Animal Welfare Act 1992

1 Name of Act This Act is the Animal Welfare Act 1992.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘native animal—see the Nature Conservation Act 2014, section 12.’ means that the term ‘native animal’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Preliminary Part 1

4A Objects of Act (1) The main objects of this Act are to recognise that— (a) animals are sentient beings that are able to subjectively feel and perceive the world around them; and (b) animals have intrinsic value and deserve to be treated with compassion and have a quality of life that reflects their intrinsic value; and (c) people have a duty to care for the physical and mental welfare of animals. (2) This is to be achieved particularly by— (a) promoting and protecting the welfare of animals; and (b) providing for the proper and humane care, management and treatment of animals; and (c) deterring and preventing animal cruelty and the abuse and neglect of animals; and (d) enforcing laws about the matters mentioned in paragraphs (a), (b) and (c).

5 Animal Welfare Authority The director-general must appoint a public servant as the Animal Welfare Authority. nominating the occupant of a position (see Legislation Act, s 207).

6 Delegation by authority (1) The authority may delegate to a public servant or another person a function given to the authority under this Act. Note For the making of delegations and the exercise of a delegated function, see the Legislation Act, pt 19.4. (2) However, the authority must not delegate a function to a person who is not a public servant without first being satisfied that the function needs to be exercised by a person who is not a public servant.

6A Definitions—pt 2 confine, an animal, means— (a) enclose the animal in a pen, vehicle, cage, box or other container or small space; or (b) otherwise limit or restrict the animal’s freedom of movement, including by— (i) tying up the animal; or (ii) using a device on the animal; or (iii) impairing the animal. Examples—device hood, bridle, tether Example—impairing animal clipping the feathers of a bird’s wing cruelty, in relation to an animal, includes the following: (a) doing, or not doing, something to an animal that causes, or is likely to cause, injury, pain, stress or death to the animal that is unjustifiable, unnecessary or unreasonable in the circumstances; (b) abusing, terrifying or tormenting the animal. poison includes glass or anything else that, if ingested by an animal, is likely to kill or injure the animal.

6B Failure to provide appropriate care (1) A person in charge of an animal commits an offence if the person fails to give the animal— (a) appropriate food; or (b) appropriate water; or (c) appropriate treatment for illness, disease or injury; or (d) appropriate shelter or accommodation; or (e) a clean and hygienic living environment; or (f) appropriate grooming and maintenance; or (g) appropriate exercise; or (h) appropriate opportunities to display behaviour that is normal for the animal; or (i) care that is appropriate for the animal’s wellbeing. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note 1 The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code, s 58). Note 2 If an inspector or authorised officer reasonably believes s (1) applies, the inspector or authorised officer may give a written direction to the person to give appropriate care to the animal (see s 85). appropriate, in relation to an animal, means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal.

treatment includes veterinary treatment, including preventative treatment, if a reasonable person would expect veterinary treatment to be sought in the circumstances.

6C Failure to provide animal with water or shelter (a) the person keeps the animal on premises; and (b) at any time when the animal is on the premises, the animal does not have access to water or shelter.

6D Failure to provide animal with hygienic environment (a) the person keeps the animal on premises; and (b) the place where the animal is kept is unhygienic for the animal. 1 faeces not removed 2 vermin infestation

6E Failure to properly groom and maintain animal (a) the person fails to groom or maintain the animal; and (b) the failure causes, or is likely to cause, injury, pain, stress or death to the animal. 1 eye infection caused by hair growing over eyes 2 impairment caused by unclipped nails 3 skin irritation caused by flea infestation

6F Failure to exercise dog (1) A person in charge of a dog commits an offence if— (a) the dog is confined so that it cannot exercise for a continuous period of 24 hours; and (b) the dog is not exercised, or allowed to exercise itself, for— (i) the next 2 hours; or (ii) the next 1 hour and for another hour in the next 24 hour period. (2) In deciding if a dog is confined so that it cannot exercise, regard must be had to the dog’s age, physical condition and size. (3) Subsection (1) does not apply if— (a) the dog is kept in a yard or residence in a way that it can move freely; or

(b) the dog needs to be confined for the dog’s welfare. a dog needs to be confined, on veterinary advice, after a surgical procedure

6G Abandoning an animal (1) A person in charge of an animal commits an offence if the person— (a) abandons the animal; and (b) either— (i) knows no other person is able to care for, and consents to caring for, the animal; or (ii) is reckless about whether another person is able to care for, and consents to caring for, the animal. (2) A person in charge of an animal commits an offence if the person abandons the animal.

7 Cruelty A person commits an offence if the person commits an act of cruelty on an animal. Maximum penalty: 200 penalty units, imprisonment for 2 years or

7A Aggravated cruelty (a) the person commits an act of cruelty on an animal; and (b) the act causes the death of the animal; and (c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal. (a) the person commits an act of cruelty on an animal; and (b) the act causes serious injury to the animal; and (c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal. causes death or serious injury—a person’s act causes death or serious injury if it substantially contributes to the death or injury. serious injury, to an animal, means any injury (including the cumulative effect of more than 1 injury) that— (a) endangers, or is likely to endanger, the animal’s life; or (b) is, or is likely to be, significant and longstanding.

7B Alternative verdicts—cruelty (1) This section applies if, in a prosecution for an offence against section 7A (Aggravated cruelty), the trier of fact is not satisfied that the defendant committed the offence, but is satisfied beyond reasonable doubt that the defendant committed an offence against section 7 (Cruelty). (2) The trier of fact may find the defendant guilty of the offence against section 7, but only if the defendant has been given procedural fairness in relation to that finding of guilt.

8 Hitting or kicking animal (a) the person— (i) hits an animal; or (ii) kicks an animal; or (iii) throws, or otherwise projects, something at an animal and hits the animal; and (b) the action causes, or is likely to cause, the animal injury, pain, stress or death. (3) This section does not apply to— (a) a jockey using a whip on a horse in accordance with a rule of racing; or (b) a rider of a horse reasonably using a whip, or the rider’s foot, on the horse as part of an equestrian activity; or

(c) an animal handling practice approved by the Minister. (4) An approval is a disallowable instrument. rule of racing means a rule made under the Racing Act 1999, section 19 or section 25.

9 Unlawful confinement of animal (a) the person confines an animal; and (b) the confinement causes, or is likely to cause, the animal injury, pain or death. (2) A person in charge of an animal commits an offence if— (a) the person confines the animal; and (b) the animal is not able to move in a way that is appropriate for the animal because of the confinement. Example an animal in a crate that cannot stand or turn around

(3) Subsection (2) does not apply if the person has a reasonable excuse. 1 an animal needs to be confined, on veterinary advice, after a surgical procedure 2 confining an injured animal before taking it to a vet 3 humanely clipping a chicken’s wing to stop it flying out of its enclosure 4 tethering a goat while feeding Note The defendant has an evidential burden in relation to the matter (4) A person in charge of an animal commits an offence if— (a) the person confines the animal in or on a vehicle; and (b) the confinement causes, or is likely to cause, the animal injury, pain, stress or death. Example locking an animal in a hot car (5) An offence against subsection (2) or (4) is a strict liability offence.

9A Keeping laying fowls for commercial egg production— appropriate accommodation (a) the person keeps laying fowls for commercial egg production; and (b) the fowls are not kept in appropriate accommodation.

appropriate accommodation, for laying fowls kept by a person, means accommodation that is in accordance with, or an improvement on, the conditions stated in the Eggs (Labelling and Sale) Regulation 2019 in relation to— (a) aviary eggs; or (b) barn eggs; or (c) free-range eggs. Note Aviary eggs, barn eggs and free-range eggs are defined in the Eggs (Labelling and Sale) Act 2001 as eggs laid by hens kept in conditions stated in the Eggs (Labelling and Sale) Regulation 2019. commercial egg production does not include egg production by a person the main purpose of which is the production of eggs for the person’s own consumption. laying fowl means a female domesticated chicken (Gallus gallus) that is 16 weeks old or older.

9B Keeping pigs—appropriate accommodation (a) the person keeps a pig; and (b) the pig is not kept in appropriate accommodation. appropriate accommodation, for a pig kept by a person, means accommodation— (a) that allows the pig to— (i) turn around, stand up and lie down without difficulty; and

(ii) have a clean, comfortable and adequately drained place in which it can lie down; and (iii) maintain a comfortable temperature; and (iv) have outdoor access; and (b) if the accommodation is for more than 1 pig—that allows each pig in the accommodation to lie down at the same time; and (c) if the person keeps more than 1 pig—that allows the pig to see another pig except if— (i) the pig is isolated on the advice of a veterinary practitioner; or (ii) it is a week before, or during, farrowing for the pig.

9C Removing or trimming beak of fowl (1) A person commits an offence if the person removes or trims the beak of a fowl. (2) This section does not apply to a veterinary practitioner who removes or trims the beak for a therapeutic purpose. (3) An offence against this section is a strict liability offence. fowl means a female domesticated chicken (Gallus gallus).

10 Assisting injured animal (a) injures an animal; and (b) does not take reasonable steps to assist with the animal’s injury. 1 contacting a relevant person 2 seeking veterinary treatment (a) the person injures a mammal; and (b) the person knows, or ought to know because of the circumstances, the animal is injured; and (c) the person is not a person in charge of the animal; and (d) the person fails to tell a relevant person, within 2 hours after the injury— (i) that the animal is injured; and (ii) the location where the animal was injured. Example—circumstances if a car hits a mammal—the size of the animal, witness accounts that the driver swerved or braked to avoid the animal or stopped after hitting the animal

Access Canberra means the business unit known as Access Canberra. Note If the name of Access Canberra changes, the reference to Access Canberra is taken to be a reference to its new name (see Legislation Act, s 183). relevant person means— (a) if a domestic animal was injured—a person in charge of the animal; or (b) the authority; or (c) an inspector; or (d) Access Canberra.

11 Unlawful release of animal (a) releases an animal from another person’s custody or control; and (b) does not have the other person’s consent to release the animal; and (c) is reckless about whether the animal will be injured or killed.

(a) releases an animal from another person’s custody or control; and (b) does not have the other person’s consent to release the animal. Examples—par (a) 1 leaves the gate for a yard of cattle open 2 lets an animal out of a car 3 takes a dog off its lead (3) A person in charge of an animal commits an offence if the person— (a) keeps the animal on premises; and (b) fails to stop the animal escaping the premises. an animal is kept in a garden with an open gate (4) An offence against subsection (2) or (3) is a strict liability offence. (5) This section does not apply if the person has a reasonable excuse. Note A person acting honestly and without recklessness may release an animal locked in a motor vehicle in certain circumstances (see s 109A). (6) This section does not apply to a domestic cat if— (a) the cat is not required to be contained under territory law; and (b) the release of the cat is consistent with the reasonable management and control of the cat. mentioned in s (4) and (5) (see Criminal Code, s 58).

12 Administering poison (1) A person commits an offence if the person administers poison to a domestic or native animal. (2) This section does not apply if— (a) the person has a reasonable excuse; or (b) the administration of the poison to the animal is permitted under a territory law.

12A Laying poison (1) A person commits an offence if the person lays a poison with the intention of killing or injuring a domestic or native animal. (a) the person lays a poison; and (b) the person is reckless about causing the death of, or injury to, a domestic or native animal; and (c) the poison causes the death of, or injury to, a domestic or native animal. (a) the person lays a poison in a way in which the poison is not intended to be used; and

(b) the poison could kill or injure a domestic or native animal.

13 Electrical devices (a) the person administers an electric shock to an animal; and (b) the person administers the shock using an electrical device that is not prescribed by regulation for use on that kind of animal. (a) the person places a device on, or attaches a device to, an animal; and (b) the device is able to administer an electric shock to the animal. able—a device is able to administer an electric shock even if something needs to happen or be done to administer the shock. 1 a collar that is able to administer an electric shock by remote control or if the collar nears a boundary fence 2 a collar that has a variable setting that can be turned off and on

14 Use or possession of prohibited item (1) A person commits an offence if the person uses an item prescribed by regulation (a prohibited item) on, or in relation to, an animal. (2) A person commits an offence if the person possesses a prohibited item. (4) Subsection (2) does not apply to a person if the person possesses a prohibited item— (a) only for display; or (b) as part of a collection that is not intended for use on, or in relation to, an animal.

