Schedule 1 Reviewable decisions
(see pt 8)
item
1 24G (1) (b) refuse to issue licence applicant for licence
2 24I (1) (a) and (b) put condition on
3 24K (1) (b) refuse to approve
transfer
• licensee
• transferee
4 24K (3) put condition on
transfer
transferee
5 24M (1) (b) refuse to renew licence licensee
6 24M (5) put condition on
7 24N amend licence licensee
8 24O (4) refuse further
consideration
• applicant
• licensee
• transferee
9 27 (1) (a) and 30 grant or renew licence
for period less than
3 years
applicant for licence or
10 27 (1) (b) refuse to grant or
renew licence
applicant for licence or
11 28 (b) put condition on
12 34 (1) amend licence licensee
13 34 (1) amend licence in way
other than the way
Schedule 1 Reviewable decisions
item
14 34 (1) refuse to amend
15 38 (1) (a) and 41 grant or renew
authorisation for period
less than 3 years
applicant for authorisation
or renewal
16 38 (1) (b) refuse to grant or
renew authorisation
applicant for authorisation
or renewal
17 39 (b) put condition on
entity that holds
18 46 (1) amend authorisation entity that holds
19 46 (1) amend authorisation in
way other than way
20 46 (1) refuse to amend
21 49B (3) end application of
s 49B (1) to researcher
interstate researcher
22 55 (1) (b) refuse to grant or
renew circus or
travelling zoo permit
23 56 (b) put condition on circus
or travelling zoo
permit
24 59A (1) amend circus or
travelling zoo permit
25 59A (1) amend circus or
travelling zoo permit in
way other than way
26 59A (1) refuse to amend circus
or travelling zoo
permit
Reviewable decisions Schedule 1
item
27 64 (1) (a) and 67 grant or renew trapping
permit for period less
than 3 years
28 64 (1) (b) refuse to grant or
renew trapping permit
29 65 (b) put condition on
trapping permit
30 71 (1) amend trapping permit permit holder
31 71 (1) amend trapping permit
in way other than way
32 71 (1) refuse to amend
trapping permit
33 73D take regulatory action approved person against
whom action taken
34 73E suspend approval
immediately
approved person whose
approval suspended
35 86B condition on
accommodation of
seized animal
person in charge of animal
36 86C sell or rehome seized
animal
person in charge of animal
37 86E prohibit animal
ownership
person prohibited
38 95 (2) (a) approve claim for
compensation for
particular amount
claimant for compensation
39 95 (2) (b) refuse to approve claim
for compensation
claimant for compensation
(see s 2)
Note The Legislation Act contains definitions relevant to this Act.
For example:
• ACAT
• chief police officer
• contravene
• Corporations Act
• director-general (see s 163)
• entity
• fail
• found guilty
• function
• maximum penalty
• may (see s 146)
• Minister (see s 162)
• must (see s 146)
• person (see s 160)
• police officer
• public servant
• reviewable decision notice
• the Territory
• veterinary practitioner.
animal means—
(a) a live member of a vertebrate species, including—
(i) an amphibian; and
(ii) a bird; and
(iii) a fish; and
(iv) a mammal (other than a human being); and
(v) a reptile; or
(b) a live cephalopod; or
(c) a live crustacean intended for human consumption.
animal ethics committee means—
(a) for this Act generally—an animal ethics committee established
in accordance with a regulation; and
(b) in relation to a licence—the animal ethics committee whose
functions relate to the licence; and
(c) in relation to an application for an authorisation—the animal
ethics committee to which the application is made; and
(d) in relation to an authorisation or an authorisation holder—the
animal ethics committee that gave the authorisation.
animal welfare entity—see section 86A.
approval, for part 6A (Regulatory action)—see section 73A.
approved code of practice means a code of practice approved under
section 22, as in force under this Act.
approved person, for part 6A (Regulatory action)—see section 73A.
authorisation means a research authorisation or teaching
authorisation holder means a person granted a research authorisation
or a teaching authorisation under section 38 (1) (a).
authorised officer means an authorised officer under section 77.
authorised staff member, of a corporation, for division 4.2
(Authorisations)—see section 37 (2).
authority means the Animal Welfare Authority under section 5.
board, an animal, for part 3A (Pet businesses)—see section 24E.
breeding licence, for part 3A (Pet businesses)—see section 24E.
