Animal Welfare Act 1992

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Animal Welfare Act 1992 A1992-45 Republication No 31 Effective: 10 April 2020 Republication date: 10 April 2020 Last amendment made by A2019-35 http://www.legislation.act.gov.au/a/2019-35/default.asp Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Animal Welfare Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 April 2020. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 April 2020. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Animal Welfare Act 1992 Contents Page Part 1 Preliminary 1 Name of Act 2 2 Dictionary 2 3 Notes 2 4 Offences against Act—application of Criminal Code etc 3 4A Objects of Act 3 5 Animal Welfare Authority 4 6 Delegation by authority 4 Part 2 Animal welfare offences 6A Definitions—pt 2 5 6B Failure to provide appropriate care 6 6C Failure to provide animal with water or shelter 7 6D Failure to provide animal with hygienic environment 7 6E Failure to properly groom and maintain animal 8 Contents Page contents 2 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6F Failure to exercise dog 8 6G Abandoning an animal 9 7 Cruelty 9 7A Aggravated cruelty 10 7B Alternative verdicts—cruelty 11 8 Hitting or kicking animal 11 9 Unlawful confinement of animal 12 9A Keeping laying fowls for commercial egg production—appropriate accommodation 13 9B Keeping pigs—appropriate accommodation 14 9C Removing or trimming beak of fowl 15 10 Assisting injured animal 16 11 Unlawful release of animal 17 12 Administering poison 19 12A Laying poison 19 13 Electrical devices 20 14 Use or possession of prohibited item 21 15 Transport of animals—generally 21 15A Transport of dogs 22 15B Intensive breeding of cats or dogs 23 16 Using unfit animal 24 17 Violent animal activities 26 18 Rodeos and game parks 28 18A Greyhound racing 29 19 Medical and surgical procedures—people other than veterinary practitioners 29 19A Medical and surgical procedures—veterinary practitioners 30 20 Exception—conduct in accordance with approved code of practice or mandatory code of practice 31 Part 3 Codes of practice 21 Contents 32 22 Approved code of practice 33 23 Mandatory code of practice 33 24 Publication 34 Contents Page R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24A Reckless failure to comply with mandatory code of practice 34 24B Failure to comply with mandatory code of practice 35 24C Direction to comply with mandatory code 35 24D Failure to comply with direction to comply with mandatory code 36 Part 3A Pet businesses Division 3A.1 Preliminary 24E Definitions—pt 3A 37 Division 3A.2 Pet business licensing 24F Pet business licence application 38 24G Issue of pet business licence 38 24H Pet business licence term and form 39 24I Conditions for pet business licence 40 24J Transfer application 40 24K Transfer decision 41 24L Renewal application 42 24M Renewal decision 42 24N Amendment of pet business licence 43 24O Authority may request more information 44 Division 3A.3 Pet business offences 24P Pet shops—failure to keep records 44 24Q Pet shops—failure to share records 45 24R Operating pet business without pet business licence 45 24S Breach of pet business licence 46 Part 4 Research, teaching and breeding Division 4.1 Licences 25 Research, teaching and breeding 47 26 Application for licence 48 27 Decision about licence application 48 28 Licence conditions 50 29 Form of licence 50 30 Term of licence 51 31 Licensees—request for information and documents 51 Contents Page contents 4 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 32 Licence renewal 51 33 Licensee to notify change of name or address 52 34 Amendment of licence 52 35 Surrender of licences 53 Division 4.2 Authorisations 35A Meaning of authorised staff member—div 4.2 54 36 Research and teaching using and breeding animals 54 37 Application for authorisation 55 38 Decision about authorisation application 55 39 Authorisation conditions 57 40 Form of authorisation 57 41 Term of authorisation 58 42 Identity card for authorisation holders 58 43 Authorisation holders—request for information and documents 59 44 Authorisation renewal 60 45 Authorisation holder to notify change of name or address 60 46 Amendment of authorisation 61 47 Cessation of effect of authorisation 62 48 Surrender of authorisations 62 Division 4.3 Interstate researchers 49A Notification 63 49B Interstate researchers’ authorisation in the ACT 63 Division 4.4 Animal ethics committees 50 Animal ethics committees 65 Part 5 Circuses and travelling zoos Division 5.1 Preliminary 51 Meaning of prohibited animal—pt 5 66 Division 5.2 Offences 52 Circuses 66 53 Travelling zoos 67 Division 5.3 Circus and travelling zoo permits 54 Application for circus or travelling zoo permit 68 55 Decision about circus or travelling zoo permit application 69 Contents Page R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 contents 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 56 Circus or travelling zoo permit conditions 70 57 Form of circus or travelling zoo permit 71 58 Term of circus or travelling zoo permit 71 59 Circus or travelling zoo permit-holder to notify change of name or address 71 59A Amendment of circus or travelling zoo permit 72 Part 6 Animal trapping Division 6.1 Trapping offences 60 Steel-jawed traps and prohibited traps 74 62 Trapping—general 75 Division 6.2 Trapping permits 63 Application for trapping permit 76 64 Decision about trapping permit application 76 65 Trapping permit conditions 78 66 Form of trapping permit 78 67 Term of trapping permit 79 68 Trapping permit-holders—request for information and documents 79 69 Trapping permit renewal 79 70 Trapping permit-holder to notify change of name or address 80 71 Amendment of trapping permit 80 72 Surrender of trapping permits 82 Part 6A Regulatory action 73A Definitions—pt 6A 83 73B Grounds for regulatory action 83 73C Regulatory action 85 73D Taking regulatory action 86 73E Immediate suspension 87 73F Effect of suspension 88 73G Return of amended, suspended or cancelled approvals 88 73H Action by regulatory body in relation to amended or suspended approval 89 Contents Page contents 6 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Enforcement Division 7.1 Preliminary 74 Definitions—pt 7 91 75 Protection from liability 91 75A Public access 92 Division 7.2 Inspectors and authorised officers 76 Inspectors 92 77 Authorised officers 93 78 Identity cards 93 Division 7.3 Powers of inspectors 80 Definitions—div 7.3 94 81 Powers of entry and search 94 81A Power to seize animals—inspectors 96 82 Powers of inspectors 96 82A Direction to give personal details—inspector 98 82B Offence—fail to comply with inspector’s direction to give name and address 99 Division 7.4 Powers of authorised officers 83 Research and educational institutions—powers of entry and search 100 83A Power to seize animals—authorised officers 101 84 Powers of authorised officers 102 84AA Direction to give name and address—authorised officer 103 84AB Offence—fail to comply with authorised officer’s direction to give name and address 104 Division 7.5 Powers of veterinary practitioners 84A Powers of veterinary practitioners regarding seized animals and carcasses 105 Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners 85 Inspectors and authorised officers 105 86 Veterinary practitioners 107 Division 7.6A Dealing with seized animals 86A Animal welfare entities 108 86B Accommodation of seized animals 108 Contents Page R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 contents 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 86C Selling or rehoming seized animals 109 86D Destroying seized animals 110 86E Temporary prohibition on animal ownership etc 111 Division 7.7 Consent to entry, reports and search warrants 87 Definition of officer—div 7.7 112 88 Consent to entry 112 89 Reports 113 90 Search warrants 114 Division 7.8 Offences in relation to veterinary practitioners 91 Obstructing etc veterinary practitioner 116 Division 7.9 Compensation for animal injury and death 93 Definitions—div 7.9 116 94 Right to compensation 117 95 Compensation claims 117 96 Exclusion of civil actions 118 Division 7.10 Evidence 97 Meaning of offence—div 7.10 119 98 Certificate evidence 119 99 Acts and omissions of representatives 120 Division 7.11 Court orders and corporate penalties 100 Meaning of offence—div 7.11 121 100A Animal offences—court orders (interim) 121 101 Animal offences—court orders (general) 123 101A Animal offences—permanent prohibition on animal ownership etc 125 101B Animal offences—setting aside permanent prohibition order 126 101C Prohibition order in special circumstances 127 102 Animal offences—court orders (costs and proceeds of disposal) 128 103 Prohibited item and trap offences—court orders (general) 129 104 Prohibited item and trap offences—court orders (costs and proceeds of disposal) 130 104A Court orders—offences involving violence 130 105 Court orders—procedure and appeals 131 Contents Page contents 8 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Notification and review of decisions 107 Meaning of reviewable decision—pt 8 132 107A Reviewable decision notices 132 108 Applications for review 132 Part 9 Animal welfare advisory committee 109 Establishment and functions 133 Part 10 Miscellaneous 109A Rescuing animal at risk in locked vehicle 134 110 Determination of fees 134 110A Approved forms 135 111 Exemptions by regulations 135 112 Regulation-making power 135 113 Review of amendments made by Animal Welfare Legislation Amendment Act 2019 136 Schedule 1 Reviewable decisions 137 Dictionary 140 Endnotes 1 About the endnotes 148 2 Abbreviation key 148 3 Legislation history 149 4 Amendment history 154 5 Earlier republications 174 6 Expired transitional or validating provisions 176 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Animal Welfare Act 1992 An Act for the promotion of animal welfare, and for related purposes Part 1 Preliminary Section 1 page 2 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Animal Welfare Act 1992. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘native animal—see the Nature Conservation Act 2014, section 12.’ means that the term ‘native animal’ is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. http://www.legislation.act.gov.au/a/2014-59/default.asp http://www.legislation.act.gov.au/a/2014-59/default.asp http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Preliminary Part 1 Section 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 4A Objects of Act (1) The main objects of this Act are to recognise that— (a) animals are sentient beings that are able to subjectively feel and perceive the world around them; and (b) animals have intrinsic value and deserve to be treated with compassion and have a quality of life that reflects their intrinsic value; and (c) people have a duty to care for the physical and mental welfare of animals. (2) This is to be achieved particularly by— (a) promoting and protecting the welfare of animals; and (b) providing for the proper and humane care, management and treatment of animals; and (c) deterring and preventing animal cruelty and the abuse and neglect of animals; and (d) enforcing laws about the matters mentioned in paragraphs (a), (b) and (c). http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Part 1 Preliminary Section 5 page 4 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Animal Welfare Authority The director-general must appoint a public servant as the Animal Welfare Authority. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). 6 Delegation by authority (1) The authority may delegate to a public servant or another person a function given to the authority under this Act. Note For the making of delegations and the exercise of a delegated function, see the Legislation Act, pt 19.4. (2) However, the authority must not delegate a function to a person who is not a public servant without first being satisfied that the function needs to be exercised by a person who is not a public servant. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Animal welfare offences Part 2 Section 6A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Animal welfare offences 6A Definitions—pt 2 In this part: confine, an animal, means— (a) enclose the animal in a pen, vehicle, cage, box or other container or small space; or (b) otherwise limit or restrict the animal’s freedom of movement, including by— (i) tying up the animal; or (ii) using a device on the animal; or (iii) impairing the animal. Examples—device hood, bridle, tether Example—impairing animal clipping the feathers of a bird’s wing cruelty, in relation to an animal, includes the following: (a) doing, or not doing, something to an animal that causes, or is likely to cause, injury, pain, stress or death to the animal that is unjustifiable, unnecessary or unreasonable in the circumstances; (b) abusing, terrifying or tormenting the animal. poison includes glass or anything else that, if ingested by an animal, is likely to kill or injure the animal. Part 2 Animal welfare offences Section 6B page 6 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6B Failure to provide appropriate care (1) A person in charge of an animal commits an offence if the person fails to give the animal— (a) appropriate food; or (b) appropriate water; or (c) appropriate treatment for illness, disease or injury; or (d) appropriate shelter or accommodation; or (e) a clean and hygienic living environment; or (f) appropriate grooming and maintenance; or (g) appropriate exercise; or (h) appropriate opportunities to display behaviour that is normal for the animal; or (i) care that is appropriate for the animal’s wellbeing. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note 1 The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code, s 58). Note 2 If an inspector or authorised officer reasonably believes s (1) applies, the inspector or authorised officer may give a written direction to the person to give appropriate care to the animal (see s 85). (3) In this section: appropriate, in relation to an animal, means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal. http://www.legislation.act.gov.au/a/2002-51 Animal welfare offences Part 2 Section 6C R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au treatment includes veterinary treatment, including preventative treatment, if a reasonable person would expect veterinary treatment to be sought in the circumstances. 6C Failure to provide animal with water or shelter (1) A person in charge of an animal commits an offence if— (a) the person keeps the animal on premises; and (b) at any time when the animal is on the premises, the animal does not have access to water or shelter. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. 6D Failure to provide animal with hygienic environment (1) A person in charge of an animal commits an offence if— (a) the person keeps the animal on premises; and (b) the place where the animal is kept is unhygienic for the animal. Maximum penalty: 25 penalty units. Examples 1 faeces not removed 2 vermin infestation (2) An offence against this section is a strict liability offence. Part 2 Animal welfare offences Section 6E page 8 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6E Failure to properly groom and maintain animal (1) A person in charge of an animal commits an offence if— (a) the person fails to groom or maintain the animal; and (b) the failure causes, or is likely to cause, injury, pain, stress or death to the animal. Maximum penalty: 25 penalty units. Examples 1 eye infection caused by hair growing over eyes 2 impairment caused by unclipped nails 3 skin irritation caused by flea infestation (2) An offence against this section is a strict liability offence. 6F Failure to exercise dog (1) A person in charge of a dog commits an offence if— (a) the dog is confined so that it cannot exercise for a continuous period of 24 hours; and (b) the dog is not exercised, or allowed to exercise itself, for— (i) the next 2 hours; or (ii) the next 1 hour and for another hour in the next 24 hour period. Maximum penalty: 25 penalty units. (2) In deciding if a dog is confined so that it cannot exercise, regard must be had to the dog’s age, physical condition and size. (3) Subsection (1) does not apply if— (a) the dog is kept in a yard or residence in a way that it can move freely; or Animal welfare offences Part 2 Section 6G R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the dog needs to be confined for the dog’s welfare. Example—par (b) a dog needs to be confined, on veterinary advice, after a surgical procedure Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) An offence against this section is a strict liability offence. 6G Abandoning an animal (1) A person in charge of an animal commits an offence if the person— (a) abandons the animal; and (b) either— (i) knows no other person is able to care for, and consents to caring for, the animal; or (ii) is reckless about whether another person is able to care for, and consents to caring for, the animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person in charge of an animal commits an offence if the person abandons the animal. Maximum penalty: 50 penalty units. (3) An offence against subsection (2) is a strict liability offence. 7 Cruelty A person commits an offence if the person commits an act of cruelty on an animal. Maximum penalty: 200 penalty units, imprisonment for 2 years or both. http://www.legislation.act.gov.au/a/2002-51 Part 2 Animal welfare offences Section 7A page 10 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7A Aggravated cruelty (1) A person commits an offence if— (a) the person commits an act of cruelty on an animal; and (b) the act causes the death of the animal; and (c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal. Maximum penalty: 300 penalty units, imprisonment for 3 years or both. (2) A person commits an offence if— (a) the person commits an act of cruelty on an animal; and (b) the act causes serious injury to the animal; and (c) the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal. Maximum penalty: 300 penalty units, imprisonment for 3 years or both. (3) In this section: causes death or serious injury—a person’s act causes death or serious injury if it substantially contributes to the death or injury. serious injury, to an animal, means any injury (including the cumulative effect of more than 1 injury) that— (a) endangers, or is likely to endanger, the animal’s life; or (b) is, or is likely to be, significant and longstanding. Animal welfare offences Part 2 Section 7B R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7B Alternative verdicts—cruelty (1) This section applies if, in a prosecution for an offence against section 7A (Aggravated cruelty), the trier of fact is not satisfied that the defendant committed the offence, but is satisfied beyond reasonable doubt that the defendant committed an offence against section 7 (Cruelty). (2) The trier of fact may find the defendant guilty of the offence against section 7, but only if the defendant has been given procedural fairness in relation to that finding of guilt. 8 Hitting or kicking animal (1) A person commits an offence if— (a) the person— (i) hits an animal; or (ii) kicks an animal; or (iii) throws, or otherwise projects, something at an animal and hits the animal; and (b) the action causes, or is likely to cause, the animal injury, pain, stress or death. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply to— (a) a jockey using a whip on a horse in accordance with a rule of racing; or (b) a rider of a horse reasonably using a whip, or the rider’s foot, on the horse as part of an equestrian activity; or Part 2 Animal welfare offences Section 9 page 12 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) an animal handling practice approved by the Minister. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) An approval is a disallowable instrument. Note A disallowable instrument must be notified under the Legislation Act. (5) In this section: rule of racing means a rule made under the Racing Act 1999, section 19 or section 25. 9 Unlawful confinement of animal (1) A person commits an offence if— (a) the person confines an animal; and (b) the confinement causes, or is likely to cause, the animal injury, pain or death. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person in charge of an animal commits an offence if— (a) the person confines the animal; and (b) the animal is not able to move in a way that is appropriate for the animal because of the confinement. Maximum penalty: 50 penalty units. Example an animal in a crate that cannot stand or turn around http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 https://www.legislation.act.gov.au/a/1999-1/ Animal welfare offences Part 2 Section 9A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) does not apply if the person has a reasonable excuse. Examples 1 an animal needs to be confined, on veterinary advice, after a surgical procedure 2 confining an injured animal before taking it to a vet 3 humanely clipping a chicken’s wing to stop it flying out of its enclosure 4 tethering a goat while feeding Note The defendant has an evidential burden in relation to the matter mentioned in s (3) (see Criminal Code, s 58). (4) A person in charge of an animal commits an offence if— (a) the person confines the animal in or on a vehicle; and (b) the confinement causes, or is likely to cause, the animal injury, pain, stress or death. Maximum penalty: 20 penalty units. Example locking an animal in a hot car (5) An offence against subsection (2) or (4) is a strict liability offence. 9A Keeping laying fowls for commercial egg production— appropriate accommodation (1) A person commits an offence if— (a) the person keeps laying fowls for commercial egg production; and (b) the fowls are not kept in appropriate accommodation. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2002-51 Part 2 Animal welfare offences Section 9B page 14 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) In this section: appropriate accommodation, for laying fowls kept by a person, means accommodation that is in accordance with, or an improvement on, the conditions stated in the Eggs (Labelling and Sale) Regulation 2019 in relation to— (a) aviary eggs; or (b) barn eggs; or (c) free-range eggs. Note Aviary eggs, barn eggs and free-range eggs are defined in the Eggs (Labelling and Sale) Act 2001 as eggs laid by hens kept in conditions stated in the Eggs (Labelling and Sale) Regulation 2019. commercial egg production does not include egg production by a person the main purpose of which is the production of eggs for the person’s own consumption. laying fowl means a female domesticated chicken (Gallus gallus) that is 16 weeks old or older. 9B Keeping pigs—appropriate accommodation (1) A person commits an offence if— (a) the person keeps a pig; and (b) the pig is not kept in appropriate accommodation. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: appropriate accommodation, for a pig kept by a person, means accommodation— (a) that allows the pig to— (i) turn around, stand up and lie down without difficulty; and https://www.legislation.act.gov.au/sl/2019-21/ https://www.legislation.act.gov.au/sl/2019-21/ http://www.legislation.act.gov.au/a/2001-83 http://www.legislation.act.gov.au/a/2001-83 https://www.legislation.act.gov.au/sl/2019-21/ Animal welfare offences Part 2 Section 9C R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) have a clean, comfortable and adequately drained place in which it can lie down; and (iii) maintain a comfortable temperature; and (iv) have outdoor access; and (b) if the accommodation is for more than 1 pig—that allows each pig in the accommodation to lie down at the same time; and (c) if the person keeps more than 1 pig—that allows the pig to see another pig except if— (i) the pig is isolated on the advice of a veterinary practitioner; or (ii) it is a week before, or during, farrowing for the pig. 9C Removing or trimming beak of fowl (1) A person commits an offence if the person removes or trims the beak of a fowl. Maximum penalty: 50 penalty units. (2) This section does not apply to a veterinary practitioner who removes or trims the beak for a therapeutic purpose. (3) An offence against this section is a strict liability offence. (4) In this section: fowl means a female domesticated chicken (Gallus gallus). Part 2 Animal welfare offences Section 10 page 16 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Assisting injured animal (1) A person commits an offence if the person— (a) injures an animal; and (b) does not take reasonable steps to assist with the animal’s injury. Examples 1 contacting a relevant person 2 seeking veterinary treatment Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person injures a mammal; and (b) the person knows, or ought to know because of the circumstances, the animal is injured; and (c) the person is not a person in charge of the animal; and (d) the person fails to tell a relevant person, within 2 hours after the injury— (i) that the animal is injured; and (ii) the location where the animal was injured. Maximum penalty: 20 penalty units. Example—circumstances if a car hits a mammal—the size of the animal, witness accounts that the driver swerved or braked to avoid the animal or stopped after hitting the animal (3) An offence against subsection (2) is a strict liability offence. Animal welfare offences Part 2 Section 11 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: Access Canberra means the business unit known as Access Canberra. Note If the name of Access Canberra changes, the reference to Access Canberra is taken to be a reference to its new name (see Legislation Act, s 183). relevant person means— (a) if a domestic animal was injured—a person in charge of the animal; or (b) the authority; or (c) an inspector; or (d) Access Canberra. 11 Unlawful release of animal (1) A person commits an offence if the person— (a) releases an animal from another person’s custody or control; and (b) does not have the other person’s consent to release the animal; and (c) is reckless about whether the animal will be injured or killed. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 2 Animal welfare offences Section 11 page 18 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if the person— (a) releases an animal from another person’s custody or control; and (b) does not have the other person’s consent to release the animal. Maximum penalty: 50 penalty units. Examples—par (a) 1 leaves the gate for a yard of cattle open 2 lets an animal out of a car 3 takes a dog off its lead (3) A person in charge of an animal commits an offence if the person— (a) keeps the animal on premises; and (b) fails to stop the animal escaping the premises. Maximum penalty: 50 penalty units. Example—par (b) an animal is kept in a garden with an open gate (4) An offence against subsection (2) or (3) is a strict liability offence. (5) This section does not apply if the person has a reasonable excuse. Note A person acting honestly and without recklessness may release an animal locked in a motor vehicle in certain circumstances (see s 109A). (6) This section does not apply to a domestic cat if— (a) the cat is not required to be contained under territory law; and (b) the release of the cat is consistent with the reasonable management and control of the cat. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) and (5) (see Criminal Code, s 58). http://www.legislation.act.gov.au/a/2002-51 Animal welfare offences Part 2 Section 12 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Administering poison (1) A person commits an offence if the person administers poison to a domestic or native animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) This section does not apply if— (a) the person has a reasonable excuse; or (b) the administration of the poison to the animal is permitted under a territory law. 12A Laying poison (1) A person commits an offence if the person lays a poison with the intention of killing or injuring a domestic or native animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person lays a poison; and (b) the person is reckless about causing the death of, or injury to, a domestic or native animal; and (c) the poison causes the death of, or injury to, a domestic or native animal. