Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introduction

   1.      Short title
   2.      Commencement

           Part 2--Purposes and application of Act

           Division 1--Purposes

   3.      Purposes of Act
   4.      How purposes are to be primarily achieved

           Division 2--Application

   5.      Act binds all persons
   6.      Application of Act to State for protected or wild animals
   7.      Relationship with certain other Acts
   8.      Aboriginal tradition and Island custom
   9.      Act does not affect other rights or remedies

           Part 3--Interpretation

           Division 1--Dictionary

   10.     Definitions

           Division 2--Key definitions

   11.     What is an animal
   12.     Meaning of a person in charge of an animal

CHAPTER 2--CODES OF PRACTICE

   13.     Making codes of practice
   14.     Tabling and inspection of documents adopted in codes of practice
   15.     Regulation may require compliance with code of practice
   16.     Use of code of practice in proceeding

CHAPTER 3--GENERAL ANIMAL OFFENCES

           Part 1--Breach of duty of care

   17.     Breach of duty of care prohibited

           Part 2--Cruelty offences

   18.     Animal cruelty prohibited
   19.     Unreasonable abandonment or release

           Part 3--Prohibited events

           Division 1--Preliminary

   20.     Meaning of prohibited event

           Division 2--Prohibitions

   21.     Participation in prohibited event
   22.     Presence at prohibited event

           Part 4--Regulated surgical procedures

           Division 1--Regulated procedures for dogs

   23.     Cropping dog's ear
   24.     Docking dog's tail
   25.     Debarking operations

           Division 2--Regulated procedures for other animals

   26.     Removal of cat's claw
   27.     Docking tail of cattle or horse

           Division 3--Restriction on supplying animals that have undergone a regulated surgical procedure

   28.     Restriction on supplying debarked dog
   29.     Other restrictions

           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
   31.     Releasing animal for injury or killing by dog
   32.     Keeping or using kill or lure for blooding or coursing
   33.     Obligation to exercise closely confined dogs

           Division 2--Possession or use of certain traps or spurs

   34.     Possession of prohibited trap or spur unlawful
   35.     Use of prohibited trap or spur unlawful

           Division 3--Baits or harmful substances

   36.     Prohibitions

           Division 4--Allowing animal to injure or kill another animal

   37.     Unlawfully allowing an animal to injure or kill another animal

           Part 6--Exemptions

           Division 1--Preliminary

   38.     Operation of pt 6

           Division 2--Compliance with relevant code

   39.     Offences excluded from div 2
   40.     Compliance with relevant code of practice or scientific use code

           Division 3--Other offence exemptions

   41.     Limits on application of offence exemptions under div 3
   42.     Feral or pest animals
   43.     Animals used to feed another animal
   44.     Fishing using certain live bait
   45.     Slaughter under religious faith
   46.     Use of fishing apparatus under shark fishing contract
   47.     Supplying animal

CHAPTER 4--USING ANIMALS FOR SCIENTIFIC PURPOSES

           Part 1--Preliminary

   48.     When an animal is used for scientific purposes
   49.     What is the scientific use code
   50.     Definitions for ch 4

           Part 2--Registration of scientific users

           Division 1--Who must obtain registration

   51.     Requirement for registration

           Division 2--Obtaining registration
           Subdivision 1--Registration applications

   52.     Applying for registration
   53.     Chief executive may seek further documents or information
           Subdivision 2--Deciding registration application
   54.     Deciding application
   55.     Criteria for decision
   56.     Registration conditions
           Subdivision 3--Action after decision on registration application
   57.     Grant of registration application
   58.     Term of registration
   59.     Notice of refusal of registration application

           Division 3--Register of scientific users
           Subdivision 1--The register

   60.     Register
   61.     Registration details
   62.     Inspection of register
   63.     False representations about registration
           Subdivision 2--Exemption from disclosure of registration details
   64.     Who may apply
   65.     Requirements for application
   66.     Deciding application
   67.     Criteria for decision
   68.     Exemption may be limited
   69.     Notice of refusal of disclosure exemption application
   70.     Effects of disclosure exemption

