns—\nthe animal or anything else that was the subject of, or used to commit, the offence;\nanother animal;\nanother thing the court considers is likely to be used in committing a further animal welfare offence.\nIf a disposal order orders the sale of an animal, the order may direct—\nthe way in which the sale is to take place; or\nhow the proceeds of the sale are to be distributed.\n(sec.182-ssec.1) The court may order (a disposal order ) the disposal or forfeiture of any of the following things that a person convicted of an animal welfare offence owns— the animal or anything else that was the subject of, or used to commit, the offence; another animal; another thing the court considers is likely to be used in committing a further animal welfare offence.\n(sec.182-ssec.2) If a disposal order orders the sale of an animal, the order may direct— the way in which the sale is to take place; or how the proceeds of the sale are to be distributed.\n- (a) the animal or anything else that was the subject of, or used to commit, the offence;\n- (b) another animal;\n- (c) another thing the court considers is likely to be used in committing a further animal welfare offence.\n- (a) the way in which the sale is to take place; or\n- (b) how the proceeds of the sale are to be distributed.","sortOrder":279},{"sectionNumber":"sec.183","sectionType":"section","heading":"Prohibition order","content":"### sec.183 Prohibition order\n\nThe court may order (a prohibition order ) that a person convicted of an animal welfare offence must not possess or purchase or otherwise acquire—\nany animal; or\na stated type of animal; or\nany animal, or a stated type of animal, for trade or commerce or another stated purpose.\nA prohibition order may be made permanently or for a stated period.\nSee section 188 (Review of certain prohibition orders).\ns 183 amd 2014 No. 39 s 12\n(sec.183-ssec.1) The court may order (a prohibition order ) that a person convicted of an animal welfare offence must not possess or purchase or otherwise acquire— any animal; or a stated type of animal; or any animal, or a stated type of animal, for trade or commerce or another stated purpose.\n(sec.183-ssec.2) A prohibition order may be made permanently or for a stated period. See section 188 (Review of certain prohibition orders).\n- (a) any animal; or\n- (b) a stated type of animal; or\n- (c) any animal, or a stated type of animal, for trade or commerce or another stated purpose.","sortOrder":280},{"sectionNumber":"sec.184","sectionType":"section","heading":"Order against owner in certain cases","content":"### sec.184 Order against owner in certain cases\n\nThis section applies if—\na person has been convicted of an animal welfare offence; and\nsomeone else (the owner ) owns the animal the subject of the offence.\nThe court may make a disposal or prohibition order against the owner as if the owner had been convicted of the offence if the court considers—\nan act done, or omission made, by the owner contributed to, or allowed, the commission of the offence; and\nthe owner is, and will continue to be, incapable of exercising the owner’s duty of care to the animal.\n(sec.184-ssec.1) This section applies if— a person has been convicted of an animal welfare offence; and someone else (the owner ) owns the animal the subject of the offence.\n(sec.184-ssec.2) The court may make a disposal or prohibition order against the owner as if the owner had been convicted of the offence if the court considers— an act done, or omission made, by the owner contributed to, or allowed, the commission of the offence; and the owner is, and will continue to be, incapable of exercising the owner’s duty of care to the animal.\n- (a) a person has been convicted of an animal welfare offence; and\n- (b) someone else (the owner ) owns the animal the subject of the offence.\n- (a) an act done, or omission made, by the owner contributed to, or allowed, the commission of the offence; and\n- (b) the owner is, and will continue to be, incapable of exercising the owner’s duty of care to the animal.","sortOrder":281},{"sectionNumber":"sec.185","sectionType":"section","heading":"Criteria for making disposal or prohibition order","content":"### sec.185 Criteria for making disposal or prohibition order\n\nThe court may make a disposal or prohibition order against a person only if the court is satisfied, on the balance of probabilities, it is just to make the order in the circumstances.\nIn considering whether it is just to make the order, the court must consider each of the following—\nthe nature of the animal welfare offence to which the hearing relates;\nthe effect of the offence on any animal that was the subject of, or used to commit, the offence;\nthe welfare of the animal and any other animal owned by the person;\nthe likelihood of the person committing another animal welfare offence;\nif an interim prohibition order is in effect against the person—the person’s compliance or otherwise with the order.\nSubsection (2) does not limit the matters the court may consider.\nThe court may make the order, to the extent it relates to an animal, whether or not it considers another animal welfare offence is likely to be committed in relation to the animal.\nSee also section 9 (4) (Act does not affect other rights or remedies).\ns 185 amd 2014 No. 39 s 13\n(sec.185-ssec.1) The court may make a disposal or prohibition order against a person only if the court is satisfied, on the balance of probabilities, it is just to make the order in the circumstances.\n(sec.185-ssec.2) In considering whether it is just to make the order, the court must consider each of the following— the nature of the animal welfare offence to which the hearing relates; the effect of the offence on any animal that was the subject of, or used to commit, the offence; the welfare of the animal and any other animal owned by the person; the likelihood of the person committing another animal welfare offence; if an interim prohibition order is in effect against the person—the person’s compliance or otherwise with the order.\n(sec.185-ssec.3) Subsection (2) does not limit the matters the court may consider.\n(sec.185-ssec.4) The court may make the order, to the extent it relates to an animal, whether or not it considers another animal welfare offence is likely to be committed in relation to the animal. See also section 9 (4) (Act does not affect other rights or remedies).\n- (a) the nature of the animal welfare offence to which the hearing relates;\n- (b) the effect of the offence on any animal that was the subject of, or used to commit, the offence;\n- (c) the welfare of the animal and any other animal owned by the person;\n- (d) the likelihood of the person committing another animal welfare offence;\n- (e) if an interim prohibition order is in effect against the person—the person’s compliance or otherwise with the order.","sortOrder":282},{"sectionNumber":"sec.186","sectionType":"section","heading":"Procedure and powers for making disposal or prohibition order","content":"### sec.186 Procedure and powers for making disposal or prohibition order\n\nA disposal or prohibition order may be made only—\nat the court’s initiative; or\non an application by the prosecution, which may be made at any time.\nThe court must not make an order under section 184 unless the owner under that section has been given an opportunity to be heard about whether the order should be made.\nIn deciding whether to make another disposal or prohibition order, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, the animal’s owner if the person against whom the order is sought is not the owner; and\nmust not refuse to hear a person to whom the notice is given.\nThe court may make a disposal order and a prohibition order against the same person in relation to the same offence.\n(sec.186-ssec.1) A disposal or prohibition order may be made only— at the court’s initiative; or on an application by the prosecution, which may be made at any time.\n(sec.186-ssec.2) The court must not make an order under section 184 unless the owner under that section has been given an opportunity to be heard about whether the order should be made.\n(sec.186-ssec.3) In deciding whether to make another disposal or prohibition order, the court— may require notice to be given to anyone the court considers appropriate, including, for example, the animal’s owner if the person against whom the order is sought is not the owner; and must not refuse to hear a person to whom the notice is given.\n(sec.186-ssec.4) The court may make a disposal order and a prohibition order against the same person in relation to the same offence.\n- (a) at the court’s initiative; or\n- (b) on an application by the prosecution, which may be made at any time.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, the animal’s owner if the person against whom the order is sought is not the owner; and\n- (b) must not refuse to hear a person to whom the notice is given.","sortOrder":283},{"sectionNumber":"sec.187","sectionType":"section","heading":"Contravention of prohibition order unlawful","content":"### sec.187 Contravention of prohibition order unlawful\n\nA person against whom a prohibition order or interim prohibition order has been made must not unlawfully contravene the order.\nMaximum penalty—300 penalty units or 1 year’s imprisonment.\ns 187 amd 2013 No. 51 s 229 sch 1 ; 2014 No. 39 s 14 ; 2024 No. 17 s 192 s ch 1 pt 1","sortOrder":284},{"sectionNumber":"sec.187A","sectionType":"section","heading":"Amendment or revocation of interim prohibition order","content":"### sec.187A Amendment or revocation of interim prohibition order\n\nThis section applies if an interim prohibition order is made against a person.\nA relevant court may amend or revoke the interim prohibition order on an application under this section.\nThe person may make an application if at least 6 months has passed since—\nthe interim prohibition order was made; or\nthe person last made an application under this section.\nThe prosecution may make an application at any time.\nThe court may amend or revoke the interim prohibition order only if satisfied that—\nthere has been a substantial change in the person’s circumstances since the order was made; or\nin all the circumstances, it is reasonable to amend or revoke the order.\nThe applicant must give the chief executive notice of the application.\nIn deciding the application, the court must give the chief executive and anyone else it considers appropriate an opportunity to be heard.\nIn this section—\nrelevant court means—\nthe court that made the interim prohibition order; or\nif another court is dealing with the proceeding for the alleged offence on indictment—that court.\ns 187A ins 2014 No. 39 s 15\n(sec.187A-ssec.1) This section applies if an interim prohibition order is made against a person.\n(sec.187A-ssec.2) A relevant court may amend or revoke the interim prohibition order on an application under this section.\n(sec.187A-ssec.3) The person may make an application if at least 6 months has passed since— the interim prohibition order was made; or the person last made an application under this section.\n(sec.187A-ssec.4) The prosecution may make an application at any time.\n(sec.187A-ssec.5) The court may amend or revoke the interim prohibition order only if satisfied that— there has been a substantial change in the person’s circumstances since the order was made; or in all the circumstances, it is reasonable to amend or revoke the order.\n(sec.187A-ssec.6) The applicant must give the chief executive notice of the application.\n(sec.187A-ssec.7) In deciding the application, the court must give the chief executive and anyone else it considers appropriate an opportunity to be heard.\n(sec.187A-ssec.8) In this section— relevant court means— the court that made the interim prohibition order; or if another court is dealing with the proceeding for the alleged offence on indictment—that court.\n- (a) the interim prohibition order was made; or\n- (b) the person last made an application under this section.\n- (a) there has been a substantial change in the person’s circumstances since the order was made; or\n- (b) in all the circumstances, it is reasonable to amend or revoke the order.