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) A person commits an offence if— (a) the person lays a poison in a way in which the poison is not intended to be used; and Part 2 Animal welfare offences Section 13 page 20 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the poison could kill or injure a domestic or native animal. Maximum penalty: 20 penalty units. (4) An offence against subsection (3) is a strict liability offence. 13 Electrical devices (1) A person commits an offence if— (a) the person administers an electric shock to an animal; and (b) the person administers the shock using an electrical device that is not prescribed by regulation for use on that kind of animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person places a device on, or attaches a device to, an animal; and (b) the device is able to administer an electric shock to the animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) In this section: able—a device is able to administer an electric shock even if something needs to happen or be done to administer the shock. Examples 1 a collar that is able to administer an electric shock by remote control or if the collar nears a boundary fence 2 a collar that has a variable setting that can be turned off and on Animal welfare offences Part 2 Section 14 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 14 Use or possession of prohibited item (1) A person commits an offence if the person uses an item prescribed by regulation (a prohibited item) on, or in relation to, an animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if the person possesses a prohibited item. Maximum penalty: 20 penalty units. (3) An offence against subsection (2) is a strict liability offence. (4) Subsection (2) does not apply to a person if the person possesses a prohibited item— (a) only for display; or (b) as part of a collection that is not intended for use on, or in relation to, an animal. 15 Transport of animals—generally (1) A person commits an offence if the person transports an animal in a way that causes, or is likely to cause, the death of or unnecessary injury, pain or stress to the animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) In this section: transport, an animal, includes— (a) carry the animal in a moving vehicle by itself or with other animals; and (b) confine the animal for the purpose of carrying the animal in a vehicle. Part 2 Animal welfare offences Section 15A page 22 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15A Transport of dogs (1) A person commits an offence if— (a) the person carries a dog in or on a moving vehicle on a road or road related area; and (b) the dog is not restrained in a way that— (i) prevents the dog from moving around, out of or off the vehicle; and (ii) protects the dog from injury when in or on the vehicle. Maximum penalty: 20 penalty units. Note 1 It is an offence to confine a dog in or on a vehicle if the confinement causes, or is likely to cause the dog injury, pain, stress or death (see s 9 (4)). Note 2 The Road Transport (Public Passenger Services) Regulation 2002 contains offences about confining animals (other than assistance animals) travelling in light rail vehicles (see that regulation, s 70AAD) and bookable vehicles (see that regulation, s 221W and s 227). (2) This section does not apply— (a) if the dog— (i) is an assistance animal, or is being trained or assessed as, an assistance animal; and (ii) is in the vehicle; or (b) if the dog is being used to work livestock; or (c) to a circumstance prescribed by regulation. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58). (3) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/sl/2002-3 https://www.legislation.act.gov.au/sl/2002-3/ https://www.legislation.act.gov.au/sl/2002-3/ http://www.legislation.act.gov.au/a/2002-51 Animal welfare offences Part 2 Section 15B R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: assistance animal—see the Discrimination Act 1991, section 5AA (3). public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary. restrain, a dog in relation to a vehicle, means— (a) using a harness or similar device to secure the dog to the vehicle; or (b) putting the dog in an enclosure in or on the vehicle. road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. road-related area—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. vehicle does not include a public passenger vehicle. 15B Intensive breeding of cats or dogs (1) For this section, the Minister may determine a standard for the breeding of cats or dogs (a breeding standard). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/1991-81 http://www.legislation.act.gov.au/a/2001-62 http://www.legislation.act.gov.au/a/2001-62 http://www.legislation.act.gov.au/a/1999-80 http://www.legislation.act.gov.au/a/1999-80 http://www.legislation.act.gov.au/a/1999-80 http://www.legislation.act.gov.au/a/1999-80 http://www.legislation.act.gov.au/a/2001-14 Part 2 Animal welfare offences Section 16 page 24 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A breeding standard may provide for any matter that the Minister reasonably considers is appropriate to protect the welfare, safety or health of fertile cats and dogs in relation to breeding. Examples 1 the minimum age for a dog before first mating 2 the age at which, or number of litters after which, a dog must be retired from breeding 3 the maximum number of litters a cat may have in a 12-month period, or in her lifetime (4) A person in charge of a female cat or dog commits an offence if the person allows the cat or dog to breed in a way that contravenes a breeding standard. Maximum penalty: 50 penalty units. (5) Subsection (4) does not apply if the person allows the cat or dog to breed in accordance with the written approval of a veterinary surgeon. Note The defendant has an evidential burden in relation to the matter mentioned in s (5) (see Criminal Code, s 58). (6) An offence against subsection (4) is a strict liability offence. 16 Using unfit animal (1) A person commits an offence if— (a) the person uses an animal; and (b) the animal is unfit for the use; and (c) the person— (i) knows the animal is unfit for the use; or (ii) is negligent about whether the animal is fit for the use. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. http://www.legislation.act.gov.au/a/2002-51 Animal welfare offences Part 2 Section 16 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person in charge of an animal commits an offence if— (a) the person authorises the use of the animal; and (b) the person— (i) knows the animal is unfit for the use; or (ii) is negligent about whether the animal is fit for the use. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if— (a) the person uses an animal; and (b) the animal is unfit for the use. Maximum penalty: 50 penalty units. Examples 1 the animal has recently given birth 2 the animal is sick or injured 3 the animal is used in a children’s petting zoo and is distressed by the contact (4) An offence against subsection (3) is a strict liability offence. (5) In this section: display, an animal— (a) means to put an animal in a prominent place for the purposes of making the animal visible to people; and (b) includes displaying an animal— (i) for sale; or (ii) in an exhibition. show, an animal, means to enter the animal in a show, sport, contest or competition. use, an animal, includes display, drive, ride, show or work the animal. Part 2 Animal welfare offences Section 17 page 26 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 17 Violent animal activities (1) A person commits an offence if the person takes part in a violent animal activity. Maximum penalty: 300 penalty units, imprisonment for 3 years or both. (2) A person commits an offence if the person— (a) is at a place when a violent animal activity is happening; and (b) knows, or ought to know, that the activity is happening. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if the person— (a) is at a place where a violent animal activity happens within 2 hours before the activity happens; and (b) knows, or ought to know, that the activity is happening at the place. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (4) Subsections (2) and (3) do not apply if the person has a reasonable excuse. (5) This section does not apply to— (a) the rehabilitation of native animals for release into the wild in a way authorised under a territory law; or (b) the keeping and display of animals whose normal diet includes live food; or (c) the mustering and working of stock; or (d) the hunting or control of animals in a way authorised under a Commonwealth or territory law; or Animal welfare offences Part 2 Section 17 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) the catching of fish in a way authorised under a Commonwealth or territory law; or (f) the use of a trained animal to train or exercise another animal of the same species in accordance with accepted animal husbandry practice in relation to the animal. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58). (6) In this section: live baiting means using an animal, whether alive or dead, to train another animal to chase real or simulated animals when racing or hunting. stock—see the Stock Act 2005, dictionary. takes part in—a person takes part in an activity if the person does 1 or more of the following: (a) organises or conducts the activity; (b) promotes the activity; (c) allows the activity to happen on premises, or in a place, owned or occupied by the person; (d) provides an animal or thing to be used in relation to the activity; (e) undertakes any other activity relating to the activity. use, an animal, includes capture, contain or release the animal. violent animal activity means— (a) the use of an animal to fight, injure or kill another animal; or (b) live baiting. http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2005-19 Part 2 Animal welfare offences Section 18 page 28 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18 Rodeos and game parks (1) A person commits an offence if the person conducts or takes part in a rodeo. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if the person promotes or conducts a game park. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) In this section: game park means premises where— (a) animals other than fish are confined; and (b) the taking and killing of those animals as a sport or recreation is permitted on payment of a fee or other consideration. rodeo means a public exhibition, including a competition, of activities derived from work on a cattle station including riding horses or steers bareback and roping calves. take, in relation to an animal, includes hunt, shoot, poison, net, snare, spear, pursue, capture and injure the animal. Animal welfare offences Part 2 Section 18A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 18A Greyhound racing (1) A person commits an offence if the person— (a) conducts, or facilitates the conduct of, a greyhound race in the ACT; or (b) allows a greyhound kept by the person to take part in a greyhound race conducted in the ACT. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. Note The owning and keeping of racing greyhounds is regulated under the Domestic Animals Act 2000, div 2.4A. (2) In this section: greyhound race means 1 or more greyhounds racing in competitive pursuit, and includes— (a) a greyhound trial or training race; and (b) racing in a test of speed of 1 or more racing greyhounds. 19 Medical and surgical procedures—people other than veterinary practitioners (1) A person who is not a veterinary practitioner commits an offence if the person carries out a medical or surgical procedure on an animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) This section does not apply to— (a) a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary practitioner; or http://www.legislation.act.gov.au/a/2000-86 Part 2 Animal welfare offences Section 19A page 30 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) a medical or surgical procedure carried out in accordance with accepted animal husbandry practice in relation to— (i) farming and grazing activities; or (ii) the management of a zoo; or (iii) the management of native animals; or (c) a medical or surgical procedure carried out in accordance with a licence or authorisation, subject to any written direction of an animal ethics committee; or (d) the removal of a dog’s dewclaws not later than 4 days after the day the dog was born. (3) In this section: accepted animal husbandry practice does not include a practice prescribed by regulation for this section. 19A Medical and surgical procedures—veterinary practitioners (1) A veterinary practitioner must not do any of the following for a purpose other than a therapeutic purpose: (a) dock a dog’s tail; (b) crop a dog’s ear; (c) remove a dog’s ear; (d) perform a clitoridectomy on a dog; (e) carry out any other procedure prescribed by regulation. Maximum penalty: 50 penalty units. Animal welfare offences Part 2 Section 20 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A veterinary practitioner must not remove a dog’s dewclaws more than 4 days after the day the dog was born for a purpose other than a prophylactic purpose or a therapeutic purpose. Maximum penalty: 50 penalty units. (3) A veterinary practitioner must not carry out a medical or surgical procedure on an animal for a cosmetic purpose only. Maximum penalty: 50 penalty units. (4) An offence against this section is a strict liability offence. 20 Exception—conduct in accordance with approved code of practice or mandatory code of practice This part (other than the following provisions) does not apply if the conduct making up the offence was in accordance with an approved code of practice or a mandatory code of practice: (a) section 9A (Keeping laying fowls for commercial egg production—appropriate accommodation); (b) section 9B (Keeping pigs—appropriate accommodation); (c) section 9C (Removing or trimming beak of fowl); (d) section 14 (Use or possession of prohibited item); (e) section 17 (1) or (2) (Violent animal activities); (f) section 18 (1) or (2) (Rodeos and game parks); (g) section 19A (Medical and surgical procedures—veterinary practitioners). Part 3 Codes of practice Section 21 page 32 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Codes of practice 21 Contents A code of practice may deal with the following matters: (a) the care and use of animals for scientific purposes; (b) the use of animals from pounds; (c) the management and control of companion animals; (d) the management of companion animals in pounds and shelters; (e) the development of new breeds of companion animals; (f) the breeding and selling of cats or dogs with heritable defects; (g) the use of electric goads; (h) horse agistment establishments; (i) animal welfare in rural industry; (j) animal welfare in intensive farming; (k) transport of livestock; (l) animal welfare in the management of saleyards; (m) livestock and poultry slaughtering establishments; (n) fishing; (o) culling of native animals; (p) control of feral animals; (q) aerial shooting of animals; (r) trapping and snaring of animals; (s) commercial pest control; (t) commercial keeping and display of animals; Codes of practice Part 3 Section 22 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (u) the operation of pet shops and other businesses that buy or sell animals as pets; (v) the operation of businesses that board animals; (w) the operation of any other business that deals with pets; (x) keeping of zoo animals; (y) animal welfare in the racing industry; (z) any other matter related to animal welfare. 22 Approved code of practice (1) The Minister may approve a code of practice relating to animal welfare. Note Power given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)). (2) A code of practice is a disallowable instrument. Note 1 A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. Note 2 An amendment or repeal of a code of practice is also a disallowable instrument (see Legislation Act, s 46 (2)). 23 Mandatory code of practice (1) The Minister may approve a code of practice, or part of a code of practice, relating to animal welfare as mandatory. (2) An approval must state to whom the mandatory code applies. (3) Before approving a code under subsection (1) the Minister must be satisfied that adequate consultation has occurred. (4) A mandatory code of practice is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 3 Codes of practice Section 24 page 34 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Publication (1) The authority must, on or before the date of effect of an approval under section 22 or section 23, give public notice of the approval— (a) stating the date on which the approval takes effect; and (b) giving details of where a copy of the approved code of practice may be purchased; and (c) giving details of where a copy of the approved code of practice may be inspected during office hours; and (d) containing a statement that the approval is subject to disallowance by the Legislative Assembly under the Legislation Act. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). (2) The authority must ensure that— (a) a copy of the code of practice to which an approval under section 22 or section 23 relates is made available for public inspection at the office of the authority during office hours; and (b) copies of that code of practice are made available for purchase at each place stated for that purpose in the relevant notice under subsection (1). (3) In this section: code of practice includes any document (or part of a document) the provisions of which are applied by the code. 24A Reckless failure to comply with mandatory code of practice A person commits an offence if— (a) a mandatory code of practice applies to the person; and http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Codes of practice Part 3 Section 24B R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person fails to comply with a requirement of the mandatory code; and (c) the person is reckless about whether the mandatory code is complied with. Maximum penalty: 100 penalty units. 24B Failure to comply with mandatory code of practice (1) A person commits an offence if— (a) a mandatory code of practice applies to the person; and (b) the person fails to comply with a requirement of the mandatory code. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply to a person if— (a) a written direction has been given to the person under section 24C in relation to the requirement; and (b) the person has complied with the direction. 24C Direction to comply with mandatory code (1) An inspector or authorised officer may give a person a written direction to rectify a breach of a mandatory code if the inspector or authorised officer believes on reasonable grounds that— (a) the person is in breach of a requirement of the code; and (b) the person has not previously been convicted, or found guilty, of an offence under section 24A or section 24B for failing to comply with a requirement of the code. (2) A direction must— (a) state the requirement of the code that has been breached and the conduct constituting the breach; and Part 3 Codes of practice Section 24D page 36 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if appropriate, state what must be done to rectify the breach and, if reasonable, who must do it; and (c) state a reasonable time within which the person must give the inspector or authorised officer evidence that the direction has been complied with; and (d) include a statement that the person may be prosecuted under section 24B or section 24D if the person fails to comply with the direction. (3) The inspector or authorised officer may withdraw a written direction if, after giving the direction to a person, the inspector or authorised officer discovers that the person has previously been convicted, or found guilty, of an offence under section 24A or section 24B. 24D Failure to comply with direction to comply with mandatory code (1) A person commits an offence if— (a) an inspector or authorised officer gives the person a direction under section 24C; and (b) the person fails to comply with the direction. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. Pet businesses Part 3A Preliminary Division 3A.1 Section 24E R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3A Pet businesses Division 3A.1 Preliminary 24E Definitions—pt 3A In this part: board, an animal, includes board the animal during the day or overnight. breeding licence—see the Domestic Animals Act 2000, section 72A. pet business— (a) means— (i) a pet shop; or (ii) a business that boards an animal; or (iii) a business prescribed by regulation; but (b) does not include— (i) a veterinary practice that boards an animal; or (ii) an entity that sells or boards an animal for an animal welfare or benevolent purpose; or (iii) an entity prescribed by regulation. Examples—par (b) (ii) 1 a foster carer for guide dogs 2 the RSPCA pet shop— (a) means a business that buys or sells animals to be kept as pets; but (b) does not include a business that buys or sells animals in accordance with a breeding licence. http://www.legislation.act.gov.au/a/2000-86 Part 3A Pet businesses Division 3A.2 Pet business licensing Section 24F page 38 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3A.2 Pet business licensing 24F Pet business licence application (1) A person may apply to the authority for a licence to operate a pet business. (2) The application must— (a) be in writing; and (b) state— (i) the applicant’s name; and (ii) the applicant’s contact details; and (iii) the applicant’s trading name; and (iv) the applicant’s proposed trading address or addresses; and (v) the nature of the pet business; and (c) describe the premises from which the business will operate; and (d) include any information prescribed by regulation. Note A fee may be determined under s 110 for this provision. 24G Issue of pet business licence (1) If a person applies for a pet business licence, the authority must, within 30 days— (a) issue the licence; or (b) refuse to issue the licence. Note A pet business licence may be issued subject to a condition (see s 24I). (2) The authority may issue the pet business licence to the person only if the authority is satisfied— (a) about the identity of the applicant or, if the applicant is a corporation, of each relevant person; and Pet businesses Part 3A Pet business licensing Division 3A.2 Section 24H R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) that the person— (i) intends to carry out the business on suitable premises; and (ii) meets any requirements for a pet business prescribed by regulation. (3) In this section: related corporation means a related body corporate under the Corporations Act. relevant person, for a corporation, means any of the following: (a) an executive officer (however described) of the corporation; (b) a person who may exercise a relevant power in relation to the corporation; (c) a related corporation; (d) an executive officer (however described) of a related corporation. relevant power, for a corporation, means a power— (a) to take part in a directorial, managerial or executive decision for the corporation; or (b) to elect or appoint a person as an executive officer (however described) in the corporation; or (c) to exercise a significant influence in relation to the conduct of the corporation. 24H Pet business licence term and form (1) A pet business licence may be issued for up to 5 years. (2) A pet business licence must state, in writing— (a) a unique identifying number for the licence; and (b) the licensed pet business’s name; and http://www.comlaw.gov.au/Series/C2004A00818 Part 3A Pet businesses Division 3A.2 Pet business licensing Section 24I page 40 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the licensed pet business’s trading name; and (d) the nature of the pet business; and (e) the date the licence expires; and (f) any condition that applies to the licence. 24I Conditions for pet business licence (1) A pet business licence is subject to— (a) any condition imposed by the authority when issuing the licence; and (b) any condition imposed by written notice given to the licensed pet business at any other time; and (c) any condition prescribed by regulation. (2) It is also a condition of a pet business licence that the pet business comply with any relevant mandatory code of practice. (3) The authority may only impose a condition on a licence if satisfied on reasonable grounds the condition is in the interest of animal welfare. 24J Transfer application (1) A licensed pet business may apply to the authority to transfer a pet business licence to another person (the transferee). (2) An application must— (a) be in writing; and (b) include evidence to show that the licensed pet business and transferee agree to the transfer; and (c) state— (i) the transferee’s name; and Pet businesses Part 3A Pet business licensing Division 3A.2 Section 24K R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the transferee’s trading name; and (iii) the transferee’s proposed trading address or addresses; and (iv) the applicant’s proposed trading address or addresses; and (v) the nature of the pet business; and (d) describe the premises from which the business will operate; and (e) include any information prescribed by regulation. 24K Transfer decision (1) If a licensed pet business applies to transfer a pet business licence, the authority must, within 30 days— (a) approve the transfer; or (b) refuse to approve the transfer. (2) The authority may approve the transfer to the transferee only if the authority is satisfied— (a) about the identity of the applicant or, if the applicant is a corporation, of each relevant person; and (b) that the person— (i) intends to carry out the business on suitable premises; and (ii) meets any requirement for a pet business prescribed by regulation. (3) A transfer is subject to any condition imposed by the authority when approving the transfer. (4) The authority may only impose a condition on a licence if satisfied on reasonable grounds the condition is in the interest of animal welfare. Part 3A Pet businesses Division 3A.2 Pet business licensing Section 24L page 42 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) In this section: relevant person—see section 24G (3). 24L Renewal application (1) A licensed pet business may apply, in writing, to the authority to renew the pet business licence up to 6 months before the licence expires. (2) The application must— (a) be in writing; and (b) state— (i) the applicant’s name; and (ii) the applicant’s contact details; and (iii) the applicant’s trading name; and (iv) the applicant’s proposed trading address or addresses; and (v) the nature of the pet business; and (c) describe the premises from which the business will operate; and (d) include any information prescribed by regulation. (3) If a licensed pet business applies to renew a licence, the licence remains in force until the application is decided. 24M Renewal decision (1) If a licensed pet business applies to renew a licence, the authority must, within 30 days— (a) renew the licence; or (b) refuse to renew the licence. Pet businesses Part 3A Pet business licensing Division 3A.2 Section 24N R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) However, if the authority has asked the licensed pet business to do a thing in relation to being a licensed pet business, and the licensed pet business has not yet done the thing, the authority must not renew the licence until the thing is done. Examples—thing to be done 1 meet condition of licence 2 pay a fee 3 provide information (3) A licence may be renewed for up to 5 years. (4) The renewal of a licence— (a) starts immediately after the licence would have expired if it had not been renewed; and (b) if there is a condition imposed on the licence—does not affect the condition. (5) A renewal is subject to any condition imposed by the authority when approving the renewal. (6) The authority may only impose a condition on a licence if satisfied on reasonable grounds the condition is in the interest of animal welfare. 24N Amendment of pet business licence The authority may amend a licensed pet business’s pet business licence if— (a) the authority believes on reasonable grounds that the amendment is in the interest of animal welfare; or (b) to reflect a change to any of the following: (i) the licensed pet business’s name; (ii) the licensed pet business’s trading name; (iii) the nature of the pet business; Part 3A Pet businesses Division 3A.3 Pet business offences Section 24O page 44 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (iv) a trading address for the licensed pet business; (v) a condition that applies to the licence. 