Northern Territory Consolidated Acts

ANIMAL WELFARE ACT - SECT 4

In this Act, unless the contrary intention appears -

"adopted code of practice" means a code of practice adopted under section 24(1)(a) or an adopted code of practice as varied from time to time under section 24(1)(b);

"Advisory Committee" means the Animal Welfare Advisory Committee established under Part 7;

"animal" means -

(a) a live member of a vertebrate species including an amphibian, bird, mammal (other than a human being) and reptile;

(b) a live fish in captivity or dependent on a person for food; or

(c) a live crustacean if it is in or on premises where food is prepared for retail sale, or offered by retail sale, for human consumption;

"approved" means approved by the Authority;

"Authority" means the Animal Welfare Authority established under Part 4;

"cage" includes a pen, kennel, hutch and other similar receptacle;

"confine", in relation to an animal, means to restrict its freedom of movement, including -

(a) by enclosure in a cage, pit, yard, field or paddock; and

(b) by pinioning, mutilation, tethering or other manner of restraint;

"dock", for the tail of an animal, means the amputation of one or more coccygeal vertebrae of the animal;

"ethics committee" means an animal ethics committee established under Division 2 of Part 5;

"horse firing" means the application of thermal stimulus to the leg of a horse with the intention of causing tissue damage and the development of scar tissue around tendons and ligaments of the leg;

"inspector" means a person who is an animal welfare inspector under section 57 and includes a member of the Police Force when exercising the powers of an inspector under this Act;

"licence" means a licence to use premises for teaching or research;

"licensed premises" means premises in respect of which a licence is in force;

"officer" means an animal welfare officer appointed under section 58;

"permit" means a permit to conduct a teaching or research program;

"person in charge", in relation to an animal, includes -

(a) an owner of the animal; and

(b) a person who has the animal in his or her possession;

"pinioning" means disabling a bird's wing or removing part of a bird's wing but does not include trimming the feathers at the wing tip;

"possession" includes custody, care, control or supervision;

"premises" includes -

(a) land (including water on land);

(b) a permanent or temporary structure on land; and

(c) a vehicle;

"reasonable action", in relation to the treatment of an animal that is suffering, includes -

(a) obtaining veterinary treatment; and

(b) destroying the animal in a manner that causes it to die quickly and without unnecessary suffering;

"research" means an experiment, procedure, test or study in which an animal is used and includes subjecting an animal to surgical, medical, psychological, biological, chemical or physical treatment;

"sell" includes -

(a) barter or exchange;

(b) agree or attempt to sell;

(c) offer, expose, supply or receive for sale;

(d) send, forward or deliver for sale; and

(e) cause or permit to be sold;

"stock animals" includes cattle, buffaloes, horses (including mules and donkeys), sheep, deer, goats, camels, swine, crocodiles and poultry;

"suffering" includes pain and distress;

"teaching or research" means teaching or research involving the use or breeding of animals;

"vehicle" means -

(a) a conveyance or other device designed to be propelled or drawn by any means; or

(b) a device that runs on wheels or tracks (with or without motive power), including a caravan and trailer,

and includes -

(c) an aircraft; and

(d) a vessel as defined in the Marine Act ;

"veterinarian" means a registered veterinarian or registered veterinary specialist as defined in the Veterinarians Act ;

"veterinary treatment" means veterinary services as defined in the Veterinarians Act ;

"welfare" means health, safety and well-being.