Federal Register of Legislation - Australian Government

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A Bill for an Act to promote humane, responsible and accountable care, protection and use of domestic animals, livestock, wildlife and animals kept for scientific purposes, and the standards required to achieve this end, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 21 Jun 2005
Introduced Senate 20 Jun 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

National Animal Welfare Bill 2005

 

No.      , 2005

 

(Senator Bartlett)

 

 

 

A Bill for an Act to promote humane, responsible and accountable care, protection and use of domestic animals, livestock, wildlife and animals kept for scientific purposes, and the standards required to achieve this end, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Purposes of Act.................................................................................. 2

4............ How purposes are to be primarily achieved....................................... 2

5............ Application of Act............................................................................. 3

6............ Saving of certain State and Territory laws.......................................... 4

7............ Act to bind the Crown........................................................................ 5

Part 2—National Animal Welfare Authority                                                           6

8............ National Animal Welfare Authority................................................... 6

9............ Legal status of Authority................................................................... 6

10.......... Constitution of Authority.................................................................. 6

11.......... Terms and conditions of appointment............................................... 7

12.......... Advisory committees......................................................................... 7

13.......... Functions and powers of Authority................................................... 7

14.......... Reports and advice to be provided to the Ministerial Council........... 8

Part 3—Inspection                                                                                                                  9

Division 1—General                                                                                                      9

15.......... Appointment of inspectors................................................................ 9

16.......... Qualifications of inspectors................................................................ 9

17.......... Powers of inspectors—general powers............................................ 10

Division 2—Entry to places other than vehicles                                          11

Subdivision 1—Power to enter places other than vehicles                                11

18.......... Power of entry.................................................................................. 11

19.......... Limited entry to provide relief to animal.......................................... 12

Subdivision 2—Procedure for entry without warrant                                        12

20.......... Procedure for entry with consent..................................................... 12

21.......... Procedure for other entries without warrant.................................... 13

Subdivision 3—Warrants                                                                                        14

22.......... Application for warrant.................................................................... 14

23.......... Issue of warrant................................................................................ 14

24.......... Special warrants................................................................................ 15

25.......... Warrants—procedure for entry........................................................ 16

Division 3—Entry to vehicles                                                                                18

Subdivision 1—Power to enter vehicles                                                                18

26.......... Power of entry.................................................................................. 18

27.......... Procedure for entry without consent if person in control or occupier present       18

Subdivision 2—Powers to support entry                                                               19

28.......... Power to stop vehicle that may be entered...................................... 19

29 Failure to comply with stop signal............................................................. 19

30.......... Power to require help to enter from person in control..................... 20

31.......... Failure to comply with entry requirement....................................... 20

Division 4—Powers for entry to all places                                                      21

32.......... Application of Division.................................................................... 21

33.......... General powers................................................................................. 21

34.......... Power to require reasonable help...................................................... 22

35.......... Failure to comply with help requirement......................................... 22

36.......... Power to require person in control of vehicle to take action............ 22

37.......... Failure to comply with action requirement...................................... 23

38.......... Compliance....................................................................................... 23

Division 5—Seizure and forfeiture                                                                       24

Subdivision 1—Powers of seizure                                                                          24

39.......... General power to seize evidence...................................................... 24

40.......... Seizure or evidence under warrant.................................................... 25

41.......... Seizure for welfare of animal............................................................ 25

42.......... Seizure of property subject to security............................................ 25

Subdivision 2—Powers to support seizure                                                           25

43.......... Direction to person in charge............................................................ 25

44.......... Failure to comply with seizure direction.......................................... 26

45.......... Powers for seized things................................................................... 26

46.......... Offence to tamper with seized thing................................................ 27

Subdivision 3—Safeguards for seized animal or property                                27

47.......... Information notice and receipt for seized animal or property.......... 27

48.......... Access to seized animal or property................................................ 28

49.......... Return of seized animal.................................................................... 29

50 Return of other seized property................................................................. 30

Subdivision 4—Forfeiture                                                                                       31

51.......... Power to forfeit................................................................................ 31

52.......... Information notice about forfeiture.................................................. 32

Subdivision 5—Dealing with animal or property forfeited or transferred to Commonwealth or prescribed entity      32

53.......... When transfer takes effect................................................................ 32

54.......... How animal or property may be dealt with..................................... 33

55.......... Appeal against forfeiture.................................................................. 33

56.......... Where a person makes an appeal in accordance with section 55...... 33

Division 6—Animal welfare directions                                                              35

57.......... Application of Division.................................................................... 35

58.......... Power to give animal welfare direction............................................. 35

59.......... Requirements for giving animal welfare direction............................. 36

60.......... Failure to comply with animal welfare direction.............................. 37

Division 7—Inspector’s power to destroy animals                                     38

61.......... Power of destruction........................................................................ 38

62.......... Other duties...................................................................................... 38

Part 4—Animal welfare offences                                                                                  39

Division 1—Breach of duty of care                                                                      39

63.......... Breach of duty of care prohibited..................................................... 39

Division 2—Cruelty offences                                                                                  40

64.......... Animal cruelty prohibited................................................................ 40

65.......... Alleviation of pain............................................................................ 41

Division 3—Prohibited conduct                                                                            42

66.......... Unreasonable abandonment.............................................................. 42

67.......... Prohibited release.............................................................................. 42

68.......... Causing captive animal to be injured or killed by dog...................... 42

69.......... Releasing animal for injury or killing by dog.................................... 42

70.......... Keeping or using as kill or lure for blooding or coursing.................. 43

71.......... Possession of prohibited trap or spur unlawful............................... 43

72.......... Use of prohibited trap or spur unlawful.......................................... 44

73.......... Baits or harmful substances.............................................................. 44

74.......... Unlawfully allowing an animal to injure or kill another animal........ 45

75.......... Cropping dogs’ ears.......................................................................... 45

76.......... Docking dogs’ tails........................................................................... 45

77.......... Debarking operations........................................................................ 46

78.......... Removal of cats’ claws..................................................................... 47

79.......... Docking tails of cattle or horses....................................................... 47

80.......... Mulesing of sheep............................................................................ 48

81.......... Use for certain scientific purposes unlawful.................................... 48

Division 4—Prohibited events                                                                               49

82.......... Meaning of prohibited event............................................................. 49

83.......... Participation in prohibited event...................................................... 49

84.......... Presence at prohibited event............................................................. 50

Division 5—Regulated conduct                                                                             51

85.......... Obligation to exercise closely confined dogs.................................... 51

86.......... Feral animals or pests....................................................................... 51

87.......... Animals used to feed another animal................................................ 52

Part 5—Live exports                                                                                                           53

88.......... Limitation on live exports................................................................. 53

89.......... Export permits.................................................................................. 53

90.......... Duties of veterinary surgeons........................................................... 54

91.......... Liability............................................................................................ 54

Part 6—Imports of animal products                                                                            56

92.......... Limitation on import of animal products......................................... 56

93.......... Import permits................................................................................. 56

94.......... Restricted imports—cat and dog fur................................................ 56

Part 7—Labelling of animal products                                                                        57

95.......... Authority to develop draft code of practice..................................... 57

Part 8—Animals used for experimental purposes                                              58

96.......... Definitions........................................................................................ 58

97.......... Offence to operate research unit or supply unit without a licence.. 59

98.......... Offence to conduct research with animals other than in accordance with code of practice     59

99.......... Matters of responsibility................................................................. 59

100........ Data bank.......................................................................................... 61

101........ Licences............................................................................................ 61

102........ Public notice of licences.................................................................... 62

103........ Conditions of licences....................................................................... 62

104........ Objections to licences....................................................................... 62

105........ Suspension or revocation of licence.................................................. 62

106........ Acquisition of animals for research.................................................. 63

107........ Revoked licences............................................................................... 63

108........ Management of pain......................................................................... 63

109........ Notice of revocation, refusal or suspension of licence..................... 63

110........ Annual report of research unit operator........................................... 64

111........ Annual report of supply unit operator............................................ 65

112........ Register............................................................................................. 65

113........ Registration details........................................................................... 65

114........ Inspection of register........................................................................ 65

115........ False representations about registration........................................... 66

116........ Conditions for cancellation or suspension........................................ 66

Part 9—Funding for animal research etc.                                                                68

117........ Prohibition on research funding........................................................ 68

Part 10—Administrative provisions                                                                            69

Division 1—Staff                                                                                                            69

118........ Staff.................................................................................................. 69

119........ Consultants....................................................................................... 69

Division 2—Payments and application of money                                          70

120........ Payments to the Authority.............................................................. 70

121........ Application of money of the Authority........................................... 70

122........ Estimates.......................................................................................... 70

Division 3—Procedure of the Authority                                                           71

123........ Authority to regulate its procedure.................................................. 71

124........ Convening meetings.......................................................................... 71

125........ Presiding at meetings........................................................................ 71

126........ Quorum............................................................................................. 71

127........ Voting at meetings............................................................................ 71

128........ Conduct and records of meetings...................................................... 71

Division 4—Administrative provisions                                                             72

129........ Delegation......................................................................................... 72

130........ Remuneration and allowances........................................................... 72

131........ Leave of absence............................................................................... 72

132........ Resignation....................................................................................... 72

133........ Disclosure of interests...................................................................... 73

134........ Ceasing to be Chair........................................................................... 73

135........ Termination of appointment............................................................ 73

136........ Acting appointments........................................................................ 74

Part 11—Miscellaneous                                                                                                    76

137........ Regulations....................................................................................... 76

Schedule 1—A national animal welfare system                            77

Schedule 2—Definitions                                                                                         79


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A Bill for an Act to promote humane, responsible and accountable care, protection and use of domestic animals, livestock, wildlife and animals kept for scientific purposes, and the standards required to achieve this end, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

1  Short title

                   This Act may be cited as the National Animal Welfare Act 2005.

2  Commencement

             (1)  Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

             (2)  Section 81 commences on 1 January 2010.

             (3)  Subject to subsection (4), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

             (4)  If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

3  Purposes of Act

                   The purposes of this Act are to do the following:

                     (a)  promote the responsible care and use of animals;

                     (b)  provide standards for the care and use of animals that:

                              (i)  where it is deemed necessary to capture and kill wildlife, only those devices and techniques should be used which do not inflict unnecessary cruelty, harm non-target animals or damage natural habitat;

(ii)                prohibit the capture and killing of wild animals for the purpose of entertainment or sport;

(iii)               ensure that, in the implementation of the matters contained in paragraphs (i) and (ii), all necessary measures shall be taken to protect habitat and ecosystems;

                     (c)  protect animals from unjustifiable, unnecessary or unreasonable pain;

                     (d)  ensure the use of animals for scientific purposes is accountable, open and responsible.

4  How purposes are to be primarily achieved

                   The purposes of this Act are to be primarily achieved by the following:

                     (a)  providing for regulations about codes of practice for animal welfare;

                     (b)  allowing regulations to require compliance with codes of practice;

                     (c)  imposing a duty of care on persons in charge of animals;

                     (d)  prohibiting certain conduct in relation to animals;

                     (e)  regulating certain conduct in relation to animals;

                      (f)  requiring a person using an animal for scientific purposes to comply with any scientific use code of practice and a duty of care;

                     (g)  providing for the registration of certain users of animals for scientific purposes;

                     (h)  providing for the appointment of authorised officers to monitor compliance with compulsory code of practice requirements and any scientific use code of practice;

                      (i)  providing for the appointment of inspectors to investigate and enforce this Act;

                      (j)  providing for the establishment of the National Animal Welfare Authority to advise the Minister on animal welfare issues and implement this Act.

