This Act creates a licensing and permitting regime for premises and people who exhibit animals to the public, sets standards and a public register, and gives inspectors powers to enter, seize animals and enforce compliance — with special approval and bond rules for cetacea.
It chiefly affects operators, owners, keepers and staff of zoos, aquaria, marine parks, circuses and travelling exhibits, concentrating discretionary regulatory power and compliance costs in the Department while providing enforcement and administrative appeal mechanisms.
This Act creates and operates a regulatory scheme for the exhibition of animals. Mechanically it does the following things:
Establishes an Exhibited Animals Advisory Committee (composition, appointment mechanics and procedures) to advise the Secretary and co‑ordinate policy across agencies (Pt 2, ss 6-11, 8). The Committee is a statutory body for the purposes of any Act and is appointed by the Minister (s 6(2)-(4)).
Makes it an offence to use prescribed premises as an animal display establishment without a licence and makes licensing the central permissioning mechanism for premises used for exhibition (Pt 3 Div 1, ss 12, 15-17). Licences must describe the premises and class of establishment, and authorise use only according to terms and conditions (ss 16-17).
Requires Secretary approval before erecting or converting premises into a prescribed class of animal display establishment and before altering licensed establishments (ss 18-19).
Creates separate, parallel instruments for persons exhibiting animals: approvals to exhibit in temporary/movable contexts (eg circuses, education settings) and permits for exhibition of prescribed species, each issued only when the Secretary is satisfied standards and qualifications are met (Divs 2-3, ss 22-25).
Defines standards that may be prescribed for facilities, conduct, housing, hygiene, husbandry, records, public safety and education (s 14; Schedule 3).
Establishes a register of licensed establishments and rights to certificates of registered particulars (ss 20-21).
Confers powers on inspectors including entry, search, seizure, removal and written directions to remedy non‑compliance; it also provides search warrant procedures for dwellings, and sets rules for care or disposition of seized animals (Pt 5, ss 38-42; 41).
Current sections
Direct links to the current provisions in Exhibited Animals Protection Act 1986.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.
(a) exempt, to the extent prescribed, any specified person or premises or persons or premises of a specified class from the operation of this Act, and
(b) exempt, in prescribed circumstances, any specified person or premises or persons or premises of any specified class from any requirement made by or under this Act,
either unconditionally or subject to conditions.
(2) Where an exemption is given subject to conditions, the exemption does not have effect while any of the conditions is not being complied with.
(3) Regulations made for the purposes of this section may provide that any failure to comply with a condition prescribed in relation to an exemption is an offence under the regulations.
5
Definitions
5 Definitions
5 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
advisory committee means the committee constituted by this Act.
animal means a vertebrate animal, and includes a mammal, bird, reptile, amphibian and fish, but does not include a human being.
animal display establishment means premises used for the exhibition of animals and includes a zoological park, marine park and oceanarium.
approval means an approval issued under Part 3 and in force.
board means the Zoological Parks Board of New South Wales.
Department means Regional NSW.
exhibit, in relation to an animal, means the display, or the keeping for display, of the animal for educational, cultural, scientific, entertainment or other prescribed purposes, but does not include the display, or the keeping for display, of an animal solely—
(a) in connection with the sale or intended sale of the animal,
(c) in circumstances declared by the regulations not to constitute an exhibition of the animal for the purposes of this Act.
inspector means a person appointed or authorised under section 38.
licence means a licence issued under Part 3 and in force.
licensed animal display establishment means premises that are the subject of a licence.
licensee means the holder for the time being of a licence.
member means a member of the advisory committee.
occupier, in relation to premises—
(a) includes a person in charge of the premises as a manager or lessee or otherwise, and
(b) where the premises are the subject of a licence, includes the licensee.
permit means a permit issued under Part 3 and in force.
premises includes any land or place (whether or not wholly or partly built upon or covered by water) and any part thereof.
register means the register referred to in section 20.
regulation means a regulation made under this Act.
Secretary means the Secretary of the Department.
sell includes—
(a) auction or exchange,
(b) offer, expose, supply or receive for sale,
(c) send, forward or deliver for sale or on sale, and
(d) have in possession for sale.
species includes order, class and description.
zoological park means—
(a) zoological gardens,
(b) aquariums, and
(c) similar institutions,
in which animals are exhibited or displayed, or kept for display, for any prescribed purpose.
(2) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
s 5: Am 1988 No 131, Sch 8; 1991 No 94, Sch 1; 2004 No 91, Sch 1.10 [1] [2]; 2010 No 59, Sch 2.28; 2015 No 58, Sch 3.33 [2]; 2020 No 30, Schs 1.15[1], 3.10.
Part 2
The Exhibited Animals Advisory Committee
Part 2 The Exhibited Animals Advisory Committee
Part 2 The Exhibited Animals Advisory Committee
6
The advisory committee
6 The advisory committee
6 The advisory committee
(1) There is constituted by this Act an Exhibited Animals Advisory Committee.
(2) The advisory committee—
(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,
(b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and
(c) shall, in the exercise of its functions (except in relation to the contents of a report or a recommendation made by it to the Minister), be subject to the control and direction of the Minister.
(3) The advisory committee shall consist of 6 members who shall be appointed by the Minister.
(4) Of the members—
(a) one is to be a person nominated by the Minister,
(b) one is to be a person selected by the Minister from a panel of persons nominated by the board,
(e) one shall be a person selected by the Minister from persons nominated by prescribed animal welfare organisations, and
(f) one shall be a person selected by the Minister from persons nominated by prescribed organisations representing exhibitors of animals.
(5) Where, but for this subsection, the Minister would be unable to appoint a member because of the failure of a person or body to nominate a person or panel of persons in accordance with any paragraph of subsection (4)—
(a) the Minister may appoint any person the Minister considers qualified to hold office as that member, and
(b) the person so appointed shall be a member and shall be deemed to have been appointed in accordance with that paragraph.
(6) Schedule 1 has effect with respect to the members.
(7) Schedule 2 has effect with respect to the procedure of the advisory committee.
s 6: Am 1994 No 32, Sch 1.
7
Staff of the advisory committee
7 Staff of the advisory committee
7 Staff of the advisory committee
(1) The advisory committee may—
(a) with the approval of the Minister, and
(b) on such terms and conditions as may be approved by the Secretary of the Premier’s Department,
arrange for the use of the services of any staff or facilities of a Public Service agency or public authority.
(2) The Secretary may, with the approval of the Minister, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to the advisory committee.
(3) The terms and conditions under which persons are engaged under this section shall be such as are from time to time determined by the Secretary with the approval of the Minister.
s 7: Am 2015 No 58, Sch 3.33 [3] [4]; 2024 No 35, Sch 3.6.
8
Functions of the advisory committee
8 Functions of the advisory committee
8 Functions of the advisory committee
The advisory committee has the following functions—
(a) to advise the Secretary so as to promote a co-ordinated approach in policy and administration between the Secretary and government departments administering legislation relating to the importation, control, care and welfare of animals,
(b) to monitor the effectiveness of the scheme governing the exhibition of animals established under Part 3 and to recommend to the Secretary any changes which may appear to the advisory committee to be necessary for the efficient operation of that scheme,
(c) to carry out any function which may be delegated to it by the Secretary.
9
Inspections
9 Inspections
9 Inspections
(1) The advisory committee may at any time request the Secretary to cause an inspection to be made of any licensed premises.
(2) The advisory committee may, by instrument in writing, authorise a member to accompany an inspector during the conduct of an inspection and any member so authorised shall, during the conduct of the inspection, be deemed to be an inspector.
10
Recommendations and reports
10 Recommendations and reports
10 Recommendations and reports
(1) The advisory committee shall forward to the Secretary any recommendations and reports made by it in the exercise of the functions conferred or imposed on it by or under this Act.
(2) The Secretary shall, at such times as the Minister may request, forward copies of any such recommendations or reports to the Minister.
11
Delegation
11 Delegation
11 Delegation
(1) The advisory committee may delegate to a person the exercise of any of its functions, other than this power of delegation.
(2) A delegation under this section—
(a) shall be in writing,
(b) may be general or limited, and
(c) may be revoked, wholly or partly, by the advisory committee.
(3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.
(4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the advisory committee.
(5) A delegation under this section does not prevent the exercise of a function by the advisory committee.
(6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Part 3
Licences, approvals and permits
Part 3 Licences, approvals and permits
Part 3 Licences, approvals and permits
Division 1
Licensing of animal display establishments
Division 1 Licensing of animal display establishments
Division 1 Licensing of animal display establishments
12
Licence required for animal display establishment
12 Licence required for animal display establishment
12 Licence required for animal display establishment
(1) Each occupier of premises used as an animal display establishment of a prescribed class is guilty of an offence and liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than 6 months, or to both, if the use of the premises as an animal display establishment of that class is not authorised by a licence.
(2) (Repealed)
s 12: Am 1992 No 112, Sch 1; 1996 No 11, Sch 1 [1].
13
Classes of establishments
13 Classes of establishments
13 Classes of establishments
For the purposes of this Act, there shall be such classes of animal display establishments as are prescribed by the regulations.
14
Standards
14 Standards
14 Standards
(1) Standards may be prescribed for or with respect to—
(a) the facilities for the exhibition of animals at, and
(b) the conduct of,
animal display establishments of any class.
(2) Without limiting the generality of subsection (1), a standard may be prescribed in relation to any matter referred to in Schedule 3.
15
Issue of licences
15 Issue of licences
15 Issue of licences
(1) A licence for an animal display establishment of a prescribed class shall not be issued unless the Secretary is satisfied that the animal display establishment conforms to and will be conducted in accordance with any standards prescribed under section 14 for animal display establishments of that class.
(2) Different animal display establishments shall each be the subject of a separate application and a separate licence or separate licences.
16
Particulars to be specified in licences
16 Particulars to be specified in licences
16 Particulars to be specified in licences
(1) A licence for an animal display establishment shall describe the animal display establishment which is the subject of the licence.
(2) A licence for an animal display establishment shall relate to an animal display establishment of the class specified in the licence.
(3) Separate licences relating to animal display establishments of different classes may be held concurrently for the same premises.
17
Authority conferred by licence
17 Authority conferred by licence
17 Authority conferred by licence
A licence for an animal display establishment authorises the use under this Act of the premises which are the subject of the licence as an animal display establishment of the class specified in the licence, but only when the premises are used in accordance with the terms and conditions to which the licence is subject.
18
Approval of erection of animal display establishment
18 Approval of erection of animal display establishment
18 Approval of erection of animal display establishment
(1) A person shall not erect an animal display establishment of a prescribed class or convert any premises into any such establishment unless the erection of the establishment or the conversion of the premises has been approved by the Secretary.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
(2) A person may apply for the approval of the Secretary of the erection of, or conversion of premises into, a proposed animal display establishment of a prescribed class.
(3) Approval for the erection of, or conversion of premises into, an animal display establishment of a prescribed class shall not be issued unless the Secretary is satisfied that the animal display establishment will, when completed, conform to and be conducted in accordance with the standards prescribed in respect of that class of animal display establishment under section 14.
(4) An appropriate licence shall be issued in respect of an animal display establishment completed in accordance with an approval granted under this section.
