{"id":"a-1992-45","name":"Animal Welfare Act 1992","slug":"animal-welfare-act-1992","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"45 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23054,"registerId":"act-a-1992-45-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Animal Welfare Act 1992.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘native animal—see the Nature\nConservation Act 2014, section 12.’ means that the term ‘native animal’\nis defined in that section and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Objects of Act","content":"4A Objects of Act\n(1) The main objects of this Act are to recognise that—\n(a) animals are sentient beings that are able to subjectively feel and\nperceive the world around them; and\n(b) animals have intrinsic value and deserve to be treated with\ncompassion and have a quality of life that reflects their intrinsic\nvalue; and\n(c) people have a duty to care for the physical and mental welfare\nof animals.\n(2) This is to be achieved particularly by—\n(a) promoting and protecting the welfare of animals; and\n(b) providing for the proper and humane care, management and\ntreatment of animals; and\n(c) deterring and preventing animal cruelty and the abuse and\nneglect of animals; and\n(d) enforcing laws about the matters mentioned in paragraphs (a),\n(b) and (c).\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Animal Welfare Authority","content":"5 Animal Welfare Authority\nThe director-general must appoint a public servant as the Animal\nWelfare Authority.\nnominating the occupant of a position (see Legislation Act, s 207).\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Delegation by authority","content":"6 Delegation by authority\n(1) The authority may delegate to a public servant or another person a\nfunction given to the authority under this Act.\nNote For the making of delegations and the exercise of a delegated function,\nsee the Legislation Act, pt 19.4.\n(2) However, the authority must not delegate a function to a person who\nis not a public servant without first being satisfied that the function\nneeds to be exercised by a person who is not a public servant.\n\n","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Definitions—pt 2","content":"6A Definitions—pt 2\nconfine, an animal, means—\n(a) enclose the animal in a pen, vehicle, cage, box or other container\nor small space; or\n(b) otherwise limit or restrict the animal’s freedom of movement,\nincluding by—\n(i) tying up the animal; or\n(ii) using a device on the animal; or\n(iii) impairing the animal.\nExamples—device\nhood, bridle, tether\nExample—impairing animal\nclipping the feathers of a bird’s wing\ncruelty, in relation to an animal, includes the following:\n(a) doing, or not doing, something to an animal that causes, or is\nlikely to cause, injury, pain, stress or death to the animal that is\nunjustifiable, unnecessary or unreasonable in the circumstances;\n(b) abusing, terrifying or tormenting the animal.\npoison includes glass or anything else that, if ingested by an animal,\nis likely to kill or injure the animal.\n\n","sortOrder":7},{"sectionNumber":"6B","sectionType":"section","heading":"Failure to provide appropriate care","content":"6B Failure to provide appropriate care\n(1) A person in charge of an animal commits an offence if the person fails\nto give the animal—\n(a) appropriate food; or\n(b) appropriate water; or\n(c) appropriate treatment for illness, disease or injury; or\n(d) appropriate shelter or accommodation; or\n(e) a clean and hygienic living environment; or\n(f) appropriate grooming and maintenance; or\n(g) appropriate exercise; or\n(h) appropriate opportunities to display behaviour that is normal for\nthe animal; or\n(i) care that is appropriate for the animal’s wellbeing.\n(2) Subsection (1) does not apply if the person has a reasonable excuse.\nNote 1 The defendant has an evidential burden in relation to the matter\nmentioned in s (2) (see Criminal Code, s 58).\nNote 2 If an inspector or authorised officer reasonably believes s (1) applies, the\ninspector or authorised officer may give a written direction to the person\nto give appropriate care to the animal (see s 85).\nappropriate, in relation to an animal, means suitable for the needs of\nthe animal having regard to the species, environment and\ncircumstances of the animal.\n\ntreatment includes veterinary treatment, including preventative\ntreatment, if a reasonable person would expect veterinary treatment\nto be sought in the circumstances.\n","sortOrder":8},{"sectionNumber":"6C","sectionType":"section","heading":"Failure to provide animal with water or shelter","content":"6C Failure to provide animal with water or shelter\n(a) the person keeps the animal on premises; and\n(b) at any time when the animal is on the premises, the animal does\nnot have access to water or shelter.\n","sortOrder":9},{"sectionNumber":"6D","sectionType":"section","heading":"Failure to provide animal with hygienic environment","content":"6D Failure to provide animal with hygienic environment\n(a) the person keeps the animal on premises; and\n(b) the place where the animal is kept is unhygienic for the animal.\n1 faeces not removed\n2 vermin infestation\n\n","sortOrder":10},{"sectionNumber":"6E","sectionType":"section","heading":"Failure to properly groom and maintain animal","content":"6E Failure to properly groom and maintain animal\n(a) the person fails to groom or maintain the animal; and\n(b) the failure causes, or is likely to cause, injury, pain, stress or\ndeath to the animal.\n1 eye infection caused by hair growing over eyes\n2 impairment caused by unclipped nails\n3 skin irritation caused by flea infestation\n","sortOrder":11},{"sectionNumber":"6F","sectionType":"section","heading":"Failure to exercise dog","content":"6F Failure to exercise dog\n(1) A person in charge of a dog commits an offence if—\n(a) the dog is confined so that it cannot exercise for a continuous\nperiod of 24 hours; and\n(b) the dog is not exercised, or allowed to exercise itself, for—\n(i) the next 2 hours; or\n(ii) the next 1 hour and for another hour in the next 24 hour\nperiod.\n(2) In deciding if a dog is confined so that it cannot exercise, regard must\nbe had to the dog’s age, physical condition and size.\n(3) Subsection (1) does not apply if—\n(a) the dog is kept in a yard or residence in a way that it can move\nfreely; or\n\n(b) the dog needs to be confined for the dog’s welfare.\na dog needs to be confined, on veterinary advice, after a surgical procedure\n","sortOrder":12},{"sectionNumber":"6G","sectionType":"section","heading":"Abandoning an animal","content":"6G Abandoning an animal\n(1) A person in charge of an animal commits an offence if the person—\n(a) abandons the animal; and\n(b) either—\n(i) knows no other person is able to care for, and consents to\ncaring for, the animal; or\n(ii) is reckless about whether another person is able to care for,\nand consents to caring for, the animal.\n(2) A person in charge of an animal commits an offence if the person\nabandons the animal.\n","sortOrder":13},{"sectionNumber":"7","sectionType":"section","heading":"Cruelty","content":"7 Cruelty\nA person commits an offence if the person commits an act of cruelty\non an animal.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\n\n","sortOrder":14},{"sectionNumber":"7A","sectionType":"section","heading":"Aggravated cruelty","content":"7A Aggravated cruelty\n(a) the person commits an act of cruelty on an animal; and\n(b) the act causes the death of the animal; and\n(c) the person intends to cause, or is reckless about causing, the\ndeath of, or serious injury to, the animal.\n(a) the person commits an act of cruelty on an animal; and\n(b) the act causes serious injury to the animal; and\n(c) the person intends to cause, or is reckless about causing, the\ndeath of, or serious injury to, the animal.\ncauses death or serious injury—a person’s act causes death or serious\ninjury if it substantially contributes to the death or injury.\nserious injury, to an animal, means any injury (including the\ncumulative effect of more than 1 injury) that—\n(a) endangers, or is likely to endanger, the animal’s life; or\n(b) is, or is likely to be, significant and longstanding.\n\n","sortOrder":15},{"sectionNumber":"7B","sectionType":"section","heading":"Alternative verdicts—cruelty","content":"7B Alternative verdicts—cruelty\n(1) This section applies if, in a prosecution for an offence against\nsection 7A (Aggravated cruelty), the trier of fact is not satisfied that\nthe defendant committed the offence, but is satisfied beyond\nreasonable doubt that the defendant committed an offence against\nsection 7 (Cruelty).\n(2) The trier of fact may find the defendant guilty of the offence against\nsection 7, but only if the defendant has been given procedural fairness\nin relation to that finding of guilt.\n","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Hitting or kicking animal","content":"8 Hitting or kicking animal\n(a) the person—\n(i) hits an animal; or\n(ii) kicks an animal; or\n(iii) throws, or otherwise projects, something at an animal and\nhits the animal; and\n(b) the action causes, or is likely to cause, the animal injury, pain,\nstress or death.\n(3) This section does not apply to—\n(a) a jockey using a whip on a horse in accordance with a rule of\nracing; or\n(b) a rider of a horse reasonably using a whip, or the rider’s foot, on\nthe horse as part of an equestrian activity; or\n\n(c) an animal handling practice approved by the Minister.\n(4) An approval is a disallowable instrument.\nrule of racing means a rule made under the Racing Act 1999,\nsection 19 or section 25.\n","sortOrder":17},{"sectionNumber":"9","sectionType":"section","heading":"Unlawful confinement of animal","content":"9 Unlawful confinement of animal\n(a) the person confines an animal; and\n(b) the confinement causes, or is likely to cause, the animal injury,\npain or death.\n(2) A person in charge of an animal commits an offence if—\n(a) the person confines 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.\nExample\nan animal in a crate that cannot stand or turn around\n\n(3) Subsection (2) does not apply if the person has a reasonable excuse.\n1 an animal needs to be confined, on veterinary advice, after a surgical procedure\n2 confining an injured animal before taking it to a vet\n3 humanely clipping a chicken’s wing to stop it flying out of its enclosure\n4 tethering a goat while feeding\nNote The defendant has an evidential burden in relation to the matter\n(4) A person in charge of an animal commits an offence if—\n(a) the person confines the animal in or on a vehicle; and\n(b) the confinement causes, or is likely to cause, the animal injury,\npain, stress or death.\nExample\nlocking an animal in a hot car\n(5) An offence against subsection (2) or (4) is a strict liability offence.\n","sortOrder":18},{"sectionNumber":"9A","sectionType":"section","heading":"Keeping laying fowls for commercial egg production—","content":"9A Keeping laying fowls for commercial egg production—\nappropriate accommodation\n(a) the person keeps laying fowls for commercial egg production;\nand\n(b) the fowls are not kept in appropriate accommodation.\n\nappropriate accommodation, for laying fowls kept by a person,\nmeans accommodation that is in accordance with, or an improvement\non, the conditions stated in the Eggs (Labelling and Sale)\nRegulation 2019 in relation to—\n(a) aviary eggs; or\n(b) barn eggs; or\n(c) free-range eggs.\nNote Aviary eggs, barn eggs and free-range eggs are defined in the Eggs\n(Labelling and Sale) Act 2001 as eggs laid by hens kept in conditions\nstated in the Eggs (Labelling and Sale) Regulation 2019.\ncommercial egg production does not include egg production by a\nperson the main purpose of which is the production of eggs for the\nperson’s own consumption.\nlaying fowl means a female domesticated chicken (Gallus gallus) that\nis 16 weeks old or older.\n","sortOrder":19},{"sectionNumber":"9B","sectionType":"section","heading":"Keeping pigs—appropriate accommodation","content":"9B Keeping pigs—appropriate accommodation\n(a) the person keeps a pig; and\n(b) the pig is not kept in appropriate accommodation.\nappropriate accommodation, for a pig kept by a person, means\naccommodation—\n(a) that allows the pig to—\n(i) turn around, stand up and lie down without difficulty; and\n\n(ii) have a clean, comfortable and adequately drained place in\nwhich it can lie down; and\n(iii) maintain a comfortable temperature; and\n(iv) have outdoor access; and\n(b) if the accommodation is for more than 1 pig—that allows each\npig in the accommodation to lie down at the same time; and\n(c) if the person keeps more than 1 pig—that allows the pig to see\nanother pig except if—\n(i) the pig is isolated on the advice of a veterinary practitioner;\nor\n(ii) it is a week before, or during, farrowing for the pig.\n","sortOrder":20},{"sectionNumber":"9C","sectionType":"section","heading":"Removing or trimming beak of fowl","content":"9C Removing or trimming beak of fowl\n(1) A person commits an offence if the person removes or trims the beak\nof a fowl.\n(2) This section does not apply to a veterinary practitioner who removes\nor trims the beak for a therapeutic purpose.\n(3) An offence against this section is a strict liability offence.\nfowl means a female domesticated chicken (Gallus gallus).\n\n","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Assisting injured animal","content":"10 Assisting injured animal\n(a) injures an animal; and\n(b) does not take reasonable steps to assist with the animal’s injury.\n1 contacting a relevant person\n2 seeking veterinary treatment\n(a) the person injures a mammal; and\n(b) the person knows, or ought to know because of the\ncircumstances, the animal is injured; and\n(c) the person is not a person in charge of the animal; and\n(d) the person fails to tell a relevant person, within 2 hours after the\ninjury—\n(i) that the animal is injured; and\n(ii) the location where the animal was injured.\nExample—circumstances\nif a car hits a mammal—the size of the animal, witness accounts that the driver\nswerved or braked to avoid the animal or stopped after hitting the animal\n\nAccess Canberra means the business unit known as Access Canberra.\nNote If the name of Access Canberra changes, the reference to Access\nCanberra is taken to be a reference to its new name (see Legislation\nAct, s 183).\nrelevant person means—\n(a) if a domestic animal was injured—a person in charge of the\nanimal; or\n(b) the authority; or\n(c) an inspector; or\n(d) Access Canberra.\n","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Unlawful release of animal","content":"11 Unlawful release of animal\n(a) releases an animal from another person’s custody or control; and\n(b) does not have the other person’s consent to release the animal;\nand\n(c) is reckless about whether the animal will be injured or killed.\n\n(a) releases an animal from another person’s custody or control; and\n(b) does not have the other person’s consent to release the animal.\nExamples—par (a)\n1 leaves the gate for a yard of cattle open\n2 lets an animal out of a car\n3 takes a dog off its lead\n(3) A person in charge of an animal commits an offence if the person—\n(a) keeps the animal on premises; and\n(b) fails to stop the animal escaping the premises.\nan animal is kept in a garden with an open gate\n(4) An offence against subsection (2) or (3) is a strict liability offence.\n(5) This section does not apply if the person has a reasonable excuse.\nNote A person acting honestly and without recklessness may release an animal\nlocked in a motor vehicle in certain circumstances (see s 109A).\n(6) This section does not apply to a domestic cat if—\n(a) the cat is not required to be contained under territory law; and\n(b) the release of the cat is consistent with the reasonable\nmanagement and control of the cat.\nmentioned in s (4) and (5) (see Criminal Code, s 58).\n\n","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Administering poison","content":"12 Administering poison\n(1) A person commits an offence if the person administers poison to a\ndomestic or native animal.\n(2) This section does not apply if—\n(a) the person has a reasonable excuse; or\n(b) the administration of the poison to the animal is permitted under\na territory law.\n","sortOrder":24},{"sectionNumber":"12A","sectionType":"section","heading":"Laying poison","content":"12A Laying poison\n(1) A person commits an offence if the person lays a poison with the\nintention of killing or injuring a domestic or native animal.\n(a) the person lays a poison; and\n(b) the person is reckless about causing the death of, or injury to, a\ndomestic or native animal; and\n(c) the poison causes the death of, or injury to, a domestic or native\nanimal.\n(a) the person lays a poison in a way in which the poison is not\nintended to be used; and\n\n(b) the poison could kill or injure a domestic or native animal.\n","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Electrical devices","content":"13 Electrical devices\n(a) the person administers an electric shock to an animal; and\n(b) the person administers the shock using an electrical device that\nis not prescribed by regulation for use on that kind of animal.\n(a) the person places a device on, or attaches a device to, an animal;\nand\n(b) the device is able to administer an electric shock to the animal.\nable—a device is able to administer an electric shock even if\nsomething needs to happen or be done to administer the shock.\n1 a collar that is able to administer an electric shock by remote control or if the\ncollar nears a boundary fence\n2 a collar that has a variable setting that can be turned off and on\n\n","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Use or possession of prohibited item","content":"14 Use or possession of prohibited item\n(1) A person commits an offence if the person uses an item prescribed by\nregulation (a prohibited item) on, or in relation to, an animal.\n(2) A person commits an offence if the person possesses a prohibited\nitem.\n(4) Subsection (2) does not apply to a person if the person possesses a\nprohibited item—\n(a) only for display; or\n(b) as part of a collection that is not intended for use on, or in\nrelation to, an animal.\n","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Transport of animals—generally","content":"15 Transport of animals—generally\n(1) A person commits an offence if the person transports an animal in a\nway that causes, or is likely to cause, the death of or unnecessary\ninjury, pain or stress to the animal.\ntransport, an animal, includes—\n(a) carry the animal in a moving vehicle by itself or with other\n(b) confine the animal for the purpose of carrying the animal in a\nvehicle.\n\n","sortOrder":28},{"sectionNumber":"15A","sectionType":"section","heading":"Transport of dogs","content":"15A Transport of dogs\n(a) the person carries a dog in or on a moving vehicle on a road or\nroad related area; and\n(b) the dog is not restrained in a way that—\n(i) prevents the dog from moving around, out of or off the\nvehicle; and\n(ii) protects the dog from injury when in or on the vehicle.\nNote 1 It is an offence to confine a dog in or on a vehicle if the confinement\ncauses, or is likely to cause the dog injury, pain, stress or death (see\ns 9 (4)).\nNote 2 The Road Transport (Public Passenger Services) Regulation 2002\ncontains offences about confining animals (other than assistance animals)\ntravelling in light rail vehicles (see that regulation, s 70AAD) and\nbookable vehicles (see that regulation, s 221W and s 227).\n(2) This section does not apply—\n(a) if the dog—\n(i) is an assistance animal, or is being trained or assessed as,\nan assistance animal; and\n(ii) is in the vehicle; or\n(b) if the dog is being used to work livestock; or\n(c) to a circumstance prescribed by regulation.\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\n\nassistance animal—see the Discrimination Act 1991,\nsection 5AA (3).\npublic passenger vehicle—see the Road Transport (Public\nPassenger Services) Act 2001, dictionary.\nrestrain, a dog in relation to a vehicle, means—\n(a) using a harness or similar device to secure the dog to the vehicle;\nor\n(b) putting the dog in an enclosure in or on the vehicle.\nroad—see the Road Transport (Safety and Traffic Management)\nAct 1999, dictionary.\nroad-related area—see the Road Transport (Safety and Traffic\nManagement) Act 1999, dictionary.\nvehicle does not include a public passenger vehicle.\n","sortOrder":29},{"sectionNumber":"15B","sectionType":"section","heading":"Intensive breeding of cats or dogs","content":"15B Intensive breeding of cats or dogs\n(1) For this section, the Minister may determine a standard for the\nbreeding of cats or dogs (a breeding standard).\n(2) A determination is a disallowable instrument.\n(3) A breeding standard may provide for any matter that the Minister\nreasonably considers is appropriate to protect the welfare, safety or\nhealth of fertile cats and dogs in relation to breeding.\n1 the minimum age for a dog before first mating\n2 the age at which, or number of litters after which, a dog must be retired from\nbreeding\n3 the maximum number of litters a cat may have in a 12-month period, or in her\nlifetime\n\n(4) A person in charge of a female cat or dog commits an offence if the\nperson allows the cat or dog to breed in a way that contravenes a\nbreeding standard.\n(5) Subsection (4) does not apply if the person allows the cat or dog to\nbreed in accordance with the written approval of a veterinary surgeon.\nNote The defendant has an evidential burden in relation to the matter\nmentioned in s (5) (see Criminal Code, s 58).\n(6) An offence against subsection (4) is a strict liability offence.\n","sortOrder":30},{"sectionNumber":"16","sectionType":"section","heading":"Using unfit animal","content":"16 Using unfit animal\n(a) the person uses an animal; and\n(b) the animal is unfit for the use; and\n(c) the person—\n(i) knows the animal is unfit for the use; or\n(ii) is negligent about whether the animal is fit for the use.\n(2) A person in charge of an animal commits an offence if—\n(a) the person authorises the use of the animal; and\n(b) the person—\n(i) knows the animal is unfit for the use; or\n(ii) is negligent about whether the animal is fit for the use.\n\n(a) the person uses an animal; and\n(b) the animal is unfit for the use.\n1 the animal has recently given birth\n2 the animal is sick or injured\n3 the animal is used in a children’s petting zoo and is distressed by the contact\ndisplay, an animal—\n(a) means to put an animal in a prominent place for the purposes of\nmaking the animal visible to people; and\n(b) includes displaying an animal—\n(i) for sale; or\n(ii) in an exhibition.\nshow, an animal, means to enter the animal in a show, sport, contest\nor competition.\nuse, an animal, includes display, drive, ride, show or work the animal.\n","sortOrder":31},{"sectionNumber":"17","sectionType":"section","heading":"Violent animal activities","content":"17 Violent animal activities\n(1) A person commits an offence if the person takes part in a violent\nanimal activity.\n(a) is at a place when a violent animal activity is happening; and\n\n(b) knows, or ought to know, that the activity is happening.\n(3) A person commits an offence if the person—\n(a) is at a place where a violent animal activity happens within\n2 hours before the activity happens; and\n(b) knows, or ought to know, that the activity is happening at the\nplace.\n(4) Subsections (2) and (3) do not apply if the person has a reasonable\nexcuse.\n(5) This section does not apply to—\n(a) the rehabilitation of native animals for release into the wild in a\nway authorised under a territory law; or\n(b) the keeping and display of animals whose normal diet includes\nlive food; or\n(c) the mustering and working of stock; or\n(d) the hunting or control of animals in a way authorised under a\nCommonwealth or territory law; or\n(e) the catching of fish in a way authorised under a Commonwealth\nor territory law; or\n(f) the use of a trained animal to train or exercise another animal of\nthe same species in accordance with accepted animal husbandry\npractice in relation to the animal.\nmentioned in s (4) and s (5) (see Criminal Code, s 58).\n\nlive baiting means using an animal, whether alive or dead, to train\nanother animal to chase real or simulated animals when racing or\nhunting.\nstock—see the Stock Act 2005, dictionary.\ntakes part in—a person takes part in an activity if the person does\n1 or more of the following:\n(a) organises or conducts the activity;\n(b) promotes the activity;\n(c) allows the activity to happen on premises, or in a place, owned\nor occupied by the person;\n(d) provides an animal or thing to be used in relation to the activity;\n(e) undertakes any other activity relating to the activity.\nuse, an animal, includes capture, contain or release the animal.\nviolent animal activity means—\n(a) the use of an animal to fight, injure or kill another animal; or\n(b) live baiting.\n","sortOrder":32},{"sectionNumber":"18","sectionType":"section","heading":"Rodeos and game parks","content":"18 Rodeos and game parks\n(1) A person commits an offence if the person conducts or takes part in a\nrodeo.\n(2) A person commits an offence if the person promotes or conducts a\ngame park.\n\ngame park means premises where—\n(a) animals other than fish are confined; and\n(b) the taking and killing of those animals as a sport or recreation is\npermitted on payment of a fee or other consideration.\nrodeo means a public exhibition, including a competition, of activities\nderived from work on a cattle station including riding horses or steers\nbareback and roping calves.\ntake, in relation to an animal, includes hunt, shoot, poison, net, snare,\nspear, pursue, capture and injure the animal.\n","sortOrder":33},{"sectionNumber":"18A","sectionType":"section","heading":"Greyhound racing","content":"18A Greyhound racing\n(a) conducts, or facilitates the conduct of, a greyhound race in the\nACT; or\n(b) allows a greyhound kept by the person to take part in a\ngreyhound race conducted in the ACT.\nNote The owning and keeping of racing greyhounds is regulated under the\nDomestic Animals Act 2000, div 2.4A.