ANIMAL CARE AND PROTECTION BILL 2001
Queensland ANIMAL CARE AND PROTECTION BILL 2001
Queensland ANIMAL CARE AND PROTECTION BILL 2001 TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY PART 1--INTRODUCTION 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 2--PURPOSES AND APPLICATION OF ACT Division 1--Purposes 3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 How purposes are to be primarily achieved . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2--Application 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Application of Act to State for protected or wild animals. . . . . . . . . . . . . . . 16 7 Relationship with certain other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 8 Aboriginal tradition and Island custom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 Act does not affect other rights or remedies . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 3--INTERPRETATION Division 1--Dictionary 10 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2--Key definitions 11 What is an "animal" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12 Meaning of a "person in charge" of an animal . . . . . . . . . . . . . . . . . . . . . . . 19 CHAPTER 2--CODES OF PRACTICE 13 Making codes of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 Tabling and inspection of documents adopted in codes of practice . . . . . . . 20
2 Animal Care and Protection Bill 2001 15 Regulation may require compliance with code of practice . . . . . . . . . . . . . . 21 16 Use of code of practice in proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 CHAPTER 3--GENERAL ANIMAL OFFENCES PART 1--BREACH OF DUTY OF CARE 17 Breach of duty of care prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 2--CRUELTY OFFENCES 18 Animal cruelty prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 19 Unreasonable abandonment or release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PART 3--PROHIBITED EVENTS Division 1--Preliminary 20 Meaning of "prohibited event" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2--Prohibitions 21 Participation in prohibited event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 22 Presence at prohibited event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 4--REGULATED SURGICAL PROCEDURES Division 1--Regulated procedures for dogs 23 Cropping dog's ear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 24 Docking dog's tail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 25 Debarking operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 2--Regulated procedures for other animals 26 Removal of cat's claw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 Docking tail of cattle or horse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 3--Restriction on supplying animals that have undergone a regulated surgical procedure 28 Restriction on supplying debarked dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 29 Other restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 PART 5--OTHER PROHIBITED AND REGULATED CONDUCT Division 1--Other offences relating to dogs 30 Causing captive animal to be injured or killed by dog . . . . . . . . . . . . . . . . . 29 31 Releasing animal for injury or killing by dog . . . . . . . . . . . . . . . . . . . . . . . . 29 32 Keeping or using kill or lure for blooding or coursing . . . . . . . . . . . . . . . . . 29 33 Obligation to exercise closely confined dogs . . . . . . . . . . . . . . . . . . . . . . . . 30
3 Animal Care and Protection Bill 2001 Division 2--Possession or use of certain traps or spurs 34 Possession of prohibited trap or spur unlawful . . . . . . . . . . . . . . . . . . . . . . . 30 35 Use of prohibited trap or spur unlawful . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3--Baits or harmful substances 36 Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 4--Allowing animal to injure or kill another animal 37 Unlawfully allowing an animal to injure or kill another animal . . . . . . . . . . 31 PART 6--EXEMPTIONS Division 1--Preliminary 38 Operation of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 2--Compliance with relevant code 39 Offences excluded from div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 40 Compliance with relevant code of practice or scientific use code. . . . . . . . . 33 Division 3--Other offence exemptions 41 Limits on application of offence exemptions under div 3 . . . . . . . . . . . . . . . 33 42 Feral or pest animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 43 Animals used to feed another animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Fishing using certain live bait . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 45 Slaughter under religious faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 46 Use of fishing apparatus under shark fishing contract. . . . . . . . . . . . . . . . . . 36 47 Supplying animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 CHAPTER 4--USING ANIMALS FOR SCIENTIFIC PURPOSES PART 1--PRELIMINARY 48 When an animal is used for "scientific purposes". . . . . . . . . . . . . . . . . . . . . 36 49 What is the "scientific use code". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 50 Definitions for ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART 2--REGISTRATION OF SCIENTIFIC USERS Division 1--Who must obtain registration 51 Requirement for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 2--Obtaining registration Subdivision 1--Registration applications 52 Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4 Animal Care and Protection Bill 2001 53 Chief executive may seek further documents or information . . . . . . . . . . . . 40 Subdivision 2--Deciding registration application 54 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 55 Criteria for decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 56 Registration conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Subdivision 3--Action after decision on registration application 57 Grant of registration application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 58 Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 59 Notice of refusal of registration application . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 3--Register of scientific users Subdivision 1--The register 60 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 61 Registration details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 62 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 63 False representations about registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Subdivision 2--Exemption from disclosure of registration details 64 Who may apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 65 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 66 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 67 Criteria for decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 68 Exemption may be limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 69 Notice of refusal of disclosure exemption application . . . . . . . . . . . . . . . . . 45 70 Effects of disclosure exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 4--Amendment, cancellation or suspension Subdivision 1--Amendment of registration details 71 Amendments for which proposed action notice not required . . . . . . . . . . . . 46 72 Amendments for which proposed action notice is required . . . . . . . . . . . . . 46 Subdivision 2--Cancellation or suspension of registration 73 Conditions for cancellation or suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 3--Procedure for amendment, cancellation or suspension 74 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 75 Notice of proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5 Animal Care and Protection Bill 2001 76 Considering representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 77 Decision on proposed action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 78 Notice and taking of effect of proposed action decision . . . . . . . . . . . . . . . . 49 Subdivision 4--Steps after amendment or suspension 79 Replacement of registration certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 80 Requirement to record suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 5--Investigation of applicants and registered persons 81 Application of div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 82 Animal welfare offence reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 83 Use of information in animal welfare offence report . . . . . . . . . . . . . . . . . . 51 84 Notice of use of information in animal welfare offence report . . . . . . . . . . . 51 85 Confidentiality of animal welfare offence reports. . . . . . . . . . . . . . . . . . . . . 52 86 Destruction of animal welfare offence reports . . . . . . . . . . . . . . . . . . . . . . . 52 Division 6--Miscellaneous provisions 87 Reporting obligations of registered persons . . . . . . . . . . . . . . . . . . . . . . . . . 53 88 Replacement registration certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 89 No transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 90 Surrender of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 PART 3--RESTRICTIONS ON SCIENTIFIC USERS 91 Use for scientific purposes must comply with code . . . . . . . . . . . . . . . . . . . 54 92 Use for certain scientific purposes unlawful . . . . . . . . . . . . . . . . . . . . . . . . . 54 93 Obtaining approval to use for unlawful scientific purpose . . . . . . . . . . . . . . 55 CHAPTER 5--CODE COMPLIANCE MONITORING PART 1--PRELIMINARY 94 Purposes of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 PART 2--MONITORING PROGRAMS 95 Chief executive may make monitoring program . . . . . . . . . . . . . . . . . . . . . . 56 96 Publication of draft monitoring program. . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 97 Comments to be considered before final program made. . . . . . . . . . . . . . . . 57 98 Final monitoring program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
6 Animal Care and Protection Bill 2001 PART 3--AUTHORISED OFFICERS Division 1--Appointment 99 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 100 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 101 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 59 102 When authorised officer ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . 59 103 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 2--Identity cards 104 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 105 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 106 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 4--POWERS OF AUTHORISED OFFICERS Division 1--General 107 General provisions about powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 2--Entry powers Subdivision 1--Entry to places other than vehicles 108 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 109 Procedure for entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 110 Procedure for other entries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Subdivision 2--Entry to vehicles 111 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 112 Procedure for entry without consent if person in control or occupier present 64 Division 3--Other powers 113 Certain inspectors' powers apply for entry . . . . . . . . . . . . . . . . . . . . . . . . . . 65 CHAPTER 6--INVESTIGATION AND ENFORCEMENT PART 1--INSPECTORS Division 1--Appointment 114 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 115 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 116 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 66 117 When inspector ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 118 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
7 Animal Care and Protection Bill 2001 Division 2--Identity cards 119 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 120 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 121 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 PART 2--POWERS OF INSPECTORS Division 1--Entry to places other than vehicles Subdivision 1--Entry powers 122 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 123 Limited entry power to provide relief to animal . . . . . . . . . . . . . . . . . . . . . . 70 Subdivision 2--Procedure for entry without warrant 124 Procedure for entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 125 Procedure for other entries without warrant . . . . . . . . . . . . . . . . . . . . . . . . . 71 Subdivision 3--Warrants 126 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 127 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 128 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 129 Warrants--procedure for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 2--Entry to vehicles Subdivision 1--Power to enter vehicles 130 Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 131 Procedure for entry without consent if person in control or occupier present 76 Subdivision 2--Powers to support entry 132 Power to stop vehicle that may be entered . . . . . . . . . . . . . . . . . . . . . . . . . . 77 133 Failure to comply with stop signal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 134 Power to require help to enter from person in control. . . . . . . . . . . . . . . . . . 77 135 Failure to comply with entry requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 3--Powers for entry to all places 136 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 137 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 138 Power to require reasonable help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 139 Failure to comply with help requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 140 Power to require person in control of vehicle to take action . . . . . . . . . . . . . 80
8 Animal Care and Protection Bill 2001 141 Failure to comply with action requirement . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 4--Seizure and forfeiture Subdivision 1--Powers of seizure 142 General power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 143 Seizing evidence under warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 144 Seizure for welfare of animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 145 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Subdivision 2--Powers to support seizure 146 Direction to person in charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 147 Failure to comply with seizure direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 148 Powers for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 149 Offence to tamper with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Subdivision 3--Safeguards for seized property 150 Information notice and receipt for seized property . . . . . . . . . . . . . . . . . . . . 84 151 Access to seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 152 Return of seized animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 153 Return of other seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Subdivision 4--Forfeiture 154 Power to forfeit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 155 Information notice about forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Subdivision 5--Dealing with property forfeited or transferred to State or prescribed entity 156 When transfer takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 157 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Division 5--Animal welfare directions 158 Application of div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 159 Power to give animal welfare direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 160 Requirements for giving animal welfare direction . . . . . . . . . . . . . . . . . . . . 91 161 Failure to comply with animal welfare direction . . . . . . . . . . . . . . . . . . . . . 92 Division 6--Inspector's power to destroy animals 162 Power of destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Division 7--Other powers 163 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
9 Animal Care and Protection Bill 2001 164 Failure to comply with personal details requirement . . . . . . . . . . . . . . . . . . 94 165 Power to require information about contravention . . . . . . . . . . . . . . . . . . . . 94 166 Failure to comply with information requirement . . . . . . . . . . . . . . . . . . . . . 94 167 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 168 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 95 169 Failure to comply with document production requirement . . . . . . . . . . . . . . 95 170 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 PART 3--NOTICE OF DAMAGE BECAUSE OF EXERCISE OF POWERS 171 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 172 Requirement to give notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 173 Content of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 CHAPTER 7--EVIDENCE AND LEGAL PROCEEDINGS PART 1--EVIDENCE Division 1--General evidentiary aids 174 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 175 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 176 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 177 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 2--Offence proceedings 178 Offences under Act are summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 179 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 180 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 181 Conduct of representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 PART 2--ORDERS RELATING TO ANIMAL WELFARE OFFENCES 182 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 183 Prohibition order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 184 Order against owner in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 185 Criteria for making disposal or prohibition order . . . . . . . . . . . . . . . . . . . . . 102 186 Procedure and powers for making disposal or prohibition order . . . . . . . . . 103 187 Contravention of prohibition order unlawful. . . . . . . . . . . . . . . . . . . . . . . . . 103 188 Review of certain prohibition orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
10 Animal Care and Protection Bill 2001 PART 3--REMEDIES 189 Recovery of seizure, compliance or destruction costs. . . . . . . . . . . . . . . . . . 104 190 Compensation because of animal welfare offence . . . . . . . . . . . . . . . . . . . . 105 191 Compensation because of exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 106 192 General provisions for orders under pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 PART 4--REVIEWS AND APPEALS Division 1--Review of decisions 193 Appeal process starts with review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 194 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 195 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 196 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 197 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 198 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Division 2--Appeals 199 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 200 Starting appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 201 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 202 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 203 Court's powers on appeal--general. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 204 Further powers for appeal about seizure or forfeiture . . . . . . . . . . . . . . . . . . 110 205 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 CHAPTER 8--GENERAL PROVISIONS PART 1--OTHER OFFENCES 206 Obstruction of authorised officer or inspector. . . . . . . . . . . . . . . . . . . . . . . . 111 207 Impersonation of authorised officer or inspector. . . . . . . . . . . . . . . . . . . . . . 112 208 False or misleading entry in document kept under Act . . . . . . . . . . . . . . . . . 112 209 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 112 210 Attempts to commit offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 PART 2--MISCELLANEOUS PROVISIONS 211 Minister may establish advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 212 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 213 Electronic applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
11 Animal Care and Protection Bill 2001 214 Electronic notices about applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 215 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 216 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 217 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 PART 3--REPEALS SAVINGS AND TRANSITIONAL PROVISIONS Division 1--Preliminary 218 Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 2--Repeal of Animals Protection Act 1925 219 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 220 Limited continuation of Animals Protection Regulation 1991 . . . . . . . . . . . 117 Division 3--Savings and transitional provisions 221 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 222 Orders under repealed Act, s 19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 223 Officers under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 Division 4--Expiry of pt 3 224 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 PART 4--AMENDMENTS Division 1--Amendment of Police Powers and Responsibilities Act 2000 225 Act amended in div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 226 Insertion of new ch 2, pt 6, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Division 2A--Animal welfare directions 65A Application of div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 65B Power to give animal welfare direction . . . . . . . . . . . . . . . . . . . . . . . 120 65C Requirements for giving animal welfare direction . . . . . . . . . . . . . . 121 65D Review and appeal for animal welfare direction . . . . . . . . . . . . . . . . 122 227 Amendment of s 66 (Power in relation to offences involving animals) . . . . 122 228 Insertion of new ss 66A and 66B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 66A Powers to provide relief to animal . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 66B Power to destroy animal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 229 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Division 2--Consequential amendments 230 Corrective Services Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
12 Animal Care and Protection Bill 2001 231 Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 127 DICTIONARY
2001 A BILL FOR An Act to promote the responsible care and use of animals and to protect animals from cruelty, and for other purposes
s1 14 s3 Animal Care and Protection Bill 2001 The Parliament of Queensland enacts-- 1 CHAPTER 1--PRELIMINARY 2 PART 1--INTRODUCTION 3 1 Short title 4 This Act may be cited as the Animal Care and Protection Act 2001. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 PART 2--PURPOSES AND APPLICATION OF ACT 8 Division 1--Purposes 9 3 Purposes of Act 10 The purposes of this Act are to do the following-- 11 (a) promote the responsible care and use of animals; 12 (b) provide standards for the care and use of animals that-- 13 (i) achieve a reasonable balance between the welfare of 14 animals and the interests of persons whose livelihood is 15 dependent on animals; and 16 (ii) allow for the effect of advancements in scientific knowledge 17 about animal biology and changes in community 18 expectations about practices involving animals; 19 (c) protect animals from unjustifiable, unnecessary or unreasonable 20 pain; 21
s4 15 s5 Animal Care and Protection Bill 2001 (d) ensure the use of animals for scientific purposes is accountable, 1 open and responsible. 2 4 How purposes are to be primarily achieved 3 The purposes are to be primarily achieved by the following-- 4 (a) providing for regulations about codes of practice for animal 5 welfare; 6 (b) allowing regulations to require compliance with codes of 7 practice; 8 (c) imposing a duty of care on persons in charge of animals; 9 (d) prohibiting certain conduct in relation to animals; 10 (e) requiring a person using an animal for scientific purposes to 11 comply with the scientific use code; 12 (f) providing for the registration of certain users of animals for 13 scientific purposes; 14 (g) providing for the appointment of authorised officers to monitor 15 compliance with compulsory code requirements and the 16 scientific use code; 17 (h) providing for the appointment of inspectors to investigate and 18 enforce this Act; 19 (i) allowing the Minister to establish an animal welfare advisory 20 committee or another body to advise the Minister on animal 21 welfare issues. 22 Division 2--Application 23 5 Act binds all persons 24 (1) Subject to sections 6 to 8, this Act binds all persons, including the 25 State and, to the extent the legislative power of the Parliament permits, the 26 Commonwealth and the other States. 27 (2) However, the Commonwealth or a State can not be prosecuted for an 28 offence against this Act. 29
s6 16 s8 Animal Care and Protection Bill 2001 6 Application of Act to State for protected or wild animals 1 This Act does not apply to the State for an animal only because it is-- 2 (a) a protected animal or an animal in the wild under the Nature 3 Conservation Act 1992; and 4 (b) the property of the State under that Act, another Act or the 5 common law.1 6 7 Relationship with certain other Acts 7 (1) This Act does not affect the application of-- 8 (a) the Fisheries Act 1994; or 9 (b) the Nature Conservation Act 1992; or 10 (c) the Racing and Betting Act 1980. 11 (2) A person who lawfully does an act, or makes an omission, authorised 12 under an Act mentioned in subsection (1) that would, but for this 13 subsection, constitute an offence under this Act, is taken not to commit the 14 offence by reason only of doing the act or making the omission. 15 (3) However, subsection (2) does not apply if the act is the use of an 16 animal for a scientific purpose. 17 8 Aboriginal tradition and Island custom 18 (1) This Act does not apply to or affect an act done, or omission made, 19 by-- 20 (a) an Aborigine under Aboriginal tradition; or 21 (b) a Torres Strait Islander under Island custom. 22 (2) However, if a regulation prescribes conditions for the doing the act, 23 or making the omission, subsection (1) only applies if the conditions have 24 been complied with. 25 1 See the Nature Conservation Act 1992, section 83 (Property in protected animals).
s9 17 s 11 Animal Care and Protection Bill 2001 (3) For the Statutory Instruments Act 1992, section 43,2 a proposed 1 regulation under subsection (2) is taken to be likely to impose appreciable 2 costs on the community or part of the community. 3 9 Act does not affect other rights or remedies 4 (1) This Act does not affect or limit a civil right or remedy that exists 5 apart from this Act, whether at common law or otherwise. 6 (2) Without limiting subsection (1), compliance with this Act does not 7 necessarily show that a civil obligation that exists apart from this Act has 8 been satisfied or has not been breached. 9 (3) In addition, a breach of the duty of care imposed under this Act does 10 not, of itself, give rise to an action for breach of statutory duty or another 11 civil right or remedy. 12 (4) This Act does not limit a court's powers under the Penalties and 13 Sentences Act 1992 or another law. 14 PART 3--INTERPRETATION 15 Division 1--Dictionary 16 10 Definitions 17 The dictionary in the schedule defines particular words used in this Act. 18 Division 2--Key definitions 19 11 What is an "animal" 20 (1) An "animal" is any of the following-- 21 (a) a live member of a vertebrate animal taxon; 22 2 Statutory Instruments Act 1992, section 43 (Preparation of regulatory impact statement)
s 11 18 s 11 Animal Care and Protection Bill 2001 1 Examples-- 2 · an amphibian 3 · a bird 4 · a fish 5 · a mammal, other than a human being 6 · a reptile. (b) a live pre-natal or pre-hatched creature as follows if it is in the 7 last half of gestation or development-- 8 (i) a mammalian or reptilian foetus; 9 (ii) an avian, mammalian or reptilian pre-hatched young; 10 (c) a live marsupial young; 11 (d) a live invertebrate creature of a species, or a stage of the life cycle 12 of a species, from the class Cephalopoda or Malacostraca 13 prescribed under a regulation for this paragraph. 14 15 Examples of creatures of the class Cephalopoda-- 16 · octopi 17 · squid. 18 Examples of creatures of the class Malacostraca-- 19 · crabs 20 · crayfish 21 · lobsters 22 · prawns. (2) However, a human being or human foetus is not an animal. 23 (3) To remove any doubt, it is declared that the following are not 24 animals-- 25 (a) the eggs, spat or spawn of a fish; 26 (b) a pre-natal, larval or pre-hatched creature, other than a creature 27 mentioned in subsection (1)(b) or (c); 28 (c) another immature form of a creature, other than a creature 29 mentioned in subsection (1)(a) to (c). 30
s 12 19 s 13 Animal Care and Protection Bill 2001 12 Meaning of a "person in charge" of an animal 1 (1) A person is a "person in charge" of an animal if the person-- 2 (a) owns or has a lease, licence or other proprietary interest in the 3 animal; or 4 (b) has the custody of the animal; or 5 (c) is employing or has engaged someone else who has the custody 6 of the animal and the custody is within the scope of the 7 employment or engagement. 8 (2) Despite subsection (1)(a), a person who holds a mortgage or other 9 security interest in an animal only becomes a person in charge of the 10 animal if the person takes a step to enforce the mortgage or other security. 11 CHAPTER 2--CODES OF PRACTICE 12 13 Making codes of practice 13 (1) A regulation may make codes of practice about animal welfare.3 14 (2) Without limiting subsection (1), a code of practice may be made 15 about any of the following-- 16 (a) the care and handling of animals; 17 (b) the use of animals-- 18 (i) as companions; or 19 (ii) for commercial, entertainment, recreational, scientific or 20 other purposes; or 21 (iii) in any of the following-- 22 · aquaria 23 · boarding kennels 24 3 See the Statutory Instruments Act 1992, section 23 (Statutory instrument may make provision by applying another document) for the power by regulation to make provision for a matter, including, for example, a code of practice, by reference to another document.
