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Queensland act
This Act creates legal duties and offences to protect animal welfare: it imposes a duty of care on people in charge of animals, bans specified cruel conduct and regulated procedures, and sets penalties. It also establishes inspection, seizure and enforcement powers, and rules for scientific-use registration and confidentiality. It affects animal owners, carers, veterinarians, scientific users and inspectors by changing legal responsibilities, imposing compliance and record-keeping obligations, and vesting operational discretion in inspectors and the chief executive.
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Direct links to the current provisions in Animal Care and Protection Act 2001.
This Act may be cited as the Animal Care and Protection Act 2001 .
This Act commences on a day to be fixed by proclamation.
The purposes of this Act are to do the following— promote the responsible care and use of animals; provide standards for the care and use of animals that— achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; protect animals from unjustifiable, unnecessary or unreasonable pain; ensure the use of animals for scientific purposes is accountable, open and responsible.
The purposes are to be primarily achieved by the following— providing for regulations about codes of practice for animal welfare; allowing regulations to require compliance with codes of practice; imposing a duty of care on persons in charge of animals; prohibiting certain conduct in relation to animals; requiring a person using an animal for scientific purposes to comply with the scientific use code; providing for the registration of certain users of animals for scientific purposes; providing for the appointment of authorised officers to monitor compliance with compulsory code requirements and the scientific use code; providing for the appointment of inspectors to investigate and enforce this Act; allowing the Minister to establish an animal welfare advisory committee or another body to advise the Minister on animal welfare issues.
Subject to sections 6 to 7 , this Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. However, the Commonwealth or a State can not be prosecuted for an offence against this Act. s 5 amd 2012 No. 23 s 5 (sec.5-ssec.1) Subject to sections 6 to 7 , this Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
This Act does not apply to the State for an animal only because it is— a protected animal or an animal in the wild under the Nature Conservation Act 1992 ; and the property of the State under that Act, another Act or the common law. See the Nature Conservation Act 1992 , section 83 (Property in protected animals).
This Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2) . This Act applies to an act done, or omission made, by a person for the purposes of either of the following if authorised under the Nature Conservation Act 1992 — taking, keeping or using an animal to exercise Aboriginal tradition or Island custom; using an animal for a scientific purpose. A person does not commit an offence under this Act only because the person does an act or makes an omission that— is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and would, apart from this subsection, constitute an offence under this Act. s 6A ins 2012 No. 23 s 6 (sec.6A-ssec.1) This Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2) . (sec.6A-ssec.2) This Act applies to an act done, or omission made, by a person for the purposes of either of the following if authorised under the Nature Conservation Act 1992 — taking, keeping or using an animal to exercise Aboriginal tradition or Island custom; using an animal for a scientific purpose. (sec.6A-ssec.3) A person does not commit an offence under this Act only because the person does an act or makes an omission that— is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and would, apart from this subsection, constitute an offence under this Act.
This Act does not affect the application of— the Fisheries Act 1994 ; or the Racing Act 2002 ; or the Racing Integrity Act 2016 . A person who lawfully does an act, or makes an omission, authorised under an Act mentioned in subsection (1) that would, apart from this subsection, constitute an offence under this Act, is taken not to commit the offence by reason only of doing the act or making the omission. However, subsection (2) does not apply if the act is the use of an animal for a scientific purpose. s 7 amd 2002 No. 58 s 398 (1) sch 2 pt 1 ; 2012 No. 23 s 7 ; 2016 No. 12 s 297 (sec.7-ssec.1) This Act does not affect the application of— the Fisheries Act 1994 ; or the Racing Act 2002 ; or the Racing Integrity Act 2016 . (sec.7-ssec.2) A person who lawfully does an act, or makes an omission, authorised under an Act mentioned in subsection (1) that would, apart from this subsection, constitute an offence under this Act, is taken not to commit the offence by reason only of doing the act or making the omission. (sec.7-ssec.3) However, subsection (2) does not apply if the act is the use of an animal for a scientific purpose.
A person does not avoid liability to be prosecuted for an offence under this Act only because the act or omission that constitutes the offence happens in the exercise or enjoyment of native title rights and interests. s 8 sub 2012 No. 23 s 8
This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. In addition, a breach of the duty of care imposed under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law. (sec.9-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (sec.9-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (sec.9-ssec.3) In addition, a breach of the duty of care imposed under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. (sec.9-ssec.4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.
The dictionary in the schedule defines particular words used in this Act.
An animal is any of the following— a live member of a vertebrate animal taxon; an amphibian a bird a fish a mammal, other than a human being a reptile a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— a mammalian or reptilian fetus; an avian, mammalian or reptilian pre-hatched young; a live marsupial young; a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda; cuttlefish, nautilus, octopi, squid a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph. crabs, crayfish, lobsters, prawns However, a human being or human fetus is not an animal. To remove any doubt, it is declared that the following are not animals— the eggs, spat or spawn of a fish; a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ; another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) . s 11 amd 2022 No. 35 s 3 (sec.11-ssec.1) An animal is any of the following— a live member of a vertebrate animal taxon; an amphibian a bird a fish a mammal, other than a human being a reptile a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— a mammalian or reptilian fetus; an avian, mammalian or reptilian pre-hatched young; a live marsupial young; a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda; cuttlefish, nautilus, octopi, squid a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph. crabs, crayfish, lobsters, prawns (sec.11-ssec.2) However, a human being or human fetus is not an animal. (sec.11-ssec.3) To remove any doubt, it is declared that the following are not animals— the eggs, spat or spawn of a fish; a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ; another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) .
A person is a person in charge of an animal if the person— owns or has a lease, licence or other proprietary interest in the animal; or has the custody of the animal; or is employing or has engaged someone else who has the custody of the animal and the custody is within the scope of the employment or engagement. Despite subsection (1) (a) , a person who holds a mortgage or other security interest in an animal only becomes a person in charge of the animal if the person takes a step to enforce the mortgage or other security. (sec.12-ssec.1) A person is a person in charge of an animal if the person— owns or has a lease, licence or other proprietary interest in the animal; or has the custody of the animal; or is employing or has engaged someone else who has the custody of the animal and the custody is within the scope of the employment or engagement. (sec.12-ssec.2) Despite subsection (1) (a) , a person who holds a mortgage or other security interest in an animal only becomes a person in charge of the animal if the person takes a step to enforce the mortgage or other security.
A person in charge of an animal owes a duty of care to it. The person must not breach the duty of care. Maximum penalty— if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or otherwise—300 penalty units or 1 year’s imprisonment. See also section 9 . For subsection (2) , a person breaches the duty only if the person does not take reasonable steps to— provide the animal’s needs for the following in a way that is appropriate— food and water; accommodation or living conditions for the animal; to display normal patterns of behaviour; the treatment of disease or injury; or ensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate. In deciding what is appropriate, regard must be had to— the species, environment and circumstances of the animal; and the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken. a bushfire or another natural disaster a flood or another climatic condition s 17 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 4 ; 2022 No. 35 s 5 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.17-ssec.1) A person in charge of an animal owes a duty of care to it. (sec.17-ssec.2) The person must not breach the duty of care. Maximum penalty— if the breach causes death, serious deformity, serious disability or prolonged suffering of an animal—2,000 penalty units or 3 years imprisonment; or otherwise—300 penalty units or 1 year’s imprisonment. See also section 9 . (sec.17-ssec.3) For subsection (2) , a person breaches the duty only if the person does not take reasonable steps to— provide the animal’s needs for the following in a way that is appropriate— food and water; accommodation or living conditions for the animal; to display normal patterns of behaviour; the treatment of disease or injury; or ensure any handling of the animal, including any confinement or transportation of the animal, by the person, or caused by the person, is appropriate. (sec.17-ssec.4) In deciding what is appropriate, regard must be had to— the species, environment and circumstances of the animal; and the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken. a bushfire or another natural disaster a flood or another climatic condition
A person must not be cruel to an animal. Maximum penalty—2,000 penalty units or 3 years imprisonment. Without limiting subsection (1) , a person is taken to be cruel to an animal if the person does any of the following to the animal— causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable; beats it so as to cause the animal pain; abuses, terrifies, torments or worries it; overdrives, overrides or overworks it; uses on the animal an electrical device prescribed under a regulation; confines or transports it— without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or when it is unfit for the confinement or transport; or in a way that is inappropriate for the animal’s welfare; or placing the animal, during the confinement or transport, with too few or too many other animals or with a species of animal with which it is incompatible not providing the animal with appropriate spells confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal in an unsuitable container or vehicle; kills it in a way that— is inhumane; or causes it not to die quickly; or causes it to die in unreasonable pain; unjustifiably, unnecessarily or unreasonably— injures or wounds it; or overcrowds or overloads it. s 18 amd 2002 No. 49 s 37 sch ; 2013 No. 41 s 26 ; 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 5 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.18-ssec.1) A person must not be cruel to an animal. Maximum penalty—2,000 penalty units or 3 years imprisonment. (sec.18-ssec.2) Without limiting subsection (1) , a person is taken to be cruel to an animal if the person does any of the following to the animal— causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable; beats it so as to cause the animal pain; abuses, terrifies, torments or worries it; overdrives, overrides or overworks it; uses on the animal an electrical device prescribed under a regulation; confines or transports it— without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or when it is unfit for the confinement or transport; or in a way that is inappropriate for the animal’s welfare; or placing the animal, during the confinement or transport, with too few or too many other animals or with a species of animal with which it is incompatible not providing the animal with appropriate spells confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal in an unsuitable container or vehicle; kills it in a way that— is inhumane; or causes it not to die quickly; or causes it to die in unreasonable pain; unjustifiably, unnecessarily or unreasonably— injures or wounds it; or overcrowds or overloads it.