24O Authority may request more information (1) This section applies to— (a) an application for a licence under section 24F; and (b) an application to transfer a licence under section 24J; and (c) an application to renew a licence under section 24L. (2) The authority may ask the applicant to give the authority, within a stated reasonable period, information about the application that the authority reasonably needs to decide the application. (3) The period within which the authority must make a decision under the provisions mentioned in subsection (1) is extended by the period mentioned in subsection (2). (4) If the applicant does not comply with a requirement in the request, the authority may refuse to consider the application further. Division 3A.3 Pet business offences 24P Pet shops—failure to keep records (1) A person commits an offence if the person— (a) operates a pet shop; and (b) buys an animal in the course of operating the pet shop; and (c) does not keep a record of— (i) the full name and contact details of the person who sold the animal; and Pet businesses Part 3A Pet business offences Division 3A.3 Section 24Q R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) for an animal bought from the holder of a breeding licence—the breeding licence number. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. 24Q Pet shops—failure to share records (1) A person commits an offence if— (a) the person operates a pet shop; and (b) the authority asks to inspect a record required under section 24P (1) (c); and (c) within 7 days after the day the request is made, the person does not allow the authority to inspect the record. Maximum penalty: 25 penalty units. (2) An offence against this section is a strict liability offence. 24R Operating pet business without pet business licence (1) A person commits an offence if the person— (a) operates a pet business; and (b) the person is not licensed to operate the pet business. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: not licensed—a person is also not licensed if the person’s pet business licence is suspended, cancelled or expired. Part 3A Pet businesses Division 3A.3 Pet business offences Section 24S page 46 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24S Breach of pet business licence (1) A person commits an offence if the person— (a) is a licensed pet business; and (b) fails to comply with a condition of the person’s pet business licence. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. Research, teaching and breeding Part 4 Licences Division 4.1 Section 25 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Research, teaching and breeding Division 4.1 Licences 25 Research, teaching and breeding (1) A person commits an offence if the person— (a) uses or breeds an animal for research or teaching; and (b) the person does not have a licence to do so. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) This section does not apply to— (a) an authorisation holder, or a person assisting an authorisation holder; or (b) a person who uses or breeds an animal in the course of employment or engagement by a licensee; or (c) a person who uses an animal prescribed by regulation for teaching purposes in a preschool or primary school; or (d) an interstate researcher to whom section 49B (1) applies; or (e) a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies. Part 4 Research, teaching and breeding Division 4.1 Licences Section 26 page 48 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 26 Application for licence (1) A person may apply to the authority for a licence to use or breed animals for research or teaching, or for both research and teaching, at stated premises. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (2) The authority may, in writing, require the applicant to give the authority additional information in writing or documents that the authority reasonably needs to decide the application. (3) If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further. 27 Decision about licence application (1) On an application by a person for a licence, the authority must— (a) grant the licence for the premises stated in the application (the licensed premises); or (b) refuse to grant the licence. (2) In deciding whether to grant the licence, the authority must consider— (a) the applicant’s experience and competency in caring for and handling animals; and Research, teaching and breeding Part 4 Licences Division 4.1 Section 27 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the adequacy of the premises stated in the application, equipment and other facilities for caring for and handling animals; and (c) the adequacy of arrangements for the provision of veterinary treatment to animals at the premises stated in the application; and (d) the applicant’s response (or lack of response) to any request for further information under section 26 (2); and (e) whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 2014; and (f) whether the applicant has, within the 3 years immediately before the date of the application, been convicted or found guilty of a defined offence; and (g) any criteria prescribed by regulation. (3) Subsection (2) does not limit the matters that the authority may consider. (4) In this section: applicant includes, if the applicant is a corporation, each executive officer of the corporation. grant includes grant by way of renewal. renewal, of a licence, means the grant of the licence that is to begin on the day after the day the licence being renewed ends. http://www.legislation.act.gov.au/a/2014-59 Part 4 Research, teaching and breeding Division 4.1 Licences Section 28 page 50 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 28 Licence conditions (1) A licence is subject to any condition— (a) prescribed by regulation; or (b) put on the licence by the authority that the authority believes on reasonable grounds is reasonable or necessary in the interests of animal welfare. Examples of conditions that may be put on a licence 1 a condition about the welfare of the animals to be used by the licensee 2 a condition about the provision of facilities and equipment for the welfare of the animals to be used by the licensee 3 that an approved code of practice must be complied with Note The authority may amend a licence (including by putting a condition on the licence, or amending or removing a condition of the licence) at any time (see s 34). (2) A licensee commits an offence if the licensee fails to comply with a condition of the licence. Maximum penalty: 50 penalty units. (3) An offence against subsection (2) is a strict liability offence. 29 Form of licence A licence must— (a) be in writing; and (b) state the full name and address of the person to whom the licence is granted; and (c) state the licensed premises; and (d) state the period for which the licence is granted; and (e) state any condition put on the licence by the authority. Research, teaching and breeding Part 4 Licences Division 4.1 Section 30 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 30 Term of licence A licence is granted for the period of not longer than 3 years stated in the licence, and remains in force subject to this Act. 31 Licensees—request for information and documents The authority may, in writing, require a licensee to give the authority information in writing or documents that the authority reasonably needs to exercise its functions under this Act in relation to the licence. Example of information or documents a copy of a licensee’s evacuation plan for animals in case of a fire Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 32 Licence renewal (1) This section applies if— (a) an application is made under section 26 (Application for licence) by a licensee; and (b) the application is for renewal of the licensee’s licence; and (c) the application is made not later than 14 days before the day the licence term ends. (2) The licence remains in force, subject to this Act, until the application is decided under section 27 (Decision about licence application). (3) If the authority grants the licence applied for, the renewal of the licence begins on the day after the day the licence being renewed ends. (4) A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 4 Research, teaching and breeding Division 4.1 Licences Section 33 page 52 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) In this section: renewal, of a licence, means the grant of the licence that is to begin on the day after the day the licence being renewed ends. 33 Licensee to notify change of name or address (1) If a licensee changes the licensee’s name or address, the licensee must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 34 Amendment of licence (1) The authority may amend a licence at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare. (2) The authority may amend a licence on its own initiative or on application by the licensee. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (3) The authority may amend a licence on its own initiative only if the authority has— (a) given the licensee written notice of the proposed amendment; and (b) considered any comments made by the licensee in accordance with the notice. (4) The notice mentioned in subsection (3) (a) must— (a) include the authority’s grounds for making the proposed amendment; and Research, teaching and breeding Part 4 Licences Division 4.1 Section 35 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) invite the licensee to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the licensee. (5) Subsection (3) does not apply to action under section 73D (Taking regulatory action). Note Section 107A provides that the authority must give written notice of the decision to each person affected by the decision. (6) The amendment of a licence takes effect on— (a) the day the notice of the decision to amend is given to the licensee; or (b) if the notice states a later date of effect—that date. (7) A licence amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the licensee. (8) In this section: amend, a licence, includes putting a condition on the licence, or amending or removing a condition of the licence. condition does not include a condition prescribed by regulation. 35 Surrender of licences (1) A licensee may surrender the licence by giving the authority written notice of the surrender and the licence. (2) The surrender takes effect on— (a) the day the notice is given to the authority under subsection (1); or (b) if the notice states a later date of effect—that date. Part 4 Research, teaching and breeding Division 4.2 Authorisations Section 35A page 54 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.2 Authorisations 35A Meaning of authorised staff member—div 4.2 In this division: authorised staff member, of a corporation—see section 37 (2). 36 Research and teaching using and breeding animals (1) A person employed or engaged by a licensee commits an offence if the person— (a) conducts a program of research using or breeding animals and the person does not hold a research authorisation for the research; or (b) conducts a program of teaching using or breeding animals and the person does not hold a teaching authorisation for the teaching. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) This section does not apply to— (a) a person providing research or teaching assistance for the program; or (b) an interstate researcher to whom section 49B (1) applies; or (c) a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies. Research, teaching and breeding Part 4 Authorisations Division 4.2 Section 37 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Application for authorisation (1) A person may apply to the animal ethics committee for an authorisation to conduct a program of research or teaching, in relation to the use or breeding of animals at stated licensed premises. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (2) If the applicant is a corporation, the application must include the name and contact details of each individual employed or engaged by the corporation to conduct a program of research or teaching using or breeding animals on behalf of the corporation (an authorised staff member). (3) The animal ethics committee may, in writing, require the applicant to give the committee additional information in writing or documents that the committee reasonably needs to decide the application. (4) If the applicant does not comply with a requirement under subsection (3), the animal ethics committee may refuse to consider the application further. 38 Decision about authorisation application (1) On an application by a person for an authorisation, the animal ethics committee must— (a) grant the authorisation to the person to conduct the program of research or teaching stated in the application, for the licensed premises stated in the application; or (b) refuse to grant the authorisation. Part 4 Research, teaching and breeding Division 4.2 Authorisations Section 38 page 56 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In deciding whether to grant the authorisation, the animal ethics committee must consider— (a) the experience and competency in caring for and handling animals of— (i) for an applicant that is an individual—the applicant; or (ii) for an applicant that is a corporation—each authorised staff member; and (b) the applicant’s response (or lack of response) to any request for further information under section 37 (3); and (c) whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 2014; and (d) within the 3 years immediately before the date of the application, whether— (i) for an applicant that is an individual—the applicant has been convicted or found guilty of a defined offence; or (ii) for an applicant that is a corporation—an authorised staff member has been convicted or found guilty of a defined offence; and (e) any criteria prescribed by regulation. (3) Subsection (2) does not limit the matters that the animal ethics committee may consider. (4) In this section: grant includes grant by way of renewal. renewal, of an authorisation, means the grant of the authorisation that is to begin on the day after the day the authorisation being renewed ends. http://www.legislation.act.gov.au/a/2014-59 Research, teaching and breeding Part 4 Authorisations Division 4.2 Section 39 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 Authorisation conditions (1) An authorisation is subject to any condition— (a) prescribed by regulation; or (b) put on the authorisation by the animal ethics committee that the committee believes on reasonable grounds is reasonable or necessary in the interests of animal welfare. Examples of conditions that may be put on an authorisation 1 a condition about the use of the animals in the particular program of research or teaching that is to be undertaken 2 a condition about the welfare of the animals in the particular program of research or teaching that is to be undertaken 3 a condition about particular facilities and equipment relevant to the use of the animals in the course of conducting the particular program of research or teaching that is to be undertaken 4 that an approved code of practice must be complied with Note The animal ethics committee may amend an authorisation (including by putting a condition on the authorisation, or amending or removing a condition of the authorisation) at any time (see s 46). (2) A person commits an offence if the person— (a) is an authorisation holder; and (b) fails to comply with a condition of the authorisation. Maximum penalty: 50 penalty units. (3) An offence against subsection (2) is a strict liability offence. 40 Form of authorisation An authorisation must— (a) be in writing; and (b) state why the authorisation is required; and Part 4 Research, teaching and breeding Division 4.2 Authorisations Section 41 page 58 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) state the full name and address of the person to whom the authorisation is granted; and (d) state the licensed premises in relation to which the authorisation is granted; and (e) state the period for which the authorisation is granted; and (f) state any condition put on the authorisation by the animal ethics committee. 41 Term of authorisation An authorisation is granted for the period of not longer than 3 years stated in the authorisation, and remains in force subject to this Act. 42 Identity card for authorisation holders (1) If the animal ethics committee grants an authorisation, the committee must give— (a) if the authorisation holder is an individual—the individual an identity card stating the individual’s name; or (b) if the authorisation holder is a corporation—each authorised staff member an identity card stating the staff member’s name and the corporation’s name. (2) The identity card must show— (a) if the authorisation holder is an individual—a recent photograph of the individual; and (b) if the authorisation holder is a corporation—a recent photograph of the authorised staff member; and (c) anything else prescribed by regulation. (3) A person commits an offence if— (a) the person is given an identity card under subsection (1); and Research, teaching and breeding Part 4 Authorisations Division 4.2 Section 43 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) an authorised officer asks to see the person’s identity card; and (c) the person does not show the officer the card. Maximum penalty: 5 penalty units. (4) A person commits an offence if— (a) the person is given an identity card under subsection (1); and (b) either— (i) the relevant authorisation ends; or (ii) if the identity card relates to more than 1 authorisation— all authorisations end; and (c) the person does not return the person’s identity card to the animal ethics committee within 7 days after the day the authorisation ends. Maximum penalty: 5 penalty units. (5) An offence against this section is a strict liability offence. 43 Authorisation holders—request for information and documents The animal ethics committee may, in writing, require an authorisation holder to give the committee information in writing or documents that the committee reasonably needs to exercise its functions under this Act in relation to the authorisation. Example of information or documents information about the mortality rates of animals in the program of research in relation to which the authorisation is granted Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 4 Research, teaching and breeding Division 4.2 Authorisations Section 44 page 60 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 44 Authorisation renewal (1) This section applies if— (a) an application is made under section 37 (Application for authorisation) by an authorisation holder; and (b) the application is for renewal of the holder’s authorisation; and (c) the application is made not later than 14 days before the day the authorisation term ends. (2) The authorisation remains in force, subject to this Act, until the application is decided under section 38 (Decision about authorisation application). (3) If the animal ethics committee grants the authorisation applied for, the renewal of the authorisation begins on the day after the day the authorisation being renewed ends. (4) A suspended authorisation may be renewed, but the renewed authorisation is suspended until the suspension ends. (5) In this section: renewal, of an authorisation, means the grant of the authorisation that is to begin on the day after the day the authorisation being renewed ends. 45 Authorisation holder to notify change of name or address (1) If an authorisation holder changes the holder’s name or address, the authorisation holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the animal ethics committee, in writing, about the change. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. Research, teaching and breeding Part 4 Authorisations Division 4.2 Section 46 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 46 Amendment of authorisation (1) The animal ethics committee may amend an authorisation at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare. (2) The animal ethics committee may amend an authorisation on its own initiative or on application by the authorisation holder. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (3) The animal ethics committee may amend an authorisation on its own initiative only if the committee has— (a) given the authorisation holder written notice of the proposed amendment; and (b) considered any comments made by the authorisation holder in accordance with the notice. (4) The notice mentioned in subsection (3) (a) must— (a) include the animal ethics committee’s grounds for making the proposed amendment; and (b) invite the authorisation holder to give the committee any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the authorisation holder. (5) Subsection (3) does not apply to action under section 73D (Taking regulatory action). Note Section 107A provides that the animal ethics committee must give written notice of the decision to each person affected by the decision. Part 4 Research, teaching and breeding Division 4.2 Authorisations Section 47 page 62 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The amendment of an authorisation takes effect on— (a) the day the notice of the decision to amend is given to the authorisation holder; or (b) if the notice states a later date of effect—that date. (7) An authorisation amended under this section must be returned to the animal ethics committee as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the authorisation holder. (8) In this section: amend, an authorisation, includes putting a condition on the authorisation, or amending or removing a condition of the authorisation. condition does not include a condition prescribed by regulation. 47 Cessation of effect of authorisation (1) An authorisation ceases to have effect if, and while, the relevant licence is suspended, cancelled or surrendered under this Act or otherwise ceases to have effect. (2) In this section: relevant licence, in relation to an authorisation, means the licence in relation to the licensed premises mentioned in the authorisation. 48 Surrender of authorisations (1) An authorisation holder may surrender the authorisation by giving the animal ethics committee written notice of the surrender and the authorisation. (2) The surrender takes effect on— (a) the day the notice is given to the animal ethics committee under subsection (1); or Research, teaching and breeding Part 4 Interstate researchers Division 4.3 Section 49A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if the notice states a later date of effect—that date. Division 4.3 Interstate researchers 49A Notification An interstate researcher must, at least 7 days before using or breeding an animal for research or teaching in the ACT— (a) notify the authority of the researcher’s intention to use or breed an animal for research or teaching; and Note If a form is approved under s 110A (Approved forms) for a notification, the form must be used. (b) give to the authority a copy of— (i) the researcher’s interstate research authorisation; and (ii) any protocol and conditions with which the researcher is required to comply under the authorisation and any submission on which the grant of the authorisation is based. 49B Interstate researchers’ authorisation in the ACT (1) An interstate researcher who has complied with section 49A may use or breed animals in the ACT in the same way, to the same extent and for the same purposes as the researcher is permitted to use or breed animals in the State where the researcher’s interstate research authorisation was granted. (2) Subsection (1)— (a) does not apply to a researcher whose interstate research authorisation is suspended; and (b) ceases to apply to a researcher whose interstate research authorisation expires or is cancelled or revoked. Part 4 Research, teaching and breeding Division 4.3 Interstate researchers Section 49B page 64 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The authority may decide to end the application of subsection (1) to an interstate researcher if satisfied on reasonable grounds— (a) the researcher has contravened this Act; or (b) the researcher has contravened, in the ACT, an approved code of practice, a mandatory code of practice or a protocol or condition which applies to the researcher’s interstate research authorisation; or (c) the researcher has failed to comply, in the ACT, with the proposal for carrying out the researcher’s activities set out in a submission on which the grant of the authorisation is based; or (d) it is not appropriate for the researcher to use or breed animals in the ACT in the same way, to the same extent and for the same purposes as the researcher is permitted to use or breed animals in the State where the researcher’s interstate research authorisation is granted. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (4) When considering whether to make a decision under subsection (3) about an interstate researcher, the authority is not required to give the researcher an opportunity to make representations if satisfied that the public interest or the welfare of any animal requires that the decision be made immediately. (5) The authority may decide that subsection (1) should again apply to a researcher to whom the subsection has ceased to apply because of a decision under subsection (3). (6) Subsection (1)— (a) ceases to apply to a researcher about whom the authority has made a decision under subsection (3); and (b) again applies to a researcher about whom the authority has made a decision under subsection (5). http://www.legislation.act.gov.au/a/2001-14 Research, teaching and breeding Part 4 Animal ethics committees Division 4.4 Section 50 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 4.4 Animal ethics committees 50 Animal ethics committees (1) A regulation may make provision in relation to animal ethics committees, including provision relating to their establishment, constitution and functions. (2) A regulation made for subsection (1) may apply a law or instrument, or a provision of a law or instrument, as in force from time to time. (3) In this section: apply includes adopt and incorporate. Part 5 Circuses and travelling zoos Division 5.1 Preliminary Section 51 page 66 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Circuses and travelling zoos Division 5.1 Preliminary 51 Meaning of prohibited animal—pt 5 In this part: prohibited animal means— (a) a bear, elephant, giraffe, primate (other than a human) or feline (other than a domestic cat); or (b) an animal prescribed by regulation. Division 5.2 Offences 52 Circuses (1) A person commits an offence if— (a) the person conducts a circus; and (b) the circus has performing animals (but is not a travelling zoo); and (c) the person does not have a permit to conduct the circus. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if the person conducts a circus using a prohibited animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. Circuses and travelling zoos Part 5 Offences Division 5.2 Section 53 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A person commits an offence if the person brings a prohibited animal into the ACT as part of a circus troupe. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (4) For subsection (3), it does not matter whether the animal is brought into the ACT for use in the circus. 53 Travelling zoos (1) A person commits an offence if— (a) the person conducts a travelling zoo; and (b) the person does not have a permit to conduct the travelling zoo. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if the person conducts a travelling zoo using a prohibited animal. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (3) A person commits an offence if the person brings a prohibited animal into the ACT as part of a travelling zoo. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (4) For subsection (3), it does not matter whether the animal is brought into the ACT for use in the travelling zoo. Part 5 Circuses and travelling zoos Division 5.3 Circus and travelling zoo permits Section 54 page 68 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 5.3 Circus and travelling zoo permits 54 Application for circus or travelling zoo permit (1) A person may apply to the authority for a permit to conduct— (a) a circus with an animal in the circus troupe; or (b) a travelling zoo. