{"id":"animal-protection-act-2018","name":"Animal Protection Act 2018","slug":"animal-protection-act-2018","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29854,"registerId":"nt-animal-protection-act-2018-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Animal Protection Act 2018.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are:\n(a) to ensure that animals are treated humanely; and\n(b) to prevent cruelty to animals; and\n(c) to promote community awareness about responsibilities and\nlegal obligations associated with the care and protection of\nanimals; and\n(d) to regulate the activities of persons who use animals for\nscientific purposes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\naccredited animal ethics committee, for Part 4, see section 36.\nacting in an official capacity, in relation to a person, means the\nperson is exercising functions under, or otherwise related to the\nadministration of, this Act.\n\nAnimal Protection Act 2018 2\nAdvisory Committee means the Animal Welfare Advisory\nCommittee established under section 19.\naffected person, see section 76(2).\nanimal:\n(a) for Part 4, see section 36; or\n(b) otherwise – see section 5.\nanimal ethics committee, for Part 4, see section 36.\nanimal welfare direction, see section 92.\nanimal welfare offence, for Part 4, see section 36.\napproved form means a form approved under section 13.\nauthorised officer means a person appointed as an authorised\nofficer under section 15.\ncage includes a pen, kennel, hutch, receptacle or other shelter for\nan animal.\nCEO means the Chief Executive Officer.\nCEO guidelines, for Part 4, see section 39.\nchief investigator, for Part 4, see section 36.\ncode of practice means a code of practice adopted or prescribed\nunder section 20.\ncommercial premises means premises:\n(a) used for, or in connection with, commercial purposes in\nrelation to animals, including their production, processing, sale\nand transportation; or\n(b) used for, or in connection with, scientific purposes in relation\nto animals; or\n(c) used for purposes mentioned in paragraph (a) and a portion of\nwhich are occupied as a place of residence.\nconfine, in relation to an animal, means to restrict its freedom of\nmovement, including the following:\n(a) enclosing it in a cage, pit, yard, field or paddock;\n\nAnimal Protection Act 2018 3\n(b) physically reducing its ability to move by pinioning or\nmutilating it;\n(c) tethering or otherwise restraining it.\nconnected with an offence, for Part 5, see section 77(3).\ncorresponding law means a law of another jurisdiction that\ncorresponds to this Act, and includes a law of another jurisdiction\nthat is declared by the Regulations to be a corresponding law of\nthat jurisdiction for this Act.\ncruelty, in relation to an animal, means any conduct that\nconstitutes an offence against section 24.\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision and the reasons for it; and\n(b) any right the person to whom the notice is to be given has,\nunder this or any other Act, to apply for a review of, or to\nappeal, the decision.\ndesignated person means:\n(a) the CEO; or\n(b) an authorised officer; or\n(c) a person assisting an authorised officer under Part 5 or\notherwise acting at the request of an authorised officer; or\n(d) a veterinarian acting under this Act.\neducational institution, for Part 4, see section 36.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\nformer Act means the Animal Welfare Act 1999.\nharm means injury, damage or hurt.\nhorse firing means applying heat, extreme cold, acid or caustic\nchemicals to the leg of a horse to cause tissue damage and\ndevelop scar tissue around the tendons and ligaments of the leg.\nimprovement notice, see section 75(2).\nminimum level of care, for an animal, see section 6.\n\nAnimal Protection Act 2018 4\nmonitoring program, for Part 5, see section 78(1).\nmotor vehicle, see section 3 of the Traffic Act 1987.\noccupier, in relation to premises, means the occupier or person in\ncharge of the premises.\norganised animal fight means an event in which an animal is\nencouraged to fight with a person or another animal.\nperson entitled, for Part 5, Division 4, see section 93.\nperson in control, in relation to an animal, means any of the\n(a) an owner of the animal;\n(b) a parent or guardian of a minor who is an owner of the animal;\n(c) a person who has control of the animal or is supervising\nanother person in possession of the animal;\n(d) a person in possession of the animal.\npinioning means disabling a bird's wing or removing part of a bird's\nwing but does not include trimming the feathers at the wingtip.\npoison includes:\n(a) a Scheduled substance as defined in section 7 of the\nMedicines, Poisons and Therapeutic Goods Act 2012; and\n(b) a substance containing a substance mentioned in\nparagraph (a); and\n(c) a substance likely to cause or contribute to an animal\nsuffering.\nExample for definition poison, paragraph (c)\nGround glass in food.\npossess, in relation to an animal or thing, includes having custody,\ncare or control of the animal or thing.\npremises includes:\n(a) a building or part of a building; and\n(b) a permanent or temporary structure on land; and\n(c) land, whether or not there is a building on it; and\n\nAnimal Protection Act 2018 5\n(d) water on land.\nproject, for Part 4, see section 36.\nproject approval, for Part 4, see section 36.\nregistered means registered under Part 4, Division 2.\nresearch means to obtain fact or principles for a scientific purpose\nby:\n(a) conducting one or more experiments, procedures, tests or\nstudies involving an animal; or\n(b) subjecting an animal to surgical, medical, psychological,\nbiological, chemical or physical treatment.\nresidential premises means any premises, or part of premises,\noccupied as a place of residence.\nreturn or disposal order, in relation to an animal or thing, means\nany of the following orders:\n(a) that the CEO return the animal or thing to a person entitled to\nit;\n(b) that the CEO sell or dispose of the animal or thing under\nsection 98 or otherwise as the court considers appropriate;\n(c) that the animal or thing is forfeited to the Territory and that the\nCEO sell or dispose of the animal or thing under section 98 or\notherwise as the court considers appropriate.\nreviewable decision, see section 76(1).\nscientific purposes, see section 7.\nscientific use code, see section 8.\nseizure and management costs, see section 100.\nsell includes:\n(a) barter or exchange; and\n(b) agree or attempt to sell; and\n(c) offer, expose, supply or receive for sale; and\n(d) send, forward or deliver for sale; and\n\nAnimal Protection Act 2018 6\n(e) cause or permit to be sold.\nstock animals includes:\n(a) cattle, buffaloes, horses, mules, donkeys, sheep, deer, goats,\ncamels, swine, crocodiles and poultry; and\n(b) any other animals of a class prescribed by regulation.\nsuffering means to feel harm, pain, extreme anxiety or other\nphysical or psychological distress.\nveterinarian means a registered veterinarian under the\nVeterinarians Act 1994.\nwelfare means health, safety and well-being.\nyouth means a youth as defined in section 6 of the Youth Justice\nAct 2005.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of animal","content":"5 Meaning of animal\n(1) An animal is a live:\n(a) member of a vertebrate species, other than fish; and\n(b) fish in captivity or dependent on a person for food; and\n(c) crustacean if it is on premises where food is prepared or is\noffered for retail sale.\nNote for subsection (1)(a)\nVertebrate species of animals may include amphibians, birds, mammals and\nreptiles.\n(2) Despite subsection (1)(a), an animal does not include a human\nbeing.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Minimum level of care for animal","content":"6 Minimum level of care for animal\n(1) The minimum level of care for an animal is the level of care\nrequired to ensure that the animal:\n(a) has appropriate and sufficient food and water; and\n(b) has appropriate accommodation and living conditions; and\n\nAnimal Protection Act 2018 7\n(c) is appropriately treated for disease or an injury, or when\nsuffering; and\n(d) is allowed appropriate exercise; and\n(e) is handled only in ways that are appropriate; and\n(f) is confined or restrained only in ways that are appropriate; and\n(g) is worked, ridden or otherwise used only in ways that are\nappropriate; and\n(h) is not abandoned; and\n(i) is not used in an organised animal fight.\n(2) Something is appropriate for an animal if it is appropriate to ensure\nthe welfare of the animal having regard to all relevant\ncircumstances, including the animal's species and the environment\nin which the animal is kept or lives.\n(3) Something is not appropriate for an animal if:\n(a) it causes, is likely to cause, contributes to, or is likely to\ncontribute to the animal suffering that is unjustifiable,\nunnecessary or unreasonable in the circumstances; or\n(b) it is prescribed by regulation as being not appropriate.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Scientific purposes","content":"7 Scientific purposes\n(1) An animal is used for scientific purposes if the animal is used in\nconnection with an activity performed to acquire, develop or\ndemonstrate knowledge or techniques in an area of science.\n(2) Without limiting subsection (1), an activity includes:\n(a) teaching; and\n(b) performing field trials; and\n(c) conducting environmental studies; and\n(d) engaging in research, including research related to creating or\nbreeding a new animal line where the impact on animal\nwelfare is unknown or uncertain; and\n(e) testing products; and\n(f) producing biological products.\n\nAnimal Protection Act 2018 8\n(3) The use of an animal for scientific purposes also includes using any\nof the remains of an animal killed for the purpose of performing an\nactivity mentioned in subsection (1).\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Scientific use code","content":"8 Scientific use code\n(1) The scientific use code is the \"Australian code for the care and\nuse of animals for scientific purposes\" published by the National\nHealth and Medical Research Council, including each new edition\nof the code, as in force from time to time.\n(2) The CEO must ensure that a copy of the most recent edition of the\nscientific use code:\n(a) is kept and made available for inspection, free of charge, by\nthe public during normal business hours at the Agency's head\noffice; and\n(b) is published on the Agency's website.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Act binds Crown","content":"9 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Application of Criminal Code","content":"10 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 10\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"CEO's functions and general powers","content":"11 CEO's functions and general powers\n(1) The CEO has the following functions:\n(a) to ensure compliance with this Act;\n(b) to appoint authorised officers and to be responsible for their\nactivities under this Act;\n\nAnimal Protection Act 2018 9\n(c) to decide whether offences against this Act are prosecuted;\n(d) to administer registrations under Part 4;\n(e) to otherwise administer this Act;\n(f) to perform any other function conferred on the CEO under this\nAct.\n(2) The CEO has the powers necessary to perform the CEO's functions\nunder this Act.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"CEO's investigative powers","content":"12 CEO's investigative powers\n(1) For performing functions under this Act, the CEO may do one or\nmore of the following as, and in the way, the CEO considers\nappropriate:\n(a) obtain relevant information from persons;\n(b) consult with persons;\n(c) make inquiries of persons.\n(2) Without limiting subsection (1)(a), the CEO may require a person to\ngive information and documents to the CEO in the manner, and\nwithin the time, specified in the requirement.\n(3) A person must comply with a requirement given to the person under\nsubsection (2).\n(5) Nothing in this section is to be construed as compelling a person to\nanswer any question that would tend to incriminate the person.\n(6) However, information or documents given by an individual in\ncompliance with the requirement are not admissible in evidence\nagainst the individual in a civil or criminal proceeding, except a\nproceeding for an offence in which the falsity or misleading nature\nof the information or document is relevant.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Approved forms","content":"13 Approved forms\nThe CEO may approve forms for this Act.\n\nAnimal Protection Act 2018 10\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Delegation","content":"14 Delegation\n(1) The CEO may delegate any of the CEO's powers and functions\nunder this Act to a person.\n(2) Subsection (1) does not apply to the CEO's power to appoint\nauthorised officers.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Appointment","content":"15 Appointment\n(1) The CEO may appoint, by Gazette notice, a person to be an\nauthorised officer.\n(2) The CEO must not appoint a person to be an authorised officer\nunless satisfied that the person has the skills, qualifications, training\nand experience to properly perform the functions of an authorised\nofficer.\n(3) For subsection (2), the CEO may require that a person successfully\ncomplete a course of training specified by the CEO before the\nperson may be appointed as an authorised officer.\n(4) An appointment under this section may be for a specified period\nand subject to conditions or limitations specified in the notice of\nappointment.\n(5) A police officer has the powers and functions of an authorised\nofficer under this Act, subject to any conditions or limitations that\nthe CEO may specify by Gazette notice.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Identity card","content":"16 Identity card\n(1) The CEO must give an authorised officer, other than a police\nofficer, an identity card stating the person's name and that the\nperson is an authorised officer.\n(2) The identity card must:\n(a) show a recent photograph of the authorised officer; and\n(b) show the card's date of issue and expiry; and\n(c) specify any limitation to which the officer's appointment may\nbe subject; and\n(d) be signed by the officer.\n\nAnimal Protection Act 2018 11\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Return of identity card","content":"17 Return of identity card\n(1) A person, other than a police officer, who ceases to be an\nauthorised officer must return the person's identity card to the CEO\nwithin 21 days after the cessation.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Functions of authorised officers","content":"18 Functions of authorised officers\n(1) An authorised officer has the following functions:\n(a) to assess whether or not persons are complying with this Act;\n(b) to investigate and gather evidence of suspected offences\nagainst this Act;\n(c) to perform any other function conferred on authorised officers\nunder this Act;\n(d) to assist the CEO in the performance of the CEO's functions\nunder this Act.\n(2) An authorised officer has the powers necessary to perform the\nofficer's functions under this Act.\n(3) In exercising a power or performing a function under this Act, an\nauthorised officer is subject to the direction of the CEO.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Animal Welfare Advisory Committee","content":"19 Animal Welfare Advisory Committee\n(1) The Minister must establish the Animal Welfare Advisory\nCommittee.\n(2) The Advisory Committee is to be constituted in accordance with the\nRegulations.