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Part 2 Animal Welfare Act 2002 amended
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Subdivision 2 — Functions of Chief Animal Protection1
Officer2
5M. Functions of Chief Animal Protection Officer3
(1) The Chief Animal Protection Officer has the following4
functions —5
(a) to oversee the administration of this Act;6
(b) to review and monitor, including to conduct7
inquiries, commission research and prepare8
reports about, the following —9
(i) animal welfare Acts;10
(ii) government policies and guidelines11
about animal welfare;12
(iii) compliance with, and the enforcement13
and effectiveness of, animal welfare14
Acts;15
(iv) the treatment of animals in particular16
industries or sectors, including17
greyhound racing, horse racing,18
agriculture and medical and scientific19
research;20
(c) to develop policies and guidelines about animal21
welfare;22
(d) to liaise with bodies responsible for national23
policies and guidelines about animal welfare;24
(e) to develop an animal welfare strategy that25
provides for a State-wide framework for the26
following —27
(i) identifying and prioritising animal28
welfare issues;29
(ii) coordinating stakeholder action;30
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(iii) improving consistency across all1
industries and sectors that involve2
animals;3
(f) to review and recommend updates to any code4
of practice adopted by the regulations under5
section 94(2)(d);6
(g) to collect and disseminate information about7
animal welfare issues in the State;8
(h) any other function given to the Chief Animal9
Protection Officer under an animal welfare Act10
or another written law.11
(2) The Chief Animal Protection Officer may take such12
action as the Chief Animal Protection Officer considers13
appropriate generally to protect and promote the14
welfare, safety and health of animals.15
(3) The Chief Animal Protection Officer has all the powers16
that are needed for the performance of the Chief17
Animal Protection Officer’s functions.18
5N. Delegations19
(1) In this section —20
member of staff means —21
(a) a public service officer appointed or made22
available under section 5V; or23
(b) a person in relation to whom an arrangement24
under section 5W is in effect.25
(2) The Chief Animal Protection Officer may delegate to a26
member of staff any power or duty of the Chief Animal27
Protection Officer, other than —28
(a) the power of delegation under this section; or29
(b) a power or duty delegated to the Chief Animal30
Protection Officer under section 90(1).31
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(3) A delegation under this section must be in writing1
signed by the person making the delegation.2
(4) A person to whom a power or duty is delegated under3
this section cannot delegate that power or duty.4
(5) A person exercising or performing a power or duty that5
has been delegated to the person under this section is6
taken to do so in accordance with the terms of the7
delegation unless the contrary is shown.8
(6) Nothing in this section limits the ability of the Chief9
Animal Protection Officer to perform a function10
through an officer or agent.11
Subdivision 3 — Notices to produce or attend12
5O. Term used: notice to produce or attend13
In this Subdivision —14
notice to produce or attend has the meaning given in15
section 5Q.16
5P. Purposes for exercise of powers17
The powers in this Subdivision may only be exercised18
for the purpose of a function referred to in19
section 5M(1)(b).20
5Q. Notice to produce or attend21
If the Chief Animal Protection Officer has reason to22
believe that a person has information or a document23
that is relevant to a function referred to in24
section 5M(1)(b), the Chief Animal Protection Officer25
may give the person a written notice (a notice to26
produce or attend) requiring the person —27
(a) to give to the Chief Animal Protection Officer28
specified relevant information or documents; or29
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(b) to attend before the Chief Animal Protection1
Officer to do either or both of the following —2
(i) give to the Chief Animal Protection3
Officer specified relevant documents;4
(ii) answer relevant questions.5
5R. Contents of notice to produce or attend6
(1) A notice to produce or attend that includes a7
requirement to give information or documents under8
section 5Q(a) must specify —9
(a) the time by which, or period within which, the10
information or documents must be given; and11
(b) the manner in which the documents must be12
given, which may be by electronic means.13
(2) A notice to produce or attend that includes a14
requirement for a person to attend before the Chief15
Animal Protection Officer under section 5Q(b) must16
specify —17
(a) the day and time when the person must attend;18
and19
(b) the place at which, or means of audiovisual20
communication by which, the person must21
attend; and22
(c) if documents are required to be given — the23
manner in which the documents must be given,24
which may be by electronic means.25
(3) A notice to produce or attend must also include an26
explanation of the effect of section 5U.27
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5S. Variation or withdrawal of notice to produce or1
attend2
The Chief Animal Protection Officer may vary or3
withdraw a notice to produce or attend given to a4
person by further written notice given to the person.5
5T. Powers of Chief Animal Protection Officer in6
relation to persons attending and documents7
(1) The Chief Animal Protection Officer may administer8
an oath or affirmation to a person attending before the9