s 14 20 s 14 Animal Care and Protection Bill 2001 · pet shops 1 · theme parks 2 · zoos; 3 (c) the performance of medical or surgical procedures on animals; 4 (d) the use of electric devices on animals; 5 (e) the transportation of livestock and other animals; 6 (f) animal slaughtering establishments and the preparation or 7 treatment of animals for human consumption; 8 (g) the snaring or trapping of animals; 9 (h) the control of animals that, under section 42, are feral or pest 10 animals; 11 (i) aquaculture or livestock production. 12 14 Tabling and inspection of documents adopted in codes of practice 13 (1) This section applies if-- 14 (a) a regulation that makes a code of practice adopts, applies or 15 incorporates the whole or a stated part of another document (the 16 "adopted provisions"); and 17 (b) the adopted provisions are not part of, or attached to, the 18 regulation. 19 (2) The Minister must, within 14 sitting days after the regulation is 20 gazetted, table a copy of the adopted provisions in the Legislative 21 assembly. 22 (3) If the adopted provisions are amended, the Minister must, within 23 14 sitting days after the amendment is made, table a copy of the provisions 24 as amended in the Legislative assembly. 25 (4) The chief executive must keep a copy of the adopted provisions, as in 26 force from time to time, open for inspection, free of charge, by members of 27 the public during office hours on business days at-- 28 (a) the department's head office; and 29 (b) other places the chief executive considers appropriate. 30 (5) A failure to comply with this section does not invalidate or otherwise 31 affect the regulation. 32
s 15 21 s 17 Animal Care and Protection Bill 2001 15 Regulation may require compliance with code of practice 1 (1) A regulation may require a person to comply with the whole or a 2 stated part of a code of practice. 3 (2) A requirement under subsection (1) is called a "compulsory code 4 requirement". 5 (3) A person to whom a compulsory code requirement applies must 6 comply with the requirement. 7 Maximum penalty for subsection (3)--300 penalty units. 8 16 Use of code of practice in proceeding 9 A code of practice is admissible in evidence in a proceeding for an 10 offence against this Act if it is relevant to the act or omission to which the 11 proceeding relates. 12 CHAPTER 3--GENERAL ANIMAL OFFENCES 13 PART 1--BREACH OF DUTY OF CARE 14 17 Breach of duty of care prohibited 15 (1) A person in charge of an animal owes a duty of care to it. 16 (2) The person must not breach the duty of care.4 17 Maximum penalty--300 penalty units or 1 year's imprisonment. 18 (3) For subsection (2), a person breaches the duty only if the person does 19 not take reasonable steps to-- 20 (a) provide the animal's needs for the following in a way that is 21 appropriate-- 22 (i) food and water; 23 (ii) accommodation or living conditions for the animal; 24 4 See also section 9 (Act does not affect other rights or remedies).
s 18 22 s 18 Animal Care and Protection Bill 2001 (iii) to display normal patterns of behaviour; 1 (iv) the treatment of disease or injury; or 2 (b) ensure any handling of the animal by the person, or caused by the 3 person, is appropriate. 4 (4) In deciding what is appropriate, regard must be had to-- 5 (a) the species, environment and circumstances of the animal; and 6 (b) the steps a reasonable person in the circumstances of the person 7 would reasonably be expected to have taken. 8 9 Examples of things that may be a `circumstance' for subsection (4)(b)-- 10 · a bushfire or another natural disaster 11 · a flood or another climatic condition. PART 2--CRUELTY OFFENCES 12 18 Animal cruelty prohibited 13 (1) A person must not be cruel to an animal. 14 Maximum penalty--1 000 penalty units or 2 years imprisonment. 15 (2) Without limiting subsection (1), a person is taken to be cruel to an 16 animal if the person does any of the following to the animal-- 17 (a) causes it pain that, in the circumstances, is unjustifiable, 18 unnecessary or unreasonable; 19 (b) beats it so as to cause the animal pain; 20 (c) abuses, terrifies, torments or worries it; 21 (d) overdrives, overrides or overworks it; 22 (e) uses on the animal an electrical device prescribed under a 23 regulation; 24 (f) confines or transports it-- 25 (i) without appropriate preparation, including, for example, 26 appropriate food, rest, shelter or water; or 27 (ii) when it is unfit for the confinement or transport; or 28
s 19 23 s 19 Animal Care and Protection Bill 2001 (iii) in a way that is inappropriate for the animal's welfare; or 1 2 Examples for subparagraph (iii)-- 3 · placing the animal, during the confinement or transport, with too 4 few or too many other animals or with a species of animal with 5 which it is incompatible 6 · not providing the animal with appropriate spells. (iv) in an unsuitable container or vehicle; 7 (g) kills it in a way that-- 8 (i) is inhumane; or 9 (ii) causes it not to die quickly; or 10 (ii) causes it to die in unreasonable pain; 11 (h) unjustifiably, unnecessarily or unreasonably-- 12 (i) injures or wounds it; or 13 (ii) overcrowds or overloads it. 14 19 Unreasonable abandonment or release 15 (1) A person in charge of an animal must not abandon or release an 16 animal unless the person has a reasonable excuse or the abandonment or 17 release is authorised by law. 18 Maximum penalty--300 penalty units or 1 year's imprisonment. 19 (2) A person must not, unless the person has a reasonable excuse, release 20 an animal from the custody of the person in charge of it. 21 Maximum penalty--300 penalty units or 1 year's imprisonment. 22 (3) In this section-- 23 "abandon", an animal, includes leaving it for an unreasonable period. 24
s 20 24 s 21 Animal Care and Protection Bill 2001 PART 3--PROHIBITED EVENTS 1 Division 1--Preliminary 2 20 Meaning of "prohibited event" 3 (1) A "prohibited event" means any of the following events-- 4 (a) a bullfight or organised event held for public entertainment in 5 which a person provokes a bull in a way that is likely to cause it 6 to charge; 7 (b) a cockfight or dogfight or other event in which an animal fights, 8 or is encouraged to fight, with another animal; 9 (c) coursing or another event in which an animal is released from 10 captivity to be hunted, injured or killed by another animal; 11 (d) an event in which an animal is released from captivity to be 12 hunted, or shot at by, a person without an appropriate 13 acclimatisation period between the release and the hunting to 14 reduce stress to the animal; 15 (e) an event prescribed under a regulation held for public enjoyment 16 or entertainment, with or without charge to anyone present, at 17 which anyone participating in the event causes an animal pain. 18 19 Example of causing an animal pain for paragraph (e)-- 20 Someone does, or attempts to, catch, fight or throw the animal. (2) However, conducting a rodeo is not a prohibited event merely 21 because of action taken in the rodeo to protect a competitor or other person 22 from an animal being used in the rodeo. 23 24 Example for subsection (2)-- 25 Using a `rodeo clown' to distract an animal being used in the rodeo from a competitor 26 or other person. Division 2--Prohibitions 27 21 Participation in prohibited event 28 (1) A person must not-- 29
s 22 25 s 23 Animal Care and Protection Bill 2001 (a) organise a prohibited event; or 1 (b) knowingly-- 2 (i) permit a prohibited event to be organised; or 3 (ii) supply an animal for use in a prohibited event; or 4 (iii) supply premises for use for a prohibited event. 5 Maximum penalty--300 penalty units or 1 year's imprisonment. 6 (2) In this section-- 7 "organise" a prohibited event includes taking part in organising the event. 8 22 Presence at prohibited event 9 A person must not be present at a prohibited event unless the person has 10 a reasonable excuse. 11 Maximum penalty--150 penalty units or 1 year's imprisonment. 12 PART 4--REGULATED SURGICAL PROCEDURES 13 Division 1--Regulated procedures for dogs 14 23 Cropping dog's ear 15 (1) A person, other than a veterinary surgeon, must not crop a dog's ear. 16 Maximum penalty--100 penalty units. 17 (2) A veterinary surgeon must not crop a dog's ear unless the surgeon 18 reasonably considers the cropping is in the interests of the dog's welfare. 19 Maximum penalty--100 penalty units. 20 (3) In this section-- 21 "crop", a dog's ear, means to remove part of the ear to make the ear stand 22 erect. 23
s 24 26 s 25 Animal Care and Protection Bill 2001 24 Docking dog's tail 1 (1) A person, other than a veterinary surgeon, must not dock a dog's tail 2 unless the docking is done in a way prescribed under a regulation. 3 Maximum penalty--100 penalty units. 4 (2) A veterinary surgeon must not dock a dog's tail unless-- 5 (a) the surgeon reasonably considers the docking is in the interests 6 of the dog's welfare; or 7 (b) the docking is done in a way prescribed under a regulation. 8 Maximum penalty--100 penalty units. 9 25 Debarking operations 10 (1) A person, other than a veterinary surgeon, must not perform an 11 operation on a dog to prevent it from being able to bark or to reduce the 12 volume of its bark (a "debarking operation"). 13 Maximum penalty--300 penalty units or 1 year's imprisonment. 14 (2) A veterinary surgeon must not perform a debarking operation on a 15 dog unless the surgeon-- 16 (a) reasonably considers the operation is in the interests of the dog's 17 welfare; or 18 (b) has been given a relevant nuisance abatement notice and the 19 surgeon reasonably considers the operation is the only way to 20 comply with the notice without destroying the dog; or 21 (c) has been given an appropriate notice and the surgeon reasonably 22 considers the only way to stop the dog's barking from being a 23 nuisance, without destroying the dog, is to perform the operation. 24 Maximum penalty--300 penalty units or 1 year's imprisonment. 25 (3) For subsection (2)(c), an appropriate notice means a notice signed by 26 each owner of the dog asking the veterinary surgeon to perform the 27 operation and stating each of the following-- 28 (a) that, in the opinion of each owner, the dog's barking is a 29 nuisance; 30 (b) attempts have made to prevent the dog's barking from being a 31 nuisance; 32
s 26 27 s 26 Animal Care and Protection Bill 2001 (c) for each attempt-- 1 (i) the nature of the attempt; and 2 (ii) enough details of the attempt to allow the veterinary 3 surgeon to form a view under subsection (2)(c); 4 (d) that each attempt has been unsuccessful. 5 6 Example of an `attempt'-- 7 Behavioural approaches taken in consultation with a veterinary surgeon or 8 animal behaviour expert. (4) In this section-- 9 "bark" includes cry, howl and yelp. 10 "nuisance", for barking, means interference with the reasonable comfort, 11 peace or privacy of anyone. 12 "relevant nuisance abatement notice" means the original, or a copy, of a 13 notice as follows relating to the dog-- 14 (a) a nuisance abatement notice under the Environmental Protection 15 Act 1994 (an "EPA notice"); 16 (b) a notice, however called, under a local law if the notice-- 17 (i) complies, or substantially complies, with the requirements 18 for an EPA notice; or 19 (ii) has the same, or substantially the same, purpose as an EPA 20 notice.5 21 Division 2--Regulated procedures for other animals 22 26 Removal of cat's claw 23 (1) A person, other than a veterinary surgeon, must not remove a cat's 24 claw. 25 5 For EPA notices generally, see the Environmental Protection Regulation 1998, section 6O (Duty to investigate nuisance complaint) and part 2A, division 3 (Nuisance abatement notices). For the requirements for EPA notices, see section 6U (Requirements) of the regulation. For the purpose of an EPA notice, see sections 6B (Object of pt 2A) and 6C (How object is achieved) of the regulation.
s 27 28 s 29 Animal Care and Protection Bill 2001 Maximum penalty--300 penalty units or 1 year's imprisonment. 1 (2) A veterinary surgeon must not remove a cat's claw unless the 2 surgeon reasonably considers the removal is in the interests of the cat's 3 welfare. 4 Maximum penalty--300 penalty units or 1 year's imprisonment. 5 27 Docking tail of cattle or horse 6 (1) This section applies for an animal as follows-- 7 (a) cattle; 8 (b) a horse. 9 (2) A person, other than a veterinary surgeon, must not dock the 10 animal's tail. 11 Maximum penalty--300 penalty units or 1 year's imprisonment. 12 (3) A veterinary surgeon must not dock the animal's tail unless the 13 surgeon reasonably considers the docking is in the interests of the animal's 14 welfare. 15 Maximum penalty for subsection (3)--300 penalty units or 1 year's 16 imprisonment. 17 Division 3--Restriction on supplying animals that have undergone a 18 regulated surgical procedure 19 28 Restriction on supplying debarked dog 20 A person (the "supplier") must not supply someone else a dog that the 21 supplier knows has had a debarking operation performed on it unless the 22 supplier has given the other person a signed veterinary surgeon's certificate 23 stating the operation was performed under section 25. 24 Maximum penalty--150 penalty units or 1 year's imprisonment. 25 29 Other restrictions 26 A person (the "supplier") must not supply someone else an animal as 27 follows unless the supplier has given the other person a signed veterinary 28
s 30 29 s 32 Animal Care and Protection Bill 2001 surgeon's certificate stating the procedure was performed in the interests of 1 the animal's welfare-- 2 (a) a dog that has had part of an ear removed to make the ear stand 3 erect;6 4 (b) a cat with a claw removed from it; 5 (c) a horse that has had its tail docked. 6 Maximum penalty--150 penalty units or 1 year's imprisonment. 7 PART 5--OTHER PROHIBITED AND REGULATED 8 CONDUCT 9 Division 1--Other offences relating to dogs 10 30 Causing captive animal to be injured or killed by dog 11 A person must not knowingly cause an animal in captivity to be injured 12 or killed by a dog. 13 Maximum penalty--300 penalty units or 1 year's imprisonment. 14 31 Releasing animal for injury or killing by dog 15 A person must not release an animal if the release is-- 16 (a) to allow the animal to be injured or killed by a dog; or 17 (b) in circumstances in which the animal is likely to be injured or 18 killed by a dog unless the person took reasonable steps to prevent 19 the injury or killing. 20 Maximum penalty--300 penalty units or 1 year's imprisonment. 21 32 Keeping or using kill or lure for blooding or coursing 22 A person must not keep or use an animal as a kill or lure-- 23 6 See section 23 (Cropping dog's ear).
s 33 30 s 34 Animal Care and Protection Bill 2001 (a) for blooding a dog; or 1 (b) to race or train a coursing dog. 2 Maximum penalty--300 penalty units or 1 year's imprisonment. 3 33 Obligation to exercise closely confined dogs 4 (1) A person in charge of a dog that is closely confined for a continuous 5 period of 24 hours must, unless the person has a reasonable excuse, ensure 6 the dog is exercised or allowed to exercise itself for-- 7 (a) the next 2 hours; or 8 (b) the next hour and for another hour in the next 24 hours. 9 Maximum penalty--20 penalty units. 10 (2) In deciding whether a dog is closely confined for subsection (1), 11 regard must be had to the dog's age, physical condition and size. 12 Division 2--Possession or use of certain traps or spurs 13 34 Possession of prohibited trap or spur unlawful 14 (1) A person must not possess any of the following (a "prohibited trap 15 or spur") unless the person has a reasonable excuse-- 16 (a) a trap prescribed under a regulation to be a prohibited trap; 17 (b) a spur with sharpened or fixed rowels; 18 (c) a cockfighting spur cap. 19 Maximum penalty--100 penalty units. 20 (2) It is a reasonable excuse to possess a prohibited trap or spur if-- 21 (a) it has been rendered inoperable for use as a prohibited trap or 22 spur; and 23 (b) the possession is for display or part of a collection. 24 (3) In this section-- 25 "spur" includes any device similar to a spur. 26
s 35 31 s 37 Animal Care and Protection Bill 2001 35 Use of prohibited trap or spur unlawful 1 A person must not use a prohibited trap or spur as a trap or spur. 2 Maximum penalty--300 penalty units or 1 year's imprisonment. 3 Division 3--Baits or harmful substances 4 36 Prohibitions 5 (1) A person, other than the following, must not, with the intention of 6 injuring or killing an animal, administer to, or feed, the animal a substance 7 that the person knows is harmful or poisonous to it-- 8 (a) an inspector; 9 (b) a prescribed entity; 10 (c) a veterinary surgeon. 11 Maximum penalty--300 penalty units or 1 year's imprisonment. 12 (2) A person must not, with the intention of injuring or killing any 13 animal, lay a bait or a substance that is harmful or poisonous to any animal. 14 Maximum penalty--300 penalty units or 1 year's imprisonment. 15 (3) In this section-- 16 "lay" includes deposit, distribute, leave and throw. 17 Division 4--Allowing animal to injure or kill another animal 18 37 Unlawfully allowing an animal to injure or kill another animal 19 (1) A person in control of an animal (the "first animal") must not 20 unlawfully allow it to injure or kill another animal (the "second animal"). 21 Maximum penalty--300 penalty units or 1 year's imprisonment. 22 (2) The person unlawfully allows the first animal to injure or kill the 23 second animal if immediately before the injury or killing happens-- 24
s 38 32 s 38 Animal Care and Protection Bill 2001 (a) the first animal was under the person's immediate supervision; 1 and 2 3 Example of `immediate supervision' for paragraph (a)-- 4 The first animal is within the person's sight. (b) the person-- 5 (i) was aware of the second animal's presence; and 6 (ii) ought reasonably to have suspected that the second animal 7 was immediately vulnerable to the first animal and was 8 likely to be injured or killed by it; and 9 (iii) did not take reasonable steps to prevent the injury or killing. 10 11 Examples of `reasonable steps' for subparagraph (iii)-- 12 1. If the first animal is a dog, putting the dog on a lead while the 13 second animal is vulnerable to it. 14 2. If the first animal is a cat, caging the cat while the second 15 animal is vulnerable to it. PART 6--EXEMPTIONS 16 Division 1--Preliminary 17 38 Operation of pt 6 18 (1) Sections 40 and 42 to 47 each provide an exemption (an "offence 19 exemption") to the offences created under this chapter for a proceeding 20 against a person for the offence. 21 (2) If an offence exemption applies to a particular act or omission, the 22 person does not commit the offence that would otherwise be committed by 23 the act or omission. 24 (3) The Justices Act 1886, section 76,7 applies to each exemption. 25 (4) This part does not limit another provision of this Act that creates an 26 exemption to which the Justices Act 1886, section 76, applies. 27 7 Justices Act 1886, section 76 (Proof of negative etc.)
s 39 33 s 41 Animal Care and Protection Bill 2001 Division 2--Compliance with relevant code 1 39 Offences excluded from div 2 2 This division does not apply to an offence-- 3 (a) against section 15;8 or 4 (b) to which division 3 applies. 5 40 Compliance with relevant code of practice or scientific use code 6 (1) It is an offence exemption for an offence if-- 7 (a) for an offence constituted by doing an act-- 8 (i) a code of practice or the scientific use code states 9 requirements for how the act may be carried out; and 10 (ii) the requirements, to the extent they are relevant to the act, 11 have been complied with; or 12 (b) for an offence constituted by making an omission-- 13 (i) a code of practice or the scientific use code states 14 circumstances in which the omission may be made; and 15 (ii) the stated circumstances for making the omission have 16 happened. 17 (2) However, if the provisions of the code about how an act may be done 18 or the circumstances in which the omission may be made are incomplete, it 19 is only an offence exemption if, in doing the act or making the omission, 20 the defendant complied with any duty of care the defendant owed to each 21 animal to which the act or omission relates. 22 Division 3--Other offence exemptions 23 41 Limits on application of offence exemptions under div 3 24 (1) This section applies if-- 25 8 Section 15 (Regulation may require compliance with code of practice)
s 42 34 s 42 Animal Care and Protection Bill 2001 (a) an offence exemption under this division would, other than for 1 this section, apply for an offence; and 2 (b) a code of practice states requirements for how the act that 3 constitutes the offence may be carried out. 4 (2) The offence exemption only applies if the provisions of the code, to 5 the extent they are relevant to the act, have been complied with. 6 (3) Also, if the provisions of the code about how an act may be done are 7 incomplete, it is only an offence exemption if, in doing the act, the 8 defendant complied with any duty of care the defendant owed to each 9 animal to which the act relates. 10 42 Feral or pest animals 11 (1) This section applies for an offence if the act that constitutes the 12 offence is-- 13 (a) an act done by a person to control a feral animal or pest animal, 14 including, for example, by killing it; and 15 (b) the act does not involve the use of a prohibited trap or spur. 16 (2) It is an offence exemption for the offence-- 17 (a) if the act is done in a way that causes the animal as little pain as 18 is reasonable; and 19 (b) the control complies with any conditions prescribed under a 20 regulation. 21 (3) In this section-- 22 "feral animal" means an animal living in a wild state that is a member of a 23 class of animals that usually live in a domestic state. 24 25 Examples of classes of animals that usually live in a domestic state-- 26 Buffalo, cats, dogs, donkeys, goats, horses and pigs. "pest animal" means any of the following-- 27 (a) a non-indigenous animal generally regarded as being a pest; 28 29 Examples-- 30 Black rats, brown rats and cane toads. (b) noxious fisheries resources under the Fisheries Act 1994; 31
s 43 35 s 45 Animal Care and Protection Bill 2001 (c) an animal declared under a regulation made under this or another 1 Act to be a pest; 2 (d) an animal required to be controlled under an Act; 3 (e) an animal the subject of a measure or program to control disease 4 under the Fisheries Act 1994, Stock Act 1915, Exotic Diseases in 5 Animals Act 1981 or another Act. 6 43 Animals used to feed another animal 7 It is an offence exemption for an offence for a person if-- 8 (a) the act that constitutes the offence involves using an animal (the 9 "food animal") as live food for another animal (the "fed 10 animal"); and 11 (b) the food animal and the fed animal are both lawfully kept by the 12 person; and 13 (c) the fed animal will only eat the food animal if it is alive; and 14 (d) feeding the food animal to the fed animal is essential for the fed 15 animal's survival. 16 44 Fishing using certain live bait 17 It is an offence exemption for an offence if-- 18 (a) the act that constitutes the offence involves the use of a live 19 creature as follows for bait or as a lure to take, or attempt to take, 20 fish-- 21 (i) a fish; 22 (ii) an invertebrate of a species from the class Cephalopoda or 23 Malacostraca; and 24 (b) the fishing or attempted fishing complies with any conditions 25 prescribed under a regulation. 26 45 Slaughter under religious faith 27 It is an offence exemption for an offence if-- 28 (a) the act that constitutes the offence involves the slaughter, under a 29 religious faith, of an animal; and 30
s 46 36 s 48 Animal Care and Protection Bill 2001 (b) the slaughtered animal is to be used for human food; and 1 (c) the person doing the slaughtering follows the religious faith. 2 46 Use of fishing apparatus under shark fishing contract 3 It is an offence exemption for an offence if-- 4 (a) the act that constitutes the offence is the use of fishing apparatus 5 under the Fisheries Act 1994; and 6 (b) the use is-- 7 (i) to protect persons from attack by sharks; and 8 (ii) carried out under an agreement between any person and the 9 State for the disposal, tagging or taking of sharks. 10 47 Supplying animal 11 It is an offence exemption for an offence if-- 12 (a) the act that constitutes the offence is supplying an animal;9 and 13 (b) the supply is-- 14 (i) by or for a prescribed entity; or 15 (ii) by an inspector for the State. 16 CHAPTER 4--USING ANIMALS FOR SCIENTIFIC 17 PURPOSES 18 PART 1--PRELIMINARY 19 48 When an animal is used for "scientific purposes" 20 (1) An animal is used for "scientific purposes" if it is used-- 21 9 See part 4, division 3 (Restriction on supplying animals that have undergone a regulated surgical procedure).