\n(3) The Advisory Committee has the following functions:\n(a) providing advice to the Minister or the CEO on animal welfare\nissues or on any other matter that is relevant to the operation\nof this Act;\n\nAnimal Protection Act 2018 12\n(b) investigating and reporting on matters relevant to animal\nwelfare or the operation of this Act referred to the Advisory\nCommittee by the Minister;\n(c) examining or developing codes of practice, and making\nrecommendations to the Minister about adopting or\nprescribing codes of practice under the Regulations;\n(d) providing advice to bodies, organisations or the general\ncommunity on programs for the improvement of community\nawareness about animal welfare;\n(e) performing any other function associated with the welfare of\nanimals or the operation of this Act determined by the\nMinister.\n(4) A member of the Advisory Committee is to be appointed on terms\nand conditions determined by the Minister.\n(5) Subject to the Minister's direction, the Advisory Committee may\ndetermine its own procedures.\n(6) The CEO may:\n(a) provide secretarial, administrative or other assistance to the\nAdvisory Committee; and\n(b) authorise the Agency to pay costs and expenses reasonably\nincurred by the Advisory Committee in performing its\nfunctions.\n(7) The Minister may:\n(a) appoint such other advisory committees to advise or assist the\nMinister as the Minister considers appropriate; and\n(b) determine the functions and the terms and conditions of\nmembership of those committees.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Making codes of practice","content":"20 Making codes of practice\n(1) A regulation may adopt or prescribe codes of practice relating to\nanimal welfare.\n\nAnimal Protection Act 2018 13\n(2) Without limiting subsection (1), a code of practice may be about any\nof the following:\n(a) the production, processing, keeping, display, treatment,\nhandling, husbandry, management or care of animals;\n(b) the transportation, sale, killing, hunting, shooting, catching,\ntrapping, netting, marking, control or protection of animals;\n(c) the use of animals, including for scientific purposes.\n(3) A code of practice may relate to any animal or class of animal.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Use of codes of practice in proceedings","content":"21 Use of codes of practice in proceedings\n(1) Evidence of compliance or non-compliance with a code of practice\nadopted or prescribed by regulation is admissible in proceedings as\nevidence of whether or not a duty or obligation under this Act has\nbeen complied with.\n(2) Without limiting subsection (1), it is a defence to a prosecution for\nan offence against this Act if the conduct constituting the offence, or\nan element of the offence, was in accordance with a code of\npractice adopted or prescribed by regulation.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Obligations","content":"22 Obligations\n(1) A person in control of an animal must provide a minimum level of\ncare to the animal.\n(2) A person must not be cruel to an animal.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Minimum level of care","content":"23 Minimum level of care\n\nAnimal Protection Act 2018 14\n(c) the conduct results in the animal not being provided with at\nleast the minimum level of care and the person is reckless in\n(2) Strict liability applies to subsection (1)(a).\n","sortOrder":22},{"sectionNumber":"23A","sectionType":"section","heading":"Provision of water and shelter","content":"23A Provision of water and shelter\nif:\n(a) the person keeps the animal on premises; and\n(b) at any time when the animal is on the premises, the animal\ndoes not have access to water or shelter.\n","sortOrder":23},{"sectionNumber":"23B","sectionType":"section","heading":"Provision of hygienic environment","content":"23B Provision of hygienic environment\nif:\n(a) the person keeps the animal on premises; and\n(b) the place on the premises where the animal is kept is\nunhygienic for the animal.\nExamples for paragraph (b)\n1 Faeces not removed from the place.\n2 Vermin infestation.\n23C Provision of treatment\nif:\n(a) the animal is diseased, injured or suffering; and\n(b) the person fails to treat, or seek treatment for, the disease,\ninjury or suffering.\n\nAnimal Protection Act 2018 15\n","sortOrder":24},{"sectionNumber":"23D","sectionType":"section","heading":"Confining or restraining animal","content":"23D Confining or restraining animal\n(1) A person in control of an animal commits an offence of strict liability\nif:\n(a) the person confines or restrains the animal; and\n(b) the animal is not able to move in a way that is appropriate for\nthe animal because of the confinement or restraint.\nExample for subsection (1)\nAn animal in a crate that cannot stand or turn around.\n(2) In deciding if an animal is not able to move in a way that is\nappropriate for the animal because of confinement or restraint,\nregard must be had to the animal's age, physical condition and size.\n","sortOrder":25},{"sectionNumber":"23E","sectionType":"section","heading":"Abandoning animal","content":"23E Abandoning animal\n(1) A person in control of an animal commits an offence of strict liability\nif the person abandons the animal.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant releases a native animal into the\nwild after the rehabilitation of the animal.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Cruelty to an animal","content":"24 Cruelty to an animal\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in the suffering of an animal, or additional\nsuffering of an animal, and the person is reckless in relation to\nthat result; and\n(c) the suffering is unjustifiable, unnecessary or unreasonable\nand the person is reckless in relation to that circumstance.\n(a) the person intentionally beats an animal; and\n\nAnimal Protection Act 2018 16\n(b) the beating causes the animal harm or suffering.\n(3) A person commits an offence if the person intentionally abuses or\ntortures an animal.\n(4) A person commits an offence if:\n(a) the person intentionally injures or wounds an animal; and\n(b) that conduct is unjustifiable, unnecessary or unreasonable in\nthe circumstances.\n(5) A person commits an offence if:\n(a) the person intentionally engages in conduct in relation to an\nanimal; and\n(b) the conduct is prescribed by regulation to constitute cruelty.\n(6) A person commits an offence if:\n(b) the animal is suffering and the person knows that it is\nsuffering; and\n(c) the person intentionally fails to take action that:\n(i) is reasonable in the circumstances; and\n(ii) the person knows would alleviate the animal's suffering.\nExamples for subsection (6)(c)\n1 The person does not obtain necessary veterinary treatment for the animal.\n2 The person does not destroy a suffering animal so it dies quickly without\nfurther suffering.\n\nAnimal Protection Act 2018 17\n(7) A person commits an offence if the person intentionally:\n(a) docks the tail of an animal; or\n(b) crops the ears of an animal; or\n(c) removes the claws of an animal; or\n(d) removes the voice of an animal; or\n(e) engages in horse firing.\n(8) Subsection (7) does not apply if the person is a veterinarian who\nbelieves on reasonable grounds that the procedure is a reasonable\nand necessary therapeutic measure for the treatment or welfare of\nthe animal.\nNote for subsection (8)\n(9) Absolute liability applies to subsection (5)(b).\n(10) Strict liability applies to subsections (2)(b), (4)(b) and (6)(a)\nand (c)(i).\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Aggravated cruelty","content":"25 Aggravated cruelty\n(1) The following are circumstances of aggravation for an offence\nagainst section 24:\n(a) the conduct results in serious harm to, or the death of, the\nanimal;\n(b) the person intends, or is reckless about, the conduct causing\nor contributing to a result of either serious harm or death.\n(2) The maximum penalty specified in this subsection applies to an\noffence against section 24 if the circumstances of aggravation\napplies to the offence.\nMaximum penalty: 500 penalty units or imprisonment for\n5 years.\n\nAnimal Protection Act 2018 18\nserious harm, in relation to an animal, means harm that:\n(a) endangers the animal's life; or\n(b) causes or contributes to such serious injury, serious disease\nor severe physical condition that it would be cruel not to\ndestroy the animal; or\n(c) causes serious and protracted impairment of a physical or\nmental function of the animal.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Notification of injury to domesticated animal","content":"26 Notification of injury to domesticated animal\n(1) A person who injures a domesticated animal that is not in the\nperson's control, must as soon as practicable after the injury\noccurs:\n(a) inform a person in control of the animal about the injury; or\n(b) if the person is unable to inform a person mentioned in\nparagraph (a) – inform an authorised officer about the injury.\nNote for subsection (1)\nDog, cat, horse, goat and sheep are examples of a domesticated animal.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Administering poison","content":"27 Administering poison\n(1) A person commits an offence if the person:\n(a) intentionally administers a substance to an animal; and\n(b) knows the substance is poison.\n(2) Subsection (1) does not apply if:\n(a) the person is a veterinarian acting in the normal course of\nveterinary practice; or\n(b) the person is a person, or within a class of persons, exempted\nby regulation; or\n\nAnimal Protection Act 2018 19\n(c) the conduct or a circumstance of the offence is exempted by\nregulation.\nNote for subsection (2)\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Laying poison","content":"28 Laying poison\n(1) A person commits an offence if the person:\n(a) intentionally lays a substance; and\n(b) knows the substance is poison; and\n(c) intends to:\n(i) kill an animal; or\n(ii) cause suffering to an animal; or\n(iii) contribute to an animal's suffering.\n(a) the person intentionally lays a substance; and\n(b) the person knows the substance is poison; and\n(c) an animal is killed as a result and the person is reckless in\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(a) the person intentionally lays a substance; and\n(b) the person knows the substance is poison; and\n(c) an animal suffers as a result and the person is reckless in\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n\nAnimal Protection Act 2018 20\n(4) A person commits an offence if:\n(a) the person lays poison; and\n(b) there is a reasonable likelihood that the poison will kill or\ncause suffering to an animal.\n(5) An offence against subsection (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took all reasonable steps to avoid\nkilling or causing suffering to animals.\n(7) Subsections (1), (2), (3) and (4) do not apply to any conduct or\ncircumstance excluded from the offence by regulation.\nNote for subsection (7)\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Traps","content":"29 Traps\n(1) A person commits an offence if the person sets or uses a metal\njawed trap or prohibited trap.\n(2) A person commits an offence if the person sells a metal jawed trap\nor prohibited trap.\n(3) A person commits an offence if the person possesses a metal\njawed trap or prohibited trap.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\nliability.\n(5) Subsections (1), (2) and (3) do not apply if:\n(a) the trap is a bow trap or soft-jawed trap; or\n\nAnimal Protection Act 2018 21\n(b) in relation to an offence against subsection (3), the trap is\npossessed solely for display, as a curio or as part of a\ncollection.\nNote for subsection (5)\nmetal jawed trap means a trap that is:\n(a) made, adapted or used for trapping an animal; and\n(b) designed so that the metal jaws close against each other\nwhen the trap is activated.\nprohibited trap means a trap:\n(a) made, adapted or used for trapping an animal; and\n(b) prescribed by regulation to be a prohibited trap.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Electrical devices","content":"30 Electrical devices\n(a) the person intentionally uses a device on an animal; and\n(b) the device is an electrical device.\n(a) the person intentionally sells a device; and\n(b) the device is an electrical device.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) A person commits an offence if the person has in the person's\npossession an electrical device.\n(5) An offence against subsection (4) is an offence of strict liability.\n\nAnimal Protection Act 2018 22\nelectrical device means a device or object that is made, adapted\nor used for administering an electric shock to an animal, other than:\n(a) an electric fence; or\n(b) a device or object prescribed by regulation to be an excluded\ndevice.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Spurs","content":"31 Spurs\n(a) the person intentionally uses a thing on an animal; and\n(a) the person intentionally attaches a thing to an animal; and\n(a) the person intentionally sells a thing; and\n(4) Strict liability applies to subsections (1)(b), (2)(b) and (3)(b).\n(5) A person commits an offence if the person possesses spurs.\n(6) An offence against subsection (5) is an offence of strict liability.\n(7) Subsection (5) does not apply in relation to the possession of spurs\nsolely for display, as curios or as part of a collection.\n(8) Subsections (1), (2), (3) and (5) do not apply to a device prescribed\nby regulation to be excluded spurs.\n\nAnimal Protection Act 2018 23\n(9) In this section:\nspurs means:\n(a) spurs with sharpened rowels; or\n(b) a thing made, adapted or intended to be attached to an animal\nfor:\n(i) training the animal to fight another animal; or\n(ii) increasing the ability of the animal to inflict injury on\nanother animal during fighting.\n","sortOrder":34},{"sectionNumber":"31A","sectionType":"section","heading":"Prong collars","content":"31A Prong collars\n(1) A person commits an offence of strict liability if the person uses a\nprong collar on a dog.\n(2) A person commits an offence of strict liability if the person\npossesses a prong collar.\nprong collar means a collar that:\n(a) is designed for use on a dog; and\n(b) consists of a series of links or segments with prongs, teeth or\nblunted open ends turned towards the skin of a dog so that,\nwhen the collar is tightened, the collar pinches the skin around\nthe dog's neck.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Prohibited activities","content":"32 Prohibited activities\n(b) the person intentionally uses the animal, or intentionally\npermits the animal to be used, for an activity; and\n(c) the activity is a prohibited activity and the person is reckless in\n\nAnimal Protection Act 2018 24\n(a) the person intentionally organises, promotes, advertises or\nconducts an activity; and\n(b) the activity is a prohibited activity and the person is reckless in\n(a) the person is the owner, manager or occupier of premises;\nand\n(b) the person intentionally permits the premises to be used for an\nactivity; and\n(c) the activity is a prohibited activity and the person is reckless in\n(4) Strict liability applies to subsections (1)(a) and (3)(a).\n(5) A person commits an offence if:\n(a) the person intentionally attends an activity; and\n(b) the activity is a prohibited activity and the person is reckless in\n(6) Subsections (1), (2), (3) and (5) do not apply in relation to the\nfollowing conduct:\n(a) the rehabilitation of native animals for release into the wild;\n(b) the keeping and display of animals the normal diets of which\ninclude live food;\n(ba) the feeding of live food to animals if that live food is their\nnormal diet and essential to their survival;\n(c) the mustering and working of stock animals;\n(d) the use of horses and cattle at a campdraft event;\n\nAnimal Protection Act 2018 25\n(e) the use of bovine and equine animals at a rodeo.\nNote for subsection (6)\n(7) In this section:\ncampdraft event means a competition or public event that involves\na person riding a horse to work cattle for sport.