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PREVENTION OF CRUELTY TO ANIMALS ACT 1986

Table of Provisions

PART 1--PRELIMINARY

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

PART 2--PROTECTION OF ANIMALS

Division 1--Cruelty

  • 8 Definitions  
  • 9 Cruelty  
  • 10 Aggravated cruelty  
  • 11 Defences to cruelty or aggravated cruelty  
  • 11A Further prohibited procedure offences  
  • 12 Court orders for disqualification from or conditions on ownership etc. of animal  
  • 12AA Court may authorise seizure and disposal of animal kept in contravention of order  
  • 12AB Orders must not be made in relation to certain persons  
  • 12AC Order may be suspended  
  • 12AD Person subject to order may apply for variation etc.  
  • 12AE Control orders to operate consecutively  
  • 12AF Person must comply with control order  
  • 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

Division 3--POCTA inspectors

PART 2A--ENFORCEMENT

Division 1--Preliminary

  • 21 Definitions  

Division 1A--Monitoring of persons subject to control orders or interstate control orders

Division 2--Emergency powers to deal with animals

  • 22 Power to seize abandoned animals in public places  
  • 23 Emergency powers of entry in relation to animals  
  • 24 Emergency power to enter and seize or destroy abandoned, distressed or disabled animals  
  • 24AA Emergency power to enter and seize animals used for fighting, blooding or as a lure or kill  
  • 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 of intent to seize distressed etc. animals  
  • 24F Seizure of distressed etc. animals after service of notice of intent to seize  
  • 24FA Seizure and disposal of distressed etc. animals without notice of intent to seize  
  • 24FB Notice to seize and dispose of animal  
  • 24FC Actions that may be taken under authorisation under section 24FA  
  • 24FD Method of disposal of animal seized under authorisation under section 24FA  
  • 24G Search warrants for at risk animals on premises  
  • 24H Magistrates' Court may extend period of warrant under section 24G  

Division 4--Search for and seizure of things

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

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  
  • 24ZQA Requirement to muster, yard or secure animals  
  • 24ZR Offences as to inspectors  
  • 24ZS Offences as to veterinary practitioners etc.  
  • 24ZT Offence to fail to provide name and address  
  • 24ZTA Requirement to make documents available for inspection  
  • 24ZU POCTA inspectors must identify themselves  
  • 24ZV Protection against self-incrimination  
  • 24ZW Power to file charges  
  • 24ZX Conduct of proceedings  
  • 24ZY Court to take judicial notice  

PART 3--SCIENTIFIC PROCEDURES

Division 1--Preliminary

  • 25 Definitions  

Division 2--Offences

Division 3--Scientific procedures premises licences

Division 4--Scientific procedures field work licences

Division 5--Specified animals breeding licences

Division 6--General licensing provisions

Division 7--Miscellaneous

  • 33 Review by Victorian Civil and Administrative Tribunal  
  • 34 Peer Review Committees  
  • 35A Offences as to authorised officers  
  • 36 Offences  

PART 3AA--ENFORCEMENT FOR PART 3

  • 36A Entry to monitor compliance  
  • 36B Application for search warrant  
  • 36C Search warrant  
  • 36D Seizure and samples of things not mentioned in the warrant  
  • 36E Requirements for search warrants  
  • 36F Requirements for seizure of things and taking samples  
  • 36G Notice to comply  
  • 36H Notice as to treatment, destruction etc. of animal  
  • 36I Commencement of proceeding not prevented  
  • 36J Department Head may take action where notice not complied with  
  • 36K Court may make adverse publicity order  
  • 36L Action Department Head may take on finding of contempt  
  • 36M Department Head may give notice of intent to act on failure to comply with order  
  • 36N Action to be taken if response to notice not satisfactory  
  • 36O Action for contempt  
  • 36P Recovery of costs  
  • 36Q Requirement to give information to authorised officer during entry  
  • 36R Protection against self-incrimination  
  • 36S Power to file charges  
  • 36T Power to prepare compliance report  
  • 36U Imposing fees for compliance reports  
  • 36V Payment of fee  

PART 3A--INFRINGEMENT NOTICES

  • 37A Power to serve a notice  
  • 37B Form of notice  

PART 3B--ANIMALS IN RESEARCH AND TEACHING WELFARE FUND

  • 37C Animals in Research and Teaching Welfare Fund  
  • 37D Payments into the Fund  
  • 37E Investment of money in the Fund  
  • 37F Payment of money out of the Fund  

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 charging certain offences 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  
  • 44 Primary Industries and Food Legislation Amendment Act 2012  
  • 45 Prevention of Cruelty to Animals Amendment Act 2015—Transitional provisions  
  • 46 Primary Industries Legislation Amendment Act 2016—Transitional provisions  

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