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Australia, Queensland

Animal Care and Protection Act 2001

Statute Details
Printable Version
Citation: Queensland Animal Care and Protection Act 2001



Last Checked by Web Center Staff: 08/2010

Summary:  

The Queensland Animal Care and Protection Act 2001 (the ACPA) is administered by Queensland Primary Industries and Fisheries (QPIF), part of the Department of Employment, Economic Development and Innovation. The Animal Welfare Unit is located in QPIF and operates the Animal Welfare Program. The ACPA promotes the responsible care and use of animals through a strong focus on education, underpinned by legislation. It places a legal 'duty of care ' on those in charge of animals to provide for those animals' needs in an appropriate way. The ACPA has a general offence of cruelty with a maximum penalty of $100,000 or two years imprisonment. There are a range of other offences including those relating to breach of duty of care, prohibited events, regulated surgical procedures, use of baits or harmful substances and non-compliance with compulsory codes. Complaints about alleged offences are investigated by specially trained QPIF or RSPCA animal welfare inspectors, or by the police.



Statute in Full:

ANIMAL CARE AND PROTECTION ACT 2001 Reprinted as in force on 1 December 2009
Reprint No. 3A

 
TABLE OF PROVISIONS


Contents


     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
     7.      Relationship with certain other Acts
     8.      Aboriginal tradition and Island custom
     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
     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


     Subdivision 1--Registration applications

     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


     Subdivision 1--The register

     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


     Subdivision 1--Amendment of registration details

     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


     Subdivision 1--Entry to places other than vehicles

     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


     Subdivision 1--Entry powers

     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


     Subdivision 1--Power to enter 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


     Subdivision 1--Powers of seizure

     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

     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
     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.    Executive officers must ensure corporation complies with Act
     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
     216.    Approved forms
     217.    Regulation-making power

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

     218.    Reporting obligation of registered person

     SCHEDULE DICTIONARY


     Endnotes
 
- LONG TITLE
An Act to promote the responsible care and use of animals and to protect
animals from cruelty, and for other purposes
 
1 Short title
This Act may be cited as the Animal Care and Protection Act 2001.
 
2 Commencement
This Act commences on a day to be fixed by proclamation.
 
3 Purposes of Act
The purposes of this Act are to do the following--
     (a) promote the responsible care and use of animals;
     (b) provide standards for the care and use of animals that--
          (i) achieve a reasonable balance between the welfare of
          animals and the interests of persons whose livelihood is
          dependent on animals; and
          (ii) allow for the effect of advancements in scientific
          knowledge about animal biology and changes in community
          expectations about practices involving animals;
     (c) protect animals from unjustifiable, unnecessary or unreasonable
     pain;
     (d) ensure the use of animals for scientific purposes is accountable,
     open and responsible.
 
4 How purposes are to be primarily achieved
The purposes are to be primarily achieved by the following--
     (a) providing for regulations about codes of practice for animal
     welfare;
     (b) allowing regulations to require compliance with codes of
     practice;
     (c) imposing a duty of care on persons in charge of animals;
     (d) prohibiting certain conduct in relation to animals;
     (e) requiring a person using an animal for scientific purposes to
     comply with the scientific use code;
     (f) providing for the registration of certain users of animals for
     scientific purposes;
     (g) providing for the appointment of authorised officers to monitor
     compliance with compulsory code requirements and the scientific use
     code;
     (h) providing for the appointment of inspectors to investigate and
     enforce this Act;
     (i) allowing the Minister to establish an animal welfare advisory
     committee or another body to advise the Minister on animal welfare
     issues.
 
5 Act binds all persons
(1) Subject to sections 6 to 8, this Act binds all persons, including the State
and, to the extent the legislative power of the Parliament permits, the
Commonwealth and the other States.
(2) However, the Commonwealth or a State can not be prosecuted for an offence
against this Act.
 
6 Application of Act to State for protected or wild animals
This Act does not apply to the State for an animal only because it is--
     (a) a protected animal or an animal in the wild under the Nature
     Conservation Act 1992; and
     (b) the property of the State under that Act, another Act or the
     common law.
 
7 Relationship with certain other Acts
(1) This Act does not affect the application of--
     (a) the Fisheries Act 1994; or
     (b) the Nature Conservation Act 1992; or
     (c) the Racing Act 2002.
(2) A person who lawfully does an act, or makes an omission, authorised under
an Act mentioned in subsection (1) that would, but for this subsection,
constitute an offence under this Act, is taken not to commit the offence by
reason only of doing the act or making the omission.
(3) However, subsection (2) does not apply if the act is the use of an animal
for a scientific purpose.
 
8 Aboriginal tradition and Island custom
(1) This Act does not apply to or affect an act done, or omission made, by--
     (a) an Aborigine under Aboriginal tradition; or
     (b) a Torres Strait Islander under Island custom.
(2) However, if a regulation prescribes conditions for the doing the act, or
making the omission, subsection (1) only applies if the conditions have been
complied with.
(3) For the Statutory Instruments Act 1992, section 43, a proposed regulation
under subsection (2) is taken to be likely to impose appreciable costs on the
community or part of the community.
 
9 Act does not affect other rights or remedies
(1) This Act does not affect or limit a civil right or remedy that exists apart
from this Act, whether at common law or otherwise.
(2) Without limiting subsection (1), compliance with this Act does not
necessarily show that a civil obligation that exists apart from this Act has
been satisfied or has not been breached.
(3) In addition, a breach of the duty of care imposed under this Act does not,
of itself, give rise to an action for breach of statutory duty or another civil
right or remedy.
(4) This Act does not limit a court's powers under the Penalties and Sentences
Act 1992 or another law.
 
10 Definitions
The dictionary in the schedule defines particular words used in this Act.
 
11 What is an animal
(1) An animal is any of the following--
     (a) a live member of a vertebrate animal taxon;
     Examples--
     an amphibian
     a bird
     a fish
     a mammal, other than a human being
     a reptile
     (b) a live pre-natal or pre-hatched creature as follows if it is in
     the last half of gestation or development--
          (i) a mammalian or reptilian foetus;
          (ii) an avian, mammalian or reptilian pre-hatched young;
     (c) a live marsupial young;
     (d) a live invertebrate creature of a species, or a stage of the life
     cycle of a species, from the class Cephalopoda or Malacostraca
     prescribed under a regulation for this paragraph.
     Examples of creatures of the class Cephalopoda--
     octopi
     squid
     Examples of creatures of the class Malacostraca--
     crabs
     crayfish
     lobsters
     prawns
(2) However, a human being or human foetus is not an animal.
(3) To remove any doubt, it is declared that the following are not animals--
     (a) the eggs, spat or spawn of a fish;
     (b) a pre-natal, larval or pre-hatched creature, other than a
     creature mentioned in subsection (1)(b) or (c);
     (c) another immature form of a creature, other than a creature
     mentioned in subsection (1)(a) to (c).
 
12 Meaning of a person in charge of an animal
(1) A person is a person in charge of an animal if the person--
     (a) owns or has a lease, licence or other proprietary interest in the
     animal; or
     (b) has the custody of the animal; or
     (c) is employing or has engaged someone else who has the custody of
     the animal and the custody is within the scope of the employment or
     engagement.
(2) Despite subsection (1)(a), a person who holds a mortgage or other security
interest in an animal only becomes a person in charge of the animal if the
person takes a step to enforce the mortgage or other security.
 
13 Making codes of practice
(1) A regulation may make codes of practice about animal welfare.
(2) Without limiting subsection (1), a code of practice may be made about any
of the following--
     (a) the care and handling of animals;
     (b) the use of animals--
          (i) as companions; or
          (ii) for commercial, entertainment, recreational,
          scientific or other purposes; or
          (iii) in any of the following--
               aquaria
               boarding kennels
               pet shops
               theme parks
               zoos;
     (c) the performance of medical or surgical procedures on animals;
     (d) the use of electric devices on animals;
     (e) the transportation of livestock and other animals;
     (f) animal slaughtering establishments and the preparation or
     treatment of animals for human consumption;
     (g) the snaring or trapping of animals;
     (h) the control of animals that, under section 42, are feral or pest
     animals;
     (i) aquaculture or livestock production.
 
14 Tabling and inspection of documents adopted in codes of practice
(1) This section applies if--
     (a) a regulation that makes a code of practice adopts, applies or
     incorporates the whole or a stated part of another document (the
     adopted provisions); and
     (b) the adopted provisions are not part of, or attached to, the
     regulation.
(2) The Minister must, within 14 sitting days after the regulation is gazetted,
table a copy of the adopted provisions in the Legislative Assembly.
(3) If the adopted provisions are amended, the Minister must, within 14 sitting
days after the amendment is made, table a copy of the provisions as amended in
the Legislative Assembly.
(4) The chief executive must keep a copy of the adopted provisions, as in force
from time to time, open for inspection, free of charge, by members of the
public during office hours on business days at--
     (a) the department's head office; and
     (b) other places the chief executive considers appropriate.
(5) A failure to comply with this section does not invalidate or otherwise
affect the regulation.
 