Chief Animal Protection Officer in accordance with a10
notice to produce or attend and may examine the11
person on oath or affirmation.12
(2) The oath or affirmation to be taken or made by a13
person for the purposes of this section is an oath or14
affirmation that the answers the person will give will15
be true.16
(3) The Chief Animal Protection Officer may do any of the17
following in relation to a document given to the Chief18
Animal Protection Officer in accordance with a notice19
to produce or attend —20
(a) inspect the document;21
(b) retain the document for a period the Chief22
Animal Protection Officer considers23
reasonable;24
(c) make copies of the document or any of its25
contents.26
5U. Failure to comply with notice to produce or attend27
(1) A person given a notice to produce or attend must not,28
without reasonable excuse, refuse or fail to comply29
with a requirement under the notice.30
Penalty for this subsection: a fine of $6 000.31
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(2) It is not a reasonable excuse to refuse or fail to comply1
with a requirement under a notice to produce or attend2
on the basis that compliance would be inconsistent3
with a duty of confidentiality or secrecy imposed by4
law.5
(3) If a person gives information or documents, or answers6
questions, in good faith in compliance with a7
requirement under a notice to produce or attend —8
(a) no civil or criminal liability is incurred in9
respect of the giving of the information or10
documents or answering of questions; and11
(b) the giving of the information or documents or12
answering of questions is not to be regarded as13
a breach of any duty of confidentiality or14
secrecy imposed by law; and15
(c) the giving of the information or documents or16
answering of questions is not to be regarded as17
a breach of professional ethics or standards or18
as unprofessional conduct.19
Subdivision 4 — Staff and related provisions20
5V. Staff21
Public service officers may be appointed or made22
available under the Public Sector Management23
Act 1994 Part 3 to support the Chief Animal Protection24
Officer in the performance of their functions.25
5W. Use of government staff and facilities26
(1) The Chief Animal Protection Officer may, by27
arrangement with the relevant employer, make use,28
either full-time or part-time, of the services of an29
officer or employee —30
(a) in the Public Service; or31
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(b) in a State agency; or1
(c) otherwise in the service of the State.2
(2) The Chief Animal Protection Officer may, by3
arrangement with a department of the Public Service or4
a State agency, make use of any facilities of the5
department or agency.6
(3) An arrangement under subsection (1) or (2) must be7
made on terms agreed to by the parties.8
5X. Engagement of service providers9
(1) The Chief Animal Protection Officer may engage10
suitably qualified persons to provide services,11
information or advice to the Chief Animal Protection12
Officer.13
(2) A person engaged by the Chief Animal Protection14
Officer under subsection (1) is engaged on the terms15
and conditions decided by the Chief Animal Protection16
Officer.17
Subdivision 5 — Chief Animal Protection Officer’s18
relationship with Minister19
5Y. Independence of Chief Animal Protection Officer20
Except as provided in an animal welfare Act, the Chief21
Animal Protection Officer is not subject to direction by22
the Minister or any other person in the performance of23
the Chief Animal Protection Officer’s functions.24
5Z. Minister may give directions25
(1) The Minister may give written directions to the Chief26
Animal Protection Officer as to the general policy to be27
followed in the performance of the Chief Animal28
Protection Officer’s functions.29
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(2) A direction must not be given under subsection (1) in1
respect of a particular matter.2
(3) The Minister must cause the text of a direction under3
subsection (1) to be laid before each House of4
Parliament within 14 sitting days after the direction is5
given.6
(4) The Chief Animal Protection Officer must comply with7
a direction under subsection (1) unless, in the Chief8
Animal Protection Officer’s opinion, there are9
reasonable grounds for not complying with the10
direction.11
(5) If the Chief Animal Protection Officer refuses to12
comply with a direction under subsection (1), the Chief13
Animal Protection Officer must include in the report14
referred to in section 5ZH(1) the text of the direction15
and the reasons for refusing to comply with the16
direction.17
5ZA. Minister may request information18
(1) In this section —19
information means information specified, or of a20
description specified, by the Minister that relates to the21
Chief Animal Protection Officer’s functions.22
(2) The Minister may request that the Chief Animal23
Protection Officer —24
(a) give information in the possession of the Chief25
Animal Protection Officer to the Minister; or26
(b) give the Minister access to that information.27
(3) The Chief Animal Protection Officer must comply with28
a request under subsection (2) unless, in the Chief29
Animal Protection Officer’s opinion, there are30
reasonable grounds for not complying with the request.31
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(4) Without limiting subsection (3), reasonable grounds for1
not complying with the request include the2
following —3
(a) the information would be privileged from4
production on the ground of legal professional5
privilege;6
(b) compliance with the request would constitute a7
breach of a duty of confidentiality or secrecy8
imposed by law for which a legal or equitable9