5  Application of Act

             (1)  The provisions of this Act apply to all animals in Australia or in an external Territory to the extent that those provisions:

                     (a)  give effect to a prescribed treaty or international agreement; or

                     (b)  relate to matters external to Australia; or

                     (c)  relate to matters of international concern.

             (2)  Without prejudice because of the effect of subsection (1), the provisions of this Act apply to the welfare of animals and dealings in respect of animals:

                     (a)  that are owned by, or in the possession or control of, the Commonwealth, an authority or instrumentality of the Commonwealth or a Commonwealth company; or

                     (b)  that are supplied to the Commonwealth, an authority or instrumentality of the Commonwealth or a Commonwealth company; or

                     (c)  that are owned by, or are in the possession or control of, a trading corporation; or

                     (d)  that are owned by, or are in the possession or control of, a financial corporation; or

                     (e)  that are owned by, or in the possession or control of, a foreign corporation; or

                      (f)  that are situated in a Territory, or owned by or in the possession or control of a resident of a Territory; or

                     (g)  that are the subject of, or used in, the course of trade or commerce:

                              (i)  between Australia and a place outside Australia; or

                             (ii)  among the States; or

                            (iii)  within a Territory, between a State and a Territory or between two Territories.

             (3)  By force of this subsection, this Act, as it applies to a trading corporation or a financial corporation, has effect in relation to things done, or authorised or caused to be done, by the corporation in the course of its trading activities or its financial activities.

             (4)  In this section:

financial corporation means a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a financial corporation formed within the limits of the Commonwealth.

trading corporation means a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation formed within the limits of the Commonwealth.

6  Saving of certain State and Territory laws

             (1)  It is the intention of the Parliament that this Act is not to affect the operation of a law of a State or of a Territory that makes provision with respect to the welfare of animals and is capable of operating concurrently with this Act.

             (2)  In the event that State provisions are deemed more stringent by the Commonwealth Minister, those State provisions shall prevail.

7  Act to bind the Crown

             (1)  This Act binds the Crown in all its capacities.

             (2)  Nothing in this Act renders the Crown liable to be prosecuted for an offence.


 

Part 2National Animal Welfare Authority

8  National Animal Welfare Authority

             (1)  A National Animal Welfare Authority is established.

             (2)  The Authority is the regulatory body for animal welfare in Australia.

9  Legal status of Authority

             (1)  The Authority:

                     (a)  is a body corporate; and

                     (b)  has a seal; and

                     (c)  may sue and be sued in its corporate name.

             (2)  All courts, judges and people acting judicially must take judicial notice of the imprint of the seal of the Authority appearing on a document, and are to presume that the document was duly sealed.

10  Constitution of Authority

             (1)  The Authority consists of:

                     (a)  3 members representing the Commonwealth; and

                     (b)  2 members representing commercial producers or users of animals and animal products; and

                     (c)  2 members representing animal welfare non-government organisations; and

                     (d)  2 members representing community groups; and

                     (e)  4 other members, at least 2 of whom are scientists; and

                      (f)  1 member who is an ethicist.

             (2)  The members are to be appointed by the Minister on the basis of merit.

             (3)  The Chair of the Authority is to be elected by the members of the Authority. This position is not to be held for more than 12 months by the same person in any 2-year period.

11  Terms and conditions of appointment

             (1)  A member of the Authority is to be appointed for the period (not longer than 3 years) specified in the instrument of appointment, but is eligible for reappointment.

             (2)  A member of the Authority holds office on the terms and conditions (if any) not covered by this Act as are determined by the Minister.

12  Advisory committees

                   The Authority may establish national advisory committees as determined by the Authority, or at the request of the Minister or the Ministerial Council.

13  Functions and powers of Authority

             (1)  The Authority has the following functions and powers:

                     (a)  the coordination, monitoring and review of Commonwealth responsibilities for animal welfare;

                     (b)  functions and powers conferred on it by or under this Act (other than this section);

                     (c)  functions and powers conferred on it by or under other laws of the Commonwealth;

                     (d)  functions and powers that are, with the consent of the Ministerial Council, conferred on the Authority by writing signed by the Minister.

             (2)  The Authority has power to do whatever is necessary for or in connection with, or reasonably incidental to, the performance of its functions.

             (3)  The Authority is to perform its functions and exercise its powers in accordance with the Agreement (so far as applicable) and is to comply in all respects with the provisions of the Agreement that are applicable to it.

14  Reports and advice to be provided to the Ministerial Council

             (1)  The Authority is to provide to the Ministerial Council such reports relating to the performance or exercise of the Authority’s functions or powers as the Ministerial Council directs.

             (2)  The Ministerial Council may, by resolution, direct the Authority to provide advice about any matter related to the functions or powers of the Authority or of the Ministerial Council.


 

Part 3Inspection

Division 1General

15  Appointment of inspectors

             (1)  The Authority may appoint inspectors.

             (2)  An inspector is responsible for matters specified by the Authority.

             (3)  The Chair of the Authority must issue to each inspector an identity card containing a recent photograph of the inspector and stating that the holder of the card is an inspector for the purposes of this Act.

             (4)  The Authority may terminate the appointment of inspectors.

16  Qualifications of inspectors

             (1)  Inspectors must have a sound knowledge of animal husbandry and animal welfare. The minimum academic requirement is the completion of a prescribed course of training in animal welfare or an equivalent course of study.

             (2)  Inspectors must have a thorough knowledge of the following:

                     (a)  the operation of this Act and the regulations;

                     (b)  the codes of practice made under regulations made under this Act.

             (3)  A person may be appointed as an inspector only if:

                     (a)  the person is:

                              (i)  engaged under the Public Service Act 1999; or

                             (ii)  an officer or employee of a State or Territory; or

                            (iii)  employed by the Royal Society for the Prevention of  Cruelty to Animals; or

                            (iv)  included in a class of persons declared under a regulation to be an approved class of persons for the purposes of this section.

17  Powers of inspectors—general powers

             (1)  Inspectors may exercise any of the following powers in order to fulfil the purposes of this Act.

             (2)  Within reason, inspectors may undertake random inspections of animals.

             (3)  A person with an animal in his or her care must permit inspection of the animal as well as of housing, foodstuffs and equipment intended for use in relation to the animal.

Maximum penalty:    20 penalty units.

             (4)  A person must not refuse or fail to comply with subsection (3).

             (5)  The animal keeper must be advised of the inspection before or on the occasion of the visit.

             (6)  An inspector may:

                     (a)  inform an animal keeper that he or she has 12 hours in which to take action or his or her animal or animals will be seized; or

                     (b)  immediately seize an animal or animals; or

                     (c)  humanely kill an animal, or take any other necessary steps to relieve an animal from suffering; or

                     (d)  administer analgesics to an animal.

 


 

Division 2Entry to places other than vehicles

Subdivision 1Power to enter places other than vehicles

18  Power of entry

             (1)  An inspector may enter and stay at a place other than a vehicle if:

                     (a)  its occupier consents to the entry; or

                     (b)  it is a public place and the entry is made when the place is open to the public; or

                     (c)  the entry is authorised by a warrant; or

                     (d)  its occupier has been given an animal welfare direction and the entry is made at a time or interval stated in the direction, to check compliance with the direction; or

                     (e)  the inspector reasonably suspects that:

                              (i)  an animal at the place has just sustained a severe injury; and

                             (ii)  the injury is likely to remain untreated, or untreated for an unreasonable period; or

                      (f)  the inspector reasonably suspects there is an imminent risk of death or injury to an animal at the place because of an accident or an animal welfare offence; or

                     (g)  the inspector reasonably suspects any delay in entering the place will result in the concealment, death, or destruction of anything at the place that is:

                              (i)  evidence of an animal welfare offence under this Act; or

                             (ii)  being used to commit, continue or repeat, an animal welfare offence under this Act.

             (2)  For the purpose of asking the occupier of a place for consent to enter a place under paragraph (1)(a), an inspector may, without the occupier’s consent or a warrant:

                     (a)  enter land around premises at the place to the extent that is reasonable to contact the occupier; or

                     (b)  enter that part of the place that the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

19  Limited entry to provide relief to animal

             (1)  This section applies if:

                     (a)  an inspector reasonably suspects:

                              (i)  an animal at a place other than a vehicle is suffering from lack of food or water or is entangled; and

                             (ii)  the person in charge of the animal is not, or is apparently not, present at the place; and

                     (b)  the animal is not at a part of the place at which a person resides, or apparently resides.

             (2)  The inspector may enter and stay at the place while it is reasonably necessary to provide food or water to, or to disentangle, the animal.

             (3)  Before leaving the place, the inspector must leave a notice in a conspicuous position and in a reasonably secure way stating the following:

                     (a)  the inspector’s name and business address or telephone number;

                     (b)  the action taken by the inspector under subsection (2);

                     (c)  the time and date the action was taken.

             (4)  This section does not limit section 20.

Subdivision 2Procedure for entry without warrant

20  Procedure for entry with consent

             (1)  This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under paragraph 18(1)(a).

             (2)  Before asking for the consent, the inspector must tell the occupier:

                     (a)  the purpose of the entry; and

                     (b)  that the occupier is not required to consent.

             (3)  If the consent is given, the inspector may ask the occupier to sign an acknowledgment of the consent.

             (4)  The acknowledgment must state:

                     (a)  that the occupier has been told:

                              (i)  the purpose of the entry; and

                             (ii)  that the occupier is not required to consent; and

                     (b)  the purpose of the entry; and

                     (c)  the occupier gives the inspector or another inspector consent to enter the place and exercise powers under this Part; and

                     (d)  the time and date the consent was given.

             (5)  If the occupier signs the acknowledgment, the inspector must promptly give a copy to the occupier.

             (6)  If:

                     (a)  an issue arises in a proceeding about whether the occupier consented to the entry; and

                     (b)  an acknowledgment complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove that the occupier consented.

21  Procedure for other entries without warrant

             (1)  This section applies if:

                     (a)  an inspector is intending to enter a place under paragraph 18(1)(d), (e), (f) or (g); and

                     (b)  the occupier of the place is present at the place.

             (2)  Before entering the place, the inspector must do, or must make a reasonable attempt to do, the following things:

                     (a)  produce or display his or her identity card for the occupier’s inspection so that it is clearly visible; and

                     (b)  tell the occupier the purpose of the entry; and

                     (c)  tell the occupier that the inspector is permitted under this Act to enter the place without the occupier’s consent or a warrant.

Subdivision 3Warrants

22  Application for warrant

             (1)  An inspector may apply to a magistrate or a justice of the peace for a warrant for a place.

             (2)  However, an application cannot be made to a justice of the peace who:

                     (a)  if the inspector is employed by the department—is employed by the department; or

(b) if the inspector is not employed by the department—is employed by the same person or agency as the inspector.

             (3)  The application must be sworn and state the grounds on which the warrant is sought.

             (4)  The magistrate or justice of the peace may refuse to consider the application until the inspector gives the magistrate or justice of the peace all the information the magistrate or justice of the peace requires about the application in the way in which the magistrate or justice of the peace requires.