15 Regulation may require compliance with code of practice
(1) A regulation may require a person to comply with the whole or a stated part
of a code of practice.
(2) A requirement under subsection (1) is called a compulsory code requirement.
(3) A person to whom a compulsory code requirement applies must comply with the
requirement.
Maximum penalty for subsection (3)--300 penalty units.
 
16 Use of code of practice in proceeding
A code of practice is admissible in evidence in a proceeding for an offence
against this Act if it is relevant to the act or omission to which the
proceeding relates.
 
17 Breach of duty of care prohibited
(1) A person in charge of an animal owes a duty of care to it.
(2) The person must not breach the duty of care.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(3) For subsection (2), a person breaches the duty only if the person does not
take reasonable steps to--
     (a) provide the animal's needs for the following in a way that is
     appropriate--
          (i) food and water;
          (ii) accommodation or living conditions for the animal;
          (iii) to display normal patterns of behaviour;
          (iv) the treatment of disease or injury; or
     (b) ensure any handling of the animal by the person, or caused by the
     person, is appropriate.
(4) In deciding what is appropriate, regard must be had to--
     (a) the species, environment and circumstances of the animal; and
     (b) the steps a reasonable person in the circumstances of the person
     would reasonably be expected to have taken.
     Examples of things that may be a circumstance for subsection (4)(b)--
     a bushfire or another natural disaster
     a flood or another climatic condition
 
18 Animal cruelty prohibited
(1) A person must not be cruel to an animal.
Maximum penalty--1000 penalty units or 2 years imprisonment.
(2) Without limiting subsection (1), a person is taken to be cruel to an animal
if the person does any of the following to the animal--
     (a) causes it pain that, in the circumstances, is unjustifiable,
     unnecessary or unreasonable;
     (b) beats it so as to cause the animal pain;
     (c) abuses, terrifies, torments or worries it;
     (d) overdrives, overrides or overworks it;
     (e) uses on the animal an electrical device prescribed under a
     regulation;
     (f) confines or transports it--
          (i) without appropriate preparation, including, for
          example, appropriate food, rest, shelter or water; or
          (ii) when it is unfit for the confinement or transport; or
          (iii) in a way that is inappropriate for the animal's
          welfare; or
     Examples for subparagraph (iii)--
     placing the animal, during the confinement or transport, with too few
     or too many other animals or with a species of animal with which it
     is incompatible
     not providing the animal with appropriate spells
          (iv) in an unsuitable container or vehicle;
     (g) kills it in a way that--
          (i) is inhumane; or
          (ii) causes it not to die quickly; or
          (iii) causes it to die in unreasonable pain;
     (h) unjustifiably, unnecessarily or unreasonably--
          (i) injures or wounds it; or
          (ii) overcrowds or overloads it.
 
19 Unreasonable abandonment or release
(1) A person in charge of an animal must not abandon or release an animal
unless the person has a reasonable excuse or the abandonment or release is
authorised by law.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) A person must not, unless the person has a reasonable excuse, release an
animal from the custody of the person in charge of it.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(3) In this section--
abandon, an animal, includes leaving it for an unreasonable period.
 
20 Meaning of prohibited event
(1) A prohibited event means any of the following events--
     (a) a bullfight or organised event held for public entertainment in
     which a person provokes a bull in a way that is likely to cause it to
     charge;
     (b) a cockfight or dogfight or other event in which an animal fights,
     or is encouraged to fight, with another animal;
     (c) coursing or another event in which an animal is released from
     captivity to be hunted, injured or killed by another animal;
     (d) an event in which an animal is released from captivity to be
     hunted, or shot at by, a person without an appropriate
     acclimatisation period between the release and the hunting to reduce
     stress to the animal;
     (e) an event prescribed under a regulation held for public enjoyment
     or entertainment, with or without charge to anyone present, at which
     anyone participating in the event causes an animal pain.
     Example of causing an animal pain for paragraph (e)--
     someone does, or attempts to, catch, fight or throw the animal
(2) However, conducting a rodeo is not a prohibited event merely because of
action taken in the rodeo to protect a competitor or other person from an
animal being used in the rodeo.
     Example for subsection (2)--
     using a 'rodeo clown' to distract an animal being used in the rodeo
     from a competitor or other person
 
21 Participation in prohibited event
(1) A person must not--
     (a) organise a prohibited event; or
     (b) knowingly--
          (i) permit a prohibited event to be organised; or
          (ii) supply an animal for use in a prohibited event; or
          (iii) supply premises for use for a prohibited event.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) In this section--
organise a prohibited event includes taking part in organising the event.
 
22 Presence at prohibited event
A person must not be present at a prohibited event unless the person has a
reasonable excuse.
Maximum penalty--150 penalty units or 1 year's imprisonment.
 
23 Cropping dog's ear
(1) A person, other than a veterinary surgeon, must not crop a dog's ear.
Maximum penalty--100 penalty units.
(2) A veterinary surgeon must not crop a dog's ear unless the surgeon
reasonably considers the cropping is in the interests of the dog's welfare.
Maximum penalty--100 penalty units.
(3) In this section--
crop, a dog's ear, means to remove part of the ear to make the ear stand erect.
 
24 Docking dog's tail
(1) A person, other than a veterinary surgeon, must not dock a dog's tail
unless the docking is done in a way prescribed under a regulation.
Maximum penalty--100 penalty units.
(2) A veterinary surgeon must not dock a dog's tail unless--
     (a) the surgeon reasonably considers the docking is in the interests
     of the dog's welfare; or
     (b) the docking is done in a way prescribed under a regulation.
Maximum penalty--100 penalty units.
 
25 Debarking operations
(1) A person, other than a veterinary surgeon, must not perform an operation on
a dog to prevent it from being able to bark or to reduce the volume of its bark
(a debarking operation).
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) A veterinary surgeon must not perform a debarking operation on a dog unless
the surgeon--
     (a) reasonably considers the operation is in the interests of the
     dog's welfare; or
     (b) has been given a relevant nuisance abatement notice and the
     surgeon reasonably considers the operation is the only way to comply
     with the notice without destroying the dog; or
     (c) has been given an appropriate notice and the surgeon reasonably
     considers the only way to stop the dog's barking from being a
     nuisance, without destroying the dog, is to perform the operation.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(3) For subsection (2)(c), an appropriate notice means a notice signed by each
owner of the dog asking the veterinary surgeon to perform the operation and
stating each of the following--
     (a) that, in the opinion of each owner, the dog's barking is a
     nuisance;
     (b) attempts have made to prevent the dog's barking from being a
     nuisance;
     (c) for each attempt--
          (i) the nature of the attempt; and
          (ii) enough details of the attempt to allow the veterinary
          surgeon to form a view under subsection (2)(c);
     (d) that each attempt has been unsuccessful.
     Example of an attempt--
     behavioural approaches taken in consultation with a veterinary
     surgeon or animal behaviour expert
(4) In this section--
bark includes cry, howl and yelp.
nuisance, for barking, means interference with the reasonable comfort, peace or
privacy of anyone.
relevant nuisance abatement notice means the original, or a copy, of a notice
as follows relating to the dog--
     (a) a nuisance abatement notice under the Environmental Protection
     Act 1994 (an EPA notice);
     (b) a notice, however called, under a local law if the notice--
          (i) complies, or substantially complies, with the
          requirements for an EPA notice; or
          (ii) has the same, or substantially the same, purpose as an
          EPA notice.
 
26 Removal of cat's claw
(1) A person, other than a veterinary surgeon, must not remove a cat's claw.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) A veterinary surgeon must not remove a cat's claw unless the surgeon
reasonably considers the removal is in the interests of the cat's welfare.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
27 Docking tail of cattle or horse
(1) This section applies for an animal as follows--
     (a) cattle;
     (b) a horse.
(2) A person, other than a veterinary surgeon, must not dock the animal's tail.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(3) A veterinary surgeon must not dock the animal's tail unless the surgeon
reasonably considers the docking is in the interests of the animal's welfare.
Maximum penalty for subsection (3)--300 penalty units or 1 year's imprisonment.
 
28 Restriction on supplying debarked dog
A person (the supplier) must not supply someone else a dog that the supplier
knows has had a debarking operation performed on it unless the supplier has
given the other person a signed veterinary surgeon's certificate stating the
operation was performed under section 25.
Maximum penalty--150 penalty units or 1 year's imprisonment.
 
29 Other restrictions
A person (the supplier) must not supply someone else an animal as follows
unless the supplier has given the other person a signed veterinary surgeon's
certificate stating the procedure was performed in the interests of the
animal's welfare--
     (a) a dog that has had part of an ear removed to make the ear stand
     erect;
     (b) a cat with a claw removed from it;
     (c) a horse that has had its tail docked.
Maximum penalty--150 penalty units or 1 year's imprisonment.
 