\nprohibited activity means any of the following:\n(a) a match, competition or other activity in which an animal is\nreleased from confinement for the purpose of being hunted,\ncaught, confined, killed or caused suffering by a person or\nanother animal;\n(b) the use of an animal to fight a person or another animal;\n(c) the use of an animal as a lure for blooding greyhounds;\n(d) the killing of an animal for the purpose of blooding\ngreyhounds.\nrodeo means a competition or public event that involves:\n(a) the riding or bucking of bovine or equine animals; or\n(b) the catching, wrestling, roping or tying of bovine or equine\nanimals; or\n(c) any combination of those activities.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Greyhounds","content":"33 Greyhounds\n(a) the person is in control of a greyhound; and\n(b) the greyhound is used, may be used, or is intended to be used\nfor greyhound racing and the person is reckless in relation to\nthat circumstance; and\n(c) the person keeps an animal other than a greyhound on the\nsame premises as the greyhound; and\n\nAnimal Protection Act 2018 26\n(d) the other animal is a species used for the purpose of blooding\na greyhound and the person is reckless in relation to that\ncircumstance.\n(2) Strict liability applies to subsection (1)(a) and (c).\n(3) Subsection (1) does not apply if the person is authorised by the\nCEO, in writing, to keep the other animal on the same premises as\na greyhound.\nNote for subsection (3)\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Transport of dogs","content":"34 Transport of dogs\n(1) A person commits an offence of strict liability if:\n(a) the person transports a dog on the tray of a motor vehicle or a\ntrailer on a public street; and\n(b) the dog is not secured in a way that prevents the dog from:\n(i) falling or moving off, or out of, the tray or trailer; or\n(ii) being injured by the movement of the vehicle or trailer.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the dog is being used to assist in the movement of\nstock animals.\n(3) A person commits an offence of strict liability if:\n(a) the person transports a dog on the tray of a motor vehicle or a\ntrailer on a public street; and\n(b) the dog is secured in a way that causes unjustifiable,\nunnecessary or unreasonable suffering to the dog.\nExample for subsection (3)(b)\nA dog is restrained by a leash on the tray of a motor vehicle for a long journey\nand the dog is exposed to the sun and heat causing the dog heat stress or other\npain.\n\nAnimal Protection Act 2018 27\npublic street, see section 3(1) of the Traffic Act 1987.\ntrailer, see section 3(1) of the Traffic Act 1987.\n","sortOrder":38},{"sectionNumber":"Div 2","sectionType":"division","heading":"Power to alleviate suffering","content":"Division 2 Power to alleviate suffering\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Power to alleviate suffering","content":"35 Power to alleviate suffering\n(1) A veterinarian may destroy an animal, or cause it to be destroyed, if\nthe veterinarian is of the opinion that:\n(a) the animal is so severely injured, or diseased, or in such poor\nphysical condition that it is cruel to keep it alive; and\n(b) the animal:\n(i) would not otherwise be destroyed; or\n(ii) would be destroyed in a way that is likely to cause or\ncontribute to unnecessary suffering.\n(2) The destruction of the animal must be done in a way that causes\nthe animal to die quickly and without unnecessary suffering.\n(3) Before acting under subsection (2), a veterinarian may first remove\nthe animal to a place the veterinarian considers appropriate for the\npurpose.\n(4) A veterinarian who exercises a power under this section is entitled\nto receive from a person in control of the animal the reasonable\ncosts incurred in exercising the power and may recover those costs\nas a debt owed to the veterinarian.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Definitions","content":"36 Definitions\nIn this Part:\naccredited animal ethics committee means an animal ethics\ncommittee accredited under Division 3.\nanimal includes a live:\n(a) non-human member of a vertebrate species; and\n\nAnimal Protection Act 2018 28\n(b) cephalopod.\nExamples for definition animal\nFish, amphibians, reptiles, birds and mammals.\nanimal ethics committee means an animal ethics committee\nformed under the scientific use code.\nanimal welfare offence means:\n(a) an offence against Part 3; or\n(b) an offence under a corresponding law that is the same as, or\nsimilar to, an offence against Part 3; or\n(c) an offence against Part 2 of the former Act.\nCEO guidelines, see section 39.\nchief investigator means the person who holds the role of chief\ninvestigator for the purposes of a project.\neducational institution means a school, college or university, or\nan institute established for teaching or research.\nproject means an activity or group of activities that form a discrete\npiece of work that aims to use an animal for scientific purposes.\nproject approval, means an approval under section 61 of a project\nto use an animal for scientific purposes.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Ability to group authorities or bodies","content":"37 Ability to group authorities or bodies\nThe CEO may treat a group of 2 or more authorities, institutions,\nbodies or entities as a single applicant and register them as a single\nExamples for section 37\n1 A group of Agencies.\n2 A group of educational institutions.\n38 Employees and contractors\nFor this Part, a person is engaged by another person if the person\nis employed or engaged under a contract or other arrangement,\nwhether or not for remuneration, to perform work or provide\nservices for, or on behalf of, that other person.\n\nAnimal Protection Act 2018 29\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"CEO guidelines","content":"39 CEO guidelines\nThe CEO may publish guidelines (CEO guidelines) on the\nAgency's website that specify matters that are:\n(a) to be taken into account for the purposes of determining\nwhether a person is a fit and proper person to be registered,\nor to act under a project approval, under this Part; and\n(b) relevant to an application for the accreditation of an animal\nethics committee under this Part.\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Requirement for registration","content":"40 Requirement for registration\n(1) Only the following persons may use, or allow an animal to be used,\nfor scientific purposes:\n(a) a registered person;\n(b) an individual engaged by a registered person and acting in the\ncourse of that engagement;\n(c) a student studying at an educational institution that is a\nregistered person and acting in the course of the student's\nstudies at the institution.\n(a) the person intentionally:\n(b) the person is not:\n(i) a registered person; or\n(ii) an individual engaged by a registered person and acting\nin the course of that engagement; or\n(iii) a student studying at an educational institution that is a\nregistered person and acting in the course of the\nstudent's studies at the institution.\n\nAnimal Protection Act 2018 30\n(3) Strict liability applies to subsection (1)(b).\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Application for registration","content":"41 Application for registration\n(1) A person may apply to the CEO for registration under this Part.\n(2) The application must:\n(b) specify the type of activity to be undertaken by the applicant if\nregistered; and\n(c) specify the accredited animal ethics committee or animal\nethics committees that the person intends to use for the\npurposes of the registration; and\n(d) specify the address of any premises where the work is to be\nundertaken; and\n(e) be supported by the other information specified by the CEO;\nand\n(f) be accompanied by any fee prescribed by regulation.\n(3) The CEO may require the applicant to provide any additional\ninformation the CEO considers necessary to enable the CEO to\ndetermine whether or not to register the applicant.\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Consideration of application","content":"42 Consideration of application\n(1) The CEO must not register an applicant unless satisfied that the\napplicant:\n(a) is a fit and proper person to be registered; and\n(b) is competent in relation to the care and handling of animals;\nand\n(c) has the competency to comply with the scientific use code.\n(2) A reference in subsection (1) to an applicant, if the applicant is a\nbody corporate, includes:\n(a) in the case of subsection (1)(a) – a reference to the executive\nofficers of the body corporate; and\n(b) in the case of subsection (1)(b) and (c) – a reference to the\nstaff of the body corporate.\n\nAnimal Protection Act 2018 31\n(3) In considering the application, the CEO must take into account:\n(a) whether the applicant was involved in a disqualifying event;\nand\n(b) if the applicant is a body corporate – whether any of the\nfollowing were involved in a disqualifying event:\n(i) any of its executive officers;\n(ii) another body corporate of which any of its executive\nofficers are, or have been, an executive officer; and\n(c) any matter specified in the CEO guidelines; and\n(d) any other matter the CEO considers relevant to the\ndisqualifying event means:\n(a) a finding of guilt for an animal welfare offence; or\n(b) the suspension or cancellation of a registration under\nsection 47 or an approval under section 65; or\n(c) the suspension or cancellation, under a corresponding law, of:\n(i) an authority, instrument, licence, permit or registration\n(however called) that is the same as, or similar to, a\nregistration under this Part under a section that\ncorresponds to section 47; or\n(ii) an approval that is the same as, or similar to, an\napproval under this Part under a section that\ncorresponds to section 65; or\n(d) the cancellation or suspension of a licence or permit under\n","sortOrder":46},{"sectionNumber":"Part 5","sectionType":"part","heading":"of the former Act.","content":"Part 5 of the former Act.\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Decision on application","content":"43 Decision on application\n(1) After considering an application for registration, the CEO may:\n(a) approve the application and register the applicant; or\n\nAnimal Protection Act 2018 32\n(2) As soon as practicable after making a decision under\nsubsection (1), the CEO must give a decision notice to the\napplicant.\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Conditions of registration","content":"44 Conditions of registration\n(1) A registration is subject to the conditions the CEO considers\n(2) The CEO must specify, in the decision notice given under\nsection 43(2), any conditions imposed on the registration.\n(b) the registration is subject to a condition under subsection (1);\nand\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in a contravention of the condition and the\n(4) Strict liability applies to subsection (3)(a) and (b).\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Duration and renewal of registration","content":"45 Duration and renewal of registration\n(1) A registration continues in force for 3 years, subject to its\nsuspension, cancellation or surrender.\n(2) Before the date of expiry, the registered person may apply to the\nCEO for the renewal of the registration.\n(3) The application for renewal must:\n(b) be supported by the information specified by the CEO for this\nsubsection; and\n(c) be accompanied by any fee prescribed by regulation.\n(4) Sections 42 to 44 apply to an application for a renewal of\nregistration as if it were an application for registration.\n\nAnimal Protection Act 2018 33\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Variation of registration by agreement or on application","content":"46 Variation of registration by agreement or on application\n(1) The CEO may, with the agreement of the registered person or on\nthe application of the registered person:\n(a) vary the registration of the person; or\n(b) vary a condition of the registration.\n(2) As soon as practicable after making a decision on an application\nunder subsection (1), the CEO must give a decision notice to the\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Variation, suspension or cancellation of registration by CEO","content":"47 Variation, suspension or cancellation of registration by CEO\n(1) The CEO may take action under subsection (2) if satisfied that:\n(a) a registration has been obtained improperly; or\n(b) a registered person has contravened a condition of the\nregistration; or\n(c) a registered person has contravened the scientific use code;\nor\n(d) a registered person has failed to give the CEO an annual\nreport in accordance with section 72; or\n(e) a registered person has contravened this Act or a\ncorresponding law in any other respect; or\n(f) a registered person, or an animal ethics committee used by a\nregistered person, has otherwise acted inappropriately.\n(2) The CEO may take any of the following actions:\n(a) vary a condition of the registration;\n(b) suspend the registration;\n(c) cancel the registration.\n(3) Before taking action under subsection (2), the CEO must:\n(a) notify the registered person of the proposed action and the\nreasons for it; and\n(b) allow the registered person a reasonable opportunity to make\n\nAnimal Protection Act 2018 34\nsubsection (2), the CEO must give a decision notice to the\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Surrender of registration","content":"48 Surrender of registration\nA registered person may, by written notice given to the CEO,\nsurrender the registration.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Registration not transferable","content":"49 Registration not transferable\nA registration under this Part is not transferable.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Application for accreditation","content":"50 Application for accreditation\n(1) A person may apply to the CEO for the accreditation of an animal\nethics committee for the purposes of this Part.\n(2) The application must:\n(b) specify the terms of reference of the animal ethics committee;\nand\n(c) describe how the animal ethics committee is to be constituted;\nand\n(d) include the other information specified by the CEO; and\n(e) be accompanied by any fee prescribed by regulation.\n(3) The CEO may require the applicant to provide any additional\ninformation the CEO considers necessary to enable the CEO to\ndetermine whether or not to grant the accreditation.\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Consideration of application","content":"51 Consideration of application\n(1) The CEO must not accredit an animal ethics committee unless\nsatisfied that:\n(a) the constitution of the committee is appropriate, taking into\naccount its terms of reference; and\n(b) the committee has the competence to comply with the\nscientific use code and to assess projects against the\nrequirements of the scientific use code.\n\nAnimal Protection Act 2018 35\n(2) In considering the application, the CEO must take into account:\n(a) the provisions and requirements of the scientific use code to\nthe extent that they apply to animal ethics committees; and\n(b) any matter specified in the CEO guidelines; and\n(c) any other matter the CEO considers relevant to the\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Decision on application","content":"52 Decision on application\n(1) After considering an application for accreditation, the CEO may:\n(a) approve the application and accredit the applicant animal\nethics committee; or\n(2) As soon as practicable after making a decision under\nsubsection (1), the CEO must give a decision notice to the\napplicant.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Conditions of accreditation","content":"53 Conditions of accreditation\n(1) Accreditation is subject to the conditions the CEO considers\n(2) The CEO must specify, in the decision notice given under\nsection 52(2), any conditions imposed on the accreditation.