business premises, for division 7.3 (Powers of inspectors)—see
section 80.
circus permit means a circus permit granted under section 55.
circus permit-holder means a person granted a circus permit under
section 55 (1) (a).
confine, an animal, for part 2 (Animal welfare offences)—see
section 6A.
connected, for part 7 (Enforcement)—see section 74.
cruelty, in relation to an animal, for pt 2 (Animal welfare offences)—
see section 6A.
defined offence means—
(a) an offence against this Act; or
(b) an offence in relation to animal welfare under another territory
law or a Commonwealth or State law.
director, of a corporation incorporated for a public purpose under a
territory law or Commonwealth or State law, includes a member of
the corporation.
domestic, in relation to an animal, includes captive.
engage in conduct means—
(a) do an act; or
(b) omit to do an act.
executive officer, of a corporation, means a person (however
described) who is concerned with, or takes part in, the corporation’s
management, whether or not the person is a director of the
corporation.
feral animal means an animal (other than a native animal) that does
not live in a domestic state.
identity card means—
(a) in relation to an inspector (other than a police officer), an
authorised officer or a delegate of the authority—an identity
card issued to the person under section 78; or
Note The authority is an inspector (see s 76 (2) (a)).
(b) in relation to a police officer—proof of identification of a type
approved for general purposes by the chief police officer.
injury, in relation to an animal, includes—
(a) the aggravation, acceleration or recurrence of any physical
injury; and
(b) the contraction, aggravation, acceleration or recurrence of a
disease.
inspector means an inspector under section 76.
interstate research authorisation means an authorisation (however
described) to conduct research, or teach, using animals that—
(a) has been granted under a State law; and
(b) has not been suspended.
interstate researcher means a person who holds an interstate research
licence means a licence granted under section 27.
licensed pet business means a person issued a pet business licence
under section 24G (1) (a).
licensed premises—see section 27 (Decision about licence
application).
licensee means a person granted a licence under section 27 (1) (a).
mandatory code of practice means a code of practice, or part of a
code of practice, approved under section 23 as mandatory.
native animal—see the Nature Conservation Act 2014, section 12.
occupier, of premises that an inspector or authorised officer is
authorised to enter under part 7, for part 7 (Enforcement)—see
section 74.
offence—
(a) for part 7 (Enforcement)—see section 74; and
(b) for division 7.10 (Evidence)—see section 97; and
(c) for division 7.11 (Court orders and corporate penalties)—see
section 100.
officer—
(a) for division 7.7 (Consent to entry, reports and search
warrants)—see section 87; and
(b) for division 7.9 (Compensation for animal injury and death)—
see section 93.
owner, of an injured or dead animal, for division 7.9 (Compensation
for animal injury and death)—see section 93.
pain includes suffering and distress.
person in charge, in relation to an animal, means—
(a) the owner of the animal; or
(b) a person having the custody or control of the animal; or
(c) if a person mentioned in paragraph (b) is acting as the employee
or agent of someone else—the other person; or
(d) if the animal is confined in a saleyard—the occupier of the
saleyard.
pet business, for part 3A (Pet businesses)—see section 24E.
pet business licence means a licence issued under
section 24G (1) (a).
pet shop, for part 3A (Pet businesses)—see section 24E.
poison, for part 2 (Animal welfare offences)—see section 6A.
premises—
(a) for this Act generally, includes—
(i) a building or part of a building; and
(ii) a tent, stall or other structure, whether permanent or
temporary; and
(iii) land (including water on land) whether or not appurtenant
to a building; and
(iv) a vehicle; and
(b) in relation to the exercise of an inspector’s powers, for
division 7.3 (Powers of inspectors)—see section 80.
prohibited animal, for part 5 (Circuses and travelling zoos)—see
section 51.
prohibited item—see section 14.
regulatory body, for part 6A (Regulatory action)—see section 73A.
research authorisation means an authorisation granted under section
38 (Decision about authorisation application) to conduct a program
of research in relation to licensed premises.
reviewable decision, for part 8 (Notification and review of
decisions)—see section 107.
teaching authorisation means an authorisation granted under section
38 (Decision about authorisation application) to conduct a program
of teaching in relation to licensed premises.
trapping permit means a permit granted under section 64 (Decision
about trapping permit application) for—
(a) domestic or private purposes; or
(b) the purposes of a commercial trapping operation.