30 Causing captive animal to be injured or killed by dog
A person must not knowingly cause an animal in captivity to be injured or
killed by a dog.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
31 Releasing animal for injury or killing by dog
A person must not release an animal if the release is--
     (a) to allow the animal to be injured or killed by a dog; or
     (b) in circumstances in which the animal is likely to be injured or
     killed by a dog unless the person took reasonable steps to prevent
     the injury or killing.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
32 Keeping or using kill or lure for blooding or coursing
A person must not keep or use an animal as a kill or lure--
     (a) for blooding a dog; or
     (b) to race or train a coursing dog.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
33 Obligation to exercise closely confined dogs
(1) A person in charge of a dog that is closely confined for a continuous
period of 24 hours must, unless the person has a reasonable excuse, ensure the
dog is exercised or allowed to exercise itself for--
     (a) the next 2 hours; or
     (b) the next hour and for another hour in the next 24 hours.
Maximum penalty--20 penalty units.
(2) In deciding whether a dog is closely confined for subsection (1), regard
must be had to the dog's age, physical condition and size.
 
34 Possession of prohibited trap or spur unlawful
(1) A person must not possess any of the following (a prohibited trap or spur)
unless the person has a reasonable excuse--
     (a) a trap prescribed under a regulation to be a prohibited trap;
     (b) a spur with sharpened or fixed rowels;
     (c) a cockfighting spur cap.
Maximum penalty--100 penalty units.
(2) It is a reasonable excuse to possess a prohibited trap or spur if--
     (a) it has been rendered inoperable for use as a prohibited trap or
     spur; and
     (b) the possession is for display or part of a collection.
(3) In this section--
spur includes any device similar to a spur.
 
35 Use of prohibited trap or spur unlawful
A person must not use a prohibited trap or spur as a trap or spur.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
36 Prohibitions
(1) A person, other than the following, must not, with the intention of
injuring or killing an animal, administer to, or feed, the animal a substance
that the person knows is harmful or poisonous to it--
     (a) an inspector;
     (b) a prescribed entity;
     (c) a veterinary surgeon.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) A person must not, with the intention of injuring or killing any animal,
lay a bait or a substance that is harmful or poisonous to any animal.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(3) In this section--
lay includes deposit, distribute, leave and throw.
 
37 Unlawfully allowing an animal to injure or kill another animal
(1) A person in control of an animal (the first animal) must not unlawfully
allow it to injure or kill another animal (the second animal).
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) The person unlawfully allows the first animal to injure or kill the second
animal if immediately before the injury or killing happens--
     (a) the first animal was under the person's immediate supervision;
     and
     Example of immediate supervision for paragraph (a)--
     The first animal is within the person's sight.
     (b) the person--
          (i) was aware of the second animal's presence; and
          (ii) ought reasonably to have suspected that the second
          animal was immediately vulnerable to the first animal and
          was likely to be injured or killed by it; and
          (iii) did not take reasonable steps to prevent the injury
          or killing.
     Examples of reasonable steps for subparagraph (iii)--
     1 If the first animal is a dog, putting the dog on a lead while the
     second animal is vulnerable to it.
     2 If the first animal is a cat, caging the cat while the second
     animal is vulnerable to it.
 
38 Operation of pt 6
(1) Sections 40 and 42 to 47 each provide an exemption (an offence exemption)
to the offences created under this chapter for a proceeding against a person
for the offence.
(2) If an offence exemption applies to a particular act or omission, the person
does not commit the offence that would otherwise be committed by the act or
omission.
(3) The Justices Act 1886, section 76, applies to each exemption.
(4) This part does not limit another provision of this Act that creates an
exemption to which the Justices Act 1886, section 76, applies.
 
39 Offences excluded from div 2
This division does not apply to an offence--
     (a) against section 15; or
     (b) to which division 3 applies.
 
40 Compliance with relevant code of practice or scientific use code
(1) It is an offence exemption for an offence if--
     (a) for an offence constituted by doing an act--
          (i) a code of practice or the scientific use code states
          requirements for how the act may be carried out; and
          (ii) the requirements, to the extent they are relevant to
          the act, have been complied with; or
     (b) for an offence constituted by making an omission--
          (i) a code of practice or the scientific use code states
          circumstances in which the omission may be made; and
          (ii) the stated circumstances for making the omission have
          happened.
(2) However, if the provisions of the code about how an act may be done or the
circumstances in which the omission may be made are incomplete, it is only an
offence exemption if, in doing the act or making the omission, the defendant
complied with any duty of care the defendant owed to each animal to which the
act or omission relates.
 
41 Limits on application of offence exemptions under div 3
(1) This section applies if--
     (a) an offence exemption under this division would, other than for
     this section, apply for an offence; and
     (b) a code of practice states requirements for how the act that
     constitutes the offence may be carried out.
(2) The offence exemption only applies if the provisions of the code, to the
extent they are relevant to the act, have been complied with.
(3) Also, if the provisions of the code about how an act may be done are
incomplete, it is only an offence exemption if, in doing the act, the defendant
complied with any duty of care the defendant owed to each animal to which the
act relates.
 
42 Feral or pest animals
(1) This section applies for an offence if the act that constitutes the offence
is--
     (a) an act done by a person to control a feral animal or pest animal,
     including, for example, by killing it; and
     (b) the act does not involve the use of a prohibited trap or spur.
(2) It is an offence exemption for the offence--
     (a) if the act is done in a way that causes the animal as little pain
     as is reasonable; and
     (b) the control complies with any conditions prescribed under a
     regulation.
(3) In this section--
feral animal means an animal living in a wild state that is a member of a class
of animals that usually live in a domestic state.
     Examples of classes of animals that usually live in a domestic state-
     -
     buffalo, cats, dogs, donkeys, goats, horses and pigs
pest animal means any of the following--
     (a) a non-indigenous animal generally regarded as being a pest;
     Examples--
     black rats, brown rats and cane toads
     (b) noxious fisheries resources under the Fisheries Act 1994;
     (c) an animal declared under a regulation made under this or another
     Act to be a pest;
     (d) an animal required to be controlled under an Act;
     (e) an animal the subject of a measure or program to control disease
     under the Fisheries Act 1994, Stock Act 1915, Exotic Diseases in
     Animals Act 1981 or another Act.
 
43 Animals used to feed another animal
It is an offence exemption for an offence for a person if--
     (a) the act that constitutes the offence involves using an animal
     (the food animal) as live food for another animal (the fed animal);
     and
     (b) the food animal and the fed animal are both lawfully kept by the
     person; and
     (c) the fed animal will only eat the food animal if it is alive; and
     (d) feeding the food animal to the fed animal is essential for the
     fed animal's survival.
 
44 Fishing using certain live bait
It is an offence exemption for an offence if--
     (a) the act that constitutes the offence involves the use of a live
     creature as follows for bait or as a lure to take, or attempt to
     take, fish--
          (i) a fish;
          (ii) an invertebrate of a species from the class
          Cephalopoda or Malacostraca; and
     (b) the fishing or attempted fishing complies with any conditions
     prescribed under a regulation.
 
45 Slaughter under religious faith
It is an offence exemption for an offence if--
     (a) the act that constitutes the offence involves the slaughter,
     under a religious faith, of an animal; and
     (b) the slaughtered animal is to be used for human food; and
     (c) the person doing the slaughtering follows the religious faith.
 
46 Use of fishing apparatus under shark fishing contract
It is an offence exemption for an offence if--
     (a) the act that constitutes the offence is the use of fishing
     apparatus under the Fisheries Act 1994; and
     (b) the use is--
          (i) to protect persons from attack by sharks; and
          (ii) carried out under an agreement between any person and
          the State for the disposal, tagging or taking of sharks.
 
47 Supplying animal
It is an offence exemption for an offence if--
     (a) the act that constitutes the offence is supplying an animal; and
     (b) the supply is--
          (i) by or for a prescribed entity; or
          (ii) by an inspector for the State.
 
48 When an animal is used for scientific purposes
(1) An animal is used for scientific purposes if it is used--
     (a) in an activity performed to acquire, demonstrate or develop
     knowledge or a technique in a scientific discipline; or
     Examples of an activity for paragraph (a)--
     diagnosis
     environmental studies
     field trials
     producing biological products
     product testing
     research
     teaching
     (b) in connection with an activity mentioned in paragraph (a).
(2) However, despite subsection (1), banding a bird or tagging a fish is not
use of the bird or fish for scientific purposes.
(3) The use of an animal for scientific purposes also includes using any of the
remains of an animal that was killed for the purpose of carrying out an
activity mentioned in subsection (1).
 