A person in charge of an animal must not abandon or release an animal unless the person has a reasonable excuse or the abandonment or release is authorised by law. Maximum penalty—300 penalty units or 1 year’s imprisonment. A person must not, unless the person has a reasonable excuse, release an animal from the custody of the person in charge of it. Maximum penalty—300 penalty units or 1 year’s imprisonment. For subsection (1) , an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal. a person providing food and water to a dog that has been abandoned near the person’s premises s 19 amd 2013 No. 51 s 229 sch 1 ; 2020 No. 3 s 6 ; 2022 No. 35 s 6 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.19-ssec.1) A person in charge of an animal must not abandon or release an animal unless the person has a reasonable excuse or the abandonment or release is authorised by law. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.19-ssec.2) A person must not, unless the person has a reasonable excuse, release an animal from the custody of the person in charge of it. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.19-ssec.3) For subsection (1) , an animal may be abandoned by a person in charge of the animal regardless of whether the animal is provided with food or water by a person who is not in charge of the animal. a person providing food and water to a dog that has been abandoned near the person’s premises
A prohibited event means any of the following events— a bullfight or organised event held for public entertainment in which a person provokes a bull in a way that is likely to cause it to charge; a cockfight or dogfight or other event in which an animal fights, or is encouraged to fight, with another animal; coursing or another event in which an animal is released from captivity to be hunted, injured or killed by another animal; an event in which an animal is released from captivity to be hunted, or shot at, by a person without an appropriate acclimatisation period between the release and the hunting to reduce stress to the animal; an event prescribed under a regulation held for public enjoyment or entertainment, with or without charge to anyone present, at which anyone participating in the event causes an animal pain. someone does, or attempts to, catch, fight or throw the animal s 20 amd 2022 No. 35 s 7
A person must not— organise a prohibited event; or knowingly— permit a prohibited event to be organised; or supply an animal for use in a prohibited event; or supply premises for use for a prohibited event. Maximum penalty—300 penalty units or 1 year’s imprisonment. In this section— organise a prohibited event includes taking part in organising the event. s 21 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.21-ssec.1) A person must not— organise a prohibited event; or knowingly— permit a prohibited event to be organised; or supply an animal for use in a prohibited event; or supply premises for use for a prohibited event. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.21-ssec.2) In this section— organise a prohibited event includes taking part in organising the event.
A person must not be present at a prohibited event unless the person has a reasonable excuse. Maximum penalty—150 penalty units or 1 year’s imprisonment.
A person, other than a veterinary surgeon, must not crop a dog’s ear. Maximum penalty—100 penalty units. A veterinary surgeon must not crop a dog’s ear unless the surgeon reasonably considers the cropping is in the interests of the dog’s welfare. Maximum penalty—100 penalty units. In this section— crop , a dog’s ear, means to remove part of the ear to make the ear stand erect. (sec.23-ssec.1) A person, other than a veterinary surgeon, must not crop a dog’s ear. Maximum penalty—100 penalty units. (sec.23-ssec.2) A veterinary surgeon must not crop a dog’s ear unless the surgeon reasonably considers the cropping is in the interests of the dog’s welfare. Maximum penalty—100 penalty units. (sec.23-ssec.3) In this section— crop , a dog’s ear, means to remove part of the ear to make the ear stand erect.
A person, other than a veterinary surgeon, must not dock a dog’s tail. Maximum penalty—100 penalty units. A veterinary surgeon must not dock a dog’s tail unless the surgeon reasonably considers the docking is in the interests of the dog’s welfare. Maximum penalty—100 penalty units. s 24 sub 2022 No. 35 s 9 (sec.24-ssec.1) A person, other than a veterinary surgeon, must not dock a dog’s tail. Maximum penalty—100 penalty units. (sec.24-ssec.2) A veterinary surgeon must not dock a dog’s tail unless the surgeon reasonably considers the docking is in the interests of the dog’s welfare. Maximum penalty—100 penalty units.
A person, other than a veterinary surgeon, must not perform an operation on a dog to prevent it from being able to bark or to reduce the volume of its bark (a debarking operation ). Maximum penalty—300 penalty units or 1 year’s imprisonment. A veterinary surgeon must not perform a debarking operation on a dog unless the surgeon— reasonably considers the operation is in the interests of the dog’s welfare; or has been given a relevant nuisance abatement notice and the surgeon reasonably considers the operation is the only way to comply with the notice without destroying the dog; or has been given an appropriate notice and the surgeon reasonably considers the only way to stop the dog’s barking from being a nuisance, without destroying the dog, is to perform the operation. Maximum penalty—300 penalty units or 1 year’s imprisonment. For subsection (2) (c) , an appropriate notice means a notice signed by each owner of the dog asking the veterinary surgeon to perform the operation and stating each of the following— that, in the opinion of each owner, the dog’s barking is a nuisance; attempts have made to prevent the dog’s barking from being a nuisance; for each attempt— the nature of the attempt; and enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ; that each attempt has been unsuccessful. behavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert In this section— bark includes cry, howl and yelp. nuisance , for barking, means interference with the reasonable comfort, peace or privacy of anyone. relevant nuisance abatement notice means the original, or a copy, of a notice as follows relating to the dog— a nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice ); a notice, however called, under a local law if the notice— complies, or substantially complies, with the requirements for an EPA notice; or has the same, or substantially the same, purpose as an EPA notice. (sec.25-ssec.1) A person, other than a veterinary surgeon, must not perform an operation on a dog to prevent it from being able to bark or to reduce the volume of its bark (a debarking operation ). Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.25-ssec.2) A veterinary surgeon must not perform a debarking operation on a dog unless the surgeon— reasonably considers the operation is in the interests of the dog’s welfare; or has been given a relevant nuisance abatement notice and the surgeon reasonably considers the operation is the only way to comply with the notice without destroying the dog; or has been given an appropriate notice and the surgeon reasonably considers the only way to stop the dog’s barking from being a nuisance, without destroying the dog, is to perform the operation. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.25-ssec.3) For subsection (2) (c) , an appropriate notice means a notice signed by each owner of the dog asking the veterinary surgeon to perform the operation and stating each of the following— that, in the opinion of each owner, the dog’s barking is a nuisance; attempts have made to prevent the dog’s barking from being a nuisance; for each attempt— the nature of the attempt; and enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2) (c) ; that each attempt has been unsuccessful. behavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert (sec.25-ssec.4) In this section— bark includes cry, howl and yelp. nuisance , for barking, means interference with the reasonable comfort, peace or privacy of anyone. relevant nuisance abatement notice means the original, or a copy, of a notice as follows relating to the dog— a nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice ); a notice, however called, under a local law if the notice— complies, or substantially complies, with the requirements for an EPA notice; or has the same, or substantially the same, purpose as an EPA notice.
A person, other than a veterinary surgeon, must not remove a cat’s claw. Maximum penalty—300 penalty units or 1 year’s imprisonment. A veterinary surgeon must not remove a cat’s claw unless the surgeon reasonably considers the removal is in the interests of the cat’s welfare. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.26-ssec.1) A person, other than a veterinary surgeon, must not remove a cat’s claw. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.26-ssec.2) A veterinary surgeon must not remove a cat’s claw unless the surgeon reasonably considers the removal is in the interests of the cat’s welfare. Maximum penalty—300 penalty units or 1 year’s imprisonment.
This section applies for an animal as follows— cattle; a horse. A person, other than a veterinary surgeon, must not dock the animal’s tail. Maximum penalty—300 penalty units or 1 year’s imprisonment. A veterinary surgeon must not dock the animal’s tail unless the surgeon reasonably considers the docking is in the interests of the animal’s welfare. Maximum penalty for subsection (3) —300 penalty units or 1 year’s imprisonment. (sec.27-ssec.1) This section applies for an animal as follows— cattle; a horse. (sec.27-ssec.2) A person, other than a veterinary surgeon, must not dock the animal’s tail. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.27-ssec.3) A veterinary surgeon must not dock the animal’s tail unless the surgeon reasonably considers the docking is in the interests of the animal’s welfare. Maximum penalty for subsection (3) —300 penalty units or 1 year’s imprisonment.