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Duration and renewal of accreditation","content":"54 Duration and renewal of accreditation\n(1) An accreditation continues in force for 3 years, subject to its\nsuspension, cancellation or surrender.\n(2) Before the date of expiry, the accredited animal ethics committee\nmay apply to the CEO for the renewal of the accreditation.\n(3) The application for renewal must:\n(b) be supported by the information specified by the CEO; and\n(c) be accompanied by any fee prescribed by regulation.\n(4) Sections 51 to 53 apply to an application for renewal of an\naccreditation as if it were an application for accreditation.\n\nAnimal Protection Act 2018 36\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Variation of accreditation by agreement or on application","content":"55 Variation of accreditation by agreement or on application\n(1) The CEO may, on the CEO's own initiative and with the agreement\nof the person holding the accreditation or on the application of that\nperson:\n(a) vary the accreditation of an animal ethics committee, its\nauthority or its composition; or\n(b) vary a condition of an accreditation.\n(2) As soon as practicable after making a decision on an application\nunder subsection (1), the CEO must give a decision notice to the\nperson holding the accreditation.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Variation, suspension or cancellation of accreditation by CEO","content":"56 Variation, suspension or cancellation of accreditation by CEO\n(1) The CEO may take action under subsection (2) if satisfied that:\n(a) an accreditation has been obtained improperly; or\n(b) a person has contravened a condition of an accreditation; or\n(c) an accredited animal ethics committee has contravened the\nscientific use code; or\n(d) an accredited animal ethics committee has failed to give the\nCEO an annual report in accordance with section 73; or\n(e) an accredited animal ethics committee has otherwise acted\ninappropriately.\n(2) The CEO may take any of the following actions:\n(a) vary a condition of the accreditation;\n(b) suspend the accreditation;\n(c) cancel the accreditation.\n(3) Before taking action under subsection (2), the CEO must:\n(a) notify the person holding the accreditation of the proposed\naction and the reasons for it; and\n(b) allow that person a reasonable opportunity to make\n\nAnimal Protection Act 2018 37\nsubsection (2), the CEO must give a decision notice to the person\nholding the accreditation.\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Surrender of accreditation","content":"57 Surrender of accreditation\nA person holding an accreditation may, by written notice given to\nthe CEO, surrender the accreditation.\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Accreditation not transferable","content":"58 Accreditation not transferable\nAn accreditation under this Part is not transferable.\n","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Application for project approval","content":"59 Application for project approval\n(1) An application for a project approval may be made to an accredited\nanimal ethics committee by:\n(a) a registered person; or\n(b) the chief investigator for the project acting under the authority\nof a registered person.\n(2) The application must be in the form required by the animal ethics\n(3) The animal ethics committee may require the applicant to provide\nany additional information the committee considers necessary to\nenable the committee to determine whether or not to approve the\nproject.\n","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Authority to act","content":"60 Authority to act\nAn animal ethics committee must not deal with an application that is\noutside its terms of reference.\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Consideration of application","content":"61 Consideration of application\n(1) An accredited animal ethics committee must not grant a project\napproval unless satisfied that:\n(a) the applicant undertaking the project is a fit and proper\nperson; and\n(b) the person or persons undertaking the project have the\ncompetence to comply with the scientific use code.\n\nAnimal Protection Act 2018 38\n(2) In considering the application, the animal ethics committee must\ntake into account:\n(a) the requirements of the scientific use code; and\n(b) any matter specified in the CEO guidelines; and\n(c) any other matter the committee considers relevant to the\n(3) After considering the application, the animal ethics committee may:\n(a) approve the application and the project; or\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Conditions of project approval","content":"62 Conditions of project approval\nA project approval is subject to the conditions the accredited animal\nethics committee considers appropriate.\n","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Duration and renewal of project approval","content":"63 Duration and renewal of project approval\n(1) A project approval continues in force for a period determined by the\naccredited animal ethics committee and is subject to the project\napproval's variation, suspension, cancellation or surrender.\n(2) Before the date of expiry, the registered person or the chief\ninvestigator (acting under the authority of the registered person)\nmay apply to the animal ethics committee for the renewal of the\nproject approval.\n(3) The application must be in the form required by the animal ethics\n(4) Sections 60 to 62 apply to an application for renewal of a project\napproval as if it were an application for project approval.\n","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Variation of project approval by agreement or on application","content":"64 Variation of project approval by agreement or on application\nAn accredited animal ethics committee may vary its approval of a\nproject, a condition of its approval or the terms of reference of the\nproject if:\n(a) the registered person for the project consents to the variation;\nor\n(b) the variation is requested by the registered person or the chief\ninvestigator for the project acting with the authority of the\n\nAnimal Protection Act 2018 39\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Variation, suspension or cancellation of project approval by","content":"65 Variation, suspension or cancellation of project approval by\ncommittee\n(1) An accredited animal ethics committee may take action under\nsubsection (2) if satisfied that:\n(a) a project approval has been obtained improperly; or\n(b) a person acting under a project approval has contravened a\ncondition of the approval; or\n(c) a person acting under a project approval has contravened the\nscientific use code; or\n(d) a person acting under a project approval has otherwise acted\ninappropriately.\n(2) The animal ethics committee may take any of the following actions:\n(a) vary a condition of the project approval;\n(b) suspend the project approval;\n(c) cancel the project approval.\n(3) Before taking action under subsection (2), the animal ethics\ncommittee must:\n(a) notify the registered person of the proposed action and the\nreasons for it; and\n(b) allow the registered person a reasonable opportunity to make\nsubsection (2), the animal ethics committee must give a decision\nnotice to the registered person.\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Automatic suspension or cancellation of project approval","content":"66 Automatic suspension or cancellation of project approval\n(1) If a person's registration is suspended, any approval of a project of\nthe person or the person's chief investigator is also suspended\nwhile the registration remains suspended.\n(2) If a person's registration is cancelled or surrendered, any approval\nof a project of the person or the person's chief investigator is also\ncancelled or surrendered.\n\nAnimal Protection Act 2018 40\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Surrender of project approval","content":"67 Surrender of project approval\nA registered person may, by written notice given to an accredited\nanimal ethics committee, surrender a project approval.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Transferability of project approval","content":"68 Transferability of project approval\n(1) A project approval is transferable with the approval of an accredited\nanimal ethics committee.\n(2) A chief investigator may not transfer a project approval without the\nconsent of the registered person.\n(3) An application to an accredited animal ethics committee for\napproval to transfer a project approval must be in a form required\nby the accredited animal ethics committee.\n(4) Sections 60 to 62 apply to an application for the approval of the\ntransfer of a project approval as if it were an application for project\napproval.\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Offences relating to project approval","content":"69 Offences relating to project approval\n(b) the person intentionally:\n(c) there is no project approval in force for the use.\n(b) the person intentionally:\n(c) there is a project approval in force for the use; and\n\nAnimal Protection Act 2018 41\n(d) the use results in a contravention of the project approval or its\nconditions and the person is reckless in relation to that result.\n(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a)\nand (c).\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"Offence to contravene codes","content":"70 Offence to contravene codes\n(1) A person must comply with the scientific use code and any\napplicable code of practice adopted or prescribed by regulation, if\nthe person is:\n(a) using an animal for scientific purposes; or\n(b) allowing an animal to be used for scientific purposes.\n(a) the person intentionally:\n(b) the use of the animal results in a contravention of the scientific\nuse code or an applicable code of practice adopted or\nprescribed by regulation and the person is reckless in relation\nto that result.\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Registers","content":"71 Registers\n(1) The CEO must keep:\n(a) a register of persons registered under this Part; and\n(b) a register of accredited animal ethics committees under this\nPart.\n(2) The registers must contain the following information:\n(a) for registered persons – the name and contact details of each\nregistered person;\n\nAnimal Protection Act 2018 42\n(b) for accredited animal ethics committees – the terms of\nreference and contact details of each accredited animal ethics\n(3) The registers may contain other information the CEO considers\n(4) A register must not include the names or contact details of\nmembers of accredited animal ethics committees.\n(5) The CEO must:\n(a) keep and make the registers available for inspection, free of\ncharge, by the public during normal business hours at the\nAgency's head office; and\n(b) allow a person to take extracts, free of charge, from the\nregisters; and\n(c) give a person a copy of a register, or a part of it, on payment\nof any fee prescribed by regulation.\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Annual report – registered persons","content":"72 Annual report – registered persons\n(1) A registered person must give an annual report to the CEO in\naccordance with subsections (3) and (4) for each calendar year, or\npart of a calendar year, for which the person is registered.\n(3) The report must include:\n(a) the following information in relation to the calendar year, or the\npart of the calendar year, to which it relates:\n(i) prescribed information about the animals used, or\nallowed to be used, for scientific purposes;\n(ii) prescribed information about the activities performed in\nconnection with the registration;\n(iii) prescribed information about any complaints received by\nthe registered person in relation to those activities,\nincluding the steps taken by the registered person to\ndeal with any such complaint and any outcome from a\ncomplaint achieved during the reporting period; and\n(b) any other information prescribed by regulation.\n\nAnimal Protection Act 2018 43\n(4) The registered person must give the annual report to the CEO\nwithin the later of:\n(a) 5 months after the end of the calendar year; or\n(b) any longer period allowed by the CEO.\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Annual reports – accredited animal ethics committees","content":"73 Annual reports – accredited animal ethics committees\n(1) An accredited animal ethics committee must give an annual report\nto the CEO in accordance with subsections (2) and (3) for each\ncalendar year, or part of a calendar year, for which the committee is\naccredited.\n(2) The report must include:\n(a) prescribed information about each project approval granted by\nthe animal ethics committee during the calendar year; and\n(b) prescribed information about any complaints received by the\nanimal ethics committee during the calendar year in relation to\nany activities conducted under a project approval granted by\nthe committee, including the steps taken by the committee to\ndeal with any such complaint and any outcome received\nduring the reporting period; and\n(c) any other information prescribed by regulation.\n(3) The accredited animal ethics committee must give the annual report\nto the CEO within the later of:\n(a) 5 months after the end of the calendar year; or\n(b) any longer period allowed by the CEO.\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Registered person must report contraventions","content":"74 Registered person must report contraventions\n(1) A registered person must report to the CEO and to the accredited\nanimal ethics committee any conduct that the person believes on\nreasonable grounds contravenes this Part.\n(2) The report to the CEO and to the accredited animal ethics\ncommittee must be:\n(a) made within 7 days after the person forms the belief; and\n(b) made in the prescribed manner, if any.\n\nAnimal Protection Act 2018 44\n(b) the person fails to make a report to the CEO and to the\naccredited animal ethics committee in accordance with\nsubsections (1) and (2).\n","sortOrder":79},{"sectionNumber":"75","sectionType":"section","heading":"Improvement notice","content":"75 Improvement notice\n(1) This section applies if an authorised officer reasonably believes that\na person:\n(a) is contravening or has contravened a provision of the scientific\nuse code or a requirement of an accredited animal ethics\ncommittee; or\n(b) has contravened a provision of the scientific use code or a\nrequirement of an accredited animal ethics committee in\ncircumstances that make it likely that the contravention will\ncontinue or be repeated; or\n(c) is performing or has performed an activity that unreasonably\nthreatens the welfare of an animal.\n(2) The authorised officer may issue a notice (an improvement\nnotice) requiring the person within the time specified in the notice:\n(a) to remedy the contravention; or\n(b) to prevent a likely contravention from occurring; or\n(c) to remedy the things, circumstances or activities causing the\ncontravention or likely contravention; or\n(d) to take other action specified in the improvement notice that\nthe authorised officer considers reasonably necessary for the\nprotection or improvement of an animal's welfare.\n(3) An improvement notice may be issued to:\n(a) a registered person; or\n(b) a person engaged by a registered person.\n(4) An improvement notice must contain any information prescribed by\nregulation.\n(5) An authorised officer may vary or cancel an improvement notice if\nthe authorised officer considers that it is appropriate to do so.\n\nAnimal Protection Act 2018 45\n(6) A person given an improvement notice must comply with the notice.\n(a) the person is given an improvement notice; and\n(c) the conduct results in a contravention of the improvement\nnotice and the person is reckless in relation to that result.