49 What is the scientific use code
(1) The scientific use code means the most recent edition or revision of the
'Australian Code of Practice for the Care and Use of Animals for Scientific
Purposes', published by or for the National Health and Medical Research
Council.
(2) The chief executive must keep a copy of the most recent edition or revision
of the code as in force from time to time, open for inspection, free of charge,
by members of the public during office hours on business days at--
     (a) the department's head office; and
     (b) other places the chief executive considers appropriate.
(3) If a new edition or revision of the code is published, the Minister must,
within 14 sitting days after publication, table a copy of the edition or
revision in the Legislative Assembly.
(4) In this section--
published includes publication on the internet website of the National Health
and Medical Research Council.
 
50 Definitions for ch 4
In this chapter--
animal ethics committee means an animal ethics committee formed under the
scientific use code.
conviction, for an animal welfare offence, means a conviction, other than a
spent conviction, for--
     (a) an animal welfare offence; or
     (b) an offence against a law of the Commonwealth or another State if
     the act or omission that constitutes the offence would, if it happens
     in Queensland, be an animal welfare offence; or
     (c) an offence committed anywhere in Australia before this part
     commenced that, apart from the non-commencement of this part, would
     have been an offence mentioned in paragraph (a) or (b).
disqualifying event means--
     (a) a conviction for an animal welfare offence; or
     (b) the cancellation or suspension, under part 2, division 4,
     subdivision 2, of registration; or
     (c) the cancellation or suspension, under a law of another State or
     the Commonwealth, of an authority, instrument, licence permit or
     registration, however called, that is the same as, or similar to,
     registration under this chapter.
spent conviction means a conviction--
     (a) for which the rehabilitation period under the Criminal Law
     (Rehabilitation of Offenders) Act 1986 has expired under that Act;
     and
     (b) that is not revived as prescribed by section 11 of that Act.
 
51 Requirement for registration
(1) A person must not use an animal for a scientific purpose, or allow an
animal to be used for a scientific purpose unless the person is--
     (a) registered; or
     (b) an individual retained by a registered person acting in the
     course of the individual's retainer; or
     (c) a student at a college, institute, school, university or other
     institution that is registered and acting in the course of the
     person's studies with the institution.
Maximum penalty--300 penalty units or 1 year's imprisonment.
(2) In this section--
retained means employed or engaged, whether or not for remuneration.
 
52 Applying for registration
(1) A person may apply to the chief executive for, or to renew, registration (a
registration application).
(2) A registration application must--
     (a) be made in the approved form; and
     (b) state each of the following--
          (i) the applicant's name and address;
          (ii) the name of each animal ethics committee proposed for
          the applicant;
          (iii) terms of reference for each committee;
          (iv) if the applicant is not an individual--the person or
          office holder to whom each proposed chairperson of each
          committee must report; and
     (c) be supported by enough other information to enable the chief
     executive to decide the application; and
     (d) be accompanied by the prescribed fee.
 
53 Chief executive may seek further documents or information
(1) The chief executive may, after a registration application has been made, by
notice, require the applicant to give the chief executive a stated document or
information that is relevant to the application.
(2) The notice may require the applicant to verify the correctness of the
document or information by statutory declaration.
 
54 Deciding application
The chief executive must consider and either grant or refuse each registration
application within 28 days after the last of the following events to happen--
     (a) the making of the application;
     (b) the chief executive's receipt of all necessary information to
     decide the application;
     (c) if, under section 53, the chief executive has required the
     applicant to give a document or information--the giving of the
     required document or information.
 
55 Criteria for decision
(1) The chief executive must not grant a registration application unless the
chief executive is satisfied the applicant and each animal ethics committee
proposed for the applicant is likely, if the applicant is registered, to comply
with the scientific use code.
(2) In considering the application, the chief executive must consider--
     (a) whether a disqualifying event has happened in relation to the
     applicant or any proposed member of an animal ethics committee for
     the applicant; and
     (b) if the applicant is a corporation, whether a disqualifying event
     has happened in relation to--
          (i) any of its executive officers; or
          (ii) another corporation of which any of its executive
          officers is, or has been, an executive officer; and
     (c) another matter prescribed under a regulation.
(3) Subsections (1) and (2) do not limit the matters the chief executive may
consider.
 
56 Registration conditions
The chief executive may, in granting a registration application, impose
conditions on the registration that are relevant and reasonable (registration
conditions).
 
57 Grant of registration application
If a registration application is granted, the chief executive must as soon as
practicable--
     (a) comply with section 61 in relation to the applicant; and
     (b) give the applicant a signed registration certificate in the
     approved form.
 
58 Term of registration
(1) Registration is for a term that ends on the third anniversary of the day
the registration certificate for the registration was signed.
(2) The giving of a replacement registration certificate under section 79 or 88
does not affect or extend the term.
 
59 Notice of refusal of registration application
The chief executive must, as soon as practicable after making a decision as
follows about a registration application, give the applicant an information
notice about the decision--
     (a) a decision to refuse the application;
     (b) a decision to impose a registration condition.
 
60 Register
(1) The chief executive must keep a register of persons registered to use
animals for scientific purposes.
(2) The chief executive may keep the register in the way the chief executive
considers appropriate, including, for example, in electronic form.
 
61 Registration details
(1) The register must state the following for each registered person--
     (a) the person's name, address and registered number;
     (b) each of the following items of information from the person's
     registration application--
          (i) each animal ethics committee for the person;
          (ii) the terms of reference for each committee;
          (iii) if the person is not an individual--the person or
          office holder to whom each proposed chairperson of each
          committee must report;
     (c) other information prescribed under a regulation.
(2) The register may include other information the chief executive considers
appropriate.
(3) The information recorded under subsections (1) and (2) in the register for
a registered person is called the person's registration details.
 
62 Inspection of register
Subject to section 70, the chief executive must--
     (a) keep the register open for inspection, free of charge, by members
     of the public during office hours on business days at the
     department's office dealing with the administration of this Act; and
     (b) allow a person to take extracts, free of charge, from the
     register; and
     (c) give a person a copy of the register, or a part of it, on payment
     of the fee prescribed under a regulation.
 
63 False representations about registration
A person must not, in connection with the use of an animal for a scientific
purpose, intentionally or recklessly falsely represent that the person or
someone else is a registered person.
Maximum penalty--150 penalty units.
 
64 Who may apply
(1) A registered person or an applicant for registration may apply to the chief
executive for an exemption (a disclosure exemption) for stated registration
details or proposed registration details for the person.
(2) However, a disclosure exemption can be given for the person's name only if
the person is an individual.
 
65 Requirements for application
A disclosure exemption application must be in the approved form and state--
     (a) that the registration details, or proposed registration details,
     the subject of the application are--
          (i) not required to be disclosed under another law of the
          State; and
          (ii) not publicly available; and
     (b) that disclosure of the registration details is likely to
     disadvantage the interests of the applicant or a stated member of an
     animal ethics committee or proposed animal ethics committee for the
     applicant; and
     (c) the nature of the disadvantage.
 
66 Deciding application
The chief executive must consider each disclosure exemption application and
either grant or refuse the disclosure exemption applied for within 28 days
after the last of the following events to happen--
     (a) the making of the application;
     (b) if the applicant is not a registered person--the deciding of the
     registration application to which the disclosure exemption
     application relates.
 
67 Criteria for decision
The chief executive may grant a disclosure exemption only if the chief
executive is satisfied--
     (a) the registration details the subject of the exemption are--
          (i) not required to be disclosed under another law of the
          State; and
          (ii) not publicly available; and
     (b) disclosure of the details is likely to disadvantage the interests
     of the applicant or a member of an animal ethics committee or
     proposed animal ethics committee for the applicant for the exemption;
     and
     (c) the disadvantage outweighs the public interest in the details
     being disclosed.
 
68 Exemption may be limited
The chief executive may grant a disclosure exemption for the whole or part of
the registration details the subject of the relevant application.
 
69 Notice of refusal of disclosure exemption application
The chief executive must, as soon as practicable after making a decision as
follows about a disclosure exemption application, give the applicant an
information notice about the decision--
     (a) a decision to refuse the application;
     (b) a decision to grant a disclosure exemption, but for only part of
     the registration details the subject of the relevant application.
 
70 Effects of disclosure exemption
(1) The chief executive must not allow a person (the first person) to inspect,
take extracts from or copy exempted material unless--
     (a) the relevant registered person has agreed in writing; or
     (b) the first person is performing functions under or in relation to
     the administration of this Act; or
     (c) the disclosure is expressly permitted or required under another
     Act.
(2) An official must not disclose exempted material acquired by the official in
the official's capacity as an official to anyone else, unless the disclosure is
made under subsection (1).
Maximum penalty--100 penalty units.
(3) In this section--
exempted material means any of the following that the relevant registered
person has not publicly disclosed--
     (a) the registration details the subject of a disclosure exemption;
     (b) a part of a document submitted, or proposed to be submitted,
     under this Act that contains the details.
official means--
     (a) a person who is, or has been, a public service employee; or
     (b) another person performing functions under or in relation to the
     administration of this Act.
 