15 Transport of animals—generally (1) A person commits an offence if the person transports an animal in a way that causes, or is likely to cause, the death of or unnecessary injury, pain or stress to the animal. transport, an animal, includes— (a) carry the animal in a moving vehicle by itself or with other (b) confine the animal for the purpose of carrying the animal in a vehicle.

15A Transport of dogs (a) the person carries a dog in or on a moving vehicle on a road or road related area; and (b) the dog is not restrained in a way that— (i) prevents the dog from moving around, out of or off the vehicle; and (ii) protects the dog from injury when in or on the vehicle. Note 1 It is an offence to confine a dog in or on a vehicle if the confinement causes, or is likely to cause the dog injury, pain, stress or death (see s 9 (4)). Note 2 The Road Transport (Public Passenger Services) Regulation 2002 contains offences about confining animals (other than assistance animals) travelling in light rail vehicles (see that regulation, s 70AAD) and bookable vehicles (see that regulation, s 221W and s 227). (2) This section does not apply— (a) if the dog— (i) is an assistance animal, or is being trained or assessed as, an assistance animal; and (ii) is in the vehicle; or (b) if the dog is being used to work livestock; or (c) to a circumstance prescribed by regulation. mentioned in s (2) (see Criminal Code, s 58). (3) An offence against this section is a strict liability offence.

assistance animal—see the Discrimination Act 1991, section 5AA (3). public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary. restrain, a dog in relation to a vehicle, means— (a) using a harness or similar device to secure the dog to the vehicle; or (b) putting the dog in an enclosure in or on the vehicle. road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. road-related area—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. vehicle does not include a public passenger vehicle.

15B Intensive breeding of cats or dogs (1) For this section, the Minister may determine a standard for the breeding of cats or dogs (a breeding standard). (2) A determination is a disallowable instrument. (3) A breeding standard may provide for any matter that the Minister reasonably considers is appropriate to protect the welfare, safety or health of fertile cats and dogs in relation to breeding. 1 the minimum age for a dog before first mating 2 the age at which, or number of litters after which, a dog must be retired from breeding 3 the maximum number of litters a cat may have in a 12-month period, or in her lifetime

(4) A person in charge of a female cat or dog commits an offence if the person allows the cat or dog to breed in a way that contravenes a breeding standard. (5) Subsection (4) does not apply if the person allows the cat or dog to breed in accordance with the written approval of a veterinary surgeon. Note The defendant has an evidential burden in relation to the matter mentioned in s (5) (see Criminal Code, s 58). (6) An offence against subsection (4) is a strict liability offence.

16 Using unfit animal (a) the person uses an animal; and (b) the animal is unfit for the use; and (c) the person— (i) knows the animal is unfit for the use; or (ii) is negligent about whether the animal is fit for the use. (2) A person in charge of an animal commits an offence if— (a) the person authorises the use of the animal; and (b) the person— (i) knows the animal is unfit for the use; or (ii) is negligent about whether the animal is fit for the use.

(a) the person uses an animal; and (b) the animal is unfit for the use. 1 the animal has recently given birth 2 the animal is sick or injured 3 the animal is used in a children’s petting zoo and is distressed by the contact display, an animal— (a) means to put an animal in a prominent place for the purposes of making the animal visible to people; and (b) includes displaying an animal— (i) for sale; or (ii) in an exhibition. show, an animal, means to enter the animal in a show, sport, contest or competition. use, an animal, includes display, drive, ride, show or work the animal.

17 Violent animal activities (1) A person commits an offence if the person takes part in a violent animal activity. (a) is at a place when a violent animal activity is happening; and

(b) knows, or ought to know, that the activity is happening. (3) A person commits an offence if the person— (a) is at a place where a violent animal activity happens within 2 hours before the activity happens; and (b) knows, or ought to know, that the activity is happening at the place. (4) Subsections (2) and (3) do not apply if the person has a reasonable excuse. (5) This section does not apply to— (a) the rehabilitation of native animals for release into the wild in a way authorised under a territory law; or (b) the keeping and display of animals whose normal diet includes live food; or (c) the mustering and working of stock; or (d) the hunting or control of animals in a way authorised under a Commonwealth or territory law; or (e) the catching of fish in a way authorised under a Commonwealth or territory law; or (f) the use of a trained animal to train or exercise another animal of the same species in accordance with accepted animal husbandry practice in relation to the animal. mentioned in s (4) and s (5) (see Criminal Code, s 58).

live baiting means using an animal, whether alive or dead, to train another animal to chase real or simulated animals when racing or hunting. stock—see the Stock Act 2005, dictionary. takes part in—a person takes part in an activity if the person does 1 or more of the following: (a) organises or conducts the activity; (b) promotes the activity; (c) allows the activity to happen on premises, or in a place, owned or occupied by the person; (d) provides an animal or thing to be used in relation to the activity; (e) undertakes any other activity relating to the activity. use, an animal, includes capture, contain or release the animal. violent animal activity means— (a) the use of an animal to fight, injure or kill another animal; or (b) live baiting.

18 Rodeos and game parks (1) A person commits an offence if the person conducts or takes part in a rodeo. (2) A person commits an offence if the person promotes or conducts a game park.

game park means premises where— (a) animals other than fish are confined; and (b) the taking and killing of those animals as a sport or recreation is permitted on payment of a fee or other consideration. rodeo means a public exhibition, including a competition, of activities derived from work on a cattle station including riding horses or steers bareback and roping calves. take, in relation to an animal, includes hunt, shoot, poison, net, snare, spear, pursue, capture and injure the animal.

18A Greyhound racing (a) conducts, or facilitates the conduct of, a greyhound race in the ACT; or (b) allows a greyhound kept by the person to take part in a greyhound race conducted in the ACT. Note The owning and keeping of racing greyhounds is regulated under the Domestic Animals Act 2000, div 2.4A. greyhound race means 1 or more greyhounds racing in competitive pursuit, and includes— (a) a greyhound trial or training race; and (b) racing in a test of speed of 1 or more racing greyhounds.

19 Medical and surgical procedures—people other than (1) A person who is not a veterinary practitioner commits an offence if the person carries out a medical or surgical procedure on an animal. (a) a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary (b) a medical or surgical procedure carried out in accordance with accepted animal husbandry practice in relation to— (i) farming and grazing activities; or (ii) the management of a zoo; or (iii) the management of native animals; or (c) a medical or surgical procedure carried out in accordance with a licence or authorisation, subject to any written direction of an animal ethics committee; or (d) the removal of a dog’s dewclaws not later than 4 days after the day the dog was born. accepted animal husbandry practice does not include a practice prescribed by regulation for this section.

19A Medical and surgical procedures—veterinary practitioners (1) A veterinary practitioner must not do any of the following for a purpose other than a therapeutic purpose: (a) dock a dog’s tail; (b) crop a dog’s ear; (c) remove a dog’s ear; (d) perform a clitoridectomy on a dog; (e) carry out any other procedure prescribed by regulation. (2) A veterinary practitioner must not remove a dog’s dewclaws more than 4 days after the day the dog was born for a purpose other than a prophylactic purpose or a therapeutic purpose. (3) A veterinary practitioner must not carry out a medical or surgical procedure on an animal for a cosmetic purpose only.

20 Exception—conduct in accordance with approved code of practice or mandatory code of practice This part (other than the following provisions) does not apply if the conduct making up the offence was in accordance with an approved code of practice or a mandatory code of practice: (a) section 9A (Keeping laying fowls for commercial egg production—appropriate accommodation); (b) section 9B (Keeping pigs—appropriate accommodation);

(c) section 9C (Removing or trimming beak of fowl); (d) section 14 (Use or possession of prohibited item); (e) section 17 (1) or (2) (Violent animal activities); (f) section 18 (1) or (2) (Rodeos and game parks); (g) section 19A (Medical and surgical procedures—veterinary practitioners).

21 Contents (1) A code of practice may deal with the following matters: (a) the care and use of animals for scientific purposes; (b) the use of animals from pounds; (c) the management and control of companion animals; (d) the management of companion animals in pounds and shelters; (e) the development of new breeds of companion animals; (f) the breeding and selling of cats or dogs with heritable defects; (g) the use of electric goads; (h) horse agistment establishments; (i) animal welfare in rural industry; (j) animal welfare in intensive farming; (k) transport of livestock; (l) animal welfare in the management of saleyards; (m) livestock and poultry slaughtering establishments; (n) fishing; (o) culling of native animals; (p) control of feral animals; (q) aerial shooting of animals; (r) trapping and snaring of animals; (s) commercial pest control; (t) commercial keeping and display of animals;

Codes of practice Part 3 (u) the operation of pet shops and other businesses that buy or sell animals as pets; (v) the operation of businesses that board animals; (w) the operation of any other business that deals with pets; (x) keeping of zoo animals; (y) animal welfare in the racing industry; (z) any other matter related to animal welfare. pest does not include a domestic animal or native animal.

22 Approved code of practice (1) The Minister may approve a code of practice relating to animal (2) A code of practice is a disallowable instrument.

23 Mandatory code of practice (1) The Minister may approve a code of practice, or part of a code of practice, relating to animal welfare as mandatory. (2) An approval must state to whom the mandatory code applies. (3) Before approving a code under subsection (1) the Minister must be satisfied that adequate consultation has occurred. (4) A mandatory code of practice is a disallowable instrument.

24 Publication (1) The authority must, on or before the date of effect of an approval under section 22 or section 23, give public notice of the approval— (a) stating the date on which the approval takes effect; and

(b) giving details of where a copy of the approved code of practice may be purchased; and (c) giving details of where a copy of the approved code of practice may be inspected during office hours; and (d) containing a statement that the approval is subject to disallowance by the Legislative Assembly under the Legislation Act. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (2) The authority must ensure that— (a) a copy of the code of practice to which an approval under section 22 or section 23 relates is made available for public inspection at the office of the authority during office hours; and (b) copies of that code of practice are made available for purchase at each place stated for that purpose in the relevant notice under subsection (1). code of practice includes any document (or part of a document) the provisions of which are applied by the code.

24A Reckless failure to comply with mandatory code of practice A person commits an offence if— (a) a mandatory code of practice applies to the person; and (b) the person fails to comply with a requirement of the mandatory code; and (c) the person is reckless about whether the mandatory code is complied with. Maximum penalty: 100 penalty units.

Codes of practice Part 3

24B Failure to comply with mandatory code of practice (a) a mandatory code of practice applies to the person; and (b) the person fails to comply with a requirement of the mandatory code. (2) Subsection (1) does not apply to a person if— (a) a written direction has been given to the person under section 24C in relation to the requirement; and (b) the person has complied with the direction.

24C Direction to comply with mandatory code (1) An inspector or authorised officer may give a person a written direction to rectify a breach of a mandatory code if the inspector or authorised officer believes on reasonable grounds that— (a) the person is in breach of a requirement of the code; and (b) the person has not previously been convicted, or found guilty, of an offence under section 24A or section 24B for failing to comply with a requirement of the code. (2) A direction must— (a) state the requirement of the code that has been breached and the conduct constituting the breach; and (b) if appropriate, state what must be done to rectify the breach and, if reasonable, who must do it; and (c) state a reasonable time within which the person must give the inspector or authorised officer evidence that the direction has been complied with; and

(d) include a statement that the person may be prosecuted under section 24B or section 24D if the person fails to comply with the direction. (3) The inspector or authorised officer may withdraw a written direction if, after giving the direction to a person, the inspector or authorised officer discovers that the person has previously been convicted, or found guilty, of an offence under section 24A or section 24B.

24D Failure to comply with direction to comply with mandatory code (a) an inspector or authorised officer gives the person a direction under section 24C; and (b) the person fails to comply with the direction.