\n(9) An improvement notice may include recommendations.\n(10) It is not an offence to fail to comply with a recommendation in an\nimprovement notice.\n","sortOrder":80},{"sectionNumber":"76","sectionType":"section","heading":"Review by Civil and Administrative Tribunal","content":"76 Review by Civil and Administrative Tribunal\n(1) The Civil and Administrative Tribunal has jurisdiction to review a\ndecision (a reviewable decision) specified in Schedule 1.\n(2) An affected person, for a reviewable decision, is the person\nspecified in Schedule 1 for the decision.\n(3) An affected person for a reviewable decision may apply to the\nTribunal for review of the decision.\nNote for section 76\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to the Tribunal for review and other relevant matters in\nrelation to reviews.\n","sortOrder":81},{"sectionNumber":"77","sectionType":"section","heading":"Interpretation","content":"77 Interpretation\n(1) A reference in this Part to an occupier of premises includes a\nreference to a person who an authorised officer believes on\nreasonable grounds to be an occupier of the premises or the\nperson in charge of the premises.\n(2) A reference in this Part to premises includes a reference to:\n(a) a motor vehicle; and\n\nAnimal Protection Act 2018 46\n(b) a trailer or caravan; and\n(c) an aircraft; and\n(d) a boat or other vessel; and\n(e) a train or rolling stock on or for use on a railway.\n(3) For this Part, an animal or thing is connected with an offence if:\n(a) it is an animal or thing in relation to which the offence is being\nor has been committed; or\n(b) it is likely to provide evidence of the commission of the\noffence; or\n(c) it was used or intended to be used for the purpose of\ncommitting the offence.\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"CEO to develop programs","content":"78 CEO to develop programs\n(1) The CEO may develop a program (a monitoring program) under\nwhich authorised officers may monitor:\n(a) compliance with a code of practice; or\n(b) compliance with the scientific use code.\n(2) The CEO must, before finalising the development of a monitoring\nprogram, publish a notice about the proposed program:\n(a) in a newspaper circulating generally throughout the Territory;\nand\n(b) on the Agency's website.\n(3) The notice must:\n(a) identify the requirements or provisions of any code of practice\nor scientific use code to which the proposed monitoring\nprogram relates; and\n(b) specify where copies of the proposed program may be\ninspected; and\n(c) state that any person may comment on the proposed program;\nand\n(d) specify the method for giving comments; and\n\nAnimal Protection Act 2018 47\n(e) specify the period, which must be at least 28 days, during\nwhich comments may be given.\n(4) The CEO must ensure that a copy of the proposed monitoring\nprogram is, during the period mentioned in subsection (3)(e), kept\nand made available for inspection, free of charge, by the public\nduring normal business hours at:\n(a) the Agency's head office; and\n(b) any other place the CEO considers appropriate.\n(5) The CEO may, by Gazette notice, adopt the monitoring program,\nwith or without variation, after considering any comments submitted\nunder subsection (3) and any other matters the CEO considers\n(6) The CEO may vary an adopted monitoring program by following the\nprocedure for developing, publishing and adopting a monitoring\nprogram under this section.\n(7) The CEO must ensure that a copy of the most recent version of a\nmonitoring program:\n(a) is kept and made available for inspection, free of charge, by\nthe public during normal office hours at the Agency's head\noffice; and\n(b) is published on the Agency's website.\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"Specific function relating to monitoring programs","content":"79 Specific function relating to monitoring programs\nAn authorised officer must, as required by the CEO, perform the\nfunctions specified in a monitoring program.\n","sortOrder":84},{"sectionNumber":"80","sectionType":"section","heading":"Requirement to report suspected offences","content":"80 Requirement to report suspected offences\nIf an authorised officer believes on reasonable grounds that an\noffence against this Act has been, is being or is likely to be\ncommitted, the authorised officer must report the matter to the CEO\nas soon as practicable.\n","sortOrder":85},{"sectionNumber":"81","sectionType":"section","heading":"Power to require name and address","content":"81 Power to require name and address\n(1) An authorised officer may require a person to state the person's\nname and address and produce evidence of the person's identity if\nthe authorised officer believes on reasonable grounds that the\nperson has committed, is committing, or is about to commit, an\n\nAnimal Protection Act 2018 48\noffence against this Act.\n(2) A person commits an offence if the person contravenes a\nrequirement given under subsection (1).\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) Subsection (2) does not apply if:\n(a) the authorised officer did not produce the officer's identity card\nfor inspection by the person if asked; or\n(b) the authorised officer did not, before giving the requirement,\nwarn the person that failure to comply with the requirement is\nan offence.\nNote for subsection (4)\n","sortOrder":86},{"sectionNumber":"82","sectionType":"section","heading":"Exercise of powers","content":"82 Exercise of powers\n(1) An authorised officer has the powers necessary to perform the\nofficer's functions under this Act.\n(2) An authorised officer may use reasonable force and assistance in\nexercising a power or performing a function under this Act.\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Power of entry","content":"83 Power of entry\n(1) An authorised officer may enter premises:\n(a) with the consent of the occupier obtained under section 84; or\n(b) under a search warrant issued under section 85; or\n(c) without the occupier's consent or the authority of a warrant if\njustified under subsection (2).\n(2) The entry is justified without the consent or warrant if:\n(a) the entry is to the surrounding area or yard of any building, or\nany other place that does not constitute a building, and the\nofficer is entering to determine whether an animal is suffering;\nor\n\nAnimal Protection Act 2018 49\n(b) subject to subsection (2A), the authorised officer believes on\nreasonable grounds that the premises are being used for\nanimal racing, or any training or other practice or purpose in\nrelation to animal racing, and the entry is:\n(i) to ensure the provisions of this Act are not being\ncontravened; and\n(ii) undertaken at a reasonable time; or\n(ba) subject to subsection (2A), the authorised officer believes on\nreasonable grounds that the premises are being used for, or in\nconnection with, a business involving animals and the entry is:\n(i) to ensure the provisions of this Act are not being\ncontravened; and\n(ii) undertaken at a reasonable time; or\n(c) the entry is to premises where a registered person is keeping\nor using animals for scientific purposes and the entry is\nundertaken at a reasonable time; or\n(d) an animal welfare direction has been issued to the occupier\nand the entry is made to check compliance with the direction;\nor\n(e) without limiting paragraphs (a) to (d), the officer believes on\nreasonable grounds that the circumstances are so serious and\nurgent as to require the immediate exercise of a power under\nthis Division.\nExamples of animal racing for subsection (2)(b)\n1 Greyhound racing.\n2 Horse racing.\nExamples of businesses involving animals for subsection (2)(ba)\n1 Boarding kennels for cats and dogs.\n2 Sale-yards or holding yards for cattle.\nExamples for subsection (2)(e)\n1 An authorised officer enters a locked motor vehicle to retrieve an animal that\nis suspected to be suffering from heat stress.\n2 An authorised officer enters a burning building that is locked to retrieve an\nanimal.\n(2A) An authorised officer entering premises under subsection (2)(b)\nor (ba) must not enter premises, or part of premises, that are\nresidential premises.\n\nAnimal Protection Act 2018 50\n(3) An authorised officer must give an occupier reasonable notice of\nthe officer's intention to enter the premises to conduct an inspection\nunless:\n(a) the officer is acting under a search warrant; or\n(b) the officer is acting under subsection (2)(a), (c) or (e).\n(4) However, before acting under subsection (2)(a), the authorised\nofficer must take reasonable steps to contact an occupier of the\npremises about the inspection.\n(5) Subsection (3) does not apply to the following:\n(a) a motor vehicle;\n(b) a trailer or caravan;\n(c) an aircraft;\n(d) a boat or other vessel;\n(e) a train or rolling stock on, or for use on, a railway.\n(6) The amount of any reasonable expenses incurred in gaining access\nto premises may be recovered by the Territory from the occupier of\nthe premises as a debt owed to the Territory.\n","sortOrder":88},{"sectionNumber":"84","sectionType":"section","heading":"Consent to entry","content":"84 Consent to entry\n(1) An authorised officer seeking an occupier's consent to enter\npremises must:\n(a) show the officer's identity card to the occupier; and\n(b) give the occupier the reasons why the entry is sought; and\n(c) inform the occupier that the occupier may refuse to give\nconsent.\n(2) An authorised officer is not entitled to remain on premises if the\nauthorised officer does not show the identity card to an occupier of\nthose premises.\n(3) Having entered premises, an authorised officer may remain on the\npremises for as long as is reasonably necessary to enable the\nofficer to perform the officer's functions.\n(4) This section does not affect any powers a police officer may\nexercise under another law.\n\nAnimal Protection Act 2018 51\n","sortOrder":89},{"sectionNumber":"85","sectionType":"section","heading":"Application for and issue of warrant","content":"85 Application for and issue of warrant\n(1) An authorised officer may apply to a justice of the peace for a\nsearch warrant to enter premises:\n(a) by appearing in person before the justice of the peace; or\n(b) if it is not practicable to appear in person – by telephone, radio\nor other means of communication.\n(2) If the justice of the peace is satisfied that there are reasonable\ngrounds to permit the authorised officer to enter the premises, the\njustice may issue a warrant directed to the authorised officer.\n(3) If the justice of the peace issues a warrant on an application made\nunder subsection (1)(b), the justice must:\n(a) complete and sign the warrant (the original warrant); and\n(b) record on the original warrant the reasons for issuing it; and\n(c) inform the authorised officer by telephone or radio or other\nmeans of communication of its terms.\n(4) When informed of the terms of the warrant under subsection (3)(c),\nthe authorised officer must, as soon as practicable:\n(a) complete 2 copies of a form of warrant in the terms provided\nby the justice of the peace; and\n(b) write on each copy the name of the justice of the peace and\nthe date and time of the issue of the original warrant; and\n(c) forward one copy to the justice of the peace.\n(5) The authorised officer may use the remaining copy of the warrant to\nexercise the powers granted by the original warrant.\n(6) If the justice of the peace is satisfied, after comparing the forwarded\ncopy with the original warrant, that the copy is in substance\nidentical to the original warrant, the justice must certify the copy as\nbeing in substance identical to the original warrant.\n","sortOrder":90},{"sectionNumber":"86","sectionType":"section","heading":"Effect and term of warrant","content":"86 Effect and term of warrant\n(1) A warrant permits the authorised officer to whom it is directed, and\nany person assisting the authorised officer, to:\n(a) enter the premises specified in the warrant; and\n(b) exercise the powers of an authorised officer under this Act.\n\nAnimal Protection Act 2018 52\n(2) A warrant remains in force for 1 month from its date of issue.\n","sortOrder":91},{"sectionNumber":"87","sectionType":"section","heading":"Entry on Aboriginal land","content":"87 Entry on Aboriginal land\nThe power of an authorised officer to enter premises may be\nexercised under this Act, despite:\n(a) the premises being Aboriginal land as defined in section 3 of\nthe Aboriginal Land Act 1978; and\n(b) the officer not holding a permit under that Act to enter or\nremain on Aboriginal land.\n","sortOrder":92},{"sectionNumber":"88","sectionType":"section","heading":"Powers of inspection","content":"88 Powers of inspection\n(1) An authorised officer who enters premises under this Act may\ninspect the premises to the extent reasonably required for the\nadministration, operation or enforcement of this Act.\n(2) The authorised officer may do any of the following during an\ninspection:\n(a) examine any animal on the premises;\n(b) inspect anything on the premises;\n(c) take copies of, or extracts from, documents on the premises;\n(d) take photographs or make films or video recordings of the\npremises or animals or things on the premises;\n(e) bring onto the premises and use any equipment or other thing\nthat is reasonably necessary to enable the officer to exercise\nthe officer's powers under this Act;\n(f) seize animals or things that the officer believes on reasonable\ngrounds are connected with an offence;\n(fa) take samples from an animal or thing that the officer believes\non reasonable grounds is connected with an offence;\n(g) require a person on the premises to do any of the following:\n(i) answer questions asked by the officer;\n(ii) produce documents or things to the officer;\n\nAnimal Protection Act 2018 53\n(iii) give the officer reasonable help to exercise the officer's\npowers under this Act.\nNote for subsection (2)(fa)\nA sample of an animal or thing may include a sample of blood or urine from an\nanimal or a sample of a substance.\n(3) A person given a requirement under subsection (2)(g) must take\nreasonable steps to comply with the requirement.\n","sortOrder":93},{"sectionNumber":"89","sectionType":"section","heading":"Reports","content":"89 Reports\n(1) If an authorised officer enters commercial premises with an\noccupier's consent obtained under section 84, the officer must give\nthe occupier a written report about the inspection conducted under\nsection 88.\n(2) The report must be given not later than 30 days after the date of the\ninspection and contain:\n(a) a description of the inspection; and\n(b) a description of the action taken by the authorised officer or\nthe CEO as a result of the inspection; and\n(c) any comments reasonably requested by the occupier about\nother matters connected with the welfare of animals kept on\nthe premises; and\n(d) any other comments the authorised officer considers\nappropriate and relevant to the welfare of the animals kept on\nthe premises.\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Power to alleviate suffering","content":"90 Power to alleviate suffering\n(1) This section applies if an authorised officer believes on reasonable\ngrounds that:\n(a) an animal has not been provided with appropriate or sufficient\nfood or drink; or\n(b) an animal is so severely injured, diseased or overworked, or in\nsuch a poor physical condition, that it is necessary for the\nanimal to be provided with veterinary treatment; or\n(c) an animal is being treated in a way that is likely to cause or\ncontribute to it suffering.\n\nAnimal Protection Act 2018 54\n(2) The authorised officer may take any action the officer considers\nnecessary to alleviate the animal's suffering or to provide for its\nreasonable care.