23  Issue of warrant

             (1)  A magistrate or justice of the peace may issue a warrant only if the magistrate or justice of the peace is satisfied there are reasonable grounds for suspecting there is:

                     (a)  a need to enter the place for which the warrant is sought, to relieve an animal in pain at the place; or

                     (b)  a particular animal or other thing or activity (the evidence) that may provide evidence of an offence under this Act and the evidence is at the place, or may be at the place within the next 7 days.

             (2)  The warrant must state:

                     (a)  that a named inspector may:

                              (i)  enter the place and any other place necessary for entry; and

                             (ii)  exercise an inspector’s powers under this Part; and

                     (b)  either:

                              (i)  if the warrant is issued under subsection (1)(a)—the animal or a class of animals for which the warrant is issued; or

                             (ii)  if the warrant is issued under subsection (1)(b)—the offence for which the warrant is issued; and

                     (c)  the evidence that may be seized under the warrant; and

                     (d)  the hours of the day or night when the place may be entered; and

                     (e)  the date, within 7 days after the warrant’s issue, the warrant ends.

24  Special warrants

             (1)  An inspector may apply for a warrant (a special warrant) by electronic communication, fax, phone, radio or another form of communication if the inspector considers it necessary because of:

                     (a)  urgent circumstances; or

                     (b)  other special circumstances, including, for example, the inspector’s remote location.

             (2)  Before applying for the special warrant, the inspector must prepare an application stating the grounds on which the special warrant is sought.

             (3)  The inspector may apply for the special warrant before the application is sworn.

             (4)  After issuing the special warrant, the magistrate or justice of the peace must immediately electronically communicate or fax a copy to the inspector if it is reasonably practicable to do so.

             (5)  If it is not reasonably practicable to electronically communicate or fax a copy of the special warrant to the inspector:

                     (a)  the magistrate or justice of the peace must tell the inspector:

                              (i)  what the terms of the warrant are; and

                             (ii)  the date and time the warrant was issued; and

                     (b)  the inspector must complete a form of warrant (a warrant form) which must include:

                              (i)  the magistrate’s or justice of the peace’s name; and

                             (ii)  the date and time the magistrate or justice of the peace issued the warrant; and

                            (iii)  the terms of the special warrant.

             (6)  The faxed special warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the special warrant issued by the magistrate or justice of the peace.

             (7)  The inspector must, at the first reasonable opportunity, send the magistrate or justice of the peace:

                     (a)  the sworn application; and

                     (b)  if the inspector completed a warrant form—the completed warrant form.

             (8)  On receiving the documents, the magistrate or justice of the peace must attach them to the special warrant.

             (9)  If:

                     (a)  the issue arises in a proceeding of whether an exercise of a power was authorised by a special warrant; and

                     (b)  the special warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a special warrant authorised the exercise of the power.

25  Warrants—procedure for entry

             (1)  This section applies if:

                     (a)  an inspector named in a warrant issued under this Part for a place is intending to enter the place under the warrant; and

                     (b)  the occupier of the place is present at the place.

             (2)  Before entering the place, the inspector must do, or must make a reasonable attempt to do, the following things:

                     (a)  produce or display his or her identity card for the occupier’s inspection so that it is clearly visible; and

                     (b)  give the occupier a copy of:

                              (i)  the warrant; or

                             (ii)  if the entry is authorised by a faxed special warrant or warrant form mentioned in paragraph 24(5)(b)—the faxed special warrant or warrant form; and

                     (c)  tell the occupier that the inspector is permitted by the special warrant to enter the place; and

                     (d)  give the occupier an opportunity to allow the inspector immediate entry to the place without using force.

             (3)  However, the inspector need not comply with subsection (2) if the inspector reasonably believes the inspector must immediately enter the place to ensure that the effective execution of the warrant is not frustrated.


 

Division 3Entry to vehicles

Subdivision 1Power to enter vehicles

26  Power of entry

                   An inspector may enter and stay in a vehicle if:

                     (a)  the person in control of the vehicle consents to the entry; or

                     (b)  the person in control of the vehicle has been given an animal welfare direction and the entry is made at a time or interval stated in the direction, to check compliance with the direction; or

                     (c)  the inspector reasonably suspects that:

                              (i)  the vehicle is being, has been, or is about to be used in the commission of an animal welfare offence; or

                             (ii)  the vehicle, or an animal or other thing in the vehicle, may provide evidence of an animal welfare offence; or

                            (iii)  there is an imminent risk of death or injury to an animal in or from the vehicle or because of an animal welfare offence involving the vehicle; or

                            (iv)  there is a need to enter the vehicle to relieve an animal in pain in the vehicle or prevent an animal in the vehicle from suffering pain.

Note:          The definition of vehicle in Schedule 2 is intended to be wide to enable inspectors to deal with animal welfare situations arising in relation to any vehicle used on land, sea or in the air.

27  Procedure for entry without consent if person in control or occupier present

             (1)  This section applies if:

                     (a)  an inspector is intending to enter a vehicle under paragraph 26(b) or (c); and

                     (b)  a person who is a person in control of, or an occupier of, the vehicle is present at the vehicle.

             (2)  Before entering the vehicle, the inspector must do, or must make a reasonable attempt to do, the following things:

                     (a)  produce or display his or her identity card for the person’s inspection so that it is clearly visible; and

                     (b)  tell the person the purpose of the entry; and

                     (c)  seek the consent of the person to the entry; and

                     (d)  tell the person that the inspector is permitted under this Act to enter the vehicle without the person’s consent.

             (3)  If the person in control of the vehicle is not present at the vehicle, the inspector must take reasonable steps to advise the person or any registered operator of the vehicle of the inspector’s intention to enter the vehicle.

             (4)  Subsection (3) does not require the inspector to take a step that the inspector reasonably believes may frustrate or otherwise hinder an investigation under this Act or the purpose of the intended entry.

Subdivision 2Powers to support entry

28  Power to stop vehicle that may be entered

             (1)  If a vehicle that an inspector may enter under this Part other than an aircraft or train, is moving or about to move, the inspector may signal (a stop signal) the person in control of the vehicle:

                     (a)  to stop the vehicle; or

                     (b)  not to move the vehicle.

             (2)  In this section:

stop a vehicle includes requiring it to remain stationary, and in the case of an aircraft or a vessel on or adjacent to land, for the time reasonably necessary to enable a function or power under this or another Act to be performed or exercised.

29 Failure to comply with stop signal

             (1)  A person in control of a vehicle to whom a stop signal has been given must not refuse or fail to comply with the stop signal.

Maximum penalty:    100 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2).  See subsection 13.3(3) of the Criminal Code.

             (3)  For the purposes of subsection (2), it is a reasonable excuse for the person refusing or failing to comply with the stop signal if:

                     (a)  to immediately comply with the stop signal would have endangered the person or someone else; and

                     (b)  the person complied with the stop signal as soon as it was practicable to do so.

30  Power to require help to enter from person in control

             (1)  If an inspector may, under this Part, enter a vehicle, the inspector may require (make an entry requirement of) the person in control of the vehicle to give the inspector reasonable help to enter the vehicle.

             (2)  When making an entry requirement, the inspector must give the person an offence warning.

31  Failure to comply with entry requirement

             (1)  A person of whom an entry requirement has been made must not refuse or fail to comply with the requirement.

Maximum penalty:    100 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2).  See subsection 13.3(3) of the Criminal Code.


 

Division 4Powers for entry to all places

32  Application of Division

             (1)  This Division applies if, under a provision of this Part other than section 19, an inspector may enter, or has entered, a place.

             (2)  However, if an inspector under subsection 18(2) enters a place to ask the occupier’s consent to enter premises, this Division applies to the inspector only if the consent is given or the entry is otherwise authorised.

33  General powers

                   The inspector may do any of the following:

                     (a)  enter the place using reasonable force in the circumstances;

                     (b)  search any part of the place;

                     (c)  open, using reasonable force, a cage, container, pen, yard or other structure confining or containing an animal or other thing to examine the structure, animal or other thing;

                     (d)  take reasonable measures to relieve the pain of an animal at the place;

                     (e)  examine, inspect, film, photograph, videotape or otherwise record an image of, an animal, document or other thing at the place;

                      (f)  take a sample of or from an animal or other thing at the place for analysis or testing;

                     (g)  copy a document at the place;

                     (h)  take into the place the equipment, materials or persons the inspector reasonably requires for exercising a power under this Part;

                      (i)  brand, mark, tag or otherwise identify an animal at the place in accordance with the usual practices for branding, marking, tagging or otherwise identifying that species of animal but not so as to disfigure or damage the animal so as to adversely affect its health or value;

                      (j)  take a necessary step to allow a power under paragraphs (a) to (i) to be exercised.

34  Power to require reasonable help

             (1)  The inspector may require (make a help requirement of) a person at the place to give the inspector reasonable help to exercise a power under this Part, including, for example to produce a document or give information.

             (2)  When making a help requirement, the inspector must give the person an offence warning.

35  Failure to comply with help requirement

             (1)  A person of whom a help requirement has been made must not refuse or fail to comply with the requirement.

Maximum penalty:    100 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

             (3)  It is a reasonable excuse for a person not to comply with a help requirement if complying with the help requirement might tend to incriminate the person.

             (4)  However, subsection (3) does not apply if the help requirement is to produce a document required to be held or kept by the person under:

                     (a)  this Act; or

                     (b)  another Act or a law of the Commonwealth or another country if the document relates to the transportation of live animals.

36  Power to require person in control of vehicle to take action

             (1)  This section applies if a place to which this Division applies is a vehicle.

             (2)  The inspector may require (make an action requirement of) the person in control of the vehicle to do any of the following to allow the inspector to exercise a power under this Part:

                     (a)  bring the vehicle, or an animal or other thing in it, to a stated reasonable place;

                     (b)  remain in control of the vehicle, animal or other thing at the place for a stated reasonable period.

             (3)  When making an action requirement, the inspector must give the person an offence warning.

37  Failure to comply with action requirement

             (1)  A person of whom an action requirement has been made must not refuse or fail to comply with the requirement.

Maximum penalty:    100 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

38  Compliance

             (1)  Any person in charge of an animal must comply with the provisions of this Act including, in the case of a prescribed practice, the regulations and in the case of a licence, the terms of the licence.

             (2)  If there is a failure to comply, the animal keeper must be informed of the failure and of the corrective action to be taken. An inspector is to determine the period for taking the action and a follow-up visit is to be made at the end of this period.


 

Division 5Seizure and forfeiture

Subdivision 1Powers of seizure

39  General power to seize evidence

             (1)  An inspector who has, under this Part, entered a place may seize an animal or other thing at the place if the inspector:

                     (a)  reasonably suspects that it is evidence of an offence against this Act; or

                     (b)  reasonably believes that the seizure is necessary to prevent it being:

                              (i)  destroyed, hidden or lost; or

                             (ii)  used to commit, continue or repeat, an offence.

             (2)  An inspector also may seize an animal or other thing at the place:

                     (a)  if the inspector reasonably believes that it has just been used in committing, or is the subject of, an animal welfare offence; or

                     (b)  with the written consent of a person or a person that the inspector reasonably believes is a person who is:

                              (i)  for an animal—the person in charge of the animal;

                             (ii)  for another thing—the owner or person in possession of the thing.

             (3)  A written consent under subsection (2)(b) given by an owner may also include the owner’s agreement to transfer ownership of the animal or other thing to the Commonwealth or a prescribed entity.

             (4)  Despite subsections (1) and (2), if an entry to a place is made after obtaining the necessary consent of a person, the inspector may seize a thing at the place only if the seizure is consistent with the purpose of entry as told to the person when asking for the consent.