\n- (a) the court that made the interim prohibition order; or\n- (b) if another court is dealing with the proceeding for the alleged offence on indictment—that court.","sortOrder":285},{"sectionNumber":"sec.188","sectionType":"section","heading":"Review of certain prohibition orders","content":"### sec.188 Review of certain prohibition orders\n\nThis section applies if a prohibition order has been made against a person permanently or for a stated period of 5 years or more.\nThe court that made the prohibition order (whether or not constituted by the same judicial officer) may, on the application of the person, amend or cancel the order (a review order ).\nHowever—\nthe person can not apply for a review order if the person has within 12 months applied for a review order in relation to the prohibition order; and\nthe court must not make a review order within 5 years after the prohibition order was made.\nThe applicant must give the chief executive notice of the application.\nIn deciding the application, the court must—\ngive the chief executive and anyone else it considers appropriate an opportunity to be heard; and\nconsider the matters mentioned in section 185 (2) in relation to the prohibition order and any change relevant to the matters since the order was made.\n(sec.188-ssec.1) This section applies if a prohibition order has been made against a person permanently or for a stated period of 5 years or more.\n(sec.188-ssec.2) The court that made the prohibition order (whether or not constituted by the same judicial officer) may, on the application of the person, amend or cancel the order (a review order ).\n(sec.188-ssec.3) However— the person can not apply for a review order if the person has within 12 months applied for a review order in relation to the prohibition order; and the court must not make a review order within 5 years after the prohibition order was made.\n(sec.188-ssec.4) The applicant must give the chief executive notice of the application.\n(sec.188-ssec.5) In deciding the application, the court must— give the chief executive and anyone else it considers appropriate an opportunity to be heard; and consider the matters mentioned in section 185 (2) in relation to the prohibition order and any change relevant to the matters since the order was made.\n- (a) the person can not apply for a review order if the person has within 12 months applied for a review order in relation to the prohibition order; and\n- (b) the court must not make a review order within 5 years after the prohibition order was made.\n- (a) give the chief executive and anyone else it considers appropriate an opportunity to be heard; and\n- (b) consider the matters mentioned in section 185 (2) in relation to the prohibition order and any change relevant to the matters since the order was made.","sortOrder":286},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Remedies","content":"# Remedies","sortOrder":287},{"sectionNumber":"sec.189","sectionType":"section","heading":"Recovery of seizure, compliance or destruction costs","content":"### sec.189 Recovery of seizure, compliance or destruction costs\n\nThis section applies if the State or a prescribed entity has incurred a cost for an inspector employed or engaged by it to do 1 or more of the following acts in relation to an animal—\nif the animal has, under chapter 6 , part 2 , been seized—\ntaking possession of, or moving, the animal; or\nthe costs of mustering, unloading or yarding cattle\ntaking action to restrict access to the animal; or\nproviding it with accommodation, food, rest, water or other living conditions; or\narranging for it to receive veterinary or other treatment;\nif an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;\nif the animal has been destroyed under section 162 —destroying it.\nThe State or entity may recover the cost from the animal’s owner or former owner if the incurring of the cost was necessary and reasonable—\nin the interests of the animal’s welfare or to destroy it; or\nif the animal has been destroyed under section 162 —for the destruction.\nHowever, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was kept under section 152 (2) (e) , it may be recovered only if the animal’s retention was reasonably required as evidence.\ns 189 amd 2020 No. 3 s 12\n(sec.189-ssec.1) This section applies if the State or a prescribed entity has incurred a cost for an inspector employed or engaged by it to do 1 or more of the following acts in relation to an animal— if the animal has, under chapter 6 , part 2 , been seized— taking possession of, or moving, the animal; or the costs of mustering, unloading or yarding cattle taking action to restrict access to the animal; or providing it with accommodation, food, rest, water or other living conditions; or arranging for it to receive veterinary or other treatment; if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with; if the animal has been destroyed under section 162 —destroying it.\n(sec.189-ssec.2) The State or entity may recover the cost from the animal’s owner or former owner if the incurring of the cost was necessary and reasonable— in the interests of the animal’s welfare or to destroy it; or if the animal has been destroyed under section 162 —for the destruction.\n(sec.189-ssec.3) However, if a cost mentioned in subsection (1) (a) (iii) or (iv) was for a period during which the animal was kept under section 152 (2) (e) , it may be recovered only if the animal’s retention was reasonably required as evidence.\n- (a) if the animal has, under chapter 6 , part 2 , been seized— (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle (ii) taking action to restrict access to the animal; or (iii) providing it with accommodation, food, rest, water or other living conditions; or (iv) arranging for it to receive veterinary or other treatment;\n- (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle\n- (ii) taking action to restrict access to the animal; or\n- (iii) providing it with accommodation, food, rest, water or other living conditions; or\n- (iv) arranging for it to receive veterinary or other treatment;\n- (b) if an animal welfare direction given in relation to the animal has not been complied with—taking action to ensure the direction is complied with;\n- (c) if the animal has been destroyed under section 162 —destroying it.\n- (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle\n- (ii) taking action to restrict access to the animal; or\n- (iii) providing it with accommodation, food, rest, water or other living conditions; or\n- (iv) arranging for it to receive veterinary or other treatment;\n- (a) in the interests of the animal’s welfare or to destroy it; or\n- (b) if the animal has been destroyed under section 162 —for the destruction.","sortOrder":288},{"sectionNumber":"sec.190","sectionType":"section","heading":"Compensation because of animal welfare offence","content":"### sec.190 Compensation because of animal welfare offence\n\nA court may order a person convicted of an animal welfare offence to—\npay compensation to a person who, because of the commission of the offence, has—\nsuffered damage or loss to property; or\nincurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\npay a person an amount for costs incurred by the person in—\ntaking possession of, or moving, the animal; or\nthe costs of mustering, unloading or yarding cattle\nproviding it with accommodation, food, rest, water or other living conditions; or\narranging for it to receive veterinary or other treatment.\nHowever, an order under subsection (1) can not be made in favour of the State or a prescribed entity.\n(sec.190-ssec.1) A court may order a person convicted of an animal welfare offence to— pay compensation to a person who, because of the commission of the offence, has— suffered damage or loss to property; or incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or pay a person an amount for costs incurred by the person in— taking possession of, or moving, the animal; or the costs of mustering, unloading or yarding cattle providing it with accommodation, food, rest, water or other living conditions; or arranging for it to receive veterinary or other treatment.\n(sec.190-ssec.2) However, an order under subsection (1) can not be made in favour of the State or a prescribed entity.\n- (a) pay compensation to a person who, because of the commission of the offence, has— (i) suffered damage or loss to property; or (ii) incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\n- (i) suffered damage or loss to property; or\n- (ii) incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\n- (b) pay a person an amount for costs incurred by the person in— (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle (ii) providing it with accommodation, food, rest, water or other living conditions; or (iii) arranging for it to receive veterinary or other treatment.\n- (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle\n- (ii) providing it with accommodation, food, rest, water or other living conditions; or\n- (iii) arranging for it to receive veterinary or other treatment.\n- (i) suffered damage or loss to property; or\n- (ii) incurred costs in avoiding or minimising, or attempting to avoid or minimise, damage or loss to property; or\n- (i) taking possession of, or moving, the animal; or Example for subparagraph (i) — the costs of mustering, unloading or yarding cattle\n- (ii) providing it with accommodation, food, rest, water or other living conditions; or\n- (iii) arranging for it to receive veterinary or other treatment.","sortOrder":289},{"sectionNumber":"sec.191","sectionType":"section","heading":"Compensation because of exercise of powers","content":"### sec.191 Compensation because of exercise of powers\n\nA person may claim compensation from the State if the person incurs a cost, damage or loss because of the exercise, or purported exercise, of a power under chapter 5 or 6 , other than because of a lawful seizure.\nWithout limiting subsection (1) , compensation may be claimed for a cost, damage or loss incurred in complying with an action, document production, help, information or personal details requirement made of the person.\n(sec.191-ssec.1) A person may claim compensation from the State if the person incurs a cost, damage or loss because of the exercise, or purported exercise, of a power under chapter 5 or 6 , other than because of a lawful seizure.\n(sec.191-ssec.2) Without limiting subsection (1) , compensation may be claimed for a cost, damage or loss incurred in complying with an action, document production, help, information or personal details requirement made of the person.","sortOrder":290},{"sectionNumber":"sec.192","sectionType":"section","heading":"General provisions for orders under pt 3","content":"### sec.192 General provisions for orders under pt 3\n\nCompensation or costs that may be recovered under this part may be claimed and ordered in a proceeding—\nbrought in a court of competent jurisdiction; or\nfor an offence against this Act to which the claim relates.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSee also sections 9 (Act does not affect other rights or remedies) and 204 (2) (Particular powers about seizure or forfeiture).\ns 192 amd 2009 No. 24 s 321\n(sec.192-ssec.1) Compensation or costs that may be recovered under this part may be claimed and ordered in a proceeding— brought in a court of competent jurisdiction; or for an offence against this Act to which the claim relates.\n(sec.192-ssec.2) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.192-ssec.3) In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.\n(sec.192-ssec.4) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation. See also sections 9 (Act does not affect other rights or remedies) and 204 (2) (Particular powers about seizure or forfeiture).