\n(3) Without limiting subsection (2), the following actions may be taken:\n(a) providing the animal with food or drink;\n(b) seizing the animal and removing it to a place the officer\nconsiders appropriate;\n(c) giving the person in control of the animal a written notice\nrequiring the person to obtain veterinary treatment for the\nanimal within a specified period;\n(d) authorising another person to take action the officer considers\nappropriate and specifying or approving the action.\n(4) The authorised officer may also require a person in control of an\nanimal or otherwise required to take action under this section to do\nany of the following:\n(a) give the officer a report, within a specified period, about action\ntaken to care for the animal or to comply with a requirement\nimposed by the officer;\n(b) be available at a specified time and place to present the\nanimal for inspection by the officer;\n(c) be available at a specified time and place to answer questions\nabout the welfare of the animal.\n(5) The authorised officer may require the person to include in a report\nmentioned in subsection (4)(a):\n(a) the name and contact details of any veterinarian who\nexamined the animal; and\n(b) the nature of any treatment to the animal provided by a\nveterinarian and the date it was provided.\n(6) A person who is given a notice under subsection (3)(c) or is subject\nto a requirement under subsection (4) must comply with the notice\nor requirement.\n(a) the person is given a notice under subsection (3)(c) or is\nsubject to a requirement under subsection (4); and\n\nAnimal Protection Act 2018 55\n(c) the conduct results in a contravention of the notice or the\nrequirement, as the case may be, and the person is reckless\nin relation to that result.\n(9) If an authorised officer acts under this section, the Territory may\nrecover the reasonable costs incurred in so acting from a person in\ncontrol of the animal as a debt owed to the Territory.\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Power to destroy an animal","content":"91 Power to destroy an animal\n(1) Subject to subsection (4), an authorised officer may destroy an\nanimal, or cause it to be destroyed, if the officer believes on\nreasonable grounds that:\n(a) the animal is so severely injured, or diseased, or in such poor\nphysical condition that it is cruel to keep it alive; and\n(b) the animal:\n(i) would not otherwise be destroyed; or\n(ii) would be destroyed in a way that is likely to cause or\ncontribute to unnecessary suffering.\n(2) The destruction of the animal must be done in a way that causes\nthe animal to die quickly and without unnecessary suffering.\n(3) Before acting under subsection (1), the authorised officer may first\nremove the animal to a place the officer considers appropriate for\nthe purpose.\n(4) The authorised officer must not act under subsection (1) unless:\n(a) a person in control of the animal consents; or\n(b) a person in control of the animal refuses or fails to consent\nand the officer believes on reasonable grounds that immediate\naction should be taken under that subsection; or\n(c) the officer has been unable to identify, or to make contact\nwith, a person in control of the animal after having taken\nreasonable steps to do so; or\n(d) the officer is a veterinarian.\n\nAnimal Protection Act 2018 56\n(5) Before acting under subsection (4)(b) or (c), the authorised officer\nmust first take reasonable steps to contact a veterinarian to obtain:\n(a) information about the option of a veterinarian attending to\ndestroy the animal within a reasonable period; or\n(b) advice and guidance on the steps to be taken by the\nauthorised officer to destroy the animal.\n(6) If an authorised officer acts under this section, the Territory may\nrecover the reasonable costs incurred in so acting from a person in\ncontrol of the animal as a debt owed to the Territory.\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Animal welfare direction","content":"92 Animal welfare direction\n(1) An authorised officer may issue a written direction (an animal\nwelfare direction) to a person in control of an animal if the officer\nbelieves on reasonable grounds that:\n(a) the person has committed, is committing, or is about to\ncommit, an offence in relation to the animal; or\n(b) the animal is not being cared for properly; or\n(c) the animal is experiencing undue suffering; or\n(d) the animal requires veterinary treatment; or\n(e) the animal is being used for work when it is not appropriate for\nit to be used for work; or\n(f) the animal's welfare is being adversely affected and, in the\ncircumstances, action under this section is reasonably\njustified.\n(2) An animal welfare direction may require the person to whom the\ndirection is given to do any of the following:\n(a) care for, or treat, the animal in a specified way;\n(b) provide the animal with specified rest, exercise, food, drink,\nshelter or treatment;\n(c) consult a veterinarian about the animal's physical condition\nwithin a specified period;\n(d) move the animal to another specified place;\n(e) not move the animal from the place where the animal is at the\ntime that the direction is given;\n\nAnimal Protection Act 2018 57\n(f) take other specified action, within a specified period, that the\nauthorised officer considers reasonably necessary for the\nprotection or improvement of the animal's welfare.\n(3) Without limiting subsection (2), an animal welfare direction may\nrequire the person to whom the direction is given to do any of the\n(a) give the authorised officer a report, within a specified period,\nabout action taken to care for the animal or to comply with a\nrequirement imposed as part of the animal welfare direction;\n(b) be available at a specified time and place to present the\nanimal for inspection by the authorised officer;\n(c) be available at a specified time and place to answer questions\nabout the welfare of the animal.\n(4) The authorised officer may require the person to include in a report\nmentioned in subsection (3)(a):\n(a) the name and contact details of any veterinarian who\nexamined the animal; and\n(b) when the veterinarian provided any treatment to the animal.\n(5) An animal welfare direction may be given in conjunction with any\naction taken under another provision of this Act.\n(6) A person given an animal welfare direction must comply with the\ndirection.\n(a) the person is given an animal welfare direction; and\n(c) the conduct results in a contravention of the direction and the\n\nAnimal Protection Act 2018 58\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Definition","content":"93 Definition\nIn this Division:\nperson entitled, in relation to an animal or thing, means any of the\n(a) the owner of the animal or thing;\n(b) a person authorised by the owner to possess the animal or\nthing;\n(c) another person who is legally entitled to possess the animal or\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"CEO to keep and care for seized animal or thing","content":"94 CEO to keep and care for seized animal or thing\n(1) If an authorised officer seizes an animal or thing under this Act, the\nCEO:\n(a) is taken to be in possession of it; and\n(b) must take reasonable steps to ensure that it is kept safely and\nprovided with the minimum level of care.\n(2) The CEO may enter into an arrangement with another person to\nkeep and care for the animal or thing.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Retention of animal or thing seized under section 88(2)(f)","content":"95 Retention of animal or thing seized under section 88(2)(f)\n(1) If an animal or thing is seized under section 88(2)(f), the CEO must\ndeal with it under this section.\n(2) The CEO may retain the animal or thing until one of the following\noccurs:\n(a) 2 years elapse from when the animal or thing was seized\nwithout a prosecution being commenced for an offence with\nwhich it is connected;\n(b) the CEO decides that a person should not be prosecuted for\nan offence with which the animal or thing is connected;\n(c) a prosecution for an offence with which the animal or thing is\nconnected, and all proceedings and appeals relating to the\nprosecution, have been finally determined;\n\nAnimal Protection Act 2018 59\n(d) a court makes a return or disposal order for the animal or\n(3) When the CEO's authority to retain the animal or thing ceases, the\nCEO must deal with it in accordance with section 97.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Retention of animal seized under section 90","content":"96 Retention of animal seized under section 90\n(1) If an animal is seized under section 90(3)(b), the CEO must deal\nwith it under this section.\n(2) However, if the CEO believes on reasonable grounds that the\nanimal is connected with an offence, the CEO may instead deal\nwith the animal under section 95.\n(3) The CEO may retain the animal for as long as the CEO considers\nreasonably necessary for the purpose of alleviating its suffering.\n(4) When it is no longer necessary to retain the animal for that purpose,\nthe CEO must deal with it under section 97.\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Animal or thing to be returned to person entitled","content":"97 Animal or thing to be returned to person entitled\n(1) If required by section 95(3) or 96(4) to deal with an animal or thing\nunder this section, the CEO must:\n(a) deal with the animal or thing in accordance with any order\nmade by a court concerning the return or disposal of the\nanimal or thing; or\n(b) return the animal or thing to a person who the CEO believes\non reasonable grounds is a person entitled to it.\n(2) However, the CEO may instead deal with the animal or thing under\nsection 98 if:\n(a) the CEO has taken all reasonable steps to find a person\nentitled to it but has been unable to do so; or\n(b) no person entitled to it is willing to take possession of it; or\n(c) its owner, or another person with a legal right to sell it,\nauthorises the CEO, in writing, to deal with it under section 98.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Sale or disposal of animal or thing","content":"98 Sale or disposal of animal or thing\n(1) If required or permitted by this Act to deal with an animal or thing\nunder this section, the CEO may do any of the following as the\nCEO considers appropriate:\n(a) sell the animal or thing;\n\nAnimal Protection Act 2018 60\n(b) give the animal or thing to a charitable organisation;\n(c) if it is of use to the Agency – retain the animal or thing;\n(d) if is of use to another Agency – give the animal or thing to that\nAgency;\n(e) if it is not reasonable or practicable to do one of the things\nmentioned in paragraphs (a) to (d) – destroy the animal or\n(2) If an animal or thing is sold under subsection (1)(a), a person\nissued a reimbursement order under section 101 is entitled to be\nreimbursed, out of the proceeds of sale, for any seizure and\nmanagement costs incurred by a person for the animal or thing that\nhave not been reimbursed.\n(3) Any balance of the proceeds of sale must be paid:\n(a) to the owner or another person who is legally entitled to those\nproceeds; or\n(b) to the Central Holding Authority if:\n(i) the CEO is unable to find a person mentioned in\nparagraph (a) after taking all reasonable steps to do so;\nor\n(ii) the animal or thing has been forfeited to the Territory.\n(4) However, if a court makes an order for the sale or disposal of the\nanimal or thing or distribution of proceeds in a different way, the\nCEO must deal with the animal, thing or proceeds in accordance\nwith the order.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Return or disposal orders","content":"99 Return or disposal orders\n(1) This section applies if an animal or thing:\n(a) is seized under this Act; and\n(b) is not forfeited to the Territory; and\n(c) has not been sold or disposed of under section 98.\n(2) The CEO or a person entitled to the animal or thing may apply to a\ncourt to make a return or disposal order.\n\nAnimal Protection Act 2018 61\n(3) The order may be made by:\n(a) if the person entitled to the animal is a youth and the value of\nthe animal or thing is within its jurisdictional limit – the Youth\nJustice Court; or\n(b) if the value of the animal or thing is within its jurisdictional\nlimit – the Local Court; or\n(c) the court hearing any charge for an offence with which the\nanimal or thing is connected; or\n(d) in any other case – the Supreme Court .\n(4) An order may be made under subsection (3)(a), (b) or (d) whether\nor not a person is charged with an offence with which the animal or\nthing is connected.\n(5) An order may be made under subsection (3)(c):\n(a) as an interim order or on the determination of the proceedings\nfor the offence; and\n(b) whether or not a person is found guilty of an offence.\n(6) If a person is charged with an offence against this Act with which\nthe animal or thing is connected:\n(a) an application for an order may be transferred to the court\nhearing the charge from another court; and\n(b) the court has the jurisdiction to hear and determine the matter.\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Meaning of seizure and management costs","content":"100 Meaning of seizure and management costs\n(1) If an animal or thing is seized under this Act, the seizure and\nmanagement costs for the animal or thing are the reasonable\ncosts incurred in relation to any of the following:\n(a) taking possession of the animal or thing;\n(b) transporting the animal or thing;\n(c) for an animal – ensuring that the animal is provided with an\nappropriate level of care, including:\n(i) providing food or drink; and\n\nAnimal Protection Act 2018 62\n(ii) alleviating any suffering;\n(d) destroying the animal;\n(e) for a thing – storing or looking after the thing;\n(f) returning, or selling or disposing of, the animal or thing in\naccordance with this Act.\n(2) If an authorised officer takes action under section 90 in relation to\nan animal, other than seizing it under section 90(3)(b), the seizure\nand management costs for the animal are the reasonable costs\nincurred in taking the action.\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Order for reimbursement of seizure and management costs","content":"101 Order for reimbursement of seizure and management costs\n(1) This section applies if:\n(a) an animal or thing is seized under this Act or an authorised\nofficer takes action under section 90 in relation to an animal;\nand\n(b) a person incurs seizure and maintenance costs for the animal\nor thing.\n(2) The person who incurs seizure and maintenance costs may apply\nto a court for an order that a person in charge of the animal or thing\nreimburse the applicant for seizure and management costs incurred\nby the applicant that have not been paid under another provision of\nthis Act\n(3) The order may be made by the court mentioned in section 99(3)\nand section 99(4), (5) and (6) apply to the order.\n(4) The court must not make the order unless satisfied that, in the\ncircumstances:\n(a) the seizure of the animal or thing, or the taking of action under\nsection 90, was reasonable; and\n(b) it is reasonable to require the person against whom the order\nis sought to pay the seizure and management costs.\n(5) This section does not limit any other right of recovery that may be\navailable under another provision of this Act.\n\nAnimal Protection Act 2018 63\nperson in charge, in relation to an animal or thing that was seized\nor in respect of which action was taken under section 90, also\nincludes:\n(a) for an animal – a person who was in charge of the animal\nwhen it was seized or the action was taken; and\n(b) for a thing:\n(i) an owner of the thing; and\n(ii) a person who possesses the thing or had possession of\nthe thing when it was seized.\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Protection from liability","content":"102 Protection from liability\n(1) A designated person is not civilly or criminally liable for an act done\nor omitted to be done by the person in good faith in the exercise of\na power or performance of a function under this Act.