\ngreyhound race means 1 or more greyhounds racing in competitive\npursuit, and includes—\n(a) a greyhound trial or training race; and\n(b) racing in a test of speed of 1 or more racing greyhounds.\n\n","sortOrder":34},{"sectionNumber":"19","sectionType":"section","heading":"Medical and surgical procedures—people other than","content":"19 Medical and surgical procedures—people other than\n(1) A person who is not a veterinary practitioner commits an offence if\nthe person carries out a medical or surgical procedure on an animal.\n(a) a medical procedure of a prophylactic nature carried out on the\nanimal in accordance with directions given by a veterinary\n(b) a medical or surgical procedure carried out in accordance with\naccepted animal husbandry practice in relation to—\n(i) farming and grazing activities; or\n(ii) the management of a zoo; or\n(iii) the management of native animals; or\n(c) a medical or surgical procedure carried out in accordance with a\nlicence or authorisation, subject to any written direction of an\nanimal ethics committee; or\n(d) the removal of a dog’s dewclaws not later than 4 days after the\nday the dog was born.\naccepted animal husbandry practice does not include a practice\nprescribed by regulation for this section.\n\n","sortOrder":35},{"sectionNumber":"19A","sectionType":"section","heading":"Medical and surgical procedures—veterinary","content":"19A Medical and surgical procedures—veterinary\npractitioners\n(1) A veterinary practitioner must not do any of the following for a\npurpose other than a therapeutic purpose:\n(a) dock a dog’s tail;\n(b) crop a dog’s ear;\n(c) remove a dog’s ear;\n(d) perform a clitoridectomy on a dog;\n(e) carry out any other procedure prescribed by regulation.\n(2) A veterinary practitioner must not remove a dog’s dewclaws more\nthan 4 days after the day the dog was born for a purpose other than a\nprophylactic purpose or a therapeutic purpose.\n(3) A veterinary practitioner must not carry out a medical or surgical\nprocedure on an animal for a cosmetic purpose only.\n","sortOrder":36},{"sectionNumber":"20","sectionType":"section","heading":"Exception—conduct in accordance with approved code","content":"20 Exception—conduct in accordance with approved code\nof practice or mandatory code of practice\nThis part (other than the following provisions) does not apply if the\nconduct making up the offence was in accordance with an approved\ncode of practice or a mandatory code of practice:\n(a) section 9A (Keeping laying fowls for commercial egg\nproduction—appropriate accommodation);\n(b) section 9B (Keeping pigs—appropriate accommodation);\n\n(c) section 9C (Removing or trimming beak of fowl);\n(d) section 14 (Use or possession of prohibited item);\n(e) section 17 (1) or (2) (Violent animal activities);\n(f) section 18 (1) or (2) (Rodeos and game parks);\n(g) section 19A (Medical and surgical procedures—veterinary\npractitioners).\n\n","sortOrder":37},{"sectionNumber":"21","sectionType":"section","heading":"Contents","content":"21 Contents\n(1) A code of practice may deal with the following matters:\n(a) the care and use of animals for scientific purposes;\n(b) the use of animals from pounds;\n(c) the management and control of companion animals;\n(d) the management of companion animals in pounds and shelters;\n(e) the development of new breeds of companion animals;\n(f) the breeding and selling of cats or dogs with heritable defects;\n(g) the use of electric goads;\n(h) horse agistment establishments;\n(i) animal welfare in rural industry;\n(j) animal welfare in intensive farming;\n(k) transport of livestock;\n(l) animal welfare in the management of saleyards;\n(m) livestock and poultry slaughtering establishments;\n(n) fishing;\n(o) culling of native animals;\n(p) control of feral animals;\n(q) aerial shooting of animals;\n(r) trapping and snaring of animals;\n(s) commercial pest control;\n(t) commercial keeping and display of animals;\n\nCodes of practice Part 3\n(u) the operation of pet shops and other businesses that buy or sell\nanimals as pets;\n(v) the operation of businesses that board animals;\n(w) the operation of any other business that deals with pets;\n(x) keeping of zoo animals;\n(y) animal welfare in the racing industry;\n(z) any other matter related to animal welfare.\npest does not include a domestic animal or native animal.\n","sortOrder":38},{"sectionNumber":"22","sectionType":"section","heading":"Approved code of practice","content":"22 Approved code of practice\n(1) The Minister may approve a code of practice relating to animal\n(2) A code of practice is a disallowable instrument.\n","sortOrder":39},{"sectionNumber":"23","sectionType":"section","heading":"Mandatory code of practice","content":"23 Mandatory code of practice\n(1) The Minister may approve a code of practice, or part of a code of\npractice, relating to animal welfare as mandatory.\n(2) An approval must state to whom the mandatory code applies.\n(3) Before approving a code under subsection (1) the Minister must be\nsatisfied that adequate consultation has occurred.\n(4) A mandatory code of practice is a disallowable instrument.\n","sortOrder":40},{"sectionNumber":"24","sectionType":"section","heading":"Publication","content":"24 Publication\n(1) The authority must, on or before the date of effect of an approval\nunder section 22 or section 23, give public notice of the approval—\n(a) stating the date on which the approval takes effect; and\n\n(b) giving details of where a copy of the approved code of practice\nmay be purchased; and\n(c) giving details of where a copy of the approved code of practice\nmay be inspected during office hours; and\n(d) containing a statement that the approval is subject to\ndisallowance by the Legislative Assembly under the Legislation\nAct.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n(2) The authority must ensure that—\n(a) a copy of the code of practice to which an approval under section\n22 or section 23 relates is made available for public inspection\nat the office of the authority during office hours; and\n(b) copies of that code of practice are made available for purchase\nat each place stated for that purpose in the relevant notice under\nsubsection (1).\ncode of practice includes any document (or part of a document) the\nprovisions of which are applied by the code.\n","sortOrder":41},{"sectionNumber":"24A","sectionType":"section","heading":"Reckless failure to comply with mandatory code of","content":"24A Reckless failure to comply with mandatory code of\npractice\nA person commits an offence if—\n(a) a mandatory code of practice applies to the person; and\n(b) the person fails to comply with a requirement of the mandatory\ncode; and\n(c) the person is reckless about whether the mandatory code is\ncomplied with.\nMaximum penalty: 100 penalty units.\n\nCodes of practice Part 3\n","sortOrder":42},{"sectionNumber":"24B","sectionType":"section","heading":"Failure to comply with mandatory code of practice","content":"24B Failure to comply with mandatory code of practice\n(a) a mandatory code of practice applies to the person; and\n(b) the person fails to comply with a requirement of the mandatory\ncode.\n(2) Subsection (1) does not apply to a person if—\n(a) a written direction has been given to the person under\nsection 24C in relation to the requirement; and\n(b) the person has complied with the direction.\n","sortOrder":43},{"sectionNumber":"24C","sectionType":"section","heading":"Direction to comply with mandatory code","content":"24C Direction to comply with mandatory code\n(1) An inspector or authorised officer may give a person a written\ndirection to rectify a breach of a mandatory code if the inspector or\nauthorised officer believes on reasonable grounds that—\n(a) the person is in breach of a requirement of the code; and\n(b) the person has not previously been convicted, or found guilty, of\nan offence under section 24A or section 24B for failing to\ncomply with a requirement of the code.\n(2) A direction must—\n(a) state the requirement of the code that has been breached and the\nconduct constituting the breach; and\n(b) if appropriate, state what must be done to rectify the breach and,\nif reasonable, who must do it; and\n(c) state a reasonable time within which the person must give the\ninspector or authorised officer evidence that the direction has\nbeen complied with; and\n\n(d) include a statement that the person may be prosecuted under\nsection 24B or section 24D if the person fails to comply with the\ndirection.\n(3) The inspector or authorised officer may withdraw a written direction\nif, after giving the direction to a person, the inspector or authorised\nofficer discovers that the person has previously been convicted, or\nfound guilty, of an offence under section 24A or section 24B.\n","sortOrder":44},{"sectionNumber":"24D","sectionType":"section","heading":"Failure to comply with direction to comply with","content":"24D Failure to comply with direction to comply with\nmandatory code\n(a) an inspector or authorised officer gives the person a direction\nunder section 24C; and\n(b) the person fails to comply with the direction.\n\nPreliminary Division 3A.1\n","sortOrder":45},{"sectionNumber":"Div 3A","sectionType":"division","heading":"1 Preliminary","content":"Division 3A.1 Preliminary\n","sortOrder":46},{"sectionNumber":"24E","sectionType":"section","heading":"Definitions—pt 3A","content":"24E Definitions—pt 3A\nboard, an animal, includes board the animal during the day or\novernight.\nbreeding licence—see the Domestic Animals Act 2000, section 72A.\npet business—\n(a) means—\n(i) a pet shop; or\n(ii) a business that boards an animal; or\n(iii) a business prescribed by regulation; but\n(b) does not include—\n(i) a veterinary practice that boards an animal; or\n(ii) an entity that sells or boards an animal for an animal\nwelfare or benevolent purpose; or\n(iii) an entity prescribed by regulation.\nExamples—par (b) (ii)\n1 a foster carer for guide dogs\n2 the RSPCA\npet shop—\n(a) means a business that buys or sells animals to be kept as pets;\nbut\n(b) does not include a business that buys or sells animals in\naccordance with a breeding licence.\n\n","sortOrder":47},{"sectionNumber":"24F","sectionType":"section","heading":"Pet business licence application","content":"24F Pet business licence application\n(1) A person may apply to the authority for a licence to operate a pet\nbusiness.\n(2) The application must—\n(b) state—\n(i) the applicant’s name; and\n(ii) the applicant’s contact details; and\n(iii) the applicant’s trading name; and\n(c) describe the premises from which the business will operate; and\n(d) include any information prescribed by regulation.\n","sortOrder":48},{"sectionNumber":"24G","sectionType":"section","heading":"Issue of pet business licence","content":"24G Issue of pet business licence\n(1) If a person applies for a pet business licence, the authority must,\nwithin 30 days—\n(a) issue the licence; or\n(b) refuse to issue the licence.\nNote A pet business licence may be issued subject to a condition (see s 24I).\n(2) The authority may issue the pet business licence to the person only if\nthe authority is satisfied—\n(a) about the identity of the applicant or, if the applicant is a\ncorporation, of each relevant person; and\n\n(b) that the person—\n(i) intends to carry out the business on suitable premises; and\n(ii) meets any requirements for a pet business prescribed by\nregulation.\nrelated corporation means a related body corporate under the\nCorporations Act.\nrelevant person, for a corporation, means any of the following:\n(a) an executive officer (however described) of the corporation;\n(b) a person who may exercise a relevant power in relation to the\ncorporation;\n(c) a related corporation;\n(d) an executive officer (however described) of a related\ncorporation.\nrelevant power, for a corporation, means a power—\n(a) to take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) to elect or appoint a person as an executive officer (however\ndescribed) in the corporation; or\n(c) to exercise a significant influence in relation to the conduct of\nthe corporation.\n","sortOrder":49},{"sectionNumber":"24H","sectionType":"section","heading":"Pet business licence term and form","content":"24H Pet business licence term and form\n(1) A pet business licence may be issued for up to 5 years.\n(2) A pet business licence must state, in writing—\n(a) a unique identifying number for the licence; and\n(b) the licensed pet business’s name; and\n\n(c) the licensed pet business’s trading name; and\n(d) the nature of the pet business; and\n(e) the date the licence expires; and\n(f) any condition that applies to the licence.\n","sortOrder":50},{"sectionNumber":"24I","sectionType":"section","heading":"Conditions for pet business licence","content":"24I Conditions for pet business licence\n(1) A pet business licence is subject to—\n(a) any condition imposed by the authority when issuing the\nlicence; and\n(b) any condition imposed by written notice given to the licensed\npet business at any other time; and\n(c) any condition prescribed by regulation.\n(2) It is also a condition of a pet business licence that the pet business\ncomply with any relevant mandatory code of practice.\n(3) The authority may only impose a condition on a licence if satisfied\n","sortOrder":51},{"sectionNumber":"24J","sectionType":"section","heading":"Transfer application","content":"24J Transfer application\n(1) A licensed pet business may apply to the authority to transfer a pet\nbusiness licence to another person (the transferee).\n(2) An application must—\n(b) include evidence to show that the licensed pet business and\ntransferee agree to the transfer; and\n(c) state—\n(i) the transferee’s name; and\n\n(ii) the transferee’s trading name; and\n(iii) the transferee’s proposed trading address or addresses; and\n(d) describe the premises from which the business will operate; and\n(e) include any information prescribed by regulation.\n","sortOrder":52},{"sectionNumber":"24K","sectionType":"section","heading":"Transfer decision","content":"24K Transfer decision\n(1) If a licensed pet business applies to transfer a pet business licence, the\nauthority must, within 30 days—\n(a) approve the transfer; or\n(b) refuse to approve the transfer.\n(2) The authority may approve the transfer to the transferee only if the\nauthority is satisfied—\n(a) about the identity of the applicant or, if the applicant is a\ncorporation, of each relevant person; and\n(b) that the person—\n(i) intends to carry out the business on suitable premises; and\n(ii) meets any requirement for a pet business prescribed by\nregulation.\n(3) A transfer is subject to any condition imposed by the authority when\napproving the transfer.\n(4) The authority may only impose a condition on a licence if satisfied\n\nrelevant person—see section 24G (3).\n","sortOrder":53},{"sectionNumber":"24L","sectionType":"section","heading":"Renewal application","content":"24L Renewal application\n(1) A licensed pet business may apply, in writing, to the authority to\nrenew the pet business licence up to 6 months before the licence\nexpires.\n(2) The application must—\n(b) state—\n(i) the applicant’s name; and\n(ii) the applicant’s contact details; and\n(iii) the applicant’s trading name; and\n(c) describe the premises from which the business will operate; and\n(d) include any information prescribed by regulation.\n(3) If a licensed pet business applies to renew a licence, the licence\nremains in force until the application is decided.\n","sortOrder":54},{"sectionNumber":"24M","sectionType":"section","heading":"Renewal decision","content":"24M Renewal decision\n(1) If a licensed pet business applies to renew a licence, the authority\nmust, within 30 days—\n(a) renew the licence; or\n(b) refuse to renew the licence.\n\n(2) However, if the authority has asked the licensed pet business to do a\nthing in relation to being a licensed pet business, and the licensed pet\nbusiness has not yet done the thing, the authority must not renew the\nlicence until the thing is done.\nExamples—thing to be done\n1 meet condition of licence\n2 pay a fee\n3 provide information\n(3) A licence may be renewed for up to 5 years.\n(4) The renewal of a licence—\n(a) starts immediately after the licence would have expired if it had\nnot been renewed; and\n(b) if there is a condition imposed on the licence—does not affect\nthe condition.\n(5) A renewal is subject to any condition imposed by the authority when\napproving the renewal.\n(6) The authority may only impose a condition on a licence if satisfied\n","sortOrder":55},{"sectionNumber":"24N","sectionType":"section","heading":"Amendment of pet business licence","content":"24N Amendment of pet business licence\nThe authority may amend a licensed pet business’s pet business\nlicence if—\n(a) the authority believes on reasonable grounds that the\namendment is in the interest of animal welfare; or\n(b) to reflect a change to any of the following:\n(i) the licensed pet business’s name;\n(ii) the licensed pet business’s trading name;\n(iii) the nature of the pet business;\n\n(iv) a trading address for the licensed pet business;\n(v) a condition that applies to the licence.\n","sortOrder":56},{"sectionNumber":"24O","sectionType":"section","heading":"Authority may request more information","content":"24O Authority may request more information\n(1) This section applies to—\n(a) an application for a licence under section 24F; and\n(b) an application to transfer a licence under section 24J; and\n(c) an application to renew a licence under section 24L.\n(2) The authority may ask the applicant to give the authority, within a\nstated reasonable period, information about the application that the\n(3) The period within which the authority must make a decision under\nthe provisions mentioned in subsection (1) is extended by the period\nmentioned in subsection (2).\n(4) If the applicant does not comply with a requirement in the request,\nthe authority may refuse to consider the application further.\n","sortOrder":57},{"sectionNumber":"24P","sectionType":"section","heading":"Pet shops—failure to keep records","content":"24P Pet shops—failure to keep records\n(a) operates a pet shop; and\n(b) buys an animal in the course of operating the pet shop; and\n(c) does not keep a record of—\n(i) the full name and contact details of the person who sold the\nanimal; and\n\nPet business offences Division 3A.3\n(ii) for an animal bought from the holder of a breeding\nlicence—the breeding licence number.\n","sortOrder":58},{"sectionNumber":"24Q","sectionType":"section","heading":"Pet shops—failure to share records","content":"24Q Pet shops—failure to share records\n(a) the person operates a pet shop; and\n(b) the authority asks to inspect a record required under\nsection 24P (1) (c); and\n(c) within 7 days after the day the request is made, the person does\nnot allow the authority to inspect the record.\n","sortOrder":59},{"sectionNumber":"24R","sectionType":"section","heading":"Operating pet business without pet business licence","content":"24R Operating pet business without pet business licence\n(a) operates a pet business; and\n(b) the person is not licensed to operate the pet business.\nnot licensed—a person is also not licensed if the person’s pet\nbusiness licence is suspended, cancelled or expired.\n\n","sortOrder":60},{"sectionNumber":"24S","sectionType":"section","heading":"Breach of pet business licence","content":"24S Breach of pet business licence\n(a) is a licensed pet business; and\n(b) fails to comply with a condition of the person’s pet business\nlicence.\n\n","sortOrder":61},{"sectionNumber":"Part 4","sectionType":"part","heading":"Using or breeding animals for","content":"Part 4 Using or breeding animals for\nresearch or teaching\n","sortOrder":62},{"sectionNumber":"25","sectionType":"section","heading":"Using or breeding animals without licence","content":"25 Using or breeding animals without licence\n(a) uses or breeds an animal for research or teaching; and\n(b) the person does not have a licence to do so.\n(a) an authorisation holder, or a person assisting an authorisation\nholder; or\n(b) a person who uses or breeds an animal in the course of\nemployment or engagement by a licensee; or\n(c) a person who uses an animal prescribed by regulation for\nteaching purposes in a preschool or primary school; or\n(d) an interstate researcher to whom section 49B (1) applies; or\n(e) a person who uses or breeds an animal in the course of\nemployment or engagement by an interstate researcher to whom\nsection 49B (1) applies.\n\n","sortOrder":63},{"sectionNumber":"26","sectionType":"section","heading":"Application for licence","content":"26 Application for licence\n(1) A person may apply to the authority for a licence to use or breed\nanimals for research or teaching, or for both research and teaching, at\nstated premises.\n(2) The authority may, in writing, require the applicant to give the\n(3) If the applicant does not comply with a requirement under\nsubsection (2), the authority may refuse to consider the application\nfurther.\n","sortOrder":64},{"sectionNumber":"27","sectionType":"section","heading":"Decision about licence application","content":"27 Decision about licence application\n(1) On an application by a person for a licence, the authority must—\n(a) grant the licence for the premises stated in the application (the\nlicensed premises); or\n(b) refuse to grant the licence.\n(2) In deciding whether to grant the licence, the authority must\nconsider—\n(a) the applicant’s experience and competency in caring for and\nhandling animals; and\n(b) the adequacy of the premises stated in the application,\nequipment and other facilities for caring for and handling\n(c) the adequacy of arrangements for the provision of veterinary\ntreatment to animals at the premises stated in the application;\nand\nfurther information under section 26 (2); and\n\n(e) whether the applicant has obtained and kept in force any\n(f) whether the applicant has, within the 3 years immediately before\n(g) any criteria prescribed by regulation.\n(3) Subsection (2) does not limit the matters that the authority may\nrenewal, of a licence, means the grant of the licence that is to begin\non the day after the day the licence being renewed ends.\n","sortOrder":65},{"sectionNumber":"28","sectionType":"section","heading":"Licence conditions","content":"28 Licence conditions\n(1) A licence is subject to any condition—\n(b) put on the licence by the authority that the authority believes on\nExamples of conditions that may be put on a licence\n1 a condition about the welfare of the animals to be used by the licensee\n2 a condition about the provision of facilities and equipment for the welfare of\nthe animals to be used by the licensee\n3 that an approved code of practice must be complied with\nNote The authority may amend a licence (including by putting a condition on\nthe licence, or amending or removing a condition of the licence) at any\ntime (see s 34).\n\n(2) A licensee commits an offence if the licensee fails to comply with a\ncondition of the licence.\n","sortOrder":66},{"sectionNumber":"29","sectionType":"section","heading":"Form of licence","content":"29 Form of licence\nA licence must—\n(b) state the full name and address of the person to whom the licence\n(c) state the licensed premises; and\n(d) state the period for which the licence is granted; and\n(e) state any condition put on the licence by the authority.\n","sortOrder":67},{"sectionNumber":"30","sectionType":"section","heading":"Term of licence","content":"30 Term of licence\nA licence is granted for the period of not longer than 3 years stated in\nthe licence, and remains in force subject to this Act.\n","sortOrder":68},{"sectionNumber":"31","sectionType":"section","heading":"Licensees—request for information and documents","content":"31 Licensees—request for information and documents\nThe authority may, in writing, require a licensee to give the authority\ninformation in writing or documents that the authority reasonably\nneeds to exercise its functions under this Act in relation to the licence.\na copy of a licensee’s evacuation plan for animals in case of a fire\n\n","sortOrder":69},{"sectionNumber":"32","sectionType":"section","heading":"Licence renewal","content":"32 Licence renewal\n(a) an application is made under section 26 (Application for licence)\nby a licensee; and\n(b) the application is for renewal of the licensee’s licence; and\nlicence term ends.\n(2) The licence remains in force, subject to this Act, until the application\nis decided under section 27 (Decision about licence application).\n(3) If the authority grants the licence applied for, the renewal of the\nlicence begins on the day after the day the licence being renewed\n(4) A suspended licence may be renewed, but the renewed licence is\nsuspended until the suspension ends.\nrenewal, of a licence, means the grant of the licence that is to begin\non the day after the day the licence being renewed ends.\n","sortOrder":70},{"sectionNumber":"33","sectionType":"section","heading":"Licensee to notify change of name or address","content":"33 Licensee to notify change of name or address\n(1) If a licensee changes the licensee’s name or address, the licensee\nmust, as soon as practicable but not later than 14 days after the day\nthe change happens, tell the authority, in writing, about the change.\n","sortOrder":71},{"sectionNumber":"34","sectionType":"section","heading":"Amendment of licence","content":"34 Amendment of licence\n(1) The authority may amend a licence at any time in accordance with\nthis section if it believes on reasonable grounds that the amendment\nis reasonable or necessary in the interests of animal welfare.\n\n(2) The authority may amend a licence on its own initiative or on\napplication by the licensee.\n(3) The authority may amend a licence on its own initiative only if the\nauthority has—\n(a) given the licensee written notice of the proposed amendment;\nand\n(b) considered any comments made by the licensee in accordance\nwith the notice.\n(b) invite the licensee to give the authority any comments about the\namendment before the end of a stated period of at least 14 days\nafter the day the notice is given to the licensee.\n(6) The amendment of a licence takes effect on—\nlicensee; or\n(7) A licence amended under this section must be returned to the\nauthority as soon as practicable, but not later than 7 days after the day\nthe notice of the decision to amend is given to the licensee.