s 49 37 s 49 Animal Care and Protection Bill 2001 (a) in an activity performed to acquire, demonstrate or develop 1 knowledge or a technique in a scientific discipline; or 2 3 Examples of an `activity' for paragraph (a)-- 4 · diagnosis 5 · environmental studies 6 · field trials 7 · producing biological products 8 · product testing 9 · research 10 · teaching. (b) in connection with an activity mentioned in paragraph (a). 11 (2) However, despite subsection (1), banding a bird or tagging a fish is 12 not use of the bird or fish for scientific purposes. 13 (3) The use of an animal for scientific purposes also includes using any 14 of the remains of an animal that was killed for the purpose of carrying out 15 an activity mentioned in subsection (1). 16 49 What is the "scientific use code" 17 (1) The "scientific use code" means the most recent edition or revision 18 of the `Australian Code of Practice for the Care and Use of Animals for 19 Scientific Purposes', published by or for the National Health and Medical 20 Research Council. 21 (2) The chief executive must keep a copy of the most recent edition or 22 revision of the code as in force from time to time, open for inspection, free 23 of charge, by members of the public during office hours on business days 24 at-- 25 (a) the department's head office; and 26 (b) other places the chief executive considers appropriate. 27 (3) If a new edition or revision of the code is published, the Minister 28 must, within 14 sitting days after publication, table a copy of the edition or 29 revision in the Legislative Assembly. 30
s 50 38 s 50 Animal Care and Protection Bill 2001 (4) In this section-- 1 "published" includes publication on the internet website of the National 2 Health and Medical Research Council.10 3 50 Definitions for ch 4 4 In this chapter-- 5 "animal ethics committee" means an animal ethics committee formed 6 under the scientific use code. 7 "conviction" for an animal welfare offence, means a conviction for-- 8 (a) an animal welfare offence, the rehabilitation period for which 9 under the Criminal Law (Rehabilitation of Offenders) Act 1986 10 has not expired or been revived; or 11 (b) an offence against a law of the Commonwealth or another State 12 if-- 13 (i) the act or omission that constitutes the offence would, if it 14 happens in Queensland, be an animal welfare offence (the 15 "notional offence"); and 16 (ii) the rehabilitation period under the Criminal Law 17 (Rehabilitation of Offenders) Act 1986 for the notional 18 offence has not expired or been revived; or 19 (c) an offence committed anywhere in Australia before this part 20 commenced that, apart from the non-commencement of this part, 21 would have been an offence mentioned in paragraph (a) or (b). 22 "disqualifying event" means-- 23 (a) a conviction for an animal welfare offence; or 24 (b) the cancellation or suspension, under part 2, division 4, 25 subdivision 2, of registration; or 26 10 The most recent edition of the code at the commencement of this Act is the 6th edition, made in 1997. As at the commencement of this section, the most recent edition was published on the council's website at the following url:
s 51 39 s 52 Animal Care and Protection Bill 2001 (c) the cancellation or suspension, under a law of another State or 1 the Commonwealth, of an authority, instrument, licence permit 2 or registration, however called, that is the same as, or similar to, 3 registration under this chapter. 4 PART 2--REGISTRATION OF SCIENTIFIC USERS 5 Division 1--Who must obtain registration 6 51 Requirement for registration 7 (1) A person must not use an animal for a scientific purpose, or allow an 8 animal to be used for a scientific purpose unless the person is-- 9 (a) registered; or 10 (b) an individual retained by a registered person acting in the course 11 of the individual's retainer; or 12 (c) a student at a college, institute, school, university or other 13 institution that is registered and acting in the course of the 14 person's studies with the institution. 15 Maximum penalty--300 penalty units or 1 year's imprisonment. 16 (2) In this section-- 17 "retained" means employed or engaged, whether or not for remuneration. 18 Division 2--Obtaining registration 19 Subdivision 1--Registration applications 20 52 Applying for registration 21 (1) A person may apply to the chief executive for, or to renew, 22 registration (a "registration application"). 23 (2) A registration application must-- 24
s 53 40 s 54 Animal Care and Protection Bill 2001 (a) be made in the approved form; and 1 (b) state each of the following-- 2 (i) the applicant's name and address; 3 (ii) the name of each animal ethics committee proposed for the 4 applicant; 5 (iii) terms of reference for each committee; 6 (iv) if the applicant is not an individual--the person or office 7 holder to whom each proposed chairperson of each 8 committee must report; and 9 (c) be supported by enough other information to enable the chief 10 executive to decide the application; and 11 (d) be accompanied by the prescribed fee. 12 53 Chief executive may seek further documents or information 13 (1) The chief executive may, after a registration application has been 14 made, by notice, require the applicant to give the chief executive a stated 15 document or information that is relevant to the application. 16 (2) The notice may require the applicant to verify the correctness of the 17 document or information by statutory declaration. 18 Subdivision 2--Deciding registration application 19 54 Deciding application 20 The chief executive must consider and either grant or refuse each 21 registration application within 28 days after the last of the following events 22 to happen-- 23 (a) the making of the application; 24 (b) the chief executive's receipt of all necessary information to 25 decide the application; 26 (c) if, under section 53, the chief executive has required the 27 applicant to give a document or information--the giving of the 28 required document or information. 29
s 55 41 s 57 Animal Care and Protection Bill 2001 55 Criteria for decision 1 (1) The chief executive must not grant a registration application unless 2 the chief executive is satisfied the applicant and each animal ethics 3 committee proposed for the applicant is likely, if the applicant is registered, 4 to comply with the scientific use code. 5 (2) In considering the application, the chief executive must consider-- 6 (a) whether a disqualifying event has happened in relation to the 7 applicant or any proposed member of an animal ethics committee 8 for the applicant; and 9 (b) if the applicant is a corporation, whether a disqualifying event 10 has happened in relation to-- 11 (i) any of its executive officers; or 12 (ii) another corporation of which any of its executive officers is, 13 or has been, an executive officer; and 14 (c) another matter prescribed under a regulation. 15 (3) Subsections (1) and (2) do not limit the matters the chief executive 16 may consider. 17 56 Registration conditions 18 The chief executive may, in granting a registration application, impose 19 conditions on the registration that are relevant and reasonable 20 ("registration conditions"). 21 Subdivision 3--Action after decision on registration application 22 57 Grant of registration application 23 If a registration application is granted, the chief executive must as soon 24 as practicable-- 25 (a) comply with section 61 in relation to the applicant; and 26 (b) give the applicant a signed registration certificate in the approved 27 form. 28
s 58 42 s 61 Animal Care and Protection Bill 2001 58 Term of registration 1 (1) Registration is for a term that ends on the third anniversary of the day 2 the registration certificate for the registration was signed. 3 (2) The giving of a replacement registration certificate under section 79 4 or 88 does not affect or extend the term. 5 59 Notice of refusal of registration application 6 The chief executive must, as soon as practicable after making a decision 7 as follows about a registration application, give the applicant an 8 information notice about the decision-- 9 (a) a decision to refuse the application; 10 (b) a decision to impose a registration condition. 11 Division 3--Register of scientific users 12 Subdivision 1--The register 13 60 Register 14 (1) The chief executive must keep a register of persons registered to use 15 animals for scientific purposes. 16 (2) The chief executive may keep the register in the way the chief 17 executive considers appropriate, including, for example, in electronic form. 18 61 Registration details 19 (1) The register must state the following for each registered person-- 20 (a) the person's name, address and registered number; 21 (b) each of the following items of information from the person's 22 registration application-- 23 (i) each animal ethics committee for the person; 24 (ii) the terms of reference for each committee; 25
s 62 43 s 63 Animal Care and Protection Bill 2001 (iii) if the person is not an individual--the person or office 1 holder to whom each proposed chairperson of each 2 committee must report; 3 (c) other information prescribed under a regulation. 4 (2) The register may include other information the chief executive 5 considers appropriate. 6 (3) The information recorded under subsections (1) and (2) in the 7 register for a registered person is called the person's "registration 8 details". 9 62 Inspection of register 10 Subject to section 70,11 the chief executive must-- 11 (a) keep the register open for inspection, free of charge, by members 12 of the public during office hours on business days at the 13 department's office dealing with the administration of this Act; 14 and 15 (b) allow a person to take extracts, free of charge, from the register; 16 and 17 (c) give a person a copy of the register, or a part of it, on payment of 18 the fee prescribed under a regulation. 19 63 False representations about registration 20 A person must not, in connection with the use of an animal for a 21 scientific purpose, intentionally or recklessly falsely represent that the 22 person or someone else is a registered person. 23 Maximum penalty--150 penalty units. 24 11 Section 70 (Effects of disclosure exemption)
s 64 44 s 66 Animal Care and Protection Bill 2001 Subdivision 2--Exemption from disclosure of registration details 1 64 Who may apply 2 (1) A registered person or an applicant for registration may apply to the 3 chief executive for an exemption (a "disclosure exemption") for stated 4 registration details or proposed registration details for the person. 5 (2) However, a disclosure exemption can be given for the person's name 6 only if the person is an individual. 7 65 Requirements for application 8 A disclosure exemption application must be in the approved form and 9 state-- 10 (a) that the registration details, or proposed registration details, the 11 subject of the application are-- 12 (i) not required to be disclosed under another law of the State; 13 and 14 (ii) not publicly available; and 15 (b) that disclosure of the registration details is likely to disadvantage 16 the interests of the applicant or a stated member of an animal 17 ethics committee or proposed animal ethics committee for the 18 applicant; and 19 (c) the nature of the disadvantage. 20 66 Deciding application 21 The chief executive must consider each disclosure exemption application 22 and either grant or refuse the disclosure exemption applied for within 23 28 days after the last of the following events to happen-- 24 (a) the making of the application; 25 (b) if the applicant is not a registered person--the deciding of the 26 registration application to which the disclosure exemption 27 application relates. 28
s 67 45 s 70 Animal Care and Protection Bill 2001 67 Criteria for decision 1 The chief executive may grant a disclosure exemption only if the chief 2 executive is satisfied-- 3 (a) the registration details the subject of the exemption are-- 4 (i) not required to be disclosed under another law of the State; 5 and 6 (ii) not publicly available; and 7 (b) disclosure of the details is likely to disadvantage the interests of 8 the applicant or a member of an animal ethics committee or 9 proposed animal ethics committee for the applicant for the 10 exemption; and 11 (c) the disadvantage outweighs the public interest in the details 12 being disclosed. 13 68 Exemption may be limited 14 The chief executive may grant a disclosure exemption for the whole or 15 part of the registration details the subject of the relevant application. 16 69 Notice of refusal of disclosure exemption application 17 The chief executive must, as soon as practicable after making a decision 18 as follows about a disclosure exemption application, give the applicant an 19 information notice about the decision-- 20 (a) a decision to refuse the application; 21 (b) a decision to grant a disclosure exemption, but for only part of 22 the registration details the subject of the relevant application. 23 70 Effects of disclosure exemption 24 (1) The chief executive must not allow a person (the "first person") to 25 inspect, take extracts from or copy exempted material unless-- 26 (a) the relevant registered person has agreed in writing; or 27 (b) the first person is performing functions under or in relation to the 28 administration of this Act; or 29
s 71 46 s 72 Animal Care and Protection Bill 2001 (c) the disclosure is expressly permitted or required under another 1 Act. 2 (2) An official must not disclose exempted material acquired by the 3 official in the official's capacity as an official to anyone else, unless the 4 disclosure is made under subsection (1). 5 Maximum penalty--100 penalty units. 6 (3) In this section-- 7 "exempted material" means any of the following that the relevant 8 registered person has not publicly disclosed-- 9 (a) the registration details the subject of a disclosure exemption; 10 (b) a part of a document submitted, or proposed to be submitted, 11 under this Act that contains the details. 12 "official" means-- 13 (a) a person who is, or has been, a public service employee; or 14 (b) another person performing functions under or in relation to the 15 administration of this Act. 16 Division 4--Amendment, cancellation or suspension 17 Subdivision 1--Amendment of registration details 18 71 Amendments for which proposed action notice not required 19 The chief executive may amend a person's registration details at any 20 time by giving notice of the amendment and recording particulars of the 21 amendment in the register if the amendment-- 22 (a) is to correct a clerical or formal error; or 23 (b) does not adversely affect the person's interests; or 24 (c) is at the person's written request. 25 72 Amendments for which proposed action notice is required 26 The chief executive may amend a person's registration if-- 27
s 73 47 s 73 Animal Care and Protection Bill 2001 (a) the chief executive considers the amendment necessary or 1 desirable; and 2 (b) the procedure under subdivision 3 is followed. 3 Subdivision 2--Cancellation or suspension of registration 4 73 Conditions for cancellation or suspension 5 (1) The chief executive may cancel or suspend a person's registration 6 if-- 7 (a) an event mentioned in subsection (2) has happened; and 8 (b) the procedure under subdivision 3 is followed. 9 (2) For subsection (1), the event is any of the following-- 10 (a) the registration was because of a materially false or misleading 11 representation or declaration, made either orally or in writing; 12 (b) the person has not complied with a registration condition; 13 (c) the person has not paid a fee prescribed under this Act in relation 14 to the registration; 15 (d) if the person is an individual-- 16 (i) a disqualifying event happens in relation to the individual; 17 or 18 (ii) the individual becomes an undischarged bankrupt or, as a 19 debtor, takes advantage of any law about bankruptcy or 20 insolvent debtors; 21 (e) if the person is a corporation-- 22 (i) a disqualifying event happens in relation to any of its 23 executive officers or another corporation of which any of its 24 executive officers is, or has been, an executive officer; or 25 (ii) it becomes insolvent as defined under the Corporations Act, 26 section 95A;12 27 (f) a disqualifying event happens in relation to a member of an 28 animal ethics committee for the person; 29 12 Corporations Act, section 95A (Solvency and insolvency)
s 74 48 s 75 Animal Care and Protection Bill 2001 (g) an animal ethics committee for the person has not-- 1 (i) performed any of its functions under the scientific use code; 2 or 3 (ii) complied with the code to the extent it is relevant to the 4 committee. 5 Subdivision 3--Procedure for amendment, cancellation or suspension 6 74 Application of sdiv 3 7 This subdivision applies if the chief executive proposes to-- 8 (a) amend, under section 72, a person's registration details; or 9 (b) cancel or suspend a person's registration. 10 75 Notice of proposed action 11 (1) The chief executive must give the person a notice stating each of the 12 following-- 13 (a) the action (the "proposed action") the chief executive proposes 14 to take under this subdivision; 15 (b) the grounds for the proposed action; 16 (c) the facts and circumstances that are the basis for the grounds; 17 (d) if the proposed action is to amend registration details--the 18 proposed amendment; 19 (e) if the proposed action is to suspend the registration--the 20 proposed suspension period; 21 (f) that the holder may make, within a stated period, written 22 representations to show why the proposed action should not be 23 taken. 24 (2) The stated period must end at least 28 days after the holder is given 25 the notice. 26
s 76 49 s 78 Animal Care and Protection Bill 2001 76 Considering representations 1 (1) The chief executive must consider any written representation made 2 under section 75 by the person within the period stated in the notice. 3 (2) If the chief executive at any time decides not to take the proposed 4 action, the chief executive must promptly give the person notice of the 5 decision. 6 77 Decision on proposed action 7 If, after complying with section 76, the chief executive still believes a 8 ground exists to take the proposed action, the chief executive may decide 9 to-- 10 (a) if the proposed action was to amend registration details--make 11 the amendment; or 12 (b) if the proposed action was to suspend the registration for a stated 13 period--suspend the registration for no longer than the proposed 14 suspension period; or 15 (c) if the proposed action was to cancel the registration-- 16 (i) cancel the registration; or 17 (ii) suspend it for a fixed period. 18 78 Notice and taking of effect of proposed action decision 19 (1) The chief executive must, as soon as practicable after making a 20 decision under section 77, give the person an information notice about the 21 decision. 22 (2) The decision takes effect on the later of the following-- 23 (a) the day the notice is given to the holder; 24 (b) a later day of effect stated in the notice. 25 (3) However, if the decision was to cancel or suspend the registration 26 because of a conviction, the cancellation or suspension-- 27 (a) does not take effect until-- 28 (i) the period to appeal against the conviction ends; and 29
s 79 50 s 82 Animal Care and Protection Bill 2001 (ii) if an appeal is made against the conviction--the appeal is 1 finally decided or is otherwise ended; and 2 (b) has no effect if the conviction is quashed on appeal. 3 Subdivision 4--Steps after amendment or suspension 4 79 Replacement of registration certificate 5 If the chief executive amends a person's registration details, the chief 6 executive must, as soon as practicable after making the amendment, give 7 the person a replacement registration certificate that reflects the 8 amendment. 9 80 Requirement to record suspension 10 If a person's registration is suspended under this division, the chief 11 executive must record in the register particulars of when the suspension 12 period starts and ends. 13 Division 5--Investigation of applicants and registered persons 14 81 Application of div 5 15 This division applies if the chief executive is making a decision (the 16 "registration decision") about whether or not to-- 17 (a) grant a registration application; or 18 (b) take proposed action in relation to a person's registration. 19 82 Animal welfare offence reports 20 (1) The commissioner of the police service must, if asked by the chief 21 executive, give the chief executive a written report (an "animal welfare 22 offence report") about-- 23 (a) any convictions for animal welfare offences recorded against-- 24 (i) the applicant; or 25 (ii) the registered person; or 26
s 83 51 s 84 Animal Care and Protection Bill 2001 (iii) any member or proposed member of an animal ethics 1 committee for the applicant or registered person; and 2 (b) if the applicant or registered person is a corporation, whether a 3 disqualifying event has happened in relation to-- 4 (i) any of its executive officers; and 5 (ii) another corporation of which any of its executive officers is, 6 or has been, an executive officer. 7 (2) The report must be prepared from-- 8 (a) information in the commissioner's possession; and 9 (b) information the commissioner can reasonably obtain by asking 10 officials administering police services in other Australian 11 jurisdictions. 12 (3) However, subsection (2) is subject to the Criminal Law 13 (Rehabilitation of Offenders) Act 1986. 14 83 Use of information in animal welfare offence report 15 (1) This section applies if the chief executive is considering information 16 about a person contained in an animal welfare offence report. 17 (2) The information must not be used for any purpose other than to make 18 the registration decision. 19 (3) When making the decision, the chief executive must have regard to 20 the following matters relating to information about the commission of an 21 offence by the person-- 22 (a) when the offence was committed; 23 (b) the nature of the offence and its relevance to the decision. 24 84 Notice of use of information in animal welfare offence report 25 Before using information contained in an animal welfare offence report 26 to make the registration decision, the chief executive must-- 27 (a) disclose the information to the person to whom the report relates; 28 and 29 (b) allow the person a reasonable opportunity to make 30 representations to the chief executive about the information. 31