Preliminary Division 3A.1

Division 3A.1 Preliminary

24E Definitions—pt 3A board, an animal, includes board the animal during the day or overnight. breeding licence—see the Domestic Animals Act 2000, section 72A. pet business— (a) means— (i) a pet shop; or (ii) a business that boards an animal; or (iii) a business prescribed by regulation; but (b) does not include— (i) a veterinary practice that boards an animal; or (ii) an entity that sells or boards an animal for an animal welfare or benevolent purpose; or (iii) an entity prescribed by regulation. Examples—par (b) (ii) 1 a foster carer for guide dogs 2 the RSPCA pet shop— (a) means a business that buys or sells animals to be kept as pets; but (b) does not include a business that buys or sells animals in accordance with a breeding licence.

24F Pet business licence application (1) A person may apply to the authority for a licence to operate a pet business. (2) The application must— (b) state— (i) the applicant’s name; and (ii) the applicant’s contact details; and (iii) the applicant’s trading name; and (c) describe the premises from which the business will operate; and (d) include any information prescribed by regulation.

24G Issue of pet business licence (1) If a person applies for a pet business licence, the authority must, within 30 days— (a) issue the licence; or (b) refuse to issue the licence. Note A pet business licence may be issued subject to a condition (see s 24I). (2) The authority may issue the pet business licence to the person only if the authority is satisfied— (a) about the identity of the applicant or, if the applicant is a corporation, of each relevant person; and

(b) that the person— (i) intends to carry out the business on suitable premises; and (ii) meets any requirements for a pet business prescribed by regulation. related corporation means a related body corporate under the Corporations Act. relevant person, for a corporation, means any of the following: (a) an executive officer (however described) of the corporation; (b) a person who may exercise a relevant power in relation to the corporation; (c) a related corporation; (d) an executive officer (however described) of a related corporation. relevant power, for a corporation, means a power— (a) to take part in a directorial, managerial or executive decision for the corporation; or (b) to elect or appoint a person as an executive officer (however described) in the corporation; or (c) to exercise a significant influence in relation to the conduct of the corporation.

24H Pet business licence term and form (1) A pet business licence may be issued for up to 5 years. (2) A pet business licence must state, in writing— (a) a unique identifying number for the licence; and (b) the licensed pet business’s name; and

(c) the licensed pet business’s trading name; and (d) the nature of the pet business; and (e) the date the licence expires; and (f) any condition that applies to the licence.

24I Conditions for pet business licence (1) A pet business licence is subject to— (a) any condition imposed by the authority when issuing the licence; and (b) any condition imposed by written notice given to the licensed pet business at any other time; and (c) any condition prescribed by regulation. (2) It is also a condition of a pet business licence that the pet business comply with any relevant mandatory code of practice. (3) The authority may only impose a condition on a licence if satisfied

24J Transfer application (1) A licensed pet business may apply to the authority to transfer a pet business licence to another person (the transferee). (2) An application must— (b) include evidence to show that the licensed pet business and transferee agree to the transfer; and (c) state— (i) the transferee’s name; and

(ii) the transferee’s trading name; and (iii) the transferee’s proposed trading address or addresses; and (d) describe the premises from which the business will operate; and (e) include any information prescribed by regulation.

24K Transfer decision (1) If a licensed pet business applies to transfer a pet business licence, the authority must, within 30 days— (a) approve the transfer; or (b) refuse to approve the transfer. (2) The authority may approve the transfer to the transferee only if the authority is satisfied— (a) about the identity of the applicant or, if the applicant is a corporation, of each relevant person; and (b) that the person— (i) intends to carry out the business on suitable premises; and (ii) meets any requirement for a pet business prescribed by regulation. (3) A transfer is subject to any condition imposed by the authority when approving the transfer. (4) The authority may only impose a condition on a licence if satisfied

relevant person—see section 24G (3).

24L Renewal application (1) A licensed pet business may apply, in writing, to the authority to renew the pet business licence up to 6 months before the licence expires. (2) The application must— (b) state— (i) the applicant’s name; and (ii) the applicant’s contact details; and (iii) the applicant’s trading name; and (c) describe the premises from which the business will operate; and (d) include any information prescribed by regulation. (3) If a licensed pet business applies to renew a licence, the licence remains in force until the application is decided.

24M Renewal decision (1) If a licensed pet business applies to renew a licence, the authority must, within 30 days— (a) renew the licence; or (b) refuse to renew the licence.

(2) However, if the authority has asked the licensed pet business to do a thing in relation to being a licensed pet business, and the licensed pet business has not yet done the thing, the authority must not renew the licence until the thing is done. Examples—thing to be done 1 meet condition of licence 2 pay a fee 3 provide information (3) A licence may be renewed for up to 5 years. (4) The renewal of a licence— (a) starts immediately after the licence would have expired if it had not been renewed; and (b) if there is a condition imposed on the licence—does not affect the condition. (5) A renewal is subject to any condition imposed by the authority when approving the renewal. (6) The authority may only impose a condition on a licence if satisfied

24N Amendment of pet business licence The authority may amend a licensed pet business’s pet business licence if— (a) the authority believes on reasonable grounds that the amendment is in the interest of animal welfare; or (b) to reflect a change to any of the following: (i) the licensed pet business’s name; (ii) the licensed pet business’s trading name; (iii) the nature of the pet business;

(iv) a trading address for the licensed pet business; (v) a condition that applies to the licence.

24O Authority may request more information (1) This section applies to— (a) an application for a licence under section 24F; and (b) an application to transfer a licence under section 24J; and (c) an application to renew a licence under section 24L. (2) The authority may ask the applicant to give the authority, within a stated reasonable period, information about the application that the (3) The period within which the authority must make a decision under the provisions mentioned in subsection (1) is extended by the period mentioned in subsection (2). (4) If the applicant does not comply with a requirement in the request, the authority may refuse to consider the application further.

24P Pet shops—failure to keep records (a) operates a pet shop; and (b) buys an animal in the course of operating the pet shop; and (c) does not keep a record of— (i) the full name and contact details of the person who sold the animal; and

Pet business offences Division 3A.3 (ii) for an animal bought from the holder of a breeding licence—the breeding licence number.

24Q Pet shops—failure to share records (a) the person operates a pet shop; and (b) the authority asks to inspect a record required under section 24P (1) (c); and (c) within 7 days after the day the request is made, the person does not allow the authority to inspect the record.

24R Operating pet business without pet business licence (a) operates a pet business; and (b) the person is not licensed to operate the pet business. not licensed—a person is also not licensed if the person’s pet business licence is suspended, cancelled or expired.

24S Breach of pet business licence (a) is a licensed pet business; and (b) fails to comply with a condition of the person’s pet business licence.

Part 4 Using or breeding animals for research or teaching

25 Using or breeding animals without licence (a) uses or breeds an animal for research or teaching; and (b) the person does not have a licence to do so. (a) an authorisation holder, or a person assisting an authorisation holder; or (b) a person who uses or breeds an animal in the course of employment or engagement by a licensee; or (c) a person who uses an animal prescribed by regulation for teaching purposes in a preschool or primary school; or (d) an interstate researcher to whom section 49B (1) applies; or (e) a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies.

26 Application for licence (1) A person may apply to the authority for a licence to use or breed animals for research or teaching, or for both research and teaching, at stated premises. (2) The authority may, in writing, require the applicant to give the (3) If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.

27 Decision about licence application (1) On an application by a person for a licence, the authority must— (a) grant the licence for the premises stated in the application (the licensed premises); or (b) refuse to grant the licence. (2) In deciding whether to grant the licence, the authority must consider— (a) the applicant’s experience and competency in caring for and handling animals; and (b) the adequacy of the premises stated in the application, equipment and other facilities for caring for and handling (c) the adequacy of arrangements for the provision of veterinary treatment to animals at the premises stated in the application; and further information under section 26 (2); and

(e) whether the applicant has obtained and kept in force any (f) whether the applicant has, within the 3 years immediately before (g) any criteria prescribed by regulation. (3) Subsection (2) does not limit the matters that the authority may renewal, of a licence, means the grant of the licence that is to begin on the day after the day the licence being renewed ends.

28 Licence conditions (1) A licence is subject to any condition— (b) put on the licence by the authority that the authority believes on Examples of conditions that may be put on a licence 1 a condition about the welfare of the animals to be used by the licensee 2 a condition about the provision of facilities and equipment for the welfare of the animals to be used by the licensee 3 that an approved code of practice must be complied with Note The authority may amend a licence (including by putting a condition on the licence, or amending or removing a condition of the licence) at any time (see s 34).

(2) A licensee commits an offence if the licensee fails to comply with a condition of the licence.

29 Form of licence A licence must— (b) state the full name and address of the person to whom the licence (c) state the licensed premises; and (d) state the period for which the licence is granted; and (e) state any condition put on the licence by the authority.

30 Term of licence A licence is granted for the period of not longer than 3 years stated in the licence, and remains in force subject to this Act.

31 Licensees—request for information and documents The authority may, in writing, require a licensee to give the authority information in writing or documents that the authority reasonably needs to exercise its functions under this Act in relation to the licence. a copy of a licensee’s evacuation plan for animals in case of a fire

32 Licence renewal (a) an application is made under section 26 (Application for licence) by a licensee; and (b) the application is for renewal of the licensee’s licence; and licence term ends. (2) The licence remains in force, subject to this Act, until the application is decided under section 27 (Decision about licence application). (3) If the authority grants the licence applied for, the renewal of the licence begins on the day after the day the licence being renewed (4) A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends. renewal, of a licence, means the grant of the licence that is to begin on the day after the day the licence being renewed ends.

33 Licensee to notify change of name or address (1) If a licensee changes the licensee’s name or address, the licensee must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change.

34 Amendment of licence (1) The authority may amend a licence at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare.

(2) The authority may amend a licence on its own initiative or on application by the licensee. (3) The authority may amend a licence on its own initiative only if the authority has— (a) given the licensee written notice of the proposed amendment; and (b) considered any comments made by the licensee in accordance with the notice. (b) invite the licensee to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the licensee. (6) The amendment of a licence takes effect on— licensee; or (7) A licence amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the licensee. amend, a licence, includes putting a condition on the licence, or amending or removing a condition of the licence.

35 Surrender of licences (1) A licensee may surrender the licence by giving the authority written notice of the surrender and the licence. (a) the day the notice is given to the authority under subsection (1); or

35A Meaning of authorised staff member—div 4.2 authorised staff member, of a corporation—see section 37 (2).

36 Research and teaching using and breeding animals (1) A person employed or engaged by a licensee commits an offence if the person— (a) conducts a program of research using or breeding animals and the person does not hold a research authorisation for the research; or (b) conducts a program of teaching using or breeding animals and the person does not hold a teaching authorisation for the teaching.

(a) a person providing research or teaching assistance for the program; or (b) an interstate researcher to whom section 49B (1) applies; or (c) a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies.

37 Application for authorisation (1) A person may apply to the animal ethics committee for an authorisation to conduct a program of research or teaching, in relation to the use or breeding of animals at stated licensed premises. (2) If the applicant is a corporation, the application must include the name and contact details of each individual employed or engaged by the corporation to conduct a program of research or teaching using or breeding animals on behalf of the corporation (an authorised staff member). (3) The animal ethics committee may, in writing, require the applicant to give the committee additional information in writing or documents that the committee reasonably needs to decide the application. (4) If the applicant does not comply with a requirement under subsection (3), the animal ethics committee may refuse to consider the application further.