\namend, a licence, includes putting a condition on the licence, or\namending or removing a condition of the licence.\n\n","sortOrder":72},{"sectionNumber":"35","sectionType":"section","heading":"Surrender of licences","content":"35 Surrender of licences\n(1) A licensee may surrender the licence by giving the authority written\nnotice of the surrender and the licence.\n(a) the day the notice is given to the authority under subsection (1);\nor\n","sortOrder":73},{"sectionNumber":"35A","sectionType":"section","heading":"Meaning of authorised staff member—div 4.2","content":"35A Meaning of authorised staff member—div 4.2\nauthorised staff member, of a corporation—see section 37 (2).\n","sortOrder":74},{"sectionNumber":"36","sectionType":"section","heading":"Research and teaching using and breeding animals","content":"36 Research and teaching using and breeding animals\n(1) A person employed or engaged by a licensee commits an offence if\nthe person—\n(a) conducts a program of research using or breeding animals and\nthe person does not hold a research authorisation for the\nresearch; or\n(b) conducts a program of teaching using or breeding animals and\nthe person does not hold a teaching authorisation for the\nteaching.\n\n(a) a person providing research or teaching assistance for the\nprogram; or\n(b) an interstate researcher to whom section 49B (1) applies; or\n(c) a person who uses or breeds an animal in the course of\nemployment or engagement by an interstate researcher to whom\nsection 49B (1) applies.\n","sortOrder":75},{"sectionNumber":"37","sectionType":"section","heading":"Application for authorisation","content":"37 Application for authorisation\n(1) A person may apply to the animal ethics committee for an\nauthorisation to conduct a program of research or teaching, in relation\nto the use or breeding of animals at stated licensed premises.\n(2) If the applicant is a corporation, the application must include the name\nand contact details of each individual employed or engaged by the\ncorporation to conduct a program of research or teaching using or\nbreeding animals on behalf of the corporation (an authorised staff\nmember).\n(3) The animal ethics committee may, in writing, require the applicant to\ngive the committee additional information in writing or documents\nthat the committee reasonably needs to decide the application.\n(4) If the applicant does not comply with a requirement under\nsubsection (3), the animal ethics committee may refuse to consider\nthe application further.\n","sortOrder":76},{"sectionNumber":"38","sectionType":"section","heading":"Decision about authorisation application","content":"38 Decision about authorisation application\n(1) On an application by a person for an authorisation, the animal ethics\ncommittee must—\n(a) grant the authorisation to the person to conduct the program of\nresearch or teaching stated in the application, for the licensed\npremises stated in the application; or\n\n(b) refuse to grant the authorisation.\n(2) In deciding whether to grant the authorisation, the animal ethics\ncommittee must consider—\n(a) the experience and competency in caring for and handling\nanimals of—\n(i) for an applicant that is an individual—the applicant; or\n(ii) for an applicant that is a corporation—each authorised staff\nmember; and\n(b) the applicant’s response (or lack of response) to any request for\nfurther information under section 37 (3); and\n(c) whether the applicant has obtained and kept in force any\n(d) within the 3 years immediately before the date of the\napplication, whether—\n(i) for an applicant that is an individual—the applicant has\nbeen convicted or found guilty of a defined offence; or\n(ii) for an applicant that is a corporation—an authorised staff\nmember has been convicted or found guilty of a defined\noffence; and\n(e) any criteria prescribed by regulation.\n(3) Subsection (2) does not limit the matters that the animal ethics\ncommittee may consider.\nrenewal, of an authorisation, means the grant of the authorisation that\nis to begin on the day after the day the authorisation being renewed\n\n","sortOrder":77},{"sectionNumber":"39","sectionType":"section","heading":"Authorisation conditions","content":"39 Authorisation conditions\n(1) An authorisation is subject to any condition—\n(b) put on the authorisation by the animal ethics committee that the\ncommittee believes on reasonable grounds is reasonable or\nnecessary in the interests of animal welfare.\nExamples of conditions that may be put on an authorisation\n1 a condition about the use of the animals in the particular program of research\nor teaching that is to be undertaken\n2 a condition about the welfare of the animals in the particular program of\nresearch or teaching that is to be undertaken\n3 a condition about particular facilities and equipment relevant to the use of the\nanimals in the course of conducting the particular program of research or\nteaching that is to be undertaken\n4 that an approved code of practice must be complied with\nNote The animal ethics committee may amend an authorisation (including by\nputting a condition on the authorisation, or amending or removing a\ncondition of the authorisation) at any time (see s 46).\n(a) is an authorisation holder; and\n(b) fails to comply with a condition of the authorisation.\n","sortOrder":78},{"sectionNumber":"40","sectionType":"section","heading":"Form of authorisation","content":"40 Form of authorisation\nAn authorisation must—\n(b) state why the authorisation is required; and\n\n(c) state the full name and address of the person to whom the\nauthorisation is granted; and\n(d) state the licensed premises in relation to which the authorisation\n(e) state the period for which the authorisation is granted; and\n(f) state any condition put on the authorisation by the animal ethics\ncommittee.\n","sortOrder":79},{"sectionNumber":"41","sectionType":"section","heading":"Term of authorisation","content":"41 Term of authorisation\nAn authorisation is granted for the period of not longer than 3 years\nstated in the authorisation, and remains in force subject to this Act.\n","sortOrder":80},{"sectionNumber":"42","sectionType":"section","heading":"Identity card for authorisation holders","content":"42 Identity card for authorisation holders\n(1) If the animal ethics committee grants an authorisation, the committee\nmust give—\n(a) if the authorisation holder is an individual—the individual an\nidentity card stating the individual’s name; or\n(b) if the authorisation holder is a corporation—each authorised\nstaff member an identity card stating the staff member’s name\nand the corporation’s name.\n(2) The identity card must show—\n(a) if the authorisation holder is an individual—a recent photograph\nof the individual; and\n(b) if the authorisation holder is a corporation—a recent photograph\nof the authorised staff member; and\n(c) anything else prescribed by regulation.\n(a) the person is given an identity card under subsection (1); and\n\n(b) an authorised officer asks to see the person’s identity card; and\n(c) the person does not show the officer the card.\n(4) A person commits an offence if—\n(a) the person is given an identity card under subsection (1); and\n(b) either—\n(i) the relevant authorisation ends; or\n(ii) if the identity card relates to more than 1 authorisation—\nall authorisations end; and\n(c) the person does not return the person’s identity card to the\nanimal ethics committee within 7 days after the day the\nauthorisation ends.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":81},{"sectionNumber":"43","sectionType":"section","heading":"Authorisation holders—request for information and","content":"43 Authorisation holders—request for information and\ndocuments\nThe animal ethics committee may, in writing, require an authorisation\nholder to give the committee information in writing or documents that\nthe committee reasonably needs to exercise its functions under this\nAct in relation to the authorisation.\ninformation about the mortality rates of animals in the program of research in\nrelation to which the authorisation is granted\n\n","sortOrder":82},{"sectionNumber":"44","sectionType":"section","heading":"Authorisation renewal","content":"44 Authorisation renewal\n(a) an application is made under section 37 (Application for\nauthorisation) by an authorisation holder; and\n(b) the application is for renewal of the holder’s authorisation; and\nauthorisation term ends.\n(2) The authorisation remains in force, subject to this Act, until the\napplication is decided under section 38 (Decision about authorisation\napplication).\n(3) If the animal ethics committee grants the authorisation applied for,\nthe renewal of the authorisation begins on the day after the day the\nauthorisation being renewed ends.\n(4) A suspended authorisation may be renewed, but the renewed\nauthorisation is suspended until the suspension ends.\nrenewal, of an authorisation, means the grant of the authorisation that\nis to begin on the day after the day the authorisation being renewed\n","sortOrder":83},{"sectionNumber":"45","sectionType":"section","heading":"Authorisation holder to notify change of name or address","content":"45 Authorisation holder to notify change of name or address\n(1) If an authorisation holder changes the holder’s name or address, the\nauthorisation holder must, as soon as practicable but not later than\n14 days after the day the change happens, tell the animal ethics\ncommittee, in writing, about the change.\n\n","sortOrder":84},{"sectionNumber":"46","sectionType":"section","heading":"Amendment of authorisation","content":"46 Amendment of authorisation\n(1) The animal ethics committee may amend an authorisation at any time\nin accordance with this section if it believes on reasonable grounds\nthat the amendment is reasonable or necessary in the interests of\n(2) The animal ethics committee may amend an authorisation on its own\ninitiative or on application by the authorisation holder.\n(3) The animal ethics committee may amend an authorisation on its own\ninitiative only if the committee has—\n(a) given the authorisation holder written notice of the proposed\n(b) considered any comments made by the authorisation holder in\n(a) include the animal ethics committee’s grounds for making the\nproposed amendment; and\n(b) invite the authorisation holder to give the committee any\ncomments about the amendment before the end of a stated\nperiod of at least 14 days after the day the notice is given to the\nauthorisation holder.\nNote Section 107A provides that the animal ethics committee must give\nwritten notice of the decision to each person affected by the decision.\n(6) The amendment of an authorisation takes effect on—\nauthorisation holder; or\n\n(7) An authorisation amended under this section must be returned to the\nanimal ethics committee as soon as practicable, but not later than\n7 days after the day the notice of the decision to amend is given to the\nauthorisation holder.\namend, an authorisation, includes putting a condition on the\nauthorisation, or amending or removing a condition of the\n","sortOrder":85},{"sectionNumber":"47","sectionType":"section","heading":"Cessation of effect of authorisation","content":"47 Cessation of effect of authorisation\n(1) An authorisation ceases to have effect if, and while, the relevant\nlicence is suspended, cancelled or surrendered under this Act or\notherwise ceases to have effect.\nrelevant licence, in relation to an authorisation, means the licence in\nrelation to the licensed premises mentioned in the authorisation.\n","sortOrder":86},{"sectionNumber":"48","sectionType":"section","heading":"Surrender of authorisations","content":"48 Surrender of authorisations\n(1) An authorisation holder may surrender the authorisation by giving the\nanimal ethics committee written notice of the surrender and the\n(a) the day the notice is given to the animal ethics committee under\nsubsection (1); or\n\n","sortOrder":87},{"sectionNumber":"49A","sectionType":"section","heading":"Notification","content":"49A Notification\nAn interstate researcher must, at least 7 days before using or breeding\nan animal for research or teaching in the ACT—\n(a) notify the authority of the researcher’s intention to use or breed\nan animal for research or teaching; and\n(b) give to the authority a copy of—\n(i) the researcher’s interstate research authorisation; and\n(ii) any protocol and conditions with which the researcher is\nrequired to comply under the authorisation and any\nsubmission on which the grant of the authorisation is\nbased.\n","sortOrder":88},{"sectionNumber":"49B","sectionType":"section","heading":"Interstate researchers’ authorisation in the ACT","content":"49B Interstate researchers’ authorisation in the ACT\n(1) An interstate researcher who has complied with section 49A may use\nor breed animals in the ACT in the same way, to the same extent and\nfor the same purposes as the researcher is permitted to use or breed\nanimals in the State where the researcher’s interstate research\nauthorisation was granted.\n(2) Subsection (1)—\n(a) does not apply to a researcher whose interstate research\nauthorisation is suspended; and\n(b) ceases to apply to a researcher whose interstate research\nauthorisation expires or is cancelled or revoked.\n(3) The authority may decide to end the application of subsection (1) to\nan interstate researcher if satisfied on reasonable grounds—\n(a) the researcher has contravened this Act; or\n\nInterstate researchers Division 4.3\n(b) the researcher has contravened, in the ACT, an approved code\nof practice, a mandatory code of practice or a protocol or\ncondition which applies to the researcher’s interstate research\nauthorisation; or\n(c) the researcher has failed to comply, in the ACT, with the\nproposal for carrying out the researcher’s activities set out in a\nsubmission on which the grant of the authorisation is based; or\n(d) it is not appropriate for the researcher to use or breed animals in\nthe ACT in the same way, to the same extent and for the same\npurposes as the researcher is permitted to use or breed animals\nin the State where the researcher’s interstate research\nauthorisation is granted.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(4) When considering whether to make a decision under subsection (3)\nabout an interstate researcher, the authority is not required to give the\nresearcher an opportunity to make representations if satisfied that the\npublic interest or the welfare of any animal requires that the decision\nbe made immediately.\n(5) The authority may decide that subsection (1) should again apply to a\nresearcher to whom the subsection has ceased to apply because of a\ndecision under subsection (3).\n(6) Subsection (1)—\n(a) ceases to apply to a researcher about whom the authority has\nmade a decision under subsection (3); and\n(b) again applies to a researcher about whom the authority has made\na decision under subsection (5).\n\n","sortOrder":89},{"sectionNumber":"50","sectionType":"section","heading":"Animal ethics committees","content":"50 Animal ethics committees\n(1) A regulation may make provision in relation to animal ethics\ncommittees, including provision relating to their establishment,\nconstitution and functions.\n(2) A regulation made for subsection (1) may apply a law or instrument,\nor a provision of a law or instrument, as in force from time to time.\napply includes adopt and incorporate.\n\nPreliminary Division 5.1\n","sortOrder":90},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Preliminary","content":"Division 5.1 Preliminary\n","sortOrder":91},{"sectionNumber":"51","sectionType":"section","heading":"Meaning of prohibited animal—pt 5","content":"51 Meaning of prohibited animal—pt 5\nprohibited animal means—\n(a) a bear, elephant, giraffe, primate (other than a human) or feline\n(other than a domestic cat); or\n(b) an animal prescribed by regulation.\n","sortOrder":92},{"sectionNumber":"52","sectionType":"section","heading":"Circuses","content":"52 Circuses\n(a) the person conducts a circus; and\n(b) the circus has performing animals (but is not a travelling zoo);\nand\n(c) the person does not have a permit to conduct the circus.\n(2) A person commits an offence if the person conducts a circus using a\nprohibited animal.\n\n(3) A person commits an offence if the person brings a prohibited animal\ninto the ACT as part of a circus troupe.\n(4) For subsection (3), it does not matter whether the animal is brought\ninto the ACT for use in the circus.\n","sortOrder":93},{"sectionNumber":"53","sectionType":"section","heading":"Travelling zoos","content":"53 Travelling zoos\n(a) the person conducts a travelling zoo; and\n(b) the person does not have a permit to conduct the travelling zoo.\n(2) A person commits an offence if the person conducts a travelling zoo\nusing a prohibited animal.\n(3) A person commits an offence if the person brings a prohibited animal\ninto the ACT as part of a travelling zoo.\n(4) For subsection (3), it does not matter whether the animal is brought\ninto the ACT for use in the travelling zoo.\n\n","sortOrder":94},{"sectionNumber":"54","sectionType":"section","heading":"Application for circus or travelling zoo permit","content":"54 Application for circus or travelling zoo permit\n(1) A person may apply to the authority for a permit to conduct—\n(a) a circus with an animal in the circus troupe; or\n(b) a travelling zoo.\n(2) For an application for a circus permit, the application must—\n(a) be accompanied by a list of animals that are to form part of the\ncircus troupe, whether or not the animals are to be used in the\ncircus; and\n(b) be lodged not later than 4 weeks before the day the first\nperformance of the circus is proposed to be held.\n(3) For an application for a travelling zoo permit, the application must—\n(a) be accompanied by a list of animals that are to travel with the\nzoo, whether or not the animals are to be used in the zoo; and\n(b) be lodged not later than 4 weeks before the day the zoo is\nproposed to enter the ACT.\n(4) The authority may, in writing, require the applicant to give the\n(5) If the applicant does not comply with a requirement under\nsubsection (4), the authority may refuse to consider the application\nfurther.\n","sortOrder":95},{"sectionNumber":"55","sectionType":"section","heading":"Decision about circus or travelling zoo permit application","content":"55 Decision about circus or travelling zoo permit application\n(1) On an application by a person for a circus or travelling zoo permit,\nthe authority must—\n(a) grant the permit; or\n\n(b) refuse to grant the permit.\n(2) For an application for a circus permit, the authority must not grant a\ncircus permit in relation to a circus if a prohibited animal is to form\npart of the circus troupe, whether or not the animal is to be used in\nthe circus.\n(3) For an application for a travelling zoo permit, the authority must not\ngrant a travelling zoo permit in relation to a zoo if a prohibited animal\nis to travel with the zoo, whether or not the animal is to be used in the\nzoo.\n(4) In deciding whether to grant the circus or travelling zoo permit, the\nauthority must consider—\n(a) the experience and competency of the applicant, and the\napplicant’s employees and agents, in caring for and handling\n(b) the adequacy of the conditions under which the animals are to\nbe housed, trained, transported or used; and\n(c) the adequacy of the facilities to be provided for the animals; and\nfurther information under section 54 (4); and\n(e) whether the applicant has obtained and kept in force any\n(f) whether the applicant has, within the 3 years immediately before\n(g) any criteria prescribed by regulation.\n(5) Subsection (4) does not limit the matters that the authority may\n\nrenewal, of a circus or travelling zoo permit, means the grant of the\npermit that is to begin on the day after the day the permit being\nrenewed ends.\n","sortOrder":96},{"sectionNumber":"56","sectionType":"section","heading":"Circus or travelling zoo permit conditions","content":"56 Circus or travelling zoo permit conditions\n(1) A circus or travelling zoo permit is subject to any condition—\n(b) put on the permit by the authority that the authority believes on\nExamples of conditions that may be put on a circus or travelling zoo permit\n1 a condition about the welfare of the animals to be used by the circus or\ntravelling zoo\n2 a condition about the provision of facilities and equipment for the welfare of\nthe animals to be used by the circus or travelling zoo\n3 that an approved code of practice must be complied with\nNote The authority may amend a circus or travelling zoo permit (including by\nputting a condition on the permit, or amending or removing a condition\nof the permit) at any time (see s 59A).\n(a) is a circus permit-holder; and\n(b) fails to comply with a condition of the permit.\n(3) A person commits an offence if the person—\n(a) is a travelling zoo permit-holder; and\n\n(b) fails to comply with a condition of the permit.\n(4) An offence against subsection (2) or (3) is a strict liability offence.\n","sortOrder":97},{"sectionNumber":"57","sectionType":"section","heading":"Form of circus or travelling zoo permit","content":"57 Form of circus or travelling zoo permit\nA circus or travelling zoo permit must—\n(b) state the full name and address of the person to whom the permit\n(c) state the period for which the permit is granted; and\n(d) state any condition put on the permit by the authority.\n","sortOrder":98},{"sectionNumber":"58","sectionType":"section","heading":"Term of circus or travelling zoo permit","content":"58 Term of circus or travelling zoo permit\nA circus or travelling zoo permit is granted for the period stated in the\npermit, and remains in force subject to this Act.\n","sortOrder":99},{"sectionNumber":"59","sectionType":"section","heading":"Circus or travelling zoo permit-holder to notify change of","content":"59 Circus or travelling zoo permit-holder to notify change of\nname or address\n(1) If a circus or travelling zoo permit-holder changes the permit-holder’s\nname or address, the permit-holder must, as soon as practicable but\nnot later than 14 days after the day the change happens, tell the\nauthority, in writing, about the change.\n","sortOrder":100},{"sectionNumber":"59A","sectionType":"section","heading":"Amendment of circus or travelling zoo permit","content":"59A Amendment of circus or travelling zoo permit\n(1) The authority may amend a circus or travelling zoo permit at any time\nin accordance with this section if it believes on reasonable grounds\nthat the amendment is reasonable or necessary in the interests of\n\n(2) The authority may amend a circus or travelling zoo permit on its own\ninitiative or on application by the circus or travelling zoo\n(3) The authority may amend a circus or travelling zoo permit on its own\ninitiative only if the authority has—\n(a) given the circus or travelling zoo permit-holder written notice of\nthe proposed amendment; and\n(b) considered any comments made by the permit-holder in\n(b) invite the circus or travelling zoo permit-holder to give the\nauthority any comments about the amendment before the end of\na stated period of at least 14 days after the day the notice is given\nto the permit-holder.\n(6) The amendment of a circus or travelling zoo permit takes effect on—\n(a) the day the notice of the decision to amend is given to the circus\nor travelling zoo permit-holder; or\n(7) A circus or travelling zoo permit amended under this section must be\nreturned to the authority as soon as practicable, but not later than\n7 days after the day the notice of the decision to amend is given to the\ncircus or travelling zoo permit-holder.\n\namend, a circus or travelling zoo permit, includes putting a condition\non the permit, or amending or removing a condition of the permit.\n\nTrapping offences Division 6.1\n","sortOrder":101},{"sectionNumber":"60","sectionType":"section","heading":"Steel-jawed traps and prohibited traps","content":"60 Steel-jawed traps and prohibited traps\n(a) the person sets a steel-jawed trap or a prohibited trap; and\n(b) an animal is killed or injured by the trap.\n(2) A person commits an offence if the person sets a steel-jawed trap or\na prohibited trap.\n(3) A person commits an offence if the person possesses a steel-jawed\ntrap or prohibited trap.\nMaximum penalty: 15 penalty units.\n(5) Subsection (3) does not apply in relation to the possession of a trap\nkept only—\n(a) for the purpose of display; or\n(b) as a curio or part of a collection.\nprohibited trap means a trap prescribed by regulation for this section.\nsteel-jawed trap means an animal trap fitted with metal jaws, a\npressure plate and a spring-operated mechanism, designed so the\nmetal jaws close against each other when the trap is activated by the\napplication of weight to the pressure plate.\n\n","sortOrder":102},{"sectionNumber":"62","sectionType":"section","heading":"Trapping—general","content":"62 Trapping—general\n(1) A person commits an offence if the person sets a trap.\n(3) This section does not apply to—\n(a) a trapping permit-holder; or\n(b) a person holding a nature conservation licence that authorises\nthe person to set a trap.\ntrap—\n(a) means a device used or designed to catch an animal; but\n(b) does not include a trap set to catch—\n(i) an animal, other than a domestic animal, on premises—\n(A) by the occupier of the premises; or\n(B) by an employee, agent or relative of the occupier of\nthe premises; or\n(C) by another person, in accordance with the written\napproval of a person mentioned in\nsub-subparagraph (A) or (B); or\n(ii) a fish or crustacean for non-commercial human\nconsumption.\n\n","sortOrder":103},{"sectionNumber":"63","sectionType":"section","heading":"Application for trapping permit","content":"63 Application for trapping permit\n(1) A person may apply to the authority for—\n(a) a commercial trapping permit, for the purposes of a commercial\ntrapping operation; or\n(b) a private trapping permit, for domestic or private purposes.\n(2) The authority may, in writing, require the applicant to give the\n(3) If the applicant does not comply with a requirement under subsection\n(2), the authority may refuse to consider the application further.