s 85 52 s 86 Animal Care and Protection Bill 2001 85 Confidentiality of animal welfare offence reports 1 (1) This section applies to a person who-- 2 (a) is, or has been, a public service employee; and 3 (b) has, in that capacity, acquired information or gained access to an 4 animal welfare offence report about someone else (the "second 5 person"). 6 (2) The person must not disclose the information, or give access to the 7 report, to anyone else. 8 Maximum penalty--100 penalty units. 9 (3) However, subsection (2) does not apply to the disclosure of the 10 information, or giving of access to the report is-- 11 (a) to an employee of the department for making the registration 12 decision; or 13 (b) with the second person's consent; or 14 (c) expressly permitted or required under another Act. 15 86 Destruction of animal welfare offence reports 16 (1) This section applies if the chief executive has obtained an animal 17 welfare offence report and the registration decision has been made. 18 (2) The chief executive must destroy the report as soon as practicable 19 after the later of the following-- 20 (a) if a conviction is mentioned in the report-- 21 (i) the end of the period to appeal against the conviction; or 22 (ii) the deciding or the ending of any appeal against the 23 conviction and any appeal from that appeal; 24 (b) the end of any period under this Act to appeal against, or apply 25 for a review of, the registration decision; 26 (c) the deciding or other ending of an appeal or review mentioned in 27 paragraph (b) and any appeal from that appeal or review. 28
s 87 53 s 88 Animal Care and Protection Bill 2001 Division 6--Miscellaneous provisions 1 87 Reporting obligations of registered persons 2 (1) Each registered person must, on or before 31 May in each year (the 3 "reporting day"), give the chief executive a written report (an "annual 4 report") for the period from the 1 May to the 30 April immediately before 5 the reporting day that complies with subsection (2). 6 Maximum penalty--150 penalty units. 7 (2) For subsection (1), an annual report must state-- 8 (a) information prescribed under a regulation about-- 9 (i) animals the person has used, or allowed to be used, for 10 scientific purposes; and 11 (ii) complaints, enquires and grievances about the use of 12 animals for scientific purposes; and 13 (b) another matter prescribed under a regulation about the scientific 14 use of animals by the person. 15 (3) The chief executive and the registered person may, by writing, agree 16 to change the reporting day to another day (the "new reporting day"). 17 (4) If the reporting day is changed-- 18 (a) the period from when the last annual report was given to the new 19 reporting day is taken to be a period for which an annual report 20 must be given under subsection (1); and 21 (b) subject to paragraph (a), the period mentioned in subsection (1) 22 is taken to be changed to the equivalent period that corresponds 23 with the change. 24 88 Replacement registration certificates 25 (1) A registered person may apply to the chief executive for a 26 replacement registration certificate if the person's registration certificate 27 has been damaged, destroyed or lost. 28 (2) The application must be in the approved form and accompanied by 29 the fee prescribed under a regulation. 30
s 89 54 s 92 Animal Care and Protection Bill 2001 (3) The chief executive may give the replacement certificate only if the 1 chief executive is satisfied the person's registration certificate has been 2 damaged, destroyed or lost. 3 89 No transfer of registration 4 A person's registration can not be transferred. 5 90 Surrender of registration 6 (1) A registered person may, by notice to the chief executive, surrender 7 the registration. 8 (2) The surrender takes effect on the later of the following-- 9 (a) the day the notice is given; 10 (b) a day stated in the notice for the surrender. 11 PART 3--RESTRICTIONS ON SCIENTIFIC USERS 12 91 Use for scientific purposes must comply with code 13 A person must not use an animal for a scientific purpose, or allow an 14 animal to be used for a scientific purpose, unless-- 15 (a) the use is approved by an animal ethics committee whose 16 registered terms of reference includes monitoring the use; and 17 (b) any requirements of the committee made under the scientific use 18 code in relation to the use have been complied with; and 19 (c) the provisions of the code, to the extent they are relevant to the 20 use, have been complied with. 21 Maximum penalty--300 penalty units or 1 year's imprisonment. 22 92 Use for certain scientific purposes unlawful 23 A person must not, without the chief executive's written approval-- 24
s 93 55 s 93 Animal Care and Protection Bill 2001 (a) conduct the test commonly known as the Draize eye or skin 1 irritancy test, or a similar test; or 2 (b) conduct the test commonly known as the classical LD 50 test, or 3 a similar test; or 4 (c) use an animal for a scientific purpose if the use involves-- 5 (i) a cosmetic; or 6 (ii) a sunscreen product; or 7 (iii) an ingredient of a cosmetic or sunscreen product. 8 Maximum penalty--300 penalty units or 1 year's imprisonment. 9 93 Obtaining approval to use for unlawful scientific purpose 10 (1) A registered person may apply to the chief executive for approval to 11 conduct a test or use an animal in a way mentioned in section 92. 12 (2) The application must be in the approved form and accompanied by 13 the fee prescribed under a regulation. 14 (3) The chief executive must consider and either grant or refuse the 15 application within 28 days after the making of the application. 16 (4) However, the chief executive may grant the application only if the 17 chief executive is satisfied-- 18 (a) the test or use has been approved by the animal ethics committee 19 whose registered terms of reference includes monitoring the test 20 or use; and 21 (b) any requirements of the committee made under the scientific use 22 code in relation to the test or use are likely to be complied with. 23 (5) Subsection (4) does not limit the matters the chief executive may 24 consider. 25 (6) If the application is granted, the approval takes effect on the later of 26 the following-- 27 (a) the day the applicant is given notice of the approval; 28 (b) a later day of effect stated in the notice. 29 (7) If the chief executive decides to refuse the application, the chief 30 executive must, after making the decision, as soon as practicable, give the 31 applicant an information notice about the decision. 32
s 94 56 s 95 Animal Care and Protection Bill 2001 CHAPTER 5--CODE COMPLIANCE MONITORING 1 PART 1--PRELIMINARY 2 94 Purposes of ch 5 3 (1) The purposes of this chapter are to-- 4 (a) ensure compliance with compulsory code requirements and the 5 scientific use code; and 6 (b) prevent animal suffering; and 7 (c) promote standards of animal care provided for under codes of 8 practice. 9 (2) The purposes are achieved by providing for-- 10 (a) authorised officers to monitor compulsory code requirements and 11 the scientific use code; and 12 (b) programs about carrying out the monitoring. 13 PART 2--MONITORING PROGRAMS 14 95 Chief executive may make monitoring program 15 (1) The chief executive may, by complying with the requirements of this 16 part, make a program stating requirements for authorised officers about 17 monitoring a compulsory code requirement or the scientific use code (a 18 "monitoring program"). 19 (2) However, a failure to comply with a requirement of this part does not 20 invalidate or otherwise effect the monitoring program. 21 (3) A monitoring program may be for any of the following-- 22 (a) more than 1 compulsory code requirement; 23 (b) compulsory code requirements under different codes of practice; 24 (c) a compulsory code requirement and the scientific use code. 25
s 96 57 s 98 Animal Care and Protection Bill 2001 96 Publication of draft monitoring program 1 (1) The chief executive must publish a notice of a draft monitoring 2 program in a newspaper likely to be read by people in the State particularly 3 affected by each compulsory code requirement or provision of the 4 scientific code to which the draft program relates (the "relevant code 5 provisions"). 6 (2) The notice must-- 7 (a) identify the relevant code provisions; and 8 (b) state the following-- 9 (i) where copies of the draft program may be inspected; 10 (ii) that any entity may comment about the draft program; 11 (iii) the period during which comments may be made. 12 (3) The notice may identify a compulsory code requirement by reference 13 to the regulation under which the requirement is a compulsory code 14 requirement. 15 (4) The stated period must be at least 28 days after the publication of the 16 notice. 17 (5) A copy of the draft program must be available free, or on payment of 18 a reasonable price, at the place, or each of the places, stated in the notice. 19 97 Comments to be considered before final program made 20 The chief executive must, before making a final monitoring program, 21 consider all comments received by the chief executive within the period 22 under section 96(2)(b)(iii) for making comments about the draft 23 monitoring program. 24 98 Final monitoring program 25 (1) The chief executive may make a final monitoring program only by 26 gazette notice. 27 (2) The chief executive must, as soon as practicable after making the 28 program, publish a notice of it in a newspaper likely to be read by people in 29 the State particularly affected by the relevant code provisions. 30 (3) The chief executive must keep copies of the program open for public 31 inspection during office hours on business days at-- 32
s 99 58 s 100 Animal Care and Protection Bill 2001 (a) the department's head office; and 1 (b) other places the chief executive considers appropriate. 2 PART 3--AUTHORISED OFFICERS 3 Division 1--Appointment 4 99 Appointment and qualifications 5 (1) The chief executive may appoint an individual as an authorised 6 officer. 7 (2) However, an individual may be appointed as an authorised officer 8 only if-- 9 (a) the individual is-- 10 (i) a public service officer or employee; or 11 (ii) included in a class of individuals declared under a 12 regulation to be an approved class of persons for this 13 section; and 14 (b) the chief executive is satisfied the individual has-- 15 (i) the necessary expertise or experience to be an authorised 16 officer; and 17 (ii) satisfactorily finished training approved by the chief 18 executive. 19 (3) Subsection (2) does not limit the issues the chief executive may 20 consider when deciding whether to appoint an individual as an authorised 21 officer. 22 100 Functions 23 The functions of an authorised officer are to-- 24 (a) monitor compliance with compulsory code requirements and the 25 scientific use code; and 26
s 101 59 s 102 Animal Care and Protection Bill 2001 (b) promote standards of animal care provided for under codes of 1 practice. 2 101 Appointment conditions and limit on powers 3 (1) An authorised officer holds office on any conditions stated in-- 4 (a) the officer's instrument of appointment; or 5 (b) a signed notice given to the officer; or 6 (c) a regulation. 7 (2) Without limiting subsection (1), the instrument of appointment, a 8 signed notice given to the officer or a regulation may-- 9 (a) limit the officer's functions or powers under this or another Act; 10 or 11 12 Example for paragraph (a)-- 13 The instrument of appointment, notice or regulation may limit the officer's 14 functions or powers to stated functions or powers in relation to a 15 compulsory code requirement or the scientific use code. (b) require the officer to give the chief executive stated information 16 or a report about the performance of the officer's functions or the 17 exercise of the officer's powers. 18 (3) In this section-- 19 "signed notice" means a notice signed by the chief executive. 20 102 When authorised officer ceases to hold office 21 (1) An authorised officer ceases to hold office if any of the following 22 happens-- 23 (a) the term of office stated in a condition of office ends; 24 (b) under another condition of office, the officer ceases to hold 25 office; 26 (c) the officer's resignation under section 103 takes effect. 27 (2) Subsection (1) does not limit the ways an officer may cease to hold 28 office. 29 (3) In this section-- 30 "condition of office" means a condition on which the officer holds office. 31
s 103 60 s 105 Animal Care and Protection Bill 2001 103 Resignation 1 (1) An authorised officer may resign by signed notice given to the chief 2 executive. 3 (2) However, if holding office as an authorised officer is a condition of 4 the authorised officer holding another office, the authorised officer may not 5 resign as an authorised officer without resigning from the other office. 6 Division 2--Identity cards 7 104 Issue of identity card 8 (1) The chief executive must issue an identity card to each authorised 9 officer. 10 (2) The identity card must-- 11 (a) contain a recent photo of the officer; and 12 (b) contain a copy of the officer's signature; and 13 (c) identify the person as an authorised officer under this Act; and 14 (d) state an expiry date for the card. 15 (3) This section does not prevent the giving of a single identity card to a 16 person for this Act and other purposes. 17 105 Production or display of identity card 18 (1) In exercising a power under this Act in relation to a person, an 19 authorised officer must-- 20 (a) produce the officer's identity card for the person's inspection 21 before exercising the power; or 22 (b) have the identity card displayed so it is clearly visible to the 23 person when exercising the power. 24 (2) However, if it is not practicable to comply with subsection (1), the 25 officer must produce the identity card for the person's inspection at the first 26 reasonable opportunity. 27 (3) For subsection (1), an officer does not exercise a power in relation to 28 a person only because the officer has entered a place as mentioned in 29 section 108(1)(b) or (2). 30
s 106 61 s 108 Animal Care and Protection Bill 2001 106 Return of identity card 1 A person who ceases to be an authorised officer must return the person's 2 identity card to the chief executive within 21 days after ceasing to be an 3 authorised officer unless the person has a reasonable excuse. 4 Maximum penalty--20 penalty units. 5 PART 4--POWERS OF AUTHORISED OFFICERS 6 Division 1--General 7 107 General provisions about powers 8 (1) An authorised officer has the powers given under divisions 2 and 3. 9 (2) However, an authorised officer may exercise a power only for the 10 purpose of a monitoring program. 11 (3) A person may hold appointment as an authorised officer and an 12 inspector. 13 (4) However, the person may only exercise the person's powers as an 14 inspector by complying with chapter 6, part 2. 15 Division 2--Entry powers 16 Subdivision 1--Entry to places other than vehicles 17 108 Power of entry 18 (1) An authorised officer may enter and stay at a place, other than a 19 vehicle, if-- 20 (a) its occupier consents to the entry; or 21 (b) it is a public place and the entry is made when it is open to the 22 public; or 23
s 109 62 s 109 Animal Care and Protection Bill 2001 (c) an authorised officer has given the occupier of the place at least 1 48 hours notice of the proposed entry; or 2 (d) its occupier has been given an animal welfare direction and the 3 entry is made at a time stated in the direction to check 4 compliance with the direction. 5 (2) For the purpose of asking the occupier of a place for consent to enter, 6 an authorised officer may, without the occupier's consent-- 7 (a) enter land around premises at the place to an extent that is 8 reasonable to contact the occupier; or 9 (b) enter part of the place the officer reasonably considers members 10 of the public ordinarily are allowed to enter when they wish to 11 contact the occupier. 12 (3) A notice under subsection (1)(c) must state-- 13 (a) the purpose of the entry; and 14 (b) that an authorised officer is permitted under this Act to enter the 15 place without the person's consent. 16 (4) In this section-- 17 "place" does not include a part of the place where a person resides. 18 109 Procedure for entry with consent 19 (1) This section applies if an authorised officer intends to ask an 20 occupier of a place to consent to the officer or another authorised officer 21 entering the place under section 108(1)(a). 22 (2) Before asking for the consent, the officer must tell the occupier-- 23 (a) the purpose of the entry; and 24 (b) that the occupier is not required to consent; and 25 (c) that the officer may, under section 108(1)(c), enter the place by 26 giving at least 48 hours notice of the proposed entry. 27 (3) If the consent is given, the officer may ask the occupier to sign an 28 acknowledgment of the consent. 29 (4) The acknowledgment must state-- 30 (a) the occupier has been told-- 31 (i) the purpose of the entry; and 32
s 110 63 s 110 Animal Care and Protection Bill 2001 (ii) that the occupier is not required to consent; and 1 (b) the purpose of the entry; and 2 (c) the occupier gives the officer or another authorised officer 3 consent to enter the place and exercise powers under this part; 4 and 5 (d) the time and date the consent was given. 6 (5) If the occupier signs the acknowledgment, the officer must promptly 7 give a copy to the occupier. 8 (6) If-- 9 (a) an issue arises in a proceeding about whether the occupier 10 consented to the entry; and 11 (b) an acknowledgment complying with subsection (4) for the entry 12 is not produced in evidence; 13 the onus of proof is on the person relying on the lawfulness of the entry to 14 prove the occupier consented. 15 110 Procedure for other entries 16 (1) This section applies if-- 17 (a) an authorised officer is intending to enter a place under 18 section 108(1)(b), (c) or (d); and 19 (b) the occupier of the place is present at the place. 20 (2) Before entering the place, the officer must do or make a reasonable 21 attempt to do the following things-- 22 (a) comply with section 10513 for the occupier; 23 (b) tell the occupier the purpose of the entry; 24 (c) tell the occupier the officer is permitted under this Act to enter 25 the place without the occupier's consent. 26 13 Section 105 (Production or display of identity card)
s 111 64 s 112 Animal Care and Protection Bill 2001 Subdivision 2--Entry to vehicles 1 111 Power of entry 2 An authorised officer may enter and stay in a vehicle if-- 3 (a) the person in control of the vehicle consents to the entry; or 4 (b) the vehicle is stationary and-- 5 (i) the officer reasonably suspects the vehicle is being, or has 6 recently been, used to transport an animal in connection 7 with the carrying out of a business; or 8 (ii) the person in control of the vehicle has been given an animal 9 welfare direction and the entry is made at a time stated in 10 the direction to check compliance with the direction. 11 112 Procedure for entry without consent if person in control or 12 occupier present 13 (1) This section applies if-- 14 (a) an authorised officer is intending to enter a vehicle under 15 section 111(b); and 16 (b) a person who is a person in control, or an occupier of, the vehicle 17 is present at the vehicle. 18 (2) Before entering the vehicle, the officer must do, or make a 19 reasonable attempt to do, each of the following things-- 20 (a) comply with section 10514 for the person; 21 (b) tell the person the purpose of the entry; 22 (c) seek the consent of the person to the entry; 23 (d) tell the person the officer is permitted under this Act to enter the 24 vehicle without the person's consent. 25 (3) If the person in control of the vehicle is not present at the vehicle, the 26 officer must take reasonable steps to advise the person or any registered 27 operator of the vehicle of the officer's intention to enter the vehicle. 28 14 Section 105 (Production or display of identity card)
s 113 65 s 113 Animal Care and Protection Bill 2001 (4) Subsection (3) does not require the officer to take a step the officer 1 reasonably believes may frustrate or otherwise hinder the performance of 2 the officer's functions or the purpose of the intended entry. 3 Division 3--Other powers 4 113 Certain inspectors' powers apply for entry 5 (1) This section applies if an authorised officer is entering, or has 6 entered, a place under division 2. 7 (2) However, if under section 108(2)15 an authorised officer enters a 8 place to ask the occupier's consent to enter premises, this section applies to 9 the officer only if the consent is given or the entry is otherwise authorised. 10 (3) The following provisions apply, with necessary changes, as if the 11 officer were an inspector, had entered the place under chapter 6 and were 12 exercising a power under that chapter-- 13 (a) sections 134, 135, 168 and 169; 14 (b) chapter 6, part 2, division 3, other than section 137(d); 15 (c) chapter 6, part 2, division 5; 16 (d) chapter 6, part 3.16 17 15 Section 108 (Power of entry) 16 Sections 134 (Power to require help to enter from person in control), 135 (Failure to comply with entry requirement), 137 (General powers), 168 (Power to require production of documents) and 169 (Failure to comply with document production requirement) Chapter 6, part 2, divisions 3 (Powers for entry to all places) and 5 (Animal welfare directions) Chapter 6, part 3 (Notice of damage because of exercise of powers)
s 114 66 s 116 Animal Care and Protection Bill 2001 CHAPTER 6--INVESTIGATION AND 1 ENFORCEMENT 2 PART 1--INSPECTORS 3 Division 1--Appointment 4 114 Appointment and qualifications 5 (1) The chief executive may appoint an individual as an inspector. 6 (2) However, an individual may be appointed as an inspector only if-- 7 (a) the individual is-- 8 (i) a public service officer or employee; or 9 (ii) employed by the Royal Society for the Prevention of 10 Cruelty to Animals Queensland Incorporated; or 11 (iii) included in a class of individuals declared under a 12 regulation to be an approved class of persons for this 13 section; and 14 (b) the chief executive is satisfied the individual has-- 15 (i) the necessary expertise or experience to be an inspector; or 16 (ii) satisfactorily finished training approved by the chief 17 executive. 18 (3) Subsection (2) does not limit the issues the chief executive may 19 consider when deciding whether to appoint an individual as an inspector. 20 115 Functions 21 The functions of an inspector are to investigate and enforce compliance 22 with this Act. 23 116 Appointment conditions and limit on powers 24 (1) An inspector holds office on any conditions stated in-- 25 (a) the inspector's instrument of appointment; or 26
s 117 67 s 118 Animal Care and Protection Bill 2001 (b) a signed notice given to the inspector; or 1 (c) a regulation. 2 (2) Without limiting subsection (1), the instrument of appointment, a 3 signed notice given to the inspector or a regulation may-- 4 (a) limit the inspector's functions or powers under this or another 5 Act; or 6 (b) require the inspector to give the chief executive stated 7 information or a report about the performance of the inspector's 8 functions or the exercise of the inspector's powers. 9 (3) In this section-- 10 "signed notice" means a notice signed by the chief executive. 11 117 When inspector ceases to hold office 12 (1) An inspector ceases to hold office if any of the following happens-- 13 (a) the term of office stated in a condition of office ends; 14 (b) under another condition of office, the inspector ceases to hold 15 office; 16 (c) the inspector's resignation under section 118 takes effect. 17 (2) Subsection (1) does not limit the ways an inspector may cease to hold 18 office. 19 (3) In this section-- 20 "condition of office" means a condition on which the inspector holds 21 office. 22 118 Resignation 23 (1) An inspector may resign by signed notice given to the chief 24 executive. 25 (2) However, if holding office as an inspector is a condition of the 26 inspector holding another office, the inspector may not resign as an 27 inspector without resigning from the other office. 28