38 Decision about authorisation application (1) On an application by a person for an authorisation, the animal ethics committee must— (a) grant the authorisation to the person to conduct the program of research or teaching stated in the application, for the licensed premises stated in the application; or

(b) refuse to grant the authorisation. (2) In deciding whether to grant the authorisation, the animal ethics committee must consider— (a) the experience and competency in caring for and handling animals of— (i) for an applicant that is an individual—the applicant; or (ii) for an applicant that is a corporation—each authorised staff member; and (b) the applicant’s response (or lack of response) to any request for further information under section 37 (3); and (c) whether the applicant has obtained and kept in force any (d) within the 3 years immediately before the date of the application, whether— (i) for an applicant that is an individual—the applicant has been convicted or found guilty of a defined offence; or (ii) for an applicant that is a corporation—an authorised staff member has been convicted or found guilty of a defined offence; and (e) any criteria prescribed by regulation. (3) Subsection (2) does not limit the matters that the animal ethics committee may consider. renewal, of an authorisation, means the grant of the authorisation that is to begin on the day after the day the authorisation being renewed

39 Authorisation conditions (1) An authorisation is subject to any condition— (b) put on the authorisation by the animal ethics committee that the committee believes on reasonable grounds is reasonable or necessary in the interests of animal welfare. Examples of conditions that may be put on an authorisation 1 a condition about the use of the animals in the particular program of research or teaching that is to be undertaken 2 a condition about the welfare of the animals in the particular program of research or teaching that is to be undertaken 3 a condition about particular facilities and equipment relevant to the use of the animals in the course of conducting the particular program of research or teaching that is to be undertaken 4 that an approved code of practice must be complied with Note The animal ethics committee may amend an authorisation (including by putting a condition on the authorisation, or amending or removing a condition of the authorisation) at any time (see s 46). (a) is an authorisation holder; and (b) fails to comply with a condition of the authorisation.

40 Form of authorisation An authorisation must— (b) state why the authorisation is required; and

(c) state the full name and address of the person to whom the authorisation is granted; and (d) state the licensed premises in relation to which the authorisation (e) state the period for which the authorisation is granted; and (f) state any condition put on the authorisation by the animal ethics committee.

41 Term of authorisation An authorisation is granted for the period of not longer than 3 years stated in the authorisation, and remains in force subject to this Act.

42 Identity card for authorisation holders (1) If the animal ethics committee grants an authorisation, the committee must give— (a) if the authorisation holder is an individual—the individual an identity card stating the individual’s name; or (b) if the authorisation holder is a corporation—each authorised staff member an identity card stating the staff member’s name and the corporation’s name. (2) The identity card must show— (a) if the authorisation holder is an individual—a recent photograph of the individual; and (b) if the authorisation holder is a corporation—a recent photograph of the authorised staff member; and (c) anything else prescribed by regulation. (a) the person is given an identity card under subsection (1); and

(b) an authorised officer asks to see the person’s identity card; and (c) the person does not show the officer the card. (4) A person commits an offence if— (a) the person is given an identity card under subsection (1); and (b) either— (i) the relevant authorisation ends; or (ii) if the identity card relates to more than 1 authorisation— all authorisations end; and (c) the person does not return the person’s identity card to the animal ethics committee within 7 days after the day the authorisation ends. (5) An offence against this section is a strict liability offence.

43 Authorisation holders—request for information and documents The animal ethics committee may, in writing, require an authorisation holder to give the committee information in writing or documents that the committee reasonably needs to exercise its functions under this Act in relation to the authorisation. information about the mortality rates of animals in the program of research in relation to which the authorisation is granted

44 Authorisation renewal (a) an application is made under section 37 (Application for authorisation) by an authorisation holder; and (b) the application is for renewal of the holder’s authorisation; and authorisation term ends. (2) The authorisation remains in force, subject to this Act, until the application is decided under section 38 (Decision about authorisation application). (3) If the animal ethics committee grants the authorisation applied for, the renewal of the authorisation begins on the day after the day the authorisation being renewed ends. (4) A suspended authorisation may be renewed, but the renewed authorisation is suspended until the suspension ends. renewal, of an authorisation, means the grant of the authorisation that is to begin on the day after the day the authorisation being renewed

45 Authorisation holder to notify change of name or address (1) If an authorisation holder changes the holder’s name or address, the authorisation holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the animal ethics committee, in writing, about the change.

46 Amendment of authorisation (1) The animal ethics committee may amend an authorisation at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of (2) The animal ethics committee may amend an authorisation on its own initiative or on application by the authorisation holder. (3) The animal ethics committee may amend an authorisation on its own initiative only if the committee has— (a) given the authorisation holder written notice of the proposed (b) considered any comments made by the authorisation holder in (a) include the animal ethics committee’s grounds for making the proposed amendment; and (b) invite the authorisation holder to give the committee any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the authorisation holder. Note Section 107A provides that the animal ethics committee must give written notice of the decision to each person affected by the decision. (6) The amendment of an authorisation takes effect on— authorisation holder; or

(7) An authorisation amended under this section must be returned to the animal ethics committee as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the authorisation holder. amend, an authorisation, includes putting a condition on the authorisation, or amending or removing a condition of the

47 Cessation of effect of authorisation (1) An authorisation ceases to have effect if, and while, the relevant licence is suspended, cancelled or surrendered under this Act or otherwise ceases to have effect. relevant licence, in relation to an authorisation, means the licence in relation to the licensed premises mentioned in the authorisation.

48 Surrender of authorisations (1) An authorisation holder may surrender the authorisation by giving the animal ethics committee written notice of the surrender and the (a) the day the notice is given to the animal ethics committee under subsection (1); or

49A Notification An interstate researcher must, at least 7 days before using or breeding an animal for research or teaching in the ACT— (a) notify the authority of the researcher’s intention to use or breed an animal for research or teaching; and (b) give to the authority a copy of— (i) the researcher’s interstate research authorisation; and (ii) any protocol and conditions with which the researcher is required to comply under the authorisation and any submission on which the grant of the authorisation is based.

49B Interstate researchers’ authorisation in the ACT (1) An interstate researcher who has complied with section 49A may use or breed animals in the ACT in the same way, to the same extent and for the same purposes as the researcher is permitted to use or breed animals in the State where the researcher’s interstate research authorisation was granted. (2) Subsection (1)— (a) does not apply to a researcher whose interstate research authorisation is suspended; and (b) ceases to apply to a researcher whose interstate research authorisation expires or is cancelled or revoked. (3) The authority may decide to end the application of subsection (1) to an interstate researcher if satisfied on reasonable grounds— (a) the researcher has contravened this Act; or

Interstate researchers Division 4.3 (b) the researcher has contravened, in the ACT, an approved code of practice, a mandatory code of practice or a protocol or condition which applies to the researcher’s interstate research authorisation; or (c) the researcher has failed to comply, in the ACT, with the proposal for carrying out the researcher’s activities set out in a submission on which the grant of the authorisation is based; or (d) it is not appropriate for the researcher to use or breed animals in the ACT in the same way, to the same extent and for the same purposes as the researcher is permitted to use or breed animals in the State where the researcher’s interstate research authorisation is granted. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (4) When considering whether to make a decision under subsection (3) about an interstate researcher, the authority is not required to give the researcher an opportunity to make representations if satisfied that the public interest or the welfare of any animal requires that the decision be made immediately. (5) The authority may decide that subsection (1) should again apply to a researcher to whom the subsection has ceased to apply because of a decision under subsection (3). (6) Subsection (1)— (a) ceases to apply to a researcher about whom the authority has made a decision under subsection (3); and (b) again applies to a researcher about whom the authority has made a decision under subsection (5).

50 Animal ethics committees (1) A regulation may make provision in relation to animal ethics committees, including provision relating to their establishment, constitution and functions. (2) A regulation made for subsection (1) may apply a law or instrument, or a provision of a law or instrument, as in force from time to time. apply includes adopt and incorporate.

Preliminary Division 5.1

Division 5.1 Preliminary

51 Meaning of prohibited animal—pt 5 prohibited animal means— (a) a bear, elephant, giraffe, primate (other than a human) or feline (other than a domestic cat); or (b) an animal prescribed by regulation.

52 Circuses (a) the person conducts a circus; and (b) the circus has performing animals (but is not a travelling zoo); and (c) the person does not have a permit to conduct the circus. (2) A person commits an offence if the person conducts a circus using a prohibited animal.

(3) A person commits an offence if the person brings a prohibited animal into the ACT as part of a circus troupe. (4) For subsection (3), it does not matter whether the animal is brought into the ACT for use in the circus.

53 Travelling zoos (a) the person conducts a travelling zoo; and (b) the person does not have a permit to conduct the travelling zoo. (2) A person commits an offence if the person conducts a travelling zoo using a prohibited animal. (3) A person commits an offence if the person brings a prohibited animal into the ACT as part of a travelling zoo. (4) For subsection (3), it does not matter whether the animal is brought into the ACT for use in the travelling zoo.

54 Application for circus or travelling zoo permit (1) A person may apply to the authority for a permit to conduct— (a) a circus with an animal in the circus troupe; or (b) a travelling zoo. (2) For an application for a circus permit, the application must— (a) be accompanied by a list of animals that are to form part of the circus troupe, whether or not the animals are to be used in the circus; and (b) be lodged not later than 4 weeks before the day the first performance of the circus is proposed to be held. (3) For an application for a travelling zoo permit, the application must— (a) be accompanied by a list of animals that are to travel with the zoo, whether or not the animals are to be used in the zoo; and (b) be lodged not later than 4 weeks before the day the zoo is proposed to enter the ACT. (4) The authority may, in writing, require the applicant to give the (5) If the applicant does not comply with a requirement under subsection (4), the authority may refuse to consider the application further.

55 Decision about circus or travelling zoo permit application (1) On an application by a person for a circus or travelling zoo permit, the authority must— (a) grant the permit; or

(b) refuse to grant the permit. (2) For an application for a circus permit, the authority must not grant a circus permit in relation to a circus if a prohibited animal is to form part of the circus troupe, whether or not the animal is to be used in the circus. (3) For an application for a travelling zoo permit, the authority must not grant a travelling zoo permit in relation to a zoo if a prohibited animal is to travel with the zoo, whether or not the animal is to be used in the zoo. (4) In deciding whether to grant the circus or travelling zoo permit, the authority must consider— (a) the experience and competency of the applicant, and the applicant’s employees and agents, in caring for and handling (b) the adequacy of the conditions under which the animals are to be housed, trained, transported or used; and (c) the adequacy of the facilities to be provided for the animals; and further information under section 54 (4); and (e) whether the applicant has obtained and kept in force any (f) whether the applicant has, within the 3 years immediately before (g) any criteria prescribed by regulation. (5) Subsection (4) does not limit the matters that the authority may

renewal, of a circus or travelling zoo permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends.

56 Circus or travelling zoo permit conditions (1) A circus or travelling zoo permit is subject to any condition— (b) put on the permit by the authority that the authority believes on Examples of conditions that may be put on a circus or travelling zoo permit 1 a condition about the welfare of the animals to be used by the circus or travelling zoo 2 a condition about the provision of facilities and equipment for the welfare of the animals to be used by the circus or travelling zoo 3 that an approved code of practice must be complied with Note The authority may amend a circus or travelling zoo permit (including by putting a condition on the permit, or amending or removing a condition of the permit) at any time (see s 59A). (a) is a circus permit-holder; and (b) fails to comply with a condition of the permit. (3) A person commits an offence if the person— (a) is a travelling zoo permit-holder; and

(b) fails to comply with a condition of the permit. (4) An offence against subsection (2) or (3) is a strict liability offence.

57 Form of circus or travelling zoo permit A circus or travelling zoo permit must— (b) state the full name and address of the person to whom the permit (c) state the period for which the permit is granted; and (d) state any condition put on the permit by the authority.

58 Term of circus or travelling zoo permit A circus or travelling zoo permit is granted for the period stated in the permit, and remains in force subject to this Act.

59 Circus or travelling zoo permit-holder to notify change of name or address (1) If a circus or travelling zoo permit-holder changes the permit-holder’s name or address, the permit-holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change.

59A Amendment of circus or travelling zoo permit (1) The authority may amend a circus or travelling zoo permit at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of

(2) The authority may amend a circus or travelling zoo permit on its own initiative or on application by the circus or travelling zoo (3) The authority may amend a circus or travelling zoo permit on its own initiative only if the authority has— (a) given the circus or travelling zoo permit-holder written notice of the proposed amendment; and (b) considered any comments made by the permit-holder in (b) invite the circus or travelling zoo permit-holder to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the permit-holder. (6) The amendment of a circus or travelling zoo permit takes effect on— (a) the day the notice of the decision to amend is given to the circus or travelling zoo permit-holder; or (7) A circus or travelling zoo permit amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the circus or travelling zoo permit-holder.

amend, a circus or travelling zoo permit, includes putting a condition on the permit, or amending or removing a condition of the permit.