71 Amendments for which proposed action notice not required
The chief executive may amend a person's registration details at any time by
giving the person notice of the amendment and recording particulars of the
amendment in the register if the amendment--
     (a) is to correct a clerical or formal error; or
     (b) does not adversely affect the person's interests; or
     (c) is at the person's written request.
 
72 Amendments for which proposed action notice is required
The chief executive may amend a person's registration if--
     (a) the chief executive considers the amendment necessary or
     desirable; and
     (b) the procedure under subdivision 3 is followed.
 
73 Conditions for cancellation or suspension
(1) The chief executive may cancel or suspend a person's registration if--
     (a) an event mentioned in subsection (2) has happened; and
     (b) the procedure under subdivision 3 is followed.
(2) For subsection (1), the event is any of the following--
     (a) the registration was because of a materially false or misleading
     representation or declaration, made either orally or in writing;
     (b) the person has not complied with a registration condition;
     (c) the person has not paid a fee prescribed under this Act in
     relation to the registration;
     (d) if the person is an individual--
          (i) a disqualifying event happens in relation to the
          individual; or
          (ii) the individual becomes an undischarged bankrupt or, as
          a debtor, takes advantage of any law about bankruptcy or
          insolvent debtors;
     (e) if the person is a corporation--
          (i) a disqualifying event happens in relation to any of its
          executive officers or another corporation of which any of
          its executive officers is, or has been, an executive
          officer; or
          (ii) it becomes insolvent as defined under the Corporations
          Act, section 95A;
     (f) a disqualifying event happens in relation to a member of an
     animal ethics committee for the person;
     (g) an animal ethics committee for the person has not--
          (i) performed any of its functions under the scientific use
          code; or
          (ii) complied with the code to the extent it is relevant to
          the committee.
 
74 Application of sdiv 3
This subdivision applies if the chief executive proposes to--
     (a) amend, under section 72, a person's registration details; or
     (b) cancel or suspend a person's registration.
 
75 Notice of proposed action
(1) The chief executive must give the person a notice stating each of the
following--
     (a) the action (the proposed action) the chief executive proposes to
     take under this subdivision;
     (b) the grounds for the proposed action;
     (c) the facts and circumstances that are the basis for the grounds;
     (d) if the proposed action is to amend registration details--the
     proposed amendment;
     (e) if the proposed action is to suspend the registration--the
     proposed suspension period;
     (f) that the holder may make, within a stated period, written
     representations to show why the proposed action should not be taken.
(2) The stated period must end at least 28 days after the holder is given the
notice.
 
76 Considering representations
(1) The chief executive must consider any written representation made under
section 75 by the person within the period stated in the notice.
(2) If the chief executive at any time decides not to take the proposed action,
the chief executive must promptly give the person notice of the decision.
 
77 Decision on proposed action
If, after complying with section 76, the chief executive still believes a
ground exists to take the proposed action, the chief executive may decide to--
     (a) if the proposed action was to amend registration details--make
     the amendment; or
     (b) if the proposed action was to suspend the registration for a
     stated period--suspend the registration for no longer than the
     proposed suspension period; or
     (c) if the proposed action was to cancel the registration--
          (i) cancel the registration; or
          (ii) suspend it for a fixed period.
 
78 Notice and taking of effect of proposed action decision
(1) The chief executive must, as soon as practicable after making a decision
under section 77, give the person an information notice about the decision.
(2) The decision takes effect on the later of the following--
     (a) the day the notice is given to the holder;
     (b) a later day of effect stated in the notice.
(3) However, if the decision was to cancel or suspend the registration because
of a conviction, the cancellation or suspension--
     (a) does not take effect until--
          (i) the period to appeal against the conviction ends; and
          (ii) if an appeal is made against the conviction--the
          appeal is finally decided or is otherwise ended; and
     (b) has no effect if the conviction is quashed on appeal.
 
79 Replacement of registration certificate
If the chief executive amends a person's registration details, the chief
executive must, as soon as practicable after making the amendment, give the
person a replacement registration certificate that reflects the amendment.
 
80 Requirement to record suspension
If a person's registration is suspended under this division, the chief
executive must record in the register particulars of when the suspension period
starts and ends.
 
81 Application of div 5
This division applies if the chief executive is making a decision (the
registration decision) about whether or not to--
     (a) grant a registration application; or
     (b) take proposed action in relation to a person's registration.
 
82 Animal welfare offence reports
(1) The commissioner of the police service must, if asked by the chief
executive, give the chief executive a written report (an animal welfare offence
report) about--
     (a) any convictions for animal welfare offences recorded against--
          (i) the applicant; or
          (ii) the registered person; or
          (iii) any member or proposed member of an animal ethics
          committee for the applicant or registered person; and
     (b) if the applicant or registered person is a corporation, whether a
     disqualifying event has happened in relation to--
          (i) any of its executive officers; and
          (ii) another corporation of which any of its executive
          officers is, or has been, an executive officer.
(2) The report must be prepared from--
     (a) information in the commissioner's possession; and
     (b) information the commissioner can reasonably obtain by asking
     officials administering police services in other Australian
     jurisdictions.
(3) However, subsection (2) is subject to the Criminal Law (Rehabilitation of
Offenders) Act 1986.
 
83 Use of information in animal welfare offence report
(1) This section applies if the chief executive is considering information
about a person contained in an animal welfare offence report.
(2) The information must not be used for any purpose other than to make the
registration decision.
(3) When making the decision, the chief executive must have regard to the
following matters relating to information about the commission of an offence by
the person--
     (a) when the offence was committed;
     (b) the nature of the offence and its relevance to the decision.
 
84 Notice of use of information in animal welfare offence report
Before using information contained in an animal welfare offence report to make
the registration decision, the chief executive must--
     (a) disclose the information to the person to whom the report
     relates; and
     (b) allow the person a reasonable opportunity to make representations
     to the chief executive about the information.
 
85 Confidentiality of animal welfare offence reports
(1) This section applies to a person who--
     (a) is, or has been, a public service employee; and
     (b) has, in that capacity, acquired information or gained access to
     an animal welfare offence report about someone else (the second
     person).
(2) The person must not disclose the information, or give access to the report,
to anyone else.
Maximum penalty--100 penalty units.
(3) However, subsection (2) does not apply if the disclosure or giving of
access is--
     (a) to an employee of the department for making the registration
     decision; or
     (b) with the second person's consent; or
     (c) expressly permitted or required under another Act.
 
86 Destruction of animal welfare offence reports
(1) This section applies if the chief executive has obtained an animal welfare
offence report and the registration decision has been made.
(2) The chief executive must destroy the report as soon as practicable after
the later of the following--
     (a) if a conviction is mentioned in the report--
          (i) the end of the period to appeal against the conviction;
          or
          (ii) the deciding or the ending of any appeal against the
          conviction and any appeal from that appeal;
     (b) the end of any period under this Act to appeal against, or apply
     for a review of, the registration decision;
     (c) the deciding or other ending of an appeal or review mentioned in
     paragraph (b) and any appeal from that appeal or review.
 
87 Reporting obligations of registered persons
(1) Each registered person must, on or before 31 May in each year (the
reporting day), give the chief executive a written report (an annual report)
for the period from 1 January to 31 December immediately before the reporting
day that complies with subsection (2).
Maximum penalty--150 penalty units.
(2) For subsection (1), an annual report must state--
     (a) information prescribed under a regulation about--
          (i) animals the person has used, or allowed to be used, for
          scientific purposes; and
          (ii) complaints, enquiries and grievances about the use of
          animals for scientific purposes; and
     (b) another matter prescribed under a regulation about the scientific
     use of animals by the person.
(3) The chief executive and the registered person may, by writing, agree to
change the reporting day to another day (the new reporting day).
(4) If the reporting day is changed--
     (a) the period from when the last annual report was given to the new
     reporting day is taken to be a period for which an annual report must
     be given under subsection (1); and
     (b) subject to paragraph (a), the period mentioned in subsection (1)
     is taken to be changed to the equivalent period that corresponds with
     the change.
 
88 Replacement registration certificates
(1) A registered person may apply to the chief executive for a replacement
registration certificate if the person's registration certificate has been
damaged, destroyed or lost.
(2) The application must be in the approved form and accompanied by the fee
prescribed under a regulation.
(3) The chief executive may give the replacement certificate only if the chief
executive is satisfied the person's registration certificate has been damaged,
destroyed or lost.
 
89 No transfer of registration
A person's registration can not be transferred.
 
90 Surrender of registration
(1) A registered person may, by notice to the chief executive, surrender the
registration.
(2) The surrender takes effect on the later of the following--
     (a) the day the notice is given;
     (b) a day stated in the notice for the surrender.
 