\n","sortOrder":104},{"sectionNumber":"64","sectionType":"section","heading":"Decision about trapping permit application","content":"64 Decision about trapping permit application\n(1) On an application by a person for a trapping permit, the authority\nmust—\n(a) grant the permit of the type applied for; or\n(b) refuse to grant the permit.\n(2) In deciding whether to grant the trapping permit, the authority must\nconsider—\n(a) the species of animals to be trapped; and\n(b) the experience and competency of the applicant, and the\napplicant’s employees and agents, in trapping the animals; and\n(c) the adequacy of the applicant’s traps and other trapping\nequipment; and\nfurther information under section 63 (2); and\n\n(e) whether the applicant has, within the 3 years immediately before\n(f) any criteria prescribed by regulation.\n(3) Subsection (2) does not limit the matters that the authority may\nrenewal, of a trapping permit, means the grant of the permit that is to\nbegin on the day after the day the permit being renewed ends.\n","sortOrder":105},{"sectionNumber":"65","sectionType":"section","heading":"Trapping permit conditions","content":"65 Trapping permit conditions\n(1) A trapping permit is subject to any condition—\n(b) put on the permit by the authority that the authority believes on\nExamples of conditions that may be put on a trapping permit\n1 a condition about the species of animals to be trapped\n2 a condition about the areas in which traps are to be set\n3 a condition about the traps and other trapping equipment to be used\n4 a condition about the welfare of any animals that may be affected by the\nproposed trapping activities\n5 that an approved code of practice must be complied with\nNote The authority may amend a trapping permit (including by putting a\ncondition on the permit, or amending or removing a condition of the\npermit) at any time (see s 71).\n\n(a) is a trapping permit-holder; and\n(b) fails to comply with a condition of the trapping permit.\n","sortOrder":106},{"sectionNumber":"66","sectionType":"section","heading":"Form of trapping permit","content":"66 Form of trapping permit\nA trapping permit must—\n(b) state the full name and address of the person to whom the permit\n(c) state the period for which the permit is granted; and\n(d) state any condition put on the permit by the authority.\n","sortOrder":107},{"sectionNumber":"67","sectionType":"section","heading":"Term of trapping permit","content":"67 Term of trapping permit\nA trapping permit is granted for the period of not longer than 3 years\nstated in the permit, and remains in force subject to this Act.\n","sortOrder":108},{"sectionNumber":"68","sectionType":"section","heading":"Trapping permit-holders—request for information and","content":"68 Trapping permit-holders—request for information and\ndocuments\nThe authority may, in writing, require a trapping permit-holder to\ngive the authority information in writing or documents that the\nauthority reasonably needs to exercise its functions under this Act in\nrelation to the trapping permit.\ninformation about gas cylinders used in trapping by a trapping permit-holder\n\n","sortOrder":109},{"sectionNumber":"69","sectionType":"section","heading":"Trapping permit renewal","content":"69 Trapping permit renewal\n(a) an application is made under section 63 (Application for\ntrapping permit) by a trapping permit-holder; and\n(b) the application is for renewal of the trapping permit-holder’s\ntrapping permit; and\ntrapping permit term ends.\n(2) The trapping permit remains in force, subject to this Act, until the\napplication is decided under section 64 (Decision about trapping\npermit application).\n(3) If the authority grants the trapping permit applied for, the renewal of\nthe permit begins on the day after the day the permit being renewed\n(4) A suspended trapping permit may be renewed, but the renewed permit\nis suspended until the suspension ends.\nrenewal, of a trapping permit, means the grant of the permit that is to\nbegin on the day after the day the permit being renewed ends.\n","sortOrder":110},{"sectionNumber":"70","sectionType":"section","heading":"Trapping permit-holder to notify change of name or","content":"70 Trapping permit-holder to notify change of name or\naddress\n(1) If a trapping permit-holder changes the permit-holder’s name or\naddress, the permit-holder must, as soon as practicable but not later\nthan 14 days after the day the change happens, tell the authority, in\nwriting, about the change.\n\n","sortOrder":111},{"sectionNumber":"71","sectionType":"section","heading":"Amendment of trapping permit","content":"71 Amendment of trapping permit\n(1) The authority may amend a trapping permit at any time in accordance\nwith this section if it believes on reasonable grounds that the\namendment is reasonable or necessary in the interests of animal\n(2) The authority may amend a trapping permit on its own initiative or\non application by the trapping permit-holder.\n(3) The authority may amend a trapping permit on its own initiative only\nif the authority has—\n(a) given the trapping permit-holder written notice of the proposed\n(b) considered any comments made by the permit-holder in\n(b) invite the trapping permit-holder to give the authority any\ncomments about the amendment before the end of a stated\nperiod of at least 14 days after the day the notice is given to the\n(6) The amendment of a trapping permit takes effect on—\ntrapping permit-holder; or\n\n(7) A trapping permit amended under this section must be returned to the\nauthority as soon as practicable, but not later than 7 days after the day\nthe notice of the decision to amend is given to the trapping\namend, a trapping permit, includes putting a condition on the permit,\nor amending or removing a condition of the permit.\n","sortOrder":112},{"sectionNumber":"72","sectionType":"section","heading":"Surrender of trapping permits","content":"72 Surrender of trapping permits\n(1) A trapping permit-holder may surrender the trapping permit by giving\nthe authority written notice of the surrender and the permit.\n(a) the day the notice is given to the authority under subsection (1);\nor\n\n","sortOrder":113},{"sectionNumber":"73A","sectionType":"section","heading":"Definitions—pt 6A","content":"73A Definitions—pt 6A\napproval means—\n(a) an authorisation; or\n(b) a circus permit; or\n(c) a licence; or\n(d) a pet business licence; or\n(e) a trapping permit; or\n(f) a travelling zoo permit.\napproved person means the holder of an approval.\nregulatory body means—\n(a) for an authorisation holder—the animal ethics committee; or\n(b) for a circus permit-holder, licensee, licensed pet business,\ntrapping permit-holder or travelling zoo permit-holder—the\nauthority.\n","sortOrder":114},{"sectionNumber":"73B","sectionType":"section","heading":"Grounds for regulatory action","content":"73B Grounds for regulatory action\n(1) Each of the following is a ground for regulatory action against an\napproved person:\n(a) the person gave information to the regulatory body in relation to\nthe application for the grant or renewal of the person’s approval\nthat was false or misleading in a material particular;\n\n(b) the regulatory body becomes aware of a circumstance that, if the\nregulatory body had been aware of it when the application for\napproval was decided, would have resulted in the application\nbeing refused;\n(c) the person contravened a condition of the person’s approval;\n(d) the person failed to return an approval as required under the\nrelevant provision;\n(e) the person has been convicted or found guilty of a defined\noffence—\n(i) within the 3 years immediately before the date of the\napplication for the person’s approval; or\n(ii) while an approved person; or\n(iii) during any suspension of the person’s approval;\n(f) if the regulatory body believes on reasonable grounds that it\nwould refuse an application by the person for an approval of the\nkind held by the person on the grounds mentioned in the relevant\nsection.\napproved person includes, if the person is a corporation, each\nexecutive officer of the corporation.\nrelevant provision means—\n(a) for a licensed pet business—section 24N (Amendment of pet\n(b) for a licensee—section 34 (7) (Amendment of licence); or\n(c) for an authorisation holder—section 46 (7) (Amendment of\nauthorisation); or\n(d) for a circus or travelling zoo permit-holder—section 59A (7)\n(Amendment of circus or travelling zoo permit); or\n\n(e) for a trapping permit-holder—section 71 (7) (Amendment of\ntrapping permit).\nrelevant section means—\n(a) for a licensed pet business—section 24G (2) (Issue of pet\n(b) for a licensee—section 27 (2) (a), (b), (c), (e) or (g) or (3)\n(Decision about licence application); or\n(c) for an authorisation holder—section 38 (2) (a), (c) or (e) or (3)\n(Decision about authorisation application); or\n(d) for a circus or travelling zoo permit-holder—section 55 (4) (a),\n(b), (c), (e) or (g) or (5) (Decision about circus or travelling zoo\npermit application); or\n(e) for a trapping permit-holder—section 64 (2) (a), (b), (c) or (f) or\n(3) (Decision about trapping permit application).\n","sortOrder":115},{"sectionNumber":"73C","sectionType":"section","heading":"Regulatory action","content":"73C Regulatory action\nEach of the following is regulatory action when taken against an\napproved person:\n(a) putting a condition on, or amending a condition put on, the\nperson’s approval;\n(b) suspending the person’s approval for a stated period or until a\nstated thing happens;\n(c) cancelling the person’s approval;\n(d) cancelling the person’s approval and disqualifying the person\nfrom applying for an approval of that kind for a stated period or\nuntil a stated thing happens.\n\n","sortOrder":116},{"sectionNumber":"73D","sectionType":"section","heading":"Taking regulatory action","content":"73D Taking regulatory action\n(1) If the regulatory body proposes to take regulatory action in relation\nto an approved person, the regulatory body must give the person a\nwritten notice (a regulatory notice) that—\n(a) states the details of the proposed regulatory action; and\n(b) states the grounds for the proposed regulatory action; and\n(c) tells the person that the person may, not later than 14 days after\nthe day the person is given the notice, give a written response to\nthe regulatory body about the proposed regulatory action.\n(2) In deciding whether to take the proposed regulatory action, the\nregulatory body must consider any response given to the body in\naccordance with the regulatory notice.\n(3) If the regulatory body believes on reasonable grounds that a ground\nfor taking the proposed regulatory action has been established in\nrelation to the approved person, the body may—\n(a) take the regulatory action stated in the regulatory notice; or\n(b) if the proposed regulatory action is the cancellation and\ndisqualification mentioned in section 73C (d)—\n(i) cancel the person’s approval; or\n(ii) suspend the person’s approval as mentioned in section 73C\n(b); or\n(iii) put a condition on, or amend a condition put on, the\nperson’s approval; or\n(c) if the proposed regulatory action is the cancellation of the\nperson’s approval—\n(i) suspend the person’s approval as mentioned in section 73C\n(b); or\n\n(ii) put a condition on, or amend a condition put on, the\nperson’s approval; or\n(d) if the proposed regulatory action is the suspension of the\nperson’s approval as mentioned in section 73C (b)—\n(i) suspend the approval for a shorter period; or\n(ii) put a condition on, or amend a condition put on, the\nperson’s approval.\nNote Section 107A provides that the regulatory body must give written notice\nof the decision to each person affected by the decision.\n(4) Regulatory action under this section takes effect on—\n(a) the day the notice of the decision is given to the approved\nperson; or\nground for regulatory action against an approved person—see\nsection 73B (Grounds for regulatory action).\nregulatory action—see section 73C (Regulatory action).\n","sortOrder":117},{"sectionNumber":"73E","sectionType":"section","heading":"Immediate suspension","content":"73E Immediate suspension\n(a) the regulatory body gives, or has given, a regulatory notice\nunder section 73D to an approved person; and\n(b) having regard to the grounds stated in the notice, the regulatory\nbody believes on reasonable grounds that the person’s approval\nshould be suspended immediately in the interests of animal\n(2) The regulatory body must give the approved person a written notice\n(the immediate suspension notice) suspending the person’s approval.\n\n(3) The suspension of an approved person’s approval under this section\ntakes effect when the immediate suspension notice is given to the\n(4) The suspension of an approved person’s approval under this section\nends—\n(a) if regulatory action is taken against the person under\nsection 73D because of the regulatory notice—when the\nregulatory action takes effect, or 30 days after the day the\nimmediate suspension notice is given to the person, whichever\nis the earlier; or\n(b) if regulatory action is not taken against the person under\nsection 73D because of the regulatory notice—when the person\nis given written notice of the regulatory body’s decision not to\ntake regulatory action, or 30 days after the day the immediate\nsuspension notice is given to the person, whichever is the earlier.\n","sortOrder":118},{"sectionNumber":"73F","sectionType":"section","heading":"Effect of suspension","content":"73F Effect of suspension\n(1) A suspended approval does not authorise the carrying on of any\nactivity under the approval during the suspension.\n(2) If the regulatory body suspends an authorisation holder’s approval,\nthe person is, during the suspension—\n(a) taken not to hold the approval; and\n(b) disqualified from applying for an approval.\n","sortOrder":119},{"sectionNumber":"73G","sectionType":"section","heading":"Return of amended, suspended or cancelled approvals","content":"73G Return of amended, suspended or cancelled approvals\n(1) An approved person commits an offence if—\n(a) the person’s approval is amended, suspended or cancelled under\nthis part; and\n\n(b) the approved person fails to return the approval to the regulatory\nbody as soon as practicable, but not later than 7 days after the\nday the approved person is given notice under section 107A\n(Reviewable decision notices).\n(3) An approved person may return an approval by giving the regulatory\nbody—\n(a) for an approval given electronically—a written statement that\nthe approved person surrenders the approval; or\n(b) in any other case—the approval.\n","sortOrder":120},{"sectionNumber":"73H","sectionType":"section","heading":"Action by regulatory body in relation to amended or","content":"73H Action by regulatory body in relation to amended or\nsuspended approval\n(a) an approval is—\n(i) amended under a relevant section; or\n(ii) amended or suspended under this part; and\n(b) the approval is returned to the regulatory body.\n(2) For an amended approval, the regulatory body must—\n(a) return the amended approval to the approved person; or\n(b) give the person a replacement approval that includes the\namendment.\n(3) If an approval is suspended under this part and the suspension ends\nbefore the end of the term of the approval, the regulatory body must\nreturn the approval to the approved person.\n\nrelevant section means—\n(a) for a licensed pet business—section 24N (Amendment of pet\n(b) for a licence—section 34 (Amendment of licence); or\n(c) for an authorisation—section 46 (Amendment of authorisation);\nor\n(d) for a circus or travelling zoo permit—section 59A (Amendment\nof circus or travelling zoo permit); or\n(e) for a trapping permit—section 71 (Amendment of trapping\npermit).\n\nPreliminary Division 7.1\n","sortOrder":121},{"sectionNumber":"Div 7","sectionType":"division","heading":"1 Preliminary","content":"Division 7.1 Preliminary\n","sortOrder":122},{"sectionNumber":"74","sectionType":"section","heading":"Definitions—pt 7","content":"74 Definitions—pt 7\nconnected—an animal or thing is connected with a particular offence\nif—\n(a) it is an animal or thing in relation to which the offence has been\ncommitted; or\n(b) it will provide evidence of the offence; or\n(c) it was used, or is or was intended to be used, to commit the\noffence.\noccupier, of premises that an inspector or authorised officer is\nauthorised to enter under this part, includes a person the inspector or\nofficer believes on reasonable grounds to be the occupier, or to be in\ncharge, of the premises.\noffence means—\n(a) any conduct engaged in, whether by an act or omission, that\nthere are reasonable grounds for believing is an offence; or\n(b) an offence (within the meaning of paragraph (a)) that there are\nreasonable grounds for believing has been, or will be,\ncommitted.\n","sortOrder":123},{"sectionNumber":"75","sectionType":"section","heading":"Protection from liability","content":"75 Protection from liability\n(1) A person is not personally liable for conduct done honestly and\nwithout recklessness—\n(a) in the exercise of a function under this part; or\n\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this part.\n(2) Any liability that would, apart from this section, attach to the person\nattaches instead to the Territory.\nconduct means an act or an omission to do an act.\n","sortOrder":124},{"sectionNumber":"75A","sectionType":"section","heading":"Public access","content":"75A Public access\nThe authority must ensure that a copy of any report received by the\nauthority under section 89 (1) is available for public inspection free\nof charge at the office of the authority.\n","sortOrder":125},{"sectionNumber":"76","sectionType":"section","heading":"Inspectors","content":"76 Inspectors\n(1) The director-general may appoint a person as an inspector.\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The following are also inspectors:\n(a) the authority;\n(b) a police officer.\n\nInspectors and authorised officers Division 7.2\n","sortOrder":126},{"sectionNumber":"77","sectionType":"section","heading":"Authorised officers","content":"77 Authorised officers\n(1) The director-general may appoint a public servant who is a veterinary\npractitioner as an authorised officer.\nnominating the occupant of a position (see Legislation Act, s 207)\n(2) The authority is also an authorised officer if the authority is—\n(a) accompanied by a veterinary practitioner; or\n(b) following the written advice of a veterinary practitioner.\n","sortOrder":127},{"sectionNumber":"78","sectionType":"section","heading":"Identity cards","content":"78 Identity cards\n(1) This section applies to a person holding any of the following\npositions:\n(a) inspector (other than a police officer);\n(b) authorised officer;\n(c) the authority;\n(d) delegate of the authority with any delegated powers of an\ninspector.\n(2) The director-general must give the person an identity card stating the\nperson’s name and position.\n(3) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n\n(4) A person commits an offence if—\n(a) the person stops being a person to whom this section applies;\nand\n(b) the person does not return the person’s identity card to the\ndirector-general as soon as practicable, but no later than 7 days\nafter the day the person stops being a person to whom this\nsection applies.\n(5) An offence against this section is a strict liability offence.\n","sortOrder":128},{"sectionNumber":"80","sectionType":"section","heading":"Definitions—div 7.3","content":"80 Definitions—div 7.3\nbusiness premises means premises used for business or professional\npurposes, other than a part used for residential purposes.\npremises, in relation to the exercise of an inspector’s powers, means\nany premises except those which the inspector believes on reasonable\ngrounds are being used for—\n(a) the purposes of research, or teaching, using animals; or\n(b) the acquisition, breeding or keeping of animals for such\npurposes.\n","sortOrder":129},{"sectionNumber":"81","sectionType":"section","heading":"Powers of entry and search","content":"81 Powers of entry and search\n(1) Subject to this section, if an inspector believes on reasonable grounds\nthat it is necessary to do so for the purposes of this Act, the inspector\nmay—\n(a) enter any premises; and\n\n(b) exercise any power—\n(i) under section 82; or\n(ii) for the purposes of section 85.\n(2) For subsection (1), an inspector may—\n(a) enter any premises at any time with the consent of the occupier\nof the premises; or\nNote The procedures for obtaining consent are set out in s 88.\n(b) enter business premises during business hours at the premises;\nor\n(c) enter premises in accordance with a warrant under section 90; or\n(d) enter premises at any time if the inspector believes on reasonable\ngrounds that serious and urgent circumstances require the\nimmediate exercise of any of the inspector’s powers without a\nwarrant.\n(3) An inspector who enters premises under subsection (2) (d) may have\nreasonable assistance and use reasonable force to enter the premises.\n(4) An inspector who enters premises under this section may take into the\npremises any people, equipment or material the inspector reasonably\nneeds for exercising a power under this Act.\n(5) This section does not authorise an inspector to enter an abattoir\nunless—\n(a) the inspector is a veterinary practitioner; or\n(b) if the inspector is not a veterinary practitioner —the inspector\nenters those premises with a veterinary practitioner.\n(6) If a power is exercised in accordance with subsection (1) in relation\nto a vehicle, the relevant inspector may stop and detain the vehicle for\nthe purpose of the exercise of that power.\n\n","sortOrder":130},{"sectionNumber":"81A","sectionType":"section","heading":"Power to seize animals—inspectors","content":"81A Power to seize animals—inspectors\nAn inspector may—\n(a) seize any animal that the inspector believes on reasonable\ngrounds to be connected with an offence; or\n(b) seize any dependant offspring of an animal seized under\nparagraph (a); or\n(c) seize any animal that the inspector believes on reasonable\ngrounds is kept by, or in the care or control of, a person in\ncontravention of—\n(i) a temporary prohibition order under section 86E (2)\n(Temporary prohibition on animal ownership etc); or\n(ii) an interim order under section 100A (2) (Animal\noffences—court orders (interim)); or\n(iii) an order under section 101 (4) (Animal offences—court\norders (general)); or\n(iv) an order under section 101A (2) (Animal offences—\npermanent prohibition on animal ownership etc); or\n(v) an order under section 101C (Prohibition order in special\ncircumstances).\n","sortOrder":131},{"sectionNumber":"82","sectionType":"section","heading":"Powers of inspectors","content":"82 Powers of inspectors\n(1) Subject to subsection (2), an inspector who enters premises in\naccordance with section 81 may, if the inspector believes it on\nreasonable grounds to be necessary for the purposes of this Act—\n(a) examine any animal in or on the premises; or\n(b) give assistance to any animal on the premises; or\n(c) inspect the premises and anything in or on the premises\n(including a document); or\n\n(d) take copies of, or extracts from, any document in or on the\npremises; or\n(e) take photographs or make films or videotapes of the premises or\nany animal or thing in or on the premises; or\n(f) seize anything (including a document), that the inspector\nbelieves on reasonable grounds to be connected with an offence;\nor\n(g) require any person in or on the premises to give the inspector\nsuch assistance as is reasonable to enable the inspector to\nexercise the inspector’s powers under this section; or\n(h) ask questions of any person in or on the premises where the\ninspector considers it reasonable to enable the inspector to\nexercise powers under this section.\n(2) An inspector must not—\n(a) give a document seized under subsection (1) to someone else\n(other than the authority); or\n(b) give a copy of a document inspected or seized under\nsubsection (1) to someone else (other than the authority); or\n(c) communicate to someone else (other than the authority) the\ncontents of a document inspected or seized under subsection (1);\nor\n(d) give any information obtained under subsection (1) to someone\nelse (other than the authority).\n(3) Subsection (2) does not apply if the document or copy is given, or the\ncommunication is made for the purposes of the investigation or\nprosecution of an offence.\n\n(4) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (g).\n","sortOrder":132},{"sectionNumber":"82A","sectionType":"section","heading":"Direction to give personal details—inspector","content":"82A Direction to give personal details—inspector\n(1) This section applies if an inspector believes on reasonable grounds\nthat a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) The inspector may direct the person to give the inspector,\nimmediately, any of the following personal details:\n(a) the person’s full name;\n(b) the person’s home address;\n(c) the person’s date of birth.\n(3) However, before asking the person for any personal details under\nsubsection (2), the inspector must show the person the inspector’s\nidentity card.\n(4) If the inspector believes on reasonable grounds that a personal detail\ngiven by a person in response to a direction under subsection (2) is\nfalse or misleading, the inspector may direct the person to produce\nevidence immediately of the correctness of the detail.\n(5) If an inspector gives a direction under this section to a person, the\ninspector must tell the person that it is an offence if the person fails\nto comply with the direction.\n\n(6) A person commits an offence if—\n(a) an inspector shows the person the inspector’s identity card; and\n(b) the inspector directs the person under subsection (2) to give the\ninspector the person’s personal details; and\n(c) the person does not give the inspector the personal details.\nMaximum penalty: 15 penalty units.\n(7) An offence against this section is a strict liability offence.