           Division 4--Amendment, cancellation or suspension
           Subdivision 1--Amendment of registration details

   71.     Amendments for which proposed action notice not required
   72.     Amendments for which proposed action notice is required
           Subdivision 2--Cancellation or suspension of registration
   73.     Conditions for cancellation or suspension
           Subdivision 3--Procedure for amendment, cancellation or suspension
   74.     Application of sdiv 3
   75.     Notice of proposed action
   76.     Considering representations
   77.     Decision on proposed action
   78.     Notice and taking of effect of proposed action decision
           Subdivision 4--Steps after amendment or suspension
   79.     Replacement of registration certificate
   80.     Requirement to record suspension

           Division 5--Investigation of applicants and registered persons

   81.     Application of div 5
   82.     Animal welfare offence reports
   83.     Use of information in animal welfare offence report
   84.     Notice of use of information in animal welfare offence report
   85.     Confidentiality of animal welfare offence reports
   86.     Destruction of animal welfare offence reports

           Division 6--Miscellaneous provisions

   87.     Reporting obligations of registered persons
   88.     Replacement registration certificates
   89.     No transfer of registration
   90.     Surrender of registration

           Part 3--Restrictions on scientific users

   91.     Use for scientific purposes must comply with code
   92.     Use for certain scientific purposes unlawful
   93.     Obtaining approval to use for unlawful scientific purpose

CHAPTER 5--CODE COMPLIANCE MONITORING

           Part 1--Preliminary

   94.     Purposes of ch 5

           Part 2--Monitoring programs

   95.     Chief executive may make monitoring program
   96.     Publication of draft monitoring program
   97.     Comments to be considered before final program made
   98.     Final monitoring program

           Part 3--Authorised officers

           Division 1--Appointment

   99.     Appointment and qualifications
   100.    Functions
   101.    Appointment conditions and limit on powers
   102.    When authorised officer ceases to hold office
   103.    Resignation

           Division 2--Identity cards

   104.    Issue of identity card
   105.    Production or display of identity card
   106.    Return of identity card

           Part 4--Powers of authorised officers

           Division 1--General

   107.    General provisions about powers

           Division 2--Entry powers
           Subdivision 1--Entry to places other than vehicles

   108.    Power of entry
   109.    Procedure for entry with consent
   110.    Procedure for other entries
           Subdivision 2--Entry to vehicles
   111.    Power of entry
   112.    Procedure for entry without consent if person in control or occupier present

           Division 3--Other powers

   113.    Certain inspectors' powers apply for entry

CHAPTER 6--INVESTIGATION AND ENFORCEMENT

           Part 1--Inspectors

           Division 1--Appointment

   114.    Appointment and qualifications
   115.    Functions
   116.    Appointment conditions and limit on powers
   117.    When inspector ceases to hold office
   118.    Resignation

           Division 2--Identity cards

   119.    Issue of identity card
   120.    Production or display of identity card
   121.    Return of identity card

           Part 2--Powers of inspectors

           Division 1--Entry to places other than vehicles
           Subdivision 1--Entry powers

   122.    Power of entry
   123.    Limited entry power to provide relief to animal
           Subdivision 2--Procedure for entry without warrant
   124.    Procedure for entry with consent
   125.    Procedure for other entries without warrant
           Subdivision 3--Warrants
   126.    Application for warrant
   127.    Issue of warrant
   128.    Special warrants
   129.    Warrants—procedure for entry

           Division 2--Entry to vehicles
           Subdivision 1--Power to enter vehicles

   130.    Power of entry
   131.    Procedure for entry without consent if person in control or occupier present
           Subdivision 2--Powers to support entry
   132.    Power to stop vehicle that may be entered
   133.    Failure to comply with stop signal
   134.    Power to require help to enter from person in control
   135.    Failure to comply with entry requirement

           Division 3--Powers for entry to all places

   136.    Application of div 3
   137.    General powers
   138.    Power to require reasonable help
   139.    Failure to comply with help requirement
   140.    Power to require person in control of vehicle to take action
   141.    Failure to comply with action requirement