91 Use for scientific purposes must comply with code
A person must not use an animal for a scientific purpose, or allow an animal to
be used for a scientific purpose, unless--
     (a) the use is approved by an animal ethics committee whose
     registered terms of reference includes monitoring the use; and
     (b) any requirements of the committee made under the scientific use
     code in relation to the use have been complied with; and
     (c) the provisions of the code, to the extent they are relevant to
     the use, have been complied with.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
92 Use for certain scientific purposes unlawful
A person must not, without the chief executive's written approval--
     (a) conduct the test commonly known as the Draize eye or skin
     irritancy test, or a similar test; or
     (b) conduct the test commonly known as the classical LD 50 test, or a
     similar test; or
     (c) use an animal for a scientific purpose if the use involves--
          (i) a cosmetic; or
          (ii) a sunscreen product; or
          (iii) an ingredient of a cosmetic or sunscreen product.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
93 Obtaining approval to use for unlawful scientific purpose
(1) A registered person may apply to the chief executive for approval to
conduct a test or use an animal in a way mentioned in section 92.
(2) The application must be in the approved form and accompanied by the fee
prescribed under a regulation.
(3) The chief executive must consider and either grant or refuse the
application within 28 days after the making of the application.
(4) However, the chief executive may grant the application only if the chief
executive is satisfied--
     (a) the test or use has been approved by the animal ethics committee
     whose registered terms of reference includes monitoring the test or
     use; and
     (b) any requirements of the committee made under the scientific use
     code in relation to the test or use are likely to be complied with.
(5) Subsection (4) does not limit the matters the chief executive may consider.
(6) If the application is granted, the approval takes effect on the later of
the following--
     (a) the day the applicant is given notice of the approval;
     (b) a later day of effect stated in the notice.
(7) If the chief executive decides to refuse the application, the chief
executive must, after making the decision, as soon as practicable, give the
applicant an information notice about the decision.
 
94 Purposes of ch 5
(1) The purposes of this chapter are to--
     (a) ensure compliance with compulsory code requirements and the
     scientific use code; and
     (b) prevent animal suffering; and
     (c) promote standards of animal care provided for under codes of
     practice.
(2) The purposes are achieved by providing for--
     (a) authorised officers to monitor compulsory code requirements and
     the scientific use code; and
     (b) programs about carrying out the monitoring.
 
95 Chief executive may make monitoring program
(1) The chief executive may, by complying with the requirements of this part,
make a program stating requirements for authorised officers about monitoring a
compulsory code requirement or the scientific use code (a monitoring program).
(2) However, a failure to comply with a requirement of this part does not
invalidate or otherwise affect the monitoring program.
(3) A monitoring program may be for any of the following--
     (a) more than 1 compulsory code requirement;
     (b) compulsory code requirements under different codes of practice;
     (c) a compulsory code requirement and the scientific use code.
 
96 Publication of draft monitoring program
(1) The chief executive must publish a notice of a draft monitoring program in
a newspaper likely to be read by people in the State particularly affected by
each compulsory code requirement or provision of the scientific code to which
the draft program relates (the relevant code provisions).
(2) The notice must--
     (a) identify the relevant code provisions; and
     (b) state the following--
          (i) where copies of the draft program may be inspected;
          (ii) that any entity may comment about the draft program;
          (iii) the period during which comments may be made.
(3) The notice may identify a compulsory code requirement by reference to the
regulation under which the requirement is a compulsory code requirement.
(4) The stated period must be at least 28 days after the publication of the
notice.
(5) A copy of the draft program must be available free, or on payment of a
reasonable price, at the place, or each of the places, stated in the notice.
 
97 Comments to be considered before final program made
The chief executive must, before making a final monitoring program, consider
all comments received by the chief executive within the period under section 96
(2)(b)(iii) for making comments about the draft monitoring program.
 
98 Final monitoring program
(1) The chief executive may make a final monitoring program only by gazette
notice.
(2) The chief executive must, as soon as practicable after making the program,
publish a notice of it in a newspaper likely to be read by people in the State
particularly affected by the relevant code provisions.
(3) The chief executive must keep copies of the program open for public
inspection during office hours on business days at--
     (a) the department's head office; and
     (b) other places the chief executive considers appropriate.
 
99 Appointment and qualifications
(1) The chief executive may appoint an individual as an authorised officer.
(2) However, an individual may be appointed as an authorised officer only if--
     (a) the individual is--
          (i) a public service officer or employee; or
          (ii) included in a class of individuals declared under a
          regulation to be an approved class of persons for this
          section; and
     (b) the chief executive is satisfied the individual has--
          (i) the necessary expertise or experience to be an
          authorised officer; and
          (ii) satisfactorily finished training approved by the chief
          executive.
(3) Subsection (2) does not limit the issues the chief executive may consider
when deciding whether to appoint an individual as an authorised officer.
 
100 Functions
The functions of an authorised officer are to--
     (a) monitor compliance with compulsory code requirements and the
     scientific use code; and
     (b) promote standards of animal care provided for under codes of
     practice.
 
101 Appointment conditions and limit on powers
(1) An authorised officer holds office on any conditions stated in--
     (a) the officer's instrument of appointment; or
     (b) a signed notice given to the officer; or
     (c) a regulation.
(2) Without limiting subsection (1), the instrument of appointment, a signed
notice given to the officer or a regulation may--
     (a) limit the officer's functions or powers under this or another
     Act; or
     Example for paragraph (a)--
     The instrument of appointment, notice or regulation may limit the
     officer's functions or powers to stated functions or powers in
     relation to a compulsory code requirement or the scientific use code.
     (b) require the officer to give the chief executive stated
     information or a report about the performance of the officer's
     functions or the exercise of the officer's powers.
(3) In this section--
signed notice means a notice signed by the chief executive.
 
102 When authorised officer ceases to hold office
(1) An authorised officer ceases to hold office if any of the following
happens--
     (a) the term of office stated in a condition of office ends;
     (b) under another condition of office, the officer ceases to hold
     office;
     (c) the officer's resignation under section 103 takes effect.
(2) Subsection (1) does not limit the ways an officer may cease to hold office.
(3) In this section--
condition of office means a condition on which the officer holds office.
 
103 Resignation
(1) An authorised officer may resign by signed notice given to the chief
executive.
(2) However, if holding office as an authorised officer is a condition of the
authorised officer holding another office, the authorised officer may not
resign as an authorised officer without resigning from the other office.
 
104 Issue of identity card
(1) The chief executive must issue an identity card to each authorised officer.
(2) The identity card must--
     (a) contain a recent photo of the officer; and
     (b) contain a copy of the officer's signature; and
     (c) identify the person as an authorised officer under this Act; and
     (d) state an expiry date for the card.
(3) This section does not prevent the giving of a single identity card to a
person for this Act and other purposes.
 
105 Production or display of identity card
(1) In exercising a power under this Act in relation to a person, an authorised
officer must--
     (a) produce the officer's identity card for the person's inspection
     before exercising the power; or
     (b) have the identity card displayed so it is clearly visible to the
     person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1), the
officer must produce the identity card for the person's inspection at the first
reasonable opportunity.
(3) For subsection (1), an officer does not exercise a power in relation to a
person only because the officer has entered a place as mentioned in section 108
(1)(b) or (2).
 
106 Return of identity card
A person who ceases to be an authorised officer must return the person's
identity card to the chief executive within 21 days after ceasing to be an
authorised officer unless the person has a reasonable excuse.
Maximum penalty--20 penalty units.
 
107 General provisions about powers
(1) An authorised officer has the powers given under divisions 2 and 3.
(2) However, an authorised officer may exercise a power only for the purpose of
a monitoring program.
(3) A person may hold appointment as an authorised officer and an inspector.
(4) However, the person may only exercise the person's powers as an inspector
by complying with chapter 6, part 2.
 
108 Power of entry
(1) An authorised officer may enter and stay at a place, other than a vehicle,
if--
     (a) its occupier consents to the entry; or
     (b) it is a public place and the entry is made when it is open to the
     public; or
     (c) an authorised officer has given the occupier of the place at
     least 48 hours notice of the proposed entry; or
     (d) its occupier has been given an animal welfare direction and the
     entry is made at a time or interval stated in the direction to check
     compliance with the direction.
(2) For the purpose of asking the occupier of a place for consent to enter, an
authorised officer may, without the occupier's consent--
     (a) enter land around premises at the place to an extent that is
     reasonable to contact the occupier; or
     (b) enter part of the place the officer reasonably considers members
     of the public ordinarily are allowed to enter when they wish to
     contact the occupier.
(3) A notice under subsection (1)(c) must state--
     (a) the purpose of the entry; and
     (b) that an authorised officer is permitted under this Act to enter
     the place without the person's consent.
(4) In this section--
place does not include a part of the place where a person resides.
 