remedy could be obtained;10
(c) compliance with the request would be likely to11
prejudice —12
(i) an investigation of any contravention or13
possible contravention of a provision of14
an animal welfare Act; or15
(ii) the administration or enforcement of an16
animal welfare Act;17
(d) compliance with the request would reasonably18
be expected to reveal, or enable to be19
ascertained, the identity of any person as —20
(i) a person who has made an appropriate21
disclosure of public interest information22
under the Public Interest Disclosure23
Act 2003; or24
(ii) a person in respect of whom a25
disclosure of public interest information26
has been made under the Public Interest27
Disclosure Act 2003.28
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Division 3 — Independent Office of Animal Protection1
5ZB. Independent Office of Animal Protection2
The Independent Office of Animal Protection is the3
entity consisting of —4
(a) the Chief Animal Protection Officer; and5
(b) public service officers appointed or made6
available under section 5V; and7
(c) persons in relation to whom an arrangement8
under section 5W is in effect.9
Division 4 — Animal Protection Advisory Committee10
5ZC. Animal Protection Advisory Committee established11
A committee called the Animal Protection Advisory12
Committee is established.13
5ZD. Membership of Committee14
(1) The Committee consists of at least 7 and no more than15
11 committee members appointed by the Attorney16
General.17
(2) The Attorney General must ensure that each person18
appointed under subsection (1) has appropriate19
qualifications, skills or experience relevant to the20
functions of the Committee.21
(3) A person may be appointed under subsection (1) —22
(a) for a period not exceeding 3 years; and23
(b) on a full-time basis or part-time basis.24
(4) A person who has been appointed under subsection (1)25
is eligible for reappointment.26
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5ZE. Function of Committee1
(1) The Committee has the function of advising the Chief2
Animal Protection Officer in relation to the3
performance of the Chief Animal Protection Officer’s4
functions.5
(2) For the purpose of subsection (1), advice may be6
provided about the following —7
(a) the animal science industry, including —8
(i) animal welfare issues; and9
(ii) current veterinary practices; and10
(iii) the use of animals for scientific11
purposes;12
(b) the care and regulation of domestic animals;13
(c) the care, management and conservation of14
native wildlife and exhibited animals;15
(d) ethical considerations in relation to any of the16
matters provided for in paragraphs (a) to (c);17
(e) existing or proposed legislation connected to, or18
for the purposes of, animal welfare;19
(f) the development of public policy relating to20
animal welfare;21
(g) how best to improve community awareness in22
relation to animal welfare issues.23
(3) The Committee may consult with any person or body24
for the purposes of providing advice to the Chief25
Animal Protection Officer.26
5ZF. Regulations about Committee27
(1) Without limiting section 94(1), regulations may be28
made under that section for or in relation to the29
Committee.30
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(2) Without limiting subsection (1), regulations made1
under that subsection may make provision for or in2
relation to any of the following —3
(a) the appointment of persons as members of the4
Committee, including that members —5
(i) possess particular expertise or6
qualifications; or7
(ii) represent particular interest groups,8
industries or occupations;9
(b) the appointment of a chairperson and deputy10
chairperson of the Committee;11
(c) the conditions of appointment of members of12
the Committee, including remuneration,13
allowances and leave;14
(d) the resignation or removal of members of the15
Committee;16
(e) meetings and procedures of the Committee,17
including the management of any conflicts of18
interest relating to the Committee.19
(3) Subject to any regulations made under subsection (1),20
the Committee may determine its own procedures.21
5ZG. Annual report of Committee22
(1) The Committee must, within 3 months after 30 June in23
each year, prepare a report (an annual report) as to the24
Committee’s general activities during the financial year25
ending on that day.26
(2) The Committee must give a copy of the annual report27
to the Minister within 30 days after the annual report is28
prepared.29
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(3) The Minister must cause a copy of the annual report to1
be laid before each House of Parliament within2
9 sitting days of the House after the annual report is3
received by the Minister.4
Division 5 — Reporting requirements for Chief Animal5
Protection Officer6
Subdivision 1 — Preparation of reports by Chief Animal7
Protection Officer8
5ZH. Annual reports9
(1) The Chief Animal Protection Officer must, within10
3 months after 30 June in each year, prepare a report as11
to the Chief Animal Protection Officer’s general12
activities during the financial year ending on that day.13
(2) The report required under subsection (1) may be14
prepared and dealt with in conjunction with any report15
required under the Financial Management Act 2006 in16
respect of the Chief Animal Protection Officer.17
5ZI. Reports on other matters18
The Chief Animal Protection Officer may from time to19
time prepare a report on —20
(a) any inquiry, review or research conducted in21
the performance of the Chief Animal Protection22
Officer’s functions; or23
(b) any other matter arising in the performance of24
the Chief Animal Protection Officer’s25
functions.26