\n- (a) brought in a court of competent jurisdiction; or\n- (b) for an offence against this Act to which the claim relates.","sortOrder":291},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Reviews and appeals","content":"# Reviews and appeals","sortOrder":292},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Internal reviews","content":"## Internal reviews","sortOrder":293},{"sectionNumber":"sec.193","sectionType":"section","heading":"Internal review process","content":"### sec.193 Internal review process\n\nEvery appeal against, or external review of, an original decision must be in the first instance by way of an application for internal review.\ns 193 sub 2009 No. 24 s 323","sortOrder":294},{"sectionNumber":"sec.194","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.194 Who may apply for internal review\n\nAn interested person for an original decision may apply to the chief executive for an internal review of the decision (an internal review application ).\ns 194 sub 2009 No. 24 s 323","sortOrder":295},{"sectionNumber":"sec.195","sectionType":"section","heading":"Requirements for making application","content":"### sec.195 Requirements for making application\n\nAn internal review application must be—\nin the approved form; and\nsupported by enough information to enable the chief executive to decide the application; and\nmade within 14 days after the applicant is given the information notice about the original decision the subject of the application.\nHowever, the chief executive may, at any time, extend the time for making an internal review application.\ns 195 amd 2009 No. 24 s 324\n(sec.195-ssec.1) An internal review application must be— in the approved form; and supported by enough information to enable the chief executive to decide the application; and made within 14 days after the applicant is given the information notice about the original decision the subject of the application.\n(sec.195-ssec.2) However, the chief executive may, at any time, extend the time for making an internal review application.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the chief executive to decide the application; and\n- (c) made within 14 days after the applicant is given the information notice about the original decision the subject of the application.","sortOrder":296},{"sectionNumber":"sec.196","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.196 Stay of operation of original decision\n\nAn internal review application does not stay the original decision the subject of the application.\nHowever, the applicant may immediately apply for a stay of the original decision to the relevant body.\nThe relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.\nThe stay—\nmay be given on conditions the relevant body considers appropriate; and\noperates for the period fixed by the relevant body; and\nmay be amended or revoked by the relevant body.\nThe period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.\nAn internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\nIn this section—\nrelevant body means—\nfor an original decision to seize or forfeit an animal or other thing—the Magistrates Court; or\nfor another original decision—QCAT.\ns 196 amd 2009 No. 24 s 325\n(sec.196-ssec.1) An internal review application does not stay the original decision the subject of the application.\n(sec.196-ssec.2) However, the applicant may immediately apply for a stay of the original decision to the relevant body.\n(sec.196-ssec.3) The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.\n(sec.196-ssec.4) The stay— may be given on conditions the relevant body considers appropriate; and operates for the period fixed by the relevant body; and may be amended or revoked by the relevant body.\n(sec.196-ssec.5) The period of the stay must not extend past the time when the chief executive makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.\n(sec.196-ssec.6) An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\n(sec.196-ssec.7) In this section— relevant body means— for an original decision to seize or forfeit an animal or other thing—the Magistrates Court; or for another original decision—QCAT.\n- (a) may be given on conditions the relevant body considers appropriate; and\n- (b) operates for the period fixed by the relevant body; and\n- (c) may be amended or revoked by the relevant body.\n- (a) for an original decision to seize or forfeit an animal or other thing—the Magistrates Court; or\n- (b) for another original decision—QCAT.","sortOrder":297},{"sectionNumber":"sec.197","sectionType":"section","heading":"Internal review","content":"### sec.197 Internal review\n\nThe chief executive must, within 20 days after receiving an internal review application made under section 195 —\nconduct an internal review of the original decision the subject of the application; and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made by the chief executive personally.\nIf the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.\ns 197 amd 2009 No. 24 s 326\n(sec.197-ssec.1) The chief executive must, within 20 days after receiving an internal review application made under section 195 — conduct an internal review of the original decision the subject of the application; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.197-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.197-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive personally.\n(sec.197-ssec.4) If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.\n(sec.197-ssec.5) If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.\n- (a) conduct an internal review of the original decision the subject of the application; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made by the chief executive personally.","sortOrder":298},{"sectionNumber":"sec.198","sectionType":"section","heading":"Notice of internal review decision","content":"### sec.198 Notice of internal review decision\n\nThe chief executive must, within 10 days after making an internal review decision, give the applicant notice (the internal review notice ) of the decision.\nIf the internal review decision is not the decision sought by the applicant, the internal review notice must—\nfor an original decision to seize or forfeit an animal or other thing, state the following—\nthe reasons for the decision;\nthat the applicant may, within 28 days after the notice is given, appeal against the decision to the Magistrates Court;\nhow to appeal;\nthat the applicant may apply to the court for a stay of the decision; or\nfor another decision—be accompanied by a QCAT information notice for the decision.\nIf the chief executive does not give the internal review notice within the 10 days, the chief executive is taken to have made an internal review decision confirming the original decision.\nFor a decision mentioned in subsection (2) (b) , the chief executive must give an information notice only if this Act so requires.\ns 198 sub 2009 No. 24 s 327\n(sec.198-ssec.1) The chief executive must, within 10 days after making an internal review decision, give the applicant notice (the internal review notice ) of the decision.\n(sec.198-ssec.2) If the internal review decision is not the decision sought by the applicant, the internal review notice must— for an original decision to seize or forfeit an animal or other thing, state the following— the reasons for the decision; that the applicant may, within 28 days after the notice is given, appeal against the decision to the Magistrates Court; how to appeal; that the applicant may apply to the court for a stay of the decision; or for another decision—be accompanied by a QCAT information notice for the decision.\n(sec.198-ssec.3) If the chief executive does not give the internal review notice within the 10 days, the chief executive is taken to have made an internal review decision confirming the original decision.\n(sec.198-ssec.4) For a decision mentioned in subsection (2) (b) , the chief executive must give an information notice only if this Act so requires.\n- (a) for an original decision to seize or forfeit an animal or other thing, state the following— (i) the reasons for the decision; (ii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the Magistrates Court; (iii) how to appeal; (iv) that the applicant may apply to the court for a stay of the decision; or\n- (i) the reasons for the decision;\n- (ii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the Magistrates Court;\n- (iii) how to appeal;\n- (iv) that the applicant may apply to the court for a stay of the decision; or\n- (b) for another decision—be accompanied by a QCAT information notice for the decision.\n- (i) the reasons for the decision;\n- (ii) that the applicant may, within 28 days after the notice is given, appeal against the decision to the Magistrates Court;\n- (iii) how to appeal;\n- (iv) that the applicant may apply to the court for a stay of the decision; or","sortOrder":299},{"sectionNumber":"ch.7-pt.4-div.1A","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":300},{"sectionNumber":"sec.198A","sectionType":"section","heading":"Who may apply for external review","content":"### sec.198A Who may apply for external review\n\nIf an interested person has applied for an internal review of an original decision, other than an original decision to seize or forfeit an animal or other thing, any interested person for the decision may apply, as provided under the QCAT Act , to QCAT for an external review of the decision.\ns 198A ins 2009 No. 24 s 328","sortOrder":301},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":302},{"sectionNumber":"sec.199","sectionType":"section","heading":"Who may appeal","content":"### sec.199 Who may appeal\n\nIf an interested person has applied for an internal review of an original decision to seize or forfeit an animal or other thing, any interested person for the decision may appeal against the internal review decision to the Magistrates Court.\ns 199 sub 2009 No. 24 s 329","sortOrder":303},{"sectionNumber":"sec.200","sectionType":"section","heading":"Starting appeal","content":"### sec.200 Starting appeal\n\nAn appeal is started by—\nfiling notice of appeal with the clerk of the Magistrates Court; and\nserving a copy of the notice on the chief executive; and\ncomplying with rules of court applicable to the appeal.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the internal review decision appealed against.\nHowever, the court may, at any time, extend the time for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\ns 200 amd 2009 No. 24 s 330\n(sec.200-ssec.1) An appeal is started by— filing notice of appeal with the clerk of the Magistrates Court; and serving a copy of the notice on the chief executive; and complying with rules of court applicable to the appeal.\n(sec.200-ssec.2) The notice of appeal must be filed within 28 days after the appellant receives notice of the internal review decision appealed against.\n(sec.200-ssec.3) However, the court may, at any time, extend the time for filing the notice of appeal.\n(sec.200-ssec.4) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n- (a) filing notice of appeal with the clerk of the Magistrates Court; and\n- (b) serving a copy of the notice on the chief executive; and\n- (c) complying with rules of court applicable to the appeal.","sortOrder":304},{"sectionNumber":"sec.201","sectionType":"section","heading":"Stay of operation of internal review decision","content":"### sec.201 Stay of operation of internal review decision\n\nThe Magistrates Court may grant a stay of the operation of an internal review decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be granted on conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be amended or revoked by the court.\nThe period of a stay stated by the court must not extend past the time when the court decides the appeal.\nAn appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\ns 201 amd 2009 No. 24 s 331\n(sec.201-ssec.1) The Magistrates Court may grant a stay of the operation of an internal review decision appealed against to secure the effectiveness of the appeal.\n(sec.201-ssec.2) A stay— may be granted on conditions the court considers appropriate; and operates for the period fixed by the court; and may be amended or revoked by the court.\n(sec.201-ssec.3) The period of a stay stated by the court must not extend past the time when the court decides the appeal.