A person, other than a veterinary surgeon or an accredited person, must not spay cattle using the Willis dropped-ovary technique. Maximum penalty—300 penalty units or 1 year’s imprisonment. A person must not use vaginal spreaders to spay cattle that have not given birth. Maximum penalty—300 penalty units or 1 year’s imprisonment. In this section— accredited person means a person accredited to perform the Willis dropped-ovary technique to spay cattle under an approved cattle procedures accreditation scheme. prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has a flattened spearhead with a slit that— is in the forward end of the spearhead; and has a sharp edge at the end of the slit; and joins an oval hole at the other end of the slit. Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdominal cavity by using a prescribed instrument to— enter the abdominal cavity by piercing the wall of the vagina with the instrument’s spearhead; and place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument. s 27A ins 2022 No. 35 s 10 (sec.27A-ssec.1) A person, other than a veterinary surgeon or an accredited person, must not spay cattle using the Willis dropped-ovary technique. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.27A-ssec.2) A person must not use vaginal spreaders to spay cattle that have not given birth. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.27A-ssec.3) In this section— accredited person means a person accredited to perform the Willis dropped-ovary technique to spay cattle under an approved cattle procedures accreditation scheme. prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has a flattened spearhead with a slit that— is in the forward end of the spearhead; and has a sharp edge at the end of the slit; and joins an oval hole at the other end of the slit. Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdominal cavity by using a prescribed instrument to— enter the abdominal cavity by piercing the wall of the vagina with the instrument’s spearhead; and place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
A person, other than a veterinary surgeon or an accredited person, must not use rectal palpation or transrectal ultrasound to test for pregnancy in cattle unless the person performs the test without fee or reward. Maximum penalty—300 penalty units or 1 year’s imprisonment. In this section— accredited person means a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme. s 27B ins 2022 No. 35 s 10 (sec.27B-ssec.1) A person, other than a veterinary surgeon or an accredited person, must not use rectal palpation or transrectal ultrasound to test for pregnancy in cattle unless the person performs the test without fee or reward. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.27B-ssec.2) In this section— accredited person means a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme.
A person (a supplier ) must not supply another person a dog that the supplier knows has had a debarking operation performed on it unless the supplier gives the other person a signed veterinary surgeon’s certificate stating that the operation was performed in accordance with section 25 (2) . Maximum penalty—150 penalty units or 1 year’s imprisonment. However, subsection (1) does not apply if— the dog was abandoned; and the supplier is surrendering the dog to a pound or animal shelter. Subsection (4) applies if— a pound or animal shelter takes possession of a dog that has had a debarking procedure performed on it before the pound or animal shelter took possession of the dog; and the pound or animal shelter is not given a veterinary surgeon’s certificate for the dog as stated in subsection (1) . The pound or animal shelter must not supply a person with the dog unless the pound or animal shelter gives the person a certificate stating that the dog had the debarking procedure performed on it before the pound or animal shelter took possession of the dog. Maximum penalty—150 penalty units or 1 year’s imprisonment. Subsection (6) applies to a person who is supplied a dog— by a person in accordance with subsection (1) ; or by a pound or animal shelter in accordance with subsection (4) . The person (an on-supplier ) must not on-supply the dog to another person unless the on-supplier gives the other person— the signed veterinary surgeon’s certificate given for the dog under subsection (1) ; or the certificate given for the dog under subsection (4) . Maximum penalty—150 penalty units or 1 year’s imprisonment. s 28 sub 2022 No. 35 s 12 (sec.28-ssec.1) A person (a supplier ) must not supply another person a dog that the supplier knows has had a debarking operation performed on it unless the supplier gives the other person a signed veterinary surgeon’s certificate stating that the operation was performed in accordance with section 25 (2) . Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.28-ssec.2) However, subsection (1) does not apply if— the dog was abandoned; and the supplier is surrendering the dog to a pound or animal shelter. (sec.28-ssec.3) Subsection (4) applies if— a pound or animal shelter takes possession of a dog that has had a debarking procedure performed on it before the pound or animal shelter took possession of the dog; and the pound or animal shelter is not given a veterinary surgeon’s certificate for the dog as stated in subsection (1) . (sec.28-ssec.4) The pound or animal shelter must not supply a person with the dog unless the pound or animal shelter gives the person a certificate stating that the dog had the debarking procedure performed on it before the pound or animal shelter took possession of the dog. Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.28-ssec.5) Subsection (6) applies to a person who is supplied a dog— by a person in accordance with subsection (1) ; or by a pound or animal shelter in accordance with subsection (4) . (sec.28-ssec.6) The person (an on-supplier ) must not on-supply the dog to another person unless the on-supplier gives the other person— the signed veterinary surgeon’s certificate given for the dog under subsection (1) ; or the certificate given for the dog under subsection (4) . Maximum penalty—150 penalty units or 1 year’s imprisonment.
A person (a supplier ) must not supply another person with an animal that the supplier knows has had a regulated procedure performed on it unless the supplier has given the other person a signed veterinary surgeon’s certificate stating that the operation was performed in the interests of the animal’s welfare. Maximum penalty—150 penalty units or 1 year’s imprisonment. However, subsection (1) does not apply if— the animal was abandoned; and the supplier is surrendering the animal to a pound or animal shelter. Subsection (4) applies if— a pound or animal shelter takes possession of an animal that has had a regulated procedure performed on it; and the pound or animal shelter is not given a veterinary surgeon’s certificate for the animal in accordance with subsection (1) . The pound or animal shelter must not supply someone else the animal unless the pound or animal shelter gives the person a certificate stating that the animal had the regulated procedure performed on it before the pound or animal shelter took possession of it. Maximum penalty—150 penalty units or 1 year’s imprisonment. Subsection (6) applies to a person who is supplied an animal— by a person in accordance with subsection (1) ; or by a pound or animal shelter in accordance with subsection (4) . The person (an on-supplier ) must not on-supply the animal to another person unless the on-supplier gives the other person— the signed veterinary surgeon’s certificate given for the animal under subsection (1) ; or the certificate given for the animal under subsection (4) . Maximum penalty—150 penalty units or 1 year’s imprisonment. In this section— regulated procedure means— cropping a dog’s ear; removing a cat’s claw; docking the tail of a dog, horse or cow. s 29 sub 2022 No. 35 s 12 (sec.29-ssec.1) A person (a supplier ) must not supply another person with an animal that the supplier knows has had a regulated procedure performed on it unless the supplier has given the other person a signed veterinary surgeon’s certificate stating that the operation was performed in the interests of the animal’s welfare. Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.29-ssec.2) However, subsection (1) does not apply if— the animal was abandoned; and the supplier is surrendering the animal to a pound or animal shelter. (sec.29-ssec.3) Subsection (4) applies if— a pound or animal shelter takes possession of an animal that has had a regulated procedure performed on it; and the pound or animal shelter is not given a veterinary surgeon’s certificate for the animal in accordance with subsection (1) . (sec.29-ssec.4) The pound or animal shelter must not supply someone else the animal unless the pound or animal shelter gives the person a certificate stating that the animal had the regulated procedure performed on it before the pound or animal shelter took possession of it. Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.29-ssec.5) Subsection (6) applies to a person who is supplied an animal— by a person in accordance with subsection (1) ; or by a pound or animal shelter in accordance with subsection (4) . (sec.29-ssec.6) The person (an on-supplier ) must not on-supply the animal to another person unless the on-supplier gives the other person— the signed veterinary surgeon’s certificate given for the animal under subsection (1) ; or the certificate given for the animal under subsection (4) . Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.29-ssec.7) In this section— regulated procedure means— cropping a dog’s ear; removing a cat’s claw; docking the tail of a dog, horse or cow.
This section applies if a person is supplied 1 of the following animals (each a supplied animal )— a dog under section 28 ; an animal under section 29 . The person must keep the certificate given for the supplied animal while the person remains in charge of the animal. Maximum penalty—150 penalty units or 1 year’s imprisonment. The person must, if required by an inspector, make the certificate given for the supplied animal available for inspection by the inspector. Maximum penalty—150 penalty units or 1 year’s imprisonment. In this section— certificate , for a supplied animal, means— a signed veterinary surgeon’s certificate given for the animal as stated in section 28 (1) or 29 (1) ; or a certificate given for the animal as stated in section 28 (4) or 29 (4) . s 29A ins 2022 No. 35 s 12 (sec.29A-ssec.1) This section applies if a person is supplied 1 of the following animals (each a supplied animal )— a dog under section 28 ; an animal under section 29 . (sec.29A-ssec.2) The person must keep the certificate given for the supplied animal while the person remains in charge of the animal. Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.29A-ssec.3) The person must, if required by an inspector, make the certificate given for the supplied animal available for inspection by the inspector. Maximum penalty—150 penalty units or 1 year’s imprisonment. (sec.29A-ssec.4) In this section— certificate , for a supplied animal, means— a signed veterinary surgeon’s certificate given for the animal as stated in section 28 (1) or 29 (1) ; or a certificate given for the animal as stated in section 28 (4) or 29 (4) .
A person must not knowingly cause an animal in captivity to be injured or killed by a dog. Maximum penalty—300 penalty units or 1 year’s imprisonment. s 30 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1
A person must not release an animal if the release is— to allow the animal to be injured or killed by a dog; or in circumstances in which the animal is likely to be injured or killed by a dog unless the person took reasonable steps to prevent the injury or killing. Maximum penalty—300 penalty units or 1 year’s imprisonment. s 31 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1
A person must not keep or use an animal as a kill or lure— to give a dog a taste or sight of the animal’s blood; or to race or train a coursing dog. Maximum penalty—300 penalty units or 1 year’s imprisonment. For subsection (1) (a) , it does not matter whether the dog has previously tasted or seen the blood of the animal or of another animal. s 32 amd 2013 No. 51 s 229 sch 1 ; 2016 No. 28 s 4 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.32-ssec.1) A person must not keep or use an animal as a kill or lure— to give a dog a taste or sight of the animal’s blood; or to race or train a coursing dog. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.32-ssec.2) For subsection (1) (a) , it does not matter whether the dog has previously tasted or seen the blood of the animal or of another animal.