Trapping offences Division 6.1

60 Steel-jawed traps and prohibited traps (a) the person sets a steel-jawed trap or a prohibited trap; and (b) an animal is killed or injured by the trap. (2) A person commits an offence if the person sets a steel-jawed trap or a prohibited trap. (3) A person commits an offence if the person possesses a steel-jawed trap or prohibited trap. Maximum penalty: 15 penalty units. (5) Subsection (3) does not apply in relation to the possession of a trap kept only— (a) for the purpose of display; or (b) as a curio or part of a collection. prohibited trap means a trap prescribed by regulation for this section. steel-jawed trap means an animal trap fitted with metal jaws, a pressure plate and a spring-operated mechanism, designed so the metal jaws close against each other when the trap is activated by the application of weight to the pressure plate.

62 Trapping—general (1) A person commits an offence if the person sets a trap. (3) This section does not apply to— (a) a trapping permit-holder; or (b) a person holding a nature conservation licence that authorises the person to set a trap. trap— (a) means a device used or designed to catch an animal; but (b) does not include a trap set to catch— (i) an animal, other than a domestic animal, on premises— (A) by the occupier of the premises; or (B) by an employee, agent or relative of the occupier of the premises; or (C) by another person, in accordance with the written approval of a person mentioned in sub-subparagraph (A) or (B); or (ii) a fish or crustacean for non-commercial human consumption.

63 Application for trapping permit (1) A person may apply to the authority for— (a) a commercial trapping permit, for the purposes of a commercial trapping operation; or (b) a private trapping permit, for domestic or private purposes. (2) The authority may, in writing, require the applicant to give the (3) If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.

64 Decision about trapping permit application (1) On an application by a person for a trapping permit, the authority must— (a) grant the permit of the type applied for; or (b) refuse to grant the permit. (2) In deciding whether to grant the trapping permit, the authority must consider— (a) the species of animals to be trapped; and (b) the experience and competency of the applicant, and the applicant’s employees and agents, in trapping the animals; and (c) the adequacy of the applicant’s traps and other trapping equipment; and further information under section 63 (2); and

(e) whether the applicant has, within the 3 years immediately before (f) any criteria prescribed by regulation. (3) Subsection (2) does not limit the matters that the authority may renewal, of a trapping permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends.

65 Trapping permit conditions (1) A trapping permit is subject to any condition— (b) put on the permit by the authority that the authority believes on Examples of conditions that may be put on a trapping permit 1 a condition about the species of animals to be trapped 2 a condition about the areas in which traps are to be set 3 a condition about the traps and other trapping equipment to be used 4 a condition about the welfare of any animals that may be affected by the proposed trapping activities 5 that an approved code of practice must be complied with Note The authority may amend a trapping permit (including by putting a condition on the permit, or amending or removing a condition of the permit) at any time (see s 71).

(a) is a trapping permit-holder; and (b) fails to comply with a condition of the trapping permit.

66 Form of trapping permit A trapping permit must— (b) state the full name and address of the person to whom the permit (c) state the period for which the permit is granted; and (d) state any condition put on the permit by the authority.

67 Term of trapping permit A trapping permit is granted for the period of not longer than 3 years stated in the permit, and remains in force subject to this Act.

68 Trapping permit-holders—request for information and documents The authority may, in writing, require a trapping permit-holder to give the authority information in writing or documents that the authority reasonably needs to exercise its functions under this Act in relation to the trapping permit. information about gas cylinders used in trapping by a trapping permit-holder

69 Trapping permit renewal (a) an application is made under section 63 (Application for trapping permit) by a trapping permit-holder; and (b) the application is for renewal of the trapping permit-holder’s trapping permit; and trapping permit term ends. (2) The trapping permit remains in force, subject to this Act, until the application is decided under section 64 (Decision about trapping permit application). (3) If the authority grants the trapping permit applied for, the renewal of the permit begins on the day after the day the permit being renewed (4) A suspended trapping permit may be renewed, but the renewed permit is suspended until the suspension ends. renewal, of a trapping permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends.

70 Trapping permit-holder to notify change of name or address (1) If a trapping permit-holder changes the permit-holder’s name or address, the permit-holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change.

71 Amendment of trapping permit (1) The authority may amend a trapping permit at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal (2) The authority may amend a trapping permit on its own initiative or on application by the trapping permit-holder. (3) The authority may amend a trapping permit on its own initiative only if the authority has— (a) given the trapping permit-holder written notice of the proposed (b) considered any comments made by the permit-holder in (b) invite the trapping permit-holder to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the (6) The amendment of a trapping permit takes effect on— trapping permit-holder; or

(7) A trapping permit amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the trapping amend, a trapping permit, includes putting a condition on the permit, or amending or removing a condition of the permit.

72 Surrender of trapping permits (1) A trapping permit-holder may surrender the trapping permit by giving the authority written notice of the surrender and the permit. (a) the day the notice is given to the authority under subsection (1); or

73A Definitions—pt 6A approval means— (a) an authorisation; or (b) a circus permit; or (c) a licence; or (d) a pet business licence; or (e) a trapping permit; or (f) a travelling zoo permit. approved person means the holder of an approval. regulatory body means— (a) for an authorisation holder—the animal ethics committee; or (b) for a circus permit-holder, licensee, licensed pet business, trapping permit-holder or travelling zoo permit-holder—the authority.

73B Grounds for regulatory action (1) Each of the following is a ground for regulatory action against an approved person: (a) the person gave information to the regulatory body in relation to the application for the grant or renewal of the person’s approval that was false or misleading in a material particular;

(b) the regulatory body becomes aware of a circumstance that, if the regulatory body had been aware of it when the application for approval was decided, would have resulted in the application being refused; (c) the person contravened a condition of the person’s approval; (d) the person failed to return an approval as required under the relevant provision; (e) the person has been convicted or found guilty of a defined offence— (i) within the 3 years immediately before the date of the application for the person’s approval; or (ii) while an approved person; or (iii) during any suspension of the person’s approval; (f) if the regulatory body believes on reasonable grounds that it would refuse an application by the person for an approval of the kind held by the person on the grounds mentioned in the relevant section. approved person includes, if the person is a corporation, each executive officer of the corporation. relevant provision means— (a) for a licensed pet business—section 24N (Amendment of pet (b) for a licensee—section 34 (7) (Amendment of licence); or (c) for an authorisation holder—section 46 (7) (Amendment of authorisation); or (d) for a circus or travelling zoo permit-holder—section 59A (7) (Amendment of circus or travelling zoo permit); or

(e) for a trapping permit-holder—section 71 (7) (Amendment of trapping permit). relevant section means— (a) for a licensed pet business—section 24G (2) (Issue of pet (b) for a licensee—section 27 (2) (a), (b), (c), (e) or (g) or (3) (Decision about licence application); or (c) for an authorisation holder—section 38 (2) (a), (c) or (e) or (3) (Decision about authorisation application); or (d) for a circus or travelling zoo permit-holder—section 55 (4) (a), (b), (c), (e) or (g) or (5) (Decision about circus or travelling zoo permit application); or (e) for a trapping permit-holder—section 64 (2) (a), (b), (c) or (f) or (3) (Decision about trapping permit application).

73C Regulatory action Each of the following is regulatory action when taken against an approved person: (a) putting a condition on, or amending a condition put on, the person’s approval; (b) suspending the person’s approval for a stated period or until a stated thing happens; (c) cancelling the person’s approval; (d) cancelling the person’s approval and disqualifying the person from applying for an approval of that kind for a stated period or until a stated thing happens.

73D Taking regulatory action (1) If the regulatory body proposes to take regulatory action in relation to an approved person, the regulatory body must give the person a written notice (a regulatory notice) that— (a) states the details of the proposed regulatory action; and (b) states the grounds for the proposed regulatory action; and (c) tells the person that the person may, not later than 14 days after the day the person is given the notice, give a written response to the regulatory body about the proposed regulatory action. (2) In deciding whether to take the proposed regulatory action, the regulatory body must consider any response given to the body in accordance with the regulatory notice. (3) If the regulatory body believes on reasonable grounds that a ground for taking the proposed regulatory action has been established in relation to the approved person, the body may— (a) take the regulatory action stated in the regulatory notice; or (b) if the proposed regulatory action is the cancellation and disqualification mentioned in section 73C (d)— (i) cancel the person’s approval; or (ii) suspend the person’s approval as mentioned in section 73C (b); or (iii) put a condition on, or amend a condition put on, the person’s approval; or (c) if the proposed regulatory action is the cancellation of the person’s approval— (i) suspend the person’s approval as mentioned in section 73C (b); or

(ii) put a condition on, or amend a condition put on, the person’s approval; or (d) if the proposed regulatory action is the suspension of the person’s approval as mentioned in section 73C (b)— (i) suspend the approval for a shorter period; or (ii) put a condition on, or amend a condition put on, the person’s approval. Note Section 107A provides that the regulatory body must give written notice of the decision to each person affected by the decision. (4) Regulatory action under this section takes effect on— (a) the day the notice of the decision is given to the approved person; or ground for regulatory action against an approved person—see section 73B (Grounds for regulatory action). regulatory action—see section 73C (Regulatory action).

73E Immediate suspension (a) the regulatory body gives, or has given, a regulatory notice under section 73D to an approved person; and (b) having regard to the grounds stated in the notice, the regulatory body believes on reasonable grounds that the person’s approval should be suspended immediately in the interests of animal (2) The regulatory body must give the approved person a written notice (the immediate suspension notice) suspending the person’s approval.

(3) The suspension of an approved person’s approval under this section takes effect when the immediate suspension notice is given to the (4) The suspension of an approved person’s approval under this section ends— (a) if regulatory action is taken against the person under section 73D because of the regulatory notice—when the regulatory action takes effect, or 30 days after the day the immediate suspension notice is given to the person, whichever is the earlier; or (b) if regulatory action is not taken against the person under section 73D because of the regulatory notice—when the person is given written notice of the regulatory body’s decision not to take regulatory action, or 30 days after the day the immediate suspension notice is given to the person, whichever is the earlier.

73F Effect of suspension (1) A suspended approval does not authorise the carrying on of any activity under the approval during the suspension. (2) If the regulatory body suspends an authorisation holder’s approval, the person is, during the suspension— (a) taken not to hold the approval; and (b) disqualified from applying for an approval.

73G Return of amended, suspended or cancelled approvals (1) An approved person commits an offence if— (a) the person’s approval is amended, suspended or cancelled under this part; and

(b) the approved person fails to return the approval to the regulatory body as soon as practicable, but not later than 7 days after the day the approved person is given notice under section 107A (Reviewable decision notices). (3) An approved person may return an approval by giving the regulatory body— (a) for an approval given electronically—a written statement that the approved person surrenders the approval; or (b) in any other case—the approval.

73H Action by regulatory body in relation to amended or suspended approval (a) an approval is— (i) amended under a relevant section; or (ii) amended or suspended under this part; and (b) the approval is returned to the regulatory body. (2) For an amended approval, the regulatory body must— (a) return the amended approval to the approved person; or (b) give the person a replacement approval that includes the amendment. (3) If an approval is suspended under this part and the suspension ends before the end of the term of the approval, the regulatory body must return the approval to the approved person.

relevant section means— (a) for a licensed pet business—section 24N (Amendment of pet (b) for a licence—section 34 (Amendment of licence); or (c) for an authorisation—section 46 (Amendment of authorisation); or (d) for a circus or travelling zoo permit—section 59A (Amendment of circus or travelling zoo permit); or (e) for a trapping permit—section 71 (Amendment of trapping permit).