\n(sec.201-ssec.4) An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be granted on conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be amended or revoked by the court.","sortOrder":305},{"sectionNumber":"sec.202","sectionType":"section","heading":"Hearing procedures","content":"### sec.202 Hearing procedures\n\nIn deciding an appeal, the Magistrates Court—\nhas the same powers as the chief executive in making the internal review decision appealed against; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing, unaffected by the internal review decision.\ns 202 amd 2009 No. 24 s 332\n(sec.202-ssec.1) In deciding an appeal, the Magistrates Court— has the same powers as the chief executive in making the internal review decision appealed against; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.202-ssec.2) An appeal is by way of rehearing, unaffected by the internal review decision.\n- (a) has the same powers as the chief executive in making the internal review decision appealed against; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.","sortOrder":306},{"sectionNumber":"sec.203","sectionType":"section","heading":"Court’s powers on appeal—general","content":"### sec.203 Court’s powers on appeal—general\n\nIn deciding an appeal, the Magistrates Court may—\nconfirm the internal review decision appealed against; or\nset aside the decision and substitute another decision; or\nset aside the decision and return the matter to the chief executive with directions the court considers appropriate.\nIf the court substitutes another decision, the substituted decision is taken, for the purposes of this Act, other than this part, taken to be the internal review decision.\ns 203 amd 2009 No. 24 s 333\n(sec.203-ssec.1) In deciding an appeal, the Magistrates Court may— confirm the internal review decision appealed against; or set aside the decision and substitute another decision; or set aside the decision and return the matter to the chief executive with directions the court considers appropriate.\n(sec.203-ssec.2) If the court substitutes another decision, the substituted decision is taken, for the purposes of this Act, other than this part, taken to be the internal review decision.\n- (a) confirm the internal review decision appealed against; or\n- (b) set aside the decision and substitute another decision; or\n- (c) set aside the decision and return the matter to the chief executive with directions the court considers appropriate.","sortOrder":307},{"sectionNumber":"sec.204","sectionType":"section","heading":"Particular powers about seizure or forfeiture","content":"### sec.204 Particular powers about seizure or forfeiture\n\nIf the Magistrates Court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing.\nIf the court sets aside an internal review decision about seizure or forfeiture, it may also—\norder the return of the animal or other thing; or\nmake another order it considers appropriate for its disposal; or\nmake an order under section 191 .\nHowever, the court must not order the return to a person of any of the following seized things—\nan animal or other thing that may be evidence in a proceeding started in relation to the thing seized;\na thing that has been destroyed because it has no intrinsic value;\na thing that has been disposed of because it was perishable;\na thing the person may not lawfully possess.\ns 204 amd 2009 No. 24 s 334\n(sec.204-ssec.1) If the Magistrates Court confirms an internal review decision about forfeiture, it may also give directions about the sale or disposal of the animal or other thing.\n(sec.204-ssec.2) If the court sets aside an internal review decision about seizure or forfeiture, it may also— order the return of the animal or other thing; or make another order it considers appropriate for its disposal; or make an order under section 191 .\n(sec.204-ssec.3) However, the court must not order the return to a person of any of the following seized things— an animal or other thing that may be evidence in a proceeding started in relation to the thing seized; a thing that has been destroyed because it has no intrinsic value; a thing that has been disposed of because it was perishable; a thing the person may not lawfully possess.\n- (a) order the return of the animal or other thing; or\n- (b) make another order it considers appropriate for its disposal; or\n- (c) make an order under section 191 .\n- (a) an animal or other thing that may be evidence in a proceeding started in relation to the thing seized;\n- (b) a thing that has been destroyed because it has no intrinsic value;\n- (c) a thing that has been disposed of because it was perishable;\n- (d) a thing the person may not lawfully possess.","sortOrder":308},{"sectionNumber":"sec.205","sectionType":"section","heading":"Appeal to District Court","content":"### sec.205 Appeal to District Court\n\nAn appeal lies to a District Court from a decision of the Magistrates Court, but only on a question of law.","sortOrder":309},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":310},{"sectionNumber":"sec.206","sectionType":"section","heading":"Obstruction of authorised officer or inspector","content":"### sec.206 Obstruction of authorised officer or inspector\n\nA person must not obstruct an authorised officer or inspector in the exercise of a power unless the person has a reasonable excuse.\nMaximum penalty—500 penalty units.\nIf a person has obstructed an authorised officer or inspector and the officer or inspector decides to proceed with the exercise of the power, the officer or inspector must warn the person that—\nit is an offence to obstruct the officer or inspector unless the person has a reasonable excuse; and\nthe officer or inspector considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n(sec.206-ssec.1) A person must not obstruct an authorised officer or inspector in the exercise of a power unless the person has a reasonable excuse. Maximum penalty—500 penalty units.\n(sec.206-ssec.2) If a person has obstructed an authorised officer or inspector and the officer or inspector decides to proceed with the exercise of the power, the officer or inspector must warn the person that— it is an offence to obstruct the officer or inspector unless the person has a reasonable excuse; and the officer or inspector considers the person’s conduct an obstruction.\n(sec.206-ssec.3) In this section— obstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n- (a) it is an offence to obstruct the officer or inspector unless the person has a reasonable excuse; and\n- (b) the officer or inspector considers the person’s conduct an obstruction.","sortOrder":311},{"sectionNumber":"sec.207","sectionType":"section","heading":"Impersonation of authorised officer or inspector","content":"### sec.207 Impersonation of authorised officer or inspector\n\nA person must not pretend to be an authorised officer or inspector.\nMaximum penalty—250 penalty units.","sortOrder":312},{"sectionNumber":"sec.208","sectionType":"section","heading":"False or misleading entry in document kept under Act","content":"### sec.208 False or misleading entry in document kept under Act\n\nA person must not make an entry in a document permitted or required to be made or kept under this Act knowing the entry to be false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":313},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 sub 2013 No. 51 s 4\namd 2014 No. 39 s 16\nom 2024 No. 17 s 7","sortOrder":314},{"sectionNumber":"sec.209A","sectionType":"section","heading":null,"content":"### Section sec.209A\n\ns 209A ins 2013 No. 51 s 4\namd 2015 No. 15 s 22\nom 2024 No. 17 s 7","sortOrder":315},{"sectionNumber":"sec.210","sectionType":"section","heading":"Attempts to commit offences","content":"### sec.210 Attempts to commit offences\n\nA person who attempts to commit an offence against this Act commits an offence.\nMaximum penalty for an attempt—half the maximum penalty for the completed offence.\nThe Criminal Code , section 4 applies to subsection (1) .\n(sec.210-ssec.1) A person who attempts to commit an offence against this Act commits an offence. Maximum penalty for an attempt—half the maximum penalty for the completed offence.\n(sec.210-ssec.2) The Criminal Code , section 4 applies to subsection (1) .","sortOrder":316},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":317},{"sectionNumber":"sec.211","sectionType":"section","heading":"Minister may establish advisory bodies","content":"### sec.211 Minister may establish advisory bodies\n\nThe Minister may establish an animal welfare advisory committee or another body to advise the Minister on animal welfare issues.","sortOrder":318},{"sectionNumber":"sec.212","sectionType":"section","heading":"Delegations","content":"### sec.212 Delegations\n\nThe Minister may delegate the Minister’s powers under this Act to the chief executive or an appropriately qualified officer of the department.\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person as follows—\nan authorised officer or inspector;\na public service officer or public service employee;\na local government officer or employee;\na prescribed entity.\nIn this section—\nappropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power.\na person’s classification level in the public service\ns 212 amd 2022 No. 34 s 365 sch 3\n(sec.212-ssec.1) The Minister may delegate the Minister’s powers under this Act to the chief executive or an appropriately qualified officer of the department.\n(sec.212-ssec.2) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified person as follows— an authorised officer or inspector; a public service officer or public service employee; a local government officer or employee; a prescribed entity.\n(sec.212-ssec.3) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the power. a person’s classification level in the public service\n- (a) an authorised officer or inspector;\n- (b) a public service officer or public service employee;\n- (c) a local government officer or employee;\n- (d) a prescribed entity.","sortOrder":319},{"sectionNumber":"sec.213","sectionType":"section","heading":"Electronic applications","content":"### sec.213 Electronic applications\n\nThis section applies if—\nthis Act requires an application to be made in an approved form; and\nthe form provides that the application may be made at a stated e-mail address.\nThe application may be made by electronically communicating the information required by the approved form in a format substantially similar to the approved form.\n(sec.213-ssec.1) This section applies if— this Act requires an application to be made in an approved form; and the form provides that the application may be made at a stated e-mail address.\n(sec.213-ssec.2) The application may be made by electronically communicating the information required by the approved form in a format substantially similar to the approved form.\n- (a) this Act requires an application to be made in an approved form; and\n- (b) the form provides that the application may be made at a stated e-mail address.","sortOrder":320},{"sectionNumber":"sec.214","sectionType":"section","heading":"Electronic notices about applications","content":"### sec.214 Electronic notices about applications\n\nThis section applies if an application under this Act has been made in an approved form, whether or not it has been made under section 213 .\nA notice from the applicant to the chief executive about the application may be given by electronically communicating it to an e-mail address for service for the chief executive stated in the approved form.\nA notice from the chief executive to the applicant about the application may be given by communicating it to an e-mail address for service for the applicant stated in the application.\n(sec.214-ssec.1) This section applies if an application under this Act has been made in an approved form, whether or not it has been made under section 213 .\n(sec.214-ssec.2) A notice from the applicant to the chief executive about the application may be given by electronically communicating it to an e-mail address for service for the chief executive stated in the approved form.