PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 6 Application of Act
PREVENTION OF CRUELTY TO ANIMALS ACT 1986 - SECT 6
Application of Act(1) This Act does not apply to—
S. 6(1)(a) amended by No. 77/1995 s. 5(2)(3).
(a) the slaughter of animals in accordance with the Meat Industry Act 1993 or any Commonwealth Act [1] ; or
S. 6(1)(b) amended by No. 60/2012 s. 31.
(b) except to the extent that it is necessary to rely upon a Code of Practice as a defence to an offence under this Act, the keeping, treatment, handling, transportation, sale, killing, hunting, shooting, catching, trapping, netting, marking, care, use, husbandry or management of any animal or class of animals (other than a farm animal or class of farm animals) which is carried out in accordance with a Code of Practice; or
(c) any act or practice with respect to the farming, transport, sale or killing of any farm animal which is carried out in accordance with a Code of Practice; or
S. 6(1)(d) amended by Nos 52/1994 s. 97(Sch. 3 item 23.1), 69/2004 s. 48(1).
(d) anything done in accordance with the Catchment and Land Protection Act 1994 ; or
S. 6(1)(e) amended by Nos 77/1995 s. 5(4), 58/1997 s. 96(Sch. item 7.2).
(e) the treatment of any animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or
S. 6(1)(f) inserted by No. 77/1995 s. 5(4), amended by No. 77/1995 s. 5(5).
(f) the slaughter of a farm animal on a farm if—
(i) it is slaughtered for consumption on that farm; and
(ii) it is slaughtered in a humane manner; and
(iii) it is not slaughtered for sale; and
(iv) it is not slaughtered for use in the preparation of food for sale; and
(v) it is not removed from that farm; or
S. 6(1)(g) inserted by No. 77/1995 s. 5(5), substituted by No.
26/1998
s. 8.
(g) any fishing activities authorised by and conducted in accordance with the Fisheries Act 1995 .
S. 6(1)(h) inserted by No. 77/1995 s. 5(5), repealed by No.
26/1998
s. 8.
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S. 6(1A) inserted by No. 103/2003 s. 32, amended by No. 65/2007 s. 78(2), repealed by No. 35/2009 s. 106(1).
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S. 6(1B) inserted by No. 69/2004 s. 48(2).
(1B) This Act, except Part 3, does not apply to anything done in accordance with the Wildlife Act 1975 .
S. 6(1C) inserted by No. 67/2016 s. 34.
(1C) If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010 , nothing in this Act prevents any member of the traditional owner group who is bound by the agreement from carrying out an agreed activity in accordance with the agreement and on land to which the agreement applies.
S. 6(2) inserted by No. 77/1995 s. 5(7).
(2) In subsection 6(1)(f) "farm" has the same meaning as in the Meat Industry Act 1993 .
S. 6(3) inserted by No. 35/2009 s. 106(2).
(3) For the purpose of determining whether or not subsection (1) or (1B) applies to a particular case, a specialist inspector may exercise a power set out in Part 2A.