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (2) For an application for a circus permit, the application must— (a) be accompanied by a list of animals that are to form part of the circus troupe, whether or not the animals are to be used in the circus; and (b) be lodged not later than 4 weeks before the day the first performance of the circus is proposed to be held. (3) For an application for a travelling zoo permit, the application must— (a) be accompanied by a list of animals that are to travel with the zoo, whether or not the animals are to be used in the zoo; and (b) be lodged not later than 4 weeks before the day the zoo is proposed to enter the ACT. (4) The authority may, in writing, require the applicant to give the authority additional information in writing or documents that the authority reasonably needs to decide the application. (5) If the applicant does not comply with a requirement under subsection (4), the authority may refuse to consider the application further. Circuses and travelling zoos Part 5 Circus and travelling zoo permits Division 5.3 Section 55 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 55 Decision about circus or travelling zoo permit application (1) On an application by a person for a circus or travelling zoo permit, the authority must— (a) grant the permit; or (b) refuse to grant the permit. (2) For an application for a circus permit, the authority must not grant a circus permit in relation to a circus if a prohibited animal is to form part of the circus troupe, whether or not the animal is to be used in the circus. (3) For an application for a travelling zoo permit, the authority must not grant a travelling zoo permit in relation to a zoo if a prohibited animal is to travel with the zoo, whether or not the animal is to be used in the zoo. (4) In deciding whether to grant the circus or travelling zoo permit, the authority must consider— (a) the experience and competency of the applicant, and the applicant’s employees and agents, in caring for and handling animals; and (b) the adequacy of the conditions under which the animals are to be housed, trained, transported or used; and (c) the adequacy of the facilities to be provided for the animals; and (d) the applicant’s response (or lack of response) to any request for further information under section 54 (4); and (e) whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 2014; and (f) whether the applicant has, within the 3 years immediately before the date of the application, been convicted or found guilty of a defined offence; and (g) any criteria prescribed by regulation. http://www.legislation.act.gov.au/a/2014-59 Part 5 Circuses and travelling zoos Division 5.3 Circus and travelling zoo permits Section 56 page 70 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) Subsection (4) does not limit the matters that the authority may consider. (6) In this section: applicant includes, if the applicant is a corporation, each executive officer of the corporation. grant includes grant by way of renewal. renewal, of a circus or travelling zoo permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends. 56 Circus or travelling zoo permit conditions (1) A circus or travelling zoo permit is subject to any condition— (a) prescribed by regulation; or (b) put on the permit by the authority that the authority believes on reasonable grounds is reasonable or necessary in the interests of animal welfare. Examples of conditions that may be put on a circus or travelling zoo permit 1 a condition about the welfare of the animals to be used by the circus or travelling zoo 2 a condition about the provision of facilities and equipment for the welfare of the animals to be used by the circus or travelling zoo 3 that an approved code of practice must be complied with Note The authority may amend a circus or travelling zoo permit (including by putting a condition on the permit, or amending or removing a condition of the permit) at any time (see s 59A). (2) A person commits an offence if the person— (a) is a circus permit-holder; and (b) fails to comply with a condition of the permit. Maximum penalty: 50 penalty units. Circuses and travelling zoos Part 5 Circus and travelling zoo permits Division 5.3 Section 57 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A person commits an offence if the person— (a) is a travelling zoo permit-holder; and (b) fails to comply with a condition of the permit. Maximum penalty: 50 penalty units. (4) An offence against subsection (2) or (3) is a strict liability offence. 57 Form of circus or travelling zoo permit A circus or travelling zoo permit must— (a) be in writing; and (b) state the full name and address of the person to whom the permit is granted; and (c) state the period for which the permit is granted; and (d) state any condition put on the permit by the authority. 58 Term of circus or travelling zoo permit A circus or travelling zoo permit is granted for the period stated in the permit, and remains in force subject to this Act. 59 Circus or travelling zoo permit-holder to notify change of name or address (1) If a circus or travelling zoo permit-holder changes the permit-holder’s name or address, the permit-holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. Part 5 Circuses and travelling zoos Division 5.3 Circus and travelling zoo permits Section 59A page 72 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 59A Amendment of circus or travelling zoo permit (1) The authority may amend a circus or travelling zoo permit at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare. (2) The authority may amend a circus or travelling zoo permit on its own initiative or on application by the circus or travelling zoo permit holder. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (3) The authority may amend a circus or travelling zoo permit on its own initiative only if the authority has— (a) given the circus or travelling zoo permit-holder written notice of the proposed amendment; and (b) considered any comments made by the permit-holder in accordance with the notice. (4) The notice mentioned in subsection (3) (a) must— (a) include the authority’s grounds for making the proposed amendment; and (b) invite the circus or travelling zoo permit-holder to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the permit-holder. (5) Subsection (3) does not apply to action under section 73D (Taking regulatory action). Note Section 107A provides that the authority must give written notice of the decision to each person affected by the decision. Circuses and travelling zoos Part 5 Circus and travelling zoo permits Division 5.3 Section 59A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 73 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The amendment of a circus or travelling zoo permit takes effect on— (a) the day the notice of the decision to amend is given to the circus or travelling zoo permit-holder; or (b) if the notice states a later date of effect—that date. (7) A circus or travelling zoo permit amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the circus or travelling zoo permit-holder. (8) In this section: amend, a circus or travelling zoo permit, includes putting a condition on the permit, or amending or removing a condition of the permit. condition does not include a condition prescribed by regulation. Part 6 Animal trapping Division 6.1 Trapping offences Section 60 page 74 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Animal trapping Division 6.1 Trapping offences 60 Steel-jawed traps and prohibited traps (1) A person commits an offence if— (a) the person sets a steel-jawed trap or a prohibited trap; and (b) an animal is killed or injured by the trap. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if the person sets a steel-jawed trap or a prohibited trap. Maximum penalty: 50 penalty units. (3) A person commits an offence if the person possesses a steel-jawed trap or prohibited trap. Maximum penalty: 15 penalty units. (4) An offence against this section is a strict liability offence. (5) Subsection (3) does not apply in relation to the possession of a trap kept only— (a) for the purpose of display; or (b) as a curio or part of a collection. (6) In this section: prohibited trap means a trap prescribed by regulation for this section. steel-jawed trap means an animal trap fitted with metal jaws, a pressure plate and a spring-operated mechanism, designed so the metal jaws close against each other when the trap is activated by the application of weight to the pressure plate. Animal trapping Part 6 Trapping offences Division 6.1 Section 62 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 75 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 62 Trapping—general (1) A person commits an offence if the person sets a trap. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. (3) This section does not apply to— (a) a trapping permit-holder; or (b) a person holding a nature conservation licence that authorises the person to set a trap. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58). (4) In this section: trap— (a) means a device used or designed to catch an animal; but (b) does not include a trap set to catch— (i) an animal, other than a domestic animal, on premises— (A) by the occupier of the premises; or (B) by an employee, agent or relative of the occupier of the premises; or (C) by another person, in accordance with the written approval of a person mentioned in sub-subparagraph (A) or (B); or (ii) a fish or crustacean for non-commercial human consumption. http://www.legislation.act.gov.au/a/2002-51 Part 6 Animal trapping Division 6.2 Trapping permits Section 63 page 76 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 6.2 Trapping permits 63 Application for trapping permit (1) A person may apply to the authority for— (a) a commercial trapping permit, for the purposes of a commercial trapping operation; or (b) a private trapping permit, for domestic or private purposes. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. (2) The authority may, in writing, require the applicant to give the authority additional information in writing or documents that the authority reasonably needs to decide the application. (3) If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further. 64 Decision about trapping permit application (1) On an application by a person for a trapping permit, the authority must— (a) grant the permit of the type applied for; or (b) refuse to grant the permit. Animal trapping Part 6 Trapping permits Division 6.2 Section 64 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 77 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) In deciding whether to grant the trapping permit, the authority must consider— (a) the species of animals to be trapped; and (b) the experience and competency of the applicant, and the applicant’s employees and agents, in trapping the animals; and (c) the adequacy of the applicant’s traps and other trapping equipment; and (d) the applicant’s response (or lack of response) to any request for further information under section 63 (2); and (e) whether the applicant has, within the 3 years immediately before the date of the application, been convicted or found guilty of a defined offence; and (f) any criteria prescribed by regulation. (3) Subsection (2) does not limit the matters that the authority may consider. (4) In this section: applicant includes, if the applicant is a corporation, each executive officer of the corporation. grant includes grant by way of renewal. renewal, of a trapping permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends. Part 6 Animal trapping Division 6.2 Trapping permits Section 65 page 78 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 65 Trapping permit conditions (1) A trapping permit is subject to any condition— (a) prescribed by regulation; or (b) put on the permit by the authority that the authority believes on reasonable grounds is reasonable or necessary in the interests of animal welfare. Examples of conditions that may be put on a trapping permit 1 a condition about the species of animals to be trapped 2 a condition about the areas in which traps are to be set 3 a condition about the traps and other trapping equipment to be used 4 a condition about the welfare of any animals that may be affected by the proposed trapping activities 5 that an approved code of practice must be complied with Note The authority may amend a trapping permit (including by putting a condition on the permit, or amending or removing a condition of the permit) at any time (see s 71). (2) A person commits an offence if the person— (a) is a trapping permit-holder; and (b) fails to comply with a condition of the trapping permit. Maximum penalty: 50 penalty units. (3) An offence against subsection (2) is a strict liability offence. 66 Form of trapping permit A trapping permit must— (a) be in writing; and (b) state the full name and address of the person to whom the permit is granted; and (c) state the period for which the permit is granted; and Animal trapping Part 6 Trapping permits Division 6.2 Section 67 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 79 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) state any condition put on the permit by the authority. 67 Term of trapping permit A trapping permit is granted for the period of not longer than 3 years stated in the permit, and remains in force subject to this Act. 68 Trapping permit-holders—request for information and documents The authority may, in writing, require a trapping permit-holder to give the authority information in writing or documents that the authority reasonably needs to exercise its functions under this Act in relation to the trapping permit. Example of information or documents information about gas cylinders used in trapping by a trapping permit-holder Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 69 Trapping permit renewal (1) This section applies if— (a) an application is made under section 63 (Application for trapping permit) by a trapping permit-holder; and (b) the application is for renewal of the trapping permit-holder’s trapping permit; and (c) the application is made not later than 14 days before the day the trapping permit term ends. (2) The trapping permit remains in force, subject to this Act, until the application is decided under section 64 (Decision about trapping permit application). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 6 Animal trapping Division 6.2 Trapping permits Section 70 page 80 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If the authority grants the trapping permit applied for, the renewal of the permit begins on the day after the day the permit being renewed ends. (4) A suspended trapping permit may be renewed, but the renewed permit is suspended until the suspension ends. (5) In this section: renewal, of a trapping permit, means the grant of the permit that is to begin on the day after the day the permit being renewed ends. 70 Trapping permit-holder to notify change of name or address (1) If a trapping permit-holder changes the permit-holder’s name or address, the permit-holder must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 71 Amendment of trapping permit (1) The authority may amend a trapping permit at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare. (2) The authority may amend a trapping permit on its own initiative or on application by the trapping permit-holder. Note 1 If a form is approved under s 110A for an application, the form must be used. Note 2 A fee may be determined under s 110 for this provision. Animal trapping Part 6 Trapping permits Division 6.2 Section 71 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 81 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The authority may amend a trapping permit on its own initiative only if the authority has— (a) given the trapping permit-holder written notice of the proposed amendment; and (b) considered any comments made by the permit-holder in accordance with the notice. (4) The notice mentioned in subsection (3) (a) must— (a) include the authority’s grounds for making the proposed amendment; and (b) invite the trapping permit-holder to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the permit-holder. (5) Subsection (3) does not apply to action under section 73D (Taking regulatory action). Note Section 107A provides that the authority must give written notice of the decision to each person affected by the decision. (6) The amendment of a trapping permit takes effect on— (a) the day the notice of the decision to amend is given to the trapping permit-holder; or (b) if the notice states a later date of effect—that date. (7) A trapping permit amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the trapping permit holder. Part 6 Animal trapping Division 6.2 Trapping permits Section 72 page 82 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (8) In this section: amend, a trapping permit, includes putting a condition on the permit, or amending or removing a condition of the permit. condition does not include a condition prescribed by regulation. 72 Surrender of trapping permits (1) A trapping permit-holder may surrender the trapping permit by giving the authority written notice of the surrender and the permit. (2) The surrender takes effect on— (a) the day the notice is given to the authority under subsection (1); or (b) if the notice states a later date of effect—that date. Regulatory action Part 6A Section 73A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 83 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6A Regulatory action 73A Definitions—pt 6A In this part: approval means— (a) an authorisation; or (b) a circus permit; or (c) a licence; or (d) a pet business licence; or (e) a trapping permit; or (f) a travelling zoo permit. approved person means the holder of an approval. regulatory body means— (a) for an authorisation holder—the animal ethics committee; or (b) for a circus permit-holder, licensee, licensed pet business, trapping permit-holder or travelling zoo permit-holder—the authority. 73B Grounds for regulatory action (1) Each of the following is a ground for regulatory action against an approved person: (a) the person gave information to the regulatory body in relation to the application for the grant or renewal of the person’s approval that was false or misleading in a material particular; Part 6A Regulatory action Section 73B page 84 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the regulatory body becomes aware of a circumstance that, if the regulatory body had been aware of it when the application for approval was decided, would have resulted in the application being refused; (c) the person contravened a condition of the person’s approval; (d) the person failed to return an approval as required under the relevant provision; (e) the person has been convicted or found guilty of a defined offence— (i) within the 3 years immediately before the date of the application for the person’s approval; or (ii) while an approved person; or (iii) during any suspension of the person’s approval; (f) if the regulatory body believes on reasonable grounds that it would refuse an application by the person for an approval of the kind held by the person on the grounds mentioned in the relevant section. (2) In this section: approved person includes, if the person is a corporation, each executive officer of the corporation. relevant provision means— (a) for a licensed pet business—section 24N (Amendment of pet business licence); or (b) for a licensee—section 34 (7) (Amendment of licence); or (c) for an authorisation holder—section 46 (7) (Amendment of authorisation); or (d) for a circus or travelling zoo permit-holder—section 59A (7) (Amendment of circus or travelling zoo permit); or Regulatory action Part 6A Section 73C R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 85 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) for a trapping permit-holder—section 71 (7) (Amendment of trapping permit). relevant section means— (a) for a licensed pet business—section 24G (2) (Issue of pet business licence); or (b) for a licensee—section 27 (2) (a), (b), (c), (e) or (g) or (3) (Decision about licence application); or (c) for an authorisation holder—section 38 (2) (a), (c) or (e) or (3) (Decision about authorisation application); or (d) for a circus or travelling zoo permit-holder—section 55 (4) (a), (b), (c), (e) or (g) or (5) (Decision about circus or travelling zoo permit application); or (e) for a trapping permit-holder—section 64 (2) (a), (b), (c) or (f) or (3) (Decision about trapping permit application). 73C Regulatory action Each of the following is regulatory action when taken against an approved person: (a) putting a condition on, or amending a condition put on, the person’s approval; (b) suspending the person’s approval for a stated period or until a stated thing happens; (c) cancelling the person’s approval; (d) cancelling the person’s approval and disqualifying the person from applying for an approval of that kind for a stated period or until a stated thing happens. Part 6A Regulatory action Section 73D page 86 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 73D Taking regulatory action (1) If the regulatory body proposes to take regulatory action in relation to an approved person, the regulatory body must give the person a written notice (a regulatory notice) that— (a) states the details of the proposed regulatory action; and (b) states the grounds for the proposed regulatory action; and (c) tells the person that the person may, not later than 14 days after the day the person is given the notice, give a written response to the regulatory body about the proposed regulatory action. (2) In deciding whether to take the proposed regulatory action, the regulatory body must consider any response given to the body in accordance with the regulatory notice. (3) If the regulatory body believes on reasonable grounds that a ground for taking the proposed regulatory action has been established in relation to the approved person, the body may— (a) take the regulatory action stated in the regulatory notice; or (b) if the proposed regulatory action is the cancellation and disqualification mentioned in section 73C (d)— (i) cancel the person’s approval; or (ii) suspend the person’s approval as mentioned in section 73C (b); or (iii) put a condition on, or amend a condition put on, the person’s approval; or (c) if the proposed regulatory action is the cancellation of the person’s approval— (i) suspend the person’s approval as mentioned in section 73C (b); or Regulatory action Part 6A Section 73E R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 87 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) put a condition on, or amend a condition put on, the person’s approval; or (d) if the proposed regulatory action is the suspension of the person’s approval as mentioned in section 73C (b)— (i) suspend the approval for a shorter period; or (ii) put a condition on, or amend a condition put on, the person’s approval. Note Section 107A provides that the regulatory body must give written notice of the decision to each person affected by the decision. (4) Regulatory action under this section takes effect on— (a) the day the notice of the decision is given to the approved person; or (b) if the notice states a later date of effect—that date. (5) In this section: ground for regulatory action against an approved person—see section 73B (Grounds for regulatory action). regulatory action—see section 73C (Regulatory action). 73E Immediate suspension (1) This section applies if— (a) the regulatory body gives, or has given, a regulatory notice under section 73D to an approved person; and (b) having regard to the grounds stated in the notice, the regulatory body believes on reasonable grounds that the person’s approval should be suspended immediately in the interests of animal welfare. (2) The regulatory body must give the approved person a written notice (the immediate suspension notice) suspending the person’s approval. Part 6A Regulatory action Section 73F page 88 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The suspension of an approved person’s approval under this section takes effect when the immediate suspension notice is given to the person. (4) The suspension of an approved person’s approval under this section ends— (a) if regulatory action is taken against the person under section 73D because of the regulatory notice—when the regulatory action takes effect, or 30 days after the day the immediate suspension notice is given to the person, whichever is the earlier; or (b) if regulatory action is not taken against the person under section 73D because of the regulatory notice—when the person is given written notice of the regulatory body’s decision not to take regulatory action, or 30 days after the day the immediate suspension notice is given to the person, whichever is the earlier. 73F Effect of suspension (1) A suspended approval does not authorise the carrying on of any activity under the approval during the suspension. (2) If the regulatory body suspends an authorisation holder’s approval, the person is, during the suspension— (a) taken not to hold the approval; and (b) disqualified from applying for an approval. 73G Return of amended, suspended or cancelled approvals (1) An approved person commits an offence if— (a) the person’s approval is amended, suspended or cancelled under this part; and Regulatory action Part 6A Section 73H R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 89 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the approved person fails to return the approval to the regulatory body as soon as practicable, but not later than 7 days after the day the approved person is given notice under section 107A (Reviewable decision notices). Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) An approved person may return an approval by giving the regulatory body— (a) for an approval given electronically—a written statement that the approved person surrenders the approval; or (b) in any other case—the approval. 73H Action by regulatory body in relation to amended or suspended approval (1) This section applies if— (a) an approval is— (i) amended under a relevant section; or (ii) amended or suspended under this part; and (b) the approval is returned to the regulatory body. (2) For an amended approval, the regulatory body must— (a) return the amended approval to the approved person; or (b) give the person a replacement approval that includes the amendment. (3) If an approval is suspended under this part and the suspension ends before the end of the term of the approval, the regulatory body must return the approval to the approved person. Part 6A Regulatory action Section 73H page 90 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) In this section: relevant section means— (a) for a licensed pet business—section 24N (Amendment of pet business licence); or (b) for a licence—section 34 (Amendment of licence); or (c) for an authorisation—section 46 (Amendment of authorisation); or (d) for a circus or travelling zoo permit—section 59A (Amendment of circus or travelling zoo permit); or (e) for a trapping permit—section 71 (Amendment of trapping permit). Enforcement Part 7 Preliminary Division 7.1 Section 74 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 91 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Enforcement Division 7.1 Preliminary 74 Definitions—pt 7 In this part: connected—an animal or thing is connected with a particular offence if— (a) it is an animal or thing in relation to which the offence has been committed; or (b) it will provide evidence of the offence; or (c) it was used, or is or was intended to be used, to commit the offence. occupier, of premises that an inspector or authorised officer is authorised to enter under this part, includes a person the inspector or officer believes on reasonable grounds to be the occupier, or to be in charge, of the premises. offence means— (a) any conduct engaged in, whether by an act or omission, that there are reasonable grounds for believing is an offence; or (b) an offence (within the meaning of paragraph (a)) that there are reasonable grounds for believing has been, or will be, committed. 