\n(sec.214-ssec.3) A notice from the chief executive to the applicant about the application may be given by communicating it to an e-mail address for service for the applicant stated in the application.","sortOrder":321},{"sectionNumber":"sec.214A","sectionType":"section","heading":"Transferring ownership of animal in particular circumstances","content":"### sec.214A Transferring ownership of animal in particular circumstances\n\nThis section applies if—\nan inspector has entered a place under chapter 6 , part 2 ; and\nthe owner of an animal at the place agrees to transfer ownership of the animal to the State or a prescribed entity, other than under section 142 (3) ; and\nthe inspector is satisfied the transfer of ownership is to ensure the animal’s welfare.\nThe animal becomes the property of the State or the prescribed entity when the chief executive or entity agrees in writing to the transfer.\ns 214A ins 2006 No. 48 s 13\n(sec.214A-ssec.1) This section applies if— an inspector has entered a place under chapter 6 , part 2 ; and the owner of an animal at the place agrees to transfer ownership of the animal to the State or a prescribed entity, other than under section 142 (3) ; and the inspector is satisfied the transfer of ownership is to ensure the animal’s welfare.\n(sec.214A-ssec.2) The animal becomes the property of the State or the prescribed entity when the chief executive or entity agrees in writing to the transfer.\n- (a) an inspector has entered a place under chapter 6 , part 2 ; and\n- (b) the owner of an animal at the place agrees to transfer ownership of the animal to the State or a prescribed entity, other than under section 142 (3) ; and\n- (c) the inspector is satisfied the transfer of ownership is to ensure the animal’s welfare.","sortOrder":322},{"sectionNumber":"sec.214B","sectionType":"section","heading":"Confidentiality of information","content":"### sec.214B Confidentiality of information\n\nThis section applies to a person who—\nis, or has been, any of the following—\nthe chief executive;\nan inspector;\nanother person involved in administering this Act, including, for example, a public service employee; and\nobtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\nThe person must not use or disclose the confidential information unless the use or disclosure is—\nin the performance of a function or exercise of a power under this Act; or\nwith the consent of the person to whom the information relates; or\notherwise required or permitted by law.\nMaximum penalty—50 penalty units.\nIn this section—\nconfidential information —\nmeans any information that—\ncould identify an individual; or\nis about a person’s current financial position or financial background; or\nwould be likely to damage the commercial activities of a person to whom the information relates; but\ndoes not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\ns 214B ins 2020 No. 3 s 13\n(sec.214B-ssec.1) This section applies to a person who— is, or has been, any of the following— the chief executive; an inspector; another person involved in administering this Act, including, for example, a public service employee; and obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\n(sec.214B-ssec.2) The person must not use or disclose the confidential information unless the use or disclosure is— in the performance of a function or exercise of a power under this Act; or with the consent of the person to whom the information relates; or otherwise required or permitted by law. Maximum penalty—50 penalty units.\n(sec.214B-ssec.3) In this section— confidential information — means any information that— could identify an individual; or is about a person’s current financial position or financial background; or would be likely to damage the commercial activities of a person to whom the information relates; but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (a) is, or has been, any of the following— (i) the chief executive; (ii) an inspector; (iii) another person involved in administering this Act, including, for example, a public service employee; and\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) another person involved in administering this Act, including, for example, a public service employee; and\n- (b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.\n- (i) the chief executive;\n- (ii) an inspector;\n- (iii) another person involved in administering this Act, including, for example, a public service employee; and\n- (a) in the performance of a function or exercise of a power under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) otherwise required or permitted by law.\n- (a) means any information that— (i) could identify an individual; or (ii) is about a person’s current financial position or financial background; or (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (b) does not include— (i) information that is publicly available; or (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.\n- (i) could identify an individual; or\n- (ii) is about a person’s current financial position or financial background; or\n- (iii) would be likely to damage the commercial activities of a person to whom the information relates; but\n- (i) information that is publicly available; or\n- (ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.","sortOrder":323},{"sectionNumber":"sec.215","sectionType":"section","heading":"Protection from liability","content":"### sec.215 Protection from liability\n\nThis section applies to each of the following persons (a relevant person )—\nif an authorised officer or inspector has asked someone else to help the officer or inspector to exercise a power under this Act and the other person is giving the help—the other person;\na person who, under this Act, is required to comply with a direction, order or requirement as follows and is complying with the direction, order or requirement—\nan action requirement;\na disposal order;\na document production requirement;\na help requirement;\nan information requirement;\na seizure direction.\nA relevant person does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with giving the help or acting under the direction, order or requirement.\nIf subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.\nIf liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIn a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\nThis section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act.\nFor protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\nconduct means an act or an omission to perform an act.\ns 215 amd 2015 No. 15 s 23 ; 2022 No. 34 s 365 sch 3\n(sec.215-ssec.1) This section applies to each of the following persons (a relevant person )— if an authorised officer or inspector has asked someone else to help the officer or inspector to exercise a power under this Act and the other person is giving the help—the other person; a person who, under this Act, is required to comply with a direction, order or requirement as follows and is complying with the direction, order or requirement— an action requirement; a disposal order; a document production requirement; a help requirement; an information requirement; a seizure direction.\n(sec.215-ssec.2) A relevant person does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with giving the help or acting under the direction, order or requirement.\n(sec.215-ssec.3) If subsection (2) prevents a civil liability attaching to a relevant person, the liability attaches instead to the State.\n(sec.215-ssec.4) If liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.215-ssec.5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n(sec.215-ssec.6) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act. For protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .\n(sec.215-ssec.7) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. conduct means an act or an omission to perform an act.\n- (a) if an authorised officer or inspector has asked someone else to help the officer or inspector to exercise a power under this Act and the other person is giving the help—the other person;\n- (b) a person who, under this Act, is required to comply with a direction, order or requirement as follows and is complying with the direction, order or requirement— (i) an action requirement; (ii) a disposal order; (iii) a document production requirement; (iv) a help requirement; (v) an information requirement; (vi) a seizure direction.\n- (i) an action requirement;\n- (ii) a disposal order;\n- (iii) a document production requirement;\n- (iv) a help requirement;\n- (v) an information requirement;\n- (vi) a seizure direction.\n- (i) an action requirement;\n- (ii) a disposal order;\n- (iii) a document production requirement;\n- (iv) a help requirement;\n- (v) an information requirement;\n- (vi) a seizure direction.\n- (a) other than in good faith; and\n- (b) with gross negligence.","sortOrder":324},{"sectionNumber":"sec.215A","sectionType":"section","heading":"Protection from liability for giving information","content":"### sec.215A Protection from liability for giving information\n\nThis section applies if a person, acting honestly and in good faith, gives an inspector information the person reasonably believes may help with an investigation of an animal welfare offence.\nActing in good faith may include a person choosing a time and a place to give the information to an inspector to avoid other people overhearing the information.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\nWithout limiting subsections (2) and (3) —\nin a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\nif the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person—\ndoes not contravene the Act , oath or rule of law or practice by giving the information; and\nis not liable to disciplinary action for giving the information.\ns 215A ins 2016 No. 12 s 299\n(sec.215A-ssec.1) This section applies if a person, acting honestly and in good faith, gives an inspector information the person reasonably believes may help with an investigation of an animal welfare offence. Acting in good faith may include a person choosing a time and a place to give the information to an inspector to avoid other people overhearing the information.\n(sec.215A-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.215A-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n(sec.215A-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by giving the information; and is not liable to disciplinary action for giving the information.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.\n- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and\n- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.\n- (i) does not contravene the Act , oath or rule of law or practice by giving the information; and\n- (ii) is not liable to disciplinary action for giving the information.","sortOrder":325},{"sectionNumber":"sec.215AA","sectionType":"section","heading":"Protection from liability for euthanasing sick or injured animals","content":"### sec.215AA Protection from liability for euthanasing sick or injured animals\n\nThis section applies if a veterinary surgeon euthanased an animal under section 41B .\nThe veterinary surgeon is not liable, civilly, criminally or under an administrative process for euthanasing the animal.\ns 215AA ins 2022 No. 35 s 34\n(sec.215AA-ssec.1) This section applies if a veterinary surgeon euthanased an animal under section 41B .\n(sec.215AA-ssec.2) The veterinary surgeon is not liable, civilly, criminally or under an administrative process for euthanasing the animal.","sortOrder":326},{"sectionNumber":"sec.215B","sectionType":"section","heading":"Sharing of information by authorised officer or inspector","content":"### sec.215B Sharing of information by authorised officer or inspector\n\nDespite section 214B , an authorised officer or inspector may give information obtained under this Act in the following circumstances—\nto a police officer if the authorised officer or inspector reasonably believes the information will help a police officer in the performance of the police officer’s functions in relation to—\nan animal; or\nan animal welfare offence;\nto an RIA authorised officer if the authorised officer or inspector reasonably believes the information will help an RIA authorised officer in the performance of the officer’s functions under the Racing Integrity Act 2016 in relation to—\nan animal; or\nan animal welfare offence.