Animal Care and Protection Act 2001
sec.11What is an animal
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sec.11 What is an animal
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) a live member of a vertebrate animal taxon; Examples— • an amphibian • a bird • a fish • a mammal, other than a human being • a reptile
- • an amphibian
- • a bird
- • a fish
- • a mammal, other than a human being
- • a reptile
- (b) a live pre-natal or pre-hatched creature as follows if it is in the last half of gestation or development— (i) a mammalian or reptilian fetus; (ii) an avian, mammalian or reptilian pre-hatched young;
- (i) a mammalian or reptilian fetus;
- (ii) an avian, mammalian or reptilian pre-hatched young;