75 Protection from liability (1) A person is not personally liable for conduct done honestly and without recklessness— (a) in the exercise of a function under this part; or Part 7 Enforcement Division 7.2 Inspectors and authorised officers Section 75A page 92 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) in the reasonable belief that the conduct was in the exercise of a function under this part. (2) Any liability that would, apart from this section, attach to the person attaches instead to the Territory. (3) In this section: conduct means an act or an omission to do an act. 75A Public access The authority must ensure that a copy of any report received by the authority under section 89 (1) is available for public inspection free of charge at the office of the authority. Division 7.2 Inspectors and authorised officers 76 Inspectors (1) The director-general may appoint a person as an inspector. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The following are also inspectors: (a) the authority; (b) a police officer. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 7 Inspectors and authorised officers Division 7.2 Section 77 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 93 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 77 Authorised officers (1) The director-general may appoint a public servant who is a veterinary practitioner as an authorised officer. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207) (2) The authority is also an authorised officer if the authority is— (a) accompanied by a veterinary practitioner; or (b) following the written advice of a veterinary practitioner. 78 Identity cards (1) This section applies to a person holding any of the following positions: (a) inspector (other than a police officer); (b) authorised officer; (c) the authority; (d) delegate of the authority with any delegated powers of an inspector. (2) The director-general must give the person an identity card stating the person’s name and position. (3) The identity card must show— (a) a recent photograph of the person; and (b) the card’s date of issue and expiry; and (c) anything else prescribed by regulation. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 7 Enforcement Division 7.3 Powers of inspectors Section 80 page 94 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person commits an offence if— (a) the person stops being a person to whom this section applies; and (b) the person does not return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after the day the person stops being a person to whom this section applies. Maximum penalty: 5 penalty units. (5) An offence against this section is a strict liability offence. Division 7.3 Powers of inspectors 80 Definitions—div 7.3 In this division: business premises means premises used for business or professional purposes, other than a part used for residential purposes. premises, in relation to the exercise of an inspector’s powers, means any premises except those which the inspector believes on reasonable grounds are being used for— (a) the purposes of research, or teaching, using animals; or (b) the acquisition, breeding or keeping of animals for such purposes. 81 Powers of entry and search (1) Subject to this section, if an inspector believes on reasonable grounds that it is necessary to do so for the purposes of this Act, the inspector may— (a) enter any premises; and Enforcement Part 7 Powers of inspectors Division 7.3 Section 81 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 95 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) exercise any power— (i) under section 82; or (ii) for the purposes of section 85. (2) For subsection (1), an inspector may— (a) enter any premises at any time with the consent of the occupier of the premises; or Note The procedures for obtaining consent are set out in s 88. (b) enter business premises during business hours at the premises; or (c) enter premises in accordance with a warrant under section 90; or (d) enter premises at any time if the inspector believes on reasonable grounds that serious and urgent circumstances require the immediate exercise of any of the inspector’s powers without a warrant. (3) An inspector who enters premises under subsection (2) (d) may have reasonable assistance and use reasonable force to enter the premises. (4) An inspector who enters premises under this section may take into the premises any people, equipment or material the inspector reasonably needs for exercising a power under this Act. (5) This section does not authorise an inspector to enter an abattoir unless— (a) the inspector is a veterinary practitioner; or (b) if the inspector is not a veterinary practitioner —the inspector enters those premises with a veterinary practitioner. (6) If a power is exercised in accordance with subsection (1) in relation to a vehicle, the relevant inspector may stop and detain the vehicle for the purpose of the exercise of that power. Part 7 Enforcement Division 7.3 Powers of inspectors Section 81A page 96 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 81A Power to seize animals—inspectors An inspector may— (a) seize any animal that the inspector believes on reasonable grounds to be connected with an offence; or (b) seize any dependant offspring of an animal seized under paragraph (a); or (c) seize any animal that the inspector believes on reasonable grounds is kept by, or in the care or control of, a person in contravention of— (i) a temporary prohibition order under section 86E (2) (Temporary prohibition on animal ownership etc); or (ii) an interim order under section 100A (2) (Animal offences—court orders (interim)); or (iii) an order under section 101 (4) (Animal offences—court orders (general)); or (iv) an order under section 101A (2) (Animal offences— permanent prohibition on animal ownership etc); or (v) an order under section 101C (Prohibition order in special circumstances). 82 Powers of inspectors (1) Subject to subsection (2), an inspector who enters premises in accordance with section 81 may, if the inspector believes it on reasonable grounds to be necessary for the purposes of this Act— (a) examine any animal in or on the premises; or (b) give assistance to any animal on the premises; or (c) inspect the premises and anything in or on the premises (including a document); or Enforcement Part 7 Powers of inspectors Division 7.3 Section 82 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 97 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) take copies of, or extracts from, any document in or on the premises; or (e) take photographs or make films or videotapes of the premises or any animal or thing in or on the premises; or (f) seize anything (including a document), that the inspector believes on reasonable grounds to be connected with an offence; or (g) require any person in or on the premises to give the inspector such assistance as is reasonable to enable the inspector to exercise the inspector’s powers under this section; or (h) ask questions of any person in or on the premises where the inspector considers it reasonable to enable the inspector to exercise powers under this section. (2) An inspector must not— (a) give a document seized under subsection (1) to someone else (other than the authority); or (b) give a copy of a document inspected or seized under subsection (1) to someone else (other than the authority); or (c) communicate to someone else (other than the authority) the contents of a document inspected or seized under subsection (1); or (d) give any information obtained under subsection (1) to someone else (other than the authority). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply if the document or copy is given, or the communication is made for the purposes of the investigation or prosecution of an offence. Part 7 Enforcement Division 7.3 Powers of inspectors Section 82A page 98 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (g). Maximum penalty: 20 penalty units. 82A Direction to give personal details—inspector (1) This section applies if an inspector believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The inspector may direct the person to give the inspector, immediately, any of the following personal details: (a) the person’s full name; (b) the person’s home address; (c) the person’s date of birth. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). (3) However, before asking the person for any personal details under subsection (2), the inspector must show the person the inspector’s identity card. (4) If the inspector believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the inspector may direct the person to produce evidence immediately of the correctness of the detail. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 7 Powers of inspectors Division 7.3 Section 82B R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 99 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If an inspector gives a direction under this section to a person, the inspector must tell the person that it is an offence if the person fails to comply with the direction. (6) A person commits an offence if— (a) an inspector shows the person the inspector’s identity card; and (b) the inspector directs the person under subsection (2) to give the inspector the person’s personal details; and (c) the person does not give the inspector the personal details. Maximum penalty: 15 penalty units. (7) An offence against this section is a strict liability offence. 82B Offence—fail to comply with inspector’s direction to give name and address (1) A person commits an offence if the person— (a) is subject to a direction under section 82A (2); and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the inspector did not produce the inspector’s identity card for inspection by the person if asked. (4) This section does not apply to a person if the inspector did not, before giving the direction, warn the person that failure to comply with the direction is an offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2002-51 Part 7 Enforcement Division 7.4 Powers of authorised officers Section 83 page 100 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 7.4 Powers of authorised officers 83 Research and educational institutions—powers of entry and search (1) Subject to this section, if an authorised officer believes on reasonable grounds that it is necessary to do so for the purposes of this Act, the officer may— (a) enter any premises the officer believes on reasonable grounds is being used for— (i) the purposes of research, or teaching, using animals; or (ii) the acquisition, breeding or keeping of animals for such purposes; and (b) exercise any power— (i) under section 84; or (ii) for the purposes of section 85. (2) For subsection (1), an authorised officer may enter premises mentioned in subsection (1) (a)— (a) at any time with the consent of the occupier of the premises; or Note The procedures for obtaining consent are set out in s 88. (b) in accordance with a warrant under section 90; or (c) at any time if the officer believes on reasonable grounds that serious and urgent circumstances require the immediate exercise of any of the officer’s powers without a warrant. (3) An authorised officer who enters premises under subsection (2) (c) may have reasonable assistance and use reasonable force to enter the premises. Enforcement Part 7 Powers of authorised officers Division 7.4 Section 83A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 101 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) An authorised officer who enters premises under this section may take into the premises any people, equipment or material the officer reasonably needs for exercising a power under this Act. (5) If a power is exercised in accordance with subsection (1) in relation to a vehicle, the relevant officer may stop and detain the vehicle for the purpose of the exercise of that power. 83A Power to seize animals—authorised officers An authorised officer may— (a) seize any animal that the officer believes on reasonable grounds to be connected with an offence; or (b) seize any dependant offspring of an animal seized under paragraph (a); or (c) seize any animal that the officer believes on reasonable grounds is kept by, or in the care or control of, a person in contravention of— (i) a temporary prohibition order under section 86E (2) (Temporary prohibition on animal ownership etc); or (ii) an interim order under section 100A (2) (Animal offences—court orders (interim)); or (iii) an order under section 101 (4) (Animal offences—court orders (general)); or (iv) an order under section 101A (2) (Animal offences— permanent prohibition on animal ownership etc); or (v) an order under section 101C (Prohibition order in special circumstances). Part 7 Enforcement Division 7.4 Powers of authorised officers Section 84 page 102 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 84 Powers of authorised officers (1) Subject to subsection (2), an authorised officer who enters premises in accordance with section 83 may, if the officer believes it on reasonable grounds to be necessary for the purposes of this Act— (a) examine any animal in or on the premises; or (b) give assistance to any animal on the premises; or (c) take a sample of tissue, blood, urine or other bodily material from an animal or carcass on the premises; or (d) inspect the premises and anything in or on the premises (including a document); or (e) take copies of, or extracts from, any document in or on the premises; or (f) take photographs or make films or videotapes of the premises or any animal or thing in or on the premises; or (g) seize anything (including a document), that the officer believes on reasonable grounds to be connected with an offence; or (h) ask questions of any person in or on the premises if the officer considers it reasonable to enable the officer to exercise powers under this section. (2) An authorised officer must not— (a) give a document seized under subsection (1) to someone else (other than the authority); or (b) give a copy of a document inspected or seized under subsection (1) to someone else (other than the authority); or (c) communicate to someone else (other than the authority) the contents of a document inspected or seized under subsection (1). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Enforcement Part 7 Powers of authorised officers Division 7.4 Section 84AA R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 103 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) does not apply if the document or copy is given, or the communication is made for the purposes of the investigation or prosecution of an offence. (4) A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (j). Maximum penalty: 20 penalty units. 84AA Direction to give name and address—authorised officer (1) This section applies if an authorised officer believes on reasonable grounds that a person— (a) has committed, is committing or is about to commit an offence against this Act; or (b) may be able to assist in the investigation of an offence against this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (2) The authorised officer may direct the person to give the authorised officer, immediately, any of the following personal details: (a) the person’s full name; (b) the person’s home address. Note Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46). (3) The person may ask the authorised officer to produce the authorised officer’s identity card for inspection by the person. (4) If the authorised officer believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the authorised officer may direct the person to produce evidence immediately of the correctness of the detail. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 7 Enforcement Division 7.4 Powers of authorised officers Section 84AB page 104 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) If an authorised officer gives a direction under this section to a person, the authorised officer must tell the person that it is an offence if the person fails to comply with the direction. 84AB Offence—fail to comply with authorised officer’s direction to give name and address (1) A person commits an offence if the person— (a) is subject to a direction under section 84AA (2); and (b) fails to comply with the direction. Maximum penalty: 5 penalty units. Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4). (2) An offence against this section is a strict liability offence. (3) This section does not apply to a person if the authorised officer did not produce the authorised officer’s identity card for inspection by the person if asked. (4) This section does not apply to a person if the authorised officer did not, before giving the direction, warn the person that failure to comply with the direction is an offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2002-51 Enforcement Part 7 Powers of veterinary practitioners Division 7.5 Section 84A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 105 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 7.5 Powers of veterinary practitioners 84A Powers of veterinary practitioners regarding seized animals and carcasses (1) A veterinary practitioner may take a sample of tissue, blood, urine or other bodily material from an animal or carcass seized under this Act. (2) A veterinary practitioner may perform a post-mortem on— (a) a dead seized animal; or (b) a seized carcass. Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners 85 Inspectors and authorised officers (1) This section applies if an inspector or an authorised officer believes on reasonable grounds— (a) that an animal has not been given a thing mentioned in section 6B (Failure to provide appropriate care); or (b) that an animal is so severely injured, so overworked, so diseased or in such a physical condition that it is necessary that the animal be provided with veterinary treatment; or (c) that— (i) an animal is so severely injured or diseased, or in such a poor physical condition, that it is cruel to keep it alive; and (ii) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal. Part 7 Enforcement Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners Section 85 page 106 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) If this section applies, the relevant inspector or authorised officer may— (a) seize the animal; and (b) give assistance to the animal; and (c) remove the animal to any place that the inspector or officer thinks fit; and (d) in the case of an animal referred to in subsection (1) (c)—destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain. (3) An inspector must only exercise a power referred to in subsection (2) (d) with the written consent of a person in charge of the relevant animal, unless— (a) the inspector, after making reasonable enquiries, is unable to locate such a person; or (b) the inspector is a veterinary practitioner. (4) The reasonable expenses incurred by an inspector or authorised officer in the exercise of a power under subsection (2) in relation to an animal may be recovered by the Territory from the owner of the animal as a debt in a court of competent jurisdiction. (5) If subsection (1) (a) or (b) applies, the relevant inspector or authorised officer may, instead of exercising the powers referred to in subsection (2) (a), (b) or (c), give a person in charge of the relevant animal directions in writing requiring that person— (a) to provide the animal with such specified rest, food, water, shelter, treatment or care as is necessary in the interests of the animal’s welfare; and (b) if necessary, to consult a veterinary practitioner about the condition of the animal within such a specified period as is reasonable in the circumstances; and Enforcement Part 7 Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners Division 7.6 Section 86 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 107 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) state a reasonable time within which the person must give the inspector or authorised officer evidence that the direction has been complied with. (6) A direction under subsection (5) must be— (a) personally served on the person; and (b) when served, explained to the person. (7) A person commits an offence if the person— (a) is given a direction under subsection (5); and (b) fails to comply with the direction. Maximum penalty: 50 penalty units. (8) An offence against this section is a strict liability offence. 86 Veterinary practitioners (1) If, in the opinion of a veterinary practitioner — (a) an animal is so severely injured, so diseased or in such a physical condition that it is cruel to keep it alive; and (b) the animal is not about to be destroyed, or is about to be destroyed in a manner that will inflict unnecessary pain on the animal; the veterinary practitioner may— (c) seize the animal; and (d) give assistance to the animal; and (e) remove the animal to such place as the veterinary practitioner thinks fit; and (f) destroy the animal, or cause it to be destroyed, in a manner that causes it to die quickly and without unnecessary pain. Part 7 Enforcement Division 7.6A Dealing with seized animals Section 86A page 108 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The reasonable expenses incurred by a veterinary practitioner in the exercise of a power conferred by subsection (1) in relation to an animal may be recovered from the owner of the animal as a debt in a court of competent jurisdiction. Division 7.6A Dealing with seized animals 86A Animal welfare entities (1) In this Act: animal welfare entity means— (a) the RSPCA; or (b) an entity declared by the Minister. (2) The Minister may make guidelines about the way an animal welfare entity may deal with a seized animal under this division. (3) A declaration of an animal welfare entity or a guideline is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (4) In this section: RSPCA means the Royal Society for the Prevention of Cruelty to Animals (ACT) Inc ABN 35 730 738 037. 86B Accommodation of seized animals (1) The authority must accommodate a seized animal by— (a) if the authority is reasonably satisfied that the animal can be kept under suitable care by the person in charge of the animal— returning the animal to the care of the person under stated written conditions; or (b) if the authority is not satisfied that the animal can be kept under suitable care by the person in charge of the animal—placing the animal in the care of an animal welfare entity; or http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 7 Dealing with seized animals Division 7.6A Section 86C R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 109 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) if the animal cannot be placed in the care of an animal welfare entity—impounding the animal. (2) A condition mentioned in subsection (1) (a) may include— (a) a condition prescribed by regulation; and (b) any other condition the authority considers appropriate to ensure the welfare and appropriate care of the animal. (3) A person commits an offence if— (a) an animal is returned to the person’s care under stated written conditions; and (b) the person fails to comply with a condition. Maximum penalty: 50 penalty units. (4) An offence against subsection (3) is a strict liability offence. 86C Selling or rehoming seized animals (1) The authority may— (a) sell a seized animal; or (b) give a seized animal to an animal welfare entity for selling or rehoming. (2) Before selling or rehoming an animal, the authority must— (a) if the identity of the person in charge of the animal is not known—make reasonable enquires to find out who the person in charge is; or (b) if the identity of the person in charge of the animal is known— give the person written notice of the authority’s intention to sell or rehome the animal. Part 7 Enforcement Division 7.6A Dealing with seized animals Section 86D page 110 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The authority may only sell or rehome an animal if— (a) the authority is satisfied on reasonable grounds it is in the best interest of the welfare of the seized animal; and (b) the authority knows the identity of the person in charge of the animal and has given notice to the person under subsection (2) (b); and (c) the person— (i) does not, within 14 days after the day the notice is given (the application period), apply to the ACAT under section 108 for review of the decision; or (ii) applies to the ACAT under section 108 for review of the decision within the application period and the authority’s decision to sell or rehome the animal is confirmed. 86D Destroying seized animals (1) This section applies if the authority believes on reasonable grounds that a seized animal is so severely injured or diseased, or in such poor physical condition, that it is cruel to keep the animal alive. (2) The authority may— (a) with the written consent of the person in charge of the animal, destroy the animal or cause it to be destroyed, in a way that causes it to die quickly and without unnecessary pain; or (b) give the animal to a veterinary practitioner so that the practitioner may destroy the animal in a way that causes it to die quickly and without unnecessary pain. (3) The reasonable expenses incurred by the authority in the exercise of a power under subsection (2) in relation to an animal may be recovered by the Territory from the owner of the animal as a debt in a court of competent jurisdiction. Enforcement Part 7 Dealing with seized animals Division 7.6A Section 86E R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 111 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 86E Temporary prohibition on animal ownership etc (1) This section applies if— (a) a domestic animal is seized under this Act; and (b) a proceeding (a relevant proceeding) has not been started in a court against a person in charge of the animal for an offence against part 2 (Animal welfare offences); and (c) the authority reasonably believes that an animal’s welfare is, or would be, at serious risk if the person were to own, keep, care for or control the animal. (2) The authority may, in writing, prohibit (a prohibition order) the person individually or jointly with another person from— (a) purchasing or acquiring an animal within the period stated in the order; or (b) keeping, caring for or controlling an animal within the period stated in the order. (3) In making a prohibition order, the authority— (a) must consider— (i) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and (ii) the likelihood the person has, or will, commit an offence against this Act; and (iii) any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare; and Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (b) may state that the order ends if stated conditions are met by the person. http://www.legislation.act.gov.au/a/2001-14 Part 7 Enforcement Division 7.7 Consent to entry, reports and search warrants Section 87 page 112 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The prohibition order ends on the earlier of— (a) the day a relevant proceeding starts; or (b) the day stated by the authority in the prohibition order; or (c) if a condition is stated under subsection (3) (b)—the day the authority confirms in writing that the condition has been met; or (d) 6 months after the day the prohibition is made. (5) A person commits an offence if the person fails to comply with a prohibition order. Maximum penalty: 100 penalty units. (6) Subsection (3) does not limit the matters the authority may consider. Division 7.7 Consent to entry, reports and search warrants 87 Definition of officer—div 7.7 In this division: officer means an inspector or an authorised officer. 88 Consent to entry (1) This section applies if the consent of the occupier of premises is sought by an inspector or an authorised officer for entry to the premises for section 81 or section 83. (2) If this section applies, before seeking the consent of the occupier of premises for entering premises, an officer must inform the occupier that the occupier may refuse to give that consent. Enforcement Part 7 Consent to entry, reports and search warrants Division 7.7 Section 89 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 113 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If this section applies and an officer obtains consent from an occupier to enter premises, the officer must ask the occupier to sign an acknowledgment— (a) that the occupier has been informed that the occupier may refuse to give that consent; and (b) that the occupier has given the officer consent, for that provision, to enter the premises and to exercise the powers of an officer under section 82, section 84 or section 85; and (c) of the day on which, and the time at which, that consent was given. (4) If this section applies, an officer is not authorised to remain on the premises if, on request by or on behalf of the occupier of the premises, the officer does not show the officer’s identity card to the occupier. (5) If a police officer exercises the power of an inspector to enter premises, subsection (4) only applies if the police officer is not in uniform. (6) If it is material, in any proceedings, for a court to be satisfied, for this section, of the consent of an occupier, and an acknowledgment in accordance with subsection (3) is not produced in evidence, it must be presumed that the occupier did not consent unless the contrary is established. 