A driver must not transport a dog inside a vehicle if any part of the dog, other than its head, is able to protrude from the vehicle. Maximum penalty—60 penalty units. A driver must not transport a dog on the tray of a vehicle or on a trailer unless the dog is secured in such a way as to prevent it from— falling off, or out of, the tray or trailer; or moving off the tray or trailer; or being injured by the movement of the vehicle or trailer. Maximum penalty—60 penalty units. However, subsection (2) does not apply if— the dog is being transported on the tray of a vehicle or on a trailer; and the purpose of transporting the dog is to assist in the movement of livestock. s 33 sub 2022 No. 35 s 13 (sec.33-ssec.1) A driver must not transport a dog inside a vehicle if any part of the dog, other than its head, is able to protrude from the vehicle. Maximum penalty—60 penalty units. (sec.33-ssec.2) A driver must not transport a dog on the tray of a vehicle or on a trailer unless the dog is secured in such a way as to prevent it from— falling off, or out of, the tray or trailer; or moving off the tray or trailer; or being injured by the movement of the vehicle or trailer. Maximum penalty—60 penalty units. (sec.33-ssec.3) However, subsection (2) does not apply if— the dog is being transported on the tray of a vehicle or on a trailer; and the purpose of transporting the dog is to assist in the movement of livestock.
A person must not possess any of the following (a prohibited trap or spur ) unless the person has a reasonable excuse— a trap prescribed under a regulation to be a prohibited trap; a spur with sharpened or fixed rowels; a cockfighting spur cap. Maximum penalty—100 penalty units. It is a reasonable excuse to possess a prohibited trap or spur if— it has been rendered inoperable for use as a prohibited trap or spur; and the possession is for display or part of a collection. In this section— spur includes any device similar to a spur. (sec.34-ssec.1) A person must not possess any of the following (a prohibited trap or spur ) unless the person has a reasonable excuse— a trap prescribed under a regulation to be a prohibited trap; a spur with sharpened or fixed rowels; a cockfighting spur cap. Maximum penalty—100 penalty units. (sec.34-ssec.2) It is a reasonable excuse to possess a prohibited trap or spur if— it has been rendered inoperable for use as a prohibited trap or spur; and the possession is for display or part of a collection. (sec.34-ssec.3) In this section— spur includes any device similar to a spur.
A person must not use a prohibited trap or spur as a trap or spur. Maximum penalty—300 penalty units or 1 year’s imprisonment. s 35 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1
A person must not, with the intention of injuring or killing an animal, administer to, or feed, the animal a substance the person knows is harmful or poisonous to the animal. Maximum penalty—300 penalty units or 1 year’s imprisonment. However, subsection (1) does not apply to a person authorised to administer the substance to the animal under the Medicines and Poisons Act 2019 . A person must not, with the intention of injuring or killing any animal, lay a bait or a substance that is harmful or poisonous to any animal. Maximum penalty—300 penalty units or 1 year’s imprisonment. In this section— lay includes deposit, distribute, leave and throw. s 36 amd 2013 No. 51 s 229 sch 1 ; 2015 No. 15 s 20 ; 2019 No. 26 s 290 sch 2 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.36-ssec.1) A person must not, with the intention of injuring or killing an animal, administer to, or feed, the animal a substance the person knows is harmful or poisonous to the animal. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.36-ssec.2) However, subsection (1) does not apply to a person authorised to administer the substance to the animal under the Medicines and Poisons Act 2019 . (sec.36-ssec.3) A person must not, with the intention of injuring or killing any animal, lay a bait or a substance that is harmful or poisonous to any animal. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.36-ssec.4) In this section— lay includes deposit, distribute, leave and throw.
A person in control of an animal (the first animal ) must not unlawfully allow it to injure or kill another animal (the second animal ). Maximum penalty—300 penalty units or 1 year’s imprisonment. The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens— the first animal was under the person’s immediate supervision; and The first animal is within the person’s sight. the person— was aware of the second animal’s presence; and ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and did not take reasonable steps to prevent the injury or killing. If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. If the first animal is a cat, caging the cat while the second animal is vulnerable to it. s 37 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.37-ssec.1) A person in control of an animal (the first animal ) must not unlawfully allow it to injure or kill another animal (the second animal ). Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.37-ssec.2) The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens— the first animal was under the person’s immediate supervision; and The first animal is within the person’s sight. the person— was aware of the second animal’s presence; and ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and did not take reasonable steps to prevent the injury or killing. If the first animal is a dog, putting the dog on a lead while the second animal is vulnerable to it. If the first animal is a cat, caging the cat while the second animal is vulnerable to it.
A person must not possess any of the following devices (each a prohibited device ) unless the person has a reasonable excuse— a prong collar; another restraint device prescribed by regulation. Maximum penalty—30 penalty units. A person must not use a prohibited device on an animal unless the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— prong collar means a collar that— is designed for use on a dog; and consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the skin of a dog so that, when the collar is tightened, the collar pinches the skin around the dog’s neck. restraint device means a device fitted to an animal for the purpose of restraining it. collars, leads, harnesses, muzzles, halters s 37A ins 2022 No. 35 s 14 (sec.37A-ssec.1) A person must not possess any of the following devices (each a prohibited device ) unless the person has a reasonable excuse— a prong collar; another restraint device prescribed by regulation. Maximum penalty—30 penalty units. (sec.37A-ssec.2) A person must not use a prohibited device on an animal unless the person has a reasonable excuse. Maximum penalty—100 penalty units. (sec.37A-ssec.3) In this section— prong collar means a collar that— is designed for use on a dog; and consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the skin of a dog so that, when the collar is tightened, the collar pinches the skin around the dog’s neck. restraint device means a device fitted to an animal for the purpose of restraining it. collars, leads, harnesses, muzzles, halters
A person must not possess a net prescribed by a regulation (a prohibited net ) unless the person has a reasonable excuse. Maximum penalty—30 penalty units. A person must not use a prohibited net unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 37B ins 2022 No. 35 s 14 (sec.37B-ssec.1) A person must not possess a net prescribed by a regulation (a prohibited net ) unless the person has a reasonable excuse. Maximum penalty—30 penalty units. (sec.37B-ssec.2) A person must not use a prohibited net unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
A person must not apply extreme heat or cold, or acid or another caustic chemical, to the leg of a horse or dog with the intention of causing tissue damage or developing scar tissue around the ligaments or tendons of the animal’s leg. Maximum penalty—300 penalty units or 1 year’s imprisonment. s 37C ins 2022 No. 35 s 14 (sec.37C-ssec) A person must not apply extreme heat or cold, or acid or another caustic chemical, to the leg of a horse or dog with the intention of causing tissue damage or developing scar tissue around the ligaments or tendons of the animal’s leg. Maximum penalty—300 penalty units or 1 year’s imprisonment.
Sections 40 and 41A to 47 each provide an exemption (an offence exemption ) to the offences created under this chapter for a proceeding against a person for the offence. If an offence exemption applies to a particular act or omission, the person does not commit the offence that would otherwise be committed by the act or omission. The Justices Act 1886 , section 76 , applies to each exemption. This part does not limit another provision of this Act that creates an exemption to which the Justices Act 1886 , section 76 , applies. s 38 amd 2012 No. 23 s 9 (sec.38-ssec.1) Sections 40 and 41A to 47 each provide an exemption (an offence exemption ) to the offences created under this chapter for a proceeding against a person for the offence. (sec.38-ssec.2) If an offence exemption applies to a particular act or omission, the person does not commit the offence that would otherwise be committed by the act or omission. (sec.38-ssec.3) The Justices Act 1886 , section 76 , applies to each exemption. (sec.38-ssec.4) This part does not limit another provision of this Act that creates an exemption to which the Justices Act 1886 , section 76 , applies.
This division does not apply to an offence— against section 15 ; or to which division 3 applies.
It is an offence exemption for an offence if— for an offence constituted by doing an act— a code of practice or the scientific use code states requirements for how the act may be carried out; and the requirements, to the extent they are relevant to the act, have been complied with; or for an offence constituted by making an omission— a code of practice or the scientific use code states circumstances in which the omission may be made; and the stated circumstances for making the omission have happened. However, if the provisions of the code about how an act may be done or the circumstances in which the omission may be made are incomplete, it is only an offence exemption if, in doing the act or making the omission, the defendant complied with any duty of care the defendant owed to each animal to which the act or omission relates. (sec.40-ssec.1) It is an offence exemption for an offence if— for an offence constituted by doing an act— a code of practice or the scientific use code states requirements for how the act may be carried out; and the requirements, to the extent they are relevant to the act, have been complied with; or for an offence constituted by making an omission— a code of practice or the scientific use code states circumstances in which the omission may be made; and the stated circumstances for making the omission have happened. (sec.40-ssec.2) However, if the provisions of the code about how an act may be done or the circumstances in which the omission may be made are incomplete, it is only an offence exemption if, in doing the act or making the omission, the defendant complied with any duty of care the defendant owed to each animal to which the act or omission relates.
This section applies if— an offence exemption under this division would, other than for this section, apply for an offence; and a code of practice states requirements for how the act that constitutes the offence may be carried out. The offence exemption only applies if the provisions of the code, to the extent they are relevant to the act, have been complied with. Also, if the provisions of the code about how an act may be done are incomplete, it is only an offence exemption if, in doing the act, the defendant complied with any duty of care the defendant owed to each animal to which the act relates. (sec.41-ssec.1) This section applies if— an offence exemption under this division would, other than for this section, apply for an offence; and a code of practice states requirements for how the act that constitutes the offence may be carried out. (sec.41-ssec.2) The offence exemption only applies if the provisions of the code, to the extent they are relevant to the act, have been complied with. (sec.41-ssec.3) Also, if the provisions of the code about how an act may be done are incomplete, it is only an offence exemption if, in doing the act, the defendant complied with any duty of care the defendant owed to each animal to which the act relates.