\n(2) Subsection (1) does not affect a liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Unauthorised disclosure of confidential information","content":"103 Unauthorised disclosure of confidential information\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the information is confidential information and the person has\nknowledge of that circumstance; and\n(c) the person intentionally engages in conduct; and\n\nAnimal Protection Act 2018 64\n(d) the conduct results in the disclosure of the information and the\n(2) Strict liability applies to subsection (1)(a).\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nsection 43BU of the Criminal Code). In addition to the circumstances mentioned\nin subsection (3), a person who discloses confidential information will not be\ncriminally responsible for an offence if the disclosure is justified or excused by or\nunder a law (see section 43BE of the Criminal Code).\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Obstruction of designated persons","content":"104 Obstruction of designated persons\n(a) the person intentionally obstructs, hinders or resists another\nperson; and\n(b) the other person is a designated person; and\n(c) the designated person is acting in an official capacity and the\n(2) Strict liability applies to subsection (1)(b).\n\nAnimal Protection Act 2018 65\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Misleading information","content":"105 Misleading information\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is a designated person; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the designated person is acting in an official capacity and the\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is designated person; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the designated person is acting in an official capacity and the\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\ndesignated person's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe designated person the information necessary to remedy\nthe misleading aspect of the document.\nNote for subsection (4)\n\nAnimal Protection Act 2018 66\n(5) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":110},{"sectionNumber":"106","sectionType":"section","heading":"Falsely representing to be an authorised officer","content":"106 Falsely representing to be an authorised officer\nA person commits an offence if:\n(a) the person intentionally represents, by words or conduct, that\nthe person or another person is an authorised officer; and\n(b) the representation is false and the person has knowledge of\nthat circumstance.\n","sortOrder":111},{"sectionNumber":"107","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"107 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision and the officer was reckless about whether\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) Strict liability applies to subsection (1)(b).\n(3) In deciding whether the executive officer took, or failed to take,\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing, to the extent the action is relevant to the\ncontravention:\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n\nAnimal Protection Act 2018 67\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives, employees, agents\nand contractors had a reasonable knowledge and\nunderstanding of the requirement to comply with the\ndeclared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not affect the liability of the body corporate.\n(6) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the offence.\n(7) Without limiting any other defence available to the officer, an\nexecutive officer may rely on a defence that would be available to\nthe body corporate if it were charged with the offence with which\nthe executive officer is charged and, in so doing, the officer bears\nthe same burden of proof that the body corporate would bear.\n(8) In this section:\ndeclared provision means:\n(a) section 12(3), 40(2), 44(3), 69(1) or (2), 70(2), 75(7), 104(1) or\n105(1) or (2); or\n(b) a prescribed provision of the regulations.\n","sortOrder":112},{"sectionNumber":"108","sectionType":"section","heading":"Criminal liability of executive officer of body corporate –","content":"108 Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\n\nAnimal Protection Act 2018 68\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent commission of the\ncontravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took, or failed to take,\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing, to the extent the action is relevant to the\ncontravention:\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives, employees, agents\nand contractors had a reasonable knowledge and\nunderstanding of the requirement to comply with the\ndeclared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the offence.\n(8) Without limiting any other defence available to the officer, an\nexecutive officer may rely on a defence that would be available to\nthe body corporate if it were charged with the offence with which\nthe executive officer is charged and, in so doing, the officer bears\nthe same burden of proof that the body corporate would bear.\n\nAnimal Protection Act 2018 69\n(9) In this section:\ndeclared provision means:\n(a) section 24(1), (2), (3), (4), (5), (6) or (7), 25(2), 32(1), (2) or (3)\nor 33(1); or\n(b) a prescribed provision of the regulations.\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Continuing offences","content":"109 Continuing offences\n(1) This section applies if a court has found a person guilty of an\noffence against this Act.\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the first day the offence is\ncommitted.\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Aboriginal laws and customs","content":"110 Aboriginal laws and customs\n(1) This Act recognises the right of Aboriginal communities to conduct\ncultural practices and hunting and fishing activities in accordance\nwith their traditional laws and customs.\n(2) It is a defence to a prosecution for an offence against section 24,\nother than subsection (3), and against section 25 if:\n(a) the person is an Aboriginal person; and\n(b) the conduct complied with Aboriginal traditional law or custom.\n","sortOrder":115},{"sectionNumber":"111","sectionType":"section","heading":"Defences","content":"111 Defences\n(1) It is a defence to a prosecution for an offence against this Act if the\nconduct constituting the offence, or an element of the offence, was:\n(a) engaged in to alleviate the suffering of an animal; and\n(b) reasonable in the circumstances.\n(2) Subject to section 110, it is not a defence to a prosecution for an\noffence against this Act that the conduct constituting the offence, or\nan element of the offence, was in accordance with cultural, religious\nor traditional practices.\n\nAnimal Protection Act 2018 70\n","sortOrder":116},{"sectionNumber":"112","sectionType":"section","heading":"Alternative verdicts","content":"112 Alternative verdicts\nThe court may find a person not guilty of an offence for which the\nperson was prosecuted but guilty of an alternative offence if:\n(a) the person was charged with an offence against a provision\nmentioned in the following Table; and\n(b) the court is not satisfied beyond reasonable doubt that the\nperson committed the prosecuted offence; and\n(c) the court is satisfied beyond reasonable doubt that the person\ncommitted the offence specified in the Table as the alternative\noffence for the prosecuted offence.\nTable Alternative offences\nProsecuted offence Alternative offence\nsection 24(1) to (7) 23(1)\n","sortOrder":117},{"sectionNumber":"113","sectionType":"section","heading":"Immediate forfeiture in certain cases","content":"113 Immediate forfeiture in certain cases\n(1) An animal is forfeited to the CEO if:\n(a) a court finds a person guilty of an offence against this Act; and\n(b) the offence was committed in relation to the animal; and\n(c) the person was a person in control of the animal at the time of\nthe offence.\n(2) The CEO may do any of the following in relation to the forfeited\nanimal as the CEO considers appropriate:\n(a) allow the owner to retain the animal, or return the animal to\nthe owner, and cancel the forfeiture, subject to conditions as\nthe CEO considers appropriate;\n(b) sell the animal;\n(c) give the animal to a charitable organisation;\n(d) if it is of use to the Agency – retain the animal or thing;\n(e) if is of use to another Agency – give the animal or thing to that\nAgency;\n(f) if it is not reasonable or practicable to do any of the things\nmentioned in paragraphs (a) to (e) – destroy the animal.\n\nAnimal Protection Act 2018 71\n(a) the person possesses an animal subject to a condition under\nsubsection (2)(a); and\n(c) the conduct results in a contravention of the condition and the\n(4) Strict liability applies to subsection (3)(a).\n(5) If an animal is sold under subsection (2)(b), the CEO is entitled to\nbe reimbursed out of the proceeds of sale for any seizure and\nmanagement costs.\n(6) Any balance of the proceeds of sale under subsection (2)(b) must\nbe paid to the Central Holding Authority.\n(7) This section does not limit the operation of section 114 in relation to\nthe same offence.\n","sortOrder":118},{"sectionNumber":"114","sectionType":"section","heading":"Additional orders on finding of guilt – seizure of animals","content":"114 Additional orders on finding of guilt – seizure of animals\n(1) The court may order that an animal be seized from a person if:\n(a) it finds the person guilty of an offence against this Act; and\n(b) the person is in control of the animal, whether or not the\nanimal is connected with the offence.\n(2) If it makes the order, the court:\n(a) may, on its own initiative, make a return or disposal order for\nthe animal; and\n(b) may make such other orders as it considers appropriate for\nthe payment by the person of the seizure and management\ncosts for the animal.\n","sortOrder":119},{"sectionNumber":"115","sectionType":"section","heading":"Additional orders on finding of guilt – future possession of","content":"115 Additional orders on finding of guilt – future possession of\nanimals\n(1) Subsection (2) applies if a court finds a person guilty of an offence\nagainst this Act.\n\nAnimal Protection Act 2018 72\n(2) The court may, subject to such conditions as the court considers\nappropriate, order that the person must not for the period specified\nin the order:\n(a) own, possess or be in control of an animal; or\n(b) allow an animal onto premises occupied by the person.\n(a) the person is subject to an order under subsection (2); and\n(c) the conduct results in a contravention of the order and the\n(4) Strict liability applies to subsection (3)(a).\n","sortOrder":120},{"sectionNumber":"116","sectionType":"section","heading":"Automatic ban for multiple offences","content":"116 Automatic ban for multiple offences\n(1) This section applies to a person who is found guilty of 3 or more\noffences against Part 3 within a period of 5 years or less.\n(2) Two or more offences joined in one complaint are taken to\nconstitute one offence for the purpose of subsection (1).\n(3) Subject to subsection (4), the person is banned from being a\nperson in control of an animal for a period of 5 years from the date\nof the finding of guilt in relation to the third offence, whether or not\nthe person is found guilty of other offences on the same day\ncharged on other complaints.\n(4) The court that finds the person guilty of an offence that gives rise to\na ban under subsection (3) may, on application by the person, grant\nan exemption to the person in relation to the operation of that\nsubsection.\n(5) The court may, subject to such conditions as the court considers\nappropriate, grant an exemption that applies:\n(a) as a complete exemption; or\n(b) in relation to a specified animal or animals, or a specified class\nor classes of animals.\n\nAnimal Protection Act 2018 73\n(6) A person commits an offence if:\n(a) the person is subject to a ban under subsection (3) or a\nconditional exemption under subsection (5); and\n(c) the conduct results in a contravention of the ban or the\ncondition, as the case may be, and the person is reckless in\n(7) Strict liability applies to subsection (6)(a).\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Time for commencing prosecutions","content":"117 Time for commencing prosecutions\nA prosecution under this Act must be commenced within 2 years\nafter the date on which the offence is alleged to have occurred.\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Authority to prosecute","content":"118 Authority to prosecute\n(1) Proceedings for an offence against this Act must not be\ncommenced without the approval of:\n(a) the CEO; or\n(b) a person authorised by the CEO.\n(2) An approval may be given in relation to:\n(a) a particular case; or\n(b) a particular class of case.\n(3) A document purporting to be the approval of the CEO, or person\nauthorised, is evidence of that approval.\n(4) Subsection (1) does not apply to a prosecution started by the\nAttorney-General or Director of Public Prosecutions.\n","sortOrder":123},{"sectionNumber":"119","sectionType":"section","heading":"Enforcement of orders to pay","content":"119 Enforcement of orders to pay\nAn order under section 101 or 114 for the payment of money is an\nancillary money order for Part 7 of the Fines and Penalties\n(Recovery) Act 2001 and is recoverable under that Part.\n\nAnimal Protection Act 2018 74\n","sortOrder":124},{"sectionNumber":"120","sectionType":"section","heading":"Evidentiary certificate","content":"120 Evidentiary certificate\nIn proceedings for an offence against this Act, a certificate\npurporting to be signed by the CEO and stating any of the following\nmatters is evidence of the matter:\n(a) a specified person was an authorised officer having specified\npowers under this Act at a specified time;\n(b) a specified document was made, or a specified notice was\ngiven, at a specified time;\n(c) a specified person was not registered under this Act at a\nspecified time;\n(d) a specified document was not given to the CEO within a\nspecified period.\n","sortOrder":125},{"sectionNumber":"121","sectionType":"section","heading":"Power to conduct post-mortem examination","content":"121 Power to conduct post-mortem examination\nA veterinarian may conduct a post-mortem examination of a\ndeceased animal and take samples from the body of the animal if\nthe veterinarian considers it to be reasonably necessary or\ndesirable to do so for the purposes of this Act.\n","sortOrder":126},{"sectionNumber":"122","sectionType":"section","heading":"Regulations","content":"122 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may:\n(a) prescribe fees for this Act; or\n(b) provide for the enforcement of a code of practice, including by\nproviding that a contravention of the code is an offence\nagainst a regulation; or\n(c) provide for an offence against a regulation to be an offence of\nstrict or absolute liability; or\n(d) subject to paragraph (e), provide for a fine not exceeding\n200 penalty units for an offence against a regulation; or\n(e) for an offence against a regulation that is an offence of strict or\nabsolute liability, provide for a fine not exceeding 100 penalty\nunits; or\n(f) provide for the application, adoption or incorporation (with or\nwithout changes) of the whole or part of a document as in\nforce or existing at a particular time or from time to time; or\n\nDivision 2 Transitional matters for Animal Protection Act 2018\nAnimal Protection Act 2018 75\n(g) exempt a person or class of person from complying with this\nAct or a specified provision of this Act; or\n(h) provide that this Act or a specified provision of this Act does\nnot apply to or in relation to an animal or class of animal.\nDivision 1 Acts repealed\n123 Acts repealed\nThe Acts specified in Schedule 2 are repealed.