PREVENTION OF CRUELTY TO ANIMALS ACT 1986

Victorian Consolidated Legislation

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PREVENTION OF CRUELTY TO ANIMALS ACT 1986

No. 46 of 1986
Version incorporating amendments as at 16 December 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Binding of Crown
5. Repealed
6. Application of Act
7. Codes of Practice

PART 2-PROTECTION OF ANIMALS

Division 1-Cruelty

8. Definitions
9. Cruelty
10. Aggravated cruelty
11. Defence to cruelty or aggravated cruelty
11A. Further prohibited procedure offences
12. Serious offences
12A. Registration of interstate orders
12B. Governor in Council may declare corresponding law
13. Baiting and luring
14. Trap-shooting
15. Selling traps
15AB. Setting or using traps
15A. Dogs on moving vehicles
15B. Offence under section 15A to be operator onus offence
15C. Breeding of animals with heritable defects

Division 2-Rodeos

16. Offence to operate rodeos without a licence or permit
17. Grant of rodeo licences
17A. Duration of licences
17B. Issue of rodeo permits and rodeo school permits
17C. Application for a rodeo licence, a rodeo permit or a rodeo
school permit
17D. Grounds on which Department Head may refuse to grant or
issue licence or permit
17E. Conditions on licences and permits
17F. Variation of licences and permits
17G. Notice of proposal to cancel a rodeo licence or permit or rodeo school licence
17H. Making of submissions on proposal to cancel
17I. Cancellation of a rodeo licence, a rodeo permit or rodeo school permit

Division 3-POCTA Inspectors

18. General inspectors
18A. Specialist inspectors
19. Identification certificates of POCTA inspectors
20. Offence to impersonate etc. POCTA inspectors

PART 2A-ENFORCEMENT

Division 1-Preliminary

21. Definitions
21A-21M Repealed

Division 2-Emergency powers to deal with animals

22. Power to seize abandoned animals in public places
22A. Repealed
23. Emergency powers of entry in relation to animals
23A, 23B Repealed
24. Emergency power to enter and seize or destroy abandoned animals
24A. Additional powers that may be exercised on emergency entry
24B. Powers to recover certain costs
24C. Obtaining veterinary treatment
24D. Emergency powers of veterinary practitioners and superintendents of saleyards

Division 3-Search for and seizure of animals, warrants and authorisations

24E. Notice to seize animal
24F. Power of specialist inspector to seize animal under authorisation of Minister
24G. Search warrants for abandoned etc animals on premises
24H. Magistrates' Court may extend period of warrant under section 24G.

Division 4-Search for and seizure of things

24I. Definition
24IA. Repealed
24J. Seizure of things
24K. Search warrants for premises
24L. Additional power of entry for specialist inspectors

Division 5-General provisions as to search warrants

24M. Provisions as to search warrants
24N. Application of Magistrates' Court Act 1989.
24O. Announcement before entry
24P. Details of warrant to be given to occupier
24Q. Seizure of things not mentioned in the warrant and taking of samples

Division 6-Duties and powers as to seized animals

24R. Duty to take steps to identify owner
24S. Steps to be taken where welfare of animal not at risk
24T. Provision for recovery or disposal of animals that are not
at risk
24U. Steps to be taken where welfare of animal is at risk
24V. Power to retain animal for purposes of application under section 24X.
24W. Power to dispose of animal at risk not claimed by owner or person in charge
24X. Court orders as to costs and disposal of animals
24Y. Methods of disposal of animals
24Z. Power to destroy diseased or distressed animals
24ZA. Disposal of animal by sale
24ZB. Costs and proceeds of sold animals
24ZC. Costs and proceeds of destroyed animals
24ZD. Forfeiture of seized animal

Division 7-Duties and powers as to seized things (that are not animals)

24ZE. Definition
24ZF. Receipt must be given for any thing seized
24ZG. Copies of certain seized things to be given
24ZH. Access to seized things
24ZI. Return of seized thing before commencement of
proceedings
24ZJ. Return of seized things
24ZK. Magistrates' Court may extend retention period
24ZL. Dispute as to person entitled to return of seized thing
24ZM. Unclaimed seized thing may be sold or destroyed
24ZN. Forfeiture of seized things

Division 8-Samples

24ZO. Provisions relating to the taking and keeping of samples

Division 9-Further miscellaneous powers, duties and offences

24ZP. Notice to comply
24ZQ. Requirement to give information to inspector during entry
24ZR. Offences as to inspectors
24ZS. Offences as to veterinary practitioners etc.
24ZT. Offence to fail to provide name and address
24ZU. POCTA inspectors must identify themselves
24ZV. Protection against self-incrimination
24ZW. Power to file charges

PART 3-SCIENTIFIC PROCEDURES

Division 1-Preliminary

25. Definitions

Division 2-Offences

26. Offences relating to scientific procedures carried out at
scientific premises
27. Offences relating to scientific procedures carried out outside scientific premises
28. Offences relating to breeding of specified animals for use in scientific procedures

Division 3-Scientific procedures premises licences

29. Grant of a scientific procedures premises licence
30. Application for a scientific procedures licence
31. Duration of scientific procedures premises licences
32. Conditions on scientific procedures premises licences

Division 4-Scientific procedures field work licences

32A. Grant of a scientific procedures field work licence
32B. Application for a scientific procedures field work licence
32C. Duration of scientific procedures field work licences
32D. Conditions on scientific procedures field work licences

Division 5-Specified animals breeding licences

32E. Grant of a specified animals breeding licence
32F. Application for a specified animals breeding licence
32G. Duration of specified animals breeding licence
32H. Conditions on specified animals breeding licence

Division 6-General licensing provisions

32I. Power of Department Head to renew licences
32J. Application to renew a licence
32K. Power of the Department Head to vary licences
32L. Variation of licence on the motion of the Department Head
32M. Application to vary a licence
32N. Suspension of licence and notice of proposal to cancel
32O. Making of submissions on suspension
32P. Power of the Department Head to cancel a licence
32Q. Notice of Department Head's decision
32R. Coming into effect of cancellation

Division 7-Miscellaneous

33. Review by Victorian Civil and Administrative Tribunal
34. Peer Review Committee
35. Authorized officers
36. Offences
37. Repealed

PART 3A-INFRINGEMENT NOTICES

37A. Power to serve a notice
37B. Form of notice
37C-37H Repealed

PART 4-MISCELLANEOUS

38. Delegation
39. Evidence
40. Neglect to prosecute
41. Liability for offences
41AA. Offences by bodies corporate
41AB. Conduct by officers, employees or agents
41AC. Time for filing certain charges under this Act
41A. Council employees etc. not subject to offence for giving information
42. Regulations

PART 5-TRANSITIONALS

43. Prevention of Cruelty to Animals (Amendment) Act 2000.
__________________
SCHEDULE-Table of Diseases Caused by Heritable Defects
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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