ANIMAL WELFARE ACT 2002
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Content and intent
- 4 Act binds the Crown
- 5 Terms used
PART 2 -- Use of animals for scientific purposes
- 6 Unlicensed use of animals for scientific purposes prohibited
- 7 Carrying on business supplying animals for scientific purposes
- 8 Application for issue or renewal of licence
- 9 Matters to be considered
- 10 Minister to issue or renew or decline to issue or renew
- 11 Conditions on licences
- 12 Further conditions may be imposed
- 13 Licensee to ensure staff and students comply with conditions
- 14 Display of licence and code of practice
- 15 Duration of a licence
- 16 Licence not transferable
- 17 Suspension and revocation
- 18 Register of licences
PART 3 -- Welfare, safety and health of animals
Division 1 -- Objects of this Part
Division 2 -- Regulations about animal welfare, safety and health
- 18B Regulations -- animal welfare, safety and health
Division 3 -- Cruelty and other inhumane and improper treatment of animals
- 19 Cruelty to animals
- 20 Defence -- self-defence or protecting another person or an animal
- 21 Defence -- veterinary care
- 22 Defence -- authorised by law
- 23 Defence -- normal animal husbandry
- 24 Defence -- killing pests
- 25 Defence -- code of practice
- 26 Defence -- stock fending for itself
- 27 Defence -- releasing animals into the wild
- 28 Defence -- where person in charge is not in actual custody
- 29 Defence -- prescribed use of devices
- 30 Defence -- prescribed surgical or similar operations, practices and activities
- 31 Possession of things intended to inflict cruelty
- 32 Shooting, hunting or fighting captive animals
PART 4 -- Inspectors
Division 1 -- Appointment of inspectors
- 33 Appointment of general inspectors
- 34 Appointment of scientific inspectors
- 35 Restricted appointments
- 35A Designated inspectors
- 36 Identification card
Division 2 -- Functions and powers of inspectors
- 36A Terms used
- 37 Functions and powers of inspectors
- 38 Power to enter a place
- 39 Power to enter vehicles
- 40 Care of animals
- 41 Humane destruction of animals
- 42 Seizure of animals
- 43 Seizure of other property
- 44 Dealing with seized property
- 45 Dealing with seized fauna
- 46 Power to require information
- 47 Other powers of inspectors
- 48 Performance of an inspector’s functions
Division 3 -- Additional powers of scientific inspectors
- 49 Direction to suspend use and referral to animal ethics committee
- 50 Directions to licensees and their staff
- 51 Power to require information
- 52 Advice regarding licensing matters
- 53 Attendance at meetings of animal ethics committees
PART 5 -- Enforcement
Division 1 -- Additional court orders
- 54 Court may order a post mortem
- 55 Orders additional to penalty
- 56 Order for reimbursement of costs
- 57 Order for retention of seized property
- 58 Costs
Division 2 -- Warrants
- 59 Grounds for a search warrant
- 60 Grounds for a warrant to seize animal
- 61 Form of warrant
- 62 Urgent warrants
Division 3 -- Infringement notices
- 63 Term used: authorised person
- 64 Appointment of authorised persons
- 65 Giving infringement notices
- 66 Content of infringement notice
- 67 Extension of time to pay
- 68 Withdrawal of infringement notice
- 69 Benefit of paying modified penalty
- 70 Application of modified penalties paid
Division 4 -- Review of decisions
- 71 Term used: reviewable decision
- 72 Aggrieved person may make an objection
- 73 Dealing with an objection
- 74 Aggrieved person may apply for a review
Division 5 -- Offences
- 76 Misleading information
- 77 Obstruction of inspectors
- 78 Pretending to be an inspector
- 79 Continuing offences
- 80 Liability of officers for offence by body corporate
- 81 Partnerships
Division 6 -- General
- 82 Commencement of proceedings for offences
- 83 Evidentiary provisions
- 84 Breach of code of practice not sufficient to prove cruelty
- 85 Death of animal not sufficient to prove cruelty
- 86 Application of fines
- 87 Disposal of forfeited property
- 88 Penalties for body corporate
PART 6 -- Miscellaneous
- 89 General power of CEO
- 90 Delegation
- 91 Improper use of information
- 92 Protection from liability
- 93 Owner may claim compensation for injury or death
- 94 Regulations -- general power
Uncommenced provisions table
Other notes
Defined terms