\n","sortOrder":133},{"sectionNumber":"82B","sectionType":"section","heading":"Offence—fail to comply with inspector’s direction to give","content":"82B Offence—fail to comply with inspector’s direction to give\nname and address\n(a) is subject to a direction under section 82A (2); and\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) This section does not apply to a person if the inspector did not\nproduce the inspector’s identity card for inspection by the person if\nasked.\n(4) This section does not apply to a person if the inspector did not, before\ngiving the direction, warn the person that failure to comply with the\ndirection is an offence.\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n\n","sortOrder":134},{"sectionNumber":"83","sectionType":"section","heading":"Research and educational institutions—powers of entry","content":"83 Research and educational institutions—powers of entry\nand search\n(1) Subject to this section, if an authorised officer believes on reasonable\ngrounds that it is necessary to do so for the purposes of this Act, the\nofficer may—\n(a) enter any premises the officer believes on reasonable grounds is\nbeing used for—\n(i) the purposes of research, or teaching, using animals; or\n(ii) the acquisition, breeding or keeping of animals for such\npurposes; and\n(b) exercise any power—\n(i) under section 84; or\n(ii) for the purposes of section 85.\n(2) For subsection (1), an authorised officer may enter premises\nmentioned in subsection (1) (a)—\n(a) at any time with the consent of the occupier of the premises; or\nNote The procedures for obtaining consent are set out in s 88.\n(b) in accordance with a warrant under section 90; or\n(c) at any time if the officer believes on reasonable grounds that\nserious and urgent circumstances require the immediate exercise\nof any of the officer’s powers without a warrant.\n(3) An authorised officer who enters premises under subsection (2) (c)\nmay have reasonable assistance and use reasonable force to enter the\npremises.\n\nPowers of authorised officers Division 7.4\n(4) An authorised officer who enters premises under this section may\ntake into the premises any people, equipment or material the officer\nreasonably needs for exercising a power under this Act.\n(5) If a power is exercised in accordance with subsection (1) in relation\nto a vehicle, the relevant officer may stop and detain the vehicle for\nthe purpose of the exercise of that power.\n","sortOrder":135},{"sectionNumber":"83A","sectionType":"section","heading":"Power to seize animals—authorised officers","content":"83A Power to seize animals—authorised officers\nAn authorised officer may—\n(a) seize any animal that the officer believes on reasonable grounds\nto be connected with an offence; or\n(b) seize any dependant offspring of an animal seized under\nparagraph (a); or\n(c) seize any animal that the officer believes on reasonable grounds\nis kept by, or in the care or control of, a person in contravention\nof—\n(i) a temporary prohibition order under section 86E (2)\n(Temporary prohibition on animal ownership etc); or\n(ii) an interim order under section 100A (2) (Animal\noffences—court orders (interim)); or\n(iii) an order under section 101 (4) (Animal offences—court\norders (general)); or\n(iv) an order under section 101A (2) (Animal offences—\npermanent prohibition on animal ownership etc); or\n(v) an order under section 101C (Prohibition order in special\ncircumstances).\n\n","sortOrder":136},{"sectionNumber":"84","sectionType":"section","heading":"Powers of authorised officers","content":"84 Powers of authorised officers\n(1) Subject to subsection (2), an authorised officer who enters premises\nin accordance with section 83 may, if the officer believes it on\nreasonable grounds to be necessary for the purposes of this Act—\n(a) examine any animal in or on the premises; or\n(b) give assistance to any animal on the premises; or\n(c) take a sample of tissue, blood, urine or other bodily material\nfrom an animal or carcass on the premises; or\n(d) inspect the premises and anything in or on the premises\n(including a document); or\n(e) take copies of, or extracts from, any document in or on the\npremises; or\n(f) take photographs or make films or videotapes of the premises or\nany animal or thing in or on the premises; or\n(g) seize anything (including a document), that the officer believes\non reasonable grounds to be connected with an offence; or\n(h) ask questions of any person in or on the premises if the officer\nconsiders it reasonable to enable the officer to exercise powers\nunder this section.\n(2) An authorised officer must not—\n(a) give a document seized under subsection (1) to someone else\n(other than the authority); or\n(b) give a copy of a document inspected or seized under\nsubsection (1) to someone else (other than the authority); or\n(c) communicate to someone else (other than the authority) the\ncontents of a document inspected or seized under subsection (1).\n\nPowers of authorised officers Division 7.4\n(3) Subsection (2) does not apply if the document or copy is given, or the\ncommunication is made for the purposes of the investigation or\nprosecution of an offence.\n(4) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (j).\n84AA Direction to give name and address—authorised officer\n(1) This section applies if an authorised officer believes on reasonable\ngrounds that a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nthis Act.\n(2) The authorised officer may direct the person to give the authorised\nofficer, immediately, any of the following personal details:\n(a) the person’s full name;\n(b) the person’s home address.\n(3) The person may ask the authorised officer to produce the authorised\nofficer’s identity card for inspection by the person.\n(4) If the authorised officer believes on reasonable grounds that a\npersonal detail given by a person in response to a direction under\nsubsection (2) is false or misleading, the authorised officer may direct\nthe person to produce evidence immediately of the correctness of the\ndetail.\n\n(5) If an authorised officer gives a direction under this section to a person,\nthe authorised officer must tell the person that it is an offence if the\nperson fails to comply with the direction.\n84AB Offence—fail to comply with authorised officer’s direction\nto give name and address\n(a) is subject to a direction under section 84AA (2); and\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) This section does not apply to a person if the authorised officer did\nnot produce the authorised officer’s identity card for inspection by the\nperson if asked.\n(4) This section does not apply to a person if the authorised officer did\nnot, before giving the direction, warn the person that failure to comply\nwith the direction is an offence.\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n\nPowers of veterinary practitioners Division 7.5\nDivision 7.5 Powers of veterinary practitioners\n","sortOrder":137},{"sectionNumber":"84A","sectionType":"section","heading":"Powers of veterinary practitioners regarding seized","content":"84A Powers of veterinary practitioners regarding seized\nanimals and carcasses\n(1) A veterinary practitioner may take a sample of tissue, blood, urine or\nother bodily material from an animal or carcass seized under this Act.\n(2) A veterinary practitioner may perform a post-mortem on—\n(a) a dead seized animal; or\n(b) a seized carcass.\n\nDivision 7.6 Alleviation of suffering—powers of inspectors, authorised officers and\nDivision 7.6 Alleviation of suffering—powers of\ninspectors, authorised officers and\n85 Inspectors and authorised officers\n(1) This section applies if an inspector or an authorised officer believes\non reasonable grounds—\n(a) that an animal has not been given a thing mentioned in\nsection 6B (Failure to provide appropriate care); or\n(b) that an animal is so severely injured, so overworked, so diseased\nor in such a physical condition that it is necessary that the animal\nbe provided with veterinary treatment; or\n(c) that—\n(i) an animal is so severely injured or diseased, or in such a\npoor physical condition, that it is cruel to keep it alive; and\n(ii) the animal is not about to be destroyed, or is about to be\ndestroyed in a manner that will inflict unnecessary pain on\nthe animal.\n(2) If this section applies, the relevant inspector or authorised officer\nmay—\n(a) seize the animal; and\n(b) give assistance to the animal; and\n(c) remove the animal to any place that the inspector or officer\nthinks fit; and\n(d) in the case of an animal referred to in subsection (1) (c)—destroy\nthe animal, or cause it to be destroyed, in a manner that causes\nit to die quickly and without unnecessary pain.\n\nAlleviation of suffering—powers of inspectors, authorised officers and\nDivision 7.6\n(3) An inspector must only exercise a power referred to in subsection (2)\n(d) with the written consent of a person in charge of the relevant\nanimal, unless—\n(a) the inspector, after making reasonable enquiries, is unable to\nlocate such a person; or\n(b) the inspector is a veterinary practitioner.\n(4) The reasonable expenses incurred by an inspector or authorised\nofficer in the exercise of a power under subsection (2) in relation to\nan animal may be recovered by the Territory from the owner of the\nanimal as a debt in a court of competent jurisdiction.\n(5) If subsection (1) (a) or (b) applies, the relevant inspector or authorised\nofficer may, instead of exercising the powers referred to in\nsubsection (2) (a), (b) or (c), give a person in charge of the relevant\nanimal directions in writing requiring that person—\n(a) to provide the animal with such specified rest, food, water,\nshelter, treatment or care as is necessary in the interests of the\nanimal’s welfare; and\n(b) if necessary, to consult a veterinary practitioner about the\ncondition of the animal within such a specified period as is\nreasonable in the circumstances; and\n(c) state a reasonable time within which the person must give the\ninspector or authorised officer evidence that the direction has\nbeen complied with.\n(6) A direction under subsection (5) must be—\n(a) personally served on the person; and\n(b) when served, explained to the person.\n(7) A person commits an offence if the person—\n(a) is given a direction under subsection (5); and\n\nDivision 7.6 Alleviation of suffering—powers of inspectors, authorised officers and\n(8) An offence against this section is a strict liability offence.\n","sortOrder":138},{"sectionNumber":"86","sectionType":"section","heading":"Veterinary practitioners","content":"86 Veterinary practitioners\n(1) If, in the opinion of a veterinary practitioner—\n(a) an animal is so severely injured, so diseased or in such a physical\ncondition that it is cruel to keep it alive; and\n(b) the animal is not about to be destroyed, or is about to be\ndestroyed in a manner that will inflict unnecessary pain on the\nanimal;\nthe veterinary practitioner may—\n(c) seize the animal; and\n(d) give assistance to the animal; and\n(e) remove the animal to such place as the veterinary practitioner\nthinks fit; and\n(f) destroy the animal, or cause it to be destroyed, in a manner that\ncauses it to die quickly and without unnecessary pain.\n(2) The reasonable expenses incurred by a veterinary practitioner in the\nexercise of a power conferred by subsection (1) in relation to an\nanimal may be recovered from the owner of the animal as a debt in a\ncourt of competent jurisdiction.\n\nDealing with seized animals Division 7.6A\n","sortOrder":139},{"sectionNumber":"86A","sectionType":"section","heading":"Animal welfare entities","content":"86A Animal welfare entities\n(1) In this Act:\nanimal welfare entity means—\n(a) the RSPCA; or\n(b) an entity declared by the Minister.\n(2) The Minister may make guidelines about the way an animal welfare\nentity may deal with a seized animal under this division.\n(3) A declaration of an animal welfare entity or a guideline is a notifiable\ninstrument.\nRSPCA means the Royal Society for the Prevention of Cruelty to\nAnimals (ACT) Inc ABN 35 730 738 037.\n","sortOrder":140},{"sectionNumber":"86B","sectionType":"section","heading":"Accommodation of seized animals","content":"86B Accommodation of seized animals\n(1) The authority must accommodate a seized animal by—\n(a) if the authority is reasonably satisfied that the animal can be kept\nunder suitable care by the person in charge of the animal—\nreturning the animal to the care of the person under stated\nwritten conditions; or\n(b) if the authority is not satisfied that the animal can be kept under\nsuitable care by the person in charge of the animal—placing the\nanimal in the care of an animal welfare entity; or\n(c) if the animal cannot be placed in the care of an animal welfare\nentity—impounding the animal.\n(2) A condition mentioned in subsection (1) (a) may include—\n(a) a condition prescribed by regulation; and\n\n(b) any other condition the authority considers appropriate to ensure\nthe welfare and appropriate care of the animal.\n(a) an animal is returned to the person’s care under stated written\nconditions; and\n(b) the person fails to comply with a condition.\n","sortOrder":141},{"sectionNumber":"86C","sectionType":"section","heading":"Selling or rehoming seized animals","content":"86C Selling or rehoming seized animals\n(1) The authority may—\n(a) sell a seized animal; or\n(b) give a seized animal to an animal welfare entity for selling or\nrehoming.\n(2) Before selling or rehoming an animal, the authority must—\n(a) if the identity of the person in charge of the animal is not\nknown—make reasonable enquires to find out who the person\nin charge is; or\n(b) if the identity of the person in charge of the animal is known—\ngive the person written notice of the authority’s intention to sell\nor rehome the animal.\n(3) The authority may only sell or rehome an animal if—\n(a) the authority is satisfied on reasonable grounds it is in the best\ninterest of the welfare of the seized animal; and\n(b) the authority knows the identity of the person in charge of the\nanimal and has given notice to the person under\nsubsection (2) (b); and\n\nDealing with seized animals Division 7.6A\n(c) the person—\n(i) does not, within 14 days after the day the notice is given\n(the application period), apply to the ACAT under\nsection 108 for review of the decision; or\n(ii) applies to the ACAT under section 108 for review of the\ndecision within the application period and the authority’s\ndecision to sell or rehome the animal is confirmed.\n","sortOrder":142},{"sectionNumber":"86D","sectionType":"section","heading":"Destroying seized animals","content":"86D Destroying seized animals\n(1) This section applies if the authority believes on reasonable grounds\nthat a seized animal is so severely injured or diseased, or in such poor\nphysical condition, that it is cruel to keep the animal alive.\n(2) The authority may—\n(a) with the written consent of the person in charge of the animal,\ndestroy the animal or cause it to be destroyed, in a way that\ncauses it to die quickly and without unnecessary pain; or\n(b) give the animal to a veterinary practitioner so that the\npractitioner may destroy the animal in a way that causes it to die\nquickly and without unnecessary pain.\n(3) The reasonable expenses incurred by the authority in the exercise of\na power under subsection (2) in relation to an animal may be\nrecovered by the Territory from the owner of the animal as a debt in\na court of competent jurisdiction.\n","sortOrder":143},{"sectionNumber":"86E","sectionType":"section","heading":"Temporary prohibition on animal ownership etc","content":"86E Temporary prohibition on animal ownership etc\n(a) a domestic animal is seized under this Act; and\n(b) a proceeding (a relevant proceeding) has not been started in a\ncourt against a person in charge of the animal for an offence\nagainst part 2 (Animal welfare offences); and\n\n(c) the authority reasonably believes that an animal’s welfare is, or\nwould be, at serious risk if the person were to own, keep, care\nfor or control the animal.\n(2) The authority may, in writing, prohibit (a prohibition order) the\nperson individually or jointly with another person from—\n(a) purchasing or acquiring an animal within the period stated in the\n(b) keeping, caring for or controlling an animal within the period\nstated in the order.\n(3) In making a prohibition order, the authority—\n(a) must consider—\n(i) the welfare of the seized animal and any other animal\nowned, kept, cared for or controlled by the person; and\n(ii) the likelihood the person has, or will, commit an offence\nagainst this Act; and\n(iii) any conviction or finding of guilt of the person against an\noffence under a territory law, or the law of a State, in\nrelation to animal welfare; and\nNote State includes the Northern Territory (see Legislation Act,\ndict, pt 1).\n(b) may state that the order ends if stated conditions are met by the\n(4) The prohibition order ends on the earlier of—\n(a) the day a relevant proceeding starts; or\n(b) the day stated by the authority in the prohibition order; or\n(c) if a condition is stated under subsection (3) (b)—the day the\nauthority confirms in writing that the condition has been met; or\n(d) 6 months after the day the prohibition is made.\n\nConsent to entry, reports and search warrants Division 7.7\n(5) A person commits an offence if the person fails to comply with a\nprohibition order.\nMaximum penalty: 100 penalty units.\n(6) Subsection (3) does not limit the matters the authority may consider.\nDivision 7.7 Consent to entry, reports and search\nwarrants\n87 Definition of officer—div 7.7\nofficer means an inspector or an authorised officer.\n88 Consent to entry\n(1) This section applies if the consent of the occupier of premises is\nsought by an inspector or an authorised officer for entry to the\npremises for section 81 or section 83.\n(2) If this section applies, before seeking the consent of the occupier of\npremises for entering premises, an officer must inform the occupier\nthat the occupier may refuse to give that consent.\n(3) If this section applies and an officer obtains consent from an occupier\nto enter premises, the officer must ask the occupier to sign an\nacknowledgment—\n(a) that the occupier has been informed that the occupier may refuse\nto give that consent; and\n(b) that the occupier has given the officer consent, for that\nprovision, to enter the premises and to exercise the powers of an\nofficer under section 82, section 84 or section 85; and\n(c) of the day on which, and the time at which, that consent was\ngiven.\n\nDivision 7.7 Consent to entry, reports and search warrants\n(4) If this section applies, an officer is not authorised to remain on the\npremises if, on request by or on behalf of the occupier of the premises,\nthe officer does not show the officer’s identity card to the occupier.\n(5) If a police officer exercises the power of an inspector to enter\npremises, subsection (4) only applies if the police officer is not in\nuniform.\n(6) If it is material, in any proceedings, for a court to be satisfied, for this\nsection, of the consent of an occupier, and an acknowledgment in\naccordance with subsection (3) is not produced in evidence, it must\nbe presumed that the occupier did not consent unless the contrary is\nestablished.\n","sortOrder":144},{"sectionNumber":"89","sectionType":"section","heading":"Reports","content":"89 Reports\n(1) If, for an inspection under this part—\n(a) an inspector enters commercial premises; or\n(b) an authorised officer enters licensed premises;\nwith the occupier’s consent, the inspector or authorised officer must,\nwithin 30 days after that entry, provide the occupier with a written\nreport of the inspection.\n(2) A report under subsection (1) must contain—\n(a) a description of the inspection, and of any action taken by the\nofficer or the authority as a result of the inspection; and\n(b) comments about any other matters connected with the welfare\nof animals kept on the premises as are reasonably requested by\nthe occupier; and\n(c) any other comments connected with the welfare of the animals\nkept on the premises that the officer thinks fit.\n\nConsent to entry, reports and search warrants Division 7.7\n(3) In subsection (1):\ncommercial premises means premises used for the sale or transport\nof animals, or for other commercial purposes in relation to animals.\n","sortOrder":145},{"sectionNumber":"90","sectionType":"section","heading":"Search warrants","content":"90 Search warrants\n(1) This section applies if an information on oath is laid before a\nmagistrate alleging that there are reasonable grounds for suspecting\nthat there is, on any premises—\n(a) an animal or thing of a particular kind that is connected with a\nparticular offence against this Act; or\n(b) an animal or thing of a particular kind that is connected with the\ncontravention of a requirement imposed by or under this Act; or\n(c) an animal referred to in section 85;\nand the information sets out those grounds.\n(2) If this section applies, a magistrate may issue a search warrant\nauthorising an officer named in the warrant, with such assistance and\nby such force as is necessary and reasonable—\n(a) to enter the premises; and\n(b) to search the premises for the relevant animal or thing; and\n(c) to exercise the powers of an officer under section 82, section 84\nor section 85 in relation to the premises, animal or thing.\n(3) A magistrate must not issue a warrant unless—\n(a) the informant or another person has given the magistrate, either\norally or by affidavit, any information that the magistrate\nrequires concerning the grounds on which the issue of the\nwarrant is being sought; and\n(b) the magistrate is satisfied that there are reasonable grounds for\nissuing the warrant.\n\nDivision 7.8 Offences in relation to veterinary practitioners\n(4) A magistrate must not—\n(a) issue a warrant in relation to the search by an authorised officer\nof premises within the meaning of division 7.3; or\n(b) issue a warrant in relation to the search by an inspector of\npremises referred to in section 83 (1) (a) (i) or (ii).\n(5) A warrant must—\n(a) state the purpose for which it is issued; and\n(b) state the nature of the offence or contravention, or the\ncircumstances referred to in section 85 (1), as the case requires,\nin relation to which the entry is authorised; and\n(c) state particular hours during which entry to the premises is\nauthorised, or state that such entry is authorised at any time of\nthe day or night; and\n(d) include a description of the kinds of things or animals in relation\nto which the powers of the officer may be exercised; and\n(e) state the date, not later than 1 month after the date of issue of the\nwarrant, on which the warrant ceases to have effect.\nDivision 7.8 Offences in relation to veterinary\npractitioners\n","sortOrder":146},{"sectionNumber":"91","sectionType":"section","heading":"Obstructing etc veterinary practitioner","content":"91 Obstructing etc veterinary practitioner\nA person must not hinder, obstruct, intimidate or resist a veterinary\npractitioner in the exercise of the veterinary practitioner’s functions\nunder this Act.\nNote The Criminal Code, pt 3.6 and pt 3.8 include offences for giving false and\nmisleading statements to, or obstructing, Territory public officials.\n\nCompensation for animal injury and death Division 7.9\nDivision 7.9 Compensation for animal injury and\ndeath\n","sortOrder":147},{"sectionNumber":"93","sectionType":"section","heading":"Definitions—div 7.9","content":"93 Definitions—div 7.9\nofficer means—\n(a) an inspector; or\n(b) an authorised officer; or\n(c) any other person who enters premises under section 81 (4) or\nsection 83 (4) while the person is on the premises; or\n(d) in relation to a function under section 86—a veterinary\npractitioner.\nowner, of an injured or dead animal, means the owner of the animal\nimmediately before its injury or death.\n","sortOrder":148},{"sectionNumber":"94","sectionType":"section","heading":"Right to compensation","content":"94 Right to compensation\n(1) If an animal is injured, or dies, in the course of the exercise of an\nofficer’s functions under this part, the owner of the animal is entitled\nto compensation under this division, subject to subsection (2).\n(2) Subsection (1) only applies if an officer’s malice or negligence—\n(a) significantly contributed to the injury or death of the animal; or\n(b) in the case of an animal which is destroyed—significantly\ncontributed to, or significantly exacerbated, the condition of the\nanimal which necessitated the animal’s destruction.\n\nDivision 7.9 Compensation for animal injury and death\n","sortOrder":149},{"sectionNumber":"95","sectionType":"section","heading":"Compensation claims","content":"95 Compensation claims\n(1) A claim for compensation under this division must be—\n(a) made by or on behalf of the owner of the animal; and\n(b) made within 1 year of the injury or death of the animal.\n(2) On a claim for compensation made in accordance with subsection (1),\nthe authority must—\n(a) approve the claim; or\n(b) refuse to approve the claim.\n(3) The authority must only approve a claim if satisfied, on reasonable\ngrounds, that the owner of the relevant animal is entitled to\ncompensation under section 94.\n(4) The authority must only approve the payment of the amount of\ncompensation under this section that is reasonable in the\ncircumstances, in consideration of matters including the following:\n(a) the value of the animal, in the authority’s opinion based on\nreasonable grounds, immediately before the malice or\nnegligence referred to in section 94 (2);\n(b) any malice or negligence of the owner of the animal, or of other\npeople (other than officers), which, in the authority’s opinion\nbased on reasonable grounds—\n(i) significantly contributed to the injury or death of the\nanimal; or\n(ii) for an animal which is destroyed—significantly\ncontributed to, or significantly exacerbated, the condition\nof the animal which necessitated the animal’s destruction;\n(c) the amount of the costs incurred by the owner as a result of the\ninjury or death of the animal that the authority considers\nreasonable.\n\nEvidence Division 7.10\n(5) If the authority approves a claim for compensation, the Territory must\npay the owner of the relevant animal accordingly.