trapping permit-holder means a person granted a trapping permit
under section 64 (1) (a).
travelling zoo does not include—
(a) for a zoo located in the ACT—the display of the zoo’s animals
at a place other than the place where the zoo is permanently
located; or
(b) a zoo (however described) the main purpose of which is to make
animals available for contact with members of the public.
a zoo known as a petting zoo that contains animals such as livestock, poultry
and rabbits
travelling zoo permit means a travelling zoo permit granted under
section 55.
travelling zoo permit-holder means a person granted a travelling zoo
permit under section 55 (1) (a).
vehicle includes a caravan, trailer or vessel.
veterinary treatment, in relation to an animal, means—
(a) a medical procedure of a prophylactic or therapeutic nature
carried out on the animal by a veterinary practitioner; or
(b) a medical procedure of a prophylactic nature carried out on the
animal in accordance with directions given by a veterinary
(c) a surgical procedure of a prophylactic or therapeutic nature, or
sterilisation, carried out on the animal by a veterinary
(d) any other medical or surgical procedure carried out on the
animal by a veterinary practitioner.
welfare, in relation to animals, means the health, safety and welfare
of—
(a) animals in general; or
(b) 1 or more animals in particular.
1 About the endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Animal Welfare Act 1992 A1992-45
notified 1 September 1992 (Gaz 1992 No S148)
s 1, s 2 commenced 1 September 1992 (s 2 (1))
ss 6, 76, 78, 79 and 109 commenced 2 November 1992 (Gaz 1992
No 44)
remainder commenced 1 March 1993 (s 2 (3))
as amended by
Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994
A1994-60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch commenced 15 December 1994 (Gaz 1994 No S293)
Nature Conservation (Amendment) Act (No 2) 1994 A1994-110 sch 2
notified 22 December 1994 (Gaz 1994 No S289)
s 1, s 2 commenced 22 December 1994 (s 2 (1))
sch 2 commenced 8 February 1995 (Gaz 1995 No S41)
Animal Welfare (Amendment) Act 1997 A1997-45 (as am A2001-44
pt 19; A2001-83 s 9; A2005-54 sch 1 pt 1.4)
notified 19 September 1997 (Gaz 1997 No S264)
ss 1-3 commenced 19 September 1997 (s 2 (1))
s 4, s 5, s 5A repealed before commencement (see A2014-3 s 4)
s 6 commenced 19 December 1997 (s 2 (4))
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (Gaz 1998 No 49)
Animal Welfare Amendment Act 2000 A2000-72
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 17
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 17 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.4
notified 5 September 2001 (Gaz 2001 No S65)
commenced 12 September 2001 (s 2 (1))
Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 1 pt 1.1, sch 2 pt 2.4
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 1 pt 1.1, sch 2 pt 2.4 commenced 9 April 2004 (s 2 (1))
Animal Legislation (Penalties) Amendment Act 2004 A2004-50
notified LR 16 August 2004
s 1, s 2 commenced 16 August 2004 (LA s 75 (1))
remainder commenced 17 August 2004 (s 2)
Stock Act 2005 A2005-19 sch 1 pt 1.1
notified LR 13 April 2005
s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 26 August 2005 (s 2 and CN2005-13)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.3,
sch 1 pt 1.4
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 24 November 2005 (s 2)
sch 1 pt 1.4 never commenced (A1997-45 rep before commenced by
A2014-3 s 4)
Animal Welfare Amendment Act 2006 A2006-17
notified LR 10 May 2006
s 1, s 2 commenced 10 May 2006 (LA s 75 (1))
remainder commenced 11 May 2006 (s 2)
Animal Welfare Legislation Amendment Act 2007 A2007-7 pt 2
notified LR 26 March 2007
s 1, s 2 commenced 26 March 2007 (LA s 75 (1))
s 15 commenced 26 September 2007 (s 2 (2))
pt 2 remainder commenced 27 March 2007 (s 2 (1))
Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.4
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))
sch 3 pt 3.4 commenced 27 December 2007 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.3
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.3 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.8
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.8 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Animal Welfare Amendment Act 2010 A2010-14
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
remainder commenced 1 October 2010 (s 2 and LA s 79)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.10
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1
pt 1.3
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 March 2012 (s 2 (1) and see Evidence Act