             (5)  This section does not limit a power to seize under section 40, 41 or 42.

40  Seizure or evidence under warrant

                   An inspector who, under this Part, enters a place with a warrant may seize the evidence for which the warrant was issued.

41  Seizure for welfare of animal

             (1)  An inspector who has, under this Part, entered a place may seize an animal at the place if the inspector reasonably believes that:

                     (a)  the animal:

                              (i)  is under an imminent risk of death or injury; or

                             (ii)  requires veterinary treatment; or

                            (iii)  is experiencing undue pain; and

                     (b)  the interests of the welfare of the animal require its immediate seizure.

             (2)  The inspector may also seize the animal if the person in charge of the animal has contravened, or is contravening, an animal welfare direction or a court order about the animal.

42  Seizure of property subject to security

             (1)  An inspector may seize an animal or other thing under this Subdivision or exercise powers under Subdivision 2 in relation to the animal or other thing despite a lien or other security over the animal or other thing claimed by another person.

             (2)  However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting for the inspector.

Subdivision 2Powers to support seizure

43  Direction to person in charge

             (1)  To enable an animal or other thing to be seized, an inspector may direct (give a seizure direction to) the person in charge, or owner or person in possession, of it:

                     (a)  to take the animal or other thing to a stated reasonable place or places by a stated reasonable time or times; and

                     (b)  if necessary, to remain in control of the animal or other thing at the stated place for a reasonable time.

             (2)  A seizure direction:

                     (a)  must be made by notice in the approved form; or

                     (b)  if for any reason it is not practicable to give notice in the approved form—may be made orally and confirmed by notice in the approved form as soon as practicable.

44  Failure to comply with seizure direction

             (1)  A person of whom a seizure direction has been made must not refuse or fail to comply with the direction.

Maximum penalty:    100 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

45  Powers for seized things

                   Having seized an animal or other thing, an inspector may do one or more of the following:

                     (a)  move it from the place where it was seized (the place of seizure);

                     (b)  leave it at the place of seizure but take reasonable action to restrict access to it;

                     (c)  for equipment—make it inoperable, without damaging the equipment;

                     (d)  for an animal:

                              (i)  take it by suitable and appropriate means to a place the inspector considers appropriate;

                             (ii)  give it accommodation, food, rest, water or other living conditions;

                            (iii)  if the inspector reasonably believes that, in the interests of its welfare, the animal requires veterinary treatment—arrange for the treatment;

                            (iv)  if an animal welfare direction has been given in relation to the animal and the direction has not been complied with—take other action to ensure the direction is complied with.

46  Offence to tamper with seized thing

             (1)  This section applies in relation to an animal or other thing seized under this Part.

             (2)  A person, other than an inspector or a person authorised by an inspector for the purpose, must not do, or must not attempt to do, any of the following:

                     (a)  tamper with the animal or other thing;

                     (b)  enter, or be at, the place where the animal or other thing is being kept;

                     (c)  move the animal or other thing from the place where it is being kept;

                     (d)  have the animal or other thing in the person’s possession.

Maximum penalty:    100 penalty units.

             (3)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.

Subdivision 3Safeguards for seized animal or property

47  Information notice and receipt for seized animal or property

             (1)  This section applies if, under this Part or under a warrant, an inspector seizes an animal or another thing, unless:

                     (a)  the inspector reasonably believes that there is no-one apparently in possession of the thing or the thing has been abandoned; or

                     (b)  the seized thing is not an animal and it would be impracticable or unreasonable to expect the inspector to account for the thing given its condition, nature and value.

             (2)  The inspector must, as soon as practicable after the seizure, give the person from whom the animal or thing was seized:

                     (a)  a receipt for the animal or thing that generally describes the animal or thing and its condition; and

                     (b)  an information notice about the decision to make the seizure.

             (3)  However, if:

                     (a)  for an animal—a person in charge of the animal;

                     (b)  for another thing—the owner or person in possession of the thing;

is not present at the place at which the seizure occurs, the receipt and information notice may be given by leaving them at the place in a conspicuous position and in a reasonably secure way.

             (4)  The information notice and receipt may:

                     (a)  be given in the same document; and

                     (b)  relate to more than one seized thing.

             (5)  The inspector may delay in giving the receipt and information notice if the inspector reasonably suspects that doing so may frustrate or otherwise hinder an investigation under this Act.

             (6)  However, the delay may be only for so long as the inspector continues to have that reasonable suspicion and remains in the vicinity of the place to keep it under observation.

48  Access to seized animal or property

             (1)  This section applies to an inspector who has, under this Part or under a warrant, seized an animal or thing until the animal or thing is forfeited or returned under this Part.

             (2)  The inspector must allow any owner of the animal or thing:

                     (a)  to inspect the animal or thing at any reasonable time and from time to time; and

                     (b)  if it is a document—to copy it.

             (3)  Subsection (2) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

             (4)  The inspection or copying must be provided free of charge.

49  Return of seized animal

             (1)  This section applies if an inspector has, under this Part or under a warrant, seized an animal.

             (2)  The inspector must, within 28 days after the seizure, return the animal to its owner unless:

                     (a)  the owner has, under this Part, agreed in writing to transfer ownership of it to the Commonwealth or a prescribed entity; or

                     (b)  the animal has been forfeited to the Commonwealth under this Part; or

                     (c)  an application has been made for a disposal or prohibition order in relation to the animal; or

                     (d)  continued retention of the animal is needed as evidence for a proceeding or proposed proceeding for an offence involving the animal; or

                     (e)  an animal welfare direction given in relation to the animal has not been complied with and the inspector is taking, or proposes to take, action to ensure the direction is complied with; or

                      (f)  the inspector reasonably believes the animal’s condition may require its destruction under section 61.

             (3)  If subsection (2)(c) applies, the inspector must promptly return the animal to its owner if the application for the disposal or prohibition order:

                     (a)  is withdrawn; or

                     (b)  has been finally decided or otherwise ended and a disposal or prohibition order has not been made in relation to the animal.

             (4)  If subsection (2)(d) applies, the inspector must promptly return the animal to its owner if its continued retention as evidence is no longer required.

             (5)  If subsection (2)(e) applies, the inspector must promptly return the animal to its owner if:

                     (a)  the animal welfare direction is complied with; or

                     (b)  the inspector ceases to take, or propose to take, action to ensure the direction is complied with.

             (6)  If subsection (2)(f) applies, the inspector must promptly return the animal to its owner if the inspector no longer believes the animal’s condition may require its destruction under section 61.

             (7)  Where an inspector returns a seized animal in accordance with this section, the inspector must ensure that:

                     (a)  suitable and appropriate transport and care is arranged to effect the return; and

                     (b)  the return to the owner is effected at a time that within reason is suitable to the owner.

             (8)  Nothing in this section affects a lien or other security over the animal.

50 Return of other seized property

             (1)  This section applies if:

                     (a)  an inspector has, under this Part or under a warrant, seized a thing other than an animal; and

                     (b)  the thing has some intrinsic value; and

                     (c)  the owner of the thing has not, under this Part, agreed in writing to transfer ownership of it to the Commonwealth or a prescribed entity; and

                     (d)  the thing has not been forfeited under this Part; and

                     (e)  a disposal order has not been made in relation to the thing.

             (2)  If no application has been made for a disposal order in relation to the thing, the inspector must return the thing to its owner:

                     (a)  generally—within the end of 6 months after the seizure; or

                     (b)  if a proceeding for an offence involving the thing is started within the 6 months—at the end of the proceeding and any appeal in relation to the proceeding.

             (3)  Despite subsection (2), the inspector must promptly return a thing seized as evidence to its owner if the inspector is satisfied that:

                     (a)  its continued retention as evidence is no longer required; or

                     (b)  its continued retention is not necessary to prevent the thing being used to continue or repeat the offence; or

                     (c)  it is lawful for the person to possess the thing.

             (4)  If an application has been made for a disposal order in relation to the thing, the inspector must promptly return the thing to its owner if the application:

                     (a)  is withdrawn; or

                     (b)  has been finally decided or otherwise ended and a disposal order has not been made in relation to the thing.

             (5)  Nothing in this section affects a lien or other security over the thing.

Subdivision 4Forfeiture

51  Power to forfeit

             (1)  This section applies if an animal or other thing has been seized under this Act.

             (2)  The Chair of the Authority may decide to forfeit the animal or thing to the Commonwealth if an inspector:

                     (a)  after making reasonable efforts, cannot return it to its owner; or

                     (b)  after making reasonable inquiries, cannot find its owner or, for an animal, any other person in charge of it; or

                     (c)  reasonably believes it is necessary to keep the animal or other thing to prevent it from being used in committing, or becoming the subject of, an animal welfare offence.

             (3)  For the purposes of subsection (2):

                     (a)  the period over which the efforts or inquiries are made must be at least 4 days; and

                     (b)  the inspector is not required to:

                              (i)  make efforts if it would be unreasonable to make efforts to return the animal or other thing to its owner; or

                             (ii)  make inquiries if it would be unreasonable to make inquiries to find the owner.

             (4)  Regard must be had to an animal or other thing’s condition, nature and value in deciding:

                     (a)  whether it is reasonable to make inquiries or efforts; and

                     (b)  if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

52  Information notice about forfeiture

             (1)  If, under subsection 51(2), an animal or other thing is forfeited, the Chair of the Authority must promptly give the person who owned it immediately before the forfeiture (the former owner) an information notice about the decision.

             (2)  However, subsection (1) does not apply if:

                     (a)  the decision was made under paragraph 51(2)(a) or (b); and

                     (b)  the place where the animal or other thing was seized is:

                              (i)  a public place; or

                             (ii)  a place at which the notice is unlikely to be read by the former owner.

             (3)  The information notice must state that the former owner may apply for a stay of the decision if he or she appeals under section 55 against the decision.

             (4)  If subsection (2) does not apply and the decision was made under paragraph 51(2)(a) or (b), the information notice may be given by leaving it at the place where the animal or other thing was seized, in a conspicuous position and in a reasonably secure way.

Subdivision 5Dealing with animal or property forfeited or transferred to Commonwealth or prescribed entity

53  When transfer takes effect

             (1)  An animal or other thing becomes the Commonwealth’s property if, under subsection 51(2), it is forfeited to the Commonwealth.

             (2)  If the owner of an animal or other thing agrees in writing to transfer ownership of the animal or thing to the Commonwealth or a prescribed entity, it becomes the property of the Commonwealth or entity when the Commonwealth or entity agrees in writing to the transfer.

54  How animal or property may be dealt with

             (1)  This section applies if, under section 53, an animal or other thing becomes the property of the Commonwealth or a prescribed entity.

             (2)  The Commonwealth or a prescribed entity may deal with the animal or other thing as it considers appropriate, including, for example, by destroying it or giving it away.

             (3)  However, the Commonwealth or a prescribed entity must not deal with the animal or other thing in a way that could prejudice the outcome of an appeal under this Act of which it is aware.

             (4)  Subsection (3) does not limit an inspector’s power under section 61 to destroy the animal.

             (5)  If the Commonwealth or a prescribed entity sells the animal or other thing, it may return the proceeds of the sale to the former owner of the animal or other thing, after deducting the costs of the sale and allowing for any costs it has previously recovered from the former owner.

             (6)  The Chair of the Authority may deal with the animal or other thing for the Commonwealth.