Preliminary Division 7.1

Division 7.1 Preliminary

74 Definitions—pt 7 connected—an animal or thing is connected with a particular offence if— (a) it is an animal or thing in relation to which the offence has been committed; or (b) it will provide evidence of the offence; or (c) it was used, or is or was intended to be used, to commit the offence. occupier, of premises that an inspector or authorised officer is authorised to enter under this part, includes a person the inspector or officer believes on reasonable grounds to be the occupier, or to be in charge, of the premises. offence means— (a) any conduct engaged in, whether by an act or omission, that there are reasonable grounds for believing is an offence; or (b) an offence (within the meaning of paragraph (a)) that there are reasonable grounds for believing has been, or will be, committed.

75 Protection from liability (1) A person is not personally liable for conduct done honestly and without recklessness— (a) in the exercise of a function under this part; or

(b) in the reasonable belief that the conduct was in the exercise of a function under this part. (2) Any liability that would, apart from this section, attach to the person attaches instead to the Territory. conduct means an act or an omission to do an act.

75A Public access The authority must ensure that a copy of any report received by the authority under section 89 (1) is available for public inspection free of charge at the office of the authority.

76 Inspectors (1) The director-general may appoint a person as an inspector. nominating the occupant of a position (see Legislation Act, s 207). (2) The following are also inspectors: (a) the authority; (b) a police officer.

Inspectors and authorised officers Division 7.2

77 Authorised officers (1) The director-general may appoint a public servant who is a veterinary practitioner as an authorised officer. nominating the occupant of a position (see Legislation Act, s 207) (2) The authority is also an authorised officer if the authority is— (a) accompanied by a veterinary practitioner; or (b) following the written advice of a veterinary practitioner.

78 Identity cards (1) This section applies to a person holding any of the following positions: (a) inspector (other than a police officer); (b) authorised officer; (c) the authority; (d) delegate of the authority with any delegated powers of an inspector. (2) The director-general must give the person an identity card stating the person’s name and position. (3) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation.

(4) A person commits an offence if— (a) the person stops being a person to whom this section applies; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being a person to whom this section applies. (5) An offence against this section is a strict liability offence.

80 Definitions—div 7.3 business premises means premises used for business or professional purposes, other than a part used for residential purposes. premises, in relation to the exercise of an inspector’s powers, means any premises except those which the inspector believes on reasonable grounds are being used for— (a) the purposes of research, or teaching, using animals; or (b) the acquisition, breeding or keeping of animals for such purposes.

81 Powers of entry and search (1) Subject to this section, if an inspector believes on reasonable grounds that it is necessary to do so for the purposes of this Act, the inspector may— (a) enter any premises; and

(b) exercise any power— (i) under section 82; or (ii) for the purposes of section 85. (2) For subsection (1), an inspector may— (a) enter any premises at any time with the consent of the occupier of the premises; or Note The procedures for obtaining consent are set out in s 88. (b) enter business premises during business hours at the premises; or (c) enter premises in accordance with a warrant under section 90; or (d) enter premises at any time if the inspector believes on reasonable grounds that serious and urgent circumstances require the immediate exercise of any of the inspector’s powers without a warrant. (3) An inspector who enters premises under subsection (2) (d) may have reasonable assistance and use reasonable force to enter the premises. (4) An inspector who enters premises under this section may take into the premises any people, equipment or material the inspector reasonably needs for exercising a power under this Act. (5) This section does not authorise an inspector to enter an abattoir unless— (a) the inspector is a veterinary practitioner; or (b) if the inspector is not a veterinary practitioner —the inspector enters those premises with a veterinary practitioner. (6) If a power is exercised in accordance with subsection (1) in relation to a vehicle, the relevant inspector may stop and detain the vehicle for the purpose of the exercise of that power.

81A Power to seize animals—inspectors An inspector may— (a) seize any animal that the inspector believes on reasonable grounds to be connected with an offence; or (b) seize any dependant offspring of an animal seized under paragraph (a); or (c) seize any animal that the inspector believes on reasonable grounds is kept by, or in the care or control of, a person in contravention of— (i) a temporary prohibition order under section 86E (2) (Temporary prohibition on animal ownership etc); or (ii) an interim order under section 100A (2) (Animal offences—court orders (interim)); or (iii) an order under section 101 (4) (Animal offences—court orders (general)); or (iv) an order under section 101A (2) (Animal offences— permanent prohibition on animal ownership etc); or (v) an order under section 101C (Prohibition order in special circumstances).

82 Powers of inspectors (1) Subject to subsection (2), an inspector who enters premises in accordance with section 81 may, if the inspector believes it on reasonable grounds to be necessary for the purposes of this Act— (a) examine any animal in or on the premises; or (b) give assistance to any animal on the premises; or (c) inspect the premises and anything in or on the premises (including a document); or

(d) take copies of, or extracts from, any document in or on the premises; or (e) take photographs or make films or videotapes of the premises or any animal or thing in or on the premises; or (f) seize anything (including a document), that the inspector believes on reasonable grounds to be connected with an offence; or (g) require any person in or on the premises to give the inspector such assistance as is reasonable to enable the inspector to exercise the inspector’s powers under this section; or (h) ask questions of any person in or on the premises where the inspector considers it reasonable to enable the inspector to exercise powers under this section. (2) An inspector must not— (a) give a document seized under subsection (1) to someone else (other than the authority); or (b) give a copy of a document inspected or seized under subsection (1) to someone else (other than the authority); or (c) communicate to someone else (other than the authority) the contents of a document inspected or seized under subsection (1); or (d) give any information obtained under subsection (1) to someone else (other than the authority). (3) Subsection (2) does not apply if the document or copy is given, or the communication is made for the purposes of the investigation or prosecution of an offence.

(4) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (g).

82A Direction to give personal details—inspector (1) This section applies if an inspector believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. (2) The inspector may direct the person to give the inspector, immediately, any of the following personal details: (a) the person’s full name; (b) the person’s home address; (c) the person’s date of birth. (3) However, before asking the person for any personal details under subsection (2), the inspector must show the person the inspector’s identity card. (4) If the inspector believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the inspector may direct the person to produce evidence immediately of the correctness of the detail. (5) If an inspector gives a direction under this section to a person, the inspector must tell the person that it is an offence if the person fails to comply with the direction.

(6) A person commits an offence if— (a) an inspector shows the person the inspector’s identity card; and (b) the inspector directs the person under subsection (2) to give the inspector the person’s personal details; and (c) the person does not give the inspector the personal details. Maximum penalty: 15 penalty units. (7) An offence against this section is a strict liability offence.

82B Offence—fail to comply with inspector’s direction to give name and address (a) is subject to a direction under section 82A (2); and Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (3) This section does not apply to a person if the inspector did not produce the inspector’s identity card for inspection by the person if asked. (4) This section does not apply to a person if the inspector did not, before giving the direction, warn the person that failure to comply with the direction is an offence. mentioned in s (3) and s (4) (see Criminal Code, s 58).

83 Research and educational institutions—powers of entry and search (1) Subject to this section, if an authorised officer believes on reasonable grounds that it is necessary to do so for the purposes of this Act, the officer may— (a) enter any premises the officer believes on reasonable grounds is being used for— (i) the purposes of research, or teaching, using animals; or (ii) the acquisition, breeding or keeping of animals for such purposes; and (b) exercise any power— (i) under section 84; or (ii) for the purposes of section 85. (2) For subsection (1), an authorised officer may enter premises mentioned in subsection (1) (a)— (a) at any time with the consent of the occupier of the premises; or Note The procedures for obtaining consent are set out in s 88. (b) in accordance with a warrant under section 90; or (c) at any time if the officer believes on reasonable grounds that serious and urgent circumstances require the immediate exercise of any of the officer’s powers without a warrant. (3) An authorised officer who enters premises under subsection (2) (c) may have reasonable assistance and use reasonable force to enter the premises.

Powers of authorised officers Division 7.4 (4) An authorised officer who enters premises under this section may take into the premises any people, equipment or material the officer reasonably needs for exercising a power under this Act. (5) If a power is exercised in accordance with subsection (1) in relation to a vehicle, the relevant officer may stop and detain the vehicle for the purpose of the exercise of that power.

83A Power to seize animals—authorised officers An authorised officer may— (a) seize any animal that the officer believes on reasonable grounds to be connected with an offence; or (b) seize any dependant offspring of an animal seized under paragraph (a); or (c) seize any animal that the officer believes on reasonable grounds is kept by, or in the care or control of, a person in contravention of— (i) a temporary prohibition order under section 86E (2) (Temporary prohibition on animal ownership etc); or (ii) an interim order under section 100A (2) (Animal offences—court orders (interim)); or (iii) an order under section 101 (4) (Animal offences—court orders (general)); or (iv) an order under section 101A (2) (Animal offences— permanent prohibition on animal ownership etc); or (v) an order under section 101C (Prohibition order in special circumstances).

84 Powers of authorised officers (1) Subject to subsection (2), an authorised officer who enters premises in accordance with section 83 may, if the officer believes it on reasonable grounds to be necessary for the purposes of this Act— (a) examine any animal in or on the premises; or (b) give assistance to any animal on the premises; or (c) take a sample of tissue, blood, urine or other bodily material from an animal or carcass on the premises; or (d) inspect the premises and anything in or on the premises (including a document); or (e) take copies of, or extracts from, any document in or on the premises; or (f) take photographs or make films or videotapes of the premises or any animal or thing in or on the premises; or (g) seize anything (including a document), that the officer believes on reasonable grounds to be connected with an offence; or (h) ask questions of any person in or on the premises if the officer considers it reasonable to enable the officer to exercise powers under this section. (2) An authorised officer must not— (a) give a document seized under subsection (1) to someone else (other than the authority); or (b) give a copy of a document inspected or seized under subsection (1) to someone else (other than the authority); or (c) communicate to someone else (other than the authority) the contents of a document inspected or seized under subsection (1).

Powers of authorised officers Division 7.4 (3) Subsection (2) does not apply if the document or copy is given, or the communication is made for the purposes of the investigation or prosecution of an offence. (4) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (j). 84AA Direction to give name and address—authorised officer (1) This section applies if an authorised officer believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. (2) The authorised officer may direct the person to give the authorised officer, immediately, any of the following personal details: (a) the person’s full name; (b) the person’s home address. (3) The person may ask the authorised officer to produce the authorised officer’s identity card for inspection by the person. (4) If the authorised officer believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the authorised officer may direct the person to produce evidence immediately of the correctness of the detail.

(5) If an authorised officer gives a direction under this section to a person, the authorised officer must tell the person that it is an offence if the person fails to comply with the direction. 84AB Offence—fail to comply with authorised officer’s direction to give name and address (a) is subject to a direction under section 84AA (2); and Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (3) This section does not apply to a person if the authorised officer did not produce the authorised officer’s identity card for inspection by the person if asked. (4) This section does not apply to a person if the authorised officer did not, before giving the direction, warn the person that failure to comply with the direction is an offence. mentioned in s (3) and s (4) (see Criminal Code, s 58).

Powers of veterinary practitioners Division 7.5 Division 7.5 Powers of veterinary practitioners

84A Powers of veterinary practitioners regarding seized animals and carcasses (1) A veterinary practitioner may take a sample of tissue, blood, urine or other bodily material from an animal or carcass seized under this Act. (2) A veterinary practitioner may perform a post-mortem on— (a) a dead seized animal; or (b) a seized carcass.

Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and 85 Inspectors and authorised officers (1) This section applies if an inspector or an authorised officer believes on reasonable grounds— (a) that an animal has not been given a thing mentioned in section 6B (Failure to provide appropriate care); or (b) that an animal is so severely injured, so overworked, so diseased or in such a physical condition that it is necessary that the animal be provided with veterinary treatment; or (c) that— (i) an animal is so severely injured or diseased, or in such a poor physical condition, that it is cruel to keep it alive; and (ii) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal. (2) If this section applies, the relevant inspector or authorised officer may— (a) seize the animal; and (b) give assistance to the animal; and (c) remove the animal to any place that the inspector or officer thinks fit; and (d) in the case of an animal referred to in subsection (1) (c)—destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain.