\nIn this section—\nRIA authorised officer means an authorised officer under the Racing Integrity Act 2016 .\ns 215B ins 2016 No. 12 s 299\namd 2020 No. 3 s 14\n(sec.215B-ssec.1) Despite section 214B , an authorised officer or inspector may give information obtained under this Act in the following circumstances— to a police officer if the authorised officer or inspector reasonably believes the information will help a police officer in the performance of the police officer’s functions in relation to— an animal; or an animal welfare offence; to an RIA authorised officer if the authorised officer or inspector reasonably believes the information will help an RIA authorised officer in the performance of the officer’s functions under the Racing Integrity Act 2016 in relation to— an animal; or an animal welfare offence.\n(sec.215B-ssec.2) In this section— RIA authorised officer means an authorised officer under the Racing Integrity Act 2016 .\n- (a) to a police officer if the authorised officer or inspector reasonably believes the information will help a police officer in the performance of the police officer’s functions in relation to— (i) an animal; or (ii) an animal welfare offence;\n- (i) an animal; or\n- (ii) an animal welfare offence;\n- (b) to an RIA authorised officer if the authorised officer or inspector reasonably believes the information will help an RIA authorised officer in the performance of the officer’s functions under the Racing Integrity Act 2016 in relation to— (i) an animal; or (ii) an animal welfare offence.\n- (i) an animal; or\n- (ii) an animal welfare offence.\n- (i) an animal; or\n- (ii) an animal welfare offence;\n- (i) an animal; or\n- (ii) an animal welfare offence.","sortOrder":327},{"sectionNumber":"sec.215C","sectionType":"section","heading":"Interaction with other laws about giving information","content":"### sec.215C Interaction with other laws about giving information\n\nSections 215A and 215B do not limit a power or obligation under another Act or law to give information about an animal or an animal welfare offence.\nSections 215A and 215B apply to information—\ndespite any other law that would otherwise prohibit or restrict the giving of the information; and\nwhenever the information was obtained including before the commencement.\nPolice Service Administration Act 1990 , section 10 0.1\ns 215C ins 2016 No. 12 s 299\namd 2020 No. 3 s 15\n(sec.215C-ssec.1) Sections 215A and 215B do not limit a power or obligation under another Act or law to give information about an animal or an animal welfare offence.\n(sec.215C-ssec.2) Sections 215A and 215B apply to information— despite any other law that would otherwise prohibit or restrict the giving of the information; and whenever the information was obtained including before the commencement. Police Service Administration Act 1990 , section 10 0.1\n- (a) despite any other law that would otherwise prohibit or restrict the giving of the information; and\n- (b) whenever the information was obtained including before the commencement.","sortOrder":328},{"sectionNumber":"sec.215D","sectionType":"section","heading":"Chief executive (transport) must disclose information","content":"### sec.215D Chief executive (transport) must disclose information\n\nThis section applies if—\nan inspector is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about an animal welfare offence, to identify—\nthe owner of a vehicle the inspector reasonably suspects was used in the commission of the offence; or\na person whom the inspector reasonably suspects committed the offence; and\nthe inspector asks the chief executive (transport) for the information.\nThe chief executive (transport) must disclose the information to the inspector if the chief executive (transport) reasonably considers that the information may be used to identify the person or the owner of the vehicle.\nIn this section—\nchief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.\nvehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995 .\ns 215D ins 2020 No. 3 s 16\n(sec.215D-ssec.1) This section applies if— an inspector is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about an animal welfare offence, to identify— the owner of a vehicle the inspector reasonably suspects was used in the commission of the offence; or a person whom the inspector reasonably suspects committed the offence; and the inspector asks the chief executive (transport) for the information.\n(sec.215D-ssec.2) The chief executive (transport) must disclose the information to the inspector if the chief executive (transport) reasonably considers that the information may be used to identify the person or the owner of the vehicle.\n(sec.215D-ssec.3) In this section— chief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered. vehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995 .\n- (a) an inspector is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about an animal welfare offence, to identify— (i) the owner of a vehicle the inspector reasonably suspects was used in the commission of the offence; or (ii) a person whom the inspector reasonably suspects committed the offence; and\n- (i) the owner of a vehicle the inspector reasonably suspects was used in the commission of the offence; or\n- (ii) a person whom the inspector reasonably suspects committed the offence; and\n- (b) the inspector asks the chief executive (transport) for the information.\n- (i) the owner of a vehicle the inspector reasonably suspects was used in the commission of the offence; or\n- (ii) a person whom the inspector reasonably suspects committed the offence; and","sortOrder":329},{"sectionNumber":"sec.215DA","sectionType":"section","heading":"Disclosure requirement","content":"### sec.215DA Disclosure requirement\n\nThis section applies if—\nan inspector is investigating an alleged animal welfare offence; and\nthe inspector is an employee or agent of the RSPCA.\nThe chief executive may, by written notice, require the RSPCA to give the chief executive copies of, or access to, all documents and information relating to the investigation that are held by the RSPCA.\nThe RSPCA must provide the information by the day stated in the notice.\nThe stated day must not be less than 14 days after the notice is given to the RSPCA.\nIn this section—\nRSPCA means the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited.\ns 215DA ins 2022 No. 35 s 35\n(sec.215DA-ssec.1) This section applies if— an inspector is investigating an alleged animal welfare offence; and the inspector is an employee or agent of the RSPCA.\n(sec.215DA-ssec.2) The chief executive may, by written notice, require the RSPCA to give the chief executive copies of, or access to, all documents and information relating to the investigation that are held by the RSPCA.\n(sec.215DA-ssec.3) The RSPCA must provide the information by the day stated in the notice.\n(sec.215DA-ssec.4) The stated day must not be less than 14 days after the notice is given to the RSPCA.\n(sec.215DA-ssec.5) In this section— RSPCA means the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited.\n- (a) an inspector is investigating an alleged animal welfare offence; and\n- (b) the inspector is an employee or agent of the RSPCA.","sortOrder":330},{"sectionNumber":"sec.215E","sectionType":"section","heading":"Use of body-worn camera by authorised officer or inspector","content":"### sec.215E Use of body-worn camera by authorised officer or inspector\n\nIt is lawful for an authorised officer or inspector to use a body-worn camera to record images or sounds while—\nfor an authorised officer—the authorised officer is exercising a power under chapter 5 , part 4 ; or\nfor an inspector—the inspector is exercising a power under chapter 6 , part 2 .\nUse of a body-worn camera by an authorised officer or inspector under subsection (1) includes use that is—\ninadvertent or unexpected; or\nincidental to use while exercising the authorised officer’s or inspector’s power.\nSubsection (1) does not affect an ability the authorised officer or inspector has at common law or under another Act to record images or sounds.\nTo remove any doubt, it is declared that subsection (1) is a provision authorising the use by an authorised officer or inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\nIn this section—\nbody-worn camera means a device—\nworn on clothing or otherwise secured on a person; and\ndesigned to be used to—\nrecord images; or\nrecord images and sounds.\ns 215E ins 2020 No. 3 s 16\n(sec.215E-ssec.1) It is lawful for an authorised officer or inspector to use a body-worn camera to record images or sounds while— for an authorised officer—the authorised officer is exercising a power under chapter 5 , part 4 ; or for an inspector—the inspector is exercising a power under chapter 6 , part 2 .\n(sec.215E-ssec.2) Use of a body-worn camera by an authorised officer or inspector under subsection (1) includes use that is— inadvertent or unexpected; or incidental to use while exercising the authorised officer’s or inspector’s power.\n(sec.215E-ssec.3) Subsection (1) does not affect an ability the authorised officer or inspector has at common law or under another Act to record images or sounds.\n(sec.215E-ssec.4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an authorised officer or inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971 , section 43 (2) (d) .\n(sec.215E-ssec.5) In this section— body-worn camera means a device— worn on clothing or otherwise secured on a person; and designed to be used to— record images; or record images and sounds.\n- (a) for an authorised officer—the authorised officer is exercising a power under chapter 5 , part 4 ; or\n- (b) for an inspector—the inspector is exercising a power under chapter 6 , part 2 .\n- (a) inadvertent or unexpected; or\n- (b) incidental to use while exercising the authorised officer’s or inspector’s power.\n- (a) worn on clothing or otherwise secured on a person; and\n- (b) designed to be used to— (i) record images; or (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.\n- (i) record images; or\n- (ii) record images and sounds.","sortOrder":331},{"sectionNumber":"sec.216","sectionType":"section","heading":"Approved forms","content":"### sec.216 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":332},{"sectionNumber":"sec.217","sectionType":"section","heading":"Regulation-making power","content":"### sec.217 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about any of the following—\nanimal accommodation;\nthe confinement of animals;\nanimal transportation;\nusing animals as follows—\nfor advertisements, films, photographs or television programs;\nas companion animals;\nfor commercial, recreational or scientific purposes;\nin entertainment;\nfor medical or surgical procedures;\nin pet shops;\nlicences or permits for regulating a use of animals mentioned in paragraph (d) and the conditions of a licence or permit;\nmedical or surgical procedures for animals;\nrecord keeping by—\na licence or permit holder; or\na registered person;\nelectrical devices that may, or must not, be used on any animal or a stated species of animal;\ncharges payable, costs or fees under this Act and the following—\nthe matters in relation to which the fees are payable;\nthe amounts of the fees;\nthe persons who are liable to pay the fees;\nwhen the fees are payable;\nthe recovery of an amount of the fees not paid.\nA regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation.\n(sec.217-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.217-ssec.2) A regulation may be made about any of the following— animal accommodation; the confinement of animals; animal transportation; using animals as follows— for advertisements, films, photographs or television programs; as companion animals; for commercial, recreational or scientific purposes; in entertainment; for medical or surgical procedures; in pet shops; licences or permits for regulating a use of animals mentioned in paragraph (d) and the conditions of a licence or permit; medical or surgical procedures for animals; record keeping by— a licence or permit holder; or a registered person; electrical devices that may, or must not, be used on any animal or a stated species of animal; charges payable, costs or fees under this Act and the following— the matters in relation to which the fees are payable; the amounts of the fees; the persons who are liable to pay the fees; when the fees are payable; the recovery of an amount of the fees not paid.