109 Procedure for entry with consent
(1) This section applies if an authorised officer intends to ask an occupier of
a place to consent to the officer or another authorised officer entering the
place under section 108(1)(a).
(2) Before asking for the consent, the officer must tell the occupier--
     (a) the purpose of the entry; and
     (b) that the occupier is not required to consent; and
     (c) that the officer may, under section 108(1)(c), enter the place by
     giving at least 48 hours notice of the proposed entry.
(3) If the consent is given, the officer may ask the occupier to sign an
acknowledgment of the consent.
(4) The acknowledgment must state--
     (a) the occupier has been told--
          (i) the purpose of the entry; and
          (ii) that the occupier is not required to consent; and
     (b) the purpose of the entry; and
     (c) the occupier gives the officer or another authorised officer
     consent to enter the place and exercise powers under this part; and
     (d) the time and date the consent was given.
(5) If the occupier signs the acknowledgment, the officer must promptly give a
copy to the occupier.
(6) If--
     (a) an issue arises in a proceeding about whether the occupier
     consented to the entry; and
     (b) an acknowledgment complying with subsection (4) for the entry is
     not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to
prove the occupier consented.
 
110 Procedure for other entries
(1) This section applies if--
     (a) an authorised officer is intending to enter a place under section
     108(1)(b), (c) or (d); and
     (b) the occupier of the place is present at the place.
(2) Before entering the place, the officer must do or make a reasonable attempt
to do the following things--
     (a) comply with section 105 for the occupier;
     (b) tell the occupier the purpose of the entry;
     (c) tell the occupier the officer is permitted under this Act to
     enter the place without the occupier's consent.
 
111 Power of entry
An authorised officer may enter and stay in a vehicle if--
     (a) the person in control of the vehicle consents to the entry; or
     (b) the vehicle is stationary and--
          (i) the officer reasonably suspects the vehicle is being,
          or has recently been, used to transport an animal in
          connection with the carrying out of a business; or
          (ii) the person in control of the vehicle has been given an
          animal welfare direction and the entry is made at a time or
          interval stated in the direction to check compliance with
          the direction.
 
112 Procedure for entry without consent if person in control or occupier
present
(1) This section applies if--
     (a) an authorised officer is intending to enter a vehicle under
     section 111(b); and
     (b) a person who is a person in control, or an occupier of, the
     vehicle is present at the vehicle.
(2) Before entering the vehicle, the officer must do, or make a reasonable
attempt to do, each of the following things--
     (a) comply with section 105 for the person;
     (b) tell the person the purpose of the entry;
     (c) seek the consent of the person to the entry;
     (d) tell the person the officer is permitted under this Act to enter
     the vehicle without the person's consent.
(3) If the person in control of the vehicle is not present at the vehicle, the
officer must take reasonable steps to advise the person or any registered
operator of the vehicle of the officer's intention to enter the vehicle.
(4) Subsection (3) does not require the officer to take a step the officer
reasonably believes may frustrate or otherwise hinder the performance of the
officer's functions or the purpose of the intended entry.
 
113 Certain inspectors' powers apply for entry
(1) This section applies if an authorised officer is entering, or has entered,
a place under division 2.
(2) However, if under section 108(2) an authorised officer enters a place to
ask the occupier's consent to enter premises, this section applies to the
officer only if the consent is given or the entry is otherwise authorised.
(3) The following provisions apply, with necessary changes, as if the officer
were an inspector, had entered the place under chapter 6 and were exercising a
power under that chapter--
     (a) sections 134, 135, 168 and 169;
     (b) chapter 6, part 2, division 3, other than section 137(d);
     (c) chapter 6, part 2, division 5;
     (d) chapter 6, part 3.
 
114 Appointment and qualifications
(1) The chief executive may appoint an individual as an inspector.
(2) However, an individual may be appointed as an inspector only if--
     (a) the individual is--
          (i) a public service officer or employee; or
          (ii) employed by the Royal Society for the Prevention of
          Cruelty to Animals Queensland Incorporated; or
          (iii) included in a class of individuals declared under a
          regulation to be an approved class of persons for this
          section; and
     (b) the chief executive is satisfied the individual has--
          (i) the necessary expertise or experience to be an
          inspector; or
          (ii) satisfactorily finished training approved by the chief
          executive.
(3) Subsection (2) does not limit the issues the chief executive may consider
when deciding whether to appoint an individual as an inspector.
 
115 Functions
The functions of an inspector are to investigate and enforce compliance with
this Act.
 
116 Appointment conditions and limit on powers
(1) An inspector holds office on any conditions stated in--
     (a) the inspector's instrument of appointment; or
     (b) a signed notice given to the inspector; or
     (c) a regulation.
(2) Without limiting subsection (1), the instrument of appointment, a signed
notice given to the inspector or a regulation may--
     (a) limit the inspector's functions or powers under this or another
     Act; or
     (b) require the inspector to give the chief executive stated
     information or a report about the performance of the inspector's
     functions or the exercise of the inspector's powers.
(3) In this section--
signed notice means a notice signed by the chief executive.
 
117 When inspector ceases to hold office
(1) An inspector ceases to hold office if any of the following happens--
     (a) the term of office stated in a condition of office ends;
     (b) under another condition of office, the inspector ceases to hold
     office;
     (c) the inspector's resignation under section 118 takes effect.
(2) Subsection (1) does not limit the ways an inspector may cease to hold
office.
(3) In this section--
condition of office means a condition on which the inspector holds office.
 
118 Resignation
(1) An inspector may resign by signed notice given to the chief executive.
(2) However, if holding office as an inspector is a condition of the inspector
holding another office, the inspector may not resign as an inspector without
resigning from the other office.
 
119 Issue of identity card
(1) The chief executive must issue an identity card to each inspector.
(2) The identity card must--
     (a) contain a recent photo of the inspector; and
     (b) contain a copy of the inspector's signature; and
     (c) identify the person as an inspector under this Act; and
     (d) state an expiry date for the card.
(3) This section does not prevent the issuing of a single identity card to a
person for this Act and other purposes.
 
120 Production or display of identity card
(1) An inspector may exercise a power under this Act in relation to a person
only if the inspector--
     (a) first produces the inspector's identity card for the person's
     inspection; or
     (b) has the card displayed so that it is clearly visible to the
     person.
(2) However, if it is not practicable to comply with subsection (1), the
inspector must produce the identity card for the person's inspection at the
first reasonable opportunity.
(3) For subsection (1), an inspector does not exercise a power in relation to a
person only because the inspector has entered a place as mentioned in section
122 (1)(b) or (2).
 
121 Return of identity card
A person who ceases to be an inspector must return the person's identity card
to the chief executive within 21 days after ceasing to be an inspector unless
the person has a reasonable excuse.
Maximum penalty--20 penalty units.
 
122 Power of entry
(1) An inspector may enter and stay at a place, other than a vehicle, if--
     (a) its occupier consents to the entry; or
     (b) it is a public place and the entry is made when it is open to the
     public; or
     (c) the entry is authorised by a warrant; or
     (d) its occupier has been given an animal welfare direction and the
     entry is made at a time or interval stated in the direction to check
     compliance with the direction; or
     (e) the inspector reasonably suspects--
          (i) an animal at the place has just sustained a severe
          injury; and
          (ii) the injury is likely to remain untreated, or untreated
          for an unreasonable period; or
     (f) the inspector reasonably suspects there is an imminent risk of
     death or injury to an animal at the place because of an accident or
     from an animal welfare offence; or
     Examples of imminent risk of death or injury to an animal--
     1 a dogfight involving, or apparently involving, an imminent risk of
     death or injury to the dogs
     2 the beating or torture of an animal at the place
     (g) the inspector reasonably suspects any delay in entering the place
     will result in the concealment, death, or destruction of anything at
     the place that is--
          (i) evidence of an animal welfare offence against this Act;
          or
          (ii) being used to commit, continue or repeat, an offence.
(2) For the purpose of asking the occupier of a place for consent to enter, an
inspector may, without the occupier's consent or a warrant--
     (a) enter land around premises at the place to an extent that is
     reasonable to contact the occupier; or
     (b) enter part of the place the inspector reasonably considers
     members of the public ordinarily are allowed to enter when they wish
     to contact the occupier.
 
123 Limited entry power to provide relief to animal
(1) This section applies if--
     (a) an inspector reasonably suspects--
          (i) an animal at a place, other than a vehicle, is
          suffering from lack of food or water or is entangled; and
          (ii) the person in charge of the animal is not, or is
          apparently not, present at the place; and
     (b) the animal is not at a part of the place at which a person
     resides, or apparently resides.
(2) The inspector may enter and stay at the place while it is reasonably
necessary to provide the food or water or to disentangle the animal.
(3) Before leaving the place, the inspector must leave a notice in a
conspicuous position and in a reasonably secure way stating the following--
     (a) the inspector's name and business address or telephone number;
     (b) the action taken by the inspector under subsection (2);
     (c) when the action was taken.
(4) This section does not limit section 122.
 