\n","sortOrder":150},{"sectionNumber":"96","sectionType":"section","heading":"Exclusion of civil actions","content":"96 Exclusion of civil actions\nIf a person is entitled to compensation under this division for the\ninjury or death of an animal, no amount—\n(a) by way of compensation for the value of the animal; or\n(b) for any costs incurred by the owner of the animal as a result of\nthat injury or death;\nis payable to any person except under this division.\n","sortOrder":151},{"sectionNumber":"97","sectionType":"section","heading":"Meaning of offence—div 7.10","content":"97 Meaning of offence—div 7.10\noffence means an offence against this Act.\n","sortOrder":152},{"sectionNumber":"98","sectionType":"section","heading":"Certificate evidence","content":"98 Certificate evidence\n(1) In proceedings for an offence, a certificate signed by the authority\nstating—\n(a) whether or not a person was, during a stated period, a licensed\npet business, licensee, circus permit-holder, travelling zoo\npermit-holder or trapping permit-holder; or\n(b) whether or not a pet business licence, licence, circus permit,\ntravelling zoo permit or trapping permit was in force on a stated\nday or days; or\n(c) the conditions subject to which a pet business licence, licence,\ncircus permit, travelling zoo permit or trapping permit was\ngranted, as in force on a stated day or days; or\n\n(d) whether or not a pet business licence, licence, circus permit,\ntravelling zoo permit or trapping permit was varied, suspended\nor cancelled on a stated day, and (in the case of a suspension)\nfor a stated period;\nis evidence of the matters stated in the certificate and the facts on\nwhich they are based.\n(2) In proceedings for an offence, a certificate signed by the chairperson\nof an animal ethics committee in relation to an authorisation stating—\n(a) whether or not a person was, during a stated period, the holder\nof an authorisation granted by that committee; or\n(b) whether or not an authorisation granted by that committee was\nin force on a stated day or days; or\n(c) the conditions subject to which an authorisation was granted by\nthat committee, as in force on a stated day or days; or\n(d) whether or not an authorisation was varied, suspended or\ncancelled by that committee on a stated day, and (in the case of\na suspension) for a stated period;\nis evidence of the matters stated in the certificate and the facts on\nwhich they are based.\n\nEvidence Division 7.10\n","sortOrder":153},{"sectionNumber":"99","sectionType":"section","heading":"Acts and omissions of representatives","content":"99 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n\n","sortOrder":154},{"sectionNumber":"100","sectionType":"section","heading":"Meaning of offence—div 7.11","content":"100 Meaning of offence—div 7.11\noffence means an offence against this Act.\n","sortOrder":155},{"sectionNumber":"100A","sectionType":"section","heading":"Animal offences—court orders (interim)","content":"100A Animal offences—court orders (interim)\n(a) an animal has been seized under this Act; and\n(b) a proceeding for an offence has been started in a court against a\nperson who was, before the seizure, in charge of the seized\nanimal; and\n(c) the court is satisfied that, unless an appropriate interim order\nunder this section is made, the person is likely to engage in\nconduct in relation to an animal that requires—\n(i) the seizure of an animal under this Act; or\n(ii) a further proceeding to be started for an offence.\n(2) The court may make an order (an interim order) as it considers\nappropriate that the person must not, individually or jointly with\nanother person—\n(3) In making an interim order, the court must consider—\n(a) the welfare of the seized animal and any other animal owned,\nkept, cared for or controlled by the person; and\n\n(b) the likelihood the person has, or will, commit an offence against\nthis Act; and\n(c) any conviction or finding of guilt of the person against an\n(4) The duration of an interim order under subsection (2)—\n(a) must be stated in the order; and\n(b) must not be longer than 12 months.\n(5) The interim order ends if a seized animal is returned to the person in\ncharge of the animal and the proceeding for an offence against the\nperson is withdrawn.\n(6) If an interim order has ended or is about to end (other than under\nsubsection (5)), the court may make a further interim order if the court\nis satisfied that the matters mentioned in subsection (1) continue to\napply.\n(7) A person must not engage in conduct that contravenes an interim\norder.\n(8) Subsection (3) does not limit the matters the court may consider.\n","sortOrder":156},{"sectionNumber":"101","sectionType":"section","heading":"Animal offences—court orders (general)","content":"101 Animal offences—court orders (general)\n(1) This section applies if a court has convicted or found guilty a person\nin charge of an animal of an offence against—\n(a) part 2 (Animal welfare offences); or\n(b) section 86E (Temporary prohibition on animal ownership etc);\nor\n\n(c) section 100A (Animal offences—court orders (interim)); or\n(d) section 101A (Animal offences—permanent prohibition on\nanimal ownership etc); or\n(e) section 101C (Prohibition order in special circumstances).\n(2) The court may, in addition to any penalty which it may otherwise\nimpose, make any order it considers appropriate in relation to—\n(a) the disposal of—\n(i) the animal in relation to which the offence was committed;\nand\n(ii) any other animal of which the person is in charge; and\n(b) payment to the Territory, an animal welfare entity or another\nperson of expenses incurred in the care of—\n(i) the animal in relation to which the offence was committed;\nand\n(ii) any other animal of which the person is in charge.\n(3) An order under subsection (2) (b) may be made at any time and for\nany stated period of care.\n(4) The court may, in addition to any penalty which it may otherwise\nimpose, make an order as it considers appropriate that the person must\nnot—\n(5) In making an order under subsection (4), the court must consider—\n(a) the offence committed by the person; and\n\n(b) any other conviction or finding of guilt of the person against an\n(6) A person must not engage in conduct that contravenes an order under\nsubsection (2) or (4).\nMaximum penalty (subsection (6)): 50 penalty units, imprisonment\nfor 6 months or both.\n(7) Subsection (5) does not limit the matters the court may consider.\nexpenses incurred, in the care of an animal, includes any expense\nincurred for any of the following:\n(a) taking possession of the animal;\n(b) transporting the animal;\n(c) providing food, drink and water for the animal;\n(d) providing shelter or accommodation for the animal;\n(e) providing veterinary care for the animal.\n","sortOrder":157},{"sectionNumber":"101A","sectionType":"section","heading":"Animal offences—permanent prohibition on animal","content":"101A Animal offences—permanent prohibition on animal\nownership etc\n(a) a court has convicted or found guilty a person of an offence\nagainst section 7A (Aggravated cruelty); and\n(b) the court believes that it is reasonably likely the person will\ncontravene part 2 (Animal welfare offences) if the person were\nto own, keep, care for or control an animal.\n\n(2) The court may, in addition to any penalty which it may otherwise\nimpose, make an order that the person must not, either individually or\njointly with another person—\n(a) purchase or acquire an animal; or\n(b) keep, care for or control an animal.\n(3) In making an order the court must consider—\n(a) the offence committed by the person; and\n(b) any other conviction or finding of guilt of the person against an\n(4) A person commits an offence if the person fails to comply with an\norder made under subsection (2).\n(5) Subsection (3) does not limit the matters the court may consider.\n","sortOrder":158},{"sectionNumber":"101B","sectionType":"section","heading":"Animal offences—setting aside permanent prohibition","content":"101B Animal offences—setting aside permanent prohibition\norder\n(1) On application by a person against whom an order under\nsection 101A is made, the court may set aside the order.\n(2) An application may only be made if the person has not made an\napplication under this section in the previous 12-month period.\n(3) Before making an order, the court must—\n(a) notify the authority, in writing, about the person’s application;\nand\n(b) allow the authority to make a written or oral submission to the\ncourt about the application.\n\n(4) In making an order, the court must consider—\n(a) any submission made by the authority; and\n(b) the public interest; and\n(c) the length of time since the order under section 101A was made;\nand;\n(d) any relevant rehabilitation or remedial action undertaken by the\nperson; and\n(e) the risk to the welfare of animals; and\n(f) the matters considered by the court when making the order under\nsection 101A.\n(5) Subsection (4) does not limit the matters the court may consider.\n","sortOrder":159},{"sectionNumber":"101C","sectionType":"section","heading":"Prohibition order in special circumstances","content":"101C Prohibition order in special circumstances\n(a) an animal has been seized under this Act; and\n(b) the authority believes—\n(i) either the person in charge of the animal—\n(A) has committed an offence in relation to an animal\nagainst part 2 (Animal welfare offences); or\n(B) is the subject of an order of a court of a State that\nprohibits the person purchasing, acquiring, keeping,\ncaring for or controlling an animal for a stated period;\nand\nNote State includes the Northern Territory (see Legislation\nAct, dict, pt 1).\n(ii) it is not in the public interest to bring proceedings against\nthe person; and\n\n(iii) the person is likely to engage in conduct in relation to an\nanimal that requires the seizure of an animal under this Act.\n(2) The authority may apply to the court for an order that the person must\nnot, individually or jointly with another person—\n(3) The court may make an order after considering—\n(a) the welfare of the seized animal and any other animal owned,\nkept, cared for or controlled by the person; and\n(b) the likelihood the person has, or will, commit an offence against\nthis Act; and\n(c) any conviction or finding of guilt of the person against an\nanimal welfare; and\n(d) anything else the court considers relevant.\n(4) The duration of an order under subsection (2) must be stated in the\norder.\n(5) If an order made under this section has ended or is about to end, the\ncourt may make a further order if satisfied the person remains likely\nto engage in conduct in relation to an animal that requires the seizure\nof an animal under this Act.\n(6) A person must not engage in conduct that contravenes an order under\nthis section.\n\n","sortOrder":160},{"sectionNumber":"102","sectionType":"section","heading":"Animal offences—court orders (costs and proceeds of","content":"102 Animal offences—court orders (costs and proceeds of\ndisposal)\n(1) If a court makes an order under section 101 (2), it may make a further\norder that the person convicted or found guilty of the offence pay to\na stated person the costs in relation to the disposal of the animal that\nare stated in the further order.\n(2) If a court makes an order under section 101 (2), it may make a further\norder stating the distribution of the proceeds from the disposal of the\nrelevant animal in accordance with the firstmentioned order.\n(3) The costs or proceeds stated in an order under subsection (1) or (2)\nmay be recovered in accordance with the order as a debt due in a court\nof competent jurisdiction.\n","sortOrder":161},{"sectionNumber":"103","sectionType":"section","heading":"Prohibited item and trap offences—court orders (general)","content":"103 Prohibited item and trap offences—court orders (general)\n(a) a court has convicted or found a person guilty of an offence—\n(i) under section 14; or\n(ii) under division 6.1 in relation to an animal trap; and\n(b) the court is satisfied that, unless an appropriate order under this\nsection is made, the person would be likely to commit a further\noffence in relation to a prohibited item or animal trap.\n(2) If this section applies, the court may, in addition to any penalty which\nit may otherwise impose, make any order it thinks fit in relation to the\ndisposal of—\n(a) the relevant a prohibited item or animal trap; and\n(b) any other a prohibited item or animal trap (whether of the same\nor of a different type of trap).\n\n(3) If a court makes an order under subsection (2), it may make a further\norder that the person must not (for any purpose), within a stated\nperiod, purchase or acquire or take possession or custody of—\n(a) an animal trap (in general or of a stated kind); or\n(b) a prohibited item.\n(4) A person must not engage in conduct that contravenes an order under\nsubsection (2) or (3).\nMaximum penalty (subsection (4)): 50 penalty units, imprisonment\nfor 6 months or both.\n","sortOrder":162},{"sectionNumber":"104","sectionType":"section","heading":"Prohibited item and trap offences—court orders (costs","content":"104 Prohibited item and trap offences—court orders (costs\nand proceeds of disposal)\n(1) If a court makes an order under section 103 (2), it may make a further\norder that the person convicted or found guilty pay to a stated person\nstated costs in relation to the disposal of the relevant prohibited item\nor animal trap.\n(2) If a court makes an order under section 103 (2), it may make a further\norder stating the distribution of the proceeds from the disposal of the\nrelevant prohibited item or animal trap in accordance with the\nfirstmentioned order.\n(3) The costs or proceeds specified in an order under subsection (1) or\n(2) may be recovered pursuant to the relevant order as a debt due in a\ncourt of competent jurisdiction.\n","sortOrder":163},{"sectionNumber":"104A","sectionType":"section","heading":"Court orders—offences involving violence","content":"104A Court orders—offences involving violence\n(1) This section applies if a person is found guilty or convicted of an\noffence against this Act, or another Act, involving violence towards\nan animal.\n\n(2) Before sentencing the person, the court may—\n(a) make an order requiring the person to submit to psychological\nassessment; and\n(b) consider the assessment and any recommendation for\ncounselling or treatment arising from the assessment.\n(3) The court may, in addition to any other sentence it may impose, make\nan order requiring the person to undertake a program of counselling\nor treatment mentioned in subsection (2) (b).\nExample of program\nan anger management treatment program\n(4) A person commits an offence if the person intentionally contravenes\na requirement of an order under this section.\nMaximum penalty: 1 000 penalty units.\n","sortOrder":164},{"sectionNumber":"105","sectionType":"section","heading":"Court orders—procedure and appeals","content":"105 Court orders—procedure and appeals\n(1) For the purposes of proceedings for an order under this division—\n(a) the court may require notice of the proceedings to be given to\nany person the court thinks fit; and\n(b) the court may hear a person to whom a notice has been given.\n(2) Without affecting any other right of appeal, an order under this\ndivision is appellable in the same manner as if it were, or were part\nof, a sentence imposed in relation to the relevant offence.\n\nPart 8 Notification and review of decisions\nPart 8 Notification and review of\ndecisions\n107 Meaning of reviewable decision—pt 8\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":165},{"sectionNumber":"107A","sectionType":"section","heading":"Reviewable decision notices","content":"107A Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":166},{"sectionNumber":"108","sectionType":"section","heading":"Applications for review","content":"108 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nAnimal welfare advisory committee Part 9\n","sortOrder":167},{"sectionNumber":"Part 9","sectionType":"part","heading":"Animal welfare advisory","content":"Part 9 Animal welfare advisory\ncommittee\n","sortOrder":168},{"sectionNumber":"109","sectionType":"section","heading":"Establishment and functions","content":"109 Establishment and functions\n(1) The Minister must establish an Animal Welfare Advisory Committee.\n(2) The committee is to be constituted in accordance with its instrument\nof establishment.\n(3) The functions of the committee are as follows:\n(a) to advise the Minister about animal welfare legislation;\n(b) to advise the authority about matters in relation to animal\nwelfare, including animal welfare legislation;\n(c) to participate in the development of approved codes of practice\nand mandatory codes of practice;\n(d) to provide advice to other Territory authorities, and to\ncommunity bodies, about programs for the improvement of\ncommunity awareness about animal welfare;\n(e) to advise the Minister about any other matter relating to animal\nwelfare;\n(f) to report annually to the Minister on the activities of the\ncommittee.\n(4) The instrument of establishment is a disallowable instrument.\n\n","sortOrder":169},{"sectionNumber":"109A","sectionType":"section","heading":"Rescuing animal at risk in locked vehicle","content":"109A Rescuing animal at risk in locked vehicle\n(a) an animal is locked in a motor vehicle; and\n(b) the animal appears to be at risk of serious injury or death.\n(2) A person does not incur criminal or civil liability if the person forcibly\nenters the motor vehicle, or assists another person to forcibly enter\nthe motor vehicle, to release the animal.\n(3) However, subsection (2) applies only if—\n(a) the person is acting honestly and without recklessness; and\n(b) there are no other reasonable options available to the person to\navoid the serious injury or death of the animal; and\n(c) the person’s capacity to exercise appropriate care and skill is not\nsignificantly impaired by a recreational drug.\ncontacting the police or Access Canberra\nrecreational drug means a drug consumed voluntarily for\nnon-medicinal purposes, and includes alcohol.\n","sortOrder":170},{"sectionNumber":"110","sectionType":"section","heading":"Determination of fees","content":"110 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n\nMiscellaneous Part 10\n","sortOrder":171},{"sectionNumber":"111","sectionType":"section","heading":"Exemptions by regulations","content":"111 Exemptions by regulations\nA regulation may—\n(a) exempt a person from the requirements of all or any of the\nprovisions of this Act; or\n(b) provide for all or any of the provisions of this Act to apply, or\nnot to apply, in relation to an animal.\n","sortOrder":172},{"sectionNumber":"112","sectionType":"section","heading":"Regulation-making power","content":"112 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to—\n(a) the confining, housing or transport of animals; and\n(b) the slaughtering, trapping, snaring, catching or poisoning of\n(c) the hiring out, boarding, sale or trade of animals; and\n(d) the breeding, husbandry or training of animals; and\n(e) the use of animals for entertainment; and\n(f) the conditions under which animals may be kept or used for the\npurpose of the production of films, television programs or\nphotographs, or of film, television, or photographic\nadvertisements; and\n(g) the use of animals for teaching or research, or medical or\nsurgical procedures; and\n(h) medical or surgical procedures on animals, including animal\nhusbandry practices in relation to farming and grazing activities;\nand\n(i) a qualification a person must hold, or experience a person must\nhave, to do a thing mentioned in paragraphs (a) to (h).\n\n(3) A regulation may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\nReviewable decisions Schedule 1\n","sortOrder":173},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 8)\nitem\n1 24G (1) (b) refuse to issue licence applicant for licence\n2 24I (1) (a) and (b) put condition on\n3 24K (1) (b) refuse to approve\ntransfer\n• licensee\n• transferee\n4 24K (3) put condition on\ntransfer\ntransferee\n5 24M (1) (b) refuse to renew licence licensee\n6 24M (5) put condition on\n7 24N amend licence licensee\n8 24O (4) refuse further\nconsideration\n• applicant\n• licensee\n• transferee\n9 27 (1) (a) and 30 grant or renew licence\nfor period less than\n3 years\napplicant for licence or\n10 27 (1) (b) refuse to grant or\nrenew licence\napplicant for licence or\n11 28 (b) put condition on\n12 34 (1) amend licence licensee\n13 34 (1) amend licence in way\nother than the way\n\nSchedule 1 Reviewable decisions\nitem\n14 34 (1) refuse to amend\n15 38 (1) (a) and 41 grant or renew\nauthorisation for period\nless than 3 years\napplicant for authorisation\nor renewal\n16 38 (1) (b) refuse to grant or\nrenew authorisation\napplicant for authorisation\nor renewal\n17 39 (b) put condition on\nentity that holds\n18 46 (1) amend authorisation entity that holds\n19 46 (1) amend authorisation in\nway other than way\n20 46 (1) refuse to amend\n21 49B (3) end application of\ns 49B (1) to researcher\ninterstate researcher\n22 55 (1) (b) refuse to grant or\nrenew circus or\ntravelling zoo permit\n23 56 (b) put condition on circus\nor travelling zoo\npermit\n24 59A (1) amend circus or\ntravelling zoo permit\n25 59A (1) amend circus or\ntravelling zoo permit in\nway other than way\n26 59A (1) refuse to amend circus\nor travelling zoo\npermit\n\nReviewable decisions Schedule 1\nitem\n27 64 (1) (a) and 67 grant or renew trapping\npermit for period less\nthan 3 years\n28 64 (1) (b) refuse to grant or\nrenew trapping permit\n29 65 (b) put condition on\ntrapping permit\n30 71 (1) amend trapping permit permit holder\n31 71 (1) amend trapping permit\nin way other than way\n32 71 (1) refuse to amend\ntrapping permit\n33 73D take regulatory action approved person against\nwhom action taken\n34 73E suspend approval\nimmediately\napproved person whose\napproval suspended\n35 86B condition on\naccommodation of\nseized animal\nperson in charge of animal\n36 86C sell or rehome seized\nanimal\nperson in charge of animal\n37 86E prohibit animal\nownership\nperson prohibited\n38 95 (2) (a) approve claim for\ncompensation for\nparticular amount\nclaimant for compensation\n39 95 (2) (b) refuse to approve claim\nfor compensation\nclaimant for compensation\n\n(see s 2)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• chief police officer\n• contravene\n• Corporations Act\n• director-general (see s 163)\n• entity\n• fail\n• found guilty\n• function\n• maximum penalty\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• person (see s 160)\n• police officer\n• public servant\n• reviewable decision notice\n• the Territory\n• veterinary practitioner.\nanimal means—\n(a) a live member of a vertebrate species, including—\n(i) an amphibian; and\n(ii) a bird; and\n(iii) a fish; and\n(iv) a mammal (other than a human being); and\n\n(v) a reptile; or\n(b) a live cephalopod; or\n(c) a live crustacean intended for human consumption.\nanimal ethics committee means—\n(a) for this Act generally—an animal ethics committee established\nin accordance with a regulation; and\n(b) in relation to a licence—the animal ethics committee whose\nfunctions relate to the licence; and\n(c) in relation to an application for an authorisation—the animal\nethics committee to which the application is made; and\n(d) in relation to an authorisation or an authorisation holder—the\nanimal ethics committee that gave the authorisation.\nanimal welfare entity—see section 86A.\napproval, for part 6A (Regulatory action)—see section 73A.\napproved code of practice means a code of practice approved under\nsection 22, as in force under this Act.\napproved person, for part 6A (Regulatory action)—see section 73A.\nauthorisation means a research authorisation or teaching\nauthorisation holder means a person granted a research authorisation\nor a teaching authorisation under section 38 (1) (a).\nauthorised officer means an authorised officer under section 77.\nauthorised staff member, of a corporation, for division 4.2\n(Authorisations)—see section 37 (2).\nauthority means the Animal Welfare Authority under section 5.\nboard, an animal, for part 3A (Pet businesses)—see section 24E.\nbreeding licence, for part 3A (Pet businesses)—see section 24E.\n\nbusiness premises, for division 7.3 (Powers of inspectors)—see\nsection 80.\ncircus permit means a circus permit granted under section 55.\ncircus permit-holder means a person granted a circus permit under\nsection 55 (1) (a).\nconfine, an animal, for part 2 (Animal welfare offences)—see\nsection 6A.\nconnected, for part 7 (Enforcement)—see section 74.\ncruelty, in relation to an animal, for pt 2 (Animal welfare offences)—\nsee section 6A.\ndefined offence means—\n(a) an offence against this Act; or\n(b) an offence in relation to animal welfare under another territory\nlaw or a Commonwealth or State law.\ndirector, of a corporation incorporated for a public purpose under a\nterritory law or Commonwealth or State law, includes a member of\nthe corporation.\ndomestic, in relation to an animal, includes captive.\nengage in conduct means—\n(a) do an act; or\n(b) omit to do an act.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\ncorporation.\nferal animal means an animal (other than a native animal) that does\nnot live in a domestic state.\n\nidentity card means—\n(a) in relation to an inspector (other than a police officer), an\nauthorised officer or a delegate of the authority—an identity\ncard issued to the person under section 78; or\nNote The authority is an inspector (see s 76 (2) (a)).\n(b) in relation to a police officer—proof of identification of a type\napproved for general purposes by the chief police officer.\ninjury, in relation to an animal, includes—\n(a) the aggravation, acceleration or recurrence of any physical\ninjury; and\n(b) the contraction, aggravation, acceleration or recurrence of a\ndisease.\ninspector means an inspector under section 76.\ninterstate research authorisation means an authorisation (however\ndescribed) to conduct research, or teach, using animals that—\n(a) has been granted under a State law; and\n(b) has not been suspended.\ninterstate researcher means a person who holds an interstate research\nlicence means a licence granted under section 27.\nlicensed pet business means a person issued a pet business licence\nunder section 24G (1) (a).