(5) A person is not guilty of an offence under subsection (1) if the person satisfies the court that erection or conversion of the establishment to which the alleged offence relates was substantially commenced before the establishment became an animal display establishment of a prescribed class.
s 18: Am 1992 No 112, Sch 1.
19
Alteration of licensed animal display establishment
19 Alteration of licensed animal display establishment
19 Alteration of licensed animal display establishment
A licensee shall not cause or permit a licensed animal display establishment to be altered or extended unless—
(a) approval of the Secretary is first obtained for the alteration or extension, and
(b) the animal display establishment is altered or extended in accordance with that approval.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
s 19: Am 1992 No 112, Sch 1.
20
Register
20 Register
20 Register
(1) The Secretary shall cause a register to be kept as prescribed.
(2) The following particulars shall be entered in the register—
(a) the address of each licensed animal display establishment,
(b) the full name and residential address of the licensee,
(c) the class of the animal display establishment,
(d) the terms and conditions to which the licence for the animal display establishment is subject, and
(e) such further particulars as may be prescribed.
(3) The Secretary may, from time to time, cause the particulars for the time being entered in the register to be varied so as to ensure that the register remains a true and accurate record of the matter to which the particulars relate.
21
Certificate of registered particulars
21 Certificate of registered particulars
21 Certificate of registered particulars
(1) A person may apply to the Secretary for a copy of the registered particulars in respect of a licensed animal display establishment.
(2) Where the Secretary receives an application under this section, the Secretary shall, on payment of the prescribed fee, cause the applicant to be furnished with a certificate, in a form approved by the Secretary, containing a copy of the registered particulars in respect of the licensed animal display establishment to which the application relates.
s 21: Am 1994 No 32, Sch 1.
Division 2
Approvals for the exhibition of animals at circuses etc
Division 2 Approvals for the exhibition of animals at circuses etc
Division 2 Approvals for the exhibition of animals at circuses etc
22
Persons to be authorised to exhibit animals
22 Persons to be authorised to exhibit animals
22 Persons to be authorised to exhibit animals
(1) In this section—
person in charge, in relation to an animal, includes—
(a) the owner of the animal,
(b) a person who has the animal in his or her possession or custody, or under his or her care, control or supervision, and
(c) where a person referred to in paragraph (b) is bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal, that servant or agent, as the case may be.
(2) A person in charge of an animal of any species (other than an animal of a species prescribed for the purposes of section 24) shall not exhibit the animal on premises occupied by temporary or movable structures used for the purposes of a circus, fair, fun-fair, amusement park or similar place of public entertainment, or at a preschool, school, TAFE establishment, university or other place of education, unless the person is the holder, or is supervised by the holder, of an approval authorising the holder to exhibit animals of that species.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
s 22: Am 1992 No 112, Sch 1; 1995 No 16, Sch 1.
23
Issue of approvals
23 Issue of approvals
23 Issue of approvals
(1) An approval authorising the exhibition of animals of a species shall not be issued unless the Secretary is satisfied that the person to whom it is issued has appropriate qualifications or experience, or both, to exhibit animals of that species.
(2) An approval authorises the holder to exhibit, or supervise the exhibition of, animals of the species specified in the approval, but only when the animals are exhibited in accordance with the terms and conditions to which the approval is subject.
Division 3
Permits for the exhibition of certain animals
Division 3 Permits for the exhibition of certain animals
Division 3 Permits for the exhibition of certain animals
24
Certain animals may be displayed only with permit
24 Certain animals may be displayed only with permit
24 Certain animals may be displayed only with permit
A person shall not exhibit an animal of a prescribed species unless the person is the holder, or is supervised by the holder, of a permit authorising the holder to exhibit animals of that species.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
s 24: Am 1992 No 112, Sch 1; 2020 No 30, Sch 1.15[2].
25
Issue of permits
25 Issue of permits
25 Issue of permits
(1) A permit authorising the exhibition of animals of a prescribed species shall not be issued unless the Secretary is satisfied that animals of that species will be exhibited in accordance with the standards prescribed in respect of animals of that species for the purposes of this section.
(2) Without limiting the generality of subsection (1), a standard may be prescribed in relation to any matter referred to in Schedule 3.
(3) A permit authorises the holder to exhibit, or supervise the exhibition of, an animal or animals of the species specified in the permit, but only when the animal is or animals are exhibited in accordance with the terms and conditions to which the permit is subject.
s 25: Am 2020 No 30, Sch 1.15[3] [4].
Division 4
General
Division 4 General
Division 4 General
26
Definition
26 Definition
26 Definition
In this Division—
authority means a licence, an approval or a permit.
27
Applications
27 Applications
27 Applications
(1) An application for the issue, renewal or variation of an authority shall be made to the Secretary in the prescribed manner and accompanied by the prescribed fee.
(2) An application for the transfer of a licence shall be made to the Secretary in the prescribed manner and accompanied by the prescribed fee.
(3) The application shall be considered by the Secretary who may grant or refuse the application.
(3A) In considering whether to grant or refuse the application, the Secretary may consider the following—
(b) whether the applicant has previously failed to comply with any term or condition of an authority held by the applicant,
(c) whether the applicant has previously held an authority that has been suspended or cancelled by the Secretary,
(d) the capacity of the applicant to comply with this Act and any prescribed standards,
(e) the capacity of the applicant to care for the animals,
(e1) any biosecurity risk (within the meaning of the Biosecurity Act 2015) that arises from keeping the animals, and the capacity of the applicant to prevent, eliminate or minimise that risk,
(f) whether the applicant has made a statement or furnished information in connection with the application that was, in the opinion of the Secretary, false or misleading in a material particular,
(g) whether the applicant is a fit and proper person to hold the authority,
(h) any other matter that the Secretary considers relevant.
(3B) The Secretary must refuse to grant an application for the issue of an authority to a person if—
(a) the person is disqualified from holding an authority under this Act, or
(b) the person is a corporation and any officer of the corporation is disqualified from holding an authority under this Act.
(4) Where the application has not been granted or refused—
(a) within the period of 60 days after the making of the application, or
(b) within such longer period as may be agreed between the Secretary and the applicant,
the application shall be deemed (for the purposes only of any review) to have been refused.
(5) Where the application is granted, a licence, an approval or a permit, as the case may require, shall be issued by the Secretary.
(6) Where the Secretary refuses to grant an authority, the Secretary shall, as soon as practicable after so refusing, cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant for the authority.
(7) In this section, an officer of a corporation means a director of the corporation or a person who is otherwise concerned in its management.
s 27: Am 1991 No 94, Sch 1; 2009 No 78, Sch 1 [1]–[3]; 2012 No 42, Sch 1.8; 2015 No 24, Sch 8.13 [1].
28
Terms and conditions
28 Terms and conditions
28 Terms and conditions
(1) An authority is subject to—
(a) the terms and conditions prescribed in respect of the authority,
(b) any terms and conditions specified in the authority when it is issued, and
(c) any terms and conditions imposed by the Secretary upon the authority in accordance with the regulations after it has been issued,
as may be varied from time to time in accordance with the regulations.
(2) Without limiting the generality of subsection (1) (b), an authority may specify the number of animals of a species that may be displayed at the premises the subject of the authority or by, or under the supervision of, the holder of the authority.
(3) The terms and conditions of an authority shall continue to have effect during any suspension, and after the expiration or cancellation of the authority, if—
(a) the terms and conditions relate to the care to be provided for the animal or animals to which the authority relates, and
(b) the terms and conditions are expressed to have that effect.
29
Duration
29 Duration
29 Duration
An authority shall remain in force for such period as is prescribed and may be renewed from time to time.
30
Suspension and cancellation
30 Suspension and cancellation
30 Suspension and cancellation
(1A) The Secretary must, by written notice served on the holder of an authority, cancel the authority if the holder is, after the commencement of this subsection, convicted of—
(a) an offence, in relation to an animal, against one of the following Acts—
(b) an offence, in relation to an animal, against an instrument made under an Act specified in paragraph (a), or
(c) an offence against the Crimes Act 1900, section 79, 79A, 79B, 80, 530 or 531.
(1) The Secretary may, by notice in writing served on the holder of an authority, suspend the authority for a period of not more than 60 days specified in the notice or cancel the authority at any time—
(b) if the holder fails to comply with any term or condition of the authority or of any other authority, being a term or condition applicable to the holder,
(c) in the case of a licence, if the holder fails to ensure that the licensed animal display establishment—
(i) conforms to, and
(ii) is conducted in accordance with,
the prescribed standards,
(d) if the authority was issued pursuant to a false or misleading document, statement or representation,
(e) if for any other reason the Secretary is of the opinion that the holder is not a fit and proper person to hold the authority,
(f) if the holder requests the suspension or cancellation of the authority, as the case may be, or
(g) if the authority was issued in error.
(2) Where an authority has been suspended, the Secretary shall return it to the former holder on the expiration of the period of suspension.
(3) Before suspending or cancelling a licence under subsection (1) (c) (i), the Secretary shall cause a notice to be served on the licensee specifying the works to be carried out to bring the premises to the prescribed standard and stating that unless the work is done within the time specified in the notice the licence will be suspended or cancelled.
(4) A licence shall not be suspended or cancelled under subsection (1) (c) (i) until the expiration of the time so specified.
s 30: Am 2017 No 25, Sch 1.15 [1]; 2022 No 69, Sch 2[1] [2]; 2025 No 67, Sch 2.5[1].
30A
Disqualification
30A Disqualification
30A Disqualification
(1) If the Secretary cancels a person’s authority under section 30(1A), the Secretary must, by written order served on the person, declare the person to be disqualified from holding an authority.
(2) If the Secretary cancels a person’s authority under section 30(1)(a)–(e), the Secretary may, by written order served on the person, declare the person to be disqualified from holding an authority.
(3) A person who is declared to be disqualified from holding an authority is disqualified from holding an authority under this Act during the disqualification period specified in the order.
(4) If the person who is the subject of the declaration is a corporation, any person who was an officer of the corporation at the time that the authority was cancelled is taken, unless the declaration otherwise provides, to also be disqualified from holding an authority under this Act during the disqualification period specified in the order.
(5) An order may specify a separate disqualification period for officers of the corporation or for particular officers of the corporation, or may provide that no disqualification period applies to officers of the corporation or to particular officers of the corporation.
(6) It is not necessary for the order to name individual officers of a corporation.
(7) A disqualification period specified in an order must not exceed 5 years from the date on which the relevant authority is cancelled.
(8) (Repealed)
(9) In this section, an officer of a corporation means a director of the corporation or a person who is otherwise concerned in its management.
s 30A: Ins 2009 No 78, Sch 1 [4]. Am 2022 No 69, Sch 2[3]–[5].
31
Offences relating to licences, approvals and permits
31 Offences relating to licences, approvals and permits
31 Offences relating to licences, approvals and permits
(1) A person shall not—
(a) by act or omission, contravene any of the terms or conditions of any authority issued under this Act or the regulations, or
(b) without reasonable excuse, fail to surrender upon the request of the Secretary or of an inspector an authority that has been suspended or cancelled under this Act or the regulations.
Maximum penalty—10 penalty units.