           Division 4--Seizure and forfeiture
           Subdivision 1--Powers of seizure

   142.    General power to seize evidence
   143.    Seizing evidence under warrant
   144.    Seizure for welfare of animal
   145.    Seizure of property subject to security
           Subdivision 2--Powers to support seizure
   146.    Direction to person in charge
   147.    Failure to comply with seizure direction
   148.    Powers for seized things
   149.    Offence to tamper with seized thing
           Subdivision 3--Safeguards for seized property
   150.    Information notice and receipt for seized property
   151.    Access to seized property
   152.    Return of seized animal
   153.    Return of other seized property
           Subdivision 4--Forfeiture
   154.    Power to forfeit
   155.    Information notice about forfeiture
           Subdivision 5--Dealing with property forfeited or transferred to State or prescribed entity
   156.    When transfer takes effect
   157.    How property may be dealt with

           Division 5--Animal welfare directions

   158.    Application of div 5
   159.    Power to give animal welfare direction
   160.    Requirements for giving animal welfare direction
   161.    Failure to comply with animal welfare direction

           Division 6--Inspector's power to destroy animals

   162.    Power of destruction

           Division 7--Other powers

   163.    Power to require name and address
   164.    Failure to comply with personal details requirement
   165.    Power to require information
   166.    Failure to comply with information requirement
   167.    False or misleading statements
   168.    Power to require production of documents
   169.    Failure to comply with document production requirement
   170.    False or misleading documents

           Part 3--Notice of damage because of exercise of powers

   171.    Application of pt 3
   172.    Requirement to give notice
   173.    Content of notice

CHAPTER 7--EVIDENCE AND LEGAL PROCEEDINGS

           Part 1--Evidence

           Division 1--General evidentiary aids

   174.    Application of div 1
   175.    Appointments and authority
   176.    Signatures
   177.    Other evidentiary aids

           Division 2--Offence proceedings

   178.    Offences under Act are summary
   179.    Statement of complainant's knowledge
   180.    False or misleading statements
   181.    Conduct of representatives

           Part 2--Orders relating to animal welfare offences

   182.    Disposal order
   183.    Prohibition order
   184.    Order against owner in certain cases
   185.    Criteria for making disposal or prohibition order
   186.    Procedure and powers for making disposal or prohibition order
   187.    Contravention of prohibition order unlawful
   188.    Review of certain prohibition orders

           Part 3--Remedies

   189.    Recovery of seizure, compliance or destruction costs
   190.    Compensation because of animal welfare offence
   191.    Compensation because of exercise of powers
   192.    General provisions for orders under pt 3

           Part 4--Reviews and appeals

           Division 1--Internal reviews

   193.    Internal review process
   194.    Who may apply for internal review
   195.    Requirements for making application
   196.    Stay of operation of original decision
   197.    Internal review
   198.    Notice of internal review decision

           Division 1A--External reviews by QCAT

   198A.   Who may apply for external review

           Division 2--Appeals

   199.    Who may appeal
   200.    Starting appeal
   201.    Stay of operation of internal review decision
   202.    Hearing procedures
   203.    Court's powers on appeal—general
   204.    Particular powers about seizure or forfeiture
   205.    Appeal to District Court

CHAPTER 8--GENERAL PROVISIONS

           Part 1--Other offences

   206.    Obstruction of authorised officer or inspector
   207.    Impersonation of authorised officer or inspector
   208.    False or misleading entry in document kept under Act
   209.    Executive officers must ensure corporation complies with Act
   210.    Attempts to commit offences

           Part 2--Miscellaneous provisions

   211.    Minister may establish advisory bodies
   212.    Delegations
   213.    Electronic applications
   214.    Electronic notices about applications
   214A.   Transferring ownership of animal in particular circumstances
   215.    Protection from liability
   216.    Approved forms
   217.    Regulation-making power

CHAPTER 9--TRANSITIONAL PROVISION FOR PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2006

   218.    Reporting obligation of registered person
           SCHEDULE DICTIONARY
           Endnotes