55  Appeal against forfeiture

             (1)  If an animal or thing is forfeited in accordance with this Subdivision, the owner of the animal or other thing may, whether or not an information notice has been given to the owner, appeal to the Chair of the Authority for the return of the animal or other thing.

             (2)  An appeal:

                     (a)  must be in writing in an approved form; and

                     (b)  must specify the grounds on which the appeal is made.

56  Where a person makes an appeal in accordance with section 55

                   The Chair must consider an appeal under section 55 expeditiously and either:

                     (a)  overturn the forfeiture; or

                     (b)  confirm the forfeiture;

and must cause the person to be notified in writing of the decision together with a statement of reasons for the decision.


 

Division 6Animal welfare directions

57  Application of Division

             (1)  This Division applies if an inspector reasonably believes:

                     (a)  a person has committed, is committing, or is about to commit, an animal welfare offence; or

                     (b)  an animal:

                              (i)  is not being cared for properly; or

                             (ii)  is experiencing undue pain; or

                            (iii)  requires veterinary treatment; or

                            (iv)  should not be used for work.

             (2)  This Division also applies if an animal has been seized under Subdivision 1 of Division 5.

58  Power to give animal welfare direction

             (1)  The inspector may give a written direction (an animal welfare direction) requiring stated action about the animal or its environment.

             (2)  The animal welfare direction may be given to:

                     (a)  a person in charge of the animal; or

                     (b)  a person whom the inspector reasonably believes is in charge of the animal; or

                     (c)  if the animal has been seized under Subdivision 1 of Division 5:

                              (i)  a person who, immediately before the seizure, was a person in charge of the animal; or

                             (ii)  a person whom the inspector reasonably believes was, immediately before the seizure, a person in charge of the animal.

             (3)  Without limiting subsection (1), the animal welfare direction may require a person to:

                     (a)  care for, or treat, the animal in a stated way;

                     (b)  provide the animal with stated accommodation, food, rest, water or other living conditions;

                     (c)  consult a veterinary surgeon about the animal’s condition before a stated time;

                     (d)  move the animal from the place where it is situated when the direction is given to another stated place for a purpose mentioned in paragraph (a), (b) or (c);

                     (e)  not to move the animal from the place where it is situated when the direction is given.

             (4)  However, an animal welfare direction may be given only if the inspector considers it to be necessary and reasonable in the interests of the animal’s welfare.

             (5)  The animal welfare direction may state how the person given the direction may show that the stated action has been taken.

59  Requirements for giving animal welfare direction

             (1)  An animal welfare direction must:

                     (a)  be in the approved form; and

                     (b)  describe:

                              (i)  the animal in a way that reasonably allows the person given the direction to identify it; or

                             (ii)  if the direction is given because the inspector reasonably believes a person has committed, is committing or is about to commit, an animal welfare offence—the type of animal to which the offence relates; and

                     (c)  state:

                              (i)  each requirement; and

                             (ii)  a time for the person to comply with each requirement; and

                     (d)  include an information notice about the decision to give the direction.

             (2)  Despite paragraph (1)(a), an animal welfare direction may be given orally if:

                     (a)  the inspector considers it to be in the interests of the animal’s welfare to give the direction immediately; and

                     (b)  for any reason it is not practicable to immediately give the direction in the approved form; and

                     (c)  the inspector gives the person an offence warning.

             (3)  If the direction is given orally, the inspector must confirm the direction by also giving it in the approved form as soon as practicable after giving it orally.

             (4)  An animal welfare direction may state that an inspector proposes, at a stated time or at stated intervals, to enter either of the following places where an animal the subject of the direction is kept, to check compliance with the direction:

                     (a)  a vehicle of which the person is the person in control;

                     (b)  another place of which the person is the occupier.

60  Failure to comply with animal welfare direction

             (1)  A person to whom an animal welfare direction has been given must not refuse or fail to comply with the direction.

Maximum penalty:    100 penalty units or imprisonment for 1 year.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.


 

Division 7Inspector’s power to destroy animals

61  Power of destruction

                   An inspector may destroy an animal, or cause it to be destroyed, if:

                     (a)  an inspector has seized the animal under this Part or the person in charge of the animal has given written consent to the destruction; and

                     (b)  the inspector reasonably believes that the animal is in pain to the extent that it is cruel to keep it alive.

62  Other duties

             (1)  An inspector must keep an inventory of all animals for which he or she has responsibility.

             (2)  Inspectors must keep prescribed records of their activities.

             (3)  Without affecting subsection (2), records must contain a brief account of each case, observations, corrective actions and other matters that may be important for the welfare of animals.

             (4)  A report in relation to each animal for which an inspector has responsibility must be submitted in the prescribed form by the inspector to the Authority.


 

Part 4Animal welfare offences

Division 1Breach of duty of care

63  Breach of duty of care prohibited

             (1)  A person in charge of an animal owes a duty of care to it.

             (2)  The person must not breach the duty of care.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (3)  For the purposes of subsection (2), a person breaches the duty only if the person does not take reasonable steps to ensure that:

                     (a)  the animal’s needs for:

                              (i)  food and water;

                             (ii)  accommodation or living conditions;

                            (iii)  treatment for disease or injury;

are provided for; and

                     (b)  any handling of the animal by the person, or caused by the person, is appropriate.

             (4)  In deciding what is appropriate for the purposes of paragraph (3)(b), regard must be had to:

                     (a)  the species, environment and circumstances of the animal; and

                     (b)  the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken.


 

Division 2Cruelty offences

64  Animal cruelty prohibited

             (1)  A person must not be cruel to an animal.

Maximum penalty:    1000 penalty units or imprisonment for 2 years.

             (2)  Without limiting subsection (1), a person is taken to be cruel to an animal if the person does any of the following to the animal:

                     (a)  causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable;

                     (b)  beats it so as to cause the animal pain;

                     (c)  abuses, terrifies, torments or worries it;

                     (d)  overdrives, overrides or overworks it;

                     (e)  uses on the animal an electrical device;

                      (f)  confines or transports it:

                              (i)  without appropriate preparation, including, for example, appropriate food, rest, shelter, exercise or water; or

                             (ii)  when it is unfit for the confinement or transport; or

                            (iii)  in a manner that causes injury, pain or undue stress to the animal; or

                            (iv)  in a way that is inappropriate for the animal’s welfare; or

                             (v)  in an unsuitable container or vehicle; or

                            (vi)  with lack of protection from the elements; or

                           (vii)  in conditions susceptible to infestation of food by rodents or insects;

                     (g)  kills it in a way that:

                              (i)  is inhumane; or

                             (ii)  causes it not to die quickly; or

                            (iii)  causes it to die in unreasonable pain;

                     (h)  unjustifiably, unnecessarily or unreasonably:

                              (i)  injures or wounds it; or

                             (ii)  overcrowds or overloads it; or

                            (iii)  overbreeds female dogs during the first estrus cycle:

                                        (A)  when the female dogs are not fully mature; or

                                        (B)  without sufficient rest between litters;

                      (i)  inbreeds dogs;

                      (j)  fails to provide proper veterinary care;

                     (k)  fails to socialise dogs with humans;

                      (l)  kills unwanted animals.

             (3)  For the purposes of this section, it is presumed that any breeder with more than 25 dogs is in violation of this section, unless the breeder is able to demonstrate the contrary to the satisfaction of the Chair of the Authority.

65  Alleviation of pain

             (1)  A person who injures an animal (not being an animal of which that person is in charge) must not, without reasonable excuse, fail to take reasonable steps (including, where appropriate, seeking veterinary treatment) to alleviate any pain suffered by the animal.

Maximum penalty:    50 penalty units.

             (2)  A person in charge of an animal must not, without reasonable excuse, fail to take adequate precautions to prevent the escape of the animal from custody or control.

Maximum penalty:    20 penalty units.


 

Division 3Prohibited conduct

66  Unreasonable abandonment

                   A person in charge of an animal must not abandon an animal unless the person has a reasonable excuse or the abandonment is authorised by law.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

67  Prohibited release

Intentional release

             (1)  A person in charge of an animal must not intentionally release an animal unless the person has a reasonable excuse or the release is authorised by law.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

Unintentional release

             (2)  A person in charge of an animal must not unintentionally release an animal unless the person has a reasonable excuse or the release is authorised by law.

Maximum penalty:    50 penalty units.

68  Causing captive animal to be injured or killed by dog

                   A person must not knowingly cause an animal in captivity to be injured or killed by a dog.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

69  Releasing animal for injury or killing by dog

                   A person must not release an animal if the release is:

                     (a)  to allow the animal to be injured or killed by a dog; or

                     (b)  in circumstances in which the animal is likely to be injured or killed by a dog unless the person takes reasonable steps to prevent the injury or killing.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

70  Keeping or using as kill or lure for blooding or coursing

                   A person must not keep or use an animal as a kill or lure:

                     (a)  for blooding a dog; or

                     (b)  to race or train a coursing dog.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

71  Possession of prohibited trap or spur unlawful

             (1)  A person must not possess any of the following (a prohibited trap or spur):

                     (a)  a trap prescribed under a regulation to be a prohibited trap;

                     (b)  a spur with sharpened or fixed rowels;

                     (c)  a cockfighting spur cap.

Maximum penalty:    100 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See section 13.3(3) of the Criminal Code.

             (3)  It is a reasonable excuse for a person to possess a prohibited trap or spur if:

                     (a)  it has been rendered inoperable for use as a prohibited trap or spur; and

                     (b)  the possession is for display or is part of a collection.

             (4)  In this section:

spur includes any device similar to a spur.

72  Use of prohibited trap or spur unlawful

                   A person must not use a prohibited trap or spur as a trap or spur.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

73  Baits or harmful substances

             (1)  A person, other than a person authorised under the following regime, must not, with the intention of injuring or killing an animal, administer to or feed the animal a substance that the person knows is harmful or poisonous to it unless:

                     (a)  a permit is issued; and

                     (b)  it has been assessed or is under assessment under the Environment Protection and Biodiversity Conservation Act 1999 by a public environment report or environmental impact assessment; and

                     (c)  there are no impacts caused on threatened species, migratory birds, or any matters of national environmental significance; and

                     (d)  baits laced by hand are laid by approved persons.

             (2)  All baits must be recorded and a register kept of all laid and recovered baits.

             (3)  Every baiting event must be audited to include:

                     (a)  estimated numbers of target species and deaths;

                     (b)  estimated numbers of non-target species deaths.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (4)  A person must not, with the intention of injuring or killing any animal, lay a bait or a substance that is harmful or poisonous to any animal.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (5)  In this section:

lay includes deposit, distribute, leave and throw.

74  Unlawfully allowing an animal to injure or kill another animal

                   A person in control of an animal (the first animal) must not unlawfully allow it to injure or kill another animal (the second animal).

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (2)  The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens:

                     (a)  the first animal was under the person’s immediate supervision; and

                     (b)  the person:

                              (i)  was aware of the second animal’s presence; and

                             (ii)  ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and

                            (iii)  did not take reasonable steps to prevent the injury or killing.

75  Cropping dogs’ ears

             (1)  A person, other than a veterinary surgeon, must not crop a dog’s ear.

Maximum penalty:    100 penalty units.

             (2)  A veterinary surgeon must not crop a dog’s ear for cosmetic purposes.

Maximum penalty:    100 penalty units.

             (3)  In this section:

crop a dog’s ear means to remove part of the ear to make the ear stand erect.