\n(sec.217-ssec.3) A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation.\n- (a) animal accommodation;\n- (b) the confinement of animals;\n- (c) animal transportation;\n- (d) using animals as follows— (i) for advertisements, films, photographs or television programs; (ii) as companion animals; (iii) for commercial, recreational or scientific purposes; (iv) in entertainment; (v) for medical or surgical procedures; (vi) in pet shops;\n- (i) for advertisements, films, photographs or television programs;\n- (ii) as companion animals;\n- (iii) for commercial, recreational or scientific purposes;\n- (iv) in entertainment;\n- (v) for medical or surgical procedures;\n- (vi) in pet shops;\n- (e) licences or permits for regulating a use of animals mentioned in paragraph (d) and the conditions of a licence or permit;\n- (f) medical or surgical procedures for animals;\n- (g) record keeping by— (i) a licence or permit holder; or (ii) a registered person;\n- (i) a licence or permit holder; or\n- (ii) a registered person;\n- (h) electrical devices that may, or must not, be used on any animal or a stated species of animal;\n- (i) charges payable, costs or fees under this Act and the following— (i) the matters in relation to which the fees are payable; (ii) the amounts of the fees; (iii) the persons who are liable to pay the fees; (iv) when the fees are payable; (v) the recovery of an amount of the fees not paid.\n- (i) the matters in relation to which the fees are payable;\n- (ii) the amounts of the fees;\n- (iii) the persons who are liable to pay the fees;\n- (iv) when the fees are payable;\n- (v) the recovery of an amount of the fees not paid.\n- (i) for advertisements, films, photographs or television programs;\n- (ii) as companion animals;\n- (iii) for commercial, recreational or scientific purposes;\n- (iv) in entertainment;\n- (v) for medical or surgical procedures;\n- (vi) in pet shops;\n- (i) a licence or permit holder; or\n- (ii) a registered person;\n- (i) the matters in relation to which the fees are payable;\n- (ii) the amounts of the fees;\n- (iii) the persons who are liable to pay the fees;\n- (iv) when the fees are payable;\n- (v) the recovery of an amount of the fees not paid.","sortOrder":333},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":334},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":335},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":336},{"sectionNumber":"ch.8-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":337},{"sectionNumber":"ch.8-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":338},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Transitional provision for Primary Industries Legislation Amendment Act 2006","content":"# Transitional provision for Primary Industries Legislation Amendment Act 2006","sortOrder":339},{"sectionNumber":"sec.218","sectionType":"section","heading":"Reporting obligation of registered person","content":"### sec.218 Reporting obligation of registered person\n\nThis section applies to a registered person if, under section 87 as in force before the commencement, the person has given the chief executive an annual report for the period ending on 30 April 2006 or a new reporting day for that period.\nFor the registered person’s first annual report after the report mentioned in subsection (1), section 87 as in force after the commencement applies to the person as if a reference in section 87(1) to the period from 1 January to 31 December were a reference to—\nif the person’s annual report mentioned in subsection (1) was for the period ending on 30 April 2006—the period from 1 May to 31 December; or\nif the person’s annual report mentioned in subsection (1) was for the period ending on a new reporting day—the period from the day after the new reporting day to 31 December.\nIn this section—\nannual report means a written report required to be given to the chief executive under section 87.\ncommencement means the day this section commences.\nnew reporting day means a new reporting day under section 87(3).\ns 218 prev s 218 exp 1 March 2003 (see ss 218, def commencing day and 224)\npres s 218 ins 2006 No. 48 s 14\n(sec.218-ssec.1) This section applies to a registered person if, under section 87 as in force before the commencement, the person has given the chief executive an annual report for the period ending on 30 April 2006 or a new reporting day for that period.\n(sec.218-ssec.2) For the registered person’s first annual report after the report mentioned in subsection (1), section 87 as in force after the commencement applies to the person as if a reference in section 87(1) to the period from 1 January to 31 December were a reference to— if the person’s annual report mentioned in subsection (1) was for the period ending on 30 April 2006—the period from 1 May to 31 December; or if the person’s annual report mentioned in subsection (1) was for the period ending on a new reporting day—the period from the day after the new reporting day to 31 December.\n(sec.218-ssec.3) In this section— annual report means a written report required to be given to the chief executive under section 87. commencement means the day this section commences. new reporting day means a new reporting day under section 87(3).\n- (a) if the person’s annual report mentioned in subsection (1) was for the period ending on 30 April 2006—the period from 1 May to 31 December; or\n- (b) if the person’s annual report mentioned in subsection (1) was for the period ending on a new reporting day—the period from the day after the new reporting day to 31 December.","sortOrder":340},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024","sortOrder":341},{"sectionNumber":"sec.219","sectionType":"section","heading":"Definitions for part","content":"### sec.219 Definitions for part\n\nIn this part—\namendment Act means the Agriculture and Fisheries and Other Legislation Amendment Act 2024 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\ns 219 prev s 219 exp 1 March 2003 (see ss 218, def commencing day and 224)\npres s 219 ins 2024 No. 17 s 9","sortOrder":342},{"sectionNumber":"sec.220","sectionType":"section","heading":"Existing proceedings—state of mind","content":"### sec.220 Existing proceedings—state of mind\n\nThis section applies in relation to a proceeding started before the commencement for an offence against this Act if—\nimmediately before the commencement, the proceeding had not been finally dealt with; and\nit is relevant to prove a person’s state of mind in relation to particular conduct.\nFormer section 181 continues to apply to the proceeding as if the amendment Act, section 6 had not commenced.\ns 220 prev s 220 exp 1 March 2003 (see ss 218, def commencing day and 224)\npres s 220 ins 2024 No. 17 s 9\n(sec.220-ssec.1) This section applies in relation to a proceeding started before the commencement for an offence against this Act if— immediately before the commencement, the proceeding had not been finally dealt with; and it is relevant to prove a person’s state of mind in relation to particular conduct.\n(sec.220-ssec.2) Former section 181 continues to apply to the proceeding as if the amendment Act, section 6 had not commenced.\n- (a) immediately before the commencement, the proceeding had not been finally dealt with; and\n- (b) it is relevant to prove a person’s state of mind in relation to particular conduct.","sortOrder":343},{"sectionNumber":"sec.221","sectionType":"section","heading":"Proceedings for particular offences—liability of executive officer","content":"### sec.221 Proceedings for particular offences—liability of executive officer\n\nThis section applies in relation to—\nan offence against former section 209 committed by a person before the commencement; or\nan offence against a deemed executive liability provision committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 7 and 192 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\nIn this section—\ndeemed executive liability provision has the meaning given by former section 209A(4).\ns 221 prev s 221 exp 1 March 2003 (see ss 218, def commencing day and 224)\npres s 221 ins 2024 No. 17 s 9\n(sec.221-ssec.1) This section applies in relation to— an offence against former section 209 committed by a person before the commencement; or an offence against a deemed executive liability provision committed by a person before the commencement.\n(sec.221-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, sections 7 and 192 had not commenced.\n(sec.221-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n(sec.221-ssec.4) In this section— deemed executive liability provision has the meaning given by former section 209A(4).\n- (a) an offence against former section 209 committed by a person before the commencement; or\n- (b) an offence against a deemed executive liability provision committed by a person before the commencement.","sortOrder":344},{"sectionNumber":"sec.222","sectionType":"section","heading":null,"content":"### Section sec.222\n\ns 222 exp 1 March 2003 (see ss 218, def commencing day and 224)","sortOrder":345},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 exp 1 March 2003 (see ss 218, def commencing day and 224)","sortOrder":346},{"sectionNumber":"sec.224","sectionType":"section","heading":null,"content":"### Section sec.224\n\ns 224 exp 1 March 2003 (see ss 218, def commencing day and 224)","sortOrder":347}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":965},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2001 form. Major additions include: Chapter 4B (2022) imposing CCTV requirements on livestock slaughter facilities; Chapter 6A (2022) creating interstate prohibition decision mechanisms; expanded inspector powers including cancellation/suspension procedures (2022); new regulated procedures for cattle (Willis dropped-ovary technique, pregnancy testing); and enhanced registration/accreditation schemes. The scientific use provisions have also been substantially developed with stricter compliance requirements."},"complexity_factors":["Extensive cross-referencing between chapters and sections (e.g., sections 122, 130, 148)","Multiple overlapping enforcement roles (authorised officers vs inspectors with different powers)","Nested conditional exemptions in Part 3.6 with layered requirements","Detailed procedural requirements for warrants, special warrants, and entry powers","Extensive defined terms including 'animal', 'person in charge', 'prohibited event', 'regulated procedure'","Scientific use registration scheme with ethics committee requirements","CCTV and record-keeping obligations for livestock slaughter facilities with specific retention periods","Court order mechanisms (disposal, prohibition, interim prohibition) with review procedures","Relationship provisions with other Acts (Nature Conservation, Fisheries, Racing, Racing Integrity)","Multiple penalty tiers based on severity of harm (300 vs 2,000 penalty units)"],"plain_english_summary":"This is Queensland's main animal welfare law, setting out how animals must be treated and who is responsible for their care.\n\n**What it covers:**\nThe Act protects all vertebrate animals (mammals, birds, fish, reptiles, amphibians) plus some invertebrates like octopuses, squid, and certain crustaceans. It applies to anyone in charge of an animal—owners, people with custody, or employers of animal handlers.\n\n**Key obligations:**\n- **Duty of care:** Anyone in charge of an animal must take reasonable steps to provide food, water, shelter, veterinary treatment, and appropriate handling. Breaking this duty can lead to fines up to 2,000 penalty units or 3 years in prison if the animal suffers serious harm.\n- **Cruelty offences:** It's illegal to cause unjustifiable pain, beat, abuse, overwork, or improperly confine or transport animals. Maximum penalties are 2,000 penalty units or 3 years imprisonment.