ANIMAL CARE AND PROTECTION ACT 2001 - As at 13 February 2020 - Act 64 of 2001

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

• 1 Short title
• 2 Commencement

PART 2 - PURPOSES AND APPLICATION OF ACT

Division 1 - Purposes

• 3 Purposes of Act
• 4 How purposes are to be primarily achieved

Division 2 - Application

• 5 Act binds all persons
• 6 Application of Act to State for protected or wild animals
• 6A Relationship with Nature Conservation Act 1992
• 7 Relationship with certain other Acts
• 8 Relationship with native title
• 9 Act does not affect other rights or remedies

PART 3 - INTERPRETATION

Division 1 - Dictionary

• 10 Definitions

Division 2 - Key definitions

• 11 What is an animal
• 12 Meaning of a person in charge of an animal

CHAPTER 2 - CODES OF PRACTICE

• 13 Making codes of practice
• 14 Tabling and inspection of documents adopted in codes of practice
• 15 Regulation may require compliance with code of practice
• 16 Use of code of practice in proceeding

CHAPTER 3 - GENERAL ANIMAL OFFENCES

PART 1 - BREACH OF DUTY OF CARE

• 17 Breach of duty of care prohibited

PART 2 - CRUELTY OFFENCES

• 18 Animal cruelty prohibited
• 19 Unreasonable abandonment or release

PART 3 - PROHIBITED EVENTS

Division 1 - Preliminary

• 20 Meaning of prohibited event

Division 2 - Prohibitions

• 21 Participation in prohibited event
• 22 Presence at prohibited event

PART 4 - REGULATED SURGICAL PROCEDURES

Division 1 - Regulated procedures for dogs

• 23 Cropping dog’s ear
• 24 Docking dog’s tail
• 25 Debarking operations

Division 2 - Regulated procedures for other animals

• 26 Removal of cat’s claw
• 27 Docking tail of cattle or horse

Division 3 - Restriction on supplying animals that have undergone a regulated surgical procedure

• 28 Restriction on supplying debarked dog
• 29 Other restrictions

PART 5 - OTHER PROHIBITED AND REGULATED CONDUCT

Division 1 - Other offences relating to dogs

• 30 Causing captive animal to be injured or killed by dog
• 31 Releasing animal for injury or killing by dog
• 32 Keeping or using kill or lure for blooding or coursing
• 33 Obligation to exercise closely confined dogs

Division 2 - Possession or use of certain traps or spurs

• 34 Possession of prohibited trap or spur unlawful
• 35 Use of prohibited trap or spur unlawful

Division 3 - Baits or harmful substances

• 36 Prohibitions

Division 4 - Allowing animal to injure or kill another animal

• 37 Unlawfully allowing an animal to injure or kill another animal

PART 6 - EXEMPTIONS

Division 1 - Preliminary

• 38 Operation of pt 6

Division 2 - Compliance with relevant code

• 39 Offences excluded from div 2
• 40 Compliance with relevant code of practice or scientific use code

Division 3 - Other offence exemptions

• 41 Limits on application of offence exemptions under div 3
• 41A Killing an animal under Aboriginal tradition, Island custom or native title
• 42 Feral or pest animals
• 43 Animals used to feed another animal
• 44 Fishing using certain live bait
• 45 Slaughter under religious faith
• 46 Use of fishing apparatus under shark fishing contract
• 47 Supplying animal

CHAPTER 4 - USING ANIMALS FOR SCIENTIFIC PURPOSES

PART 1 - PRELIMINARY

• 48 When an animal is used for scientific purposes
• 49 What is the scientific use code
• 50 Definitions for ch 4

PART 2 - REGISTRATION OF SCIENTIFIC USERS

Division 1 - Who must obtain registration

• 51 Requirement for registration

Division 2 - Obtaining registration

• 52 Applying for registration
• 53 Chief executive may seek further documents or information
Subdivision 2 - Deciding registration application
• 54 Deciding application
• 55 Criteria for decision
• 56 Registration conditions
Subdivision 3 - Action after decision on registration application
• 57 Grant of registration application
• 58 Term of registration
• 59 Notice of refusal of registration application

Division 3 - Register of scientific users

• 60 Register
• 61 Registration details
• 62 Inspection of register
• 63 False representations about registration
Subdivision 2 - Exemption from disclosure of registration details
• 64 Who may apply
• 65 Requirements for application
• 66 Deciding application
• 67 Criteria for decision
• 68 Exemption may be limited
• 69 Notice of refusal of disclosure exemption application
• 70 Effects of disclosure exemption