Alleviation of suffering—powers of inspectors, authorised officers and Division 7.6 (3) An inspector must only exercise a power referred to in subsection (2) (d) with the written consent of a person in charge of the relevant animal, unless— (a) the inspector, after making reasonable enquiries, is unable to locate such a person; or (b) the inspector is a veterinary practitioner. (4) The reasonable expenses incurred by an inspector or authorised officer in the exercise of a power under subsection (2) in relation to an animal may be recovered by the Territory from the owner of the animal as a debt in a court of competent jurisdiction. (5) If subsection (1) (a) or (b) applies, the relevant inspector or authorised officer may, instead of exercising the powers referred to in subsection (2) (a), (b) or (c), give a person in charge of the relevant animal directions in writing requiring that person— (a) to provide the animal with such specified rest, food, water, shelter, treatment or care as is necessary in the interests of the animal’s welfare; and (b) if necessary, to consult a veterinary practitioner about the condition of the animal within such a specified period as is reasonable in the circumstances; and (c) state a reasonable time within which the person must give the inspector or authorised officer evidence that the direction has been complied with. (6) A direction under subsection (5) must be— (a) personally served on the person; and (b) when served, explained to the person. (7) A person commits an offence if the person— (a) is given a direction under subsection (5); and

Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and (8) An offence against this section is a strict liability offence.

86 Veterinary practitioners (1) If, in the opinion of a veterinary practitioner— (a) an animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive; and (b) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal; the veterinary practitioner may— (c) seize the animal; and (d) give assistance to the animal; and (e) remove the animal to such place as the veterinary practitioner thinks fit; and (f) destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain. (2) The reasonable expenses incurred by a veterinary practitioner in the exercise of a power conferred by subsection (1) in relation to an animal may be recovered from the owner of the animal as a debt in a court of competent jurisdiction.

Dealing with seized animals Division 7.6A

86A Animal welfare entities (1) In this Act: animal welfare entity means— (a) the RSPCA; or (b) an entity declared by the Minister. (2) The Minister may make guidelines about the way an animal welfare entity may deal with a seized animal under this division. (3) A declaration of an animal welfare entity or a guideline is a notifiable instrument. RSPCA means the Royal Society for the Prevention of Cruelty to Animals (ACT) Inc ABN 35 730 738 037.

86B Accommodation of seized animals (1) The authority must accommodate a seized animal by— (a) if the authority is reasonably satisfied that the animal can be kept under suitable care by the person in charge of the animal— returning the animal to the care of the person under stated written conditions; or (b) if the authority is not satisfied that the animal can be kept under suitable care by the person in charge of the animal—placing the animal in the care of an animal welfare entity; or (c) if the animal cannot be placed in the care of an animal welfare entity—impounding the animal. (2) A condition mentioned in subsection (1) (a) may include— (a) a condition prescribed by regulation; and

(b) any other condition the authority considers appropriate to ensure the welfare and appropriate care of the animal. (a) an animal is returned to the person’s care under stated written conditions; and (b) the person fails to comply with a condition.

86C Selling or rehoming seized animals (1) The authority may— (a) sell a seized animal; or (b) give a seized animal to an animal welfare entity for selling or rehoming. (2) Before selling or rehoming an animal, the authority must— (a) if the identity of the person in charge of the animal is not known—make reasonable enquires to find out who the person in charge is; or (b) if the identity of the person in charge of the animal is known— give the person written notice of the authority’s intention to sell or rehome the animal. (3) The authority may only sell or rehome an animal if— (a) the authority is satisfied on reasonable grounds it is in the best interest of the welfare of the seized animal; and (b) the authority knows the identity of the person in charge of the animal and has given notice to the person under subsection (2) (b); and

Dealing with seized animals Division 7.6A (c) the person— (i) does not, within 14 days after the day the notice is given (the application period), apply to the ACAT under section 108 for review of the decision; or (ii) applies to the ACAT under section 108 for review of the decision within the application period and the authority’s decision to sell or rehome the animal is confirmed.

86D Destroying seized animals (1) This section applies if the authority believes on reasonable grounds that a seized animal is so severely injured or diseased, or in such poor physical condition, that it is cruel to keep the animal alive. (2) The authority may— (a) with the written consent of the person in charge of the animal, destroy the animal or cause it to be destroyed, in a way that causes it to die quickly and without unnecessary pain; or (b) give the animal to a veterinary practitioner so that the practitioner may destroy the animal in a way that causes it to die quickly and without unnecessary pain. (3) The reasonable expenses incurred by the authority in the exercise of a power under subsection (2) in relation to an animal may be recovered by the Territory from the owner of the animal as a debt in a court of competent jurisdiction.

86E Temporary prohibition on animal ownership etc (a) a domestic animal is seized under this Act; and (b) a proceeding (a relevant proceeding) has not been started in a court against a person in charge of the animal for an offence against part 2 (Animal welfare offences); and

(c) the authority reasonably believes that an animal’s welfare is, or would be, at serious risk if the person were to own, keep, care for or control the animal. (2) The authority may, in writing, prohibit (a prohibition order) the person individually or jointly with another person from— (a) purchasing or acquiring an animal within the period stated in the (b) keeping, caring for or controlling an animal within the period stated in the order. (3) In making a prohibition order, the authority— (a) must consider— (i) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and (ii) the likelihood the person has, or will, commit an offence against this Act; and (iii) any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare; and Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (b) may state that the order ends if stated conditions are met by the (4) The prohibition order ends on the earlier of— (a) the day a relevant proceeding starts; or (b) the day stated by the authority in the prohibition order; or (c) if a condition is stated under subsection (3) (b)—the day the authority confirms in writing that the condition has been met; or (d) 6 months after the day the prohibition is made.

Consent to entry, reports and search warrants Division 7.7 (5) A person commits an offence if the person fails to comply with a prohibition order. Maximum penalty: 100 penalty units. (6) Subsection (3) does not limit the matters the authority may consider. Division 7.7 Consent to entry, reports and search warrants 87 Definition of officer—div 7.7 officer means an inspector or an authorised officer. 88 Consent to entry (1) This section applies if the consent of the occupier of premises is sought by an inspector or an authorised officer for entry to the premises for section 81 or section 83. (2) If this section applies, before seeking the consent of the occupier of premises for entering premises, an officer must inform the occupier that the occupier may refuse to give that consent. (3) If this section applies and an officer obtains consent from an occupier to enter premises, the officer must ask the occupier to sign an acknowledgment— (a) that the occupier has been informed that the occupier may refuse to give that consent; and (b) that the occupier has given the officer consent, for that provision, to enter the premises and to exercise the powers of an officer under section 82, section 84 or section 85; and (c) of the day on which, and the time at which, that consent was given.

Division 7.7 Consent to entry, reports and search warrants (4) If this section applies, an officer is not authorised to remain on the premises if, on request by or on behalf of the occupier of the premises, the officer does not show the officer’s identity card to the occupier. (5) If a police officer exercises the power of an inspector to enter premises, subsection (4) only applies if the police officer is not in uniform. (6) If it is material, in any proceedings, for a court to be satisfied, for this section, of the consent of an occupier, and an acknowledgment in accordance with subsection (3) is not produced in evidence, it must be presumed that the occupier did not consent unless the contrary is established.

89 Reports (1) If, for an inspection under this part— (a) an inspector enters commercial premises; or (b) an authorised officer enters licensed premises; with the occupier’s consent, the inspector or authorised officer must, within 30 days after that entry, provide the occupier with a written report of the inspection. (2) A report under subsection (1) must contain— (a) a description of the inspection, and of any action taken by the officer or the authority as a result of the inspection; and (b) comments about any other matters connected with the welfare of animals kept on the premises as are reasonably requested by the occupier; and (c) any other comments connected with the welfare of the animals kept on the premises that the officer thinks fit.

Consent to entry, reports and search warrants Division 7.7 (3) In subsection (1): commercial premises means premises used for the sale or transport of animals, or for other commercial purposes in relation to animals.

90 Search warrants (1) This section applies if an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there is, on any premises— (a) an animal or thing of a particular kind that is connected with a particular offence against this Act; or (b) an animal or thing of a particular kind that is connected with the contravention of a requirement imposed by or under this Act; or (c) an animal referred to in section 85; and the information sets out those grounds. (2) If this section applies, a magistrate may issue a search warrant authorising an officer named in the warrant, with such assistance and by such force as is necessary and reasonable— (a) to enter the premises; and (b) to search the premises for the relevant animal or thing; and (c) to exercise the powers of an officer under section 82, section 84 or section 85 in relation to the premises, animal or thing. (3) A magistrate must not issue a warrant unless— (a) the informant or another person has given the magistrate, either orally or by affidavit, any information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

Division 7.8 Offences in relation to veterinary practitioners (4) A magistrate must not— (a) issue a warrant in relation to the search by an authorised officer of premises within the meaning of division 7.3; or (b) issue a warrant in relation to the search by an inspector of premises referred to in section 83 (1) (a) (i) or (ii). (5) A warrant must— (a) state the purpose for which it is issued; and (b) state the nature of the offence or contravention, or the circumstances referred to in section 85 (1), as the case requires, in relation to which the entry is authorised; and (c) state particular hours during which entry to the premises is authorised, or state that such entry is authorised at any time of the day or night; and (d) include a description of the kinds of things or animals in relation to which the powers of the officer may be exercised; and (e) state the date, not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. Division 7.8 Offences in relation to veterinary practitioners

91 Obstructing etc veterinary practitioner A person must not hinder, obstruct, intimidate or resist a veterinary practitioner in the exercise of the veterinary practitioner’s functions under this Act. Note The Criminal Code, pt 3.6 and pt 3.8 include offences for giving false and misleading statements to, or obstructing, Territory public officials.

Compensation for animal injury and death Division 7.9 Division 7.9 Compensation for animal injury and death

93 Definitions—div 7.9 officer means— (a) an inspector; or (b) an authorised officer; or (c) any other person who enters premises under section 81 (4) or section 83 (4) while the person is on the premises; or (d) in relation to a function under section 86—a veterinary practitioner. owner, of an injured or dead animal, means the owner of the animal immediately before its injury or death.

94 Right to compensation (1) If an animal is injured, or dies, in the course of the exercise of an officer’s functions under this part, the owner of the animal is entitled to compensation under this division, subject to subsection (2). (2) Subsection (1) only applies if an officer’s malice or negligence— (a) significantly contributed to the injury or death of the animal; or (b) in the case of an animal which is destroyed—significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated the animal’s destruction.

Division 7.9 Compensation for animal injury and death

95 Compensation claims (1) A claim for compensation under this division must be— (a) made by or on behalf of the owner of the animal; and (b) made within 1 year of the injury or death of the animal. (2) On a claim for compensation made in accordance with subsection (1), the authority must— (a) approve the claim; or (b) refuse to approve the claim. (3) The authority must only approve a claim if satisfied, on reasonable grounds, that the owner of the relevant animal is entitled to compensation under section 94. (4) The authority must only approve the payment of the amount of compensation under this section that is reasonable in the circumstances, in consideration of matters including the following: (a) the value of the animal, in the authority’s opinion based on reasonable grounds, immediately before the malice or negligence referred to in section 94 (2); (b) any malice or negligence of the owner of the animal, or of other people (other than officers), which, in the authority’s opinion based on reasonable grounds— (i) significantly contributed to the injury or death of the animal; or (ii) for an animal which is destroyed—significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated the animal’s destruction; (c) the amount of the costs incurred by the owner as a result of the injury or death of the animal that the authority considers reasonable.

Evidence Division 7.10 (5) If the authority approves a claim for compensation, the Territory must pay the owner of the relevant animal accordingly.

96 Exclusion of civil actions If a person is entitled to compensation under this division for the injury or death of an animal, no amount— (a) by way of compensation for the value of the animal; or (b) for any costs incurred by the owner of the animal as a result of that injury or death; is payable to any person except under this division.