s 119 68 s 121 Animal Care and Protection Bill 2001 Division 2--Identity cards 1 119 Issue of identity card 2 (1) The chief executive must issue an identity card to each inspector. 3 (2) The identity card must-- 4 (a) contain a recent photo of the inspector; and 5 (b) contain a copy of the inspector's signature; and 6 (c) identify the person as an inspector under this Act; and 7 (d) state an expiry date for the card. 8 (3) This section does not prevent the issuing of a single identity card to a 9 person for this Act and other purposes. 10 120 Production or display of identity card 11 (1) An inspector may exercise a power under this Act in relation to a 12 person only if the inspector-- 13 (a) first produces the inspector's identity card for the person's 14 inspection; or 15 (b) has the card displayed so that it is clearly visible to the person. 16 (2) However, if it is not practicable to comply with subsection (1), the 17 inspector must produce the identity card for the person's inspection at the 18 first reasonable opportunity. 19 (3) For subsection (1), an inspector does not exercise a power in relation 20 to a person only because the inspector has entered a place as mentioned in 21 section 122 (1)(b) or (2). 22 121 Return of identity card 23 A person who ceases to be an inspector must return the person's identity 24 card to the chief executive within 21 days after ceasing to be an inspector 25 unless the person has a reasonable excuse. 26 Maximum penalty--20 penalty units. 27
s 122 69 s 122 Animal Care and Protection Bill 2001 PART 2--POWERS OF INSPECTORS 1 Division 1--Entry to places other than vehicles 2 Subdivision 1--Entry powers 3 122 Power of entry 4 (1) An inspector may enter and stay at a place, other than a vehicle, if-- 5 (a) its occupier consents to the entry; or 6 (b) it is a public place and the entry is made when it is open to the 7 public; or 8 (c) the entry is authorised by a warrant; or 9 (d) its occupier has been given an animal welfare direction and the 10 entry is made at a time stated in the direction to check 11 compliance with the direction; or 12 (e) the inspector reasonably suspects-- 13 (i) an animal at the place has just sustained a severe injury; and 14 (ii) the injury is likely to remain untreated, or untreated for an 15 unreasonable period; or 16 (f) the inspector reasonably suspects there is an imminent risk of 17 death or injury to an animal at the place because of an accident or 18 from an animal welfare offence; or 19 20 Examples of `imminent risk of death or injury to an animal'-- 21 1. A dogfight involving, or apparently involving, an imminent risk of 22 death or injury to the dogs. 23 2. The beating or torture of an animal at the place. (g) the inspector reasonably suspects any delay in entering the place 24 will result in the concealment, death, or destruction of anything 25 at the place that is-- 26 (i) evidence of an animal welfare offence against this Act; or 27 (ii) being used to commit, continue or repeat, an offence. 28 (2) For the purpose of asking the occupier of a place for consent to enter, 29 an inspector may, without the occupier's consent or a warrant-- 30
s 123 70 s 124 Animal Care and Protection Bill 2001 (a) enter land around premises at the place to an extent that is 1 reasonable to contact the occupier; or 2 (b) enter part of the place the inspector reasonably considers 3 members of the public ordinarily are allowed to enter when they 4 wish to contact the occupier. 5 123 Limited entry power to provide relief to animal 6 (1) This section applies if-- 7 (a) an inspector reasonably suspects-- 8 (i) an animal at a place, other than a vehicle, is suffering from 9 lack of food or water or is entangled; and 10 (ii) the person in charge of the animal is not, or is apparently 11 not, present at the place; and 12 (b) the animal is not at a part of the place at which a person resides, 13 or apparently resides. 14 (2) The inspector may enter and stay at the place while it is reasonably 15 necessary to provide the food or water or to disentangle the animal. 16 (3) Before leaving the place, the inspector must leave a notice in a 17 conspicuous position and in a reasonably secure way stating the 18 following-- 19 (a) the inspector's name and business address or telephone number; 20 (b) the action taken by the inspector under subsection (2); 21 (c) when the action was taken. 22 (4) This section does not limit section 122. 23 Subdivision 2--Procedure for entry without warrant 24 124 Procedure for entry with consent 25 (1) This section applies if an inspector intends to ask an occupier of a 26 place to consent to the inspector or another inspector entering the place 27 under section 122(1)(a). 28 (2) Before asking for the consent, the inspector must tell the occupier-- 29 (a) the purpose of the entry; and 30
s 125 71 s 125 Animal Care and Protection Bill 2001 (b) that the occupier is not required to consent. 1 (3) If the consent is given, the inspector may ask the occupier to sign an 2 acknowledgment of the consent. 3 (4) The acknowledgment must state-- 4 (a) the occupier has been told-- 5 (i) the purpose of the entry; and 6 (ii) that the occupier is not required to consent; and 7 (b) the purpose of the entry; and 8 (c) the occupier gives the inspector or another inspector consent to 9 enter the place and exercise powers under this part; and 10 (d) the time and date the consent was given. 11 (5) If the occupier signs the acknowledgment, the inspector must 12 promptly give a copy to the occupier. 13 (6) If-- 14 (a) an issue arises in a proceeding about whether the occupier 15 consented to the entry; and 16 (b) an acknowledgment complying with subsection (4) for the entry 17 is not produced in evidence; 18 the onus of proof is on the person relying on the lawfulness of the entry to 19 prove the occupier consented. 20 125 Procedure for other entries without warrant 21 (1) This section applies if-- 22 (a) an inspector is intending to enter, under section 122(1)(d) to (g), 23 a place; and 24 (b) the occupier of the place is present at the place. 25 (2) Before entering the place, the inspector must do, or make a 26 reasonable attempt to do, the following things-- 27 (a) comply with section 12017 for the occupier; 28 (b) tell the occupier the purpose of the entry; 29 17 Section 120 (Production or display of identity card)
s 126 72 s 127 Animal Care and Protection Bill 2001 (c) tell the person the inspector is permitted under this Act to enter 1 the place without the occupier's consent or a warrant. 2 Subdivision 3--Warrants 3 126 Application for warrant 4 (1) An inspector may apply to a magistrate or a justice of the peace 5 (qualified) for a warrant for a place. 6 (2) However, an application can not be made to a justice who-- 7 (a) if the inspector is employed by the department--is employed by 8 the department; or 9 (b) if the inspector is not employed by the department--is employed 10 by the same person as the inspector. 11 (3) The application must be sworn and state the grounds on which the 12 warrant is sought. 13 (4) The magistrate or justice may refuse to consider the application until 14 the inspector gives the magistrate or justice all the information the 15 magistrate or justice requires about the application in the way the 16 magistrate or justice requires. 17 18 Example-- 19 The magistrate or justice may require additional information supporting the application 20 to be given by statutory declaration. 127 Issue of warrant 21 (1) A magistrate or justice of the peace (qualified) may issue a warrant 22 only if the magistrate or justice is satisfied there are reasonable grounds for 23 suspecting there is-- 24 (a) a need to enter the place for which the warrant is sought to 25 relieve an animal in pain at the place; or 26 (b) there is a particular animal or other thing or activity (the 27 "evidence") that may provide evidence of an offence against this 28 Act and the evidence is at the place, or, within the next 7 days, 29 may be at the place. 30 (2) The warrant must state-- 31
s 128 73 s 128 Animal Care and Protection Bill 2001 (a) that a stated inspector may-- 1 (i) enter the place and any other place necessary for entry; and 2 (ii) exercise the inspector's powers under this part; and 3 (b) either-- 4 (i) if the warrant is issued under subsection (1)(a)--the animal 5 or type of animal for which the warrant is given; or 6 (ii) if the warrant is issued under subsection (1)(b)--the offence 7 for which the warrant is sought; and 8 (c) the evidence that may be seized under the warrant; and 9 (d) the hours of the day or night when the place may be entered; and 10 (e) the date, within 7 days after the warrant's issue, the warrant ends. 11 128 Special warrants 12 (1) An inspector may apply for a warrant (a "special warrant") by 13 electronic communication, fax, phone, radio or another form of 14 communication if the inspector considers it necessary because of-- 15 (a) urgent circumstances; or 16 (b) other special circumstances, including, for example, the 17 inspector's remote location. 18 (2) Before applying for the warrant, the inspector must prepare an 19 application stating the grounds on which the warrant is sought. 20 (3) The inspector may apply for the warrant before the application is 21 sworn. 22 (4) After issuing the special warrant, the magistrate or justice of the 23 peace (qualified) must immediately electronically communicate or fax a 24 copy to the inspector if it is reasonably practicable to do so. 25 (5) If it is not reasonably practicable to electronically communicate or 26 fax a copy to the inspector-- 27 (a) the magistrate or justice must tell the inspector-- 28 (i) what the terms of the warrant are; and 29 (ii) the date and time the warrant was issued; and 30
s 129 74 s 129 Animal Care and Protection Bill 2001 (b) the inspector must complete a form of warrant (a "warrant 1 form") and write on it-- 2 (i) the magistrate's or justice's name; and 3 (ii) the date and time the magistrate or justice issued the 4 warrant; and 5 (iii) the terms of the special warrant. 6 (6) The facsimile warrant, or the warrant form properly completed by 7 the inspector, authorises the entry and the exercise of the other powers 8 stated in the warrant issued by the magistrate or justice. 9 (7) The inspector must, at the first reasonable opportunity, send the 10 magistrate or justice-- 11 (a) the sworn application; and 12 (b) if the inspector completed a warrant form--the completed 13 warrant form. 14 (8) On receiving the documents, the magistrate or justice must attach 15 them to the warrant. 16 (9) If-- 17 (a) an issue arises in a proceeding about whether an exercise of a 18 power was authorised by a special warrant; and 19 (b) the warrant is not produced in evidence; 20 the onus of proof is on the person relying on the lawfulness of the exercise 21 of the power to prove a special warrant authorised the exercise of the 22 power. 23 129 Warrants--procedure for entry 24 (1) This section applies if-- 25 (a) an inspector named in a warrant issued under this part for a place 26 is intending to enter the place under the warrant; and 27 (b) the occupier of the place is present at the place. 28 (2) Before entering the place, the inspector must do, or make a 29 reasonable attempt to do, the following things-- 30
s 130 75 s 130 Animal Care and Protection Bill 2001 (a) comply with section 12018 for the occupier; 1 (b) give the occupier a copy of-- 2 (i) the warrant; or 3 (ii) if the entry is authorised by a facsimile warrant or warrant 4 form mentioned in section 128(6)--the facsimile warrant or 5 warrant form; 6 (c) tell the occupier the inspector is permitted by the warrant to enter 7 the place; 8 (d) give the occupier an opportunity to allow the inspector 9 immediate entry to the place without using force. 10 (3) However, the inspector need not comply with subsection (2) if the 11 inspector reasonably believes the inspector must immediately enter the 12 place to ensure the effective execution of the warrant is not frustrated. 13 Division 2--Entry to vehicles 14 Subdivision 1--Power to enter vehicles 15 130 Power of entry 16 An inspector may enter and stay in a vehicle if-- 17 (a) the person in control of the vehicle consents to the entry; or 18 (b) the person in control of the vehicle has been given an animal 19 welfare direction and the entry is made at a time stated in the 20 direction to check compliance with the direction; or 21 (c) the inspector reasonably suspects-- 22 (i) the vehicle is being, has been, or is about to be used in the 23 commission of an animal welfare offence; or 24 (ii) the vehicle, or an animal or other thing in the vehicle, may 25 provide evidence of an animal welfare offence; or 26 18 Section 120 (Production or display of identity card)
s 131 76 s 131 Animal Care and Protection Bill 2001 (iii) there is an imminent risk of death or injury to an animal in 1 or from the vehicle or because of an animal welfare offence 2 involving the vehicle; or 3 4 Example of an `imminent risk of death or injury to an animal'-- 5 A dog is locked in a car and the dog is suffering, or apparently 6 suffering, from heat exhaustion. (iv) there is a need to enter the vehicle to relieve an animal in 7 pain in the vehicle or prevent an animal in the vehicle from 8 suffering pain. 9 131 Procedure for entry without consent if person in control or 10 occupier present 11 (1) This section applies if-- 12 (a) an inspector is intending to enter a vehicle under section 130(b) 13 or (c); and 14 (b) a person who is a person in control, or an occupier of, the vehicle 15 is present at the vehicle. 16 (2) Before entering the vehicle, the inspector must do, or make a 17 reasonable attempt to do, the following things-- 18 (a) comply with section 12019 for the person; 19 (b) tell the person the purpose of the entry; 20 (c) seek the consent of the person to the entry; 21 (d) tell the person the inspector is permitted under this Act to enter 22 the vehicle without the person's consent. 23 (3) If the person in control of the vehicle is not present at the vehicle, the 24 inspector must take reasonable steps to advise the person or any registered 25 operator of the vehicle of the inspector's intention to enter the vehicle. 26 (4) Subsection (3) does not require the inspector to take a step that the 27 inspector reasonably believes may frustrate or otherwise hinder an 28 investigation under this Act or the purpose of the intended entry. 29 19 Section 120 (Production or display of identity card)
s 132 77 s 134 Animal Care and Protection Bill 2001 Subdivision 2--Powers to support entry 1 132 Power to stop vehicle that may be entered 2 (1) If a vehicle, that an inspector may enter under this part other than an 3 aircraft or train, is moving or about to move, the inspector may signal (a 4 "stop signal") the person in control of the vehicle-- 5 (a) to stop the vehicle; or 6 (b) not to move the vehicle. 7 (2) In this section-- 8 "stop", a vehicle, includes requiring it to remain stationary for the time 9 reasonably necessary to enable a function or power under this or 10 another Act to be performed or exercised. 11 133 Failure to comply with stop signal 12 (1) A person in control of a vehicle to whom a stop signal has been given 13 must obey the stop signal unless the person has a reasonable excuse. 14 Maximum penalty--100 penalty units. 15 (2) It is a reasonable excuse for the person not to obey the signal if-- 16 (a) to immediately obey the signal would have endangered the 17 person or someone else; and 18 (b) the person obeys the signal as soon as it is practicable to obey it. 19 134 Power to require help to enter from person in control 20 (1) If an inspector may, under this part, enter a vehicle, the inspector 21 may require (an "entry requirement") the person in control of the vehicle 22 to give the inspector reasonable help to enter the vehicle. 23 24 Example of an `entry requirement'-- 25 The vehicle is locked. Its driver is present at the vehicle and has a key to unlock it. An 26 entry requirement may be given to the driver to unlock the vehicle. (2) When making the entry requirement, the inspector must give the 27 person an offence warning. 28
s 135 78 s 137 Animal Care and Protection Bill 2001 135 Failure to comply with entry requirement 1 A person of whom an entry requirement has been made must comply 2 with the requirement unless the person has a reasonable excuse. 3 Maximum penalty--100 penalty units. 4 Division 3--Powers for entry to all places 5 136 Application of div 3 6 (1) This division applies if, under a provision of this part other than 7 section 123, an inspector may enter, or has entered, a place. 8 (2) However, if an inspector, under section 122(2) enters a place to ask 9 the occupier's consent to enter premises, this division applies to the 10 inspector only if the consent is given or the entry is otherwise authorised.20 11 137 General powers 12 The inspector may do any of the following21-- 13 (a) enter the place using reasonable force; 14 (b) search any part of the place; 15 (c) open, using reasonable force, a cage, container, pen, yard or 16 other structure confining or containing an animal or other thing 17 to examine the structure, animal or other thing; 18 (d) take reasonable measures to relieve the pain of an animal at the 19 place; 20 21 Examples of `measures'-- 22 Feeding, untethering or watering the animal. (e) examine or inspect or film, photograph, videotape or otherwise 23 record an image of, an animal, document or other thing at the 24 place; 25 20 Sections 122 (Power of entry) and 123 (Limited entry power to provide relief to animal) 21 See also section 162 (Power of destruction).
s 138 79 s 139 Animal Care and Protection Bill 2001 (f) take a sample of or from an animal or other thing at the place for 1 analysis or testing; 2 (g) copy a document at the place; 3 (h) take into the place the equipment, materials or persons the 4 inspector reasonably requires for exercising a power under this 5 part; 6 (i) brand, mark, tag or otherwise identify an animal at the place; 7 (j) take a necessary step to allow a power under paragraphs (a) to (i) 8 to be exercised. 9 10 Example of a `step' for paragraph (j)-- 11 Mustering, unloading or yarding cattle at the place to allow them to be 12 examined. 138 Power to require reasonable help 13 (1) The inspector may require (a "help requirement") a person at the 14 place to give the inspector reasonable help to exercise a power under this 15 part, including, for example to produce a document or give information. 16 (2) When making the help requirement, the inspector must give the 17 person an offence warning. 18 139 Failure to comply with help requirement 19 (1) A person of whom a help requirement has been made must comply 20 with the requirement unless the person has a reasonable excuse. 21 Maximum penalty--100 penalty units. 22 (2) It is a reasonable excuse for an individual not to comply with a help 23 requirement if complying with the requirement might tend to incriminate 24 the person. 25 (3) However, subsection (2) does not apply if the requirement is to 26 produce a document required to be held or kept by the person under-- 27 (a) this Act; or 28 (b) another Act or a law of the Commonwealth or another State if the 29 document relates to the transportation of live animals. 30
s 140 80 s 142 Animal Care and Protection Bill 2001 140 Power to require person in control of vehicle to take action 1 (1) This section applies if a place to which this division applies is a 2 vehicle. 3 (2) The inspector may require (an "action requirement") the person in 4 control of the vehicle to do any of the following to allow the inspector to 5 exercise a power under this part-- 6 (a) bring the vehicle, or an animal or other thing in it, to a stated 7 reasonable place; 8 (b) remain in control of the vehicle, animal or other thing at the place 9 for a stated reasonable period. 10 (3) When making the action requirement, the inspector must give the 11 person an offence warning. 12 141 Failure to comply with action requirement 13 A person of whom an action requirement has been made must comply 14 with the requirement unless the person has a reasonable excuse. 15 Maximum penalty--100 penalty units. 16 Division 4--Seizure and forfeiture 17 Subdivision 1--Powers of seizure 18 142 General power to seize evidence 19 (1) An inspector who has, under this part, entered a place may seize an 20 animal or other thing at the place if the inspector-- 21 (a) reasonably suspects it is evidence of an offence against this Act; 22 or 23 (b) reasonably believes the seizure is necessary to prevent it being-- 24 (i) destroyed, hidden or lost; or 25 (ii) used to commit, continue or repeat, an offence. 26 (2) Also, an inspector may seize an animal or other thing at the place-- 27
s 143 81 s 144 Animal Care and Protection Bill 2001 (a) if the inspector reasonably believes it has just been used in 1 committing, or is the subject of, an animal welfare offence; or 2 (b) with the written consent of a person as follows or a person the 3 inspector reasonably believes is a person as follows-- 4 (i) for an animal--a person in charge of the animal; 5 (ii) for another thing--the owner or person in possession of the 6 thing. 7 (3) A consent under subsection (2)(b) given by an owner may also 8 include the owner's agreement to transfer ownership of the animal or other 9 thing to the State or a prescribed entity. 10 (4) Despite subsections (1) and (2), if an entry to a place was made after 11 obtaining the necessary consent of a person, the inspector may seize a thing 12 at the place only if the seizure is consistent with the purpose of entry as told 13 to the person when asking for the consent.22 14 (5) This section does not limit a power to seize under section 144 or 145. 15 143 Seizing evidence under warrant 16 An inspector who, under this part, enters a place with a warrant may 17 seize the evidence for which the warrant was issued. 18 144 Seizure for welfare of animal 19 (1) An inspector who has, under this part, entered a place may seize an 20 animal at the place if the inspector reasonably believes-- 21 (a) the animal-- 22 (i) is under an imminent risk of death or injury; or 23 24 Examples of `imminent risk of death or injury'-- 25 1. A prohibited event is being conducted at the place. 26 2. The animal is being beaten or tortured. (ii) requires veterinary treatment; or 27 (iii) is experiencing undue pain; and 28 22 For necessary consent and purpose of entry for places other than vehicles, see sections 122 and 124 and for vehicles see sections 130 and 131.