(2) A person shall not—
(a) falsely advertise or claim to hold an authority issued under this Act or the regulations,
(b) alter in any material respect any such authority or use any such authority so altered,
(c) produce or sign any such authority knowing it to be false in any material particular, or
(d) impersonate a person named in any such authority.
Maximum penalty (subsection (2)): 20 penalty units.
s 31: Am 1992 No 112, Sch 1.
31A
Prohibition on employing persons convicted of, or charged with, certain offences
31A Prohibition on employing persons convicted of, or charged with, certain offences
31A Prohibition on employing persons convicted of, or charged with, certain offences
(1) The holder of an authority must not knowingly cause or permit a prescribed person to work with, or care for, an animal exhibited under the authority.
Maximum penalty—
(a) for an individual—400 penalty units or imprisonment for 1 year, or both, or
(b) otherwise—2,000 penalty units.
(2) In this section—
prescribed person means—
(a) a person who has been convicted of a relevant offence, or
(b) a person who is charged with a relevant offence until one of the following events occurs—
(i) the charge is heard and determined by a court,
(ii) the charge is withdrawn,
(iii) a decision is made not to take or continue proceedings against the person.
relevant offence means—
(a) an offence under this Act or the regulations in relation to an animal, or
(b) an offence under the Crimes Act 1900, section 79, 79A, 79B, 80, 530 or 531, or
s 31A: Ins 2022 No 69, Sch 2[6]. Am 2025 No 67, Sch 2.5[2].
Division 5
Administrative reviews by Civil and Administrative Tribunal
Division 5 Administrative reviews by Civil and Administrative Tribunal
Division 5 Administrative reviews by Civil and Administrative Tribunal
pt 3, div 5, hdg: Subst 2009 No 78, Sch 1 [5]; 2013 No 95, Sch 2.55 [1].
pt 3, div 5: Subst 2009 No 78, Sch 1 [5].
32
Applications for administrative review by Civil and Administrative Tribunal
32 Applications for administrative review by Civil and Administrative Tribunal
32 Applications for administrative review by Civil and Administrative Tribunal
(1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of any of the following decisions—
(a) a decision to refuse an application by the person for the issue, renewal, variation or transfer of an authority,
(b) a decision to suspend or cancel an authority held by the person,
(c) a decision to impose a term or condition on an authority held by the person or vary any such term or condition (other than a term or condition prescribed by the regulations),
(d) a decision that results in the person being disqualified from holding an authority under this Act.
(2) If an application for an administrative review of a decision is made to the Tribunal under this section, the cancellation or expiry of the authority, the imposition or variation of the term or condition or the disqualification of the person (as the case may be) is stayed by lodgment of the application, pending its outcome. This subsection has effect despite the provisions of Division 2 of Part 3 of Chapter 3 of the Administrative Decisions Review Act 1997.
(3) In this section, authority means a licence, an approval or a permit.
s 32: Am 2007 No 94, Sch 2. Subst 2009 No 78, Sch 1 [5]. Am 2013 No 95, Sch 2.55 [2] [3].
33
33
33 (Repealed)
Part 4
Provisions relating to the exhibition of dolphins and whales
Part 4 Provisions relating to the exhibition of dolphins and whales
Part 4 Provisions relating to the exhibition of dolphins and whales
34
Definitions
34 Definitions
34 Definitions
In this Part—
cetacea display establishment means an animal display establishment used for the exhibition of captive dolphins or whales.
dolphin includes porpoise.
35
Issue of licences
35 Issue of licences
35 Issue of licences
The Secretary shall not issue—
(a) an approval for the erection of, or for the conversion of premises into, a cetacea display establishment, or
(b) a licence for a cetacea display establishment—
(i) so that there will be more than one such licence in force at any time, or
(ii) if the establishment was not in existence before the commencement of this Part,
without the approval of the Minister.
36
Limitation on dolphins and whales that may be exhibited
36 Limitation on dolphins and whales that may be exhibited
36 Limitation on dolphins and whales that may be exhibited
The Secretary may specify as a term of a licence that only those dolphins and whales kept in captivity, when this Part commences, at the premises the subject of the licence, and their progeny born in captivity at those premises, may be exhibited at those premises.
37
Bonds
37 Bonds
37 Bonds
(1) The Secretary may, as a condition of the issue of a licence for a cetacea display establishment, require that an amount of money, not exceeding the prescribed amount, be deposited with the Secretary by the holder of the licence or that the holder enter into other prescribed arrangements securing the payment of money to the Secretary.
(2) The Secretary may use money deposited with the Secretary by the holder of a licence for a cetacea display establishment or secured under other prescribed arrangements to pay any expense incurred by the Secretary in caring for, rehabilitating or returning to its natural environment any dolphin or whale—
(a) placed in the care of the Secretary by the holder of the licence, or
(b) cared for by the Secretary as a consequence of the failure of the holder of the licence to care for the dolphin or whale in accordance with this Act or the regulations or the terms and conditions of the licence.
(3) Money deposited under this section as a condition of the issue of a licence and not liable to be applied in accordance with subsection (2) shall be refunded when the licence ceases to have effect.
(4) (Repealed)
s 37: Am 1991 No 94, Sch 1.
Part 5
Inspectors
Part 5 Inspectors
Part 5 Inspectors
38
Appointment of inspectors
38 Appointment of inspectors
38 Appointment of inspectors
(1) The Secretary may appoint a Public Service employee to be an inspector for the purposes of this Act.
(2) The Minister may authorise in writing any person to exercise the functions of an inspector, subject to such restrictions (if any) as are specified in the authority.
(3) The Minister may amend or revoke an authority referred to in subsection (2).
(4) An inspector shall have, and may exercise, the functions conferred or imposed on inspectors by or under this Act.
s 38: Am 2015 No 58, Sch 3.33 [5].
39
Identification certificates
39 Identification certificates
39 Identification certificates
(1) The Secretary shall cause each inspector to be issued with a certificate of identification.
(2) A certificate of identification shall be in a form approved by the Secretary.
(3) In exercising in or on any premises any power conferred by section 40, an inspector shall, if required to do so by a person apparently for the time being in charge of those premises, produce to that person the inspector’s certificate of identification.
s 39: Am 1994 No 32, Sch 1.
40
Powers of inspectors
40 Powers of inspectors
40 Powers of inspectors
(1) For the purposes of this Act, an inspector may—
(a) except as provided by subsection (2), enter any premises which are a licensed animal display establishment or any other place (including land and a building, and a place on or in a vehicle or vessel) where the inspector believes, on reasonable grounds, that a provision of this Act or the regulations has been or is being contravened,
(b) with respect to any such premises or place, make such inquiries, investigations or searches as are necessary to ascertain whether the provisions of this Act and the regulations are being complied with,
(c) request a person to produce for examination by the inspector any licence, approval or permit issued to the person under this Act or the regulations, or alleged by the person to have been so issued, and any books, papers or records required to be kept or made under this Act or the regulations by the person,
(d) examine any article produced pursuant to paragraph (c) and make copies of or take extracts from any such article,
(e) examine any equipment or materials used or kept for use in relation to the exhibition of an animal found at any such premises or place,
(f) examine any animal found at any such premises or at the place,
(g) seize or detain any animal in respect of which the inspector suspects, on reasonable grounds, that an offence against this Act or the regulations has been committed,
(h) remove any animals seized under this Act, and any eggs of such animals, to such place as the inspector thinks fit, or cause them to be so removed,
(i) seize any books, papers or records in the possession of the occupier of any such premises, and within that person’s power to deliver up, relating to any such suspected offence,
(j) question any person in charge (within the meaning of section 22) of an animal found at any such premises or place and ask the person to answer any question put to the person in relation to the use of those premises or of that place,
(k) require a person referred to in paragraph (j) to state the person’s full name and residential address to the inspector and (if the inspector suspects, on reasonable grounds, that a name or address so stated is false) require the person to produce evidence of the correctness of the name or address so stated,
(l) when accompanied by a member of the police force, stop, detain and search any vehicle or vessel which is being used or which the inspector believes, on reasonable grounds, is being used for the carriage of animals in contravention of this Act or the regulations or the terms or conditions of any licence, approval or permit issued under this Act or the regulations,
(m) by order in writing, direct a person who has failed to comply with this Act or the regulations or with the terms or conditions of a licence, approval or permit issued under this Act or the regulations to take, within such time as is stated, specified action to correct those matters in respect of which the non-compliance has occurred,
(n) transport animals seized under this section to a place approved by the Secretary and obtain veterinary treatment for those animals, and
(o) employ such assistance or force as is necessary in the exercise of the functions conferred or imposed on the inspector by or under this Act.
(2) An inspector may not exercise the powers conferred by subsection (1) in relation to a dwelling except—
(a) with the permission of the occupier of the dwelling, or
(b) under the authority conferred by a search warrant issued under section 42.
(3) In exercising any power conferred by this section at any premises or place, an inspector shall, as far as practicable, avoid doing any act which is likely to impede the exhibition of animals being lawfully carried on at the premises or place.
(4) A book, paper or record seized from premises or a place by an inspector under subsection (1) shall not be retained beyond the day that next succeeds the day of its seizure unless the occupier of the premises or place from which it was seized is provided with a copy of the book, paper or record certified by that inspector as being a true copy of the book, paper or record so seized.
(5) A copy of a book, paper or record provided under subclause (4) is for all purposes of equal validity to the original.
s 40: Am 1992 No 34, Sch 1.
41
Care of seized animals
41 Care of seized animals
41 Care of seized animals
(1) Any animal seized under section 40 in connection with the commission of an offence may, with the approval of the Minister—
(a) be sold or otherwise disposed of,
(b) be condemned and destroyed,
(c) be placed in the care of the Secretary either indefinitely or for rehabilitation and return to its natural environment, or
(d) be returned to its natural environment.
(2) Animals seized under section 40 shall be returned to the person from whom they were seized or any other person who appears to the Minister to be their owner if they are not sold or otherwise disposed of, destroyed, placed in care or returned to their natural environment before the expiration of the prescribed period.
(3) No compensation is payable in respect of an animal seized or detained under section 40 or sold or otherwise disposed of, destroyed, placed in care or returned to its natural environment under this section.
(2) An inspector may apply to an authorised officer for the issue of a search warrant if the inspector has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened in any dwelling.
(3) An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an inspector named in the warrant, when accompanied by a member of the police force—
(a) to enter the dwelling, and
(b) to search the dwelling for evidence of a contravention of this Act or the regulations.
s 42: Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.32 [1]–[3].
43
Offences relating to inspectors
43 Offences relating to inspectors
43 Offences relating to inspectors
(1) A person shall not—
(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector, or a member authorised to accompany an inspector, in the exercise of the inspector’s or member’s functions under this Act,
(b) fail or refuse to comply with any direction given under this Act by an inspector,
(c) without reasonable excuse, fail or refuse to answer any question authorised under this Act to be put by an inspector or give a false or misleading answer to any such question,
(d) fail or refuse to render assistance or fail or refuse to furnish information required by or under this Act to be furnished or, in purporting so to furnish information, furnish information that is false or misleading in a material particular,
(e) fail or refuse without reasonable excuse, proof of which shall lie upon the person—
(i) to produce for examination at the request of an inspector any licence, approval or permit issued to the person under this Act or the regulations, or
(ii) to produce for examination at the request of an inspector any book, paper or record required to be kept or made by the person by or under this Act,
or fail or refuse to allow an inspector to make a copy of or take an extract from any such licence, approval, permit, book, paper or record so produced,
(f) prevent, or attempt to prevent, a person from appearing before or being questioned by an inspector, or
(g) impersonate an inspector.