Division 4 - Amendment, cancellation or suspension

• 71 Amendments for which proposed action notice not required
• 72 Amendments for which proposed action notice is required
Subdivision 2 - Cancellation or suspension of registration
• 73 Conditions for cancellation or suspension
Subdivision 3 - Procedure for amendment, cancellation or suspension
• 74 Application of sdiv 3
• 75 Notice of proposed action
• 76 Considering representations
• 77 Decision on proposed action
• 78 Notice and taking of effect of proposed action decision
Subdivision 4 - Steps after amendment or suspension
• 79 Replacement of registration certificate
• 80 Requirement to record suspension

Division 5 - Investigation of applicants and registered persons

• 81 Application of div 5
• 82 Animal welfare offence reports
• 83 Use of information in animal welfare offence report
• 84 Notice of use of information in animal welfare offence report
• 85 Confidentiality of animal welfare offence reports
• 86 Destruction of animal welfare offence reports

Division 6 - Miscellaneous provisions

• 87 Reporting obligations of registered persons
• 88 Replacement registration certificates
• 89 No transfer of registration
• 90 Surrender of registration

PART 3 - RESTRICTIONS ON SCIENTIFIC USERS

• 91 Use for scientific purposes must comply with code
• 92 Use for certain scientific purposes unlawful
• 93 Obtaining approval to use for unlawful scientific purpose

CHAPTER 5 - CODE COMPLIANCE MONITORING

PART 1 - PRELIMINARY

• 94 Purposes of ch 5

PART 2 - MONITORING PROGRAMS

• 95 Chief executive may make monitoring program
• 96 Publication of draft monitoring program
• 97 Comments to be considered before final program made
• 98 Final monitoring program

PART 3 - AUTHORISED OFFICERS

Division 1 - Appointment

• 99 Appointment and qualifications
• 100 Functions
• 101 Appointment conditions and limit on powers
• 102 When authorised officer ceases to hold office
• 103 Resignation

Division 2 - Identity cards

• 104 Issue of identity card
• 105 Production or display of identity card
• 106 Return of identity card

PART 4 - POWERS OF AUTHORISED OFFICERS

Division 1 - General

• 107 General provisions about powers

Division 2 - Entry powers

• 108 Power of entry
• 109 Procedure for entry with consent
• 110 Procedure for other entries
Subdivision 2 - Entry to vehicles
• 111 Power of entry
• 112 Procedure for entry without consent if person in control or occupier present

Division 3 - Other powers

• 113 Certain inspectors’ powers apply for entry

CHAPTER 6 - INVESTIGATION AND ENFORCEMENT

PART 1 - INSPECTORS

Division 1 - Appointment

• 114 Appointment and qualifications
• 115 Functions
• 116 Appointment conditions and limit on powers
• 117 When inspector ceases to hold office
• 118 Resignation

Division 2 - Identity cards

• 119 Issue of identity card
• 120 Production or display of identity card
• 121 Return of identity card

PART 2 - POWERS OF INSPECTORS

Division 1 - Entry to places other than vehicles

• 122 Power of entry
• 123 Limited entry power to provide relief to animal
Subdivision 2 - Procedure for entry without warrant
• 124 Procedure for entry with consent
• 125 Procedure for other entries without warrant
Subdivision 3 - Warrants
• 126 Application for warrant
• 127 Issue of warrant
• 128 Special warrants
• 129 Warrants—procedure for entry

Division 2 - Entry to vehicles

• 130 Power of entry
• 131 Procedure for entry without consent if person in control or occupier present
Subdivision 2 - Powers to support entry
• 132 Power to stop vehicle that may be entered
• 133 Failure to comply with stop signal
• 134 Power to require help to enter from person in control
• 135 Failure to comply with entry requirement

Division 3 - Powers for entry to all places

• 136 Application of div 3
• 137 General powers
• 138 Power to require reasonable help
• 139 Failure to comply with help requirement
• 140 Power to require person in control of vehicle to take action
• 141 Failure to comply with action requirement