89 Reports (1) If, for an inspection under this part— (a) an inspector enters commercial premises; or (b) an authorised officer enters licensed premises; with the occupier’s consent, the inspector or authorised officer must, within 30 days after that entry, provide the occupier with a written report of the inspection. Part 7 Enforcement Division 7.7 Consent to entry, reports and search warrants Section 90 page 114 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A report under subsection (1) must contain— (a) a description of the inspection, and of any action taken by the officer or the authority as a result of the inspection; and (b) comments about any other matters connected with the welfare of animals kept on the premises as are reasonably requested by the occupier; and (c) any other comments connected with the welfare of the animals kept on the premises that the officer thinks fit. (3) In subsection (1): commercial premises means premises used for the sale or transport of animals, or for other commercial purposes in relation to animals. 90 Search warrants (1) This section applies if an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there is, on any premises— (a) an animal or thing of a particular kind that is connected with a particular offence against this Act; or (b) an animal or thing of a particular kind that is connected with the contravention of a requirement imposed by or under this Act; or (c) an animal referred to in section 85; and the information sets out those grounds. (2) If this section applies, a magistrate may issue a search warrant authorising an officer named in the warrant, with such assistance and by such force as is necessary and reasonable— (a) to enter the premises; and (b) to search the premises for the relevant animal or thing; and Enforcement Part 7 Consent to entry, reports and search warrants Division 7.7 Section 90 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 115 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) to exercise the powers of an officer under section 82, section 84 or section 85 in relation to the premises, animal or thing. (3) A magistrate must not issue a warrant unless— (a) the informant or another person has given the magistrate, either orally or by affidavit, any information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant. (4) A magistrate must not— (a) issue a warrant in relation to the search by an authorised officer of premises within the meaning of division 7.3; or (b) issue a warrant in relation to the search by an inspector of premises referred to in section 83 (1) (a) (i) or (ii). (5) A warrant must— (a) state the purpose for which it is issued; and (b) state the nature of the offence or contravention, or the circumstances referred to in section 85 (1), as the case requires, in relation to which the entry is authorised; and (c) state particular hours during which entry to the premises is authorised, or state that such entry is authorised at any time of the day or night; and (d) include a description of the kinds of things or animals in relation to which the powers of the officer may be exercised; and (e) state the date, not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect. Part 7 Enforcement Division 7.8 Offences in relation to veterinary practitioners Section 91 page 116 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 7.8 Offences in relation to veterinary practitioners 91 Obstructing etc veterinary practitioner A person must not hinder, obstruct, intimidate or resist a veterinary practitioner in the exercise of the veterinary practitioner’s functions under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Note The Criminal Code, pt 3.6 and pt 3.8 include offences for giving false and misleading statements to, or obstructing, Territory public officials. Division 7.9 Compensation for animal injury and death 93 Definitions—div 7.9 In this division: officer means— (a) an inspector; or (b) an authorised officer; or (c) any other person who enters premises under section 81 (4) or section 83 (4) while the person is on the premises; or (d) in relation to a function under section 86—a veterinary practitioner. owner, of an injured or dead animal, means the owner of the animal immediately before its injury or death. http://www.legislation.act.gov.au/a/2002-51 Enforcement Part 7 Compensation for animal injury and death Division 7.9 Section 94 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 117 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 94 Right to compensation (1) If an animal is injured, or dies, in the course of the exercise of an officer’s functions under this part, the owner of the animal is entitled to compensation under this division, subject to subsection (2). (2) Subsection (1) only applies if an officer’s malice or negligence— (a) significantly contributed to the injury or death of the animal; or (b) in the case of an animal which is destroyed—significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated the animal’s destruction. 95 Compensation claims (1) A claim for compensation under this division must be— (a) made by or on behalf of the owner of the animal; and (b) made within 1 year of the injury or death of the animal. Note 1 If a form is approved under s 110A (Approved forms) for this section, the form must be used. Note 2 A fee may be determined under s 110 (Determination of fees) for this section. (2) On a claim for compensation made in accordance with subsection (1), the authority must— (a) approve the claim; or (b) refuse to approve the claim. (3) The authority must only approve a claim if satisfied, on reasonable grounds, that the owner of the relevant animal is entitled to compensation under section 94. Part 7 Enforcement Division 7.9 Compensation for animal injury and death Section 96 page 118 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The authority must only approve the payment of the amount of compensation under this section that is reasonable in the circumstances, in consideration of matters including the following: (a) the value of the animal, in the authority’s opinion based on reasonable grounds, immediately before the malice or negligence referred to in section 94 (2); (b) any malice or negligence of the owner of the animal, or of other people (other than officers), which, in the authority’s opinion based on reasonable grounds— (i) significantly contributed to the injury or death of the animal; or (ii) for an animal which is destroyed—significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated the animal’s destruction; (c) the amount of the costs incurred by the owner as a result of the injury or death of the animal that the authority considers reasonable. (5) If the authority approves a claim for compensation, the Territory must pay the owner of the relevant animal accordingly. 96 Exclusion of civil actions If a person is entitled to compensation under this division for the injury or death of an animal, no amount— (a) by way of compensation for the value of the animal; or (b) for any costs incurred by the owner of the animal as a result of that injury or death; is payable to any person except under this division. Enforcement Part 7 Evidence Division 7.10 Section 97 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 119 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 7.10 Evidence 97 Meaning of offence—div 7.10 In this division: offence means an offence against this Act. 98 Certificate evidence (1) In proceedings for an offence, a certificate signed by the authority stating— (a) whether or not a person was, during a stated period, a licensed pet business, licensee, circus permit-holder, travelling zoo permit-holder or trapping permit-holder; or (b) whether or not a pet business licence, licence, circus permit, travelling zoo permit or trapping permit was in force on a stated day or days; or (c) the conditions subject to which a pet business licence, licence, circus permit, travelling zoo permit or trapping permit was granted, as in force on a stated day or days; or (d) whether or not a pet business licence, licence, circus permit, travelling zoo permit or trapping permit was varied, suspended or cancelled on a stated day, and (in the case of a suspension) for a stated period; is evidence of the matters stated in the certificate and the facts on which they are based. (2) In proceedings for an offence, a certificate signed by the chairperson of an animal ethics committee in relation to an authorisation stating— (a) whether or not a person was, during a stated period, the holder of an authorisation granted by that committee; or (b) whether or not an authorisation granted by that committee was in force on a stated day or days; or Part 7 Enforcement Division 7.10 Evidence Section 99 page 120 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) the conditions subject to which an authorisation was granted by that committee, as in force on a stated day or days; or (d) whether or not an authorisation was varied, suspended or cancelled by that committee on a stated day, and (in the case of a suspension) for a stated period; is evidence of the matters stated in the certificate and the facts on which they are based. 99 Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person’s state of mind about an act or omission, it is enough to show— (a) the act was done or omission made by a representative of the person within the scope of the representative’s actual or apparent authority; and (b) the representative had the state of mind. http://www.legislation.act.gov.au/a/2002-51 Enforcement Part 7 Court orders and corporate penalties Division 7.11 Section 100 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 121 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative’s actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). Division 7.11 Court orders and corporate penalties 100 Meaning of offence—div 7.11 In this division: offence means an offence against this Act. 100A Animal offences—court orders (interim) (1) This section applies if— (a) an animal has been seized under this Act; and (b) a proceeding for an offence has been started in a court against a person who was, before the seizure, in charge of the seized animal; and (c) the court is satisfied that, unless an appropriate interim order under this section is made, the person is likely to engage in conduct in relation to an animal that requires— (i) the seizure of an animal under this Act; or (ii) a further proceeding to be started for an offence. Part 7 Enforcement Division 7.11 Court orders and corporate penalties Section 100A page 122 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The court may make an order (an interim order) as it considers appropriate that the person must not, individually or jointly with another person— (a) purchase or acquire any animal within the period stated in the order; or (b) keep, care for or control any animal within the period stated in the order. (3) In making an interim order, the court must consider— (a) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and (b) the likelihood the person has, or will, commit an offence against this Act; and (c) any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (4) The duration of an interim order under subsection (2)— (a) must be stated in the order; and (b) must not be longer than 12 months. (5) The interim order ends if a seized animal is returned to the person in charge of the animal and the proceeding for an offence against the person is withdrawn. (6) If an interim order has ended or is about to end (other than under subsection (5)), the court may make a further interim order if the court is satisfied that the matters mentioned in subsection (1) continue to apply. http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 7 Court orders and corporate penalties Division 7.11 Section 101 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 123 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (7) A person must not engage in conduct that contravenes an interim order. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (8) Subsection (3) does not limit the matters the court may consider. 101 Animal offences—court orders (general) (1) This section applies if a court has convicted or found guilty a person in charge of an animal of an offence against— (a) part 2 (Animal welfare offences); or (b) section 86E (Temporary prohibition on animal ownership etc); or (c) section 100A (Animal offences—court orders (interim)); or (d) section 101A (Animal offences—permanent prohibition on animal ownership etc); or (e) section 101C (Prohibition order in special circumstances). (2) The court may, in addition to any penalty which it may otherwise impose, make any order it considers appropriate in relation to— (a) the disposal of— (i) the animal in relation to which the offence was committed; and (ii) any other animal of which the person is in charge; and (b) payment to the Territory, an animal welfare entity or another person of expenses incurred in the care of— (i) the animal in relation to which the offence was committed; and (ii) any other animal of which the person is in charge. Part 7 Enforcement Division 7.11 Court orders and corporate penalties Section 101 page 124 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An order under subsection (2) (b) may be made at any time and for any stated period of care. (4) The court may, in addition to any penalty which it may otherwise impose, make an order as it considers appropriate that the person must not— (a) purchase or acquire any animal within the period stated in the order; or (b) keep, care for or control any animal within the period stated in the order. (5) In making an order under subsection (4), the court must consider— (a) the offence committed by the person; and (b) any other conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (6) A person must not engage in conduct that contravenes an order under subsection (2) or (4). Maximum penalty (subsection (6)): 50 penalty units, imprisonment for 6 months or both. (7) Subsection (5) does not limit the matters the court may consider. (8) In this section: expenses incurred, in the care of an animal, includes any expense incurred for any of the following: (a) taking possession of the animal; (b) transporting the animal; (c) providing food, drink and water for the animal; http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 7 Court orders and corporate penalties Division 7.11 Section 101A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 125 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) providing shelter or accommodation for the animal; (e) providing veterinary care for the animal. 101A Animal offences—permanent prohibition on animal ownership etc (1) This section applies if— (a) a court has convicted or found guilty a person of an offence against section 7A (Aggravated cruelty); and (b) the court believes that it is reasonably likely the person will contravene part 2 (Animal welfare offences) if the person were to own, keep, care for or control an animal. (2) The court may, in addition to any penalty which it may otherwise impose, make an order that the person must not, either individually or jointly with another person— (a) purchase or acquire an animal; or (b) keep, care for or control an animal. (3) In making an order the court must consider— (a) the offence committed by the person; and (b) any other conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (4) A person commits an offence if the person fails to comply with an order made under subsection (2). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (5) Subsection (3) does not limit the matters the court may consider. http://www.legislation.act.gov.au/a/2001-14 Part 7 Enforcement Division 7.11 Court orders and corporate penalties Section 101B page 126 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 101B Animal offences—setting aside permanent prohibition order (1) On application by a person against whom an order under section 101A is made, the court may set aside the order. (2) An application may only be made if the person has not made an application under this section in the previous 12-month period. (3) Before making an order, the court must— (a) notify the authority, in writing, about the person’s application; and (b) allow the authority to make a written or oral submission to the court about the application. (4) In making an order, the court must consider— (a) any submission made by the authority; and (b) the public interest; and (c) the length of time since the order under section 101A was made; and; (d) any relevant rehabilitation or remedial action undertaken by the person; and (e) the risk to the welfare of animals; and (f) the matters considered by the court when making the order under section 101A. (5) Subsection (4) does not limit the matters the court may consider. Enforcement Part 7 Court orders and corporate penalties Division 7.11 Section 101C R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 127 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 101C Prohibition order in special circumstances (1) This section applies if— (a) an animal has been seized under this Act; and (b) the authority believes— (i) either the person in charge of the animal— (A) has committed an offence in relation to an animal against part 2 (Animal welfare offences); or (B) is the subject of an order of a court of a State that prohibits the person purchasing, acquiring, keeping, caring for or controlling an animal for a stated period; and Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (ii) it is not in the public interest to bring proceedings against the person; and (iii) the person is likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act. (2) The authority may apply to the court for an order that the person must not, individually or jointly with another person— (a) purchase or acquire any animal within the period stated in the order; or (b) keep, care for or control any animal within the period stated in the order. (3) The court may make an order after considering— (a) the welfare of the seized animal and any other animal owned, kept, cared for or controlled by the person; and (b) the likelihood the person has, or will, commit an offence against this Act; and http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 7 Enforcement Division 7.11 Court orders and corporate penalties Section 102 page 128 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) any conviction or finding of guilt of the person against an offence under a territory law, or the law of a State, in relation to animal welfare; and Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (d) anything else the court considers relevant. (4) The duration of an order under subsection (2) must be stated in the order. (5) If an order made under this section has ended or is about to end, the court may make a further order if satisfied the person remains likely to engage in conduct in relation to an animal that requires the seizure of an animal under this Act. (6) A person must not engage in conduct that contravenes an order under this section. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 102 Animal offences—court orders (costs and proceeds of disposal) (1) If a court makes an order under section 101 (2), it may make a further order that the person convicted or found guilty of the offence pay to a stated person the costs in relation to the disposal of the animal that are stated in the further order. (2) If a court makes an order under section 101 (2), it may make a further order stating the distribution of the proceeds from the disposal of the relevant animal in accordance with the firstmentioned order. (3) The costs or proceeds stated in an order under subsection (1) or (2) may be recovered in accordance with the order as a debt due in a court of competent jurisdiction. http://www.legislation.act.gov.au/a/2001-14 Enforcement Part 7 Court orders and corporate penalties Division 7.11 Section 103 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 129 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 103 Prohibited item and trap offences—court orders (general) (1) This section applies if— (a) a court has convicted or found a person guilty of an offence— (i) under section 14; or (ii) under division 6.1 in relation to an animal trap; and (b) the court is satisfied that, unless an appropriate order under this section is made, the person would be likely to commit a further offence in relation to a prohibited item or animal trap. (2) If this section applies, the court may, in addition to any penalty which it may otherwise impose, make any order it thinks fit in relation to the disposal of— (a) the relevant a prohibited item or animal trap; and (b) any other a prohibited item or animal trap (whether of the same or of a different type of trap). (3) If a court makes an order under subsection (2), it may make a further order that the person must not (for any purpose), within a stated period, purchase or acquire or take possession or custody of— (a) an animal trap (in general or of a stated kind); or (b) a prohibited item. (4) A person must not engage in conduct that contravenes an order under subsection (2) or (3). Maximum penalty (subsection (4)): 50 penalty units, imprisonment for 6 months or both. Part 7 Enforcement Division 7.11 Court orders and corporate penalties Section 104 page 130 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 104 Prohibited item and trap offences—court orders (costs and proceeds of disposal) (1) If a court makes an order under section 103 (2), it may make a further order that the person convicted or found guilty pay to a stated person stated costs in relation to the disposal of the relevant prohibited item or animal trap. (2) If a court makes an order under section 103 (2), it may make a further order stating the distribution of the proceeds from the disposal of the relevant prohibited item or animal trap in accordance with the firstmentioned order. (3) The costs or proceeds specified in an order under subsection (1) or (2) may be recovered pursuant to the relevant order as a debt due in a court of competent jurisdiction. 104A Court orders—offences involving violence (1) This section applies if a person is found guilty or convicted of an offence against this Act, or another Act, involving violence towards an animal. (2) Before sentencing the person, the court may— (a) make an order requiring the person to submit to psychological assessment; and (b) consider the assessment and any recommendation for counselling or treatment arising from the assessment. (3) The court may, in addition to any other sentence it may impose, make an order requiring the person to undertake a program of counselling or treatment mentioned in subsection (2) (b). Example of program an anger management treatment program Enforcement Part 7 Court orders and corporate penalties Division 7.11 Section 105 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 131 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) A person commits an offence if the person intentionally contravenes a requirement of an order under this section. Maximum penalty: 1 000 penalty units. 105 Court orders—procedure and appeals (1) For the purposes of proceedings for an order under this division— (a) the court may require notice of the proceedings to be given to any person the court thinks fit; and (b) the court may hear a person to whom a notice has been given. (2) Without affecting any other right of appeal, an order under this division is appellable in the same manner as if it were, or were part of, a sentence imposed in relation to the relevant offence. Part 8 Notification and review of decisions Section 107 page 132 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Notification and review of decisions 107 Meaning of reviewable decision—pt 8 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 107A Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. 108 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 Animal welfare advisory committee Part 9 Section 109 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 133 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 9 Animal welfare advisory committee 109 Establishment and functions (1) The Minister must establish an Animal Welfare Advisory Committee. (2) The committee is to be constituted in accordance with its instrument of establishment. (3) The functions of the committee are as follows: (a) to advise the Minister about animal welfare legislation; (b) to advise the authority about matters in relation to animal welfare, including animal welfare legislation; (c) to participate in the development of approved codes of practice and mandatory codes of practice; (d) to provide advice to other Territory authorities, and to community bodies, about programs for the improvement of community awareness about animal welfare; (e) to advise the Minister about any other matter relating to animal welfare; (f) to report annually to the Minister on the activities of the committee. (4) The instrument of establishment is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 Part 10 Miscellaneous Section 109A page 134 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 10 Miscellaneous 109A Rescuing animal at risk in locked vehicle (1) This section applies if— (a) an animal is locked in a motor vehicle; and (b) the animal appears to be at risk of serious injury or death. (2) A person does not incur criminal or civil liability if the person forcibly enters the motor vehicle, or assists another person to forcibly enter the motor vehicle, to release the animal. (3) However, subsection (2) applies only if— (a) the person is acting honestly and without recklessness; and (b) there are no other reasonable options available to the person to avoid the serious injury or death of the animal; and (c) the person’s capacity to exercise appropriate care and skill is not significantly impaired by a recreational drug. Example—par (b) contacting the police or Access Canberra (4) In this section: recreational drug means a drug consumed voluntarily for non-medicinal purposes, and includes alcohol. 110 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Miscellaneous Part 10 Section 110A R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 135 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 110A Approved forms (1) The authority may approve forms for this Act. (2) If the authority approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 111 Exemptions by regulations A regulation may— (a) exempt a person from the requirements of all or any of the provisions of this Act; or (b) provide for all or any of the provisions of this Act to apply, or not to apply, in relation to an animal. 112 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to— (a) the confining, housing or transport of animals; and (b) the slaughtering, trapping, snaring, catching or poisoning of animals; and (c) the hiring out, boarding, sale or trade of animals; and (d) the breeding, husbandry or training of animals; and (e) the use of animals for entertainment; and http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Part 10 Miscellaneous Section 113 page 136 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (f) the conditions under which animals may be kept or used for the purpose of the production of films, television programs or photographs, or of film, television, or photographic advertisements; and (g) the use of animals for teaching or research, or medical or surgical procedures; and (h) medical or surgical procedures on animals, including animal husbandry practices in relation to farming and grazing activities; and (i) a qualification a person must hold, or experience a person must have, to do a thing mentioned in paragraphs (a) to (h). (3) A regulation may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. 