\nDivision 2 Transitional matters for Animal Protection\nAct 2018\n124 Definitions\nIn this Division:\nAuthority means the Authority under the repealed Act (as\nconstituted immediately before the commencement).\ncommencement means the commencement of section 123.\nrepealed Act means the Animal Welfare Act 1999 as in force\nimmediately before the commencement.\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Acts of Authority","content":"125 Acts of Authority\n(1) A power exercised or action taken by the Authority under the\nrepealed Act before the commencement is taken, after the\ncommencement, to have been exercised or taken by the CEO.\n(2) The CEO may, for any process or proceeding commenced under\nthe repealed Act and carried out or continuing after the\ncommencement:\n(a) exercise any power or take any action that the Authority would\nhave been able to take; and\n(b) adopt any findings, decisions or determinations of the\nAuthority; and\n(c) set aside any findings, decisions or determinations of the\nAuthority\n\n","sortOrder":128},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional matters for Animal Protection and Related Legislation","content":"Division 3 Transitional matters for Animal Protection and Related Legislation\nAmendment Act 2025\nAnimal Protection Act 2018 76\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"126 Offence provisions – before and after commencement\n(1) The offence provisions of the repealed Act continue to apply in\nrelation to offences committed before the commencement.\n(2) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\noffence provision means the provisions that create or relate to\noffences (including in relation to criminal responsibility, defences\nand penalties).\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Permits","content":"127 Permits\n(1) A permit in force under Part 5, Division 3 of the repealed Act\nimmediately before the commencement is taken to be a program\napproval granted by an accredited animal ethics committee under\nPart 4, Division 3 of this Act.\n(2) Subject to Part 4, Division 3 of this Act, the program approval\nremains in operation for the balance of the period for which the\npermit was granted under the repealed Act.\n","sortOrder":131},{"sectionNumber":"128","sectionType":"section","heading":"Officers","content":"128 Officers\nPersons holding office as animal welfare inspectors or animal\nwelfare officers under the repealed Act immediately before\ncommencement are taken to be authorised officers appointed under\nthis Act.\nDivision 3 Transitional matters for Animal Protection and\nRelated Legislation Amendment Act 2025\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"130 Offence provisions – before and after commencement\n(1) Sections 23, 24 and 34 as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nDivision 3 Transitional matters for Animal Protection and Related Legislation\nAmendment Act 2025\nAnimal Protection Act 2018 77\namending Act means the Animal Protection and Related\nLegislation Amendment Act 2025.\ncommencement means the commencement of Part 2, Division 1 of\nthe amending Act.\n\nAnimal Protection Act 2018 78\nsection 76\nReviewable decision Affected person\napplication for registration under\nsection 43\nA decision of the CEO on the\nconditions to be imposed in relation to\na registration under section 44\napplication for the renewal of a\nregistration under section 45\napplication for the variation of a\nregistration or condition of a\nregistration under section 46\nA decision of the CEO to vary,\nsuspend or cancel a registration under\nsection 47\napplication for accreditation under\nsection 52\nA decision of the CEO on the\nconditions to be imposed in relation to\nan accreditation under section 53\napplication for the renewal of an\naccreditation under section 54\napplication for the variation of an\naccreditation or condition of an\naccreditation under section 55\nA decision of the CEO to vary,\nsuspend or cancel an accreditation\nunder section 56\nThe person holding the\naccreditation\n\nAnimal Protection Act 2018 79\nReviewable decision Affected person\nA decision of an authorised officer to\nissue an improvement notice under\nsection 75, including any requirements\ncontained in an improvement notice\nThe registered person and, if the\ncase requires, another person to\nwhom the notice was issued\n\nAnimal Protection Act 2018 80\nsection 123\nAnimal Welfare Act 1999 Act No. 44 of 1999\nAnimal Welfare Amendment Act 2004 Act No. 24 of 2004\nAnimal Welfare Amendment Act 2012 Act No. 31 of 2012\n\nAnimal Protection Act 2018 81\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nAnimal Protection Act 2018 (Act No. 25, 2018)\nAssent date 22 November 2018\nCommenced 1 November 2022 (Gaz S55, 1 November 2022)\nAnimal Protection Amendment Act 2022 (Act No. 19, 2022)\nAssent date 12 September 2022\nCommenced 13 September 2022 (s 2)\nAnimal Protection and Related Legislation Amendment Act 2025 (Act No. 22, 2025)\nAssent date 12 September 2025\nCommenced 3 November 2025 (Gaz G22, 30 October 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 12, 27A, 34, 42 and 53.\n4 LIST OF AMENDMENTS\ns 4 amd No. 22, 2025, s 4\ns 5 amd No. 19, 2022, s 4; No. 22, 2025, s 5\ns 23 amd No. 22, 2025, s 6\nss 23A – 23E ins No. 22, 2025, s 7\ns 24 amd No. 19, 2002, s 5; No. 22, 2025, s 8\ns 26 amd No. 22, 2025, s 9\ns 31 amd No. 22, 2025, s 10\ns 31A ins No. 22, 2025, s 11\ns 32 amd No. 22, 2025, s 12\ns 34 sub No. 22, 2025, s 13\ns 36 amd No. 22, 2025, s 14\n\nAnimal Protection Act 2018 82\ns 81 amd No. 22, 2025, s 15\ns 83 amd No. 22, 2025, s 16\ns 88 amd No. 22, 2025, s 17\ns 129 rep No. 25, 2018 s 129(5)\npt 7\ndiv 3 hdg ins No. 22, 2025, s 18\ns 130 exp No. 25, 2018, s 131\nins No. 22, 2025, s 18\npt 8 hdg exp No. 25, 2018, s 131\ns 131 exp No. 25, 2018, s 131\nsch 3 exp No. 25, 2018, s 131","sortOrder":133}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3825},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original dual purposes of preventing animal cruelty and regulating the use of animals in scientific research. While amendments have added specific offences (such as bans on prong collars and detailed requirements for water, shelter and hygiene) and refined enforcement powers, these represent granular elaboration within the existing framework rather than expansion into new regulatory domains."},"complexity_factors":["Over 50 defined terms across the Act, including separate definitions for Part 4 (scientific use) in section 36","Three-tiered regulatory scheme for scientific use involving registration of persons, accreditation of ethics committees, and project-specific approvals","Extensive cross-referencing to the Criminal Code for principles of criminal responsibility, strict liability (where intention need not be proven), evidential burdens, and alternative verdicts","Nested exceptions and defences, including specific veterinary exemptions (section 24(8)), Aboriginal customary law defences (section 110), and general welfare defences (section 111)","Conditional enforcement powers requiring assessment of 'reasonable grounds', 'urgency', and different procedures for entry (consent, warrant, or immediate entry for surrounding areas/businesses)","Multiple offence tiers with varying mental states: intentional, reckless, strict liability (no need to prove fault), and absolute liability","Complex transitional provisions covering the 1999 Act repeal and amendments from 2022 and 2025"],"plain_english_summary":"This is the Northern Territory’s main law for protecting animals. It sets out what people must do when they own or look after animals, and what happens if they mistreat them.\n\n**Who it covers**\nThe Act applies to anyone who owns, controls, or cares for an animal. This includes pet owners, farmers, breeders, and scientists who use animals for research. An **animal** is defined as most live vertebrates (mammals, birds, reptiles, amphibians) plus captive fish and crustaceans sold for food.\n\n**What you must do**\nIf you are in charge of an animal, you must provide a **minimum level of care**. This means giving the animal:\n* Enough suitable food and water\n* Proper shelter and living conditions\n* Veterinary treatment if it is sick or injured\n* Enough space to move around (you cannot keep it in a cage where it cannot stand up or turn around)\n* A clean, hygienic environment (free from excessive faeces or vermin)\n\nYou cannot:\n* Beat, torture, or abuse animals (**cruelty**)\n* Use animals for fighting or organised animal fights\n* Use **prong collars** on dogs (collars with spikes that pinch the skin when tightened)\n* Set metal-jawed traps or use electrical shock devices on animals\n* Transport dogs unsecured on the back of utes or trailers on public roads\n* Poison animals (unless you are a vet or authorised)\n* Abandon an animal\n\n**Scientific research**\nAny organisation or person wanting to use animals for scientific research (including teaching, testing, or experiments) must:\n* Register with the Chief Executive Officer (CEO — the government official responsible for animal welfare)\n* Have their projects approved by an accredited animal ethics committee\n* Follow the national \"Australian code for the care and use of animals for scientific purposes\"\n\n**Enforcement powers**\nGovernment officers (**authorised officers**) can:\n* Enter properties to check on animals (with consent, a warrant, or in urgent cases like suspected suffering)\n* Seize animals that are suffering or being used illegally\n* Destroy animals that are severely injured or diseased if keeping them alive would be cruel\n* Issue **animal welfare directions** (written orders requiring you to fix a problem, such as getting vet care or cleaning an enclosure)\n\n**Penalties**\nPenalties range from fines to prison sentences (up to 5 years for the worst cruelty, called **aggravated cruelty**). If someone is found guilty of three animal welfare offences within five years, they are automatically banned from owning animals for five years. Courts can also ban people from owning animals in other cases and can order that animals be seized or sold.\n\n**Special rules and exceptions**\n* **Aboriginal cultural practices**: It is a defence if an Aboriginal person acts according to traditional law or custom (except for torturing animals).\n* **Veterinarians**: Vets have exemptions to perform procedures or destroy animals humanely when necessary.\n* **Codes of practice**: Regulations can create detailed rules for specific industries (like farming or pet shops). Following an approved code is a defence against some charges.\n* **Crown**: The Act binds the Crown, meaning government agencies must also follow it."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. Since enactment the Act has been expanded by later amendments (notably 2022 and 2025) that materially broadened prescriptive obligations and enforcement tools beyond the Act’s original high‑level objectives. Concrete scope expansions include: addition of numerous specific strict‑liability ‘minimum care’ offences (ss 23A–23E) that create prescriptive duties (water, shelter, hygiene, treatment, confinement, abandonment); new device prohibitions (prong collars, electrical devices, metal jawed traps) and specific activity bans (prohibited activities, greyhound blooding-related offences) (ss 27–31A, 32–34); broadened inspection/entry and monitoring program powers and related procedural changes (ss 78, 83–88); and reinforcement of the regulatory regime for scientific use (inclusion of cephalopods in the definition of ‘animal’ for Part 4, expanded registration/accreditation/project approval requirements in Part 4). These changes increase the Act’s prescriptiveness and enforcement reach, expanding compliance obligations for individuals, businesses and research institutions compared with the Act’s earlier, more principle‑based framing."},"complexity_factors":["Extensive interpretation/definitions section with a large number of defined terms and cross‑references (s 4–5, s 36)","Multiple Parts addressing different regulatory domains (administration, care/protection, scientific use, monitoring/enforcement, miscellaneous, transitional)","Many offence categories with varying mental elements and liability standards (intentional, reckless, strict liability, absolute liability) across Part 3 and Part 4 (e.g. ss 23, 23A–23E, 24, 27–31A, 69–70)","Heavy use of delegated instruments and external standards (codes of practice, scientific use code, CEO guidelines, regulations) creating dependencies on secondary materials (ss 8, 20, 39, 122)","Substantial administrative discretion granted to the CEO and authorised officers (registration, accreditation, monitoring programs, improvement notices, entry, seizure) with procedural steps and review rights (ss 11–12, 43–47, 50–56, 75, 78, 83–91, 76)","Complex enforcement architecture (search warrants, consent entry, urgent entry exceptions, powers on Aboriginal land, seizure/retention rules, seizure-and-management cost recovery) (ss 83–101)","Corporate liability provisions and special evidential burdens for executive officers (ss 107–108)","Nested exceptions and defences (Aboriginal law, veterinary therapeutic exception, permitted cultural practices, regulatory exemptions) appearing across several provisions (ss 24(8), 110, 32(6), numerous notes)","Transitional and amendment history that changes operation and scope (repeals and transitional provisions; multiple amending Acts referenced in endnotes and Part 7)","Multiple procedural and reporting obligations for registered persons and committees (annual reports, mandatory reporting of contraventions, registers) with criminal penalties for non‑compliance (ss 71–74, 74)"],"plain_english_summary":"This law creates criminal offences and civil powers to enforce a statutory minimum standard of animal care and to tightly regulate use of animals in science. It requires owners, businesses and research institutions to meet care standards, register, obtain ethics-approved project approvals and report, while giving the CEO and authorised officers broad inspection, seizure, emergency and enforcement powers. It matters because it raises compliance and administrative costs, enables prosecutions and cost recovery, and shifts practical oversight to regulators and ethics committees."},"issue_detection":{"absurdities":[{"type":"other","section":"127(1)–(2)","severity":"medium","reasoning":"Section 127(1) refers to a “program approval granted by an accredited animal ethics committee under Part 4, Division 3”, and section 127(2) subjects it to that Division. Supplied Division 3 (sections 50–58) deals with the CEO’s accreditation of committees. Section 36 instead defines a “project approval” by reference to section 61, which is in Division 4 and permits a committee to approve a project. Neither the named approval nor the stated Division matches the supplied project-approval provisions.","confidence":0.97,"description":"The transitional provision deems a former permit to be a “program approval” under a Division that provides for accreditation, not approvals of projects.","source_quotes":["A permit in force under Part 5, Division 3 of the repealed Act\nimmediately before the commencement is taken to be a program\napproval granted by an accredited animal ethics committee under\nPart 4, Division 3 of this Act.","project approval, means an approval under section 61 of a project\nto use an animal for scientific purposes.","(c) there is no project approval in force for the use."]}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/animal-protection-act-2018","history":"/api/acts/animal-protection-act-2018/history","analysis":"/api/acts/animal-protection-act-2018/analysis","conflicts":"/api/acts/animal-protection-act-2018/conflicts","importantCases":"/api/acts/animal-protection-act-2018/important-cases","documents":"/api/acts/animal-protection-act-2018/documents"}}