97 Meaning of offence—div 7.10 offence means an offence against this Act.

98 Certificate evidence (1) In proceedings for an offence, a certificate signed by the authority stating— (a) whether or not a person was, during a stated period, a licensed pet business, licensee, circus permit-holder, travelling zoo permit-holder or trapping permit-holder; or (b) whether or not a pet business licence, licence, circus permit, travelling zoo permit or trapping permit was in force on a stated day or days; or (c) the conditions subject to which a pet business licence, licence, circus permit, travelling zoo permit or trapping permit was granted, as in force on a stated day or days; or

(d) whether or not a pet business licence, licence, circus permit, travelling zoo permit or trapping permit was varied, suspended or cancelled on a stated day, and (in the case of a suspension) for a stated period; is evidence of the matters stated in the certificate and the facts on which they are based. (2) In proceedings for an offence, a certificate signed by the chairperson of an animal ethics committee in relation to an authorisation stating— (a) whether or not a person was, during a stated period, the holder of an authorisation granted by that committee; or (b) whether or not an authorisation granted by that committee was in force on a stated day or days; or (c) the conditions subject to which an authorisation was granted by that committee, as in force on a stated day or days; or (d) whether or not an authorisation was varied, suspended or cancelled by that committee on a stated day, and (in the case of a suspension) for a stated period; is evidence of the matters stated in the certificate and the facts on which they are based.

Evidence Division 7.10

99 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4).

100 Meaning of offence—div 7.11 offence means an offence against this Act.

100A Animal offences—court orders (interim) (a) an animal has been seized under this Act; and (b) a proceeding for an offence has been started in a court against a person who was, before the seizure, in charge of the seized animal; and (c) the court is satisfied that, unless an appropriate interim order under this section is made, the person is likely to engage in conduct in relation to an animal that requires— (i) the seizure of an animal under this Act; or (ii) a further proceeding to be started for an offence. (2) The court may make an order (an interim order) as it considers appropriate that the person must not, individually or jointly with another person— (3) In making an interim order, the court must consider— (a) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and

(b) the likelihood the person has, or will, commit an offence against this Act; and (c) any conviction or finding of guilt of the person against an (4) The duration of an interim order under subsection (2)— (a) must be stated in the order; and (b) must not be longer than 12 months. (5) The interim order ends if a seized animal is returned to the person in charge of the animal and the proceeding for an offence against the person is withdrawn. (6) If an interim order has ended or is about to end (other than under subsection (5)), the court may make a further interim order if the court is satisfied that the matters mentioned in subsection (1) continue to apply. (7) A person must not engage in conduct that contravenes an interim order. (8) Subsection (3) does not limit the matters the court may consider.

101 Animal offences—court orders (general) (1) This section applies if a court has convicted or found guilty a person in charge of an animal of an offence against— (a) part 2 (Animal welfare offences); or (b) section 86E (Temporary prohibition on animal ownership etc); or

(c) section 100A (Animal offences—court orders (interim)); or (d) section 101A (Animal offences—permanent prohibition on animal ownership etc); or (e) section 101C (Prohibition order in special circumstances). (2) The court may, in addition to any penalty which it may otherwise impose, make any order it considers appropriate in relation to— (a) the disposal of— (i) the animal in relation to which the offence was committed; and (ii) any other animal of which the person is in charge; and (b) payment to the Territory, an animal welfare entity or another person of expenses incurred in the care of— (i) the animal in relation to which the offence was committed; and (ii) any other animal of which the person is in charge. (3) An order under subsection (2) (b) may be made at any time and for any stated period of care. (4) The court may, in addition to any penalty which it may otherwise impose, make an order as it considers appropriate that the person must not— (5) In making an order under subsection (4), the court must consider— (a) the offence committed by the person; and

(b) any other conviction or finding of guilt of the person against an (6) A person must not engage in conduct that contravenes an order under subsection (2) or (4). Maximum penalty (subsection (6)): 50 penalty units, imprisonment for 6 months or both. (7) Subsection (5) does not limit the matters the court may consider. expenses incurred, in the care of an animal, includes any expense incurred for any of the following: (a) taking possession of the animal; (b) transporting the animal; (c) providing food, drink and water for the animal; (d) providing shelter or accommodation for the animal; (e) providing veterinary care for the animal.

101A Animal offences—permanent prohibition on animal ownership etc (a) a court has convicted or found guilty a person of an offence against section 7A (Aggravated cruelty); and (b) the court believes that it is reasonably likely the person will contravene part 2 (Animal welfare offences) if the person were to own, keep, care for or control an animal.

(2) The court may, in addition to any penalty which it may otherwise impose, make an order that the person must not, either individually or jointly with another person— (a) purchase or acquire an animal; or (b) keep, care for or control an animal. (3) In making an order the court must consider— (a) the offence committed by the person; and (b) any other conviction or finding of guilt of the person against an (4) A person commits an offence if the person fails to comply with an order made under subsection (2). (5) Subsection (3) does not limit the matters the court may consider.

101B Animal offences—setting aside permanent prohibition order (1) On application by a person against whom an order under section 101A is made, the court may set aside the order. (2) An application may only be made if the person has not made an application under this section in the previous 12-month period. (3) Before making an order, the court must— (a) notify the authority, in writing, about the person’s application; and (b) allow the authority to make a written or oral submission to the court about the application.

(4) In making an order, the court must consider— (a) any submission made by the authority; and (b) the public interest; and (c) the length of time since the order under section 101A was made; and; (d) any relevant rehabilitation or remedial action undertaken by the person; and (e) the risk to the welfare of animals; and (f) the matters considered by the court when making the order under section 101A. (5) Subsection (4) does not limit the matters the court may consider.

101C Prohibition order in special circumstances (a) an animal has been seized under this Act; and (b) the authority believes— (i) either the person in charge of the animal— (A) has committed an offence in relation to an animal against part 2 (Animal welfare offences); or (B) is the subject of an order of a court of a State that prohibits the person purchasing, acquiring, keeping, caring for or controlling an animal for a stated period; and Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (ii) it is not in the public interest to bring proceedings against the person; and

(iii) the person is likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act. (2) The authority may apply to the court for an order that the person must not, individually or jointly with another person— (3) The court may make an order after considering— (a) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and (b) the likelihood the person has, or will, commit an offence against this Act; and (c) any conviction or finding of guilt of the person against an animal welfare; and (d) anything else the court considers relevant. (4) The duration of an order under subsection (2) must be stated in the order. (5) If an order made under this section has ended or is about to end, the court may make a further order if satisfied the person remains likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act. (6) A person must not engage in conduct that contravenes an order under this section.

102 Animal offences—court orders (costs and proceeds of disposal) (1) If a court makes an order under section 101 (2), it may make a further order that the person convicted or found guilty of the offence pay to a stated person the costs in relation to the disposal of the animal that are stated in the further order. (2) If a court makes an order under section 101 (2), it may make a further order stating the distribution of the proceeds from the disposal of the relevant animal in accordance with the firstmentioned order. (3) The costs or proceeds stated in an order under subsection (1) or (2) may be recovered in accordance with the order as a debt due in a court of competent jurisdiction.

103 Prohibited item and trap offences—court orders (general) (a) a court has convicted or found a person guilty of an offence— (i) under section 14; or (ii) under division 6.1 in relation to an animal trap; and (b) the court is satisfied that, unless an appropriate order under this section is made, the person would be likely to commit a further offence in relation to a prohibited item or animal trap. (2) If this section applies, the court may, in addition to any penalty which it may otherwise impose, make any order it thinks fit in relation to the disposal of— (a) the relevant a prohibited item or animal trap; and (b) any other a prohibited item or animal trap (whether of the same or of a different type of trap).

(3) If a court makes an order under subsection (2), it may make a further order that the person must not (for any purpose), within a stated period, purchase or acquire or take possession or custody of— (a) an animal trap (in general or of a stated kind); or (b) a prohibited item. (4) A person must not engage in conduct that contravenes an order under subsection (2) or (3). Maximum penalty (subsection (4)): 50 penalty units, imprisonment for 6 months or both.

104 Prohibited item and trap offences—court orders (costs and proceeds of disposal) (1) If a court makes an order under section 103 (2), it may make a further order that the person convicted or found guilty pay to a stated person stated costs in relation to the disposal of the relevant prohibited item or animal trap. (2) If a court makes an order under section 103 (2), it may make a further order stating the distribution of the proceeds from the disposal of the relevant prohibited item or animal trap in accordance with the firstmentioned order. (3) The costs or proceeds specified in an order under subsection (1) or (2) may be recovered pursuant to the relevant order as a debt due in a court of competent jurisdiction.

104A Court orders—offences involving violence (1) This section applies if a person is found guilty or convicted of an offence against this Act, or another Act, involving violence towards an animal.

(2) Before sentencing the person, the court may— (a) make an order requiring the person to submit to psychological assessment; and (b) consider the assessment and any recommendation for counselling or treatment arising from the assessment. (3) The court may, in addition to any other sentence it may impose, make an order requiring the person to undertake a program of counselling or treatment mentioned in subsection (2) (b). Example of program an anger management treatment program (4) A person commits an offence if the person intentionally contravenes a requirement of an order under this section. Maximum penalty: 1 000 penalty units.

105 Court orders—procedure and appeals (1) For the purposes of proceedings for an order under this division— (a) the court may require notice of the proceedings to be given to any person the court thinks fit; and (b) the court may hear a person to whom a notice has been given. (2) Without affecting any other right of appeal, an order under this division is appellable in the same manner as if it were, or were part of, a sentence imposed in relation to the relevant offence.

Part 8 Notification and review of decisions Part 8 Notification and review of decisions 107 Meaning of reviewable decision—pt 8 reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

107A Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

108 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Animal welfare advisory committee Part 9

Part 9 Animal welfare advisory committee

109 Establishment and functions (1) The Minister must establish an Animal Welfare Advisory Committee. (2) The committee is to be constituted in accordance with its instrument of establishment. (3) The functions of the committee are as follows: (a) to advise the Minister about animal welfare legislation; (b) to advise the authority about matters in relation to animal welfare, including animal welfare legislation; (c) to participate in the development of approved codes of practice and mandatory codes of practice; (d) to provide advice to other Territory authorities, and to community bodies, about programs for the improvement of community awareness about animal welfare; (e) to advise the Minister about any other matter relating to animal welfare; (f) to report annually to the Minister on the activities of the committee. (4) The instrument of establishment is a disallowable instrument.

109A Rescuing animal at risk in locked vehicle (a) an animal is locked in a motor vehicle; and (b) the animal appears to be at risk of serious injury or death. (2) A person does not incur criminal or civil liability if the person forcibly enters the motor vehicle, or assists another person to forcibly enter the motor vehicle, to release the animal. (3) However, subsection (2) applies only if— (a) the person is acting honestly and without recklessness; and (b) there are no other reasonable options available to the person to avoid the serious injury or death of the animal; and (c) the person’s capacity to exercise appropriate care and skill is not significantly impaired by a recreational drug. contacting the police or Access Canberra recreational drug means a drug consumed voluntarily for non-medicinal purposes, and includes alcohol.

110 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

Miscellaneous Part 10

111 Exemptions by regulations A regulation may— (a) exempt a person from the requirements of all or any of the provisions of this Act; or (b) provide for all or any of the provisions of this Act to apply, or not to apply, in relation to an animal.

112 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to— (a) the confining, housing or transport of animals; and (b) the slaughtering, trapping, snaring, catching or poisoning of (c) the hiring out, boarding, sale or trade of animals; and (d) the breeding, husbandry or training of animals; and (e) the use of animals for entertainment; and (f) the conditions under which animals may be kept or used for the purpose of the production of films, television programs or photographs, or of film, television, or photographic advertisements; and (g) the use of animals for teaching or research, or medical or surgical procedures; and (h) medical or surgical procedures on animals, including animal husbandry practices in relation to farming and grazing activities; and (i) a qualification a person must hold, or experience a person must have, to do a thing mentioned in paragraphs (a) to (h).

(3) A regulation may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Reviewable decisions Schedule 1