s 145 82 s 147 Animal Care and Protection Bill 2001 (b) the interests of the welfare of the animal require its immediate 1 seizure. 2 (2) The inspector may also seize the animal if the person in charge of the 3 animal has contravened, or is contravening, an animal welfare direction or 4 a court order about the animal. 5 145 Seizure of property subject to security 6 (1) An inspector may seize an animal or other thing under this 7 subdivision or exercise powers under subdivision 2 in relation to it despite 8 a lien or other security over it claimed by another person. 9 (2) However, the seizure does not affect the person's claim to the lien or 10 other security against a person other than the inspector or a person acting 11 for the inspector. 12 Subdivision 2--Powers to support seizure 13 146 Direction to person in charge 14 (1) To enable an animal or other thing to be seized, an inspector may 15 direct (a "seizure direction") the person in charge, or owner or person in 16 possession, of it-- 17 (a) to take it to a stated reasonable place or places by a stated 18 reasonable time or times; and 19 (b) if necessary, to remain in control of it at the stated place for a 20 reasonable time. 21 (2) A seizure direction-- 22 (a) must be made by notice in the approved form; or 23 (b) if for any reason it is not practicable to give notice in the 24 approved form--may be made orally and confirmed by notice in 25 the approved form as soon as practicable. 26 147 Failure to comply with seizure direction 27 A person of whom a seizure direction has been made must comply with 28 the direction unless the person has a reasonable excuse. 29 Maximum penalty--100 penalty units. 30
s 148 83 s 149 Animal Care and Protection Bill 2001 148 Powers for seized things 1 Having seized an animal or other thing, an inspector may do 1 or more of 2 the following-- 3 (a) move it from the place where it was seized (the "place of 4 seizure"); 5 (b) leave it at the place of seizure but take reasonable action to 6 restrict access to it; 7 8 Examples of restricting access to a thing-- 9 1. Brand, mark, seal, tag or otherwise identify it to show access to it is 10 restricted. 11 2. Sealing the entrance to a room where the thing is situated and 12 marking it to show access to it is restricted. (c) for equipment--make it inoperable; 13 14 Example of making equipment inoperable-- 15 Dismantling equipment or removing a component of equipment without 16 which the equipment is not capable of being used. (d) for an animal-- 17 (i) take it to a place the inspector considers appropriate; or 18 (ii) give it accommodation, food, rest, water or other living 19 conditions; or 20 (iii) if the inspector reasonably believes that, in the interests of 21 its welfare, the animal requires veterinary 22 treatment--arrange for the treatment; or 23 (iv) if an animal welfare direction has been given in relation to 24 the animal and the direction has not been complied 25 with--take other action to ensure the direction is complied 26 with. 27 149 Offence to tamper with seized thing 28 (1) This section applies in relation to an animal or other thing seized 29 under this part. 30 (2) A person, other than an inspector or a person authorised by an 31 inspector for the purpose, must not do, or attempt to do, any of the 32 following unless the person has a reasonable excuse-- 33 (a) tamper with-- 34
s 150 84 s 150 Animal Care and Protection Bill 2001 (i) the animal or other thing; or 1 (ii) something done under section 148(b) to restrict access to it; 2 (b) enter, or be at, the place where the animal or other thing is being 3 kept; 4 (c) move the animal or other thing from the place where it is being 5 kept; 6 (d) have the animal or other thing in the person's possession. 7 Maximum penalty--100 penalty units. 8 Subdivision 3--Safeguards for seized property 9 150 Information notice and receipt for seized property 10 (1) This section applies if, under this part or a warrant, an inspector 11 seizes an animal or another thing, unless-- 12 (a) the seizure was with the written consent of a person mentioned in 13 section 142(2)(b);23 or 14 (b) the inspector reasonably believes there is no-one apparently in 15 possession of the thing or the thing has been abandoned; or 16 (c) the seized thing is not an animal and it would be impracticable or 17 unreasonable to expect the inspector to account for the thing 18 given its condition, nature and value. 19 20 Example for paragraph (c)-- 21 Animal droppings of no inherent value. (2) The inspector must, as soon as practicable after the seizure, give the 22 person from whom the thing was seized-- 23 (a) a receipt for the thing that generally describes the thing and its 24 condition; and 25 (b) an information notice about the decision to make the seizure. 26 (3) However, if a person as follows is not present at the place at which 27 the seizure happened, the receipt and information notice may be given by 28 23 Section 142 (General power to seize evidence)
s 151 85 s 152 Animal Care and Protection Bill 2001 leaving them at the place in a conspicuous position and in a reasonably 1 secure way-- 2 (a) for an animal--a person in charge of the animal; 3 (b) for another thing--the owner or person in possession of the 4 thing. 5 (4) The information notice and receipt may-- 6 (a) be given in the same document; and 7 (b) relate to more than 1 seized thing. 8 (5) The inspector may delay in giving the receipt and information notice 9 if the inspector reasonably suspects doing so may frustrate or otherwise 10 hinder an investigation under this Act. 11 (6) However, the delay may be only for so long as the inspector 12 continues to have the reasonable suspicion and remains in the vicinity of 13 the place to keep it under observation. 14 151 Access to seized property 15 (1) This section applies to an inspector who has, under this part or a 16 warrant, seized anything until the thing is forfeited or returned under this 17 part. 18 (2) The inspector must allow any owner of the thing-- 19 (a) to inspect it at any reasonable time and from time to time; and 20 (b) if it is a document--to copy it. 21 (3) Subsection (2) does not apply if it is impracticable or would be 22 unreasonable to allow the inspection or copying. 23 (4) The inspection or copying must be provided free of charge. 24 152 Return of seized animal 25 (1) This section applies if an inspector has, under this part or a warrant, 26 seized an animal. 27 (2) The inspector must, within 28 days after the seizure, return the 28 animal to its owner unless-- 29 (a) the owner has, under this part, agreed in writing to transfer 30 ownership of it to the State or a prescribed entity; or 31
s 153 86 s 153 Animal Care and Protection Bill 2001 (b) the animal has been forfeited to State under this part; or 1 (c) an application has been made for a disposal or prohibition order 2 in relation to the animal; or 3 (d) continued retention of the animal is needed as evidence for a 4 proceeding or proposed proceeding for an offence involving the 5 animal; or 6 (e) an animal welfare direction given in relation to the animal has 7 not been complied with and the inspector is taking, or proposes 8 to take, action to ensure the direction is complied with; or 9 (f) the inspector reasonably believes the animal's condition may 10 require its destruction under section 162.24 11 (3) If subsection (2)(c) applies, the inspector must promptly return the 12 animal to its owner if the application for the disposal or prohibition order-- 13 (a) is withdrawn; or 14 (b) has been finally decided or otherwise ended and a disposal or 15 prohibition order has not been made in relation to the animal. 16 (4) If subsection (2)(d) applies, the inspector must promptly return the 17 animal to its owner if its continued retention as evidence is no longer 18 required. 19 (5) If subsection (2)(e) applies, the inspector must promptly return the 20 animal to its owner if-- 21 (a) the animal welfare direction is complied with; or 22 (b) the inspector ceases to take, or propose to take, action to ensure 23 the direction is complied with. 24 (6) If subsection (2)(f) applies, the inspector must promptly return the 25 animal to its owner if the inspector no longer believes the animal's 26 condition may require its destruction under section 162. 27 (7) Nothing in this section affects a lien or other security over the 28 animal. 29 153 Return of other seized property 30 (1) This section applies if-- 31 24 Section 162 (Power of destruction)
s 153 87 s 153 Animal Care and Protection Bill 2001 (a) an inspector has, under this part or a warrant, seized a thing other 1 than an animal; and 2 (b) the thing has some intrinsic value; and 3 (c) the owner of the thing has not, under this part, agreed in writing 4 to transfer ownership of it to the State or a prescribed entity; and 5 (d) the thing has not been forfeited under this part; and 6 (e) a disposal order has not been made in relation to the thing. 7 (2) If no application has been made for a disposal order in relation to the 8 thing, the inspector must, return the thing to its owner-- 9 (a) generally--at the end of 6 months after the seizure; or 10 (b) if a proceeding for an offence involving the thing is started within 11 the 6 months--at the end of the proceeding and any appeal from 12 the proceeding. 13 (3) Despite subsection (2), the inspector must promptly return a thing 14 seized as evidence to its owner if the inspector is satisfied-- 15 (a) its continued retention as evidence is no longer required; and 16 (b) its continued retention is not necessary to prevent the thing being 17 used to continue, or repeat, the offence; and 18 (c) it is lawful for the person to possess the thing. 19 (4) If, at the time mentioned in subsection (2), an application has been 20 made for a disposal order in relation to the thing the inspector must 21 promptly return the thing to its owner if the application-- 22 (a) is withdrawn; or 23 (b) has been finally decided or otherwise ended and a disposal order 24 has not been made in relation to the thing. 25 (5) Nothing in this section affects a lien or other security over the thing. 26
s 154 88 s 154 Animal Care and Protection Bill 2001 Subdivision 4--Forfeiture 1 154 Power to forfeit 2 (1) This section applies if an animal or other thing has been seized under 3 this Act or the Police Powers and Responsibilities Act 2000, 4 section 66(2)(d).25 5 (2) The chief executive may decide to forfeit the animal or thing to the 6 State if an inspector-- 7 (a) after making reasonable efforts, can not return it to its owner; or 8 (b) after making reasonable inquiries, can not find its owner or, for 9 an animal, any other person in charge of it; or 10 (c) reasonably believes it is necessary to keep the animal or other 11 thing to prevent it from being used in committing, or becoming 12 the subject of, an animal welfare offence. 13 (3) For subsection (2)-- 14 (a) the period over which the efforts or inquiries are made must be at 15 least 4 days; and 16 (b) the inspector is not required to-- 17 (i) make efforts if it would be unreasonable to make efforts to 18 return the animal or other thing to its owner; or 19 20 Example for subparagraph (i)-- 21 The owner of the thing has migrated to another country. (ii) make inquiries if it would be unreasonable to make inquiries 22 to find the owner. 23 (4) Regard must be had to an animal or other thing's condition, nature 24 and value in deciding-- 25 (a) whether it is reasonable to make inquiries or efforts; and 26 (b) if inquiries or efforts are made--what inquiries or efforts, 27 including the period over which they are made, are reasonable. 28 25 The Police Powers and Responsibilities Act 2000, section 66 (Power in relation to offences involving animals)
s 155 89 s 157 Animal Care and Protection Bill 2001 155 Information notice about forfeiture 1 (1) If chief executive decides, under section 154(2), to forfeit an animal 2 or other thing, the chief executive must promptly give the person who 3 owned it immediately before the forfeiture (the "former owner") an 4 information notice about the decision. 5 (2) However, subsection (1) does not apply if-- 6 (a) the decision was made under section 154(2)(a) or (b); and 7 (b) the place where the animal or other thing was seized is-- 8 (i) a public place; or 9 (ii) a place at which the notice is unlikely to be read by the 10 former owner. 11 (3) The information notice must state that the former owner may apply 12 for a stay of the decision if he or she appeals against the decision. 13 (4) If the decision was made under section 154(2)(a) or (b) the 14 information notice may be given by leaving it at the place where the animal 15 or other thing was seized, in a conspicuous position and in a reasonably 16 secure way. 17 Subdivision 5--Dealing with property forfeited or transferred to State or 18 prescribed entity 19 156 When transfer takes effect 20 (1) An animal or other thing becomes the State's property if, under 21 section 154(2), it is forfeited to the State. 22 (2) If the owner of an animal or other thing agrees in writing to transfer 23 ownership of it to the State or a prescribed entity, it becomes the property 24 of the State or entity when the State or entity agrees in writing to the 25 transfer. 26 157 How property may be dealt with 27 (1) This section applies if, under section 156 an animal or other thing 28 becomes the property of the State or a prescribed entity. 29 (2) The State or entity may deal with the thing as it considers 30 appropriate, including, for example, by destroying it or giving it away. 31
s 158 90 s 158 Animal Care and Protection Bill 2001 (3) However, the State or entity must not deal with the thing in a way 1 that could prejudice the outcome of an appeal under this Act of which it is 2 aware. 3 (4) Subsection (3) does not limit an inspector's power under section 162 4 to destroy the animal. 5 (5) If the State or entity sells the thing, it may, after deducting the 6 following, return the proceeds of the sale to the former owner of the 7 thing-- 8 (a) the costs of the sale; 9 (b) any costs it may recover from the person under section 189.26 10 (6) The chief executive may deal with the thing for the State. 11 (7) This section is subject to a decision, direction or order under 12 chapter 7, part 2 or 427 about the animal or other thing. 13 Division 5--Animal welfare directions 14 158 Application of div 5 15 (1) This division applies if an inspector reasonably believes-- 16 (a) a person has committed, is committing, or is about to commit, an 17 animal welfare offence; or 18 (b) an animal-- 19 (i) is not being cared for properly; or 20 (ii) is experiencing undue pain; or 21 (iii) requires veterinary treatment; or 22 (iv) should not be used for work. 23 24 Example for subparagraph (iv)-- 25 A horse with `saddle sore' should not be used by a riding school. (2) This division also applies if an animal has been seized under 26 division 4, subdivision 1. 27 26 Section 189 (Recovery of seizure, compliance or destruction costs) 27 Chapter 7, part 2 (Orders relating to animal welfare offences) or 4 (Reviews and appeals)
s 159 91 s 160 Animal Care and Protection Bill 2001 159 Power to give animal welfare direction 1 (1) The inspector may give a written direction (an "animal welfare 2 direction") requiring stated action about the animal or its environment. 3 (2) The direction may be given to-- 4 (a) a person in charge of the animal; or 5 (b) a person whom the inspector reasonably believes is in charge of 6 the animal; or 7 (c) if the animal has been seized under division 4, subdivision 1-- 8 (i) a person who, immediately before the seizure, was a person 9 in charge of the animal; or 10 (ii) a person whom the inspector reasonably believes was, 11 immediately before the seizure, a person in charge of the 12 animal. 13 (3) Without limiting subsection (1), the direction may require any of the 14 following action to be taken-- 15 (a) care for, or treat, the animal in stated way; 16 (b) provide the animal with stated accommodation, food, rest, water 17 or other living conditions; 18 (c) consult a veterinary surgeon about the animal's condition before 19 a stated time; 20 (d) move the animal from the place where it is situated when the 21 direction is given to another stated place for a purpose mentioned 22 in paragraph (a), (b) or (c); 23 (e) not to move the animal from the place where it is situated when 24 the direction is given. 25 (4) However, action may be required only if the inspector considers it to 26 be necessary and reasonable in the interests of the animal's welfare. 27 (5) The direction may state how the person given the direction may show 28 that the stated action has been taken. 29 160 Requirements for giving animal welfare direction 30 (1) An animal welfare direction must-- 31 (a) be in the approved form; and 32
s 161 92 s 161 Animal Care and Protection Bill 2001 (b) describe-- 1 (i) the animal in a way that reasonably allows the person given 2 the direction to identify it; or 3 (ii) if the direction is given because the inspector reasonably 4 believes a person has committed, is committing or is about 5 to commit, an animal welfare offence--the type of animal 6 to which the offence relates; and 7 (c) state-- 8 (i) each requirement; and 9 (ii) a time for the person to comply with each requirement; and 10 (d) include an information notice about the decision to give the 11 direction. 12 (2) Despite subsection (1)(a), an animal welfare direction may be given 13 orally if-- 14 (a) the inspector considers it to be in the interests of the animal's 15 welfare to give the direction immediately; and 16 (b) for any reason it is not practicable to immediately give the 17 direction in the approved form; and 18 (c) the inspector gives the person an offence warning. 19 (3) If the direction is given orally, the inspector must confirm the 20 direction by also giving it in the approved form as soon as practicable after 21 giving it orally. 22 (4) An animal welfare direction may state that an inspector proposes, at 23 a stated time or at stated intervals, to enter the following where an animal 24 the subject of the direction is kept at to check compliance with the 25 direction-- 26 (a) a vehicle of which the person is the person in control; 27 (b) another place of which the person is the occupier. 28 161 Failure to comply with animal welfare direction 29 A person to whom an animal welfare direction has been given must 30 comply with the direction unless the person has a reasonable excuse. 31 Maximum penalty--100 penalty units or 1 year's imprisonment. 32
s 162 93 s 163 Animal Care and Protection Bill 2001 Division 6--Inspector's power to destroy animals 1 162 Power of destruction 2 An inspector may destroy an animal, or cause it to be destroyed, if-- 3 (a) an inspector has seized the animal under this part or the person in 4 charge of the animal has given written consent to the destruction; 5 and 6 (b) the inspector reasonably believes that the animal is in pain to the 7 extent that it is cruel to keep it alive. 8 Division 7--Other powers 9 163 Power to require name and address 10 (1) An inspector may require a person to state the person's name and 11 residential or business address if the inspector-- 12 (a) finds the person committing, or about to commit, an offence 13 against this Act; or 14 (b) finds the person in circumstances that lead, or has information 15 that leads, the inspector to reasonably suspect the person has just 16 committed an offence against this Act; or 17 (c) reasonably believes the person is the person in charge of an 18 animal and the inspector proposes to give the person an animal 19 welfare direction. 20 (2) When making the requirement, the inspector must give the person an 21 offence warning. 22 (3) The inspector may also require the person to give evidence of the 23 correctness of the stated name or required address if, in the circumstances, 24 it would be reasonable to expect the person to-- 25 (a) be in possession of evidence of the correctness of the stated name 26 or address; or 27 (b) otherwise be able to give the evidence. 28 (4) A requirement under this section is called a "personal details 29 requirement". 30
s 164 94 s 166 Animal Care and Protection Bill 2001 164 Failure to comply with personal details requirement 1 (1) A person of whom a personal details requirement has been made 2 must comply with the requirement unless the person has a reasonable 3 excuse. 4 Maximum penalty--50 penalty units. 5 (2) It is a reasonable excuse if-- 6 (a) the requirement was given because the inspector giving it 7 suspected the person has committed an offence against this Act; 8 and 9 (b) the person is not proved to have committed the offence. 10 165 Power to require information about contravention 11 (1) This section applies if-- 12 (a) an inspector reasonably suspects-- 13 (i) this Act has been contravened; and 14 (ii) a person may be able to give information about the 15 contravention; or 16 (b) an animal welfare direction has been given and an inspector 17 reasonably believes a veterinary surgeon or other person may be 18 able to give information about whether the direction has been 19 complied with. 20 (2) The inspector may require (an "information requirement") the 21 person to give information in the person's knowledge about the 22 contravention in a stated reasonable time and in a stated reasonable way. 23 (3) When making the requirement, the inspector must give the person an 24 offence warning. 25 166 Failure to comply with information requirement 26 (1) A person of whom an information requirement has been made must 27 comply with the requirement unless the person has a reasonable excuse. 28 Maximum penalty--50 penalty units. 29 (2) It is a reasonable excuse-- 30
s 167 95 s 169 Animal Care and Protection Bill 2001 (a) for an individual not to give information if giving the information 1 might tend to incriminate the person; or 2 (b) if the information sought by the requirement is not in fact 3 relevant to the contravention for which it was made. 4 167 False or misleading statements 5 (1) A person must not state anything to an inspector that the person 6 knows is false or misleading in a material particular. 7 Maximum penalty--50 penalty units. 8 (2) Subsection (1) applies even if the statement was not made in 9 response to, or in purported compliance with, a personal details 10 requirement or an information requirement or another specific requirement 11 under a specific power. 12 168 Power to require production of documents 13 (1) An inspector may require (a "document production requirement") 14 a person to make available for inspection by an inspector, or produce to the 15 inspector for inspection, at a stated reasonable time and place a 16 document-- 17 (a) required to be held or kept by the person under-- 18 (i) this Act; or 19 (ii) another Act or a law of the Commonwealth or another State 20 if the document relates to the transportation of live animals; 21 or 22 (b) in the person's possession about a stated matter relating to this 23 Act. 24 (2) The inspector may keep the document to copy it. 25 (3) The inspector must return the document to the person as soon as 26 practicable after copying it. 27 169 Failure to comply with document production requirement 28 (1) A person of whom a document production requirement has been 29 made must comply with the requirement unless the person has a reasonable 30 excuse. 31
s 170 96 s 171 Animal Care and Protection Bill 2001 Maximum penalty--50 penalty units. 1 (2) It is a reasonable excuse for an individual not to comply with a 2 document production requirement if complying with the requirement might 3 tend to incriminate the person. 4 (3) However, subsection (2) does not apply if the document is required 5 to be held or kept by the person under-- 6 (a) this Act; or 7 (b) another Act or a law of the Commonwealth or another State if the 8 document relates to the transportation of live animals. 9 170 False or misleading documents 10 (1) A person must not give an inspector a document containing 11 information the person knows is false or misleading in a material 12 particular. 13 Maximum penalty--50 penalty units. 14 (2) Subsection (1) applies even if the document was not given in 15 response to, or in purported compliance with, a document production, 16 information or personal details requirement or another specific requirement 17 under another specific power. 18 PART 3--NOTICE OF DAMAGE BECAUSE OF 19 EXERCISE OF POWERS 20 171 Application of pt 3 21 (1) This part applies if-- 22 (a) an inspector damages something when exercising, or purporting 23 to exercise, a power; or 24 (b) a person helping an inspector to exercise the inspector's powers 25 damages something. 26 (2) However, this part does not apply to damage the inspector 27 reasonably considers is trivial or if the inspector reasonably believes-- 28
s 172 97 s 173 Animal Care and Protection Bill 2001 (a) there is no-one apparently in possession of the thing; or 1 (b) the thing has been abandoned. 2 172 Requirement to give notice 3 (1) The inspector must promptly give notice of the damage to the person 4 who appears to the inspector to be the owner or person in possession of the 5 thing. 6 (2) However, if for any reason it is not practicable to comply with 7 subsection (1), the inspector must-- 8 (a) leave the notice at the place where the damage happened; and 9 (b) ensure it is left in a conspicuous position and in a reasonably 10 secure way. 11 (3) The inspector may delay complying with subsection (1) or (2) if the 12 inspector reasonably suspects complying with the subsection may frustrate 13 or otherwise hinder an investigation by the inspector. 14 (4) The delay may be only for so long as the inspector continues to have 15 the reasonable suspicion and remains in the vicinity of the place. 16 173 Content of notice 17 (1) A notice of damage under section 172 must state-- 18 (a) particulars of the damage; and 19 (b) that the person who suffered the damage may claim 20 compensation under section 191.28 21 (2) If the inspector believes the damage was caused by a latent defect in 22 the thing or circumstances beyond the control of the inspector or a person 23 helping the inspector, the inspector may state the belief in the notice. 24 28 Section 191 (Compensation because of exercise of powers)
s 174 98 s 177 Animal Care and Protection Bill 2001 CHAPTER 7--EVIDENCE AND LEGAL 1 PROCEEDINGS 2 PART 1--EVIDENCE 3 Division 1--General evidentiary aids 4 174 Application of div 1 5 This division applies to a proceeding under or in relation to this Act. 6 175 Appointments and authority 7 The following must be presumed unless a party to the proceeding, by 8 reasonable notice, requires proof of it-- 9 (a) the appointment of an authorised officer or inspector; 10 (b) the power of the chief executive, an authorised officer or 11 inspector to do anything under this Act. 12 176 Signatures 13 A signature purporting to be the signature of the chief executive, an 14 authorised officer or inspector is evidence of the signature it purports to be. 15 177 Other evidentiary aids 16 A certificate purporting to be signed by the chief executive stating any of 17 the following matters is evidence of the matter-- 18 (a) a stated document is a thing as follows given, issued, kept or 19 made under this Act-- 20 (i) an appointment, approval or decision; 21 (ii) an animal welfare direction; 22 (iii) a code of practice; 23 (iv) a direction, notice or requirement; 24 (v) a licence or permit; 25
s 178 99 s 179 Animal Care and Protection Bill 2001 (vi) a record; 1 (vii) the register; 2 (b) a stated document is another document kept under this Act; 3 (c) a stated document is a copy of, or an extract from or part of, a 4 thing mentioned in paragraph (a) or (b); 5 (d) that, on a stated day-- 6 (i) a stated person was given a stated decision, direction or 7 notice under this Act; or 8 (ii) a stated requirement under this Act was made of a stated 9 person; 10 (e) on a stated day, or during a stated period, a stated person was or 11 was not registered or the person's registration was suspended; 12 (f) a person's registration details on a stated day or during a stated 13 period; 14 (g) a stated amount is payable under this Act by a stated person. 15 Division 2--Offence proceedings 16 178 Offences under Act are summary 17 (1) An offence against this Act is a summary offence. 18 (2) A proceeding for the offence must start within the later of the 19 following periods to end-- 20 (a) 1 year after the commission of the offence; 21 (b) 6 months after the offence comes to the complainant's 22 knowledge, but within 2 years after the commission of the 23 offence. 24 179 Statement of complainant's knowledge 25 In a complaint starting a proceeding for an offence against this Act, a 26 statement that the matter of the complaint came to the complainant's 27 knowledge on a stated day is evidence of the matter stated. 28
s 180 100 s 181 Animal Care and Protection Bill 2001 180 False or misleading statements 1 (1) This section applies to a proceeding for an offence against this Act 2 defined as involving-- 3 (a) false or misleading information; or 4 (b) a false or misleading document or statement. 5 (2) It is enough for the complaint starting the proceeding to state the 6 document, information or statement was `false or misleading' to the 7 defendant's knowledge, without specifying which. 8 (3) In the proceeding, evidence that the document, information or 9 statement was given or made recklessly is evidence that it was given or 10 made so as to be false or misleading. 11 181 Conduct of representatives 12 (1) This section applies to a proceeding for an offence against this Act if 13 it is relevant to prove a person's state of mind about particular conduct. 14 (2) It is enough to show-- 15 (a) the conduct was engaged in by a representative of the person 16 within the scope of the representative's actual or apparent 17 authority; and 18 (b) the representative had the state of mind. 19 (3) Conduct engaged in for a person by a representative of the person 20 within the scope of the representative's actual or apparent authority is 21 taken to have been engaged in also by the person unless the person 22 proves-- 23 (a) if the person was in a position to influence the representative in 24 relation to the conduct--the person took reasonable steps to 25 prevent the conduct; or 26 (b) the person was not in a position to influence the representative in 27 relation to the conduct. 28 (4) In this section-- 29 "engaging" in conduct includes failing to engage in conduct. 30 "representative" means-- 31 (a) for a corporation--an agent, employee or executive officer of the 32 corporation; or 33
s 182 101 s 183 Animal Care and Protection Bill 2001 (b) for an individual--an agent or employee of the individual. 1 "state of mind" of a person includes the person's-- 2 (a) belief, intention, knowledge, opinion or purpose; and 3 (b) reasons for the belief, intention, opinion or purpose. 4 PART 2--ORDERS RELATING TO ANIMAL WELFARE 5 OFFENCES 6 182 Disposal order 7 (1) The court may order (a "disposal order") the disposal or forfeiture 8 of any of the following things that a person convicted of an animal welfare 9 offence owns-- 10 (a) the animal or anything else that was the subject of, or used to 11 commit, the offence; 12 (b) another animal; 13 (c) another thing the court considers is likely to be used in 14 committing a further animal welfare offence. 15 (2) If a disposal order orders the sale of an animal, the order may 16 direct-- 17 (a) the way in which the sale is to take place; or 18 (b) how the proceeds of the sale are to be distributed. 19 183 Prohibition order 20 (1) The court may order (a "prohibition order") that a person convicted 21 of an animal welfare offence must not purchase or otherwise acquire or 22 take possession of-- 23 (a) any animal; or 24 (b) a stated type of animal; or 25 (c) any animal, or a stated type of animal, for trade or commerce or 26 another stated purpose. 27
s 184 102 s 185 Animal Care and Protection Bill 2001 (2) A prohibition order may be made permanently or for a stated 1 period.29 2 184 Order against owner in certain cases 3 (1) This section applies if-- 4 (a) a person has been convicted of an animal welfare offence; and 5 (b) someone else (the "owner") owns the animal the subject of the 6 offence. 7 (2) The court may make a disposal or prohibition order against the 8 owner as if the owner had been convicted of the offence if the court 9 considers-- 10 (a) an act done, or omission made, by the owner contributed to, or 11 allowed, the commission of the offence; and 12 (b) the owner is, and will continue to be, incapable of exercising the 13 owner's duty of care to the animal. 14 185 Criteria for making disposal or prohibition order 15 (1) The court may make a disposal or prohibition order against a person 16 only if the court is satisfied, on the balance of probabilities, it is just to 17 make the order in the circumstances. 18 (2) In considering whether it is just to make the order, the court must 19 consider the following-- 20 (a) the nature of the animal welfare offence to which the hearing 21 relates; 22 (b) the effect of the offence on any animal that was the subject of, or 23 used to commit, the offence; 24 (c) the welfare of the animal and any other animal owned by the 25 person; 26 (d) the likelihood of the person committing another animal welfare 27 offence. 28 (3) Subsection (2) does not limit the matters the court may consider. 29 29 See section 188 (Review of certain prohibition orders).