113 Review of amendments made by Animal Welfare Legislation Amendment Act 2019 (1) The Minister must review the operation of the amendments made by the Animal Welfare Legislation Amendment Act 2019 as soon as practicable 3 years after the commencement of that Act, section 32. (2) The Minister must present a report of the review to the Legislative Assembly within 6 months after the day the review is started. (3) This section expires 6 years after the day it commences. http://www.legislation.act.gov.au/a/2019-35%20/default.asp Reviewable decisions Schedule 1 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 137 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 8) column 1 item column 2 section column 3 decision column 4 entity 1 24G (1) (b) refuse to issue licence applicant for licence 2 24I (1) (a) and (b) put condition on licence licensee 3 24K (1) (b) refuse to approve transfer • licensee • transferee 4 24K (3) put condition on transfer transferee 5 24M (1) (b) refuse to renew licence licensee 6 24M (5) put condition on renewal licensee 7 24N amend licence licensee 8 24O (4) refuse further consideration • applicant • licensee • transferee 9 27 (1) (a) and 30 grant or renew licence for period less than 3 years applicant for licence or renewal 10 27 (1) (b) refuse to grant or renew licence applicant for licence or renewal 11 28 (b) put condition on licence licensee 12 34 (1) amend licence licensee 13 34 (1) amend licence in way other than the way applied for applicant for amendment Schedule 1 Reviewable decisions page 138 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 decision column 4 entity 14 34 (1) refuse to amend licence applicant for amendment 15 38 (1) (a) and 41 grant or renew authorisation for period less than 3 years applicant for authorisation or renewal 16 38 (1) (b) refuse to grant or renew authorisation applicant for authorisation or renewal 17 39 (b) put condition on authorisation entity that holds authorisation 18 46 (1) amend authorisation entity that holds authorisation 19 46 (1) amend authorisation in way other than way applied for applicant for amendment 20 46 (1) refuse to amend authorisation applicant for amendment 21 49B (3) end application of s 49B (1) to researcher interstate researcher 22 55 (1) (b) refuse to grant or renew circus or travelling zoo permit applicant for permit or renewal 23 56 (b) put condition on circus or travelling zoo permit permit holder 24 59A (1) amend circus or travelling zoo permit permit holder 25 59A (1) amend circus or travelling zoo permit in way other than way applied for applicant for amendment 26 59A (1) refuse to amend circus or travelling zoo permit applicant for amendment Reviewable decisions Schedule 1 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 139 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au column 1 item column 2 section column 3 decision column 4 entity 27 64 (1) (a) and 67 grant or renew trapping permit for period less than 3 years applicant for permit or renewal 28 64 (1) (b) refuse to grant or renew trapping permit applicant for permit or renewal 29 65 (b) put condition on trapping permit permit holder 30 71 (1) amend trapping permit permit holder 31 71 (1) amend trapping permit in way other than way applied for applicant for amendment 32 71 (1) refuse to amend trapping permit applicant for amendment 33 73D take regulatory action approved person against whom action taken 34 73E suspend approval immediately approved person whose approval suspended 35 86B condition on accommodation of seized animal person in charge of animal 36 86C sell or rehome seized animal person in charge of animal 37 86E prohibit animal ownership person prohibited 38 95 (2) (a) approve claim for compensation for particular amount claimant for compensation 39 95 (2) (b) refuse to approve claim for compensation claimant for compensation Dictionary page 140 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • chief police officer • Corporations Act • director-general (see s 163) • fail • found guilty • maximum penalty • Minister (see s 162) • person • public servant • reviewable decision notice • veterinary practitioner. animal means— (a) a live member of a vertebrate species, including— (i) an amphibian; and (ii) a bird; and (iii) a fish; and (iv) a mammal (other than a human being); and (v) a reptile; or (b) a live cephalopod; or (c) a live crustacean intended for human consumption. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Dictionary R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 141 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au animal ethics committee means— (a) for this Act generally—an animal ethics committee established in accordance with a regulation; and (b) in relation to a licence—the animal ethics committee whose functions relate to the licence; and (c) in relation to an application for an authorisation—the animal ethics committee to which the application is made; and (d) in relation to an authorisation or an authorisation holder—the animal ethics committee that gave the authorisation. animal welfare entity—see section 86A. approval, for part 6A (Regulatory action)—see section 73A. approved code of practice means a code of practice approved under section 22, as in force under this Act. approved person, for part 6A (Regulatory action)—see section 73A. authorisation means a research authorisation or teaching authorisation. authorisation holder means a person granted a research authorisation or a teaching authorisation under section 38 (1) (a). authorised officer means an authorised officer under section 77. authorised staff member, of a corporation, for division 4.2 (Authorisations)—see section 37 (2). authority means the Animal Welfare Authority under section 5. board, an animal, for part 3A (Pet businesses)—see section 24E. breeding licence, for part 3A (Pet businesses)—see section 24E. business premises, for division 7.3 (Powers of inspectors)—see section 80. circus permit means a circus permit granted under section 55. Dictionary page 142 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au circus permit-holder means a person granted a circus permit under section 55 (1) (a). confine, an animal, for part 2 (Animal welfare offences)—see section 6A. connected, for part 7 (Enforcement)—see section 74. cruelty, in relation to an animal, for pt 2 (Animal welfare offences)— see section 6A. defined offence means— (a) an offence against this Act; or (b) an offence in relation to animal welfare under another territory law or a Commonwealth or State law. director, of a corporation incorporated for a public purpose under a territory law or Commonwealth or State law, includes a member of the corporation. domestic, in relation to an animal, includes captive. engage in conduct means— (a) do an act; or (b) omit to do an act. executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation. feral animal means an animal (other than a native animal) that does not live in a domestic state. Dictionary R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 143 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au identity card means— (a) in relation to an inspector (other than a police officer), an authorised officer or a delegate of the authority—an identity card issued to the person under section 78; or Note The authority is an inspector (see s 76 (2) (a)). (b) in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer. injury, in relation to an animal, includes— (a) the aggravation, acceleration or recurrence of any physical injury; and (b) the contraction, aggravation, acceleration or recurrence of a disease. inspector means an inspector under section 76. interstate research authorisation means an authorisation (however described) to conduct research, or teach, using animals that— (a) has been granted under a State law; and (b) has not been suspended. interstate researcher means a person who holds an interstate research authorisation. licence means a licence granted under section 27. licensed pet business means a person issued a pet business licence under section 24G (1) (a). licensed premises—see section 27 (Decision about licence application). licensee means a person granted a licence under section 27 (1) (a). mandatory code of practice means a code of practice, or part of a code of practice, approved under section 23 as mandatory. native animal—see the Nature Conservation Act 2014, section 12. http://www.legislation.act.gov.au/a/2014-59/default.asp Dictionary page 144 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au occupier, of premises that an inspector or authorised officer is authorised to enter under part 7, for part 7 (Enforcement)—see section 74. offence— (a) for part 7 (Enforcement)—see section 74; and (b) for division 7.10 (Evidence)—see section 97; and (c) for division 7.11 (Court orders and corporate penalties)—see section 100. officer— (a) for division 7.7 (Consent to entry, reports and search warrants)—see section 87; and (b) for division 7.9 (Compensation for animal injury and death)— see section 93. owner, of an injured or dead animal, for division 7.9 (Compensation for animal injury and death)—see section 93. pain includes suffering and distress. person in charge, in relation to an animal, means— (a) the owner of the animal; or (b) a person having the custody or control of the animal; or (c) if a person mentioned in paragraph (b) is acting as the employee or agent of someone else—the other person; or (d) if the animal is confined in a saleyard—the occupier of the saleyard. pest does not include a domestic animal or native animal. pet business, for part 3A (Pet businesses)—see section 24E. pet business licence means a licence issued under section 24G (1) (a). Dictionary R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 145 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au pet shop, for part 3A (Pet businesses)—see section 24E. poison, for part 2 (Animal welfare offences)—see section 6A. premises— (a) for this Act generally, includes— (i) a building or part of a building; and (ii) a tent, stall or other structure, whether permanent or temporary; and (iii) land (including water on land) whether or not appurtenant to a building; and (iv) a vehicle; and (b) in relation to the exercise of an inspector’s powers, for division 7.3 (Powers of inspectors)—see section 80. prohibited animal, for part 5 (Circuses and travelling zoos)—see section 51. prohibited item—see section 14. regulatory body, for part 6A (Regulatory action)—see section 73A. research authorisation means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of research in relation to licensed premises. reviewable decision, for part 8 (Notification and review of decisions)—see section 107. teaching authorisation means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of teaching in relation to licensed premises. trapping permit means a permit granted under section 64 (Decision about trapping permit application) for— (a) domestic or private purposes; or (b) the purposes of a commercial trapping operation. Dictionary page 146 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au trapping permit-holder means a person granted a trapping permit under section 64 (1) (a). travelling zoo does not include— (a) for a zoo located in the ACT—the display of the zoo’s animals at a place other than the place where the zoo is permanently located; or (b) a zoo (however described) the main purpose of which is to make animals available for contact with members of the public. Example—par (b) a zoo known as a petting zoo that contains animals such as livestock, poultry and rabbits travelling zoo permit means a travelling zoo permit granted under section 55. travelling zoo permit-holder means a person granted a travelling zoo permit under section 55 (1) (a). vehicle includes a caravan, trailer or vessel. veterinary treatment, in relation to an animal, means— (a) a medical procedure of a prophylactic or therapeutic nature carried out on the animal by a veterinary practitioner; or (b) a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary practitioner; or (c) a surgical procedure of a prophylactic or therapeutic nature, or sterilisation, carried out on the animal by a veterinary practitioner; or (d) any other medical or surgical procedure carried out on the animal by a veterinary practitioner. Dictionary R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 147 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au welfare, in relation to animals, means the health, safety and welfare of— (a) animals in general; or (b) 1 or more animals in particular. Endnotes 1 About the endnotes page 148 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired http://www.legislation.act.gov.au/a/2001-14/default.asp Endnotes Legislation history 3 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 149 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Animal Welfare Act 1992 A1992-45 notified 1 September 1992 (Gaz 1992 No S148) s 1, s 2 commenced 1 September 1992 (s 2 (1)) ss 6, 76, 78, 79 and 109 commenced 2 November 1992 (Gaz 1992 No 44) remainder commenced 1 March 1993 (s 2 (3)) as amended by Acts Revision (Position of Crown) Act 1993 A1993-44 sch 2 notified 27 August 1993 (Gaz 1993 No S165) commenced 27 August 1993 (s 2) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250) Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch notified 15 December 1994 (Gaz 1994 No S280) s 1, s 2 commenced 15 December 1994 (s 2 (1)) sch commenced 15 December 1994 (Gaz 1994 No S293) Nature Conservation (Amendment) Act (No 2) 1994 A1994-110 sch 2 notified 22 December 1994 (Gaz 1994 No S289) s 1, s 2 commenced 22 December 1994 (s 2 (1)) sch 2 commenced 8 February 1995 (Gaz 1995 No S41) Animal Welfare (Amendment) Act 1997 A1997-45 (as am A2001-44 pt 19; A2001-83 s 9; A2005-54 sch 1 pt 1.4) notified 19 September 1997 (Gaz 1997 No S264) ss 1-3 commenced 19 September 1997 (s 2 (1)) s 4, s 5, s 5A repealed before commencement (see A2014-3 s 4) s 6 commenced 19 December 1997 (s 2 (4)) Statute Law Revision (Penalties) Act 1998 A1998-54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) sch commenced 9 December 1998 (Gaz 1998 No 49) http://www.legislation.act.gov.au/a/1993-44 http://www.legislation.act.gov.au/a/1994-60 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1994-110/default.asp http://www.legislation.act.gov.au/a/1997-45 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2001-83 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/1998-54 Endnotes 3 Legislation history page 150 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Animal Welfare Amendment Act 2000 A2000-72 notified 21 December 2000 (Gaz 2000 No S69) commenced 21 December 2000 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 17 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 17 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.4 notified 5 September 2001 (Gaz 2001 No S65) commenced 12 September 2001 (s 2 (1)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.1, sch 2 pt 2.4 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.1, sch 2 pt 2.4 commenced 9 April 2004 (s 2 (1)) Animal Legislation (Penalties) Amendment Act 2004 A2004-50 notified LR 16 August 2004 s 1, s 2 commenced 16 August 2004 (LA s 75 (1)) remainder commenced 17 August 2004 (s 2) Stock Act 2005 A2005-19 sch 1 pt 1.1 notified LR 13 April 2005 s 1, s 2 commenced 13 April 2005 (LA s 75 (1)) sch 1 pt 1.1 commenced 26 August 2005 (s 2 and CN2005-13) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.3, sch 1 pt 1.4 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.3 commenced 24 November 2005 (s 2) sch 1 pt 1.4 never commenced (A1997-45 rep before commenced by A2014-3 s 4) http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2001-56 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2004-50 http://www.legislation.act.gov.au/a/2005-19#history http://www.legislation.act.gov.au/cn/2005-13/default.asp http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1997-45 http://www.legislation.act.gov.au/a/2014-3 Endnotes Legislation history 3 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 151 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Animal Welfare Amendment Act 2006 A2006-17 notified LR 10 May 2006 s 1, s 2 commenced 10 May 2006 (LA s 75 (1)) remainder commenced 11 May 2006 (s 2) Animal Welfare Legislation Amendment Act 2007 A2007-7 pt 2 notified LR 26 March 2007 s 1, s 2 commenced 26 March 2007 (LA s 75 (1)) s 15 commenced 26 September 2007 (s 2 (2)) pt 2 remainder commenced 27 March 2007 (s 2 (1)) Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.4 notified LR 6 December 2007 s 1, s 2 commenced 6 December 2007 (LA s 75 (1)) sch 3 pt 3.4 commenced 27 December 2007 (s 2) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.3 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.3 commenced 26 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.8 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.8 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Animal Welfare Amendment Act 2010 A2010-14 notified LR 1 April 2010 s 1, s 2 commenced 1 April 2010 (LA s 75 (1)) remainder commenced 1 October 2010 (s 2 and LA s 79) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.10 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.10 commenced 1 July 2011 (s 2 (1)) http://www.legislation.act.gov.au/a/2006-17 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/a/2008-35 http://www.legislation.act.gov.au/cn/2009-2/default.asp http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2011-22 Endnotes 3 Legislation history page 152 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.3 notified LR 22 November 2011 s 1, s 2 commenced 22 November 2011 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011-12, s 2 and CN2012-4) Animal Welfare (Factory Farming) Amendment Act 2014 A2014-3 pt 2 notified LR 6 March 2014 s 1, s 2 commenced 6 March 2014 (LA s 75 (1)) pt 2 commenced 7 March 2014 (s 2) Nature Conservation Act 2014 A2014-59 sch 2 pt 2.1 notified LR 11 December 2014 s 1, s 2 commenced 11 December 2014 (LA s 75 (1)) sch 2 pt 2.1 commenced 11 June 2015 (s 2 (1) and LA s 79) Domestic Animals (Breeding) Legislation Amendment Act 2015 A2015-9 pt 2 notified LR 7 April 2015 s 1, s 2 commenced 7 April 2015 (LA s 75 (1)) pt 2 commenced 15 September 2015 (s 2 and CN2015-19) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.6 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.6 commenced 14 October 2015 (s 2) Animal Welfare Amendment Act 2016 A2016-19 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) remainder commenced 31 May 2016 (s 2, CN2016-11 and see LA s 77 (3)) Domestic Animals (Racing Greyhounds) Amendment Act 2017 A2017-44 sch 1 pt 1.1 notified LR 5 December 2017 s 1, s 2 commenced 5 December 2017 (LA s 75 (1)) sch 1 pt 1.1 commenced 30 April 2018 (s 2) http://www.legislation.act.gov.au/a/2011-48 http://www.legislation.act.gov.au/a/2011-12 http://www.legislation.act.gov.au/a/2011-12 http://www.legislation.act.gov.au/cn/2012-4/default.asp http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2014-59#history http://www.legislation.act.gov.au/a/2015-9 http://www.legislation.act.gov.au/cn/2015-19/default.asp http://www.legislation.act.gov.au/a/2015-33/default.asp http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/cn/2016-11/default.asp http://www.legislation.act.gov.au/a/2017-44%20/default.asp Endnotes Legislation history 3 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 153 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.2 notified LR 30 August 2018 s 1, s 2 commenced 30 August 2018 (LA s 75 (1)) sch 3 pt 3.2 commenced 21 December 2018 (s 2 and CN2018-12) Consumer Protection Legislation Amendment Act 2019 A2019-2 sch 1 notified LR 26 February 2019 s 1, s 2 commenced 26 February 2019 (LA s 75 (1)) sch 1 commenced 26 August 2019 (s 2 (2) and LA s 79) Animal Welfare Legislation Amendment Act 2019 A2019-35 pt 2 notified LR 10 October 2019 s 1, s 2 commenced 10 October 2019 (LA s 75 (1)) s 25, s 32, s 50, s 51, s 53, s 54, s 56, s 85, s 86, s 106, s 113, s 117, s 119 commenced 10 April 2020 (s 2 (2)) pt 2 remainder commenced 17 October 2019 (s 2 (1)) http://www.legislation.act.gov.au/a/2018-32/#history https://www.legislation.act.gov.au/cn/2018-12/ http://www.legislation.act.gov.au/a/2019-2/default.asp http://www.legislation.act.gov.au/a/2019-35/default.asp Endnotes 4 Amendment history page 154 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2000-72 amdt 1.1 Dictionary s 2 sub A2000-72 amdt 1.1 am A2014-59 amdt 2.1 Notes s 3 sub A2000-72 amdt 1.1 Offences against Act—application of Criminal Code etc s 3A renum as s 4 Offences against Act—application of Criminal Code etc s 4 orig s 4 am A1994-60 sch 1; A1994-97 sch; A1994-110 sch 2 pt 2; A2000-72 s 4 defs reloc to dict A2000-72 amdt 1.2 om A2000-72 amdt 1.2 prev s 4 sub as s 5 pres s 4 (prev s 3A) ins A2005-54 amdt 1.9 renum as s 4 A2007-7 s 5 Objects of Act s 4A ins A2015-9 s 4 sub A2019-35 s 4 Animal Welfare Authority s 5 orig s 5 om A1993-44 sch 2 prev s 5 ins A1994-97 sch om A2000-72 amdt 1.3 pres s 5 (prev s 4) ins A2000-72 amdt 1.3 sub as s 5 A2007-7 s 5 (2)-(4) exp 27 March 2008 (s 5 (4) (LA s 88 declaration applies)) am A2011-22 amdt 1.38 Delegation by authority s 6 sub A1994-97 sch; A2007-7 s 6; A2019-35 s 5 Animal welfare offences pt 2 hdg sub A2005-54 amdt 1.11 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2014-59 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/1994-60 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2015-9 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1993-44 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2005-54 Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 155 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Definitions—pt 2 s 6A ins A1994-97 sch am A1998-54 sch; A2000-72 amdt 1.4 sub A2005-54 amdt 1.10 (6)-(8) exp 24 November 2005 (s 6A (8)) om A2007-39 amdt 3.7 ins A2016-19 s 4 sub A2019-35 s 6 def confine ins A2019-35 s 6 def cruelty ins A2019-35 s 6 def poison ins A2019-35 s 6 Failure to provide appropriate care s 6B ins A2016-19 s 4 sub A2019-35 s 6 Failure to provide animal with water or shelter s 6C ins A2019-35 s 6 Failure to provide animal with hygienic environment s 6D ins A2019-35 s 6 Failure to properly groom and maintain animal s 6E ins A2019-35 s 6 Failure to exercise dog s 6F ins A2019-35 s 6 Abandoning an animal s 6G ins A2019-35 s 6 Cruelty s 7 am A1998-54 sch; A2000-72 amdt 1.45 sub A2005-54 amdt 1.11 am A2019-35 s 7 Aggravated cruelty s 7A ins A2006-17 s 4 am A2019-35 s 8, s 9 Alternative verdicts—cruelty s 7B ins A2006-17 s 4 Hitting or kicking animal s 8 am A1998-54 sch; A2000-72 amdt 1.5, amdt 1.6 sub A2005-54 amdt 1.11 om A2016-19 s 5 ins A2019-35 s 10 Unlawful confinement of animal s 9 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.47 sub A2005-54 amdt 1.11; A2019-35 s 11 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2006-17 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2006-17 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ Endnotes 4 Amendment history page 156 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Keeping laying fowls for commercial egg production—appropriate accommodation s 9A ins A1997-45 s 4 (as am A2005-54 amdt 1.30) (A1997-45 rep before commenced by A2014-3 s 4); A2014-3 s 5 am A2019-2 amdt 1.1 Keeping pigs—appropriate accommodation s 9B ins A2014-3 s 6 am A2018-32 amdt 3.3 Removing or trimming beak of fowl s 9C ins A2014-3 s 7 am A2018-32 amdt 3.3 Assisting injured animal s 10 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.47 sub A2005-54 amdt 1.11; A2019-35 s 12 Unlawful release of animal s 11 am A1998-54 sch; A2000-72 amdt 1.45 sub A2005-54 amdt 1.11; A2019-35 s 12 Administering poison s 12 am A1994-110 sch 2 pt 2; A1998-54 sch sub A2000-72 s 5; A2005-54 amdt 1.11 Laying poison s 12A ins A2000-72 s 5 sub A2005-54 amdt 1.11 am A2019-35 s 13 Electrical devices s 13 am A1998-54 sch; A2000-72 amdt 1.45 sub A2005-54 amdt 1.11 am A2019-35 s 14 Use or possession of prohibited item s 14 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.48 sub A2005-54 amdt 1.11; A2016-19 s 6 am A2019-35 ss 15-17; ss renum R30 LA Transport of animals—generally s 15 am A1998-54 sch; A2000-72 amdt 1.7, amdt 1.45 sub A2005-54 amdt 1.11 am A2007-7 s 7 sub A2019-35 s 18 Transport of dogs s 15A ins A2000-72 s 6 sub A2005-54 amdt 1.11 am A2019-35 s 19, s 20; ss renum R30 LA http://www.legislation.act.gov.au/a/1997-45 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1997-45 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2014-3 https://www.legislation.act.gov.au/a/2019-2/ http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 157 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Intensive breeding of cats or dogs s 15B ins A2015-9 s 5 am A2017-44 amdt 1.1; A2018-32 amdt 3.3; A2019-35 s 21 Using unfit animal s 16 am A1998-54 sch; A2000-72 amdt 1.45 sub A2005-54 amdt 1.11; A2019-35 s 22 Violent animal activities s 17 am A1994-110 sch 2 pt 2; A1998-54 sch; A2000-72 amdt 1.45; A2005-19 amdt 1.1 sub A2005-54 amdt 1.11; A2007-7 s 8; A2019-35 s 22 Rodeos and game parks s 18 am A1998-54 sch; A2000-72 amdt 1.45 sub A2005-54 amdt 1.11 am A2019-35 s 23 Greyhound racing s 18A ins A2017-44 amdt 1.2 Medical and surgical procedures—people other than veterinary practitioners s 19 hdg sub A2000-72 s 7 am A2018-32 amdt 3.4 s 19 am A1994-110 sch 2 pt 2; A1998-54 sch; A2000-72 s 7 sub A2005-54 amdt 1.11; A2007-7 s 9 am A2018-32 amdt 3.3 Medical and surgical procedures—veterinary practitioners s 19A hdg am A2018-32 amdt 3.4 s 19A ins A2000-72 s 8 sub A2005-54 amdt 1.11; A2007-7 s 9 am A2018-32 amdt 3.3 Exception—conduct in accordance with approved code of practice or mandatory code of practice s 20 am A1997-45 s 5, s 5A (as am A2005-54 amdt 1.31) (A1997-45 rep before commenced by A2014-3 s 4); A2000-72 s 9 sub A2005-54 amdt 1.11 am A2007-7 s 20 sub A2010-14 s 4 am A2014-3 ss 8-10; pars renum R21 LA; A2016-19 s 7; A2018-32 amdt 3.4; A2019-35 s 24 Contents s 21 am A1994-110 sch 2 pt 2; A2015-9 s 6; pars renum R23 LA; A2019-35 s 21, s 25; pars renum R31 LA http://www.legislation.act.gov.au/a/2015-9 http://www.legislation.act.gov.au/a/2017-44/default.asp http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-19 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2017-44/default.asp http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/1997-45 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1997-45 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/2015-9 https://www.legislation.act.gov.au/a/2019-35/ Endnotes 4 Amendment history page 158 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Approved code of practice s 22 hdg sub A2010-14 s 5 s 22 sub A2001-44 amdt 1.175 Mandatory code of practice s 23 am A2000-72 amdt 1.8 om A2001-44 amdt 1.175 ins A2010-14 s 6 Publication s 24 am A2001-44 amdt 1.176; A2010-14 s 7; A2015-33 amdt 1.16 Reckless failure to comply with mandatory code of practice s 24A ins A2010-14 s 8 Failure to comply with mandatory code of practice s 24B ins A2010-14 s 8 am A2019-35 s 26; ss renum R30 LA Direction to comply with mandatory code s 24C ins A2010-14 s 8 am A2019-35 ss 27-30; pars renum R30 LA Failure to comply with direction to comply with mandatory code s 24D ins A2019-35 s 31 Pet businesses pt 3A hdg ins A2019-35 s 32 Preliminary div 3A.1 hdg ins A2019-35 s 32 Definitions—pt 3A s 24E ins A2019-35 s 32 def board ins A2019-35 s 32 def breeding licence ins A2019-35 s 32 def pet business ins A2019-35 s 32 def pet shop ins A2019-35 s 32 Pet business licensing div 3A.2 hdg ins A2019-35 s 32 Pet business licence application s 24F ins A2019-35 s 32 Issue of pet business licence s 24G ins A2019-35 s 32 Pet business licence term and form s 24H ins A2019-35 s 32 Conditions for pet business licence s 24I ins A2019-35 s 32 http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/2015-33 http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/2010-14 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2010-14 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 159 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Transfer application s 24J ins A2019-35 s 32 Transfer decision s 24K ins A2019-35 s 32 Renewal application s 24L ins A2019-35 s 32 Renewal decision s 24M ins A2019-35 s 32 Amendment of pet business licence s 24N ins A2019-35 s 32 Authority may request more information s 24O ins A2019-35 