76  Docking dogs’ tails

             (1)  A person, other than a veterinary surgeon, must not dock a dog’s tail.

Maximum penalty:    100 penalty units.

             (2)  A veterinary surgeon must not dock a dog’s tail unless the veterinary surgeon reasonably considers that the docking is in the interests of the dog’s welfare.

Maximum penalty:    100 penalty units.

77  Debarking operations

             (1)  A person, other than a veterinary surgeon, must not perform an operation on a dog to prevent it from being able to bark or to reduce the volume of its bark (a debarking operation).

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (2)  A veterinary surgeon must not perform a debarking operation on a dog unless the veterinary surgeon:

                     (a)  reasonably considers that the operation is in the interests of the dog’s welfare; or

                     (b)  has been given a relevant nuisance abatement notice and the veterinary surgeon reasonably considers that the operation is the only way to comply with the notice without destroying the dog; or

                     (c)  has been given an appropriate notice and the surgeon reasonably considers that the operation is the only way to stop the dog’s barking from being a nuisance without destroying the dog.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (3)  For the purposes of paragraph (2)(c), an appropriate notice means a notice signed by each owner of the dog asking the veterinary surgeon to perform the operation and stating:

                     (a)  that, in the opinion of each owner, the dog’s barking is a nuisance;

                     (b)  that attempts have been made to prevent the dog’s barking from being a nuisance;

                     (c)  for each attempt:

                              (i)  the nature of the attempt; and

                             (ii)  enough details of the attempt to allow the veterinary surgeon to form a view under paragraph (2)(c);

                     (d)  that each attempt has been unsuccessful.

             (4)  In this section:

bark includes cry, howl and yelp.

nuisance, in relation to barking, means interference with the reasonable comfort, peace or privacy of any person.

78  Removal of cats’ claws

             (1)  A person, other than a veterinary surgeon, must not remove a cat’s claw.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (2)  A veterinary surgeon must not remove a cat’s claw unless the veterinary surgeon reasonably considers that the removal is in the interests of the cat’s health or in the interests of native wildlife.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

79  Docking tails of cattle or horses

             (1)  In this section animal means:

                     (a)  a head of cattle;

                     (b)  a horse.

             (2)  A person, other than a veterinary surgeon, must not dock an animal’s tail.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (3)  A veterinary surgeon must not dock an animal’s tail unless the veterinary surgeon reasonably considers that the docking is in the interests of the animal’s welfare.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

80  Mulesing of sheep

             (1)  In this section:

mulesing means the removal of wool-bearing skin from the crutch (hindquarters) of a sheep.

             (2)  A person must not engage in mulesing of sheep.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

81  Use for certain scientific purposes unlawful

                   A person must not, without the Authority’s written approval:

                     (a)  conduct the test commonly known as the Draize eye or skin irritancy test, or a similar test; or

                     (b)  conduct the test commonly known as the classical LD 50 test, or a similar test; or

                     (c)  use an animal for a scientific purpose if the use involves testing:

                              (i)  a cosmetic; or

                             (ii)  a sunscreen product; or

                            (iii)  an ingredient of a cosmetic or sunscreen product.

Maximum penalty:    300 penalty units or imprisonment for 1 year.


 

Division 4Prohibited events

82  Meaning of prohibited event

                   A prohibited event means:

                     (a)  a bullfight or organised event held for public entertainment in which a person provokes a bull in a way that is likely to cause it to charge;

                     (b)  a cockfight or dogfight or other event in which an animal fights, or is encouraged to fight, with another animal;

                     (c)  a canned hunt or other event in which an animal is killed in an enclosure to obtain a trophy;

                     (d)  coursing or any other event in which an animal is released from captivity to be hunted, injured or killed by another animal;

                     (e)  an event in which an animal is released from captivity to be hunted, or shot at by a person;

                      (f)  an event prescribed under a regulation held for public enjoyment or entertainment, with or without charge to anyone present, at which anyone participating in the event causes an animal pain.

83  Participation in prohibited event

             (1)  A person must not:

                     (a)  organise a prohibited event; or

                     (b)  knowingly:

                              (i)  permit a prohibited event to be organised; or

                             (ii)  supply an animal for use in a prohibited event; or

                            (iii)  supply premises for use for a prohibited event.

Maximum penalty:    300 penalty units or imprisonment for 1 year.

             (2)  In this section:

organise a prohibited event includes taking part in organising the event.

84  Presence at prohibited event

             (1)  A person must not be present at a prohibited event.

Maximum penalty:    150 penalty units or imprisonment for 1 year.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.


 

Division 5Regulated conduct

85  Obligation to exercise closely confined dogs

             (1)  A person in charge of a dog that is closely confined for a continuous period of 24 hours must ensure the dog is exercised or allowed to exercise itself for:

                     (a)  the next 2 hours; or

                     (b)  the next hour and for another hour in the next 24 hours.

Maximum penalty:    20 penalty units.

             (2)  Subsection (1) does not apply if the person has a reasonable excuse.

Note:          The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.

             (3)  In deciding for the purposes of subsection (1) whether a dog is closely confined, regard must be had to the dog’s age, physical condition and size.

86  Feral animals or pests

             (1)  This section applies to an offence if the act that constitutes the offence is:

                     (a)  an act done by a person to control a feral animal or pest, including, for example, by killing it; and

                     (b)  the act does not involve the use of a prohibited trap or spur.

             (2)  It is not an offence:

                     (a)  if the act that otherwise constitutes an offence is done in a way that causes the animal as little pain as is reasonable; and

                     (b)  the act does not damage or cause damage to eco-systems and causes no harm or damage to non-target species.

             (3)  In this section:

feral animal means an animal living in a wild state that is a member of a class of animals that usually live in a domestic state.

pest means:

                     (a)  a non-indigenous animal generally regarded as being a pest;

                     (b)  an animal declared under a regulation made under this or another Act to be a pest.

             (4)  An act that otherwise constitutes an offence under this Act is not an offence if the Chair determines that a feral animal or pest can be eradicated either:

                     (a)  completely; or

                     (b)  from a protected area; or

                     (c)  from an area deemed significant habitat for other species.

             (5)  An act that otherwise constitutes an offence under this Act is not an offence if the Chair determines that eradication measures are urgent.

87  Animals used to feed another animal

             (1)  An act that otherwise constitutes an offence under this Act is not an offence if:

                     (a)  the act that constitutes the offence involves a person using an animal (the food animal) as live food for another animal (the fed animal); and

                     (b)  the food animal and the fed animal are both lawfully kept by the person; and

                     (c)  the fed animal will only eat the food animal if it is alive; and

                     (d)  feeding the food animal to the fed animal is essential for the fed animal’s survival; and

                     (e)  the fed animal will only eat native species as lure food and no other.


 

Part 5Live exports

  

88  Limitation on live exports

             (1)  A person must not transport a live animal for commercial purposes from Australia without a permit issued by the Authority.

             (2)  This section has no effect on the export provisions of the Environment Protection and Biodiversity Conservation Act 1999.

Maximum penalty:    100 penalty units.

89  Export permits

             (1)  A person must apply to the Authority for a permit to transport live animals for commercial purposes from Australia.

             (2)  An application must be made at least 30 days before the proposed transportation.

             (3)  The Authority may grant a permit to an applicant only if the Authority is satisfied that:

                     (a)  the applicant will comply with the provisions of this section and any code of practice for exporting live animals approved by the Minister under the regulations; and

                     (b)  the applicant will make all facilities to be used in the transportation, including waiting areas to be used before and after the transportation, available for inspection by an inspector; and

                     (c)  an inspector will be able to inspect the facilities at the port of destination and, if the animals are exported for slaughter outside Australia, the abattoirs to be used for the slaughter of the animals; and

                     (d)  the applicant will employ, for the purpose of the transportation, the number of veterinary surgeons and competent stockpersons decided by the Authority; and

                     (e)  the applicant will allow an inspector to be present at the loading and unloading of the animals; and

                      (f)  the applicant will, if the Authority directs, allow an inspector to accompany the transportation of the animals.

             (4)  The Australian Standards for the Export of Live-stock is a code of practice for the purposes of paragraph (3)(a).

             (5)  The Authority must not issue a permit to an applicant unless the Authority is satisfied that the laws and codes of practice relating to animal welfare that operate in the country to which the animals are to be exported provide comparable animal welfare standards and protection to the laws of Australia.

             (6)  An inspector may detain a vessel until all the requirements for transportation are fulfilled.

             (7)  If an animal keeper, before the transportation to which a permit relates, fails to implement the provisions of this Act or to comply with any approved code of practice for exporting live animals, the Authority may, by written notice given to the holder, withdraw the permit.

             (8)  If, after granting a permit and before the transportation to which it relates, the Authority ceases to be satisfied of any of the matters specified in subsection (5), the Authority may, by written notice given to the holder, withdraw the permit.

90  Duties of veterinary surgeons

             (1)  A veterinary surgeon who accompanies a transportation of animals must keep records as prescribed of the welfare and comfort of the animals during the trans­portation and must submit a report of the records to the Authority within 2 weeks of returning to Australia.

(2)   A report under subsection (1) must include details of animal deaths and the physical condition of the animals during the transportation.

91  Liability

             (1)  Liability under this Act for the welfare of the animals remains with the seller of the animals unless legally passed on to an agent. Such a transfer of liability must be in writing and signed by both the seller and the agent.

             (2)  Liability under this Act remains with the seller or his or her agent during the entire act of transportation until the time of delivery.

             (3)  A person who is liable under subsection (1) may show that another person is liable for a particular act during transportation which resulted in the suffering or death of an animal.

             (4)  If liability cannot be clearly placed with a part­icular person, the liability must be jointly held by those persons against whom it can be reasonably assumed that such a liability may lie.


 

Part 6Imports of animal products

  

92  Limitation on import of animal products

             (1)  A person must not import animal products without a permit issued by the Authority.

             (2)  This section has no effect on the import provisions of the Environment Protection and Biodiversity Conservation Act 1999.

Maximum penalty:    100 penalty units.

93  Import permits

             (1)  A person must apply to the Authority for a permit to import animal products.

             (2)  An application must be made at least 30 days before the proposed importation.

(3)   The Authority must not issue a permit to an applicant unless the Authority is satisfied that the laws and codes of practice relating to animal welfare that operate in the country of origin of the animal products to be imported provide comparable animal welfare standards and protection to the laws of Australia.

94  Restricted imports—cat and dog fur

                   The Governor-General may not make regulations which reduce the restrictions on the importation of cat fur, dog fur or a cat or dog fur product specified in the amendment to the Customs (Prohibited Imports) Regulations 1956 made by Statutory Rules 2004 No. 142.


 

Part 7Labelling of animal products

  

95  Authority to develop draft code of practice

             (1)  Not less than 3 years after the commencement of this Act, the Authority must prepare and give to the Minister for approval a draft code of practice in relation to the labelling of animal products.

             (2)  It is the intention of the Parliament that the code of practice for the labelling of animal products establish a system of labelling that provides consumers with information about the methods used to produce animal products where those methods may influence consumer choice because of their impact on:

                     (a)  animal welfare; or

                     (b)  the health, safety, ethical or moral concerns or religious beliefs of consumers.

             (3)  In developing a draft code of practice, the Authority must consult with the community by inviting and considering written submissions from members of the public, and by convening public meetings in each State and internal Territory.

