Victorian Consolidated Legislation

Prevention of Cruelty to Animals Act 1986 - SECT 3

Definitions

3. Definitions



(1) In this Act-



* * * * *



animal ethics committee means a committee, the principal function of which is
to determine the ethical practices that are to apply to the carrying out of
scientific procedures;

Code of Practice means a Code of Practice made and published and as varied
from time to time under section 7;



* * * * *





Department means the Department of Primary Industries;





Department Head means the Department Head (within the meaning of the
Public Administration Act 2004) of the Department;



dock, in relation to the tail of a dog or a horse, means the amputation,
removal or shortening of the tail of the animal, other than the shortening of
the tail hairs of the animal;

farm animal means-

   (a)  if kept for or used in connexion with primary production-cattle,
        sheep, pigs, poultry, goats and deer; and

   (b)  horses other than horses kept for or used in connexion with sporting
        events, equestrian competitions, pony clubs, riding schools, circuses
        or rodeos; general inspector means a person who is a general inspector
        under section 18;



* * * * *

person in charge of in relation to an animal or thing, includes-

   (a)  a person who has the animal or thing in the person's possession or
        custody, or under the person's care, control or supervision; and

   (b)  any employee or agent of the owner of the animal or thing if a person
        referred to in paragraph (a) is bound to comply with the directions of
        that employee or agent in respect of the animal or thing; POCTA
        inspector means a general inspector or a specialist inspector;



premises includes-

   (a)  a building or part of a building; and

   (b)  a tent, stall or other structure, whether permanent or temporary; and

   (c)  land, whether or not appurtenant to a building; and

   (ca) a vehicle, vessel or aircraft; and

   (d)  any other place;

prescribed means prescribed by the regulations; prohibited procedure means any
of the following-

   (a)  the procedure of cropping the ears of a dog, unless the procedure is
        done by a veterinary practitioner for the purpose of having a
        therapeutic effect on the dog; or

   (b)  the procedure of debarking a dog, unless the procedure is done by a
        veterinary practitioner and in accordance with the Code of Practice as
        to the debarking of dogs; or

   (c)  the procedure of docking the tail of a dog or horse, unless the
        procedure is done by a veterinary practitioner for the purpose of
        having a therapeutic effect on the dog or horse; or

   (d)  the procedure of grinding, clipping or trimming the teeth of a sheep
        using an electrical or motorised device, unless the procedure is done
        by a veterinary practitioner for the purpose of having a therapeutic
        effect on the sheep; or

   (e)  the procedure of removing the claws of a cat, unless the procedure is
        done by a veterinary practitioner for the purpose of having a
        therapeutic effect on the cat; or

   (f)  the procedure of removing the venom sacs of a reptile, unless the
        procedure is done by a veterinary practitioner for the purpose of
        having a therapeutic effect on the reptile; or;

   (g)  the procedure of thermocautery or firing of a horse;

regulations means regulations made under this Act; rodeo licence means a
licence granted under section 17;

rodeo permit means a permit issued under section 17B(1);

rodeo school permit means a permit issued under section 17B(2);

scientific premises means a premises ordinarily used for scientific research,
teaching or testing;

scientific procedure means any procedure, test, experiment, inquiry,
investigation or study which is carried out on or in connection with an animal
in the course of which-

   (a)  an animal is subjected to-

   (i)  surgical, medical, psychological, biological, chemical or physical
        treatment; or

   (ii) conditions of heat, cold, light, dark, confinement, noise, isolation
        or overcrowding to which an animal of that species is not accustomed;
        or

   (iii) abnormal dietary conditions; or

   (iv) electric shock or radiation treatment; or

   (b)  any tissue, material or substance is extracted or derived from the
        body of an animal- and which is for-

   (c)  the purpose of acquiring, demonstrating or developing knowledge in the
        field of medical, dental, veterinary, agricultural, behavioural or
        biological science or in any other field of science; or

   (d)  the purpose of acquiring, demonstrating, exercising or developing
        techniques used in the practice of medical, dental, veterinary,
        agricultural, behavioural or biological science or in any other field
        of science; or

   (e)  the purpose of developing or testing the use, hazards, safety or
        efficiency of vaccines, substances, drugs, materials or appliances
        intended for use in, on or in connexion with human beings or animals;
        or

   (f)  any other purpose prescribed for the purposes of this paragraph- but
        does not include-

   (g)  the treatment of an animal for the purpose of promoting its health or
        welfare by or in accordance with the instructions of a veterinary
        practitioner; or

   (h)  the conduct of animal husbandry carried out in accordance with a Code
        of Practice; or

   (i)  the collection, taking, banding and marking of wildlife within the
        meaning of and in accordance with the Wildlife Act 1975; or

   (j)  any or any type of procedure, test, experiment, inquiry, investigation
        or study prescribed for the purposes of this paragraph; scientific
        procedures field work licence means a licence issued under section
        32A;



scientific procedures premises licence means a licence issued under section
29;





* * * * *





specialist inspector means a person appointed as a specialist inspector under
section 18A;

specified animals breeding licence means a licence issued under section 32E;





veterinary practitioner means a veterinary practitioner registered under the
Veterinary Practice Act 1997;



* * * * *





(2) If under the Public Administration Act 2004 the name of the Department of
Primary Industries is changed, a reference to that Department in the
definition of Department in subsection (1) must, from the date when the name
is changed, be taken to be a reference to the Department by its new name.





(3) In this Act, other than Part 3, animal means-

   (a)  a live member of a vertebrate species including any-

   (i)  fish or amphibian; or

   (ii) reptile, bird or mammal, other than any human being or any reptile,
        bird or other mammal that is below the normal mid-point of gestation
        or incubation for the particular class of reptile, bird or mammal; or

   (b)  a live adult decapod crustacean, that is-

   (i)  a lobster; or

   (ii) a crab; or

   (iii) a crayfish.