s 32 Pet business offences div 3A.3 hdg ins A2019-35 s 32 Pet shops—failure to keep records s 24P ins A2019-35 s 32 Pet shops—failure to share records s 24Q ins A2019-35 s 32 Operating pet business without pet business licence s 24R ins A2019-35 s 32 Breach of pet business licence s 24S ins A2019-35 s 32 Licences div 4.1 hdg (prev pt 4 div 1 hdg) renum R4 LA (see A2000-72 amdt 1.49) sub A2007-7 s 11 Research, teaching and breeding s 25 am A1998-54 sch sub A2000-72 s 10; A2005-54 amdt 1.12; A2007-7 s 11 am A2008-28 amdt 3.26 Application for licence s 26 am A2000-72 amdt 1.9; A2001-44 amdts 1.177-1.179 sub A2007-7 s 11 Decision about licence application s 27 sub A2007-7 s 11 am A2014-59 amdt 2.2 Licence conditions s 28 am A2000-72 amdt 1.10, 1.11; A2001-44 amdt 1.180 sub A2007-7 s 11 am A2019-35 s 33 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2014-59 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ Endnotes 4 Amendment history page 160 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Form of licence s 29 sub A2007-7 s 11 Term of licence s 30 sub A2007-7 s 11 Licensees—request for information and documents s 31 sub A2007-7 s 11 Licence renewal s 32 sub A2000-72 amdt 1.12 am A2001-44 amdt 1.181, amdt 1.182 sub A2007-7 s 11 Licensee to notify change of name or address s 33 sub A2007-7 s 11 Amendment of licence s 34 sub A2007-7 s 11 am A2008-37 amdt 1.24 Surrender of licences s 35 sub A2007-7 s 11 Authorisations div 4.2 hdg (prev pt 4 div 2 hdg) renum R4 LA (see A2000-72 amdt 1.49) sub A2007-7 s 11 Meaning of authorised staff member—div 4.2 s 35A ins A2019-35 s 34 Research and teaching using and breeding animals s 36 am A1998-54 sch; A2000-72 amdt 1.47 sub A2005-54 amdt 1.13; A2007-7 s 11 Application for authorisation s 37 am A1998-54 sch; A2000-72 s 11 sub A2005-54 amdt 1.14; A2007-7 s 11 am A2019-35 s 35, s 36; ss renum R30 LA Decision about authorisation application s 38 am A2000-72 amdt 1.13, 1.14; A2001-44 amdt 1.183 sub A2007-7 s 11 am A2014-59 amdt 2.3; A2019-35 s 37, s 38 Authorisation conditions s 39 sub A2007-7 s 11 am A2019-35 s 39 Form of authorisation s 40 am A2000-72 amdt 1.15 sub A2007-7 s 11 am A2019-35 s 40; pars renum R30 LA http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2014-59 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 161 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Term of authorisation s 41 sub A2007-7 s 11 Identity card for authorisation holders s 42 hdg am A2008-28 amdt 3.26 s 42 am A1998-54 sch; A2000-72 amdt 1.16, amdt 1.17; A2001-44 amdt 1.184 sub A2005-54 amdt 1.15; A2007-7 s 11 am A2008-28 amdt 3.17, amdt 3.18, amdt 3.26 sub A2019-35 s 41 Authorisation holders—request for information and documents s 43 hdg am A2008-28 amdt 3.26 s 43 sub A2007-7 s 11 am A2008-28 amdt 3.26 Authorisation renewal s 44 sub A2000-72 amdt 1.18 am A2001-44 amdt 1.185, amdt 1.186 sub A2007-7 s 11 am A2008-28 amdt 3.26 Authorisation holder to notify change of name or address s 45 hdg am A2008-28 amdt 3.26 s 45 sub A2007-7 s 11 am A2008-28 amdt 3.26 Amendment of authorisation s 46 sub A2007-7 s 11 am A2008-28 amdt 3.26; A2008-37 amdt 1.24 Cessation of effect of authorisation s 47 sub A2007-7 s 11 Surrender of authorisations s 48 sub A2007-7 s 11 am A2008-28 amdt 3.26 Return of cancelled and suspended authorisations s 49 am A1998-54 sch; A2000-72 amdt 1.48 sub A2005-54 amdt 1.16 om A2007-7 s 11 Interstate researchers div 4.3 hdg (prev pt 4 div 2A hdg) ins A2000-72 s 12 renum R4 LA (see A2000-72 amdt 1.49) Notification s 49A ins A2000-72 s 12 am A2001-44 amdt 1.187 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 Endnotes 4 Amendment history page 162 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Interstate researchers’ authorisation in the ACT s 49B ins A2000-72 s 12 am A2010-14 s 9; A2019-35 s 42 Animal ethics committees div 4.4 hdg (prev pt 4 div 3 hdg) renum R4 LA (see A2000-72 amdt 1.49) sub A2007-7 s 12 Animal ethics committees s 50 sub A2007-7 s 12 Circuses and travelling zoos pt 5 hdg sub A2007-7 s 13 Preliminary div 5.1 hdg ins A2007-7 s 13 Meaning of prohibited animal—pt 5 s 51 am A1998-54 sch; A2000-72 amdt 1.45 sub A2005-54 amdt 1.17; A2007-7 s 13 Offences div 5.2 hdg ins A2007-7 s 13 Circuses s 52 am A2000-72 amdt 1.19 sub A2007-7 s 13 Travelling zoos s 53 am A2000-72 amdt 1.20; A2001-44 amdts 1.188-1.190 sub A2007-7 s 13 Circus and travelling zoo permits div 5.3 hdg ins A2007-7 s 13 Application for circus or travelling zoo permit s 54 am A2000-72 amdt 1.21, 1.22; A2001-44 amdt 1.191 sub A2007-7 s 13 Decision about circus or travelling zoo permit application s 55 sub A2007-7 s 13 am A2014-59 amdt 2.4 Circus or travelling zoo permit conditions s 56 sub A2007-7 s 13 am A2019-35 s 43 Form of circus or travelling zoo permit s 57 sub A2007-7 s 13 Term of circus or travelling zoo permit s 58 sub A2007-7 s 13 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2010-14 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2014-59 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 163 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Circus or travelling zoo permit-holder to notify change of name or address s 59 am A1998-54 sch; A2000-72 amdt 1.48 sub A2005-54 amdt 1.18; A2007-7 s 13 Amendment of circus or travelling zoo permit s 59A ins A2007-7 s 13 am A2008-37 amdt 1.24 Trapping offences div 6.1 hdg (prev pt 6 div 1 hdg) renum R4 LA (see A2000-72 amdt 1.49) sub A2005-54 amdt 1.19 Steel-jawed traps and prohibited traps s 60 am A1998-54 sch; A2000-72 amdt 1.45, amdt 1.48 sub A2005-54 amdt 1.19 am A2019-35 ss 44-46; ss renum R30 LA Restricted traps s 61 am A1998-54 sch; A2000-72 amdt 1.46 sub A2005-54 amdt 1.19 om A2019-35 s 47 Trapping—general s 62 am A1998-54 sch; A2000-72 amdt 1.23, amdt 1.24 sub A2005-54 amdt 1.19 am A2007-7 s 14 sub A2019-35 s 48 Trapping permits div 6.2 hdg (prev pt 6 div 2 hdg) renum R4 LA (see A2000-72 amdt 1.49) sub A2007-7 s 15 Application for trapping permit s 63 om A2005-54 amdt 1.19 ins A2007-7 s 15 Decision about trapping permit application s 64 am A2000-72 amdt 1.25; A2001-44 amdts 1.192-1.194 sub A2007-7 s 15 Trapping permit conditions s 65 am A2000-72 amdt 1.26, 1.27; A2001-44 amdt 1.195 sub A2007-7 s 15 am A2019-35 s 49 Form of trapping permit s 66 sub A2007-7 s 15 Term of trapping permit s 67 sub A2007-7 s 15 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 Endnotes 4 Amendment history page 164 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Trapping permit-holders—request for information and documents s 68 sub A2007-7 s 15 Trapping permit renewal s 69 sub A2000-72 amdt 1.28 am A2001-44 amdt 1.196, amdt 1.197 sub A2007-7 s 15 Trapping permit-holder to notify change of name or address s 70 sub A2007-7 s 15 Amendment of trapping permit s 71 sub A2007-7 s 15 am A2008-37 amdt 1.24 Surrender of trapping permits s 72 sub A2007-7 s 15 Return of cancelled and suspended trapping permits s 73 am A1998-54 sch; A2000-72 amdt 1.48 sub A2005-54 amdt 1.20 om A2007-7 s 15 Regulatory action s 6A hdg ins A2007-7 s 16 Definitions—pt 6A s 73A ins A2007-7 s 16 def approval ins A2007-7 s 16 am A2019-35 s 50; pars renum R31 LA def approved person ins A2007-7 s 16 def regulatory body ins A2007-7 s 16 am A2008-28 amdt 3.26; A2019-35 s 51 Grounds for regulatory action s 73B ins A2007-7 s 16 am A2008-28 amdt 3.26; A2019-35 s 52; pars renum R30 LA; A2019-35 s 53, s 54; pars renum R31 LA Regulatory action s 73C ins A2007-7 s 16 Taking regulatory action s 73D ins A2007-7 s 16 am A2008-37 amdt 1.24 Immediate suspension s 73E ins A2007-7 s 16 Effect of suspension s 73F ins A2007-7 s 16 am A2008-28 amdt 3.26 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 165 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Return of amended, suspended or cancelled approvals s 73G ins A2007-7 s 16 am A2008-37 amdt 1.25; A2019-35 s 55 Action by regulatory body in relation to amended or suspended approval s 73H ins A2007-7 s 16 am A2019-35 s 56; pars renum R31 LA Preliminary div 7.1 hdg (prev pt 7 div 1 hdg) renum R4 LA (see A2000-72 amdt 1.49) Definitions—pt 7 s 74 am A1994-97 sch sub A2000-72 amdt 1.29 Protection from liability s 75 sub A2008-28 amdt 3.19 Public access s 75A ins A1997-45 s 6 am A2019-35 s 57 Inspectors and authorised officers div 7.2 hdg (prev pt 7 div 2 hdg) sub A1994-97 s 3 sch renum R4 LA (see A2000-72 amdt 1.49) Inspectors s 76 sub A1994-97 sch; A2000-72 amdt 1.30; A2007-7 s 17 (3)-(5) exp 27 March 2008 (s 76 (5) (LA s 88 declaration applies)) am A2011-22 amdt 1.38 Authorised officers s 77 sub A1994-97 sch; A2000-72 amdt 1.30; A2007-7 s 17 (3)-(5) exp 27 March 2008 (s 77 (5) (LA s 88 declaration applies)) am A2011-22 amdt 1.38; A2018-32 amdt 3.3 sub A2019-35 s 58 Identity cards s 78 sub A1994-97 sch am A1998-54 sch; A2000-72 amdt 1.31 sub A2005-54 amdt 1.21 (6)-(8) exp 24 November 2005 (s 78 (8)) am A2007-39 amdt 3.8; A2008-28 amdts 3.20-3.23; ss renum R15 LA; A2011-22 amdt 1.38; A2019-35 s 59 Identity cards s 79 om A1994-97 sch Powers of inspectors div 7.3 hdg (prev pt 7 div 3 hdg) renum R4 LA (see A2000-72 amdt 1.49) http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/1997-45 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2011-22 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 Endnotes 4 Amendment history page 166 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Definitions—div 7.3 s 80 hdg sub A2000-72 s 13 s 80 def business premises ins A2000-72 s 13 Powers of entry and search s 81 am A2000-72 s 14; A2018-32 amdt 3.3 Power to seize animals—inspectors s 81A ins A2019-35 s 60 Powers of inspectors s 82 hdg sub A2000-72 s 15 s 82 am A1998-54 sch; A2000-72 s 15; A2005-54 amdt 1.22; A2016-19 s 8, s 9; pars renum R26 LA; A2019-35 ss 61-65; pars renum R30 LA Direction to give personal details—inspector s 82A hdg sub A2019-35 s 66 s 82A ins A2016-19 s 10 am A2019-35 ss 67-69 Offence—fail to comply with inspector’s direction to give name and address s 82B ins A2016-19 s 10 Powers of authorised officers div 7.4 hdg (prev pt 7 div 4 hdg) renum R4 LA (see A2000-72 amdt 1.49) Research and educational institutions—powers of entry and search s 83 am A2000-72 s 16; A2019-35 s 70 Power to seize animals—authorised officers s 83A ins A2019-35 s 71 Powers of authorised officers s 84 am A1998-54 sch; A2000-72 s 17; A2005-54 amdt 1.23; A2016-19 s 11, s 12; pars renum R26 LA; A2019-35 ss 72-74; pars renum R30 LA Direction to give name and address—authorised officer s 84AA ins A2016-19 s 13 Offence—fail to comply with authorised officer’s direction to give name and address s 84AB ins A2016-19 s 13 Powers of veterinary practitioners div 7.5 hdg (prev pt 7 div 4A hdg) ins A2000-72 s 18 renum R4 LA (see A2000-72 amdt 1.49) am A2018-32 amdt 3.4 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2018-32/default.asp Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 167 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Powers of veterinary practitioners regarding seized animals and carcasses s 84A hdg am A2018-32 amdt 3.4 s 84A ins A2000-72 s 18 am A2018-32 amdt 3.3; A2019-35 s 75 Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners div 7.6 hdg (prev pt 7 div 5 hdg) renum R4 LA (see A2000-72 amdt 1.49) am A2018-32 amdt 3.4 Inspectors and authorised officers s 85 am A1998-54 sch; A2000-72 s 19; A2005-54 amdt 1.24; A2018-32 amdt 3.3; A2019-35 ss 76-80; ss renum R30 LA Veterinary practitioners s 86 hdg am A2018-32 amdt 3.4 s 86 am A2000-72 s 20; A2018-32 amdt 3.3 Dealing with seized animals div 7.6A hdg ins A2019-35 s 81 Animal welfare entities s 86A ins A2019-35 s 81 Accommodation of seized animals s 86B ins A2019-35 s 81 Selling or rehoming seized animals s 86C ins A2019-35 s 81 Destroying seized animals s 86D ins A2019-35 s 81 Temporary prohibition on animal ownership etc s 86E ins A2019-35 s 81 Consent to entry, reports and search warrants div 7.7 hdg (prev pt 7 div 6 hdg) renum R4 LA (see A2000-72 amdt 1.49) Consent to entry s 88 am A2019-35 s 82, s 83 Reports s 89 am A2000-72 s 21 Offences in relation to veterinary practitioners div 7.8 hdg (prev pt 7 div 7 hdg) renum R4 LA (see A2000-72 amdt 1.49) sub A2005-54 amdt 1.25 am A2018-32 amdt 3.4 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2018-32/default.asp Endnotes 4 Amendment history page 168 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Obstructing etc veterinary practitioner s 91 hdg am A2018-32 amdt 3.3 s 91 am A1998-54 sch; A2000-72 amdt 1.32; A2004-15 amdt 2.12 sub A2005-54 amdt 1.25 am A2018-32 amdt 3.2, amdt 3.3 False information s 92 am A1998-54 sch; A2000-72 amdt 1.46 om A2005-54 amdt 1.25 Compensation for animal injury and death div 7.9 hdg (prev pt 7 div 8 hdg) renum R4 LA (see A2000-72 amdt 1.49) Definitions—div 7.9 s 93 sub A2000-72 s 22 def officer am A2019-35 s 84 Right to compensation s 94 am A2007-7 s 18 Compensation claims s 95 am A2000-72 amdt 1.33; A2001-44 amdt 1.198, amdt 1.199 Evidence div 7.10 hdg (prev p 7 div 9 hdg) renum R4 LA (see A2000-72 amdt 1.49) Certificate evidence s 98 am A2007-7 ss 19-21; A2007-39 amdt 3.9, amdt 3.10; A2011-48 amdt 1.3; A2019-35 s 85, s 86 Acts and omissions of representatives s 99 sub A2004-15 amdt 1.1 Court orders and corporate penalties div 7.11 hdg (prev pt 7 div 10 hdg) renum R4 LA (see A2000-72 amdt 1.49) Animal offences—court orders (interim) s 100A ins A2016-19 s 14 am A2019-35 ss 87-93; ss renum R30 LA Animal offences—court orders (general) s 101 am A1998-54 sch; A2000-72 amdt 1.34, amdt 1.46; A2005-54 amdt 1.26; A2016-19 s 15, s 16; A2019-35 ss 94-99; ss renum R30 LA Animal offences—permanent prohibition on animal ownership etc s 101A ins A2019-35 s 100 Animal offences—setting aside permanent prohibition order s 101B ins A2019-35 s 100 Prohibition order in special circumstances s 101C ins A2019-35 s 100 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2011-48 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2004-15 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2016-19 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 169 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Animal offences—court orders (costs and proceeds of disposal) s 102 am A2000-72 amdt 1.35 Prohibited item and trap offences—court orders (general) s 103 hdg sub A2016-19 s 17 s 103 am A1998-54 sch; A2000-72 amdt 1.36, amdt 1.46; A2005-54 amdt 1.27; A2007-7 s 22; A2016-19 ss 18-21 Prohibited item and trap offences—court orders (costs and proceeds of disposal) s 104 hdg sub A2016-19 s 22 s 104 am A2000-72 amdt 1.37; A2016-19 s 23 Court orders—offences involving violence s 104A ins A2004-50 s 4 Corporations—penalties s 106 om A1998-54 sch Notification and review of decisions pt 8 hdg sub A2007-7 s 23; A2008-37 amdt 1.26 Meaning of reviewable decision—pt 8 s 107 am A1994-60 sch 1; A2000-72 s 23 sub A2007-7 s 23; A2008-37 amdt 1.26 Reviewable decision notices s 107A ins A2007-7 s 23 sub A2008-37 amdt 1.26 Applications for review s 108 am A1994-60 sch 1 sub A2007-7 s 23; A2008-37 amdt 1.26 Establishment and functions s 109 am A2007-7 s 24, s 25; A2010-14 s 10; A2019-35 s 101, s 102; pars renum R30 LA Rescuing animal at risk in locked vehicle s 109A ins A2019-35 s 103 Determination of fees s 110 sub A2000-72 amdt 1.38; A2001-44 amdt 1.200 Approved forms s 110A ins A2000-72 amdt 1.38 sub A2001-44 amdt 1.200 am A2007-7 s 26 Exemptions by regulations s 111 am A2001-44 amdt 1.201, amdt 1.202 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2004-50 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/1994-60 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/1994-60 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2010-14 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2001-44 Endnotes 4 Amendment history page 170 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Regulation-making power s 112 hdg sub A2000-72 amdt 1.39 s 112 am A1998-54 sch; A2000-72 amdts 1.39-1.41; A2001-44 amdts 1.203-1.205; A2007-7 s 27; A2010-14 s 11; A2019-35 s 104 Transitional pt 11 hdg om A2000-72 amdt 1.42 ins A2007-7 s 28 exp 27 March 2009 (s 119) Review of amendments made by Animal Welfare Legislation Amendment Act 2019 s 113 om A2000-72 amdt 1.42 ins A2007-7 s 28 exp 27 March 2009 (s 119) def amended Act ins A2007-7 s 28 exp 27 March 2009 (s 119) def commencement day ins A2007-7 s 28 exp 27 March 2009 (s 119) def unamended Act ins A2007-7 s 28 exp 27 March 2009 (s 119) ins A2019-35 s 105 exp 17 October 2025 (s 113 (3)) Existing licences s 114 om A2000-72 amdt 1.42 ins A2007-7 s 28 exp 27 March 2009 (s 119 (LA s 88 declaration applies)) Existing authorisations s 115 ins A2007-7 s 28 exp 27 March 2009 (s 119 (LA s 88 declaration applies)) Existing permit s 116 ins A2007-7 s 28 exp 27 March 2009 (s 119 (LA s 88 declaration applies)) Action under unamended Act s 117 ins A2007-7 s 28 exp 27 March 2009 (s 119) Transitional regulations s 118 ins A2007-7 s 28 exp 27 March 2009 (s 119) Expiry—pt 11 s 119 ins A2007-7 s 28 exp 27 March 2009 (s 119) http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/1998-54 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2010-14 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 171 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Transitional—Animal Welfare (Factory Farming) Amendment Act 2014 pt 12 hdg ins A2014-3 s 11 exp 16 May 2016 (s 121) Existing commercial egg producer s 120 ins A2014-3 s 11 exp 16 May 2016 (s 121) Expiry—pt 12 s 121 ins A2014-3 s 11 exp 16 May 2016 (s 121) Schedule sch om A2000-72 amdt 1.43 Reviewable decisions sch 1 ins A2007-7 s 29 sub A2008-37 amdt 1.27 am A2019-35 s 107; items renum R30 LA; A2019-35 s 106; items renum R31 LA Dictionary dict ins A2000-72 amdt 1.44 defs reloc from s 4 A2000-72 amdt 1.2 am A2001-44 amdt 1.207, amdt 1.208 sub A2007-7 s 30 am A2008-37 amdt 1.28, amdt 1.29; A2011-22 amdt 1.39; A2018-32 amdt 3.3; A2019-35 s 108 def animal sub A2000-72 s 4; A2007-7 s 30 def animal ethics committee ins A2007-7 s 30 am A2008-28 amdt 3.26 def animal welfare sub A2007-7 s 30 om A2019-35 s 109 def animal welfare entity ins A2019-35 s 110 def approval ins A2007-7 s 30 def approved code of practice sub A2007-7 s 30 def approved person ins A2007-7 s 30 def authorisation sub A2007-7 s 30 def authorisation holder ins A2008-28 amdt 3.24 sub A2019-35 s 111 def authorised officer am A1994-97 sch sub A2007-7 s 30 def authorised person sub A2007-7 s 30 om A2008-28 amdt 3.25 def authorised staff member ins A2019-35 s 112 def authority am A1994-97 sch; A2000-72 s 4 sub A2007-7 s 30 def board ins A2019-35 s 113 def breeding licence ins A2019-35 s 113 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2011-22 http://www.legislation.act.gov.au/a/2018-32/default.asp https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-28 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ Endnotes 4 Amendment history page 172 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def business premises ins A2007-7 s 30 def circus permit sub A2007-7 s 30 def circus permit-holder ins A2007-7 s 30 sub A2019-35 s 114 def commercial trapping permit sub A2007-7 s 30 om A2019-35 s 115 def confine sub A2007-7 s 30; A2019-35 s 116 def connected ins A2007-7 s 30 def cruelty ins A2016-19 s 24 def defined offence sub A2000-72 s 4; A2007-7 s 30 def director sub A2000-72 s 4; A2007-7 s 30 def domestic sub A2007-7 s 30 def engage in conduct ins A2005-54 amdt 1.28 sub A2007-7 s 30 def ethics committee am A2001-56 amdt 3.4 om A2007-7 s 30 def executive officer ins A2007-7 s 30 def feral animal am A1994-110 sch 2 sub A2007-7 s 30 def identity card sub A2007-7 s 30; A2007-39 amdt 3.11 def injury sub A2007-7 s 30 def inspector am A1994-97 sch sub A2007-7 s 30 def interstate research authorisation ins A2000-72 s 4 sub A2007-7 s 30 def interstate researcher ins A2000-72 s 4 sub A2007-7 s 30 def licence sub A2007-7 s 30 def licensed pet business ins A2019-35 s 117 def licensed premises sub A2007-7 s 30 def licensee ins A2000-72 s 4 sub A2007-7 s 30; A2019-35 s 118 def mandatory code of practice ins A2010-14 s 12 def native animal ins A1994-110 sch 2 sub A2000-72 s 4; A2007-7 s 30; A2014-59 amdt 2.5 def occupier ins A2007-7 s 30 def offence om A2000-72 s 4 ins A2007-7 s 30 def officer ins A2007-7 s 30 def owner ins A2007-7 s 30 def pain sub A2007-7 s 30 def person in charge sub A2007-7 s 30 def pest am A1994-110 sch 2 sub A2007-7 s 30 def pet business ins A2019-35 s 119 def pet business licence ins A2019-35 s 119 def pet shop ins A2019-35 s 119 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2001-56 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-39 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1994-97 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2010-14 http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2014-59 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1994-110 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ Endnotes Amendment history 4 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 173 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au def poison ins A2000-72 s 4 sub A2007-7 s 30; A2019-35 s 120 def premises sub A2007-7 s 30 def private trapping permit sub A2007-7 s 30 om A2019-35 s 121 def prohibited animal ins A2007-7 s 30 def prohibited circus animal om A2007-7 s 30 def prohibited item ins A2016-19 s 24 def prohibited trap om A2005-54 amdt 1.29 def regulatory body ins A2007-7 s 30 def repealed Act om A2000-72 s 4 def research authorisation sub A2007-7 s 30 def restricted trap om A2005-54 amdt 1.29 def reviewable decision ins A2007-7 s 30 sub A2008-37 amdt 1.30 def steel-jawed trap sub A2007-7 s 30 om A2019-35 s 121 def teaching authorisation sub A2007-7 s 30 def this Act om A2001-44 amdt 1.206 def trapping permit sub A2007-7 s 30; A2019-35 s 122 def trapping permit-holder ins A2007-7 s 30 sub A2019-35 s 122 def travelling zoo ins A2007-7 s 30 def travelling zoo permit ins A2007-7 s 30 def travelling zoo permit-holder ins A2007-7 s 30 sub A2019-35 s 122 def Tribunal om A1994-6 sch 1 def vary om A2007-7 s 30 def vehicle sub A2007-7 s 30 def Veterinary Surgeon om A2000-72 s 4 def veterinary treatment sub A2007-7 s 30 am A2018-32 amdt 3.3 def welfare sub A2007-7 s 30 def wildlife om A1994-110 sch 2 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2016-19 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2008-37 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2001-44 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/1994-6 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2000-72 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2018-32/default.asp http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/1994-110 Endnotes 5 Earlier republications page 174 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 (RI) 21 Jan 2020 27 Aug 1993– 13 Nov 1994 A1993-44 amendments by A1993-44 Reissued electronic republication of printed version R1A 21 Jan 2020 14 Nov 1994– 14 Dec 1994 A1994-60 amendments by A1994-60 R1B 21 Jan 2020 15 Dec 1994– 7 Feb 1995 A1994-97 amendments by A1994-97 R2 (RI) 21 Jan 2020 8 Feb 1995– 18 Dec 1997 A1994-110 amendments by A1994-110 Reissued electronic republication of printed version R3 (RI) 21 Jan 2020 31 Jan 1999– 20 Dec 2000 A1998-54 amendments by A1997-45 and A1998-54 Reissued electronic republication of printed version R4 12 Sept 2001 12 Sept 2001– 8 Apr 2004 A2001-56 amendments by A2000-72, A2001-44 and A2001-56 R5 9 Apr 2004 9 Apr 2004– 16 Aug 2004 A2004-15 amendments by A2004-15 http://www.legislation.act.gov.au/a/1993-44 http://www.legislation.act.gov.au/a/1993-44 https://www.legislation.act.gov.au/a/1994-60/ https://www.legislation.act.gov.au/a/1994-60/ https://www.legislation.act.gov.au/a/1994-97/ https://www.legislation.act.gov.au/a/1994-97/ https://www.legislation.act.gov.au/a/1994-110/ https://www.legislation.act.gov.au/a/1994-110/ https://www.legislation.act.gov.au/a/1998-54/ https://www.legislation.act.gov.au/a/1997-45/ https://www.legislation.act.gov.au/a/1998-54/ https://www.legislation.act.gov.au/a/2001-56/ https://www.legislation.act.gov.au/a/2000-72/ https://www.legislation.act.gov.au/a/2001-44/ https://www.legislation.act.gov.au/a/2001-56/ https://www.legislation.act.gov.au/a/2004-15/ https://www.legislation.act.gov.au/a/2004-15/ Endnotes Earlier republications 5 R31 10/04/20 Animal Welfare Act 1992 Effective: 10/04/20 page 175 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R6 17 Aug 2004 17 Aug 2004– 25 Aug 2005 A2004-50 amendments by A2004-50 R7 26 Aug 2005 26 Aug 2005– 23 Nov 2005 A2005-19 amendments by A2005-19 R8 24 Nov 2005 24 Nov 2005– 24 Nov 2005 A2005-54 amendments by A2005-54 R9 25 Nov 2005 25 Nov 2005– 10 May 2006 A2005-54 commenced expiry R10 11 May 2006 11 May 2006– 26 Mar 2007 A2006-17 amendments by A2006-17 R11 27 Mar 2007 27 Mar 2007– 25 Sept 2007 A2007-7 amendments by A2007-7 R12 26 Sept 2007 26 Sept 2007– 26 Dec 2007 A2007-7 amendments by A2007-7 R13 27 Dec 2007 27 Dec 2007– 27 Mar 2008 A2007-39 amendments by A2007-39 R14 28 Mar 2008 28 Mar 2008– 25 Aug 2008 A2007-39 commenced expiry R15 26 Aug 2008 26 Aug 2008– 1 Feb 2009 A2008-28 amendments by A2008-28 R16 2 Feb 2009 2 Feb 2009– 27 Mar 2009 A2008-37 amendments by A2008-37 R17 28 Mar 2009 28 Mar 2009– 30 Sept 2010 A2008-37 commenced expiry R18 1 Oct 2010 1 Oct 2010– 30 June 2011 A2010-14 amendments by A2010-14 R19 1 July 2011 1 July 2011– 29 Feb 2012 A2011-22 amendments by A2011-22 R20 1 Mar 2012 1 Mar 2012– 6 Mar 2014 A2011-48 amendments by A2011-48 R21* 7 Mar 2014 7 Mar 2014– 10 June 2015 A2014-3 amendments by A2014-3 https://www.legislation.act.gov.au/a/2004-50/ https://www.legislation.act.gov.au/a/2004-50/ https://www.legislation.act.gov.au/a/2005-19/ https://www.legislation.act.gov.au/a/2005-19/ https://www.legislation.act.gov.au/a/2005-54/ https://www.legislation.act.gov.au/a/2005-54/ https://www.legislation.act.gov.au/a/2005-54/ https://www.legislation.act.gov.au/a/2006-17/ https://www.legislation.act.gov.au/a/2006-17/ https://www.legislation.act.gov.au/a/2007-7/ https://www.legislation.act.gov.au/a/2007-7/ https://www.legislation.act.gov.au/a/2007-7/ https://www.legislation.act.gov.au/a/2007-7/ https://www.legislation.act.gov.au/a/2007-39/ https://www.legislation.act.gov.au/a/2007-39/ https://www.legislation.act.gov.au/a/2007-39/ https://www.legislation.act.gov.au/a/2008-28/ https://www.legislation.act.gov.au/a/2008-28/ https://www.legislation.act.gov.au/a/2008-37/ https://www.legislation.act.gov.au/a/2008-37/ https://www.legislation.act.gov.au/a/2008-37/ https://www.legislation.act.gov.au/a/2010-14/ https://www.legislation.act.gov.au/a/2010-14/ https://www.legislation.act.gov.au/a/2011-22/ https://www.legislation.act.gov.au/a/2011-22/ https://www.legislation.act.gov.au/a/2011-48/ https://www.legislation.act.gov.au/a/2011-48/ https://www.legislation.act.gov.au/a/2014-3/ https://www.legislation.act.gov.au/a/2014-3/ Endnotes 6 Expired transitional or validating provisions page 176 Animal Welfare Act 1992 Effective: 10/04/20 R31 10/04/20 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Republication No and date Effective Last amendment made by Republication for R22 11 June 2015 11 June 2015– 14 Sept 2015 A2014-59 amendments by A2014-59 R23 15 Sept 2015 15 Sept 2015– 13 Oct 2015 A2015-9 amendments by A2015-9 R24 14 Oct 2015 14 Oct 2015– 16 May 2016 A2015-33 amendments by A2015-33 R25 17 May 2016 17 May 2016– 30 May 2016 A2015-33 expiry of transitional provisions (pt 12) R26 31 May 2016 31 May 2016– 29 Apr 2018 A2016-19 amendments by A2016-19 R27 30 April 2018 30 Apr 2018– 20 Dec 2018 A2017-44 amendments by A2017-44 R28 21 Dec 2018 21 Dec 2018– 25 Aug 2019 A2018-32 amendments by A2018-32 R29 26 Aug 2019 26 Aug 2019– 16 Oct 2019 A2019-2 amendments by A2019-2 R30 17 Oct 2019 17 Oct 2019– 9 Apr 2020 A2019-35 amendments by A2019-35 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2020 https://www.legislation.act.gov.au/a/2014-59/ https://www.legislation.act.gov.au/a/2014-59/ https://www.legislation.act.gov.au/a/2015-9/ https://www.legislation.act.gov.au/a/2015-9/ https://www.legislation.act.gov.au/a/2015-33/ https://www.legislation.act.gov.au/a/2015-33/ https://www.legislation.act.gov.au/a/2015-33/ https://www.legislation.act.gov.au/a/2016-19/ https://www.legislation.act.gov.au/a/2016-19/ https://www.legislation.act.gov.au/a/2017-44/ https://www.legislation.act.gov.au/a/2017-44/ https://www.legislation.act.gov.au/a/2018-32/ https://www.legislation.act.gov.au/a/2018-32/ https://www.legislation.act.gov.au/a/2019-2/ https://www.legislation.act.gov.au/a/2019-2/ https://www.legislation.act.gov.au/a/2019-35/ https://www.legislation.act.gov.au/a/2019-35/ http://www.legislation.act.gov.au/a/2001-14/default.asp