This section applies for an offence if the act that constitutes the offence— involves the killing of an animal; and is done— in the exercise of native title rights and interests; or under the authority of another law of the State or the Commonwealth to take the animal to exercise Aboriginal tradition or Island custom; or under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 . hunting and killing an animal for personal consumption It is an offence exemption for the offence if the act is done in a way that causes the animal as little pain as is reasonable. For subsection (2) , the following acts or omissions are taken not to cause the animal as little pain as is reasonable— injuring the animal to stop it escaping after it has been caught; injuring the animal or prolonging its life to attract another animal; taking flesh from the animal for human consumption before the animal is dead; doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation. In this section— take , under the authority of another law, includes take, keep or use under the authority of the Nature Conservation Act 1992 . s 41A ins 2012 No. 23 s 10 amd 2014 No. 45 s 58 sch 1 pt 2 (sec.41A-ssec.1) This section applies for an offence if the act that constitutes the offence— involves the killing of an animal; and is done— in the exercise of native title rights and interests; or under the authority of another law of the State or the Commonwealth to take the animal to exercise Aboriginal tradition or Island custom; or under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 61 . hunting and killing an animal for personal consumption (sec.41A-ssec.2) It is an offence exemption for the offence if the act is done in a way that causes the animal as little pain as is reasonable. (sec.41A-ssec.3) For subsection (2) , the following acts or omissions are taken not to cause the animal as little pain as is reasonable— injuring the animal to stop it escaping after it has been caught; injuring the animal or prolonging its life to attract another animal; taking flesh from the animal for human consumption before the animal is dead; doing a thing or omitting to do a thing that causes the animal to die from dehydration or starvation. (sec.41A-ssec.4) In this section— take , under the authority of another law, includes take, keep or use under the authority of the Nature Conservation Act 1992 .
This section applies for an offence if the act that constitutes the offence— involves the killing of an animal; and is done by a veterinary surgeon. In a proceeding for the offence, it is a defence for a veterinary surgeon to prove— that the act was done in the belief that the animal was so diseased or severely injured, or in such poor physical or psychological condition, that it would have been cruel to keep it alive; and that the act was done in a humane way; and that the veterinary surgeon took reasonable steps to identify and contact the person in charge of the animal before doing the act. Without limiting subsection (2) (c) , reasonable steps include— scanning the animal for a microchip; and searching any relevant registers; and searching the animal for any other form of identification, including, for example, collars or tags. s 41B ins 2022 No. 35 s 15 (sec.41B-ssec.1) This section applies for an offence if the act that constitutes the offence— involves the killing of an animal; and is done by a veterinary surgeon. (sec.41B-ssec.2) In a proceeding for the offence, it is a defence for a veterinary surgeon to prove— that the act was done in the belief that the animal was so diseased or severely injured, or in such poor physical or psychological condition, that it would have been cruel to keep it alive; and that the act was done in a humane way; and that the veterinary surgeon took reasonable steps to identify and contact the person in charge of the animal before doing the act. (sec.41B-ssec.3) Without limiting subsection (2) (c) , reasonable steps include— scanning the animal for a microchip; and searching any relevant registers; and searching the animal for any other form of identification, including, for example, collars or tags.
This section applies for an offence if the act that constitutes the offence is— an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and the act does not involve the use of— a prohibited trap or spur; or a poison that includes the ingredients carbon disulfide and phosphorus. CSSP Pig Poison It is an offence exemption for the offence— if the act is done in a way that causes the animal as little pain as is reasonable; and the control complies with any conditions prescribed under a regulation. In this section— feral animal means an animal living in a wild state that is a member of a class of animals that usually live in a domestic state. buffalo, cats, dogs, donkeys, goats, horses and pigs pest animal means any of the following— a non-indigenous animal generally regarded as being a pest; black rats, brown rats and cane toads an animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ; See the Biosecurity Act 2014 , schedule 1 or schedule 2 . See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . an animal declared under a regulation made under this Act to be a pest; an animal required to be controlled under an Act; an animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act. s 42 amd 2014 No. 7 s 578 s ch 4 pt 2 ; 2022 No. 35 s 16 (sec.42-ssec.1) This section applies for an offence if the act that constitutes the offence is— an act done by a person to control a feral animal or pest animal, including, for example, by killing it; and the act does not involve the use of— a prohibited trap or spur; or a poison that includes the ingredients carbon disulfide and phosphorus. CSSP Pig Poison (sec.42-ssec.2) It is an offence exemption for the offence— if the act is done in a way that causes the animal as little pain as is reasonable; and the control complies with any conditions prescribed under a regulation. (sec.42-ssec.3) In this section— feral animal means an animal living in a wild state that is a member of a class of animals that usually live in a domestic state. buffalo, cats, dogs, donkeys, goats, horses and pigs pest animal means any of the following— a non-indigenous animal generally regarded as being a pest; black rats, brown rats and cane toads an animal that is prohibited matter or restricted matter under the Biosecurity Act 2014 ; See the Biosecurity Act 2014 , schedule 1 or schedule 2 . See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . an animal declared under a regulation made under this Act to be a pest; an animal required to be controlled under an Act; an animal the subject of a measure or program to control disease under the Biosecurity Act 2014 or another Act.
It is an offence exemption for an offence for a person if— the act that constitutes the offence involves using an animal (the food animal ) as live food for another animal (the fed animal ); and the food animal and the fed animal are both lawfully kept by the person; and the fed animal will only eat the food animal if it is alive; and feeding the food animal to the fed animal is essential for the fed animal’s survival.
It is an offence exemption for an offence if— the act that constitutes the offence involves the use of a live creature as follows for bait or as a lure to take, or attempt to take, fish— a fish; an invertebrate of a species from the class Cephalopoda or Malacostraca; and the fishing or attempted fishing complies with any conditions prescribed under a regulation.
It is an offence exemption for an offence if— the act that constitutes the offence involves the slaughter, under a religious faith, of an animal; and the slaughtered animal is to be used for human food; and the person doing the slaughtering follows the religious faith.
It is an offence exemption for an offence if— the act that constitutes the offence is the use of fishing apparatus under the Fisheries Act 1994 ; and the use is— to protect persons from attack by sharks; and carried out under an agreement between any person and the State for the disposal, tagging or taking of sharks.
It is an offence exemption for an offence if— the act that constitutes the offence is supplying an animal; and See part 4 , division 3 (Restriction on supplying animals that have undergone a regulated procedure). the supply is— by or for a prescribed entity; or by an inspector for the State. s 47 amd 2022 No. 35 s 17
An animal is used for scientific purposes if it is used in an activity performed to acquire, demonstrate or develop knowledge or a technique in any field of science. diagnosis environmental studies field trials producing biological products product testing research, including for example, creating or breeding a new line of animal teaching However, despite subsection (1) , banding a bird or tagging a fish is not use of the bird or fish for scientific purposes. The use of an animal for scientific purposes also includes using any of the remains of an animal that was killed for the purpose of carrying out an activity mentioned in subsection (1) . s 48 amd 2022 No. 35 s 18 (sec.48-ssec.1) An animal is used for scientific purposes if it is used in an activity performed to acquire, demonstrate or develop knowledge or a technique in any field of science. diagnosis environmental studies field trials producing biological products product testing research, including for example, creating or breeding a new line of animal teaching (sec.48-ssec.2) However, despite subsection (1) , banding a bird or tagging a fish is not use of the bird or fish for scientific purposes. (sec.48-ssec.3) The use of an animal for scientific purposes also includes using any of the remains of an animal that was killed for the purpose of carrying out an activity mentioned in subsection (1) .
The scientific use code means the ‘Australian code for the care and use of animals for scientific purposes 8th edition (2013)’, published by or for the National Health and Medical Research Council, including each new edition, as in force from time to time. On the commencement of this subsection, the scientific use code was available on the National Health and Medical Research Council’s website at https://www.nhmrc.gov.au/guidelines/publications/ea28. The chief executive must keep a copy of the most recent edition or revision of the code as in force from time to time, open for inspection, free of charge, by members of the public during office hours on business days at— the department’s head office; and other places the chief executive considers appropriate. If a new edition or revision of the code is published, the Minister must, within 14 sitting days after publication, table a copy of the edition or revision in the Legislative Assembly. In this section— published includes publication on the internet website of the National Health and Medical Research Council. s 49 amd 2015 No. 15 s 21 (sec.49-ssec.1) The scientific use code means the ‘Australian code for the care and use of animals for scientific purposes 8th edition (2013)’, published by or for the National Health and Medical Research Council, including each new edition, as in force from time to time. On the commencement of this subsection, the scientific use code was available on the National Health and Medical Research Council’s website at https://www.nhmrc.gov.au/guidelines/publications/ea28. (sec.49-ssec.2) The chief executive must keep a copy of the most recent edition or revision of the code as in force from time to time, open for inspection, free of charge, by members of the public during office hours on business days at— the department’s head office; and other places the chief executive considers appropriate. (sec.49-ssec.3) If a new edition or revision of the code is published, the Minister must, within 14 sitting days after publication, table a copy of the edition or revision in the Legislative Assembly. (sec.49-ssec.4) In this section— published includes publication on the internet website of the National Health and Medical Research Council.