Maximum penalty—20 penalty units.
(2) A person is not guilty of an offence against this Act because of a failure or refusal referred to in subsection (1) unless it is established that the inspector concerned—
(a) identified himself or herself as an inspector to the person, and
(b) warned the person that the failure or refusal, as the case may be, is an offence.
ss 43–45: Am 1992 No 112, Sch 1.
Part 6
Supplementary
Part 6 Supplementary
Part 6 Supplementary
44
False or misleading information
44 False or misleading information
44 False or misleading information
A person shall not, in or in relation to any application under this Act or in purported compliance with any requirement under this Act, make any statement or furnish any information that is false or misleading in a material particular.
Maximum penalty—20 penalty units.
ss 43–45: Am 1992 No 112, Sch 1.
45
Disclosure of information
45 Disclosure of information
45 Disclosure of information
A person shall not disclose any information obtained in connection with the administration or execution of this Act unless that disclosure is made—
(a) with the consent of the person from whom the information was obtained,
(b) in connection with the administration or execution of this Act,
(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty—20 penalty units.
ss 43–45: Am 1992 No 112, Sch 1.
46
Proceedings for offences
46 Proceedings for offences
46 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.
(2) Any such proceedings must be commenced not later than 2 years from when the offence was alleged to have been committed.
s 46: Am 2001 No 121, Sch 2.106; 2007 No 94, Sch 2; 2008 No 33, Sch 2.3.
46A
Penalty notices
46A Penalty notices
46A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6) In this section, authorised officer means—
(a) an inspector (other than a member who is deemed to be an inspector under section 9 (2)), or
(b) a person of a class prescribed by the regulations as a class of persons who may issue penalty notices under this section.
s 46A: Ins 2005 No 98, Sch 1.7. Subst 2017 No 22, Sch 3.21.
47
Offences by corporations
47 Offences by corporations
47 Offences by corporations
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or a regulation, each person who is a director of the corporation or who is concerned in the management of the corporation shall be deemed to have contravened the same provision if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.
(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
48
Recovery of charges etc
48 Recovery of charges etc
48 Recovery of charges etc
Any charge, fee or other money due to the Secretary under this Act or the regulations or the terms and conditions of a licence, an approval or a permit issued under this Act or the regulations may be recovered as a debt due to the Crown in a court of competent jurisdiction.
s 48: Am 1991 No 94, Sch 1; 1994 No 32, Sch 1.
49
Evidentiary certificates
49 Evidentiary certificates
49 Evidentiary certificates
A certificate that is signed by a person authorised in writing by the Secretary for the purposes of this section and that certifies that on a specified date or during a specified period—
(a) a specified person was or was not an inspector,
(b) specified premises were or were not a licensed animal display establishment,
(c) a specified person was or was not the holder of a licence, an approval or a permit issued under this Act or the regulations and specified or described in the certificate, or
(d) the provisions of any such licence, approval or permit were or were not in specified terms,
is admissible in any proceedings under this Act and is evidence of the fact or facts so certified.
49A
Delegation
49A Delegation
49A Delegation
The Secretary may delegate the exercise of any function of the Secretary under this Act (other than this power of delegation) to any person employed in the Department.
s 49A: Ins 2004 No 91, Sch 1.10 [3]. Am 2015 No 58, Sch 3.33 [6].
50
Liability
50 Liability
50 Liability
A person is not personally liable for anything done or omitted to be done by the person in good faith in the exercise of the functions conferred or imposed on the person by or under this Act.
51
Service of notices
51 Service of notices
51 Service of notices
A notice that the Secretary is required or permitted, by or under this Act, to cause to be served on a person may be served—
(a) personally, or
(b) by means of a letter addressed to the person at the person’s address last known to the Secretary, or
(c) by electronic transmission to an address or location specified by the person for the service of notices of that kind, or
(d) by any other method authorised by the regulations for the service of notices of that kind.
s 51: Subst 2017 No 25, Sch 1.15 [2]. Am 2022 No 59, Sch 1.13.
52
Refund
52 Refund
52 Refund
(1) Where a licence, an approval or a permit is cancelled upon the request of the holder of the licence, approval or permit or as a result of its having been issued in error, a refund of the fee paid shall, upon application to the Secretary, be made to the former holder of the licence, approval or permit.
(2) The amount of a refund made under subsection (1) shall be the same proportion of the fee paid as the proportion that the number of unexpired months for which the licence, approval or permit was issued bears to the total number of months for which it was issued.
53
Regulations
53 Regulations
53 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the qualifications and functions of inspectors,
(b) the procedures to be followed by the Secretary and advisory committee in relation to the investigation of applications made to the Secretary or referred to the advisory committee under this Act,
(c) the records to be kept for the purposes of this Act,
(d) the forms to be used under this Act or the regulations,
(e) the fees and other charges which may be imposed under this Act or the regulations,
(f) the issue, duration, transfer, renewal, cancellation and suspension of licences, approvals and permits under this Act or the regulations,
(g) the terms and conditions of any such licence, approval or permit, and the variation of any such terms and conditions,
(h) the exhibition of animals and the care of animals for which the holders of any such licences, approvals or permits are responsible,
(i) (Repealed)
(j) the identification of animals at licensed animal display establishments, or for which holders of approvals or permits are responsible,
(k) the submission of itineraries and other returns with respect to circuses and other public entertainments involving the exhibition of animals,
(l) bonds and other arrangements for the purposes of section 37,
(m) without limiting the generality of paragraph (l), the deposit of, and payment of interest on, money deposited as a bond or paid under other arrangements for the purposes of section 37, and
(n) the rehabilitation, return to their natural environment or escape of animals.
(2) A provision of a regulation may—
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,
or may do any combination of those things.
(3) A regulation may adopt wholly or partially or by reference any guideline or similar published document setting standards for the care of animals in captivity which is recommended or adopted by—
(a) the Australian National Parks and Wildlife Service,
(b) the National Parks and Wildlife Service, or
(c) any similar body,
relating to the matter with which the regulation deals.
(4) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units or imprisonment for 3 months, or both.
(5) A provision of a regulation which relates to the acquisition, disposal or removal of animals may extend the meaning of the word “animal” when used in any such regulation to include the eggs, sperm, embryos and other reproductive material of animals.
s 53: Am 1992 No 34, Sch 1; 1992 No 112, Sch 1; 1996 No 11, Sch 1 [2].
54
Relationship to other Acts etc
54 Relationship to other Acts etc
54 Relationship to other Acts etc
Schedule 4 has effect.
55
55
55 (Repealed)
Schedule 1
Provisions relating to the members of the advisory committee
Schedule 1 Provisions relating to the members of the advisory committee
Schedule 1 Provisions relating to the members of the advisory committee
(Section 6 (6))
sch 1: Am 1990 No 46, Sch 1; 1996 No 11, Sch 1 [4]; 2009 No 49, Sch 2.25; 2015 No 58, Sch 3.33 [7]; 2026 No 2, Sch 2.7.
Schedule 2
Provisions relating to the procedure of the advisory committee
Schedule 2 Provisions relating to the procedure of the advisory committee
Schedule 2 Provisions relating to the procedure of the advisory committee
(Section 6 (7))
Schedule 3
Standards
Schedule 3 Standards
Schedule 3 Standards
(Sections 14, 25)
sch 3, hdg: Subst 2020 No 30, Sch 1.15[5].
Schedule 4
Relationship to other Acts etc
Schedule 4 Relationship to other Acts etc
Schedule 4 Relationship to other Acts etc
(Section 54)
sch 4: Am 1987 No 166, sec 31; 2015 No 24, Sch 8.13 [2].
Schedule 5
Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
sch 5: Ins 1996 No 11, Sch 1 [5]. Subst 2009 No 78, Sch 1 [7].
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act may be cited as the Exhibited Animals Protection Act 1986.
2 Commencement
2 Commencement
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.
(2) Except as provided by subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor and notified by proclamation published in the Gazette.
3 Application of Act
3 Application of Act
3 Application of Act
(1) This Act binds the Crown.
(2) Nothing in this Act affects the operation of the Prevention of Cruelty to Animals Act 1979 or any regulation made under that Act.
4 Exemptions
4 Exemptions
4 Exemptions
(1) The Governor may by regulation—
(a) exempt, to the extent prescribed, any specified person or premises or persons or premises of a specified class from the operation of this Act, and
(b) exempt, in prescribed circumstances, any specified person or premises or persons or premises of any specified class from any requirement made by or under this Act,
either unconditionally or subject to conditions.
(2) Where an exemption is given subject to conditions, the exemption does not have effect while any of the conditions is not being complied with.
(3) Regulations made for the purposes of this section may provide that any failure to comply with a condition prescribed in relation to an exemption is an offence under the regulations.
5 Definitions
5 Definitions
5 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
Provides for administrative enforcement: suspension, cancellation and mandatory cancellation for certain convictions, disqualification periods for holders and officers, and a list of factors the Secretary may consider when granting authorities (ss 27, 30, 30A).
Creates criminal and regulatory offences and penalties (eg unauthorised use of premises, failure to obtain approvals, false or misleading information) and enables penalty notices to be issued (ss 12, 18, 44, 31, 46A).
Contains special provisions for cetacea (dolphins and whales): Ministerial approval required before issuing approvals for cetacea display establishments, Secretary power to restrict exhibited animals to those already in captivity and their progeny, and power to require bonds to fund rehabilitation or care (Part 4, ss 34-37).
Allows the Governor to make exemptions and the Governor-in-Council to make regulations covering qualification of inspectors, forms, fees, terms and conditions, and adoption by reference of external guidelines (ss 4, 53).
The statutory text frames the advisory committee’s functions as promoting co‑ordinated policy and monitoring the licensing scheme (s 8). Those are claims of purpose made by the Act; implementation is primarily driven by administrative powers vested in the Secretary and by delegated rule‑making authority. The Secretary grants, refuses, varies, suspends and cancels authorities; the Minister appoints the advisory committee and must approve certain cetacea licences (ss 6, 15, 27, 30, 35). The Act therefore moves decision‑making and enforcement risk from market actors to administrative officials (the Secretary and authorised inspectors) while leaving many detailed requirements to regulation and standards (s 53). The rest of this note explains main concepts, who pays, what decisions are delegated, compliance burdens, enforcement mechanics and practical compliance steps with section references so practitioners can map law to operations.
Main concepts
The Act builds around a small set of statutory concepts that structure rights, duties and enforcement.
Authority: the Act uses the umbrella term “authority” to mean any licence, approval or permit issued under Part 3 (s 26). Authorities are the legal permissions that enable premises or persons to exhibit animals. Each instrument has its own issuance conditions, duration and terms (ss 15, 23-25, 29).