\n- **Prohibited events:** Bullfights, dogfights, cockfights, and similar blood sports are banned, along with organising, supplying animals for, or even attending these events.\n\n**Regulated procedures:**\nCertain procedures on animals are restricted to veterinary surgeons and only permitted when in the animal's welfare interests. These include ear cropping and tail docking on dogs, declawing cats, tail docking cattle or horses, debarking dogs, and specific cattle spaying and pregnancy testing techniques.\n\n**Scientific use:**\nPeople using animals for research, teaching, or testing must register with the government, comply with the Australian code for scientific use, and have their projects approved by an animal ethics committee. Some tests (like Draize eye irritancy tests and LD50 tests) and sunscreen product testing are banned without special approval.\n\n**Enforcement:**\n- **Authorised officers** monitor compliance with codes of practice.\n- **Inspectors** (including RSPCA officers) can enter properties with consent, warrants, or in emergencies to investigate cruelty, seize animals, issue welfare directions, and gather evidence.\n- **Animal welfare directions** can require owners to provide veterinary care, improve living conditions, or move animals.\n\n**Livestock slaughter facilities:**\nOwners must install CCTV covering all areas where livestock are handled, unloaded, held, and slaughtered. Recordings must be kept for 30 days (or longer if required) and made available to inspectors.\n\n**Court powers:**\nCourts can make **disposal orders** (selling or forfeiting animals), **prohibition orders** (banning people from owning animals), and **interim prohibition orders** during criminal proceedings. People can apply to have prohibition orders reviewed after 5 years.\n\n**Exemptions:**\nThe Act doesn't apply to fishing, racing, or certain native title and Aboriginal traditional activities. Compliance with approved codes of practice can provide defences to some offences.\n\n**Why it matters:**\nThis law balances animal welfare with practical needs of animal industries, establishes clear enforcement mechanisms, and creates serious criminal penalties for cruelty while allowing humane farming, research, and traditional practices under regulated conditions."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"On its face the Act implements the purposes stated in sec.3 by creating a statutory duty of care, defining prohibited conduct, enabling codes and scientific-use controls, and providing enforcement mechanisms (see sec.4 for primary means). The text adds detailed operational rules (registration, offences, exemptions, inspector powers and evidence/receipt procedures) to give effect to those purposes but does not expand the Act beyond the functional scope set out in the purposes and primary-means provisions (secs.3–4, 17–18, 38–49, 67–78, 126–152)."},"complexity_factors":["Broad, technical definition of \"animal\" that includes specific species, developmental stages and regulated invertebrates (sec.11).","A general duty of care with tiered criminal penalties depending on harm caused (sec.17) and an overlapping prohibition on cruelty with its own penalty regime (sec.18).","Numerous specific prohibited acts and narrowly defined regulated procedures (cropping, docking, debarking, declawing, spaying, pregnancy testing) with certificate and supply rules (secs.20–37, 23–29A).","Multiple offence exemptions and defences tied to compliance with codes, Aboriginal/Island custom/native title, religious slaughter, pest/feral control and scientific use, requiring detailed factual assessment (secs.38–47, 40–46, 41A–41B, 42–44).","Registration, disclosure-exemption and confidentiality regime for scientific users involving discretionary chief executive decisions, amendment, suspension and cancellation procedures with notice and representation rights (secs.67–78).","Extensive inspector powers: warrant and special-warrant procedures, entry/stop/vehicle powers, requirements for assistance, search, sampling, seizure, marking and taking remedial action (secs.126–152, 130–141, 137–148).","Detailed seizure/retention/return rules with timelines, receipt/notice obligations, tampering offences and interactions with liens/security interests (secs.142–153, 145, 150–152).","Interaction and exclusion clauses with other statutes (Nature Conservation, Fisheries, Racing, native title and others), producing cross‑regulatory complexity (secs.5–9, 6A, 7, 8).","Varied penalty levels, summary-offence treatment and limitation periods that create different prosecutorial thresholds and timing constraints (secs.17–18, 133, 178).","Concentrated administrative discretion in inspectors and the chief executive for operational decisions (warrants s.127, registration actions ss.72–77, s.177 certificates) which shifts compliance risk to regulated parties."],"plain_english_summary":"This Act creates legal duties and offences to protect animal welfare: it imposes a duty of care on people in charge of animals, bans specified cruel conduct and regulated procedures, and sets penalties. It also establishes inspection, seizure and enforcement powers, and rules for scientific-use registration and confidentiality. It affects animal owners, carers, veterinarians, scientific users and inspectors by changing legal responsibilities, imposing compliance and record-keeping obligations, and vesting operational discretion in inspectors and the chief executive."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2001 scope through multiple amendments. Notable expansions include: adding cephalopods (octopus, squid) and crustaceans (crabs, lobsters) to the definition of 'animal' (2022); inserting entirely new prohibited conduct categories such as prong collar bans, prohibited nets, and firing/blistering prohibitions (2022); adding specific cattle procedure regulations including the Willis dropped-ovary technique and pregnancy testing restrictions (2022); inserting vet euthanasia defences and debarked dog supply chain certificate requirements (2022); and clarifying the relationship with Aboriginal and Torres Strait Islander rights through new sections on native title and cultural practices (2012). The Racing Integrity Act 2016 was also added as an excluded Act. What began as a general animal welfare framework has grown into a detailed regulatory scheme covering specific procedures, equipment, and species categories that were not part of the original legislation."},"complexity_factors":["Multiple overlapping exemption frameworks that require cross-referencing between sections to determine if conduct is lawful","Interaction with at least 10 other Acts (Nature Conservation Act, Fisheries Act, Racing Act, Biosecurity Act, Environmental Protection Act, Medicines and Poisons Act, etc.) creating a web of inter-legislative dependencies","Nuanced definition of 'animal' that varies by species, developmental stage, and life cycle phase — requiring biological knowledge to apply correctly","Tiered penalty structure where the same basic offence attracts different penalties depending on outcome (e.g. whether an animal died or merely suffered)","Shifting burden of proof — many exemptions place the onus on the defendant to prove they qualify (reverse onus), which is legally significant","Scientific use provisions involve an incorporated-by-reference external code (the NHMRC Code) that can change over time without direct parliamentary approval","Complex regulated procedure rules distinguishing between what vets can do vs. what accredited non-vets can do vs. what is completely prohibited","Extensive exemption scheme for Aboriginal tradition, Island custom, and native title rights with specific conditions that limit those exemptions","Definitions of 'person in charge' cascade through employment and engagement relationships, creating uncertainty in some contexts","Regulatory flexibility — many key prohibitions (prohibited traps, prohibited nets, prohibited devices, pest animals) are defined by regulation rather than in the Act itself, making the full scope of the law impossible to determine from the Act alone"],"plain_english_summary":"## Queensland's Animal Care and Protection Act 2001\n\n### What is this law?\nThis is Queensland's main animal welfare law. It sets out rules about how animals must be treated, who is responsible for their care, what conduct is criminal, and how the law is enforced.\n\n### Who does it affect?\nPretty much everyone in Queensland who has anything to do with animals — pet owners, farmers, scientists, vets, zoos, racing industries, and even people who temporarily look after someone else's pet. It applies to individuals, companies, and government bodies (though the government itself can't be criminally prosecuted under it).\n\n### What does it actually do?\n\n**1. Duty of Care — every animal owner must:**\n- Provide adequate food, water, shelter, and living conditions\n- Allow the animal to behave normally\n- Get veterinary treatment for illness or injury\n- Handle, confine, and transport the animal appropriately\n\nBreaking this duty can mean fines or up to **3 years jail** if the animal dies or suffers severely.\n\n**2. Cruelty is a serious crime.** You cannot:\n- Beat, torment, or terrify an animal\n- Overwork or overload it\n- Transport it in cruel conditions\n- Kill it inhumanely\n- Use banned electrical devices on it\n\nPenalty: up to **3 years imprisonment** or heavy fines.\n\n**3. Animal fighting and cruel events are banned** — cockfighting, dogfighting, bullfighting, coursing (releasing animals to be hunted by other animals), and similar events are all illegal. Even *attending* such an event is an offence.\n\n**4. Restricted procedures on animals** — only vets can perform operations like:\n- Ear cropping or tail docking on dogs\n- Removing a cat's claws\n- Docking tails of cattle or horses\n- Debarking (surgically quieting) a dog\n- Certain cattle spaying procedures\n\nEven vets can only do these if they genuinely believe it's in the animal's welfare interests.\n\n**5. What counts as an \"animal\"?** The law covers a broad range — not just pets and farm animals, but also:\n- Fish, birds, reptiles, amphibians\n- Unborn mammals and reptiles (in the last half of pregnancy)\n- Marsupial young (e.g. joeys)\n- Octopus, squid, cuttlefish\n- Crabs, lobsters, prawns (if listed by regulation)\n\nHumans are specifically excluded.\n\n**6. Legal exemptions exist** — some actions that might otherwise be cruelty are allowed if they follow strict rules:\n- Aboriginal and Torres Strait Islander traditional practices (provided the animal suffers as little as possible)\n- Killing feral or pest animals (e.g. feral cats, cane toads) in a humane way\n- Religious slaughter (e.g. halal, kosher) for food\n- Using live fish as bait\n- Using live animals to feed other animals (e.g. snakes that won't eat dead prey)\n- Shark control programs under government agreements\n\n**7. Scientific use of animals** is tightly regulated — anyone using animals for research, testing, or teaching must follow a national code (the Australian Code for the Care and Use of Animals for Scientific Purposes) and register with the government.\n\n**8. Banned equipment** includes:\n- Prong collars (painful dog training collars)\n- Certain traps\n- Cockfighting spur caps\n- Firing or blistering treatments on horses and dogs\n- Certain prohibited nets\n\n### Interaction with other laws\nThis law works alongside (but doesn't override) Queensland's nature conservation, fisheries, and racing laws. For example, if something is lawfully permitted under the *Racing Act*, a person won't be guilty of an animal cruelty offence just for doing that permitted thing."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/animal-care-and-protection-act-2001","history":"/api/acts/animal-care-and-protection-act-2001/history","analysis":"/api/acts/animal-care-and-protection-act-2001/analysis","conflicts":"/api/acts/animal-care-and-protection-act-2001/conflicts","importantCases":"/api/acts/animal-care-and-protection-act-2001/important-cases","documents":"/api/acts/animal-care-and-protection-act-2001/documents"}}