In this chapter— animal ethics committee means an animal ethics committee formed under the scientific use code. conviction , for an animal welfare offence, means a conviction, other than a spent conviction, for— an animal welfare offence; or an offence against a law of the Commonwealth or another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an animal welfare offence; or an offence committed anywhere in Australia before this part commenced that, apart from the non-commencement of this part, would have been an offence mentioned in paragraph (a) or (b) . disqualifying event means— a conviction for an animal welfare offence; or the cancellation or suspension, under part 2 , division 4 , subdivision 2 , of registration; or the cancellation or suspension, under a law of another State or the Commonwealth, of an authority, instrument, licence permit or registration, however called, that is the same as, or similar to, registration under this chapter. spent conviction ... s 50 def spent conviction om 2023 No. 23 s 247 sch 1 s 4
A person must not use an animal for a scientific purpose, or allow an animal to be used for a scientific purpose unless the person is— registered; or an individual retained by a registered person acting in the course of the individual’s retainer; or a student at a college, institute, school, university or other institution that is registered and acting in the course of the person’s studies with the institution. Maximum penalty—300 penalty units or 1 year’s imprisonment. In this section— retained means employed or engaged, whether or not for remuneration. s 51 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.51-ssec.1) A person must not use an animal for a scientific purpose, or allow an animal to be used for a scientific purpose unless the person is— registered; or an individual retained by a registered person acting in the course of the individual’s retainer; or a student at a college, institute, school, university or other institution that is registered and acting in the course of the person’s studies with the institution. Maximum penalty—300 penalty units or 1 year’s imprisonment. (sec.51-ssec.2) In this section— retained means employed or engaged, whether or not for remuneration.
A person may apply to the chief executive for, or to renew, registration (a registration application ). A registration application must— be made in the approved form; and state each of the following— the applicant’s name and address; the name of each animal ethics committee proposed for the applicant; terms of reference for each committee; if the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and be supported by enough other information to enable the chief executive to decide the application; and be accompanied by the prescribed fee. (sec.52-ssec.1) A person may apply to the chief executive for, or to renew, registration (a registration application ). (sec.52-ssec.2) A registration application must— be made in the approved form; and state each of the following— the applicant’s name and address; the name of each animal ethics committee proposed for the applicant; terms of reference for each committee; if the applicant is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; and be supported by enough other information to enable the chief executive to decide the application; and be accompanied by the prescribed fee.
The chief executive may, after a registration application has been made, by notice, require the applicant to give the chief executive a stated document or information that is relevant to the application. The notice may require the applicant to verify the correctness of the document or information by statutory declaration. (sec.53-ssec.1) The chief executive may, after a registration application has been made, by notice, require the applicant to give the chief executive a stated document or information that is relevant to the application. (sec.53-ssec.2) The notice may require the applicant to verify the correctness of the document or information by statutory declaration.
The chief executive must consider and either grant or refuse each registration application within 28 days after the last of the following events to happen— the making of the application; the chief executive’s receipt of all necessary information to decide the application; if, under section 53 , the chief executive has required the applicant to give a document or information—the giving of the required document or information.
The chief executive must not grant a registration application unless the chief executive is satisfied the applicant and each animal ethics committee proposed for the applicant is likely, if the applicant is registered, to comply with the scientific use code. In considering the application, the chief executive must consider— whether a disqualifying event has happened in relation to the applicant or any proposed member of an animal ethics committee for the applicant; and if the applicant is a corporation, whether a disqualifying event has happened in relation to— any of its executive officers; or another corporation of which any of its executive officers is, or has been, an executive officer; and another matter prescribed under a regulation. Subsections (1) and (2) do not limit the matters the chief executive may consider. (sec.55-ssec.1) The chief executive must not grant a registration application unless the chief executive is satisfied the applicant and each animal ethics committee proposed for the applicant is likely, if the applicant is registered, to comply with the scientific use code. (sec.55-ssec.2) In considering the application, the chief executive must consider— whether a disqualifying event has happened in relation to the applicant or any proposed member of an animal ethics committee for the applicant; and if the applicant is a corporation, whether a disqualifying event has happened in relation to— any of its executive officers; or another corporation of which any of its executive officers is, or has been, an executive officer; and another matter prescribed under a regulation. (sec.55-ssec.3) Subsections (1) and (2) do not limit the matters the chief executive may consider.
The chief executive may, in granting a registration application, impose conditions on the registration that are relevant and reasonable ( registration conditions ).
If a registration application is granted, the chief executive must as soon as practicable— comply with section 61 in relation to the applicant; and give the applicant a signed registration certificate in the approved form.
Registration is for the term stated on the registration certificate. The stated term must not be longer than 4 years. A replacement registration certificate given under section 79 or 88 does not extend or otherwise affect the term. s 58 sub 2022 No. 35 s 19 (sec.58-ssec.1) Registration is for the term stated on the registration certificate. (sec.58-ssec.2) The stated term must not be longer than 4 years. (sec.58-ssec.3) A replacement registration certificate given under section 79 or 88 does not extend or otherwise affect the term.
The chief executive must, as soon as practicable after making a decision as follows about a registration application, give the applicant an information notice about the decision— a decision to refuse the application; a decision to impose a registration condition.
The chief executive must keep a register of persons registered to use animals for scientific purposes. The chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form. (sec.60-ssec.1) The chief executive must keep a register of persons registered to use animals for scientific purposes. (sec.60-ssec.2) The chief executive may keep the register in the way the chief executive considers appropriate, including, for example, in electronic form.
The register must state the following for each registered person— the person’s name, address and registered number; each of the following items of information from the person’s registration application— each animal ethics committee for the person; the terms of reference for each committee; if the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; other information prescribed under a regulation. The register may include other information the chief executive considers appropriate. The information recorded under subsections (1) and (2) in the register for a registered person is called the person’s registration details . (sec.61-ssec.1) The register must state the following for each registered person— the person’s name, address and registered number; each of the following items of information from the person’s registration application— each animal ethics committee for the person; the terms of reference for each committee; if the person is not an individual—the person or office holder to whom each proposed chairperson of each committee must report; other information prescribed under a regulation. (sec.61-ssec.2) The register may include other information the chief executive considers appropriate. (sec.61-ssec.3) The information recorded under subsections (1) and (2) in the register for a registered person is called the person’s registration details .
Subject to section 70 , the chief executive must— keep the register open for inspection, free of charge, by members of the public during office hours on business days at the department’s head office; and At the commencement of this section, the department’s head office was at 41 George Street, Brisbane. allow a person to take extracts, free of charge, from the register; and give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation. s 62 amd 2022 No. 35 s 20
A person must not, in connection with the use of an animal for a scientific purpose, intentionally or recklessly falsely represent that the person or someone else is a registered person. Maximum penalty—150 penalty units.
A registered person or an applicant for registration may apply to the chief executive for an exemption (a disclosure exemption ) for stated registration details or proposed registration details for the person. However, a disclosure exemption can be given for the person’s name only if the person is an individual. (sec.64-ssec.1) A registered person or an applicant for registration may apply to the chief executive for an exemption (a disclosure exemption ) for stated registration details or proposed registration details for the person. (sec.64-ssec.2) However, a disclosure exemption can be given for the person’s name only if the person is an individual.
A disclosure exemption application must be in the approved form and state— that the registration details, or proposed registration details, the subject of the application are— not required to be disclosed under another law of the State; and not publicly available; and that disclosure of the registration details is likely to disadvantage the interests of the applicant or a stated member of an animal ethics committee or proposed animal ethics committee for the applicant; and the nature of the disadvantage.
The chief executive must consider each disclosure exemption application and either grant or refuse the disclosure exemption applied for within 28 days after the last of the following events to happen— the making of the application; if the applicant is not a registered person—the deciding of the registration application to which the disclosure exemption application relates.
The chief executive may grant a disclosure exemption only if the chief executive is satisfied— the registration details the subject of the exemption are— not required to be disclosed under another law of the State; and not publicly available; and disclosure of the details is likely to disadvantage the interests of the applicant or a member of an animal ethics committee or proposed animal ethics committee for the applicant for the exemption; and the disadvantage outweighs the public interest in the details being disclosed.
The chief executive may grant a disclosure exemption for the whole or part of the registration details the subject of the relevant application.
The chief executive must, as soon as practicable after making a decision as follows about a disclosure exemption application, give the applicant an information notice about the decision— a decision to refuse the application; a decision to grant a disclosure exemption, but for only part of the registration details the subject of the relevant application.