s 186 103 s 188 Animal Care and Protection Bill 2001 (4) The court may make the order, to the extent it relates to an animal, 1 whether or not it considers another animal welfare offence is likely to be 2 committed in relation to the animal.30 3 186 Procedure and powers for making disposal or prohibition order 4 (1) A disposal or prohibition order may be made only-- 5 (a) at the court's initiative; or 6 (b) on an application by the prosecution, which may be made at any 7 time. 8 (2) The court must not make an order under section 184 unless the owner 9 under that section has been given an opportunity to be heard about whether 10 the order should be made. 11 (3) In deciding whether to make another disposal or prohibition order, 12 the court-- 13 (a) may require notice to be given to anyone the court considers 14 appropriate, including, for example, the animal's owner if the 15 person against whom the order is sought is not the owner; and 16 (b) must not refuse to hear a person to whom the notice is given. 17 (4) The court may make a disposal order and a prohibition order against 18 the same person in relation to the same offence. 19 187 Contravention of prohibition order unlawful 20 A person against whom a prohibition order has been made must not 21 unlawfully contravene the order. 22 Maximum penalty--300 penalty units or 1 year's imprisonment. 23 188 Review of certain prohibition orders 24 (1) This section applies if a prohibition order has been made against a 25 person permanently or for a stated period of 5 years or more. 26 30 See also section 9(4) (Act does not affect other rights or remedies).
s 189 104 s 189 Animal Care and Protection Bill 2001 (2) The court that made the prohibition order (whether or not constituted 1 by the same judicial officer) may, on the application of the person, amend 2 or cancel the order (a "review order"). 3 (3) However-- 4 (a) the person can not apply for a review order if the person has 5 within 12 months applied for a review order in relation to the 6 prohibition order; and 7 (b) the court must not make a review order within 5 years after the 8 prohibition order was made. 9 (4) The applicant must give the chief executive notice of the application. 10 (5) In deciding the application, the court must-- 11 (a) give the chief executive and anyone else it considers appropriate 12 an opportunity to be heard; and 13 (b) consider the matters mentioned in section 185(2) in relation to 14 the prohibition order and any change relevant to the matters since 15 the order was made. 16 PART 3--REMEDIES 17 189 Recovery of seizure, compliance or destruction costs 18 (1) This section applies if the State or a prescribed entity has incurred a 19 cost for an inspector employed or engaged by it to do 1 or more of the 20 following acts in relation to an animal-- 21 (a) if the animal has, under chapter 6, part 2, been seized-- 22 (i) taking possession of, or moving, the animal; or 23 24 Example for subparagraph (i)-- 25 The costs of mustering, unloading or yarding cattle. (ii) taking action to restrict access to the animal; or 26 (iii) providing it with accommodation, food, rest, water or other 27 living conditions; or 28 (iv) arranging for it to receive veterinary or other treatment; 29
s 190 105 s 190 Animal Care and Protection Bill 2001 (b) if an animal welfare direction given in relation to the animal has 1 not been complied with--taking action to ensure the direction is 2 complied with; 3 (c) if the animal has been destroyed under section 162--destroying 4 it. 5 (2) The State or entity may recover the cost from the animal's owner or 6 former owner if the incurring of the cost was necessary and reasonable-- 7 (a) in the interests of the animal's welfare or to destroy it; or 8 (b) if the animal has been destroyed under section 162--for the 9 destruction. 10 (3) However, if a cost mentioned in subsection (1)(a)(iii) or (iv) was for 11 a period during which the animal was kept under section 152(2)(d),31 it 12 may be recovered only if the animal's retention was reasonably required as 13 evidence. 14 190 Compensation because of animal welfare offence 15 (1) A court may order a person convicted of an animal welfare offence 16 to-- 17 (a) pay compensation to a person who, because of the commission of 18 the offence, has-- 19 (i) suffered damage or loss to property; or 20 (ii) incurred costs in avoiding or minimising, or attempting to 21 avoid or minimise, damage or loss to property; or 22 (b) pay a person an amount for costs incurred by the person in-- 23 (i) taking possession of, or moving, the animal; or 24 25 Example for subparagraph (i)-- 26 The costs of mustering, unloading or yarding cattle. (ii) providing it with accommodation, food, rest, water or other 27 living conditions; or 28 (iii) arranging for it to receive veterinary or other treatment. 29 (2) However, an order under subsection (1) can not be made in favour of 30 the State or a prescribed entity. 31 31 Section 152 (Return of seized animal)
s 191 106 s 193 Animal Care and Protection Bill 2001 191 Compensation because of exercise of powers 1 (1) A person may claim compensation from the State if the person incurs 2 a cost, damage or loss because of the exercise, or purported exercise, of a 3 power under chapter 5 or 6, other than because of a lawful seizure. 4 (2) Without limiting subsection (1), compensation may be claimed for a 5 cost, damage or loss incurred in complying with an action, document 6 production, help, information or personal details requirement made of the 7 person. 8 192 General provisions for orders under pt 3 9 (1) Compensation or costs that may be recovered under this part may be 10 claimed and ordered in a proceeding-- 11 (a) brought in a court of competent jurisdiction; or 12 (b) for an offence against this Act to which the claim relates. 13 (2) A court may order the payment of compensation only if it is satisfied 14 it is just to make the order in the circumstances of the particular case. 15 (3) In considering whether it is just to order compensation, the court 16 must have regard to any relevant offence committed by the claimant. 17 (4) A regulation may prescribe other matters that may, or must, be taken 18 into account by the court when considering whether it is just to order 19 compensation.32 20 PART 4--REVIEWS AND APPEALS 21 Division 1--Review of decisions 22 193 Appeal process starts with review 23 Every appeal against an original decision must be, in the first instance, 24 by way of an application for a review. 25 32 See also sections 9 (Act does not affect other rights or remedies) and 204(3) (Further powers for appeal about seizure or forfeiture).
s 194 107 s 196 Animal Care and Protection Bill 2001 194 Who may apply for review 1 An interested person for an original decision may apply to the chief 2 executive for a review of the decision (a "review application"). 3 195 Requirements for making application 4 (1) A review application must be-- 5 (a) in the approved form; and 6 (b) supported by enough information to enable the chief executive to 7 decide the application; and 8 (c) made within 14 days after the applicant is given the information 9 notice about the original decision the subject of the application. 10 (2) However, the chief executive may, at any time, extend the time for 11 making a review application. 12 196 Stay of operation of original decision 13 (1) A review application does not stay the original decision the subject 14 of the application. 15 (2) However, the applicant may immediately apply for a stay of the 16 original decision to the Magistrates Court. 17 (3) The court may stay the original decision to secure the effectiveness 18 of the review and a later appeal to the court. 19 (4) The stay-- 20 (a) may be given on conditions the court considers appropriate; and 21 (b) operates for the period fixed by the court; and 22 (c) may be amended or revoked by the court. 23 (5) The period of the stay must not extend past the time when the chief 24 executive makes a review decision about the original decision and any later 25 period the court allows the applicant to enable the applicant to appeal 26 against the review decision. 27 (6) A review application affects the original decision, or carrying out of 28 the decision, only if the decision is stayed. 29
s 197 108 s 198 Animal Care and Protection Bill 2001 197 Review decision 1 (1) The chief executive must, within 20 days after receiving a review 2 application made under section 195-- 3 (a) conduct a review of the original decision the subject of the 4 application; and 5 (b) make a decision (the "review decision") to-- 6 (i) confirm the original decision; or 7 (ii) amend the original decision; or 8 (iii) substitute another decision for the original decision. 9 (2) The application must not be dealt with by-- 10 (a) the person who made the original decision; or 11 (b) a person in a less senior office than the person who made the 12 original decision. 13 (3) Subsection (2)-- 14 (a) applies despite the Acts Interpretation Act 1954, section 27A; 33 15 and 16 (b) does not apply to an original decision made by the chief 17 executive personally. 18 (4) If the review decision confirms the original decision, for the purpose 19 of an appeal, the original decision is taken to be the review decision. 20 (5) If the review decision amends the original decision, for the purpose 21 of an appeal, the original decision as amended is taken to be the review 22 decision. 23 198 Notice of review decision 24 (1) The chief executive must, within 10 days after making a review 25 decision, give the applicant notice (the "review notice") of the review 26 decision. 27 (2) If the review decision is not the decision sought by the applicant, the 28 review notice must also state the following-- 29 (a) the reasons for the decision; 30 33 Acts Interpretation Act 1954, section 27A (Delegation of powers)
s 199 109 s 201 Animal Care and Protection Bill 2001 (b) that the applicant may, within 28 days after the review notice is 1 given, appeal against the decision to the Magistrates Court; 2 (c) how to appeal; 3 (d) that the applicant may apply to the court for a stay of the 4 decision. 5 (3) If the chief executive does not give the review notice within the 6 10 days, the chief executive is taken to have made a review decision 7 confirming the original decision. 8 Division 2--Appeals 9 199 Who may appeal 10 If an interested person has applied for a review of an original decision, 11 any interested person for the decision may appeal against the review 12 decision to the Magistrates Court. 13 200 Starting appeal 14 (1) An appeal is started by-- 15 (a) filing notice of appeal with the clerk of the Magistrates Court; 16 and 17 (b) serving a copy of the notice on the chief executive; and 18 (c) complying with rules of court applicable to the appeal. 19 (2) The notice of appeal must be filed within 28 days after the appellant 20 receives notice of the review decision appealed against. 21 (3) However, the court may, at any time, extend the time for filing the 22 notice of appeal. 23 (4) The notice of appeal must state fully the grounds of the appeal and 24 the facts relied on. 25 201 Stay of operation of review decision 26 (1) The Magistrates Court may grant a stay of the operation of a review 27 decision appealed against to secure the effectiveness of the appeal. 28 (2) A stay-- 29
s 202 110 s 204 Animal Care and Protection Bill 2001 (a) may be granted on conditions the court considers appropriate; 1 and 2 (b) operates for the period fixed by the court; and 3 (c) may be amended or revoked by the court. 4 (3) The period of a stay stated by the court must not extend past the time 5 when the court decides the appeal. 6 (4) An appeal against a decision affects the decision, or the carrying out 7 of the decision, only if the decision is stayed. 8 202 Hearing procedures 9 (1) In deciding an appeal, the Magistrates Court-- 10 (a) has the same powers as the chief executive in making the review 11 decision appealed against; and 12 (b) is not bound by the rules of evidence; and 13 (c) must comply with natural justice. 14 (2) An appeal is by way of rehearing, unaffected by the review decision. 15 203 Court's powers on appeal--general 16 (1) In deciding an appeal, the Magistrates Court may-- 17 (a) confirm the review decision appealed against; or 18 (b) set aside the decision and substitute another decision; or 19 (c) set aside the decision and return the matter to the chief executive 20 with directions the court considers appropriate. 21 (2) If the court substitutes another decision, the substituted decision is 22 taken, for the purposes of this Act, other than this part, taken to be the 23 review decision. 24 204 Further powers for appeal about seizure or forfeiture 25 (1) This section applies if an appeal is about a review decision to seize or 26 forfeit an animal or other thing. 27 (2) If the Magistrates Court confirms the forfeiture, it may also give 28 directions about the sale or disposal of the animal or other thing. 29
s 205 111 s 206 Animal Care and Protection Bill 2001 (3) If the court sets aside the seizure or forfeiture, it may also-- 1 (a) order the return of the animal or other thing; or 2 (b) make another order it considers appropriate for its disposal; or 3 (c) make an order under section 191. 34 4 (4) However, the court must not order the return to a person of any of the 5 following seized things-- 6 (a) an animal or other thing that may be evidence in a proceeding 7 started in relation to the thing seized; 8 (b) a thing that has been destroyed because it has no intrinsic value; 9 (c) a thing that has been disposed of because it was perishable; 10 (d) a thing the person may not lawfully possess. 11 205 Appeal to District Court 12 An appeal lies to a District Court from a decision of the Magistrates 13 Court, but only on a question of law. 14 CHAPTER 8--GENERAL PROVISIONS 15 PART 1--OTHER OFFENCES 16 206 Obstruction of authorised officer or inspector 17 (1) A person must not obstruct an authorised officer or inspector in the 18 exercise of a power unless the person has a reasonable excuse. 19 Maximum penalty--500 penalty units. 20 (2) If a person has obstructed an authorised officer or inspector and the 21 officer or inspector decides to proceed with the exercise of the power, the 22 officer or inspector must warn the person that-- 23 34 Section 191 (Compensation because of exercise of powers)
s 207 112 s 209 Animal Care and Protection Bill 2001 (a) it is an offence to obstruct the officer or inspector unless the 1 person has a reasonable excuse; and 2 (b) the officer or inspector considers the person's conduct an 3 obstruction. 4 (3) In this section-- 5 "obstruct" includes assault, hinder, resist and attempt or threaten to 6 obstruct. 7 207 Impersonation of authorised officer or inspector 8 A person must not pretend to be an authorised officer or inspector. 9 Maximum penalty--250 penalty units. 10 208 False or misleading entry in document kept under Act 11 A person must not make an entry in a document permitted or required to 12 be made or kept under this Act knowing the entry to be false or misleading 13 in a material particular. 14 Maximum penalty--50 penalty units. 15 209 Executive officers must ensure corporation complies with Act 16 (1) The executive officers of a corporation must ensure the corporation 17 complies with this Act. 18 (2) If a corporation commits an offence against a provision of this Act, 19 each of its executive officers also commits an offence, namely, the offence 20 of failing to ensure the corporation complies with the provision. 21 Maximum penalty--the penalty for the contravention of the provision by 22 an individual. 23 (3) Evidence that the corporation has been convicted of an offence 24 against a provision of this Act is evidence that each of its executive officers 25 committed the offence of failing to ensure that the corporation complies 26 with the provision. 27 (4) However, it is a defence for an executive officer to prove that-- 28 (a) if the officer was in a position to influence the conduct of the 29 corporation in relation to the offence--the officer exercised 30
s 210 113 s 212 Animal Care and Protection Bill 2001 reasonable diligence to ensure the corporation complied with the 1 provision; or 2 (b) the officer was not in a position to influence the conduct of the 3 corporation in relation to the offence. 4 (5) It is also a defence in a proceeding against an executive officer for 5 the officer to prove information that tended to incriminate the corporation 6 was obtained under a help requirement or document production 7 requirement. 8 210 Attempts to commit offences 9 (1) A person who attempts to commit an offence against this Act 10 commits an offence. 11 Maximum penalty for an attempt--half the maximum penalty for the 12 completed offence. 13 (2) The Criminal Code, section 435 applies to subsection (1). 14 PART 2--MISCELLANEOUS PROVISIONS 15 211 Minister may establish advisory bodies 16 The Minister may establish an animal welfare advisory committee or 17 another body to advise the Minister on animal welfare issues. 18 212 Delegations 19 (1) The Minister may delegate the Minister's powers under this Act to 20 the chief executive or an appropriately qualified officer of the department. 21 (2) The chief executive may delegate the chief executive's powers under 22 this Act to an appropriately qualified person as follows-- 23 (a) an authorised officer or inspector; 24 (b) a public service officer or employee; 25 35 The Criminal Code, section 4 (Attempts to commit offences)
s 213 114 s 215 Animal Care and Protection Bill 2001 (c) a local government officer or employee; 1 (d) a prescribed entity. 2 (3) In this section-- 3 "appropriately qualified" includes having the qualifications, experience 4 or standing appropriate to the exercise of the power. 5 6 Example of `standing'-- 7 A person's classification level in the public service. 213 Electronic applications 8 (1) This section applies if-- 9 (a) this Act requires an application to be made in an approved form; 10 and 11 (b) the form provides that the application may be made at a 12 stated e-mail address. 13 (2) The application may be made by electronically communicating the 14 information required by the approved form in a format substantially similar 15 to the approved form. 16 214 Electronic notices about applications 17 (1) This section applies if an application under this Act has been made in 18 an approved form, whether or not it has been made under section 213. 19 (2) A notice from the applicant to the chief executive about the 20 application may be given by electronically communicating it to an e-mail 21 address for service for the chief executive stated in the approved form. 22 (3) A notice from the chief executive to the applicant about the 23 application may be given by communicating it to an e-mail address for 24 service for the applicant stated in the application. 25 215 Protection from liability 26 (1) This section applies to each of the following persons (a "relevant 27 person")-- 28 (a) the chief executive; 29 (b) an authorised officer; 30
s 216 115 s 217 Animal Care and Protection Bill 2001 (c) an inspector; 1 (d) if an authorised officer or inspector has asked someone else to 2 help the officer or inspector to exercise a power under this Act 3 and the other person is giving the help--the other person; 4 (e) a person who, under this Act, is required to comply with a 5 direction, order or requirement as follows and is complying with 6 the direction, order or requirement-- 7 (i) an action requirement; 8 (ii) a disposal order; 9 (iii) a document production requirement; 10 (iv) a help requirement; 11 (v) an information requirement; 12 (vi) a seizure direction. 13 (2) A relevant person is not civilly liable to someone for an act done, or 14 omission made, honestly and without negligence under this Act. 15 (3) If subsection (2) prevents a civil liability attaching to a relevant 16 person, the liability attaches instead to the State. 17 (4) In this section-- 18 "civil liability" includes liability for the payment of costs ordered to be 19 paid in a proceeding for an offence against this Act. 20 216 Approved forms 21 The chief executive may approve forms for use under this Act. 22 217 Regulation-making power 23 (1) The Governor in Council may make regulations under this Act. 24 (2) A regulation may be made about any of the following-- 25 (a) animal accommodation; 26 (b) the confinement of animals; 27 (c) animal transportation; 28 (d) using animals as follows-- 29
s 217 116 s 217 Animal Care and Protection Bill 2001 (i) for advertisements, films, photographs or television 1 programs; 2 (ii) as companion animals; 3 (iii) for commercial, recreational or scientific purposes; 4 (iv) in entertainment; 5 (v) for medical or surgical procedures; 6 (vi) in pet shops; 7 (e) licences or permits for regulating a use of animals mentioned in 8 paragraph (d) and the conditions of a licence or permit; 9 (f) medical or surgical procedures for animals; 10 (g) record keeping by-- 11 (i) a licence or permit holder; or 12 (ii) a registered person; 13 (h) electrical devices that may, or must not, be used on any animal or 14 a stated species of animal; 15 (i) charges payable, costs or fees under this Act and the following-- 16 (i) the matters in relation to which the fees are payable; 17 (ii) the amounts of the fees; 18 (iii) the persons who are liable to pay the fees; 19 (iv) when the fees are payable; 20 (v) the recovery of an amount of the fees not paid. 21 (3) A regulation may impose a penalty of no more than 20 penalty units 22 for contravention of a regulation. 23
s 218 117 s 220 Animal Care and Protection Bill 2001 PART 3--REPEALS SAVINGS AND TRANSITIONAL 1 PROVISIONS 2 Division 1--Preliminary 3 218 Definitions for pt 3 4 In this part-- 5 "commencing day" means the day section 219 commences. 6 "repealed Act" means the repealed Animals Protection Act 1925. 7 Division 2--Repeal of Animals Protection Act 1925 8 219 Repeal 9 The Animals Protection Act 1925 is repealed. 10 220 Limited continuation of Animals Protection Regulation 1991 11 (1) The Animals Protection Regulation 1991 in force under the repealed 12 Act immediately before the commencing day (the "1991 regulation") 13 continues in force under this Act with changes necessary to-- 14 (a) make it consistent with this Act; and 15 (b) adapt its operation to the provisions of this Act. 16 (2) The 1991 regulation may be amended as if it had been made under 17 this Act. 18 (3) Subsections (1) and (2) apply until the earlier of the following-- 19 (a) 12 months after the commencing day; 20 (b) the commencement of a regulation made under this Act 21 superseding the 1991 regulation or any amendment of it under 22 subsection (2). 23
s 221 118 s 224 Animal Care and Protection Bill 2001 Division 3--Savings and transitional provisions 1 221 References to repealed Act 2 In an Act or document, a reference to the repealed Act is, if the context 3 permits, a reference to this Act. 4 222 Orders under repealed Act, s 19(2) 5 (1) An order under the repealed Act, section 19(2) that was in force 36 6 immediately before the commencing day is, on the commencing day, taken 7 to be a prohibition order. 8 (2) The prohibition order is taken to have been made when the order was 9 made under the repealed Act. 10 (3) However, section 18837 does not apply to the prohibition order. 11 223 Officers under repealed Act 12 (1) A person who immediately before the commencing day was an 13 officer, other than an honorary officer, under the repealed Act is, on the 14 commencing day, taken to be appointed as an inspector under this Act. 15 (2) The appointment is-- 16 (a) subject to this Act; and 17 (b) continues only until the earlier of the following-- 18 (i) the ending of appointment under this Act; 19 (ii) the person's reappointment under this Act as an inspector; 20 (iii) 6 months after the commencing day. 21 Division 4--Expiry of pt 3 22 224 Expiry 23 This part expires 1 year after the commencing day. 24 36 The repealed Act, section 19 (Person convicted may be deprived of ownership) 37 Section 188 (Review of certain prohibition orders)
s 225 119 s 226 Animal Care and Protection Bill 2001 PART 4--AMENDMENTS 1 Division 1--Amendment of Police Powers and Responsibilities Act 2000 2 225 Act amended in div 1 3 This division amends the Police Powers and Responsibilities Act 2000. 4 226 Insertion of new ch 2, pt 6, div 2A 5 After section 65-- 6 insert-- 7 `Division 2A--Animal welfare directions 8 `65A Application of div 2A 9 `(1) This division applies if a police officer reasonably suspects-- 10 (a) a person has committed, is committing or is about to commit, an 11 animal welfare offence; or 12 (b) an animal-- 13 (i) is not being cared for properly; or 14 (ii) is experiencing undue pain; or 15 (iii) requires veterinary treatment; or 16 (iv) should not be used for work. 17 18 Example for subparagraph (iv)-- 19 A horse with `saddle sore' should not be used by a riding school. `(2) This division also applies if an animal has been seized under 20 section 66(2)(d). 21 `(3) In this section-- 22 "animal" means an animal under the Animal Care and Protection Act. 23 "veterinary treatment", of an animal, means-- 24 (a) consulting with a veterinary surgeon about the animal's 25 condition; or 26
s 226 120 s 226 Animal Care and Protection Bill 2001 (b) a medical or surgical procedure performed on the animal by a 1 veterinary surgeon; 2 (c) a medical procedure of a curative or preventive nature performed 3 on the animal by someone other than a veterinary surgeon if the 4 procedure is performed under a veterinary surgeon's directions. 5 `65B Power to give animal welfare direction 6 `(1) The police officer may give a written direction (an "animal welfare 7 direction") requiring stated action about the animal or its environment.38 8 `(2) The direction may be given to-- 9 (a) a person who owns or has a lease, licence or other proprietary 10 interest in the animal; or 11 (b) a person who has care, control or custody of the animal; or 12 (c) a person who is employing or has engaged someone else who has 13 care, control or custody of the animal and the care, control or 14 custody is within the scope of the employment or engagement; or 15 (d) a person whom the police officer reasonably suspects is a person 16 mentioned in paragraph (a), (b) or (c) (a "person in charge" of 17 the animal); or 18 (e) if the animal has been seized under section 65(2)(d)-- 19 (i) a person who, immediately before the seizure, was a person 20 in charge of the animal; or 21 (ii) a person whom the police officer reasonably suspects was, 22 immediately before the seizure, a person in charge of the 23 animal. 24 `(3) Despite subsection (2)(a), the direction may be given to a person 25 who holds a mortgage or other security interest in the animal only if the 26 person has taken a step to enforce the mortgage or other security interest. 27 `(4) Without limiting subsection (2), the direction may require any of the 28 following action to be taken-- 29 (a) care for, or treat, the animal in stated way; 30 38 See the Animal Care and Protection Act, section 161 (Failure to comply with animal welfare direction) and the schedule, definition "animal welfare direction".