Animal and species breadth: “animal” is defined as a vertebrate and expressly includes mammals, birds, reptiles, amphibians and fish, but excludes human beings (s 5(1)). “Species” is broad (includes order, class and description), and a regulation may extend the meaning of “animal” within regulations to include reproductive material (s 53(5)).
Classes of establishments and standards: The Act contemplates that the regulations will prescribe classes of animal display establishments (s 13) and standards for facilities and conduct (s 14). Schedule 3 lists matters that standards may address (housing, hygiene, nutrition, records, disposal, education, public safety).
Licence as site authorisation and terms: A licence authorises use of particular premises as a display establishment of the specified class, and only when used in accordance with licence terms and conditions (ss 16-17). Authorities are subject to prescribed terms, terms specified in the authority and terms imposed by the Secretary under regulations (s 28(1)).
Secretary and Minister roles: The Secretary is the central administrative decision‑maker for licensing, approvals, permits and enforcement actions (s 15, ss 18-19, 27, 30). The Minister appoints the advisory committee and controls its functions (s 6(2)(c)) and must approve issuance of certain cetacea approvals or licences (s 35).
Advisory committee: Constituted by the Act and tasked with advising the Secretary and monitoring the licensing scheme (s 6, 8). The Committee is appointed by the Minister and its membership mixes Ministerial appointees and nominations from other agencies and representative bodies (s 6(3)-(4)). The Committee can request inspections (s 9) and may authorise a member to accompany inspectors who then have status as inspectors for the inspection (s 9(2)).
Inspectors and enforcement powers: Inspectors are Public Service appointees or persons authorised by the Minister (s 38). Inspectors hold certificates of ID (s 39) and have broad entry, examination, seizure, removal and direction powers (s 40). They must generally avoid impeding lawful exhibitions (s 40(3)) and require warrants to enter dwellings unless occupier consent is given (s 40(2), s 42).
Administrative review and stays: Decisions to refuse, suspend or cancel authorities, or to vary terms, are reviewable by the Civil and Administrative Tribunal under the Administrative Decisions Review Act and lodging an application stays cancellation (s 32).
Special cetacea regime: The Act treats dolphins and whales separately. The Secretary may limit licences to animals already in captivity and their progeny (s 36) and may require bonds to secure funds for care, rehabilitation or return to natural environment (s 37).
Interaction with other animal law: The Act expressly binds the Crown (s 3(1)), does not affect operation of the Prevention of Cruelty to Animals Act (s 3(2)), and Schedule 4 sets out how the Act operates alongside other Acts including precedence rules and exemptions for holders of its authorities (Schedule 4).
Key drafting features to note: the Act delegates detail to regulations (s 53), authorises adoption by reference of external published guidelines (s 53(3)), and contains deemed and evidentiary provisions (eg s 49 certificates, s 47 deeming for corporate officers). These devices concentrate discretion in the Secretary and the regulators and create a hybrid of statute and regulatory standards.
Who it affects
The Act alters legal status and operational obligations for a range of persons and entities. Who pays, who decides and who changes behaviour are laid out in the text.
Occupiers of premises used for exhibition: An occupier of prescribed premises who uses the premises as an animal display establishment must hold a licence. A failure to have a licence is an offence punishable by a penalty and potentially imprisonment (s 12). “Occupier” expressly includes managers, lessees and, where premises are licensed, the licensee (s 5(1) definition).
Licensees and holders of authorities: Licensees bear ongoing compliance obligations. Licences may contain terms limiting numbers or species of animals (s 28(2)), and terms concerning care can remain effective during suspension or after cancellation to govern ongoing animal care (s 28(3)). Licensees pay prescribed fees, must keep records required by regulations and have particulars recorded in the register (ss 27(1), 20, Schedule 3(4)).
Persons exhibiting animals: Individuals or operators who exhibit animals in temporary/movable structures, or in educational settings, must hold approvals authorising exhibition or be supervised by a holder (s 22). Those exhibiting prescribed species must hold permits (s 24).
Applicants and prospective builders/converters: Persons seeking to erect or convert premises into a display establishment need Secretary approval before doing so (s 18), and a licence will follow only if standards are met (s 18(3)-(4), s 15).
Staff and workers: Holders of authorities must not knowingly cause or permit a “prescribed person” , someone convicted of or charged with relevant offences , to work with exhibited animals (s 31A). The provision distinguishes individuals from other entities and attaches substantial penalties for breaches.
Corporations and officers: Corporations may be prosecuted for contraventions of the Act; persons who are directors or concerned in management are deemed to have contravened if they knowingly authorised or permitted the contravention (s 47). If a corporate licence is cancelled, its officers can be declared disqualified from holding authorities (s 30A(4)-(5)).
Secretary and Minister: Decision‑makers in the scheme. The Secretary grants/refuses/varies/suspends/cancels authorities and keeps the register (ss 15, 18, 27, 30, 20). The Minister appoints the advisory committee and must approve certain cetacea licences or approvals (s 6; s 35).
Inspectors and authorised officers: Inspectors (Public Service employees or persons authorised by the Minister) exercise investigatory and enforcement powers including entry, seizure, detention, transport and veterinary treatment of seized animals (ss 38-41). “Authorised officer” for search warrants is defined by the Law Enforcement (Powers and Responsibilities) Act (s 42(1)).
The Crown and other agencies: The Act binds the Crown (s 3(1)), and the advisory committee’s role explicitly includes promoting co‑ordination between the Secretary and other departments administering animal legislation (s 8(a)). Schedule 4 addresses interactions with other Acts and states that, generally, provisions under other Acts relating to exhibition must be observed in addition to this Act (Schedule 4 cl 1), while giving this Act precedence over inconsistent provisions from other Acts (Schedule 4 cl 3, with specified exceptions).
Public and third parties: The Secretary may require bonds and may use deposited funds to pay expenses of caring for or rehabilitating animals where holders have failed in their obligations (s 37). The public may inspect the advisory committee’s disclosure book about members’ interests (Schedule 1 cl 7(3)).
Financial effects and who pays: Applicants pay prescribed fees for applications, transfers and certificates (ss 27(1), 21). Cetacea licences can be conditioned on deposit of bonds up to prescribed amounts (s 37). Charges and fees due to the Secretary are recoverable as a debt to the Crown (s 48). Where an animal is seized and sold or disposed of under s 41, the Act states explicitly that no compensation is payable (s 41(3)), shifting financial risk away from the Crown to the holder/occupier.
Behavioural change expected: premises will seek licences and approvals, restructure staffing and HR checks to avoid employing prescribed persons (s 31A), change construction or renovation plans to obtain Secretary approvals (ss 18-19), adopt record‑keeping and animal husbandry systems to meet standards (s 14; Schedule 3), secure bonding where cetacea are exhibited (s 37), and prepare for inspection, seizure and remedial directions from inspectors (s 40(1)(m)).
Key duties and rights
This section summarises the principal legal duties imposed by the Act and the rights available to regulated parties.
Principal duties
Licence, approval and permit requirements: Occupiers must not use prescribed premises as an animal display establishment without a licence (s 12). Persons exhibiting animals in temporary/movable contexts or education settings require approvals (s 22) and prescribed species require permits (s 24). Erecting or converting premises for display requires prior Secretary approval (s 18); altering or extending licensed premises requires prior Secretary approval (s 19).
Compliance with standards and licence terms: Licences and permits only issue if the Secretary is satisfied the establishment will conform to prescribed standards (ss 15, 18(3), 25(1)). Authorities are subject to prescribed terms and conditions, terms specified in the authority and terms imposed by the Secretary under regulations (s 28(1)). Failure to observe terms is an offence (s 31(1)(a)).
Record keeping and registration: The Secretary keeps a register containing specified particulars of each licensed establishment (s 20). Licensees must provide registered particulars and may be required by regulation to keep records described in Schedule 3 including breeding, health, welfare, movement and disposal records (s 14(2); Schedule 3(4)).
Responding to inspector directions: Inspectors may issue written directions requiring corrective action to remedy non‑compliance within a stated time (s 40(1)(m)). Licensees must comply with such directions or face suspension/cancellation (s 30(1)(b), s 43).
Employment restrictions: Holders must not knowingly cause or permit prescribed persons (convicted or charged with relevant offences) to work with exhibited animals (s 31A). The penalty is substantial, up to 400 penalty units or imprisonment for individuals and up to 2,000 penalty units for others.
Truthful information and disclosure: Applicants and those dealing under the Act must not furnish false or misleading information in applications or compliance settings (s 44). False advertising or false claims of authority are offences (s 31(2)(a)).
Rights and administrative protections
Notice and opportunity before suspension for standards non‑compliance: Before suspending or cancelling a licence for not meeting prescribed standards, the Secretary must serve a notice specifying works to be carried out and allow the licensee time to remedy (s 30(3)-(4)).
Register and certificates: Applicants have a right to obtain a copy of registered particulars on payment of the prescribed fee and the Secretary must provide a certificate in a form approved by the Secretary (s 21).
Administrative review: Decisions refusing to grant, renewing, varying or transferring an authority, suspending or cancelling an authority, imposing or varying terms, or that result in a person being disqualified are reviewable by the Civil and Administrative Tribunal under the Administrative Decisions Review Act (s 32(1)). Lodging a review application stays cancellation or expiry pending outcome (s 32(2)).
Delegation: The Secretary may delegate functions under the Act to Department employees (s 49A), but not the power of delegation itself. The advisory committee may also delegate its functions (s 11).
Evidentiary certificates and process safeguards: Certificates signed by authorised persons are admissible as evidence in proceedings (s 49). Inspectors must produce identification and produce their certificate on request when exercising powers at premises (s 39(3)). For offences related to failure to comply with inspectors, the Act requires the inspector to have identified themselves and warned the person (s 43(2)).
Limits on compensation: There is no entitlement to compensation for animals seized or detained and then sold, destroyed or placed in care (s 41(3)). That is a specific statutory limit on remedies.
Delegated standard‑setting and regulatory powers (impact on duties/rights)
Regulations may prescribe qualifications of inspectors, fees, forms, procedures for applications, standards, identification requirements, bonds and the terms and conditions of authorities (s 53). Regulations can adopt external guidelines (eg from national park services) by reference (s 53(3)). This means duties are partly defined by delegated instruments.
Exemptions: The Governor may, by regulation, exempt persons or premises, or classes thereof, from the Act or from particular requirements, either unconditionally or subject to conditions; regulations may create offences for breach of exemption conditions (s 4).
Key practical note: many duties depend on standards and regulations which the Act leaves to subordinate instruments. Practitioners must consult the regulations and any prescribed standards to determine the full scope of duties and the precise content of licence conditions.
Penalties and enforcement
This Act provides criminal and administrative sanctions, a detailed set of inspector powers, and procedural routes for enforcement and review.
Penalties and offences (selected)
Unauthorised use of premises as an animal display establishment: maximum 20 penalty units and/or 6 months imprisonment (s 12(1)).
Erection or conversion of premises without Secretary approval: maximum 20 penalty units and/or 6 months imprisonment (s 18(1)).
Alteration or extension of licensed animal display establishment without Secretary approval: same maximum penalty (s 19).
Contravention of terms or conditions of an authority, failure to surrender suspended/cancelled authority, and refusal to comply with direction: maximum 10 penalty units for paragraph (1) offences, and 20 penalty units for false advertising etc (s 31).