The chief executive must not allow a person (the first person ) to inspect, take extracts from or copy exempted material unless— the relevant registered person has agreed in writing; or the first person is performing functions under or in relation to the administration of this Act; or the disclosure is expressly permitted or required under another Act. An official must not disclose exempted material acquired by the official in the official’s capacity as an official to anyone else, unless the disclosure is made under subsection (1) . Maximum penalty—100 penalty units. In this section— exempted material means any of the following that the relevant registered person has not publicly disclosed— the registration details the subject of a disclosure exemption; a part of a document submitted, or proposed to be submitted, under this Act that contains the details. official means— a person who is, or has been, a public service employee; or another person performing functions under or in relation to the administration of this Act. (sec.70-ssec.1) The chief executive must not allow a person (the first person ) to inspect, take extracts from or copy exempted material unless— the relevant registered person has agreed in writing; or the first person is performing functions under or in relation to the administration of this Act; or the disclosure is expressly permitted or required under another Act. (sec.70-ssec.2) An official must not disclose exempted material acquired by the official in the official’s capacity as an official to anyone else, unless the disclosure is made under subsection (1) . Maximum penalty—100 penalty units. (sec.70-ssec.3) In this section— exempted material means any of the following that the relevant registered person has not publicly disclosed— the registration details the subject of a disclosure exemption; a part of a document submitted, or proposed to be submitted, under this Act that contains the details. official means— a person who is, or has been, a public service employee; or another person performing functions under or in relation to the administration of this Act.
The chief executive may amend a person’s registration details at any time by giving the person notice of the amendment and recording particulars of the amendment in the register if the amendment— is to correct a clerical or formal error; or does not adversely affect the person’s interests; or is at the person’s written request.
The chief executive may amend a person’s registration if— the chief executive considers the amendment necessary or desirable; and the procedure under subdivision 3 is followed.
The chief executive may cancel or suspend a person’s registration if— an event mentioned in subsection (2) has happened; and the procedure under subdivision 3 is followed. For subsection (1) , the event is any of the following— the registration was because of a materially false or misleading representation or declaration, made either orally or in writing; the person has not complied with a registration condition; the person has not paid a fee prescribed under this Act in relation to the registration; if the person is an individual— a disqualifying event happens in relation to the individual; or the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors; if the person is a corporation— a disqualifying event happens in relation to any of its executive officers or another corporation of which any of its executive officers is, or has been, an executive officer; or it becomes insolvent as defined under the Corporations Act , section 95A ; a disqualifying event happens in relation to a member of an animal ethics committee for the person; an animal ethics committee for the person has not— performed any of its functions under the scientific use code; or complied with the code to the extent it is relevant to the committee. (sec.73-ssec.1) The chief executive may cancel or suspend a person’s registration if— an event mentioned in subsection (2) has happened; and the procedure under subdivision 3 is followed. (sec.73-ssec.2) For subsection (1) , the event is any of the following— the registration was because of a materially false or misleading representation or declaration, made either orally or in writing; the person has not complied with a registration condition; the person has not paid a fee prescribed under this Act in relation to the registration; if the person is an individual— a disqualifying event happens in relation to the individual; or the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors; if the person is a corporation— a disqualifying event happens in relation to any of its executive officers or another corporation of which any of its executive officers is, or has been, an executive officer; or it becomes insolvent as defined under the Corporations Act , section 95A ; a disqualifying event happens in relation to a member of an animal ethics committee for the person; an animal ethics committee for the person has not— performed any of its functions under the scientific use code; or complied with the code to the extent it is relevant to the committee.
This subdivision applies if the chief executive proposes to— amend, under section 72 , a person’s registration details; or cancel or suspend a person’s registration.
The chief executive must give the person a notice stating each of the following— the action (the proposed action ) the chief executive proposes to take under this subdivision; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is to amend registration details—the proposed amendment; if the proposed action is to suspend the registration—the proposed suspension period; that the holder may make, within a stated period, written representations to show why the proposed action should not be taken. The stated period must end at least 28 days after the holder is given the notice. (sec.75-ssec.1) The chief executive must give the person a notice stating each of the following— the action (the proposed action ) the chief executive proposes to take under this subdivision; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is to amend registration details—the proposed amendment; if the proposed action is to suspend the registration—the proposed suspension period; that the holder may make, within a stated period, written representations to show why the proposed action should not be taken. (sec.75-ssec.2) The stated period must end at least 28 days after the holder is given the notice.
The chief executive must consider any written representation made under section 75 by the person within the period stated in the notice. If the chief executive at any time decides not to take the proposed action, the chief executive must promptly give the person notice of the decision. (sec.76-ssec.1) The chief executive must consider any written representation made under section 75 by the person within the period stated in the notice. (sec.76-ssec.2) If the chief executive at any time decides not to take the proposed action, the chief executive must promptly give the person notice of the decision.
If, after complying with section 76 , the chief executive still believes a ground exists to take the proposed action, the chief executive may decide to— if the proposed action was to amend registration details—make the amendment; or if the proposed action was to suspend the registration for a stated period—suspend the registration for no longer than the proposed suspension period; or if the proposed action was to cancel the registration— cancel the registration; or suspend it for a fixed period.
The chief executive must, as soon as practicable after making a decision under section 77 , give the person an information notice about the decision. The decision takes effect on the later of the following— the day the notice is given to the holder; a later day of effect stated in the notice. However, if the decision was to cancel or suspend the registration because of a conviction, the cancellation or suspension— does not take effect until— the period to appeal against the conviction ends; and if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and has no effect if the conviction is quashed on appeal. (sec.78-ssec.1) The chief executive must, as soon as practicable after making a decision under section 77 , give the person an information notice about the decision. (sec.78-ssec.2) The decision takes effect on the later of the following— the day the notice is given to the holder; a later day of effect stated in the notice. (sec.78-ssec.3) However, if the decision was to cancel or suspend the registration because of a conviction, the cancellation or suspension— does not take effect until— the period to appeal against the conviction ends; and if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and has no effect if the conviction is quashed on appeal.
If the chief executive amends a person’s registration details, the chief executive must, as soon as practicable after making the amendment, give the person a replacement registration certificate that reflects the amendment.
If a person’s registration is suspended under this division, the chief executive must record in the register particulars of when the suspension period starts and ends.
This division applies if the chief executive is making a decision (the registration decision ) about whether or not to— grant a registration application; or take proposed action in relation to a person’s registration.
The commissioner of the police service must, if asked by the chief executive, give the chief executive a written report (an animal welfare offence report ) about— any convictions for animal welfare offences recorded against— the applicant; or the registered person; or any member or proposed member of an animal ethics committee for the applicant or registered person; and if the applicant or registered person is a corporation, whether a disqualifying event has happened in relation to— any of its executive officers; and another corporation of which any of its executive officers is, or has been, an executive officer. The report must be prepared from— information in the commissioner’s possession; and information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions. However, subsection (2) is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 . (sec.82-ssec.1) The commissioner of the police service must, if asked by the chief executive, give the chief executive a written report (an animal welfare offence report ) about— any convictions for animal welfare offences recorded against— the applicant; or the registered person; or any member or proposed member of an animal ethics committee for the applicant or registered person; and if the applicant or registered person is a corporation, whether a disqualifying event has happened in relation to— any of its executive officers; and another corporation of which any of its executive officers is, or has been, an executive officer. (sec.82-ssec.2) The report must be prepared from— information in the commissioner’s possession; and information the commissioner can reasonably obtain by asking officials administering police services in other Australian jurisdictions. (sec.82-ssec.3) However, subsection (2) is subject to the Criminal Law (Rehabilitation of Offenders) Act 1986 .
This section applies if the chief executive is considering information about a person contained in an animal welfare offence report. The information must not be used for any purpose other than to make the registration decision. When making the decision, the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— when the offence was committed; the nature of the offence and its relevance to the decision. (sec.83-ssec.1) This section applies if the chief executive is considering information about a person contained in an animal welfare offence report. (sec.83-ssec.2) The information must not be used for any purpose other than to make the registration decision. (sec.83-ssec.3) When making the decision, the chief executive must have regard to the following matters relating to information about the commission of an offence by the person— when the offence was committed; the nature of the offence and its relevance to the decision.
Before using information contained in an animal welfare offence report to make the registration decision, the chief executive must— disclose the information to the person to whom the report relates; and allow the person a reasonable opportunity to make representations to the chief executive about the information.
s 85 om 2020 No. 3 s 7
This section applies if the chief executive has obtained an animal welfare offence report and the registration decision has been made. The chief executive must destroy the report as soon as practicable after the later of the following— if a conviction is mentioned in the report— the end of the period to appeal against the conviction; or the deciding or the ending of any appeal against the conviction and any appeal from that appeal; the end of any period under this Act to appeal against, or apply for a review of, the registration decision; the deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review. (sec.86-ssec.1) This section applies if the chief executive has obtained an animal welfare offence report and the registration decision has been made. (sec.86-ssec.2) The chief executive must destroy the report as soon as practicable after the later of the following— if a conviction is mentioned in the report— the end of the period to appeal against the conviction; or the deciding or the ending of any appeal against the conviction and any appeal from that appeal; the end of any period under this Act to appeal against, or apply for a review of, the registration decision; the deciding or other ending of an appeal or review mentioned in paragraph (b) and any appeal from that appeal or review.