s 226 121 s 226 Animal Care and Protection Bill 2001 (b) provide the animal with stated accommodation, food, rest, water 1 or other living conditions; 2 (c) consult a veterinary surgeon about the animal's condition before 3 a stated time; 4 (d) move the animal from the place where it is situated when the 5 direction is given to another stated place for a purpose mentioned 6 in paragraph (a), (b) or (c); 7 (e) not to move the animal from the place where it is situated when 8 the direction is given. 9 `(5) However, action may be required only if the police officer considers 10 it to be necessary and reasonable in the interests of the animal's welfare. 11 `(6) The direction may state how the person given the direction may 12 show that the stated action has been taken. 13 `65C Requirements for giving animal welfare direction 14 `(1) An animal welfare direction must-- 15 (a) be in the approved form for an animal welfare direction under the 16 Animal Care and Protection Act; and 17 (b) describe-- 18 (i) the animal in a way that reasonably allows the person given 19 the direction to identify it; or 20 (ii) if the direction is given because the police officer 21 reasonably suspects a person has committed, is committing 22 or is about to commit, an animal welfare offence--the type 23 of animal to which the offence relates; and 24 (c) state-- 25 (i) each requirement; and 26 (ii) a time for the person to comply with each requirement; and 27 (d) include an information notice under the Animal Care and 28 Protection Act about the decision to give the direction. 29 `(2) Despite subsection (1)(a), an animal welfare direction may be given 30 orally if-- 31 (a) the police officer considers it to be in the interests of the animal's 32 welfare to give the direction immediately; and 33
s 227 122 s 227 Animal Care and Protection Bill 2001 (b) for any reason it is not practicable to immediately give the 1 direction in the approved form; and 2 (c) the police officer warns the person it is an offence not to comply 3 with the direction unless the person has a reasonable excuse. 4 `(3) If the direction is given orally, the police officer must confirm the 5 direction by also giving it in the approved form as soon as practicable after 6 giving it orally. 7 `(4) An animal welfare direction may state that a police officer proposes, 8 at a stated time or at stated intervals, to enter the following where an animal 9 the subject of the direction is kept at to check compliance with the 10 direction-- 11 (a) a vehicle of which the person is the person in control; 12 (b) another place of which the person is the occupier. 13 `65D Review and appeal for animal welfare direction 14 `If an animal welfare direction has been given, the Animal Care and 15 Protection Act, chapter 7, part 4, applies to the decision to give the 16 direction as if-- 17 (a) the decision were an original decision under that Act; and 18 (b) the person given the direction were, under that part, an interested 19 person for the decision.'. 20 227 Amendment of s 66 (Power in relation to offences involving 21 animals) 22 (1) Section 66(1)-- 23 omit, insert-- 24 `(1) This section applies if-- 25 (a) a police officer reasonably suspects-- 26 (i) an offence involving an animal has been, is being or is about 27 to be committed at or involving a place; or 28 (ii) an animal at a place has just sustained a severe injury and 29 the injury is likely to remain untreated, or untreated for an 30 unreasonable period; or 31
s 227 123 s 227 Animal Care and Protection Bill 2001 (iii) there is an imminent risk of death or injury to an animal at a 1 place because of an accident or an animal welfare offence; 2 or 3 (b) the occupier of a place has been given an animal welfare 4 direction under this Act or the Animal Care and Protection Act 5 and-- 6 (i) the direction states a time for a police officer to enter the 7 place to check compliance with the direction; and 8 (ii) a police officer proposes to enter the place at the stated time 9 to check compliance with the direction.'. 10 (2) Section 66(2)-- 11 insert-- 12 `(ca) seize an animal at the place if-- 13 (i) the police officer reasonably suspects the animal is under an 14 imminent risk of death or injury, requires veterinary 15 treatment or is experiencing undue pain and the interests of 16 its welfare require its immediate seizure; and 17 18 Examples of `imminent risk of death or injury'-- 19 1. A prohibited event under the Animal Care and Protection Act is 20 being conducted at the place. 21 2. The animal is being beaten or tortured. (ii) the person in charge of the animal has contravened, or is 22 contravening, an animal welfare direction, under this Act or 23 the Animal Care and Protection Act, or a court order about 24 the animal;'. 25 (3) Section 66(2)-- 26 insert-- 27 `(e) take reasonable measures to relieve the pain of an animal at the 28 place. 29 30 Examples of `measures'-- 31 Feeding, untethering or watering the animal.'. (4) Section 66(2)(ca) to (e)-- 32 renumber as section 66(2)(d) to (f). 33
s 228 124 s 228 Animal Care and Protection Bill 2001 228 Insertion of new ss 66A and 66B 1 After section 66-- 2 insert-- 3 `66A Powers to provide relief to animal 4 `(1) Subsection (2) applies if-- 5 (a) a police officer reasonably suspects-- 6 (i) an animal at a place, other than a vehicle, is suffering from 7 lack of food or water or is entangled; and 8 (ii) the person in charge of the animal is not, or is apparently 9 not, present at the place; and 10 (b) the animal is not at a part of the place at which a person resides, 11 or apparently resides. 12 `(2) The police officer may enter and stay at the place while it is 13 reasonably necessary to provide the food or water or to disentangle the 14 animal. 15 `(3) Before leaving a place entered under subsection (2), the police 16 officer must leave a notice in a conspicuous position and in a reasonably 17 secure way stating the following-- 18 (a) the police officer's name and business address or telephone 19 number; 20 (b) the action taken by the police officer under subsection (2); 21 (c) when the action was taken. 22 `(4) A police officer may enter a vehicle if the officer reasonably 23 suspects there is a need to enter the vehicle to relieve an animal in pain in 24 the vehicle or prevent an animal in the vehicle from suffering pain. 25 `(5) If a police officer enters a vehicle under subsection (4), the officer 26 may take reasonable measures to relieve the pain of an animal at the place. 27 28 Examples of `measures'-- 29 Feeding, untethering or watering the animal. `(6) This section does not limit section 66. 30 `66B Power to destroy animal 31 `A police officer may destroy an animal, or cause it to be destroyed, if-- 32
s 229 125 s 229 Animal Care and Protection Bill 2001 (a) the animal has been seized under section 66(2)(d) or the animal's 1 owner has given written consent to the destruction; and 2 (b) the police officer reasonably believes that the animal is in pain to 3 the extent that it is cruel to keep it alive.'. 4 229 Amendment of sch 4 (Dictionary) 5 Schedule 4-- 6 insert-- 7 ` "Animal Care and Protection Act" means the Animal Care and 8 Protection Act 2001. 9 "animal welfare direction" see section 65B(1). 10 "animal welfare offence"-- 11 1. An "animal welfare offence" means an offence against-- 12 (a) the Animal Care and Protection Act, other than chapter 6, 13 part 2, divisions 2, 3, 4 and 7 and chapter 8, part 1; or 14 (b) the Criminal Code, section 468.39 15 2. However, an offence by an executive officer of a corporation 16 against the Animal Care and Protection Act, section 209(2) is 17 only an animal welfare offence if the relevant offence by the 18 corporation is an animal welfare offence. 19 "pain", for an animal, includes distress and mental or physical suffering. 20 "person in charge", of an animal, see section 65B(2)(d). 21 "veterinary surgeon" means a person registered as a veterinary surgeon 22 under the Veterinary Surgeons Act 1936. 23 "welfare", of an animal, means issues about the health, safety or wellbeing 24 of the animal.'. 25 39 The Criminal Code, section 468 (Injuring animals)
s 230 126 s 231 Animal Care and Protection Bill 2001 Division 2--Consequential amendments 1 230 Corrective Services Act 2000 2 (1) This section amends the Corrective Services Act 2000. 3 (2) Section 208, heading, `laws'-- 4 omit, insert-- 5 `local laws' 6 (3) Section 208(2)-- 7 omit. 8 231 Police Service Administration Act 1990 9 (1) This section amends the Police Service Administration Act 1990. 10 (2) Section 10.21B(2)-- 11 omit. 12 (3) Section 10.21B(3)-- 13 renumber as section 10.21B(2). 14
127 Animal Care and Protection Bill 2001 SCHEDULE 1 DICTIONARY 2 section 10 3 "action requirement" see section 140(2). 4 "animal" see section 11. 5 "animal ethics committee", for chapter 4, see section 50. 6 "animal welfare direction" means an animal welfare direction under-- 7 (a) section 159; or 8 (b) the Police Powers and Responsibilities Act 2000. 9 "animal welfare offence"-- 10 1. An "animal welfare offence" means an offence against-- 11 (a) this Act, other than chapter 6, part 2, divisions 2, 3, 4 and 7 12 and chapter 8, part 1; or 13 (b) the Criminal Code, section 468.40 14 2. However, an offence by an executive officer of a corporation 15 against section 209(2) is only an animal welfare offence if the 16 relevant offence by the corporation is an animal welfare offence. 17 "animal welfare offence report", for chapter 4, part 2, division 5, see 18 section 82(1). 19 "approved form" means a form approved by the chief executive under 20 section 216. 21 "at", a place, includes in or on the place. 22 "authorised officer" means a person who holds appointment as an 23 authorised officer under this Act. 24 "code of practice" means a code of practice made under section 13(1). 25 "compulsory code requirement" see section 15(2). 26 "confine" an animal includes doing any of the following to it-- 27 40 The Criminal Code, section 468 (Injuring animals)
128 Animal Care and Protection Bill 2001 SCHEDULE (continued) (a) caging or keeping it in captivity in some other way; 1 (b) maiming, mutilating or pinioning it or subjecting it to a device to 2 hinder or prevent its free movement; 3 (c) tethering it. 4 "conviction" means-- 5 (a) generally--a finding of guilt, or the acceptance of a plea of 6 guilty, by a court, whether or not a conviction is recorded; and 7 (b) for chapter 4--see also section 50. 8 "custody", of an animal, includes care and control of the animal. 9 "debarking operation" see section 25(1). 10 "destroy" an animal includes disposing of it after it has been killed. 11 "disclosure exemption" see section 64(1). 12 "disposal order" see section 182(1). 13 "disqualifying event", for chapter 4, see section 50. 14 "document production requirement" see section 168(1). 15 "duty of care", for a person in charge of an animal, means the duty 16 imposed on the person under section 17(1). 17 "enter" includes-- 18 (a) generally for a place--re-enter the place; and 19 (b) also for a vehicle--board or re-board the vehicle. 20 "entry requirement" see section 134(1). 21 "event" includes competition, display and race. 22 "executive officer", of a corporation, means a person who is concerned 23 with, or takes part in, its management, whether or not the person is a 24 director or the person's position is given the name of executive 25 officer. 26 "exercise a power", under this Act, includes exercise a power under an 27 order, warrant or another authority issued under this Act. 28 "help requirement" see section 138(1). 29 "identity card" of-- 30
129 Animal Care and Protection Bill 2001 SCHEDULE (continued) (a) an authorised officer--means the identity card given to the 1 officer under section 104(1); or 2 (b) an inspector--means the identity card given to the inspector 3 under section 119(1). 4 "in", a place, includes at or on the place. 5 "information notice", for a decision of the chief executive or an 6 authorised officer or inspector, means a notice stating the following-- 7 (a) the decision; 8 (b) the reasons for it; 9 (c) that the person to whom the notice is given may apply to the 10 chief executive for a review of the decision within 14 days after 11 the person receives the notice; 12 (d) how to apply for a review. 13 "information requirement" see section 165(2). 14 "inspector" means a person who holds appointment as an inspector under 15 this Act. 16 "interested person", for an original decision, means-- 17 (a) a person who has been given, or is entitled to be given, an 18 information notice; and 19 (b) if the decision relates to an animal--the person in charge of the 20 animal. 21 "justice of the peace (qualified)" means a justice of the peace (qualified) 22 under the Justices of the Peace and Commissioners for Declarations 23 Act 1991. 24 "monitoring program" see section 95(1). 25 "notice" means a written notice. 26 "offence exemption", for chapter 3, part 6, see section 38(1). 27 "offence warning", for a direction or requirement under this Act, means a 28 warning that, without reasonable excuse, it is an offence for the person 29 to whom the direction or requirement is given, or of whom it is made, 30 not to comply with it. 31 "original decision" means the decision to do any of the following-- 32
130 Animal Care and Protection Bill 2001 SCHEDULE (continued) (a) refuse a registration application; 1 (b) impose a registration condition; 2 (c) refuse a disclosure exemption application; 3 (d) grant a disclosure exemption application for only part of the 4 registration details the subject of the application; 5 (e) amend registration details; 6 (f) cancel or suspend registration; 7 (g) refuse an application under section 93; 8 (h) seize, under this Act or a warrant, an animal or other thing, unless 9 the seizure was in a circumstance mentioned in section 150(1)(a) 10 to (c); 11 (i) forfeit, under section 154(2), an animal or other thing; 12 (j) give an animal welfare direction. 13 "owner", for a thing that has been seized under this Act, includes a person 14 who would be entitled to possession of the thing had it not been 15 seized. 16 "pain" includes distress and mental or physical suffering. 17 "personal details requirement" see section 163(4). 18 "person in charge", of an animal, see section 12. 19 "person in control", of a vehicle, includes-- 20 (a) the vehicle's driver or rider; and 21 (b) anyone who reasonably appears to be, claims to be or acts as if he 22 or she is, the vehicle's driver or rider or the person in control of 23 the vehicle. 24 "place" includes the following-- 25 (a) premises; 26 (b) vacant land; 27 (c) a vehicle; 28 (d) a place in Queensland waters; 29 (e) a place held under 2 or more titles or owners; 30
131 Animal Care and Protection Bill 2001 SCHEDULE (continued) (f) the land or water where a building or structure, or a group of 1 buildings or structures, is situated. 2 "possession" includes control and custody. 3 "premises" includes the following-- 4 (a) a building or structure, or part of a building or structure, of any 5 type; 6 (b) a group of buildings or structures, or part of a group of buildings 7 or structures, of any type; 8 (c) a caravan or vehicle; 9 (d) a cave or tent; 10 (e) premises held under 2 or more titles or owners. 11 "prescribed entity" means-- 12 (a) the Royal Society for the Prevention of Cruelty to Animals 13 Queensland Incorporated; or 14 (b) another entity prescribed under a regulation whose objects 15 include animal welfare or the provision of facilities to care for 16 animals. 17 "prohibited event" see section 20. 18 "prohibition order" see section 183(1). 19 "prohibited trap or spur" see section 34(1). 20 "proposed action", for chapter 4, part 2, division 4, see section 75(1)(a). 21 "public place" means-- 22 (a) a place, or part of the place-- 23 (i) the public is entitled to use, is open to members of the 24 public or is used by the public, whether or not on payment 25 of money; or 26 27 Examples of a place that may be a public place under 28 subparagraph (i)-- 29 1. A beach. 30 2. A park. 31 3. A road.
132 Animal Care and Protection Bill 2001 SCHEDULE (continued) (ii) the occupier of which allows, whether or not on payment of 1 money, members of the public to enter; or 2 3 Examples of a place that may be a public place under 4 subparagraph (ii)-- 5 1. A saleyard. 6 2. A showground. (b) a place that is a public place under another Act.41 7 "reasonable" means reasonable in the circumstances. 8 "reasonably believes" means to believe on grounds that are reasonable in 9 the circumstances. 10 "reasonably suspects" means to suspect on grounds that are reasonable in 11 the circumstances. 12 "register", when used as a noun, means the register of scientific users the 13 chief executive keeps under section 60. 14 "registered" means-- 15 (a) for a person--registration under chapter 4, part 2, that has not 16 been cancelled or suspended; or 17 (b) for registration details--included in the register. 18 "registered operator", of a vehicle, means-- 19 (a) if it is registered in Queensland--the person in whose name the 20 vehicle is registered under the Transport Operations (Road Use 21 Management) Act 1995; or 22 (b) if it is registered in another State--the person in whose name the 23 vehicle is registered under the Act of the State that corresponds to 24 the Transport Operations (Road Use Management) Act 1995. 25 "registration application" see section 52. 26 "registration conditions" see section 56. 27 "registration decision", for chapter 4, part 2, division 5, see section 81. 28 41 See, for example, the Police Powers and Responsibilities Act 2000, schedule 4, definition "public place" and the Vagrants, Gaming and Other Offences Act 1931, section 2, definition "public place".
133 Animal Care and Protection Bill 2001 SCHEDULE (continued) "registration details" see section 61(3). 1 "release" includes cause or permit to be released. 2 "relevant code provisions", for a draft monitoring program, see 3 section 96(1). 4 "review application" see section 194. 5 "review decision" see section 197(1)(b). 6 "scientific purposes" see section 48. 7 "scientific use code" see section 49. 8 "seize" includes keep. 9 "seizure direction" see section 146(1). 10 "slaughter", an animal, includes preparing it for slaughter. 11 "stop signal" see section 132(1). 12 "supply" includes the following-- 13 (a) give or sell; 14 (b) possess for supply; 15 (c) offer or agree to give, sell or otherwise supply; 16 (d) cause or permit to be given, sold or otherwise supplied. 17 "transport" includes-- 18 (a) contain and load, or cause or permit to be contained or loaded, 19 for transport; and 20 (b) cause or permit to be transported. 21 "trap" includes net. 22 "use" includes-- 23 (a) generally--cause or permit to be used; and 24 (b) for an animal-- 25 (i) acquiring, breeding with, caring for, disposing of or 26 identifying the animal; and 27 (ii) drive, load, ride, transport and work; and 28
134 Animal Care and Protection Bill 2001 SCHEDULE (continued) (iii) accommodating or providing other living conditions for the 1 animal; and 2 (c) for premises--keep, manage and occupy; and 3 (d) for a trap--set. 4 "vehicle" includes an aircraft, boat, trailer, train and tram. 5 "veterinary surgeon" means a person registered as a veterinary surgeon 6 under the Veterinary Surgeons Act 1936. 7 "veterinary treatment", of an animal, means-- 8 (a) consulting with a veterinary surgeon about the animal's 9 condition; or 10 (b) a medical or surgical procedure performed on the animal by a 11 veterinary surgeon; 12 (c) a medical procedure of a curative or preventive nature performed 13 on the animal by someone other than a veterinary surgeon if the 14 procedure is performed under a veterinary surgeon's directions. 15 "welfare", of an animal, means issues about the health, safety or wellbeing 16 of the animal. 17 18 19 20 © State of Queensland 2001