             (4)  This draft code of practice applies to both imported and domestic products.


 

Part 8Animals used for experimental purposes

  

96  Definitions

                   In this Part:

animal means an invertebrate or vertebrate animal other than a human being.

approved research is research approved under this Act.

pain refers to both psychological and physical pain and, in an animal, is taken to be the same sensation that an average, well human, having suffered the same trauma, would experience.

research means a critical or scientific inquiry, study, investigation or experimental test, including a procedure involving interference with an animal’s condition of well-being, where pain or distress is likely to occur.

research unit means premises on which animals are used in research and includes premises used for collecting, assembling, breeding, rearing or main­taining animals in connection with a research unit.

research unit operator means the person responsible for a research unit.

research worker means a person actively involved in research.

supply unit means premises other than a research unit that are used for the maintaining, breeding and rearing of animals and the collecting and assembling of animals pursuant to a contract between the operator of the supply unit and the operator of a research unit.

supply unit operator means the person responsible for a supply unit.

97  Offence to operate research unit or supply unit without a licence

A person must not operate a research unit or a supply unit without a licence under this Part.

Maximum penalty:           100 penalty units.

98  Offence to conduct research with animals other than in accordance with code of practice

             (1)  A person must not conduct research with animals other than in accordance with a code of practice published by the National Health and Medical Research Council.

Maximum penalty:    100 penalty units.

             (2)  For the purposes of this section, a code of practice published by the National Health and Medical Research Council includes the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes.

99  Matters of responsibility

             (1)  The Authority is responsible for the following matters in relation to the experimental use of animals:

                     (a)  issuing licences for approved research to a research worker;

                     (b)  issuing licences for the operation of a supply unit;

                     (c)  issuing licences for the operation of a research unit;

                     (d)  giving final approval and issuing licences to all research projects funded by a Commonwealth Department or program;

                     (e)  giving final approval and issuing licences to all research projects funded by a corporation of the kind mentioned in section 5 of this Act or an international corporation;

                      (f)  the preparation of an annual report to the Minister which includes:

                              (i)  the number of animals bred within each research unit and the number purchased or obtained from licensed supply unit operators in each year, broken down into the different species bred or brought in, and the names and addresses of the licensed supply unit operators; and

                             (ii)  the number of animals made available for research each year, and the number of animals used by species; and

                            (iii)  the number of animals utilised for breeding colony maintenance; and

                            (iv)  the number of animals surplus to requirements which were culled, and by what method; and

                             (v)  the number of deaths from disease or from unexplained causes; and

                            (vi)  the number of experiments and/or tests on live whole animals during the preceding twelve months; and

                           (vii)  the number of experiments or tests on live whole animals in which anaesthesia was administered; and

                           (viii)  the number of animals used per category of experiment or test (for example, cancer research, diagnostic procedures, medical and veterinary, standardisation of drugs, sera and vaccines, safety testing of household products, safety testing of cosmetics, testing of weapons, riot control and defence devices, safety testing of agricultural products, safety testing of industrial chemicals, toxicity testing of food additives and behavioural research);

                     (g)  advising inspectors on any matter relating to this Part;

                     (h)  assessing recommendations from inspectors or research unit operators for revocation of licences, and the revocation of such licences, temporarily or otherwise;

                      (i)  reporting and making recommendations regarding any extension of the use of animals by commercial interests, recognising that strict controls are necessary where the overall purpose of experiments is the pursuit of commercial enterprise;

                      (j)  giving the Minister continuing help and advice;

                     (k)  ensuring that the requirements of scientists are assessed by a competent authority;

                      (l)  ensuring that the public is aware that proposals for cruel experiments will be scrutinised;

                    (m)  providing a panel of persons with expertise in animal welfare and laboratory animal science to advise licensees;

                     (n)  actively encouraging, through grants and incentive schemes, research into alternatives to animal experimentation.

100  Data bank

             (1)  The Authority must establish a data bank of all experiments using animals, carried out in both Australia and overseas.

(2)   The Authority must establish a data bank of alternatives to experiments using animals that are carried out both in Australia and overseas.

101  Licences

             (1)  A person may apply to the Authority, in a form approved by the Authority, for a licence:

                     (a)  to operate a research unit; or

                     (b)  to operate a supply unit; or

                     (c)  to conduct a research project.

             (2)  The Authority must not grant a licence to a person unless the person undertakes in writing to comply with the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes issued by the National Health and Medical Research Council.

Note:          It is an offence under section 96 to conduct experiments other than in accordance with a code of practice.

             (3)  The Authority must not grant a licence to operate a research unit unless it is satisfied that the applicant will provide all pens, cages, compounds, tools, implements, buildings and dietary materials necessary to properly care for and handle animals in the research unit in compliance with the cruelty provisions of this Act.

             (4)  The Authority must not grant a licence to operate a supply unit unless it is satisfied that the applicant:

                     (a)  has proven experience in the proper care and handling of animals; and

                     (b)  possesses all pens, cages, compounds, vehicles, tools, implements, buildings and dietary materials necessary to properly care for and handle animals on his or her premises as specified in the regulations; and

                     (c)  has a veterinary surgeon readily available to provide care and regular inspections of the breeding and maintenance premises.

102  Public notice of licences

             (1)  The Authority must ensure that notices of an application for a licence are published in a newspaper circulating in the locality of a research unit and in a different newspaper circulating nationally.

             (2)  The notices must state the time and place at which the Authority will meet to consider whether to grant the licence.

103  Conditions of licences

                   A licence under this Part is subject to such conditions as the Authority determines and specifies in the licence.

104  Objections to licences

                   Any person is entitled to appear before the Authority to object to the proposed grant of a licence.

105  Suspension or revocation of licence

             (1)  The Authority may suspend or revoke a licence to operate a research unit or a supply unit if the Authority is satisfied on the inspection and recommendation of an inspector that:

                     (a)  the operator has failed to comply with a condition of the licence or this Act; or

                     (b)  the operator has not properly maintained any of the facilities, equipment or materials referred to in the regulations; or

                     (c)  the operator or any person employed by, or associated with, the operator, has failed to observe or carry out the provisions of this Act or some other law relating to cruelty, maltreatment or neglect of animals.

             (2)  The Authority may suspend or revoke another licence under this Part, if the operator has failed to comply with a condition of a licence.

106  Acquisition of animals for research

                   The research unit operator must not purchase or otherwise acquire an animal from any person for use in the research unit other than:

                     (a)  another licensed research unit operator; or

                     (b)  a licensed supply unit operator.

Maximum penalty:    50 penalty units.

107  Revoked licences

             (1)  If the Authority revokes a licence to operate a research unit, the Authority must not grant another licence to the operator before the end of one year after the revocation.

             (2)  In this section, operator includes both the organisation and the responsible individuals determined by the Authority.

108  Management of pain

             (1)  Every animal used in a research unit in any experiment that is likely to cause pain to the animal must be anaesthetised.

             (2)  The operator of a research unit must provide analgesics adequate to prevent an animal suffering pain during the period of its recovery from any procedure used in an experiment.

109  Notice of revocation, refusal or suspension of licence

                   If the Authority refuses to grant, or proposes to suspend or revoke, a licence it must give notice to the applicant or licensee, together with written reasons for its refusal or proposed suspension or revocation.

110  Annual report of research unit operator

                   A licensed research unit operator must submit an annual report to the Authority showing for each experiment:

                     (a)  the purpose of the experiment; and

                     (b)  the need (that is, does it duplicate other experiments and do the purposes justify it); and

                     (c)  commercial interests involved in the experiment; and

                     (d)  the number of animals bred within the unit and the number purchased or obtained from licensed supply unit operators in each year, broken down into the different species bred or brought in and the names and addresses of the licensed supply unit operators; and

                     (e)  the number of animals made available for research each year, and the number of animals used by species (for example, horses, dogs, cats, rodents, etc.); and

                      (f)  the number of animals utilised for breeding colony maintenance; and

                     (g)  the number of animals surplus to requirements which were culled and by what method; and

                     (h)  the number of deaths from disease or from unexplained causes; and

                      (i)  the number of experiments or tests on live whole animals during the preceding 12 months; and

                      (j)  the number of experiments or tests on live whole animals in which anaesthesia was administered; and

                     (k)  the number of animals used per category of experiment or test (for example, cancer research, diagnostic procedures, medical and veterinary, standardisation of drugs, sera and vaccines, safety testing of household products, safety testing of cosmetics, testing of weapons, riot control and defence devices, safety testing of agricultural products, safety testing of industrial chemicals, toxicity testing of food additives and behavioural research).

A matter may be excluded from an annual report on the basis of commercial-in-confidence only if the information reveals a trade secret or details a process or product under patent.

111  Annual report of supply unit operator

                   A licensed supply unit operator must submit an annual report to the Authority showing:

                     (a)  the number of each species bred; and

                     (b)  to whom the animals were sold or forwarded; and

                     (c)  the numbers of animals acquired by each purchaser; and

                     (d)  the numbers retained for breeding colony maintenance and the numbers culled; and

                     (e)  the number of deaths from disease or from unexplained causes; and

                      (f)  from where breeding animals are obtained.

112  Register

             (1)  The Authority must keep a register of persons registered to use animals for scientific purposes.

             (2)  The Authority may keep the register in the way in which the Authority considers appropriate, including, for example, in electronic form.

113  Registration details

             (1)  The register must state the following for each registered person:

                     (a)  the person’s name, address and licence number;

                     (b)  if the person is not an individual—the name of the principal executive officer of the registered entity;

                     (c)  any other information prescribed under the regulations.

             (2)  The register may include any other information which the Authority considers appropriate.

             (3)  The information recorded under subsections (1) and (2) in the register for a registered person is called the person’s registration details.

114  Inspection of register

                   The Authority must:

                     (a)  keep the register open for inspection, free of charge, by members of the public during office hours on business days at the Authority’s office; and

                     (b)  allow a person to take extracts, free of charge, from the register; and

                     (c)  give a person a copy of the register, or a part of it, on payment of the fee prescribed under the regulations.

115  False representations about registration

                   A person must not, in connection with the use of an animal for a scientific purpose, intentionally or recklessly falsely represent that the person or someone else is a registered person.

Maximum penalty:    150 penalty units.

116  Conditions for cancellation or suspension

             (1)  The Authority may cancel or suspend a person’s registration if an event mentioned in subsection (2) has occurred.

             (2)  For the purposes of subsection (1), the event is any of the following:

                     (a)  the registration was because of a materially false or misleading representation or declaration, made either orally or in writing;

                     (b)  the person has not complied with a registration condition;

                     (c)  the person has not paid a fee prescribed under this Act in relation to the registration;

                     (d)  if the person is an individual:

                              (i)  a disqualifying event happens in relation to the individual; or

                             (ii)  the individual becomes an undischarged bankrupt or, as a debtor, takes advantage of any law about bankruptcy or insolvent debtors;

                     (e)  if the person is a corporation:

                              (i)  a disqualifying event happens in relation to any of its executive officers or another corporation of which any of its executive officers is, or has been, an executive officer; or

                             (ii)  it becomes insolvent as defined under section 95A of the Corporations Act 2001.


 

Part 9Funding for animal research etc.

  

117  Prohibition on research funding

             (1)  The Commonwealth must not provide funding to any organisation that uses animals for:

                     (a)  research and development; or

                     (b)  promotional activities;

unless the Minister is satisfied that the organisation’s use of animals is consistent with the objects of this Act and does not contravene any code of practice established under the regulations.