\nlicensed premises—see section 27 (Decision about licence\napplication).\nlicensee means a person granted a licence under section 27 (1) (a).\nmandatory code of practice means a code of practice, or part of a\ncode of practice, approved under section 23 as mandatory.\nnative animal—see the Nature Conservation Act 2014, section 12.\n\noccupier, of premises that an inspector or authorised officer is\nauthorised to enter under part 7, for part 7 (Enforcement)—see\nsection 74.\noffence—\n(a) for part 7 (Enforcement)—see section 74; and\n(b) for division 7.10 (Evidence)—see section 97; and\n(c) for division 7.11 (Court orders and corporate penalties)—see\nsection 100.\nofficer—\n(a) for division 7.7 (Consent to entry, reports and search\nwarrants)—see section 87; and\n(b) for division 7.9 (Compensation for animal injury and death)—\nsee section 93.\nowner, of an injured or dead animal, for division 7.9 (Compensation\nfor animal injury and death)—see section 93.\npain includes suffering and distress.\nperson in charge, in relation to an animal, means—\n(a) the owner of the animal; or\n(b) a person having the custody or control of the animal; or\n(c) if a person mentioned in paragraph (b) is acting as the employee\nor agent of someone else—the other person; or\n(d) if the animal is confined in a saleyard—the occupier of the\nsaleyard.\npet business, for part 3A (Pet businesses)—see section 24E.\npet business licence means a licence issued under\nsection 24G (1) (a).\npet shop, for part 3A (Pet businesses)—see section 24E.\n\npoison, for part 2 (Animal welfare offences)—see section 6A.\npremises—\n(a) for this Act generally, includes—\n(i) a building or part of a building; and\n(ii) a tent, stall or other structure, whether permanent or\ntemporary; and\n(iii) land (including water on land) whether or not appurtenant\nto a building; and\n(iv) a vehicle; and\n(b) in relation to the exercise of an inspector’s powers, for\ndivision 7.3 (Powers of inspectors)—see section 80.\nprohibited animal, for part 5 (Circuses and travelling zoos)—see\nsection 51.\nprohibited item—see section 14.\nregulatory body, for part 6A (Regulatory action)—see section 73A.\nresearch authorisation means an authorisation granted under section\n38 (Decision about authorisation application) to conduct a program\nof research in relation to licensed premises.\nreviewable decision, for part 8 (Notification and review of\ndecisions)—see section 107.\nteaching authorisation means an authorisation granted under section\n38 (Decision about authorisation application) to conduct a program\nof teaching in relation to licensed premises.\ntrapping permit means a permit granted under section 64 (Decision\nabout trapping permit application) for—\n(a) domestic or private purposes; or\n(b) the purposes of a commercial trapping operation.\n\ntrapping permit-holder means a person granted a trapping permit\nunder section 64 (1) (a).\ntravelling zoo does not include—\n(a) for a zoo located in the ACT—the display of the zoo’s animals\nat a place other than the place where the zoo is permanently\nlocated; or\n(b) a zoo (however described) the main purpose of which is to make\nanimals available for contact with members of the public.\na zoo known as a petting zoo that contains animals such as livestock, poultry\nand rabbits\ntravelling zoo permit means a travelling zoo permit granted under\nsection 55.\ntravelling zoo permit-holder means a person granted a travelling zoo\npermit under section 55 (1) (a).\nvehicle includes a caravan, trailer or vessel.\nveterinary treatment, in relation to an animal, means—\n(a) a medical procedure of a prophylactic or therapeutic nature\ncarried out on the animal by a veterinary practitioner; or\n(b) a medical procedure of a prophylactic nature carried out on the\nanimal in accordance with directions given by a veterinary\n(c) a surgical procedure of a prophylactic or therapeutic nature, or\nsterilisation, carried out on the animal by a veterinary\n(d) any other medical or surgical procedure carried out on the\nanimal by a veterinary practitioner.\n\nwelfare, in relation to animals, means the health, safety and welfare\nof—\n(a) animals in general; or\n(b) 1 or more animals in particular.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nAnimal Welfare Act 1992 A1992-45\nnotified 1 September 1992 (Gaz 1992 No S148)\ns 1, s 2 commenced 1 September 1992 (s 2 (1))\nss 6, 76, 78, 79 and 109 commenced 2 November 1992 (Gaz 1992\nNo 44)\nremainder commenced 1 March 1993 (s 2 (3))\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)\nStatutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch\nnotified 15 December 1994 (Gaz 1994 No S280)\ns 1, s 2 commenced 15 December 1994 (s 2 (1))\nsch commenced 15 December 1994 (Gaz 1994 No S293)\nNature Conservation (Amendment) Act (No 2) 1994 A1994-110 sch 2\nnotified 22 December 1994 (Gaz 1994 No S289)\ns 1, s 2 commenced 22 December 1994 (s 2 (1))\nsch 2 commenced 8 February 1995 (Gaz 1995 No S41)\nAnimal Welfare (Amendment) Act 1997 A1997-45 (as am A2001-44\npt 19; A2001-83 s 9; A2005-54 sch 1 pt 1.4)\nnotified 19 September 1997 (Gaz 1997 No S264)\nss 1-3 commenced 19 September 1997 (s 2 (1))\ns 4, s 5, s 5A repealed before commencement (see A2014-3 s 4)\ns 6 commenced 19 December 1997 (s 2 (4))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (Gaz 1998 No 49)\n\nAnimal Welfare Amendment Act 2000 A2000-72\nnotified 21 December 2000 (Gaz 2000 No S69)\ncommenced 21 December 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 17\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 17 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.4\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 12 September 2001 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.1, sch 2 pt 2.4\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.1, sch 2 pt 2.4 commenced 9 April 2004 (s 2 (1))\nAnimal Legislation (Penalties) Amendment Act 2004 A2004-50\nnotified LR 16 August 2004\ns 1, s 2 commenced 16 August 2004 (LA s 75 (1))\nremainder commenced 17 August 2004 (s 2)\nStock Act 2005 A2005-19 sch 1 pt 1.1\nnotified LR 13 April 2005\ns 1, s 2 commenced 13 April 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 26 August 2005 (s 2 and CN2005-13)\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.3,\nsch 1 pt 1.4\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.3 commenced 24 November 2005 (s 2)\nsch 1 pt 1.4 never commenced (A1997-45 rep before commenced by\nA2014-3 s 4)\n\nAnimal Welfare Amendment Act 2006 A2006-17\nnotified LR 10 May 2006\ns 1, s 2 commenced 10 May 2006 (LA s 75 (1))\nremainder commenced 11 May 2006 (s 2)\nAnimal Welfare Legislation Amendment Act 2007 A2007-7 pt 2\nnotified LR 26 March 2007\ns 1, s 2 commenced 26 March 2007 (LA s 75 (1))\ns 15 commenced 26 September 2007 (s 2 (2))\npt 2 remainder commenced 27 March 2007 (s 2 (1))\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.4\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.4 commenced 27 December 2007 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.3\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.3 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.8\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.8 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nAnimal Welfare Amendment Act 2010 A2010-14\nnotified LR 1 April 2010\ns 1, s 2 commenced 1 April 2010 (LA s 75 (1))\nremainder commenced 1 October 2010 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.10\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.10 commenced 1 July 2011 (s 2 (1))\n\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.3\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":174},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\nAnimal Welfare (Factory Farming) Amendment Act 2014 A2014-3 pt 2\nnotified LR 6 March 2014\ns 1, s 2 commenced 6 March 2014 (LA s 75 (1))\npt 2 commenced 7 March 2014 (s 2)\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.1\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.1 commenced 11 June 2015 (s 2 (1) and LA s 79)\nDomestic Animals (Breeding) Legislation Amendment Act 2015\nA2015-9 pt 2\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 2 commenced 15 September 2015 (s 2 and CN2015-19)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.6\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 14 October 2015 (s 2)\nAnimal Welfare Amendment Act 2016 A2016-19\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nremainder commenced 31 May 2016 (s 2, CN2016-11 and see\nLA s 77 (3))\nDomestic Animals (Racing Greyhounds) Amendment Act 2017\nA2017-44 sch 1 pt 1.1\nnotified LR 5 December 2017\ns 1, s 2 commenced 5 December 2017 (LA s 75 (1))\nsch 1 pt 1.1 commenced 30 April 2018 (s 2)\n\nVeterinary Practice Act 2018 A2018-32 sch 3 pt 3.2\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nsch 3 pt 3.2 commenced 21 December 2018 (s 2 and CN2018-12)\nConsumer Protection Legislation Amendment Act 2019 A2019-2 sch 1\nnotified LR 26 February 2019\ns 1, s 2 commenced 26 February 2019 (LA s 75 (1))\nsch 1 commenced 26 August 2019 (s 2 (2) and LA s 79)\nAnimal Welfare Legislation Amendment Act 2019 A2019-35 pt 2\nnotified LR 10 October 2019\ns 1, s 2 commenced 10 October 2019 (LA s 75 (1))\ns 25, s 32, s 50, s 51, s 53, s 54, s 56, s 85, s 86, s 106, s 113, s 117,\ns 119 commenced 10 April 2020 (s 2 (2))\npt 2 remainder commenced 17 October 2019 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.2\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.2 commenced 23 June 2021 (s 2 (1))\nAnimal Management and Welfare Legislation Amendment Act 2023\nA2023-1 pt 2\nnotified LR 15 February 2023\ns 1, s 2 commenced 15 February 2023 (LA s 75 (1))\npt 2 commenced 22 February 2023 (s 2)\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 3 pt 3.2\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 3 pt 3.2 commenced 15 May 2025 (s 2 and see Biosecurity\nAct 2023 A2023-50, s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.9\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.9 commenced 6 December 2025 (s 2 (5))\n\nName of Act\ns 1 sub A2000-72 amdt 1.1\ns 2 sub A2000-72 amdt 1.1\nam A2014-59 amdt 2.1\nNotes\ns 3 sub A2000-72 amdt 1.1\nOffences against Act—application of Criminal Code etc\ns 3A renum as s 4\nOffences against Act—application of Criminal Code etc\ns 4 orig s 4\nam A1994-60 sch 1; A1994-97 sch; A1994-110 sch 2 pt 2;\nA2000-72 s 4\ndefs reloc to dict A2000-72 amdt 1.2\nom A2000-72 amdt 1.2\nprev s 4\nsub as s 5\npres s 4\n(prev s 3A) ins A2005-54 amdt 1.9\nrenum as s 4 A2007-7 s 5\nObjects of Act\ns 4A ins A2015-9 s 4\nsub A2019-35 s 4\nAnimal Welfare Authority\ns 5 orig s 5\nom A1993-44 sch 2\nprev s 5\nins A1994-97 sch\nom A2000-72 amdt 1.3\npres s 5\n(prev s 4) ins A2000-72 amdt 1.3\nsub as s 5 A2007-7 s 5\n(2)-(4) exp 27 March 2008 (s 5 (4) (LA s 88 declaration\nam A2011-22 amdt 1.38\nDelegation by authority\ns 6 sub A1994-97 sch; A2007-7 s 6; A2019-35 s 5\nAnimal welfare offences\npt 2 hdg sub A2005-54 amdt 1.11\n\nDefinitions—pt 2\ns 6A ins A1994-97 sch\nam A1998-54 sch; A2000-72 amdt 1.4\nsub A2005-54 amdt 1.10\n(6)-(8) exp 24 November 2005 (s 6A (8))\nom A2007-39 amdt 3.7\nins A2016-19 s 4\nsub A2019-35 s 6\ndef confine ins A2019-35 s 6\ndef cruelty ins A2019-35 s 6\ndef poison ins A2019-35 s 6\nFailure to provide appropriate care\ns 6B ins A2016-19 s 4\nsub A2019-35 s 6\nFailure to provide animal with water or shelter\ns 6C ins A2019-35 s 6\nFailure to provide animal with hygienic environment\ns 6D ins A2019-35 s 6\nFailure to properly groom and maintain animal\ns 6E ins A2019-35 s 6\nFailure to exercise dog\ns 6F ins A2019-35 s 6\nAbandoning an animal\ns 6G ins A2019-35 s 6\nCruelty\ns 7 am A1998-54 sch; A2000-72 amdt 1.45\nam A2019-35 s 7\nAggravated cruelty\ns 7A ins A2006-17 s 4\nam A2019-35 s 8, s 9\nAlternative verdicts—cruelty\ns 7B ins A2006-17 s 4\nHitting or kicking animal\ns 8 am A1998-54 sch; A2000-72 amdt 1.5, amdt 1.6\nom A2016-19 s 5\nins A2019-35 s 10\n\nUnlawful confinement of animal\ns 9 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.47\nsub A2005-54 amdt 1.11; A2019-35 s 11\nKeeping laying fowls for commercial egg production—appropriate\naccommodation\ns 9A ins A1997-45 s 4 (as am A2005-54 amdt 1.30) (A1997-45 rep\nbefore commenced by A2014-3 s 4); A2014-3 s 5\nam A2019-2 amdt 1.1\nKeeping pigs—appropriate accommodation\ns 9B ins A2014-3 s 6\nRemoving or trimming beak of fowl\ns 9C ins A2014-3 s 7\nAssisting injured animal\ns 10 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.47\nsub A2005-54 amdt 1.11; A2019-35 s 12\nUnlawful release of animal\ns 11 am A1998-54 sch; A2000-72 amdt 1.45\nsub A2005-54 amdt 1.11; A2019-35 s 12\nAdministering poison\ns 12 am A1994-110 sch 2 pt 2; A1998-54 sch\nsub A2000-72 s 5; A2005-54 amdt 1.11\nLaying poison\ns 12A ins A2000-72 s 5\nam A2019-35 s 13\nElectrical devices\ns 13 am A1998-54 sch; A2000-72 amdt 1.45\nam A2019-35 s 14\nUse or possession of prohibited item\ns 14 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.48\nsub A2005-54 amdt 1.11; A2016-19 s 6\nam A2019-35 ss 15-17; ss renum R30 LA\nTransport of animals—generally\ns 15 am A1998-54 sch; A2000-72 amdt 1.7, amdt 1.45\nam A2007-7 s 7\nsub A2019-35 s 18\n\nTransport of dogs\ns 15A ins A2000-72 s 6\nam A2019-35 s 19, s 20; ss renum R30 LA\nIntensive breeding of cats or dogs\ns 15B ins A2015-9 s 5\nam A2017-44 amdt 1.1; A2018-32 amdt 3.3; A2019-35 s 21;\nA2025-29 amdt 4.9\nUsing unfit animal\ns 16 am A1998-54 sch; A2000-72 amdt 1.45\nsub A2005-54 amdt 1.11; A2019-35 s 22\nViolent animal activities\ns 17 am A1994-110 sch 2 pt 2; A1998-54 sch; A2000-72 amdt 1.45;\nA2005-19 amdt 1.1\nsub A2005-54 amdt 1.11; A2007-7 s 8; A2019-35 s 22\nRodeos and game parks\ns 18 am A1998-54 sch; A2000-72 amdt 1.45\nam A2019-35 s 23\nGreyhound racing\ns 18A ins A2017-44 amdt 1.2\nMedical and surgical procedures—people other than veterinary practitioners\ns 19 hdg sub A2000-72 s 7\ns 19 am A1994-110 sch 2 pt 2; A1998-54 sch; A2000-72 s 7\nsub A2005-54 amdt 1.11; A2007-7 s 9\nMedical and surgical procedures—veterinary practitioners\ns 19A hdg am A2018-32 amdt 3.4\ns 19A ins A2000-72 s 8\nsub A2005-54 amdt 1.11; A2007-7 s 9\nException—conduct in accordance with approved code of practice or\nmandatory code of practice\ns 20 am A1997-45 s 5, s 5A (as am A2005-54 amdt 1.31)\n(A1997-45 rep before commenced by A2014-3 s 4);\nA2000-72 s 9\nam A2007-7 s 20\nsub A2010-14 s 4\nam A2014-3 ss 8-10; pars renum R21 LA; A2016-19 s 7;\nA2018-32 amdt 3.4; A2019-35 s 24\n\ns 21 am A1994-110 sch 2 pt 2; A2015-9 s 6; pars renum R23 LA;\nA2019-35 s 21, s 25; pars renum R31 LA; A2024-11 amdt 3.5\nApproved code of practice\ns 22 hdg sub A2010-14 s 5\ns 22 sub A2001-44 amdt 1.175\nMandatory code of practice\ns 23 am A2000-72 amdt 1.8\nom A2001-44 amdt 1.175\nins A2010-14 s 6\nPublication\ns 24 am A2001-44 amdt 1.176; A2010-14 s 7; A2015-33 amdt 1.16\nReckless failure to comply with mandatory code of practice\ns 24A ins A2010-14 s 8\nFailure to comply with mandatory code of practice\ns 24B ins A2010-14 s 8\nam A2019-35 s 26; ss renum R30 LA\nDirection to comply with mandatory code\ns 24C ins A2010-14 s 8\nam A2019-35 ss 27-30; pars renum R30 LA\nFailure to comply with direction to comply with mandatory code\ns 24D ins A2019-35 s 31\nPet businesses\npt 3A hdg ins A2019-35 s 32\ndiv 3A.1 hdg ins A2019-35 s 32\nDefinitions—pt 3A\ns 24E ins A2019-35 s 32\ndef board ins A2019-35 s 32\ndef breeding licence ins A2019-35 s 32\ndef pet business ins A2019-35 s 32\ndef pet shop ins A2019-35 s 32\nPet business licensing\ndiv 3A.2 hdg ins A2019-35 s 32\nPet business licence application\ns 24F ins A2019-35 s 32\n\nIssue of pet business licence\ns 24G ins A2019-35 s 32\nPet business licence term and form\ns 24H ins A2019-35 s 32\nConditions for pet business licence\ns 24I ins A2019-35 s 32\nTransfer application\ns 24J ins A2019-35 s 32\nTransfer decision\ns 24K ins A2019-35 s 32\nRenewal application\ns 24L ins A2019-35 s 32\nRenewal decision\ns 24M ins A2019-35 s 32\nAmendment of pet business licence\ns 24N ins A2019-35 s 32\nAuthority may request more information\ns 24O ins A2019-35 s 32\nPet business offences\ndiv 3A.3 hdg ins A2019-35 s 32\nPet shops—failure to keep records\ns 24P ins A2019-35 s 32\nPet shops—failure to share records\ns 24Q ins A2019-35 s 32\nOperating pet business without pet business licence\ns 24R ins A2019-35 s 32\nBreach of pet business licence\ns 24S ins A2019-35 s 32\nUsing or breeding animals for research or teaching\npt 4 hdg sub A2023-1 s 4\nLicences\ndiv 4.1 hdg (prev pt 4 div 1 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nUsing or breeding animals without licence\ns 25 hdg sub A2023-1 s 5\ns 25 am A1998-54 sch\nsub A2000-72 s 10; A2005-54 amdt 1.12; A2007-7 s 11\n\nApplication for licence\ns 26 am A2000-72 amdt 1.9; A2001-44 amdts 1.177-1.179\nDecision about licence application\ns 27 sub A2007-7 s 11\nam A2014-59 amdt 2.2\nLicence conditions\ns 28 am A2000-72 amdt 1.10, 1.11; A2001-44 amdt 1.180\nam A2019-35 s 33\nForm of licence\ns 29 sub A2007-7 s 11\nTerm of licence\ns 30 sub A2007-7 s 11\nLicensees—request for information and documents\ns 31 sub A2007-7 s 11\nLicence renewal\ns 32 sub A2000-72 amdt 1.12\nam A2001-44 amdt 1.181, amdt 1.182\nLicensee to notify change of name or address\ns 33 sub A2007-7 s 11\nAmendment of licence\ns 34 sub A2007-7 s 11\nSurrender of licences\ns 35 sub A2007-7 s 11\nAuthorisations\ndiv 4.2 hdg (prev pt 4 div 2 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nMeaning of authorised staff member—div 4.2\ns 35A ins A2019-35 s 34\nResearch and teaching using and breeding animals\ns 36 am A1998-54 sch; A2000-72 amdt 1.47\nsub A2005-54 amdt 1.13; A2007-7 s 11\n\nApplication for authorisation\ns 37 am A1998-54 sch; A2000-72 s 11\nsub A2005-54 amdt 1.14; A2007-7 s 11\nam A2019-35 s 35, s 36; ss renum R30 LA; A2021-12\namdt 3.3; A2025-29 amdt 4.9\nDecision about authorisation application\ns 38 am A2000-72 amdt 1.13, 1.14; A2001-44 amdt 1.183\nam A2014-59 amdt 2.3; A2019-35 s 37, s 38\nAuthorisation conditions\ns 39 sub A2007-7 s 11\nam A2019-35 s 39\nForm of authorisation\ns 40 am A2000-72 amdt 1.15\nam A2019-35 s 40; pars renum R30 LA\nTerm of authorisation\ns 41 sub A2007-7 s 11\nIdentity card for authorisation holders\ns 42 hdg am A2008-28 amdt 3.26\ns 42 am A1998-54 sch; A2000-72 amdt 1.16, amdt 1.17; A2001-44\namdt 1.184\nsub A2005-54 amdt 1.15; A2007-7 s 11\nam A2008-28 amdt 3.17, amdt 3.18, amdt 3.26\nsub A2019-35 s 41\nAuthorisation holders—request for information and documents\ns 43 hdg am A2008-28 amdt 3.26\ns 43 sub A2007-7 s 11\nAuthorisation renewal\ns 44 sub A2000-72 amdt 1.18\nam A2001-44 amdt 1.185, amdt 1.186\nAuthorisation holder to notify change of name or address\ns 45 hdg am A2008-28 amdt 3.26\ns 45 sub A2007-7 s 11\nAmendment of authorisation\ns 46 sub A2007-7 s 11\nam A2008-28 amdt 3.26; A2008-37 amdt 1.24; A2021-12\namdt 3.3; A2025-29 amdt 4.9\n\nCessation of effect of authorisation\ns 47 sub A2007-7 s 11\nSurrender of authorisations\ns 48 sub A2007-7 s 11\nReturn of cancelled and suspended authorisations\ns 49 am A1998-54 sch; A2000-72 amdt 1.48\nsub A2005-54 amdt 1.16\nom A2007-7 s 11\nInterstate researchers\ndiv 4.3 hdg (prev pt 4 div 2A hdg) ins A2000-72 s 12\nNotification\ns 49A ins A2000-72 s 12\nam A2001-44 amdt 1.187; A2021-12 amdt 3.3\nInterstate researchers’ authorisation in the ACT\ns 49B ins A2000-72 s 12\nam A2010-14 s 9; A2019-35 s 42\nAnimal ethics committees\ndiv 4.4 hdg (prev pt 4 div 3 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nsub A2007-7 s 12\nAnimal ethics committees\ns 50 sub A2007-7 s 12\nCircuses and travelling zoos\npt 5 hdg sub A2007-7 s 13\ndiv 5.1 hdg ins A2007-7 s 13\nMeaning of prohibited animal—pt 5\ns 51 am A1998-54 sch; A2000-72 amdt 1.45\nsub A2005-54 amdt 1.17; A2007-7 s 13\nOffences\ndiv 5.2 hdg ins A2007-7 s 13\nCircuses\ns 52 am A2000-72 amdt 1.19\nTravelling zoos\ns 53 am A2000-72 amdt 1.20; A2001-44 amdts 1.188-1.190\n\nCircus and travelling zoo permits\ndiv 5.3 hdg ins A2007-7 s 13\nApplication for circus or travelling zoo permit\ns 54 am A2000-72 amdt 1.21, 1.22; A2001-44 amdt 1.191\nDecision about circus or travelling zoo permit application\ns 55 sub A2007-7 s 13\nam A2014-59 amdt 2.4\nCircus or travelling zoo permit conditions\ns 56 sub A2007-7 s 13\nam A2019-35 s 43\nForm of circus or travelling zoo permit\ns 57 sub A2007-7 s 13\nTerm of circus or travelling zoo permit\ns 58 sub A2007-7 s 13\nCircus or travelling zoo permit-holder to notify change of name or address\ns 59 am A1998-54 sch; A2000-72 amdt 1.48\nsub A2005-54 amdt 1.18; A2007-7 s 13\nAmendment of circus or travelling zoo permit\ns 59A ins A2007-7 s 13\nTrapping offences\ndiv 6.1 hdg (prev pt 6 div 1 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nSteel-jawed traps and prohibited traps\ns 60 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.48\nam A2019-35 ss 44-46; ss renum R30 LA\nRestricted traps\ns 61 am A1998-54 sch; A2000-72 amdt 1.46\nom A2019-35 s 47\nTrapping—general\ns 62 am A1998-54 sch; A2000-72 amdt 1.23, amdt 1.24\nam A2007-7 s 14\nsub A2019-35 s 48\n\nTrapping permits\ndiv 6.2 hdg (prev pt 6 div 2 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nApplication for trapping permit\ns 63 om A2005-54 amdt 1.19\nins A2007-7 s 15\nDecision about trapping permit application\ns 64 am A2000-72 amdt 1.25; A2001-44 amdts 1.192-1.194\nTrapping permit conditions\ns 65 am A2000-72 amdt 1.26, 1.27; A2001-44 amdt 1.195\nam A2019-35 s 49\nForm of trapping permit\ns 66 sub A2007-7 s 15\nTerm of trapping permit\ns 67 sub A2007-7 s 15\nTrapping permit-holders—request for information and documents\ns 68 sub A2007-7 s 15\nTrapping permit renewal\ns 69 sub A2000-72 amdt 1.28\nam A2001-44 amdt 1.196, amdt 1.197\nTrapping permit-holder to notify change of name or address\ns 70 sub A2007-7 s 15\nAmendment of trapping permit\ns 71 sub A2007-7 s 15\nSurrender of trapping permits\ns 72 sub A2007-7 s 15\nReturn of cancelled and suspended trapping permits\ns 73 am A1998-54 sch; A2000-72 amdt 1.48\nsub A2005-54 amdt 1.20\nom A2007-7 s 15\nRegulatory action\ns 6A hdg ins A2007-7 s 16\n\nDefinitions—pt 6A\ns 73A ins A2007-7 s 16\ndef approval ins A2007-7 s 16\nam A2019-35 s 50; pars renum R31 LA\ndef approved person ins A2007-7 s 16\ndef regulatory body ins A2007-7 s 16\nam A2008-28 amdt 3.26; A2019-35 s 51\nGrounds for regulatory action\ns 73B ins A2007-7 s 16\nam A2008-28 amdt 3.26; A2019-35 s 52; pars renum R30 LA;\nA2019-35 s 53, s 54; pars renum R31 LA\nRegulatory action\ns 73C ins A2007-7 s 16\nTaking regulatory action\ns 73D ins A2007-7 s 16\nam A2008-37 amdt 1.24\nImmediate suspension\ns 73E ins A2007-7 s 16\nEffect of suspension\ns 73F ins A2007-7 s 16\nReturn of amended, suspended or cancelled approvals\ns 73G ins A2007-7 s 16\nam A2008-37 amdt 1.25; A2019-35 s 55\nAction by regulatory body in relation to amended or suspended approval\ns 73H ins A2007-7 s 16\nam A2019-35 s 56; pars renum R31 LA\ndiv 7.1 hdg (prev pt 7 div 1 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nDefinitions—pt 7\ns 74 am A1994-97 sch\nsub A2000-72 amdt 1.29\nProtection from liability\ns 75 sub A2008-28 amdt 3.19\nPublic access\ns 75A ins A1997-45 s 6\nam A2019-35 s 57\nInspectors and authorised officers\ndiv 7.2 hdg (prev pt 7 div 2 hdg) sub A1994-97 s 3 sch\n\nInspectors\ns 76 sub A1994-97 sch; A2000-72 amdt 1.30; A2007-7 s 17\n(3)-(5) exp 27 March 2008 (s 76 (5) (LA s 88 declaration\nam A2011-22 amdt 1.38\nAuthorised officers\ns 77 sub A1994-97 sch; A2000-72 amdt 1.30; A2007-7 s 17\n(3)-(5) exp 27 March 2008 (s 77 (5) (LA s 88 declaration\nam A2011-22 amdt 1.38; A2018-32 amdt 3.3\nsub A2019-35 s 58\nIdentity cards\ns 78 sub A1994-97 sch\nam A1998-54 sch; A2000-72 amdt 1.31\nsub A2005-54 amdt 1.21\n(6)-(8) exp 24 November 2005 (s 78 (8))\nam A2007-39 amdt 3.8; A2008-28 amdts 3.20-3.23; ss renum\nR15 LA; A2011-22 amdt 1.38; A2019-35 s 59\nIdentity cards\ns 79 om A1994-97 sch\nPowers of inspectors\ndiv 7.3 hdg (prev pt 7 div 3 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nDefinitions—div 7.3\ns 80 hdg sub A2000-72 s 13\ns 80 def business premises ins A2000-72 s 13\nPowers of entry and search\ns 81 am A2000-72 s 14; A2018-32 amdt 3.3\nPower to seize animals—inspectors\ns 81A ins A2019-35 s 60\nPowers of inspectors\ns 82 hdg sub A2000-72 s 15\ns 82 am A1998-54 sch; A2000-72 s 15; A2005-54 amdt 1.22;\nA2016-19 s 8, s 9; pars renum R26 LA; A2019-35 ss 61-65;\npars renum R30 LA\nDirection to give personal details—inspector\ns 82A hdg sub A2019-35 s 66\ns 82A ins A2016-19 s 10\nam A2019-35 ss 67-69; A2025-29 amdt 4.9\nOffence—fail to comply with inspector’s direction to give name and address\ns 82B ins A2016-19 s 10\n\nPowers of authorised officers\ndiv 7.4 hdg (prev pt 7 div 4 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nResearch and educational institutions—powers of entry and search\ns 83 am A2000-72 s 16; A2019-35 s 70\nPower to seize animals—authorised officers\ns 83A ins A2019-35 s 71\nPowers of authorised officers\ns 84 am A1998-54 sch; A2000-72 s 17; A2005-54 amdt 1.23;\nA2016-19 s 11, s 12; pars renum R26 LA; A2019-35\nss 72-74; pars renum R30 LA\nDirection to give name and address—authorised officer\ns 84AA ins A2016-19 s 13\nOffence—fail to comply with authorised officer’s direction to give name and\naddress\ns 84AB ins A2016-19 s 13\nPowers of veterinary practitioners\ndiv 7.5 hdg (prev pt 7 div 4A hdg) ins A2000-72 s 18\nPowers of veterinary practitioners regarding seized animals and carcasses\ns 84A hdg am A2018-32 amdt 3.4\ns 84A ins A2000-72 s 18\nam A2018-32 amdt 3.3; A2019-35 s 75\nAlleviation of suffering—powers of inspectors, authorised officers and\ndiv 7.6 hdg (prev pt 7 div 5 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nInspectors and authorised officers\ns 85 am A1998-54 sch; A2000-72 s 19; A2005-54 amdt 1.24;\nA2018-32 amdt 3.3; A2019-35 ss 76-80; ss renum R30 LA\nVeterinary practitioners\ns 86 hdg am A2018-32 amdt 3.4\ns 86 am A2000-72 s 20; A2018-32 amdt 3.3\nDealing with seized animals\ndiv 7.6A hdg ins A2019-35 s 81\nAnimal welfare entities\ns 86A ins A2019-35 s 81\n\nAccommodation of seized animals\ns 86B ins A2019-35 s 81\nSelling or rehoming seized animals\ns 86C ins A2019-35 s 81\nDestroying seized animals\ns 86D ins A2019-35 s 81\nTemporary prohibition on animal ownership etc\ns 86E ins A2019-35 s 81\nConsent to entry, reports and search warrants\ndiv 7.7 hdg (prev pt 7 div 6 