False or misleading statements in applications or compliance: maximum 20 penalty units (s 44).
Offences against inspectors (assault, obstruction, refusal to comply, false answers, refusing to produce documents): maximum 20 penalty units (s 43(1)).
Employment prohibition (s 31A): extremely high penalties. For an individual , up to 400 penalty units or imprisonment for 1 year or both; otherwise (eg corporate) up to 2,000 penalty units.
Regulations may create offences up to 10 penalty units and/or 3 months imprisonment (s 53(4)).
Proceedings are summary in the Local Court and have a 2 year limitation for commencement (s 46(1)-(2)).
Administrative enforcement measures
Suspension and cancellation: The Secretary may suspend an authority for up to 60 days or cancel at any time for a range of reasons including offences, failure to comply with terms, failure to meet prescribed standards or where the authority was issued pursuant to false information (s 30(1)). Specific mandatory cancellation follows certain animal‑related convictions (s 30(1A)). Before suspension or cancellation for standards non‑compliance, the Secretary must issue a remedial notice allowing time to remedy (s 30(3)-(4)).
Disqualification: Where cancellation occurs under s 30(1A) the Secretary must declare the holder disqualified from holding an authority; the Secretary may declare disqualification in other cases (s 30A(1)-(2)). Disqualification periods must not exceed 5 years (s 30A(7)). If the subject is a corporation, officers of the corporation may be declared disqualified (s 30A(4)-(6)).
Bonds for cetacea: The Secretary may require a bond as a condition of a cetacea licence and may apply deposited funds to pay expenses of care, rehabilitation or return to the natural environment where holders have failed in obligations (s 37).
Seizure, detention and disposition of animals: Inspectors may seize animals suspected to be connected with an offence, remove and transport them, and place them in care, sell, dispose, destroy or return them to the wild with Ministerial approval (ss 40(1)(g)-(h), 41(1)). The Act states that no compensation is payable for animals seized and dealt with under s 41 (s 41(3)).
Directions and remedial orders: Inspectors may issue written directions requiring specified corrective action within a specified time (s 40(1)(m)).
Penalty notices: Authorised officers may issue penalty notices for prescribed penalty notice offences; the Fines Act applies and the prescribed amount cannot exceed court maximums (s 46A).
Inspector powers (practical detail)
Entry and search: Inspectors may enter licensed establishments and other places where they reasonably believe contraventions are occurring; they may inspect animals, equipment, books and records, and may seize relevant items (s 40(1)(a)-(i)). Entry to dwellings requires occupier consent or a search warrant (s 40(2)).
Search warrants and procedural protections: Inspectors may apply to an authorised officer to obtain search warrants for dwellings where they have reasonable grounds; warrants authorise entry accompanied by police and Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act applies (s 42).
Limits on retention of seized documents: Books, papers or records seized must not be retained beyond the day after seizure unless the occupier is provided with a certified true copy of the seized item; certified copies are equal in validity to originals (s 40(4)-(5)).
Use of force and assistance: Inspectors may employ assistance or force necessary to exercise functions (s 40(1)(o)) and may obtain veterinary treatment for seized animals taken to Secretary‑approved places (s 40(1)(n)).
Enforcement procedure and review
Summary jurisdiction: Offences under the Act are dealt with summarily in the Local Court and have a two year time limit for commencement (s 46).
Administrative review: Decisions refusing authorities, suspending/cancelling authorities, imposing or varying non‑prescribed terms, and disqualification decisions are reviewable by the Civil and Administrative Tribunal (s 32). Lodging an application stays cancellation/expiry pending the Tribunal outcome (s 32(2)).
Evidentials: The Act provides for admissibility of certificates from authorised persons as evidence as to inspector status, licensed premises, holders, and licence terms (s 49).
Practical enforcement risk highlights
The Secretary has broad discretionary grounds for refusing, suspending or cancelling authorities (s 27(3A) lists numerous considerations) and can impose terms on authorities at issue or thereafter via regulations (s 28). That centralised discretion, paired with strong inspector powers and the absence of compensation for seized animals (s 41(3)), concentrates enforcement risk on holders and occupiers while providing administrative remedies via Tribunal review (s 32).
How it interacts with other laws
The Act explicitly addresses relationships with other animal and administrative laws and leaves certain areas to be governed in addition to, or in priority to, other statutes.
Express non‑derogation and binding the Crown
The Act binds the Crown (s 3(1)). It also expressly preserves the operation of the Prevention of Cruelty to Animals Act 1979 and its regulations (s 3(2)). That provision prevents this Act from displacing animal cruelty rules.
Schedule 4: interplay and precedence
Additional compliance alongside other Acts: Schedule 4 clause 1 requires provisions made by other Acts relating to exhibition of animals to be observed in addition to this Act and its regulations, except where clause 2 applies. The text specifies no double punishment for the same offence (Schedule 4 cl 1).
Licence as a defence under certain Acts: Schedule 4 clause 2 exempts the holder of a licence, approval or permit under this Act from liability under section 107 of the National Parks and Wildlife Act 1974, and from any prescribed provision of another Act or instrument, when exhibiting an animal under authority conferred by this Act. In short, holding an authority under this Act operates as an authorised activity in certain contexts identified in Schedule 4 cl 2.
Inconsistent provisions: Where another Act contains a provision relating to exhibition that is inconsistent with this Act or its regulations, this Act or the regulation prevails, except for the Prevention of Cruelty to Animals Act 1979 and the Biosecurity Act 2015 which are excluded from that supremacy clause (Schedule 4 cl 3).
Specific cross‑references to other Acts within the text
s 27(3A) permits the Secretary to consider convictions or offences under a range of Acts involved with animal regulation: the Prevention of Cruelty to Animals Act 1979, the Animal Research Act 1985, the National Parks and Wildlife Act 1974, the Biodiversity Conservation Act 2016, instruments under those Acts, and corresponding laws of other jurisdictions. The Secretary may also consider biosecurity risk under the Biosecurity Act 2015 when assessing applications (s 27(3A)(e1)).
s 42 references the Law Enforcement (Powers and Responsibilities) Act 2002 for the definition of authorised officer and applies that Act’s search warrant Division 4 of Part 5 to warrants issued under this Act.
s 53(3) allows regulations to adopt by reference guidelines or published documents recommended by the Australian National Parks and Wildlife Service or similar bodies. This provides an administrative conduit for external standards to have regulatory effect.
Administrative review and remedies
Administrative review by the Civil and Administrative Tribunal is provided under s 32, which links to the Administrative Decisions Review Act 1997. That provides a statutory route for reviewing discretionary decisions under this Act.
Regulatory dependency and enforcement overlap
The Act leaves substantial detail , classes, standards, fees, prescribed species , to regulation (s 13, s 14, s 53). Because regulations may adopt external guidelines, and because other Acts regulate animal welfare, biosecurity and biodiversity, practitioners must read this Act alongside the regulations and relevant statutes (eg Prevention of Cruelty to Animals Act, Biosecurity Act) to determine the full legal position.
Practical consequence
Holding a licence under this Act can operate as a protective legal authorisation in some circumstances against other statutory prohibitions (Schedule 4 cl 2), while other acts, notably the Prevention of Cruelty to Animals Act and the Biosecurity Act, continue to apply. The Secretary’s ability to consider matters under other Acts when making licensing decisions (s 27(3A)) creates an integrated administrative assessment. Regulators and practitioners must therefore map obligations across multiple regimes rather than treating this Act in isolation.
Amendment history
The Act includes amendment annotations in the provided text. The following lists the amendments reflected in the statutory text supplied; these are the only amendment details available in the source.
Notable amendments to named sections (as shown in the text)
s 5 (Definitions): Amended variously by 1988 No 131 Sch 8; 1991 No 94 Sch 1; 2004 No 91 Sch 1.10 [1] [2]; 2010 No 59 Sch 2.28; 2015 No 58 Sch 3.33 [2]; 2020 No 30 Schs 1.15[1], 3.10. The definition provision lists a series of amendment notes showing repeated modification to definitional text over time.
s 6 (Advisory committee): Amended 1994 No 32 Sch 1.
s 7 (Staff of advisory committee): Amended 2015 No 58 Sch 3.33 [3] [4]; 2024 No 35 Sch 3.6.
s 12 (Licence required): Amended 1992 No 112 Sch 1; 1996 No 11 Sch 1 [1].
s 15, s 18, s 19: s 18 annotated Am 1992 No 112 Sch 1.
s 20: Amending annotations not explicit beyond being part of Pt 3 changes but register provisions remain.
s 21: Am 1994 No 32 Sch 1.
s 22: Am 1992 No 112 Sch 1; 1995 No 16 Sch 1.
s 25: Amended 2020 No 30 Sch 1.15[3] [4].
s 27: Amended 1991 No 94 Sch 1; 2009 No 78 Sch 1 [1]-[3]; 2012 No 42 Sch 1.8; 2015 No 24 Sch 8.13 [1].
s 30: Amended by 2017 No 25 Sch 1.15 [1]; 2022 No 69 Sch 2[1] [2]; 2025 No 67 Sch 2.5[1].
s 30A: Inserted 2009 No 78 Sch 1 [4], and amended 2022 No 69 Sch 2[3]-[5].
s 31: Amended 1992 No 112 Sch 1.
s 31A: Inserted 2022 No 69 Sch 2[6]; amended 2025 No 67 Sch 2.5[2].
Div 5 (administrative reviews): Part 3 Div 5 substituted 2009 No 78 Sch 1[5]; further substitution notes for 2013 No 95 Sch 2.55 [1].
s 32: Amended 2007 No 94 Sch 2; substituted 2009 No 78 Sch 1[5]; amended 2013 No 95 Sch 2.55 [2] [3].
Various inspector and enforcement amendments: s 40 amended 1992 No 34 Sch 1.
s 41: Amended 1991 No 94 Sch 1.
s 42: Amended 1991 No 92 Sch 2; 2002 No 103 Sch 4.32 [1]-[3].
s 43-45: Amended 1992 No 112 Sch 1.
s 46: Amended 2001 No 121 Sch 2.106; 2007 No 94 Sch 2; 2008 No 33 Sch 2.3.
s 46A: Inserted 2005 No 98 Sch 1.7; substituted 2017 No 22 Sch 3.21.
s 47: No specific amendment note beyond inclusion; appears in original text.
s 49A: Inserted 2004 No 91 Sch 1.10 [3]; amended 2015 No 58 Sch 3.33 [6].
Schedule 1: Amended 1990 No 46 Sch 1; 1996 No 11 Sch 1 [4]; 2009 No 49 Sch 2.25; 2015 No 58 Sch 3.33 [7]; 2026 No 2 Sch 2.7 (note 2026 appears in the supplied text but is an annotation present in Schedule 1 heading).
Schedule 3 heading: Substituted 2020 No 30 Sch 1.15[5].
Schedule 5: Inserted 1996 No 11 Sch 1 [5]; substituted 2009 No 78 Sch 1 [7].
Other amendment notes present in the text include specific “Ins” (inserted) and “Subst” (substituted) markers for many clauses, indicating multiple legislative changes over time. The citations embedded in the sections are the only amendment history available in the source provided.