Each registered person must, on or before 31 May in each year (the reporting day ), give the chief executive a written report (an annual report ) for the period from 1 January to 31 December immediately before the reporting day that complies with subsection (2) . Maximum penalty—150 penalty units. For subsection (1) , an annual report must state— information prescribed under a regulation about— animals the person has used, or allowed to be used, for scientific purposes; and complaints, enquiries and grievances about the use of animals for scientific purposes; and another matter prescribed under a regulation about the scientific use of animals by the person. The chief executive and the registered person may, by writing, agree to change the reporting day to another day (the new reporting day ). If the reporting day is changed— the period from when the last annual report was given to the new reporting day is taken to be a period for which an annual report must be given under subsection (1) ; and subject to paragraph (a) , the period mentioned in subsection (1) is taken to be changed to the equivalent period that corresponds with the change. s 87 amd 2006 No. 48 s 7 (sec.87-ssec.1) Each registered person must, on or before 31 May in each year (the reporting day ), give the chief executive a written report (an annual report ) for the period from 1 January to 31 December immediately before the reporting day that complies with subsection (2) . Maximum penalty—150 penalty units. (sec.87-ssec.2) For subsection (1) , an annual report must state— information prescribed under a regulation about— animals the person has used, or allowed to be used, for scientific purposes; and complaints, enquiries and grievances about the use of animals for scientific purposes; and another matter prescribed under a regulation about the scientific use of animals by the person. (sec.87-ssec.3) The chief executive and the registered person may, by writing, agree to change the reporting day to another day (the new reporting day ). (sec.87-ssec.4) If the reporting day is changed— the period from when the last annual report was given to the new reporting day is taken to be a period for which an annual report must be given under subsection (1) ; and subject to paragraph (a) , the period mentioned in subsection (1) is taken to be changed to the equivalent period that corresponds with the change.
This section applies to a registered person if— a disqualifying event happens in relation to the person; or a material particular in the information given for the person’s application for registration changes. The person must give notice of the event or change to the chief executive within 7 business days after the event or change happens. Maximum penalty—50 penalty units. s 87A ins 2022 No. 35 s 21 (sec.87A-ssec.1) This section applies to a registered person if— a disqualifying event happens in relation to the person; or a material particular in the information given for the person’s application for registration changes. (sec.87A-ssec.2) The person must give notice of the event or change to the chief executive within 7 business days after the event or change happens. Maximum penalty—50 penalty units.
A registered person may apply to the chief executive for a replacement registration certificate if the person’s registration certificate has been damaged, destroyed or lost. The application must be in the approved form and accompanied by the fee prescribed under a regulation. The chief executive may give the replacement certificate only if the chief executive is satisfied the person’s registration certificate has been damaged, destroyed or lost. (sec.88-ssec.1) A registered person may apply to the chief executive for a replacement registration certificate if the person’s registration certificate has been damaged, destroyed or lost. (sec.88-ssec.2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (sec.88-ssec.3) The chief executive may give the replacement certificate only if the chief executive is satisfied the person’s registration certificate has been damaged, destroyed or lost.
A person’s registration can not be transferred.
A registered person may, by notice to the chief executive, surrender the registration. The surrender takes effect on the later of the following— the day the notice is given; a day stated in the notice for the surrender. (sec.90-ssec.1) A registered person may, by notice to the chief executive, surrender the registration. (sec.90-ssec.2) The surrender takes effect on the later of the following— the day the notice is given; a day stated in the notice for the surrender.
A person must not use an animal for a scientific purpose, or allow an animal to be used for a scientific purpose, unless— the use is approved by an animal ethics committee whose registered terms of reference includes monitoring the use; and any requirements of the committee made under the scientific use code in relation to the use have been complied with; and the provisions of the code, to the extent they are relevant to the use, have been complied with. Maximum penalty—300 penalty units or 1 year’s imprisonment. s 91 amd 2013 No. 51 s 229 sch 1 ; 2024 No. 17 s 192 s ch 1 pt 1
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Animal Care and Protection Act 2001 .
This Act commences on a day to be fixed by proclamation.
The purposes of this Act are to do the following— promote the responsible care and use of animals; provide standards for the care and use of animals that— achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; protect animals from unjustifiable, unnecessary or unreasonable pain; ensure the use of animals for scientific purposes is accountable, open and responsible.
The purposes are to be primarily achieved by the following— providing for regulations about codes of practice for animal welfare; allowing regulations to require compliance with codes of practice; imposing a duty of care on persons in charge of animals; prohibiting certain conduct in relation to animals; requiring a person using an animal for scientific purposes to comply with the scientific use code; providing for the registration of certain users of animals for scientific purposes; providing for the appointment of authorised officers to monitor compliance with compulsory code requirements and the scientific use code; providing for the appointment of inspectors to investigate and enforce this Act; allowing the Minister to establish an animal welfare advisory committee or another body to advise the Minister on animal welfare issues.
Subject to sections 6 to 7 , this Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. However, the Commonwealth or a State can not be prosecuted for an offence against this Act. s 5 amd 2012 No. 23 s 5 (sec.5-ssec.1) Subject to sections 6 to 7 , this Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
This Act does not apply to the State for an animal only because it is— a protected animal or an animal in the wild under the Nature Conservation Act 1992 ; and the property of the State under that Act, another Act or the common law. See the Nature Conservation Act 1992 , section 83 (Property in protected animals).
This Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2) . This Act applies to an act done, or omission made, by a person for the purposes of either of the following if authorised under the Nature Conservation Act 1992 — taking, keeping or using an animal to exercise Aboriginal tradition or Island custom; using an animal for a scientific purpose. A person does not commit an offence under this Act only because the person does an act or makes an omission that— is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and would, apart from this subsection, constitute an offence under this Act. s 6A ins 2012 No. 23 s 6 (sec.6A-ssec.1) This Act does not affect the application of the Nature Conservation Act 1992 other than as provided under subsection (2) . (sec.6A-ssec.2) This Act applies to an act done, or omission made, by a person for the purposes of either of the following if authorised under the Nature Conservation Act 1992 — taking, keeping or using an animal to exercise Aboriginal tradition or Island custom; using an animal for a scientific purpose. (sec.6A-ssec.3) A person does not commit an offence under this Act only because the person does an act or makes an omission that— is authorised under the Nature Conservation Act 1992 , other than an act or omission mentioned in subsection (2) ; and would, apart from this subsection, constitute an offence under this Act.
This Act does not affect the application of— the Fisheries Act 1994 ; or the Racing Act 2002 ; or the Racing Integrity Act 2016 . A person who lawfully does an act, or makes an omission, authorised under an Act mentioned in subsection (1) that would, apart from this subsection, constitute an offence under this Act, is taken not to commit the offence by reason only of doing the act or making the omission. However, subsection (2) does not apply if the act is the use of an animal for a scientific purpose. s 7 amd 2002 No. 58 s 398 (1) sch 2 pt 1 ; 2012 No. 23 s 7 ; 2016 No. 12 s 297 (sec.7-ssec.1) This Act does not affect the application of— the Fisheries Act 1994 ; or the Racing Act 2002 ; or the Racing Integrity Act 2016 . (sec.7-ssec.2) A person who lawfully does an act, or makes an omission, authorised under an Act mentioned in subsection (1) that would, apart from this subsection, constitute an offence under this Act, is taken not to commit the offence by reason only of doing the act or making the omission. (sec.7-ssec.3) However, subsection (2) does not apply if the act is the use of an animal for a scientific purpose.
A person does not avoid liability to be prosecuted for an offence under this Act only because the act or omission that constitutes the offence happens in the exercise or enjoyment of native title rights and interests. s 8 sub 2012 No. 23 s 8
This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. In addition, a breach of the duty of care imposed under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law. (sec.9-ssec.1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (sec.9-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (sec.9-ssec.3) In addition, a breach of the duty of care imposed under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. (sec.9-ssec.4) This Act does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.
The dictionary in the schedule defines particular words used in this Act.
An animal is any of the following— a live member of a vertebrate animal taxon; an amphibian a bird a fish a mammal, other than a human being a reptile a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— a mammalian or reptilian fetus; an avian, mammalian or reptilian pre-hatched young; a live marsupial young; a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda; cuttlefish, nautilus, octopi, squid a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph. crabs, crayfish, lobsters, prawns However, a human being or human fetus is not an animal. To remove any doubt, it is declared that the following are not animals— the eggs, spat or spawn of a fish; a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ; another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) . s 11 amd 2022 No. 35 s 3 (sec.11-ssec.1) An animal is any of the following— a live member of a vertebrate animal taxon; an amphibian a bird a fish a mammal, other than a human being a reptile a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— a mammalian or reptilian fetus; an avian, mammalian or reptilian pre-hatched young; a live marsupial young; a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda; cuttlefish, nautilus, octopi, squid a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Malacostraca prescribed by regulation for this paragraph. crabs, crayfish, lobsters, prawns (sec.11-ssec.2) However, a human being or human fetus is not an animal. (sec.11-ssec.3) To remove any doubt, it is declared that the following are not animals— the eggs, spat or spawn of a fish; a pre-natal, larval or pre-hatched creature, other than a creature mentioned in subsection (1) (b) or (c) ; another immature form of a creature, other than a creature mentioned in subsection (1) (a) to (c) .
A person is a person in charge of an animal if the person— owns or has a lease, licence or other proprietary interest in the animal; or has the custody of the animal; or is employing or has engaged someone else who has the custody of the animal and the custody is within the scope of the employment or engagement. Despite subsection (1) (a) , a person who holds a mortgage or other security interest in an animal only becomes a person in charge of the animal if the person takes a step to enforce the mortgage or other security. (sec.12-ssec.1) A person is a person in charge of an animal if the person— owns or has a lease, licence or other proprietary interest in the animal; or has the custody of the animal; or is employing or has engaged someone else who has the custody of the animal and the custody is within the scope of the employment or engagement. (sec.12-ssec.2) Despite subsection (1) (a) , a person who holds a mortgage or other security interest in an animal only becomes a person in charge of the animal if the person takes a step to enforce the mortgage or other security.
This is an opening excerpt, not the complete document.