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nConsent to entry\ns 88 am A2019-35 s 82, s 83\nReports\ns 89 am A2000-72 s 21\nOffences in relation to veterinary practitioners\ndiv 7.8 hdg (prev pt 7 div 7 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nsub A2005-54 amdt 1.25\nObstructing etc veterinary practitioner\ns 91 hdg am A2018-32 amdt 3.3\ns 91 am A1998-54 sch; A2000-72 amdt 1.32; A2004-15 amdt 2.12\nsub A2005-54 amdt 1.25\nam A2018-32 amdt 3.2, amdt 3.3\nFalse information\ns 92 am A1998-54 sch; A2000-72 amdt 1.46\nom A2005-54 amdt 1.25\nCompensation for animal injury and death\ndiv 7.9 hdg (prev pt 7 div 8 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nDefinitions—div 7.9\ns 93 sub A2000-72 s 22\ndef officer am A2019-35 s 84\nRight to compensation\ns 94 am A2007-7 s 18\nCompensation claims\ns 95 am A2000-72 amdt 1.33; A2001-44 amdt 1.198, amdt 1.199;\nA2021-12 amdt 3.3; A2025-29 amdt 4.9\nEvidence\ndiv 7.10 hdg (prev p 7 div 9 hdg) renum R4 LA (see A2000-72 amdt 1.49)\n\nCertificate evidence\ns 98 am A2007-7 ss 19-21; A2007-39 amdt 3.9, amdt 3.10;\nA2011-48 amdt 1.3; A2019-35 s 85, s 86\nActs and omissions of representatives\ns 99 sub A2004-15 amdt 1.1\nCourt orders and corporate penalties\ndiv 7.11 hdg (prev pt 7 div 10 hdg) renum R4 LA (see A2000-72 amdt 1.49)\nAnimal offences—court orders (interim)\ns 100A ins A2016-19 s 14\nam A2019-35 ss 87-93; ss renum R30 LA\nAnimal offences—court orders (general)\ns 101 am A1998-54 sch; A2000-72 amdt 1.34, amdt 1.46; A2005-54\namdt 1.26; A2016-19 s 15, s 16; A2019-35 ss 94-99;\nss renum R30 LA\nAnimal offences—permanent prohibition on animal ownership etc\ns 101A ins A2019-35 s 100\nAnimal offences—setting aside permanent prohibition order\ns 101B ins A2019-35 s 100\nProhibition order in special circumstances\ns 101C ins A2019-35 s 100\nAnimal offences—court orders (costs and proceeds of disposal)\ns 102 am A2000-72 amdt 1.35\nProhibited item and trap offences—court orders (general)\ns 103 hdg sub A2016-19 s 17\ns 103 am A1998-54 sch; A2000-72 amdt 1.36, amdt 1.46; A2005-54\namdt 1.27; A2007-7 s 22; A2016-19 ss 18-21\nProhibited item and trap offences—court orders (costs and proceeds of\ndisposal)\ns 104 hdg sub A2016-19 s 22\ns 104 am A2000-72 amdt 1.37; A2016-19 s 23\nCourt orders—offences involving violence\ns 104A ins A2004-50 s 4\nCorporations—penalties\ns 106 om A1998-54 sch\nNotification and review of decisions\npt 8 hdg sub A2007-7 s 23; A2008-37 amdt 1.26\nMeaning of reviewable decision—pt 8\ns 107 am A1994-60 sch 1; A2000-72 s 23\nsub A2007-7 s 23; A2008-37 amdt 1.26\n\nReviewable decision notices\ns 107A ins A2007-7 s 23\nsub A2008-37 amdt 1.26\nApplications for review\ns 108 am A1994-60 sch 1\nsub A2007-7 s 23; A2008-37 amdt 1.26\nEstablishment and functions\ns 109 am A2007-7 s 24, s 25; A2010-14 s 10; A2019-35 s 101,\ns 102; pars renum R30 LA; A2025-29 amdt 4.9\nRescuing animal at risk in locked vehicle\ns 109A ins A2019-35 s 103\nDetermination of fees\ns 110 sub A2000-72 amdt 1.38; A2001-44 amdt 1.200\nApproved forms\ns 110A ins A2000-72 amdt 1.38\nsub A2001-44 amdt 1.200\nam A2007-7 s 26\nom A2021-12 amdt 3.4\nExemptions by regulations\ns 111 am A2001-44 amdt 1.201, amdt 1.202\nRegulation-making power\ns 112 hdg sub A2000-72 amdt 1.39\ns 112 am A1998-54 sch; A2000-72 amdts 1.39-1.41; A2001-44\namdts 1.203-1.205; A2007-7 s 27; A2010-14 s 11; A2019-35\ns 104; A2025-29 amdt 4.9\nTransitional\npt 11 hdg om A2000-72 amdt 1.42\nReview of amendments made by Animal Welfare Legislation Amendment Act\ns 113 om A2000-72 amdt 1.42\ndef amended Act ins A2007-7 s 28\ndef commencement day ins A2007-7 s 28\n\ndef unamended Act ins A2007-7 s 28\nins A2019-35 s 105\nexp 17 October 2025 (s 113 (3))\nExisting licences\ns 114 om A2000-72 amdt 1.42\nExisting authorisations\ns 115 ins A2007-7 s 28\nExisting permit\ns 116 ins A2007-7 s 28\nAction under unamended Act\ns 117 ins A2007-7 s 28\nTransitional regulations\ns 118 ins A2007-7 s 28\nExpiry—pt 11\ns 119 ins A2007-7 s 28\nTransitional—Animal Welfare (Factory Farming) Amendment Act 2014\npt 12 hdg ins A2014-3 s 11\nExisting commercial egg producer\ns 120 ins A2014-3 s 11\nExpiry—pt 12\ns 121 ins A2014-3 s 11\nSchedule\nsch om A2000-72 amdt 1.43\nReviewable decisions\nsch 1 ins A2007-7 s 29\nsub A2008-37 amdt 1.27\nam A2019-35 s 107; items renum R30 LA; A2019-35 s 106;\nitems renum R31 LA\n\ndict ins A2000-72 amdt 1.44\ndefs reloc from s 4 A2000-72 amdt 1.2\nam A2001-44 amdt 1.207, amdt 1.208\nam A2008-37 amdt 1.28, amdt 1.29; A2011-22 amdt 1.39;\nA2018-32 amdt 3.3; A2019-35 s 108; A2023-1 s 6\ndef animal sub A2000-72 s 4; A2007-7 s 30\ndef animal ethics committee ins A2007-7 s 30\ndef animal welfare sub A2007-7 s 30\nom A2019-35 s 109\ndef animal welfare entity ins A2019-35 s 110\ndef approval ins A2007-7 s 30\ndef approved code of practice sub A2007-7 s 30\ndef approved person ins A2007-7 s 30\ndef authorisation sub A2007-7 s 30\ndef authorisation holder ins A2008-28 amdt 3.24\nsub A2019-35 s 111\ndef authorised officer am A1994-97 sch\ndef authorised person sub A2007-7 s 30\nom A2008-28 amdt 3.25\ndef authorised staff member ins A2019-35 s 112\ndef authority am A1994-97 sch; A2000-72 s 4\ndef board ins A2019-35 s 113\ndef breeding licence ins A2019-35 s 113\ndef business premises ins A2007-7 s 30\ndef circus permit sub A2007-7 s 30\ndef circus permit-holder ins A2007-7 s 30\nsub A2019-35 s 114\ndef commercial trapping permit sub A2007-7 s 30\nom A2019-35 s 115\ndef confine sub A2007-7 s 30; A2019-35 s 116\ndef connected ins A2007-7 s 30\ndef cruelty ins A2016-19 s 24\ndef defined offence sub A2000-72 s 4; A2007-7 s 30\ndef director sub A2000-72 s 4; A2007-7 s 30\ndef domestic sub A2007-7 s 30\ndef engage in conduct ins A2005-54 amdt 1.28\ndef ethics committee am A2001-56 amdt 3.4\nom A2007-7 s 30\ndef executive officer ins A2007-7 s 30\ndef feral animal am A1994-110 sch 2\n\ndef identity card sub A2007-7 s 30; A2007-39 amdt 3.11\ndef injury sub A2007-7 s 30\ndef inspector am A1994-97 sch\ndef interstate research authorisation ins A2000-72 s 4\ndef interstate researcher ins A2000-72 s 4\ndef licence sub A2007-7 s 30\ndef licensed pet business ins A2019-35 s 117\ndef licensed premises sub A2007-7 s 30\ndef licensee ins A2000-72 s 4\nsub A2007-7 s 30; A2019-35 s 118\ndef mandatory code of practice ins A2010-14 s 12\ndef native animal ins A1994-110 sch 2\nsub A2000-72 s 4; A2007-7 s 30; A2014-59 amdt 2.5\ndef occupier ins A2007-7 s 30\ndef offence om A2000-72 s 4\nins A2007-7 s 30\ndef officer ins A2007-7 s 30\ndef owner ins A2007-7 s 30\ndef pain sub A2007-7 s 30\ndef person in charge sub A2007-7 s 30\ndef pest am A1994-110 sch 2\nom A2024-11 amdt 3.6\ndef pet business ins A2019-35 s 119\ndef pet business licence ins A2019-35 s 119\ndef pet shop ins A2019-35 s 119\ndef poison ins A2000-72 s 4\nsub A2007-7 s 30; A2019-35 s 120\ndef premises sub A2007-7 s 30\ndef private trapping permit sub A2007-7 s 30\nom A2019-35 s 121\ndef prohibited animal ins A2007-7 s 30\ndef prohibited circus animal om A2007-7 s 30\ndef prohibited item ins A2016-19 s 24\ndef prohibited trap om A2005-54 amdt 1.29\ndef regulatory body ins A2007-7 s 30\ndef repealed Act om A2000-72 s 4\ndef research authorisation sub A2007-7 s 30\ndef restricted trap om A2005-54 amdt 1.29\ndef reviewable decision ins A2007-7 s 30\nsub A2008-37 amdt 1.30\ndef steel-jawed trap sub A2007-7 s 30\nom A2019-35 s 121\ndef teaching authorisation sub A2007-7 s 30\n\ndef this Act om A2001-44 amdt 1.206\ndef trapping permit sub A2007-7 s 30; A2019-35 s 122\ndef trapping permit-holder ins A2007-7 s 30\nsub A2019-35 s 122\ndef travelling zoo ins A2007-7 s 30\ndef travelling zoo permit ins A2007-7 s 30\ndef travelling zoo permit-holder ins A2007-7 s 30\nsub A2019-35 s 122\ndef Tribunal om A1994-6 sch 1\ndef vary om A2007-7 s 30\ndef vehicle sub A2007-7 s 30\ndef Veterinary Surgeon om A2000-72 s 4\ndef veterinary treatment sub A2007-7 s 30\ndef welfare sub A2007-7 s 30\ndef wildlife om A1994-110 sch 2\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n27 Aug 1993–\n13 Nov 1994\nA1993-44 amendments by\nA1993-44\nR1A\n14 Nov 1994–\n14 Dec 1994\nA1994-60 amendments by\nA1994-60\nR1B\n15 Dec 1994–\n7 Feb 1995\nA1994-97 amendments by\nA1994-97\nR2 (RI)\n8 Feb 1995–\n18 Dec 1997\nA1994-110 amendments by\nA1994-110\nR3 (RI)\n31 Jan 1999–\n20 Dec 2000\nA1998-54 amendments by\nA1997-45 and\nA1998-54\n12 Sept 2001\n12 Sept 2001–\n8 Apr 2004\nA2001-56 amendments by\nA2000-72,\nA2001-44 and\nA2001-56\n9 Apr 2004\n9 Apr 2004–\n16 Aug 2004\nA2004-15 amendments by\nA2004-15\n\n5 Earlier republications\nfor\n17 Aug 2004\n17 Aug 2004–\n25 Aug 2005\nA2004-50 amendments by\nA2004-50\n26 Aug 2005\n26 Aug 2005–\n23 Nov 2005\nA2005-19 amendments by\nA2005-19\n24 Nov 2005\n24 Nov 2005–\n24 Nov 2005\nA2005-54 amendments by\nA2005-54\n25 Nov 2005\n25 Nov 2005–\nA2005-54 commenced expiry\n11 May 2006–\n26 Mar 2007\nA2006-17 amendments by\nA2006-17\n27 Mar 2007\n27 Mar 2007–\n25 Sept 2007\nA2007-7 amendments by\nA2007-7\n26 Sept 2007\n26 Sept 2007–\n26 Dec 2007\nA2007-7 amendments by\nA2007-7\n27 Dec 2007\n27 Dec 2007–\n27 Mar 2008\nA2007-39 amendments by\nA2007-39\n28 Mar 2008\n28 Mar 2008–\n25 Aug 2008\nA2007-39 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\n27 Mar 2009\nA2008-37 amendments by\nA2008-37\n28 Mar 2009\n28 Mar 2009–\n30 Sept 2010\nA2008-37 commenced expiry\n1 Oct 2010\n1 Oct 2010–\nA2010-14 amendments by\nA2010-14\n1 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-22\n1 Mar 2012\n1 Mar 2012–\n6 Mar 2014\nA2011-48 amendments by\nA2011-48\nR21*\n7 Mar 2014\n7 Mar 2014–\nA2014-3 amendments by\nA2014-3\n\nEarlier republications 5\nfor\n11 June 2015–\n14 Sept 2015\nA2014-59 amendments by\nA2014-59\n15 Sept 2015\n15 Sept 2015–\n13 Oct 2015\nA2015-9 amendments by\nA2015-9\n14 Oct 2015\n14 Oct 2015–\nA2015-33 amendments by\nA2015-33\n17 May 2016–\nA2015-33 expiry of\ntransitional\nprovisions (pt 12)\n31 May 2016–\n29 Apr 2018\nA2016-19 amendments by\nA2016-19\n30 Apr 2018–\n20 Dec 2018\nA2017-44 amendments by\nA2017-44\n21 Dec 2018\n21 Dec 2018–\n25 Aug 2019\nA2018-32 amendments by\nA2018-32\n26 Aug 2019\n26 Aug 2019–\n16 Oct 2019\nA2019-2 amendments by\nA2019-2\n17 Oct 2019\n17 Oct 2019–\n9 Apr 2020\nA2019-35 amendments by\nA2019-35\n10 Apr 2020\n10 Apr 2020–\nA2019-35 amendments by\nA2019-35\n23 June 2021–\n21 Feb 2023\nA2021-12 amendments by\nA2021-12\n22 Feb 2023\n22 Feb 2023–\nA2023-1 amendments by\nA2023-1\n15 May 2025–\n17 Oct 2025\nA2024-11 amendments by\nA2024-11\n18 Oct 2025\n18 Oct 2025–\n5 Dec 2025\nA2024-11 expiry of provision\n(s 113)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":175}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has substantially expanded from a core anti‑cruelty statute into a wide regulatory framework. Since its 1992 origins the law now contains: (a) multiple sectoral licensing and permit regimes (research/teaching licences in Part 4; pet business licences in Part 3A; circus and travelling zoo permits in Part 5; trapping permits in Part 6); (b) mandatory codes of practice with criminal sanctions (ss 22–24D); (c) explicit industry‑specific rules (eg accommodation standards for laying fowls and pigs, ss 9A–9B; intensive breeding standards s 15B); (d) stronger regulatory enforcement tools including immediate suspension of approvals (Part 6A) and seizure/rehoming/disposal processes (ss 81A, 86B–86D); and (e) court powers to impose interim and permanent prohibitions on animal ownership (ss 100A, 101, 101A). These additions broaden the law from a primarily criminal deterrent to an active licensing and compliance regime that places ongoing obligations on businesses and individuals (see Parts 3A, 4, 6A and Part 7). The source text supports this expansion by enumerating many new offence categories, administrative powers and decision‑making pathways added through subsequent amendments (see amendment history in endnotes and the inserted Parts and sections cited above)."},"complexity_factors":["Comprehensive length: the Act spans over 110 substantive sections plus a detailed Dictionary and Schedule (ss 1–112, Schedule 1).","Large number of defined terms in the Dictionary (many cross‑referenced to other Acts such as the Criminal Code, Nature Conservation Act, Domestic Animals Act, Road Transport Acts).","Multiple, overlapping licensing and permit regimes (Part 3A pet business licences; Part 4 research licences and authorisations; Part 5 circus/travelling zoo permits; Part 6 trapping permits) with distinct application, decision and review rules.","Numerous offence types and varying mental elements: standard criminal offences, aggravated offences, strict liability offences and provisions with evidential burdens (eg ss 6B, 6C, 6E, 6G, 82A–82B).","Extensive enforcement powers with conditional pathways: entry, seizure, immediate suspension, destruction of animals, and recovery of expenses (ss 81–86, Part 6A).","Regulatory action process with procedural steps and immediate‑effect options (notice, response period, immediate suspension, ss 73D–73F).","Codes of practice regime: approved and mandatory codes, with separate criminal liability for breach and administrative direction mechanisms (ss 21–24D).","High degree of cross‑referencing to external instruments and disallowable instruments (Ministerial determinations e.g. breeding standards s 15B; numerous references to regulations and other Acts).","Schedule 1 lists 39 reviewable administrative decisions, creating many appeal pathways (Schedule 1).","Complex court order powers (interim, general, permanent prohibition, costs and proceeds orders) with procedural and appeal consequences (ss 100A–105, 101A–101C)."],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes the Animal Welfare Authority and gives it powers to licence, permit, inspect and regulate animal‑related activities (see s 5; Part 6A).  \n- Defines a broad range of criminal offences about animal welfare (Part 2). Offences include failure to provide basic care (s 6B), cruelty and aggravated cruelty (ss 7, 7A), abandonment (s 6G), unlawful confinement and transport (ss 9, 15), poisoning and use of prohibited items (ss 12–14), violent animal activities and associated attendance/organisation offences (s 17), and industry‑specific offences (eg keeping laying fowls or pigs in inadequate accommodation—ss 9A–9B). Many offences carry both fines and possible imprisonment; some are strict liability (no need to prove fault) while others require proof of recklessness or intent (see individual sections noted above).\n\n- Creates regulatory instruments and compliance pathways: approved and mandatory codes of practice (ss 21–24), detailed licensing and permit systems for research and teaching with animals (Part 4), pet businesses (Part 3A), circuses and travelling zoos (Part 5), and trapping permits (Part 6). Mandatory codes can themselves be enforced (ss 24A–24D).\n\n- Gives inspectors, authorised officers (including veterinary practitioners in certain roles) and the Authority significant enforcement powers: entry, search and seizure (ss 81–84), power to seize animals (ss 81A, 83A), directions to remedy welfare problems (s 85(5)), immediate suspension of approvals where animal welfare requires it (s 73E), and power to destroy animals when necessary to prevent suffering (s 85(2)(d), s 86). It also sets out judicial orders the court may make after conviction, including interim and permanent prohibitions on animal ownership (ss 100A, 101, 101A).\n\n- Establishes review and administrative safeguards: timelines for licence/permit decisions (eg 30 days for many approvals — e.g. s 24G(1)), a formal list of reviewable administrative decisions and rights to apply to the ACT Civil and Administrative Tribunal (Part 8 and Schedule 1), and requirements for notice (s 107A).\n\n- Provides for fees, regulations, and delegated instruments (s 110; s 112). Penalty units are referenced to the Legislation Act and have monetary values set elsewhere (see notes at start of the Act).\n\n**Who it affects**\n\n- Individual animal owners and people “in charge” of animals (defined in the Dictionary). They face criminal offences for mistreatment, abandonment, unlawful release, failure to assist injured animals, and may be subject to prohibition orders (eg ss 6B, 6G, 10, 11, 86E, 101A).  \n- Businesses and commercial operators that deal with animals: pet shops and boarding businesses must be licensed and keep records (Part 3A: ss 24E–24S); circuses, travelling zoos, trapping operations and licensed research facilities must obtain permits/licences and comply with conditions (Parts 4–6).  \n- Veterinary practitioners, inspectors and authorised officers — who have special powers and duties (ss 77, 84A, 85–86).  \n- Animal ethics committees and the Animal Welfare Advisory Committee — bodies given rule‑making, advisory and authorising roles (ss 50; s 109).  \n\n**Why it matters (purpose claims and a practical test of trade‑offs)**\n\nThe Act states its objects are to recognise animal sentience and intrinsic value and to promote welfare, humane treatment and enforcement (s 4A). Taken mechanically, the law attempts to achieve that by: (a) criminal sanctions for mistreatment; (b) preventive regulation (licences, permits, mandatory codes); and (c) enforcement powers to remove or remediate welfare problems quickly (eg seizure, immediate suspension, directions to owners — ss 81A, 73E, 85(5)).\n\nA short policy‑neutral test of trade‑offs and incentives:\n\n- Who pays: private individuals and businesses primarily bear compliance costs (licence fees s 110; meeting mandatory codes s 24I(2); record‑keeping and premises requirements s 24F, 27). Persons convicted may pay fines, be ordered to meet the costs of animal care or disposal, or be required to pay compensation where Territory officers caused injury (see ss 101(2)(b), 102, 95). The Territory may recover reasonable expenses for emergency action taken (s 85(4); s 86D(3)).\n\n- Who decides: the Authority and its delegates, animal ethics committees, authorised officers and courts make most practical decisions (eg s 5; Part 6A; ss 38–46 for authorisations). The Minister approves codes of practice (ss 22–23).\n\n- Effects on private enterprise and individual choice: the Act regulates how businesses may breed, sell, board, transport and display animals. Licensing, mandatory codes and conditions constrain operational freedom (Part 3A, Part 4, s 24I). Businesses face administrative processes (applications, transfers, renewals with 30‑day decision rules frequently cited—see s 24G, s 24K, s 24M) and the risk of immediate suspension or cancellation for welfare concerns (Part 6A: ss 73D–73F). These constraints raise compliance costs and create regulatory discretion that can affect small operators disproportionately (see s 24R, s 24P–24Q for pet shop record obligations).\n\n- Enforcement and implementation risks: the Act gives inspectors and authorised officers wide entry, seizure and emergency powers (ss 81–85). Effective operation requires resourcing of inspection and enforcement capacity; otherwise, many of the law’s powers (immediate suspension, seizure, rehoming) are only potential. The Act also creates legal complexity through multiple offence types (strict liability vs recklessness/intent) which can produce contested prosecutions in practice (see Part 2 and notes about evidential burdens).\n\n- Cross‑jurisdiction and substitution effects: the Act recognises interstate authorisations (ss 49A–49B) and excludes certain activities where other laws govern (eg racing rules referenced in s 8). Operators may relocate activities or adjust practices in response to prohibitions or conditions (for example, restrictions on circuses with certain animals s 52; prohibition on greyhound racing in the ACT context appears in s 18A).\n\n**Concentrated benefits and diffuse costs (source‑based observations)**\n\n- Concentrated regulated parties: licensed operators, breeders, pet shops and research institutions face the direct costs and compliance obligations (Parts 3A and 4). The Act imposes record‑keeping, premises standards and potential licence conditions (ss 24F–24M; ss 26–34).\n\n- Diffuse beneficiaries: the law’s stated beneficiaries are animals and those citizens who value animal welfare (s 4A). The mechanics favour preventive oversight (codes, licences) and retrospective penalties (Part 2 and Part 7).\n\n**Key implementation mechanics to notice**\n\n- Mandatory codes can carry criminal penalties (ss 24A–24D).  \n- The Authority must give public notice and make codes available (s 24).  \n- The Authority and courts can make orders that affect ownership rights (interim and permanent prohibitions — ss 100A, 101, 101A).  \n- Many decisions are reviewable and subject to ACAT review (Part 8; Schedule 1 lists reviewable decisions).  \n\n**Representative section citations (non‑exhaustive)**\n\n- Objects: s 4A.  \n- Failure to provide appropriate care (major general offence): s 6B.  \n- Cruelty and aggravated cruelty: ss 7–7A.  \n- Codes of practice and enforcement: ss 21–24D.  \n- Pet business licensing and offences: ss 24E–24S.  \n- Research licences and animal ethics: Part 4 (ss 25–50).  \n- Regulatory action, suspension and cancellation of approvals: Part 6A (ss 73A–73H).  \n- Entry, seizure and emergency powers: ss 81–86.  \n- Court orders including permanent prohibition on ownership: ss 100A, 101, 101A.  \n\nOverall, the Act combines criminal penalties for mistreatment with a detailed regulatory architecture of licences, mandatory codes and enforcement powers. Those mechanisms shift much of the immediate compliance burden onto animal owners and commercial operators while vesting decision authority and enforcement discretion in the Authority, authorised officers, animal ethics committees and the courts."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":951},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1992 form. Major additions include: Part 3A pet business licensing (2019), intensive breeding standards for cats and dogs (2015), greyhound racing prohibition (2017), factory farming provisions for hens and pigs (2014), and the comprehensive regulatory action framework (2007). The enforcement Part 7 has grown substantially with added seizure powers, prohibition orders, and court order mechanisms. The 2019 amendments also introduced the 'sentient beings' recognition in objects clause and new offences for failure to exercise dogs, groom animals, and provide hygienic environments."},"complexity_factors":["Multiple overlapping offence tiers (strict liability vs fault-based) with escalating penalties","Extensive cross-referencing between Parts (e.g., enforcement powers in Part 7 apply across all earlier Parts)","Numerous defined terms in Dictionary (138 pages) with contextual variations (e.g., 'premises' has different meanings in different divisions)","Conditional licensing schemes with 5 different approval types (licences, authorisations, permits) each with application, renewal, amendment, suspension, and cancellation procedures","Nested exceptions and defences throughout (e.g., section 20 lists 7 specific provisions excluded from codes of practice exception)","Regulatory action framework (Part 6A) with immediate suspension powers and appeal mechanisms","Court order provisions with multiple overlapping types (interim, general, permanent prohibition, special circumstances)","Signpost definitions requiring reference to external legislation (e.g., 'native animal' refers to Nature Conservation Act 2014)"],"plain_english_summary":"This is the **Animal Welfare Act 1992** (ACT), a comprehensive law that protects animals from cruelty and promotes their wellbeing in the Australian Capital Territory.\n\n**What it does:**\n\nThe Act recognises that **animals are sentient beings** (they can feel and perceive) with intrinsic value, and creates legal duties for people who care for animals.\n\n**Key protections include:**\n\n- **Basic care requirements** — people in charge of animals must provide appropriate food, water, shelter, veterinary treatment, grooming, exercise, and hygienic conditions (sections 6B–6F)\n- **Cruelty offences** — it is illegal to commit acts of cruelty, with aggravated penalties if the animal dies or suffers serious injury (sections 7–7A)\n- **Specific bans** — hitting/kicking animals, abandoning them, using steel-jawed traps, conducting rodeos, greyhound racing, and violent animal activities like dog fighting (sections 8, 6G, 60, 17–18A)\n- **Housing standards** — mandatory requirements for commercial egg-laying hens and pigs, including space to move and outdoor access (sections 9A–9B)\n- **Transport rules** — dogs must be restrained in vehicles, and animals generally must be transported humanely (sections 15–15A)\n- **Veterinary procedures** — restricts who can perform medical procedures and bans cosmetic surgery on dogs like tail docking and ear cropping (sections 19–19A)\n\n**Licensing and permits:**\n\nThe Act requires licences for:\n- **Pet businesses** (pet shops, boarding facilities) — Part 3A\n- **Research and teaching using animals** — Part 4\n- **Circuses and travelling zoos** — Part 5 (with strict limits on \"prohibited animals\" like bears, elephants, and primates)\n- **Commercial trapping** — Part 6\n\n**Enforcement:**\n\n- **Inspectors and authorised officers** can enter premises, seize animals, and issue directions (Part 7)\n- **Veterinary practitioners** have powers to destroy severely injured animals humanely\n- **Courts can impose prohibition orders** banning people from owning animals, including permanent bans for aggravated cruelty (sections 100A–101C)\n- **Seized animals** can be rehomed, sold, or destroyed if their welfare requires it (Division 7.6A)\n\n**Codes of practice:**\n\nThe Minister can approve mandatory codes of practice for industries like farming, slaughtering, and pet breeding, with penalties for non-compliance (Part 3).\n\n**Who it affects:**\n\nAnyone who owns, cares for, works with, or businesses that use animals — from pet owners and farmers to researchers, pet shop operators, and circus performers."}},"importantCases":[],"_links":{"self":"/api/acts/animal-welfare-act-1992","history":"/api/acts/animal-welfare-act-1992/history","analysis":"/api/acts/animal-welfare-act-1992/analysis","conflicts":"/api/acts/animal-welfare-act-1992/conflicts","importantCases":"/api/acts/animal-welfare-act-1992/important-cases","documents":"/api/acts/animal-welfare-act-1992/documents"}}