What the amendment notes show functionally
Periodic updates: The Act has been updated at multiple times across decades, with insertions of new protections (for example s 30A and s 31A reflect later additions) and procedural changes (eg administrative review provisions in Div 5). The appearance of modern provisions such as biosecurity considerations (s 27(3A)(e1) referencing the Biosecurity Act 2015) shows subsequent adaptation to evolving statutory frameworks.
Delegation and administrative structure changes: Insertion of s 49A (delegation by Secretary) and amendments to inspector appointment and authorisation provisions indicate administrative restructuring over time.
Practitioners should consult the current consolidated version of the Act and the legislative amendment history on the official statutory database for precise dates and amendment texts beyond the summary notes available here.
Litigation history
The text provided does not include any judicial decisions or case law. There are no cases named in the statutory material supplied. The Act itself, however, builds in multiple mechanisms that are likely to generate administrative and perhaps judicial proceedings; the Act specifies the forums and procedural paths as follows.
Administrative review and tribunal jurisdiction
The Act expressly provides a right to administrative review by the Civil and Administrative Tribunal for refusals of applications for issue, renewal, variation or transfer of an authority, suspensions/cancellations, imposition or variation of non‑prescribed terms and conditions, and decisions resulting in disqualification (s 32(1)). The Administrative Decisions Review Act 1997 is the statutory vehicle referenced for review matters, and s 32(2) provides for a stay on cancellation or expiry on lodgment of an application.
Division 5 of Part 3 was substituted by later legislation and applies to decisions made on or after that substitution; earlier decisions remain subject to the previous Div 5 rules (Schedule 5 Part 2, cl 2). This means review rights and procedural rules have changed historically, which could affect transitional litigation.
Criminal and summary processes
The Act provides that offences are dealt with summarily in the Local Court and must be commenced within two years (s 46). Therefore, prosecutions for offences under the Act appear in local courts as summary proceedings.
Penalty notices and fines
The Act authorises authorised officers to issue penalty notices for offences prescribed by regulations (s 46A). The Fines Act applies to those notices. That administrative enforcement pathway avoids court proceedings where a person pays the penalty, while keeping the option of court proceedings if contested.
Potential litigation themes (derived from statutory design)
Although the source contains no case law, the provisions imply likely disputes that could reach tribunal or court:
Judicial review or merits review of Secretary decisions refusing, suspending or cancelling authorities (s 27, s 30; s 32 provides Tribunal review).
Challenges to inspector warrants, searches, seizures or the validity of seized evidence (s 40, s 42, s 49).
Disputes about the proper application of standards and whether a premises conforms to prescribed standards, including adequacy of remedial notice and time given before suspension/cancellation (s 30(3)-(4)).
Employment‑related prosecutions under s 31A alleging employment of prescribed persons; these carry substantial penalties and may involve factual disputes about knowledge or reasonable steps taken.
Corporate officer liability claims under s 47 where directors are deemed to have contravened if they knowingly authorised or permitted contraventions.
Absent case law in the source, practitioners should treat the Act as laying out the procedural and substantive routes to challenge and enforcement; specific judicial interpretations, evidentiary rulings and precedent are not supplied here and must be sought in the case law databases.
Gotchas
This section flags traps and operational pitfalls the Act creates, grounded in the statutory text.
Substantial delegation to regulations and standards: Many operational obligations are left to regulations and prescribed standards (s 13, s 14, s 53). Practitioners must not assume the statute alone sets the substantive requirements. Standards may deal with facility design, hygiene, records and public safety (Schedule 3). Check current regulations and any documents adopted by reference (s 53(3)).
Secretary’s broad discretionary grounds: When deciding applications the Secretary may consider a long list of factors including prior convictions under multiple Acts, the applicant’s capacity to care for animals, biosecurity risk under the Biosecurity Act 2015, fitness and propriety, and false or misleading statements (s 27(3A)). That unspecific discretion means applications can be refused for a wide range of administrative reasons.
Mandatory cancellation and disqualification: Convictions for specified animal offences or particular criminal offences trigger mandatory cancellation and a required disqualification declaration (s 30(1A), s 30A(1)). Disqualification can extend to corporate officers and may last up to five years (s 30A(4), (7)). Corporations whose officers are disqualified can therefore face de facto management upheaval.
Employment prohibition applies while charges are outstanding: “Prescribed person” under s 31A includes a person charged with a relevant offence until the charge is heard, withdrawn or a decision is made not to proceed (s 31A(2)(b)). That means simply being charged , even prior to conviction , can bar a person from working with exhibited animals. The penalty scale is high.
Seizure and no compensation: Inspectors can seize animals suspected in connection with offences and, subject to Ministerial approval, animals may be sold, destroyed, placed in care or returned to the wild (ss 40(1)(g)-(h), 41(1)). The Act explicitly disallows compensation for animals seized or disposed of under s 41(3). Owners and licence holders bear this risk.
Quick timelines and deemed refusals: If the Secretary does not grant or refuse an application within 60 days (or a longer agreed period) the application is deemed to have been refused for review purposes (s 27(4)). Applicants must be attentive to timelines and may need to litigate deemed refusals.
Register accuracy and public disclosure: The Secretary keeps a register with licensee residential addresses and other particulars (s 20). Registered particulars can be certified and provided to applicants (s 21). Privacy concerns arise because residential addresses are captured; practitioners should verify address entries and counsel clients accordingly.
Inspector procedural requirements: For offences linked to failing to comply with inspectors, the inspector must have identified themself and warned the person that failure is an offence (s 43(2)). Failure by an inspector to meet these procedural steps may affect prosecutions.
Limits on challenging actions and evidentiary certificates: The Act allows for certificates by authorised persons to be admissible as evidence (s 49). Such statutory certificates can streamline prosecution proof and shift evidential burdens.
Exemptions can be conditional and criminalised: The Governor may exempt persons or premises by regulation and prescribe conditions; regulations may make failure to comply with those conditions an offence (s 4(1)-(3)). Reading exemptions requires care: an exemption can disappear if conditions are not met (s 4(2)).
Licence terms continue to apply during suspension or after cancellation when related to animal care: Terms relating to animal care may continue to have effect during suspension and after cancellation (s 28(3)). Practically this can extend ongoing obligations (and potential liability) beyond the period of active authority.
Adoption by reference of external guidelines: Regulations may adopt by reference guidelines recommended by national agencies (s 53(3)). That creates a moving target if those external guidelines change , check the regulation for whether the adoption is by fixed reference or dynamic link.
Corporate director liability is strict: Directors or those “concerned in management” are deemed to have contravened where the corporation contravenes and the person knowingly authorised or permitted the breach (s 47). Proof of knowledge can be decisive.
Interaction with other Acts: While licence holders are protected in some respects from certain offences under other Acts (Schedule 4 cl 2), the Prevention of Cruelty to Animals Act and Biosecurity Act are expressly not displaced by inconsistency provisions (Schedule 4 cl 3). Practitioners must map multiple statutes in compliance assessments.
Search warrants and dwellings: Inspectors cannot enter dwellings without occupier consent or a warrant (s 40(2)); warrants are obtained under Law Enforcement (Powers and Responsibilities) Act processes (s 42). Procedural errors in obtaining entry can affect admissibility.
These are statutory mechanisms that create operational and litigation risk. They are not statements of policy or normative judgement; they are mechanical features that practitioners must plan for.
How to comply
This section offers a practical, statute‑grounded compliance pathway based on the Act’s prescriptions.
Classify your activity and premises
Confirm whether premises are a prescribed class of animal display establishment under regulations (s 13). If in doubt, treat them as requiring a licence until the regulatory schedule is checked.
Determine whether the animals or species you plan to exhibit are “prescribed species” for which permits are required (s 24) and whether exhibitions in temporary or movable structures or educational settings require approvals (s 22).
Secure prior approvals for construction or alteration
Do not erect or convert premises into a display establishment of a prescribed class without Secretary approval (s 18(1)-(2)). Where planning alterations or extensions to an existing licensed establishment, obtain prior Secretary approval (s 19).
Ensure building plans and operational plans demonstrate conformance with prescribed standards (s 18(3), s 15).
Apply for licences, approvals and permits properly
File applications in the prescribed manner with prescribed fees (s 27(1)). Ensure the application includes accurate and complete information; making false or misleading statements is a separate offence (s 44) and is a listed ground for refusal (s 27(3A)(f)).
For approvals to exhibit in temporary contexts or permits for prescribed species, ensure demonstrable qualifications and capability to meet standards (s 23(1), s 25(1)).
Meet standards and maintain records
Conform to standards prescribed under s 14 and to items in Schedule 3: housing, fencing, hygiene, nutrition, records, disposal, education and public safety. Keep records on breeding, health, welfare, movement and disposal as required (Schedule 3(4)).
Ensure record retention and availability for inspectors and be ready to produce books, papers and records upon request (s 40(1)(c), (d)).
Maintain the register and request certificates where needed
Ensure the registered particulars (address, licensee name, class, terms) are accurate; the Secretary may vary entries to keep the register true (s 20). Apply for certificates under s 21 where a certified copy of registered particulars is required for transactions.
Staff vetting and employment checks
Implement vetting procedures for staff working with exhibited animals to ensure no “prescribed person” is knowingly employed (s 31A). Because “prescribed person” includes those charged until determination, maintain ongoing checks and HR policies to assess risk.
Maintain documented processes demonstrating that steps were taken to prevent employment of disqualified or charged persons; this will help against allegations of “knowingly permit” under s 31A and corporate officer exposure under s 47.
Prepare for inspections and inspector directions
Display and hold licences, approvals and permits and be prepared to produce them on request (s 40(1)(c), s 39(3)). Train staff on how to respond to inspectors: cooperate, provide documents and, where lawful, produce certified true copies if originals are seized (s 40(4)-(5)).
If given a written direction to remedy non‑compliance (s 40(1)(m)), document the steps taken and deadlines met to avoid suspension or cancellation under s 30.
Manage biosecurity and welfare risk
Where relevant, prepare biosecurity risk assessments per the Biosecurity Act considerations that the Secretary may apply to applications (s 27(3A)(e1)). Have protocols ready to prevent, minimise or eliminate biosecurity risk.
For cetacea, expect bond requirements and be prepared to lodge deposits or prescribed arrangements to secure funds to care for or rehabilitate animals (s 37).
Transactions, transfers and corporate governance
For licence transfers, apply in the prescribed manner and pay fees (s 27(2)). Corporations should implement governance controls so directors do not knowingly authorise contraventions (s 47). Consider indemnities and insurance where available, recognising s 41(3) denies compensation for seized animals.
Responding to adverse enforcement action
If the Secretary serves notice of proposed suspension/cancellation for standards non‑compliance, act promptly to comply with the remedial works specified; a suspension cannot occur until the remedial period specified has expired (s 30(3)-(4)).
For cancellations or refusals, lodge an administrative review with the Civil and Administrative Tribunal under s 32 to obtain the statutory stay on cancellation/expiry pending review outcome (s 32(2)). Be mindful of the 60‑day deemed refusal rule on applications (s 27(4)) and prepare to seek Tribunal review where appropriate.