Division 4 - Seizure and forfeiture

• 142 General power to seize evidence
• 143 Seizing evidence under warrant
• 144 Seizure for welfare of animal
• 145 Seizure of property subject to security
Subdivision 2 - Powers to support seizure
• 146 Direction to person in charge
• 147 Failure to comply with seizure direction
• 148 Powers for seized things
• 149 Offence to tamper with seized thing
Subdivision 3 - Safeguards for seized property
• 150 Information notice and receipt for seized property
• 151 Access to seized property
• 152 Return of seized animal
• 153 Return of other seized property
Subdivision 4 - Forfeiture
• 154 Power to forfeit
• 155 Information notice about forfeiture
Subdivision 5 - Dealing with property forfeited or transferred to State or prescribed entity
• 156 When transfer takes effect
• 157 How property may be dealt with

Division 5 - Animal welfare directions

• 158 Application of div 5
• 159 Power to give animal welfare direction
• 160 Requirements for giving animal welfare direction
• 161 Failure to comply with animal welfare direction

Division 6 - Inspector’s power to destroy animals

• 162 Power of destruction

Division 7 - Other powers

• 163 Power to require name and address
• 164 Failure to comply with personal details requirement
• 165 Power to require information
• 166 Failure to comply with information requirement
• 167 False or misleading statements
• 168 Power to require production of documents
• 169 Failure to comply with document production requirement
• 170 False or misleading documents

PART 3 - NOTICE OF DAMAGE BECAUSE OF EXERCISE OF POWERS

• 171 Application of pt 3
• 172 Requirement to give notice
• 173 Content of notice

CHAPTER 7 - EVIDENCE AND LEGAL PROCEEDINGS

PART 1 - EVIDENCE

Division 1 - General evidentiary aids

• 174 Application of div 1
• 175 Appointments and authority
• 176 Signatures
• 177 Other evidentiary aids

Division 2 - Offence proceedings

• 178 Offences under Act are summary
• 179 Statement of complainant’s knowledge
• 180 False or misleading statements
• 181 Conduct of representatives
• 181A Interim prohibition order

PART 2 - ORDERS RELATING TO ANIMAL WELFARE OFFENCES

• 182 Disposal order
• 183 Prohibition order
• 184 Order against owner in certain cases
• 185 Criteria for making disposal or prohibition order
• 186 Procedure and powers for making disposal or prohibition order
• 187 Contravention of prohibition order unlawful
• 187A Amendment or revocation of interim prohibition order
• 188 Review of certain prohibition orders

PART 3 - REMEDIES

• 189 Recovery of seizure, compliance or destruction costs
• 190 Compensation because of animal welfare offence
• 191 Compensation because of exercise of powers
• 192 General provisions for orders under pt 3

PART 4 - REVIEWS AND APPEALS

Division 1 - Internal reviews

• 193 Internal review process
• 194 Who may apply for internal review
• 195 Requirements for making application
• 196 Stay of operation of original decision
• 197 Internal review
• 198 Notice of internal review decision

Division 1A - External reviews by QCAT

• 198A Who may apply for external review

Division 2 - Appeals

• 199 Who may appeal
• 200 Starting appeal
• 201 Stay of operation of internal review decision
• 202 Hearing procedures
• 203 Court’s powers on appeal—general
• 204 Particular powers about seizure or forfeiture
• 205 Appeal to District Court

CHAPTER 8 - GENERAL PROVISIONS

PART 1 - OTHER OFFENCES

• 206 Obstruction of authorised officer or inspector
• 207 Impersonation of authorised officer or inspector
• 208 False or misleading entry in document kept under Act
• 209 Liability of executive officer—particular offences committed by corporation
• 209A Executive officer may be taken to have committed offence
• 210 Attempts to commit offences

PART 2 - MISCELLANEOUS PROVISIONS

• 211 Minister may establish advisory bodies
• 212 Delegations
• 213 Electronic applications
• 214 Electronic notices about applications
• 214A Transferring ownership of animal in particular circumstances
• 215 Protection from liability
• 215A Protection from liability for giving information
• 215B Sharing of information by authorised officer or inspector
• 215C Interaction with other laws about giving information
215D . Chief executive (transport) must disclose information
• 215E Use of body-worn camera by authorised officer or inspector
• 216 Approved forms
• 217 Regulation-making power

CHAPTER 9 - TRANSITIONAL PROVISION FOR PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2006

• 218 Reporting obligation of registered person
219. (Repealed) 220. (Repealed) 221. (Repealed) 222. (Repealed) 223. (Repealed) 224. (Repealed)
• SCHEDULE - Dictionary