             (2)  All organisations that receive commercial funding must publish all other funding sources.

             (3)  If an organisation receives Commonwealth funding and funding from Commonwealth sources, those sources of funding must be:

                              (i)  reported in applying for any Commonwealth funds; and

                             (ii)  published in the organisation’s annual report.


 

Part 10Administrative provisions

Division 1Staff

118  Staff

             (1)  The staff of the Authority are to be persons engaged under the Public Service Act 1999.

             (2)  The Chair has all the powers of a Secretary under the Public Service Act 1999 as they relate to the branch of the Australian Public Service comprising the Authority.

             (3)  The Authority may make arrangements with an authority of the Commonwealth or of a State or Territory for the services of officers of that authority to be made available for the purposes of the Authority.

119  Consultants

                   The Authority may engage consultants to assist it in the performance of its functions and the exercise of its powers.


 

Division 2Payments and application of money

120  Payments to the Authority

             (1)  There is payable to the Authority such money as is appropriated by the Parliament for the purposes of the Authority.

             (2)  The Authority may receive money paid to it by a State or Territory.

121  Application of money of the Authority

             (1)  The money of the Authority is to be spent only:

                     (a)  in paying or discharging costs, expenses and other obligations incurred in the performance of its functions; and

                     (b)  in paying remuneration and allowances payable under this Act.

122  Estimates

             (1)  The Authority must prepare estimates, in the form directed by the Minister, of its receipts and expenditure for:

                     (a)  each financial year; and

                     (b)  any other period specified by the Minister.

             (2)  The Authority must give the estimates to the Minister not later than a day directed by the Minister.

             (3)  The Authority’s money must be spent in accordance with the estimates approved by the Minister.


 

Division 3Procedure of the Authority

123  Authority to regulate its procedure

                   Subject to this Division, the procedure to be followed by the Authority is to be determined by the Chair.

124  Convening meetings

             (1)  The Chair is to convene such meetings of the Authority as he or she thinks necessary for the efficient performance of its functions.

             (2)  The Chair must convene a meeting if requested in writing to do so by at least 3 other members.

125  Presiding at meetings

             (1)  The Chair is to preside at all meetings at which he or she is present.

             (2)  If the Chair is not present at a meeting, the members present are to appoint a member to preside at that meeting.

126  Quorum

                   At a meeting, 5 members constitute a quorum.

127  Voting at meetings

             (1)  A question arising at a meeting is to be decided by a majority of the votes of the members present and voting.

             (2)  The person presiding at a meeting has a deliberative vote but does not have a casting vote.

128  Conduct and records of meetings

             (1)  The Authority may, subject to this Division, decide the procedure at meetings.

             (2)  The Authority must keep minutes of its meetings.


 

Division 4Administrative provisions

129  Delegation

                   The Authority may by instrument in writing delegate all or any of its powers to a member or a member of the staff of the Authority.

130  Remuneration and allowances

             (1)  A member of the Authority is to be paid the remuneration and allowances determined by the Remuneration Tribunal. If there is no determination in force, a member is to be paid such remuneration as is prescribed.

             (2)  A member is to be paid such other allowances as are prescribed.

             (3)  Remuneration and allowances payable to members are to be paid out of money appropriated by the Parliament for the purposes of the Authority.

             (4)  Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.

131  Leave of absence

             (1)  A member of the Authority has the recreation leave entitlements determined by the Remuneration Tribunal.

             (2)  The Minister may grant a member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

132  Resignation

                   A member of the Authority may resign by sending a signed notice of resignation to the Minister.

133  Disclosure of interests

             (1)  A member of the Authority who has a conflict of interest in relation to a matter being considered or about to be considered by the Authority must disclose the matters giving rise to that conflict to the Authority as soon as possible after becoming aware of the conflict.

             (2)  The member must not take part in the making of a decision by the Authority in relation to the matter unless the Authority, in the absence of the member, decides that there is no conflict of interest.

             (3)  For the purposes of this section, a member has a conflict of interest in relation to a matter being considered or about to be considered if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to the matter.

134  Ceasing to be Chair

                   If the Chair ceases to be a member of the Authority, the person ceases to be the Chair.

135  Termination of appointment

             (1)  The Minister may terminate the appointment of a member of the Authority for misbehaviour or physical or mental incapacity.

             (2)  The Minister must terminate the appointment of a member if:

                     (a)  the member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with his or her creditors; or

                            (iv)  makes an assignment of his or her remuneration for the benefit of his or her creditors; or

                     (b)  the member is absent, without reasonable excuse, from 3 consecutive meetings of the Authority.

             (3)  If a member is:

                     (a)  an eligible employee for the purposes of the Superannuation Act 1976; or

                     (b)  a member of the superannuation scheme established by deed under the Superannuation Act 1990;

the Minister may, with the member’s consent, retire the member from office on the grounds of physical or mental incapacity.

             (4)  In spite of anything in this Act, a member who:

                     (a)  is an eligible employee for the purposes of the Superannuation Act 1976; and

                     (b)  has not reached his or her retiring age within the meaning of that Act;

cannot be retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.

             (5)  In spite of anything in this Act, a member who:

                     (a)  is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and

(b)  is under 60;

cannot be retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.

136  Acting appointments

             (1)  The Minister may appoint a person to act as a member of the Authority:

                     (a)  during a vacancy in that office, whether or not an appointment has previously been made to the office; or

                     (b)  during a period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (2)  Anything done by or in relation to a person claiming to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ended.


Part 11Miscellaneous

137  Regulations

             (1)  The Governor-General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Regulations may prescribe civil or criminal penalties for the breach of a regulation.

 


Schedule 1A national animal welfare system

  

  

1  Objectives

                   In supporting the proposal for a national animal welfare system, the main objectives are to promote:

                     (a)  the humane treatment of animals so that the quality of life and manner of death of all animals which are under the control of humans reach an acceptable minimum standard; and

                     (b)  standards in relation to the housing, management, transport and slaughter of animals that take into account the physical, social and behavioural requirements of the relevant species; and

                     (c)  the international adoption of minimum standards by limiting Australia’s international trade in animals and animal products to trade with those countries that observe comparable standards.

2  Framework

                   The framework for a national animal welfare system is to consist of:

                     (a)  a Ministerial Council to oversee the National Animal Welfare Authority and be responsible for national policy formulation, strategic directions and priority setting, with decisions by the Ministerial Council to be made on the basis of voting by all of its members; and

                     (b)  a National Animal Welfare Authority to be responsible for regulating the treatment of animals and reporting to the Ministerial Council.

3  Roles and responsibilities of the key parties

The Ministerial Council

             (1)  The Ministerial Council will consist of one Minister from each State and Territory and the Commonwealth, responsible for primary industries, and will be chaired by the Commonwealth Minister.

             (2)  On the Ministerial Council, each State and Territory Minister will have one vote while the Commonwealth Minister will have two votes and a casting vote. All matters will be decided by a simple majority.

             (3)  The functions of the Ministerial Council are to include:

                     (a)  consenting to functions and powers to be conferred on the National Animal Welfare Authority; and

                     (b)  monitoring the operation of the National Animal Welfare Authority and receiving advice from the Authority; and

                     (c)  formulating policy and setting strategic directions and priorities in relation to animal welfare.

National Animal Welfare Authority

             (4)  The National Animal Welfare Authority has the functions specified in this Act and such other functions as are conferred on the Authority under the Act.


 

Schedule 2Definitions

   

 

1  Definitions

                   In this Act, unless the contrary intention appears:

animal is any of the following:

                     (a)  a live member of a vertebrate animal taxon;

                     (b)  if it is in the last half of gestation or development a live pre-natal or pre-hatched creature that is:

                              (i)  a mammalian or reptilian foetus;

                             (ii)  an avian, mammalian or reptilian pre-hatched young;

                     (c)  a live marsupial young;

                     (d)  a live invertebrate creature of a species, or a stage of the life cycle of a species, from the class Cephalopoda or Malacostraca prescribed under a regulation for this paragraph.

However, a human being or human foetus is not an animal. To remove any doubt, it is declared that the following are not animals:

                     (e)  the eggs, spat or spawn of a fish;

                      (f)  a pre-natal, larval or pre-hatched creature, other than a creature mentioned in paragraph (b);

                     (g)  another immature form of a creature, other than a creature mentioned in paragraph (b).

abattoir means any premises at which the slaughter of animals takes place for human consumption or pet food.

agent includes the transport company or any other person who has taken responsibility and therefore liability for the transportation of animals.

Agreement means any agreement made between the Commonwealth, the States and the Territories in relation to animal welfare.

animal keeper includes the seller of animals to be transported live, or their agent.

animal product means a product whose physical constituents were largely or wholly derived from slaughtered animals.

Authority means the National Animal Welfare Authority.

at a place includes in or on the place.

confine includes:

                     (a)  caging or keeping an animal in captivity in some other way;

                     (b)  maiming, mutilating or pinioning an animal or subjecting an animal to a device to hinder or prevent the animal’s free movement;

                     (c)  tethering an animal.

custody of an animal includes care and control of the animal.

debarking operation has the meaning given in section 77.

delivery means the assumption of responsibility demonstrated by some physical act of control made by the purchaser of the animals or their agent.

destroy an animal includes disposing of it after it has been killed.

duty of care for a person in charge of an animal means the duty imposed on the person.

enter includes:

                     (a)  for a place—to re-enter the place; and

                     (b)  for a vehicle—to board or re-board the vehicle.

entry requirement has the meaning given by section 30.

event includes competition, display and race.

exercise a power includes to exercise a power under an order, warrant or other authority issued under this Act.

humane methods of slaughter means methods whereby animals are rendered insensible to pain by mechanical, electrical, chemical or other means which are rapid and effective, before slaughter and before being shackled, hoisted, thrown, cast or cut.

inspector means a person who holds appointment as an inspector under this Act.

member means a member of the Authority.

Minister means the Commonwealth Minister with responsibility for primary industries.

Ministerial Council means the Animal Welfare Ministerial Council established in accordance with the Agreement.

prohibited event has the meaning given by section 81.

prohibited trap or spur has the meaning given by section 71.

slaughter an animal includes preparing it for slaughter.

supply includes:

                     (a)  to give or sell;

                     (b)  to possess for supply;

                     (c)  to offer or agree to give, sell or otherwise supply;

                     (d)  to cause or permit to be given, sold or otherwise supplied.

transportation includes loading, the waiting period during loading, transit, unloading at the point of destination, and the waiting period prior to delivery at the point of destination.

use includes:

                     (a)  to cause or permit to be used; and

                     (b)  for an animal:

                              (i)  to acquire, breed with, care for, dispose of or identify the animal; and

                             (ii)  to drive, load, ride, transport and work; and

                            (iii)  to accommodate or provide other living conditions for the animal; and

                     (c)  for premises—to keep, manage and occupy; and

                     (d)  for a trap—to set.

vehicle includes an aircraft, boat, trailer, train and tram.

veterinary treatment, of an animal, means:

                     (a)  consulting with a veterinary surgeon about the animal’s condition; or

                     (b)  a medical or surgical procedure performed on the animal by a veterinary surgeon;

                     (c)  a medical procedure of a curative or preventive nature performed on the animal by someone other than a veterinary surgeon if the procedure is performed under a veterinary surgeon’s directions.

welfare, of an animal, means issues about the health, safety or wellbeing of the animal.