Regulatory watch and standards updates
Because regulations can adopt external guidelines by reference (s 53(3)), monitor both state regulations and relevant national guidelines. Implement change-management processes to update facilities and protocols when standards change.
Document retention and evidentiary readiness
Keep certified copies and contemporaneous records. Seized originals must be copied by the inspector if retained beyond the next day; a certified copy has equal validity (s 40(4)-(5)). Prepare evidence demonstrating compliance and care protocols to counter enforcement allegations.
Service of notices and communications
Ensure the Secretary has an accurate last known address and an electronic address for service of notices (s 51), and keep records of service and receipt of any Secretary notifications.
Financial planning
Budget for fees, potential bonds (for cetacea), and potential liabilities such as fines, remediation works or seizure costs. Remember fees and charges owed to the Secretary are recoverable as debts to the Crown (s 48).
Seek advice early
Given the Secretary’s wide discretion (s 27(3A)), early engagement with the Department and the advisory committee where appropriate (s 9-10) can clarify standards and reduce risk of refusal or enforcement.
Compliance is therefore a combination of pre‑licensing actions (approvals, standards conformance, staffing checks), ongoing operational management (records, inspections, biosecurity), and readiness to respond to enforcement with prompt remediation and Tribunal review where necessary. All steps should be documented to place licensees in the best position should enforcement action arise.
advisory committee means the committee constituted by this Act.
animal means a vertebrate animal, and includes a mammal, bird, reptile, amphibian and fish, but does not include a human being.
animal display establishment means premises used for the exhibition of animals and includes a zoological park, marine park and oceanarium.
approval means an approval issued under Part 3 and in force.
board means the Zoological Parks Board of New South Wales.
Department means Regional NSW.
exhibit, in relation to an animal, means the display, or the keeping for display, of the animal for educational, cultural, scientific, entertainment or other prescribed purposes, but does not include the display, or the keeping for display, of an animal solely—
(a) in connection with the sale or intended sale of the animal,
(b) for animal research, within the meaning of the Animal Research Act 1985, or
(c) in circumstances declared by the regulations not to constitute an exhibition of the animal for the purposes of this Act.
inspector means a person appointed or authorised under section 38.
licence means a licence issued under Part 3 and in force.
licensed animal display establishment means premises that are the subject of a licence.
licensee means the holder for the time being of a licence.
member means a member of the advisory committee.
occupier, in relation to premises—
(a) includes a person in charge of the premises as a manager or lessee or otherwise, and
(b) where the premises are the subject of a licence, includes the licensee.
permit means a permit issued under Part 3 and in force.
premises includes any land or place (whether or not wholly or partly built upon or covered by water) and any part thereof.
register means the register referred to in section 20.
regulation means a regulation made under this Act.
Secretary means the Secretary of the Department.
sell includes—
(a) auction or exchange,
(b) offer, expose, supply or receive for sale,
(c) send, forward or deliver for sale or on sale, and
(d) have in possession for sale.
species includes order, class and description.
zoological park means—
(a) zoological gardens,
(b) aquariums, and
(c) similar institutions,
in which animals are exhibited or displayed, or kept for display, for any prescribed purpose.
(2) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
s 5: Am 1988 No 131, Sch 8; 1991 No 94, Sch 1; 2004 No 91, Sch 1.10 [1] [2]; 2010 No 59, Sch 2.28; 2015 No 58, Sch 3.33 [2]; 2020 No 30, Schs 1.15[1], 3.10.
Part 2 The Exhibited Animals Advisory Committee
Part 2 The Exhibited Animals Advisory Committee
Part 2 The Exhibited Animals Advisory Committee
6 The advisory committee
6 The advisory committee
6 The advisory committee
(1) There is constituted by this Act an Exhibited Animals Advisory Committee.
(2) The advisory committee—
(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act,
(b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and
(c) shall, in the exercise of its functions (except in relation to the contents of a report or a recommendation made by it to the Minister), be subject to the control and direction of the Minister.
(3) The advisory committee shall consist of 6 members who shall be appointed by the Minister.
(4) Of the members—
(a) one is to be a person nominated by the Minister,
(b) one is to be a person selected by the Minister from a panel of persons nominated by the board,
(c) one shall be a person nominated by the Minister administering the National Parks and Wildlife Act 1974,
(d) one shall be a person nominated by the Minister administering the Prevention of Cruelty to Animals Act 1979,
(e) one shall be a person selected by the Minister from persons nominated by prescribed animal welfare organisations, and
(f) one shall be a person selected by the Minister from persons nominated by prescribed organisations representing exhibitors of animals.
(5) Where, but for this subsection, the Minister would be unable to appoint a member because of the failure of a person or body to nominate a person or panel of persons in accordance with any paragraph of subsection (4)—
(a) the Minister may appoint any person the Minister considers qualified to hold office as that member, and
(b) the person so appointed shall be a member and shall be deemed to have been appointed in accordance with that paragraph.
(6) Schedule 1 has effect with respect to the members.
(7) Schedule 2 has effect with respect to the procedure of the advisory committee.
s 6: Am 1994 No 32, Sch 1.
7 Staff of the advisory committee
7 Staff of the advisory committee
7 Staff of the advisory committee
(1) The advisory committee may—
(a) with the approval of the Minister, and
(b) on such terms and conditions as may be approved by the Secretary of the Premier’s Department,
arrange for the use of the services of any staff or facilities of a Public Service agency or public authority.
(2) The Secretary may, with the approval of the Minister, engage, under agreements in writing, persons having suitable qualifications and experience as consultants to the advisory committee.
(3) The terms and conditions under which persons are engaged under this section shall be such as are from time to time determined by the Secretary with the approval of the Minister.
s 7: Am 2015 No 58, Sch 3.33 [3] [4]; 2024 No 35, Sch 3.6.
8 Functions of the advisory committee
8 Functions of the advisory committee
8 Functions of the advisory committee
The advisory committee has the following functions—
(a) to advise the Secretary so as to promote a co-ordinated approach in policy and administration between the Secretary and government departments administering legislation relating to the importation, control, care and welfare of animals,
(b) to monitor the effectiveness of the scheme governing the exhibition of animals established under Part 3 and to recommend to the Secretary any changes which may appear to the advisory committee to be necessary for the efficient operation of that scheme,
(c) to carry out any function which may be delegated to it by the Secretary.
9 Inspections
9 Inspections
9 Inspections
(1) The advisory committee may at any time request the Secretary to cause an inspection to be made of any licensed premises.
(2) The advisory committee may, by instrument in writing, authorise a member to accompany an inspector during the conduct of an inspection and any member so authorised shall, during the conduct of the inspection, be deemed to be an inspector.
10 Recommendations and reports
10 Recommendations and reports
10 Recommendations and reports
(1) The advisory committee shall forward to the Secretary any recommendations and reports made by it in the exercise of the functions conferred or imposed on it by or under this Act.
(2) The Secretary shall, at such times as the Minister may request, forward copies of any such recommendations or reports to the Minister.
11 Delegation
11 Delegation
11 Delegation
(1) The advisory committee may delegate to a person the exercise of any of its functions, other than this power of delegation.
(2) A delegation under this section—
(a) shall be in writing,
(b) may be general or limited, and
(c) may be revoked, wholly or partly, by the advisory committee.
(3) A delegate is, in the exercise of a function delegated under this section, subject to such conditions as are specified in the instrument of delegation.
(4) A function delegated under this section, when exercised by the delegate, shall be deemed to have been exercised by the advisory committee.
(5) A delegation under this section does not prevent the exercise of a function by the advisory committee.
(6) A function purporting to have been exercised by a delegate under this section shall, until the contrary is proved, be deemed to have been duly exercised by a delegate under this section.
Part 3 Licences, approvals and permits
Part 3 Licences, approvals and permits
Part 3 Licences, approvals and permits
Division 1 Licensing of animal display establishments
Division 1 Licensing of animal display establishments
Division 1 Licensing of animal display establishments
12 Licence required for animal display establishment
12 Licence required for animal display establishment
12 Licence required for animal display establishment
(1) Each occupier of premises used as an animal display establishment of a prescribed class is guilty of an offence and liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than 6 months, or to both, if the use of the premises as an animal display establishment of that class is not authorised by a licence.
(2) (Repealed)
s 12: Am 1992 No 112, Sch 1; 1996 No 11, Sch 1 [1].
13 Classes of establishments
13 Classes of establishments
13 Classes of establishments
For the purposes of this Act, there shall be such classes of animal display establishments as are prescribed by the regulations.
14 Standards
14 Standards
14 Standards
(1) Standards may be prescribed for or with respect to—
(a) the facilities for the exhibition of animals at, and
(b) the conduct of,
animal display establishments of any class.
(2) Without limiting the generality of subsection (1), a standard may be prescribed in relation to any matter referred to in Schedule 3.
15 Issue of licences
15 Issue of licences
15 Issue of licences
(1) A licence for an animal display establishment of a prescribed class shall not be issued unless the Secretary is satisfied that the animal display establishment conforms to and will be conducted in accordance with any standards prescribed under section 14 for animal display establishments of that class.
(2) Different animal display establishments shall each be the subject of a separate application and a separate licence or separate licences.
16 Particulars to be specified in licences
16 Particulars to be specified in licences
16 Particulars to be specified in licences
(1) A licence for an animal display establishment shall describe the animal display establishment which is the subject of the licence.
(2) A licence for an animal display establishment shall relate to an animal display establishment of the class specified in the licence.
(3) Separate licences relating to animal display establishments of different classes may be held concurrently for the same premises.
17 Authority conferred by licence
17 Authority conferred by licence
17 Authority conferred by licence
A licence for an animal display establishment authorises the use under this Act of the premises which are the subject of the licence as an animal display establishment of the class specified in the licence, but only when the premises are used in accordance with the terms and conditions to which the licence is subject.
18 Approval of erection of animal display establishment
18 Approval of erection of animal display establishment
18 Approval of erection of animal display establishment
(1) A person shall not erect an animal display establishment of a prescribed class or convert any premises into any such establishment unless the erection of the establishment or the conversion of the premises has been approved by the Secretary.
Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
(2) A person may apply for the approval of the Secretary of the erection of, or conversion of premises into, a proposed animal display establishment of a prescribed class.
(3) Approval for the erection of, or conversion of premises into, an animal display establishment of a prescribed class shall not be issued unless the Secretary is satisfied that the animal display establishment will, when completed, conform to and be conducted in accordance with the standards prescribed in respect of that class of animal display establishment under section 14.
(4) An appropriate licence shall be issued in respect of an animal display establishment completed in accordance with an approval granted under this section.
(5) A person is not guilty of an offence under subsection (1) if the person satisfies the court that erection or conversion of the establishment to which the alleged offence relates was substantially commenced before the establishment became an animal display establishment of a prescribed class.
s 18: Am 1992 No 112, Sch 1.
19 Alteration of licensed animal display establishment
19 Alteration of licensed animal display establishment
19 Alteration of licensed animal display establishment
A licensee shall not cause or permit a licensed animal display establishment to be altered or extended unless—
(a) approval of the Secretary is first obtained for the alteration or extension, and
(b) the animal display establishment is altered or extended in accordance with that ap
This is an opening excerpt, not the complete document.