124 Procedure for entry with consent
(1) This section applies if an inspector intends to ask an occupier of a place
to consent to the inspector or another inspector entering the place under
section 122(1)(a).
(2) Before asking for the consent, the inspector must tell the occupier--
     (a) the purpose of the entry; and
     (b) that the occupier is not required to consent.
(3) If the consent is given, the inspector may ask the occupier to sign an
acknowledgment of the consent.
(4) The acknowledgment must state--
     (a) the occupier has been told--
          (i) the purpose of the entry; and
          (ii) that the occupier is not required to consent; and
     (b) the purpose of the entry; and
     (c) the occupier gives the inspector or another inspector consent to
     enter the place and exercise powers under this part; and
     (d) the time and date the consent was given.
(5) If the occupier signs the acknowledgment, the inspector must promptly give
a copy to the occupier.
(6) If--
     (a) an issue arises in a proceeding about whether the occupier
     consented to the entry; and
     (b) an acknowledgment complying with subsection (4) for the entry is
     not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to
prove the occupier consented.
 
125 Procedure for other entries without warrant
(1) This section applies if--
     (a) an inspector is intending to enter, under section 122(1)(d), (e),
     (f) or (g) or 148(2), a place; and
     (b) the occupier of the place is present at the place.
(2) Before entering the place, the inspector must do, or make a reasonable
attempt to do, the following things--
     (a) comply with section 120 for the occupier;
     (b) tell the occupier the purpose of the entry;
     (c) tell the occupier the inspector is permitted under this Act to
     enter the place without the occupier's consent or a warrant.
 
126 Application for warrant
(1) An inspector may apply to a magistrate or a justice of the peace
(qualified) for a warrant for a place.
(2) However, an application can not be made to a justice who--
     (a) if the inspector is employed by the department--is employed by
     the department; or
     (b) if the inspector is not employed by the department--is employed
     by the same person as the inspector.
(3) The application must be sworn and state the grounds on which the warrant is
sought.
(4) The magistrate or justice may refuse to consider the application until the
inspector gives the magistrate or justice all the information the magistrate or
justice requires about the application in the way the magistrate or justice
requires.
     Example--
     The magistrate or justice may require additional information
     supporting the application to be given by statutory declaration.
 
127 Issue of warrant
(1) A magistrate or justice of the peace (qualified) may issue a warrant only
if the magistrate or justice is satisfied there are reasonable grounds for
suspecting there is--
     (a) a need to enter the place for which the warrant is sought to
     relieve an animal in pain at the place; or
     (b) there is a particular animal or other thing or activity (the
     evidence) that may provide evidence of an offence against this Act
     and the evidence is at the place, or, within the next 7 days, may be
     at the place.
(2) The warrant must state--
     (a) that a stated inspector may--
          (i) enter the place and any other place necessary for
          entry; and
          (ii) exercise the inspector's powers under this part; and
     (b) either--
          (i) if the warrant is issued under subsection (1)(a)--the
          animal or type of animal for which the warrant is given; or
          (ii) if the warrant is issued under subsection (1)(b)--the
          offence for which the warrant is sought; and
     (c) the evidence that may be seized under the warrant; and
     (d) the hours of the day or night when the place may be entered; and
     (e) the date, within 7 days after the warrant's issue, the warrant
     ends.
 
128 Special warrants
(1) An inspector may apply for a warrant (a special warrant) by electronic
communication, fax, phone, radio or another form of communication if the
inspector considers it necessary because of--
     (a) urgent circumstances; or
     (b) other special circumstances, including, for example, the
     inspector's remote location.
(2) Before applying for the warrant, the inspector must prepare an application
stating the grounds on which the warrant is sought.
(3) The inspector may apply for the warrant before the application is sworn.
(4) After issuing the special warrant, the magistrate or justice of the peace
(qualified) must immediately electronically communicate or fax a copy to the
inspector if it is reasonably practicable to do so.
(5) If it is not reasonably practicable to electronically communicate or fax a
copy to the inspector--
     (a) the magistrate or justice must tell the inspector--
          (i) what the terms of the warrant are; and
          (ii) the date and time the warrant was issued; and
     (b) the inspector must complete a form of warrant (a warrant form)
     and write on it--
          (i) the magistrate's or justice's name; and
          (ii) the date and time the magistrate or justice issued the
          warrant; and
          (iii) the terms of the special warrant.
(6) The facsimile warrant, or the warrant form properly completed by the
inspector, authorises the entry and the exercise of the other powers stated in
the warrant issued by the magistrate or justice.
(7) The inspector must, at the first reasonable opportunity, send the
magistrate or justice--
     (a) the sworn application; and
     (b) if the inspector completed a warrant form--the completed warrant
     form.
(8) On receiving the documents, the magistrate or justice must attach them to
the warrant.
(9) If--
     (a) an issue arises in a proceeding about whether an exercise of a
     power was authorised by a special warrant; and
     (b) the warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of
the power to prove a special warrant authorised the exercise of the power.
 
129 Warrants--procedure for entry
(1) This section applies if--
     (a) an inspector named in a warrant issued under this part for a
     place is intending to enter the place under the warrant; and
     (b) the occupier of the place is present at the place.
(2) Before entering the place, the inspector must do, or make a reasonable
attempt to do, the following things--
     (a) comply with section 120 for the occupier;
     (b) give the occupier a copy of--
          (i) the warrant; or
          (ii) if the entry is authorised by a facsimile warrant or
          warrant form mentioned in section 128(6)--the facsimile
          warrant or warrant form;
     (c) tell the occupier the inspector is permitted by the warrant to
     enter the place;
     (d) give the occupier an opportunity to allow the inspector immediate
     entry to the place without using force.
(3) However, the inspector need not comply with subsection (2) if the inspector
reasonably believes the inspector must immediately enter the place to ensure
the effective execution of the warrant is not frustrated.
 
130 Power of entry
An inspector may enter and stay in a vehicle if--
     (a) the person in control of the vehicle consents to the entry; or
     (b) the person in control of the vehicle has been given an animal
     welfare direction and the entry is made at a time or interval stated
     in the direction to check compliance with the direction; or
     (c) the inspector reasonably suspects--
          (i) the vehicle is being, has been, or is about to be used
          in the commission of an animal welfare offence; or
          (ii) the vehicle, or an animal or other thing in the
          vehicle, may provide evidence of an animal welfare offence;
          or
          (iii) there is an imminent risk of death or injury to an
          animal in or from the vehicle or because of an animal
          welfare offence involving the vehicle; or
     Example of an imminent risk of death or injury to an animal--
     A dog is locked in a car and the dog is suffering, or apparently
     suffering, from heat exhaustion.
          (iv) there is a need to enter the vehicle to relieve an
          animal in pain in the vehicle or prevent an animal in the
          vehicle from suffering pain.
 
131 Procedure for entry without consent if person in control or occupier
present
(1) This section applies if--
     (a) an inspector is intending to enter a vehicle under section 130(b)
     or (c); and
     (b) a person who is a person in control, or an occupier of, the
     vehicle is present at the vehicle.
(2) Before entering the vehicle, the inspector must do, or make a reasonable
attempt to do, the following things--
     (a) comply with section 120 for the person;
     (b) tell the person the purpose of the entry;
     (c) seek the consent of the person to the entry;
     (d) tell the person the inspector is permitted under this Act to
     enter the vehicle without the person's consent.
(3) If the person in control of the vehicle is not present at the vehicle, the
inspector must take reasonable steps to advise the person or any registered
operator of the vehicle of the inspector's intention to enter the vehicle.
(4) Subsection (3) does not require the inspector to take a step that the
inspector reasonably believes may frustrate or otherwise hinder an
investigation under this Act or the purpose of the intended entry.
 
132 Power to stop vehicle that may be entered
(1) If a vehicle, that an inspector may enter under this part other than an
aircraft or train, is moving or about to move, the inspector may signal (a stop
signal) the person in control of the vehicle--
     (a) to stop the vehicle; or
     (b) not to move the vehicle.
(2) In this section--
stop, a vehicle, includes requiring it to remain stationary for the time
reasonably necessary to enable a function or power under this or another Act to
be performed or exercised.
 
133 Failure to comply with stop signal
(1) A person in control of a vehicle to whom a stop signal has been given must
obey the stop signal unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
(2) It is a reasonable excuse for the person not to obey the signal if--
     (a) to immediately obey the signal would have endangered the person
     or someone else; and
     (b) the person obeys the signal as soon as it is practicable to obey
     it.
 
134 Power to require help to enter from person in control
(1) If an inspector may, under this part, enter a vehicle, the inspector may
require (an entry requirement) the person in control of the vehicle to give the
inspector reasonable help to enter the vehicle.
     Example of an entry requirement--
     The vehicle is locked. Its driver is present at the vehicle and has a
     key to unlock it. An entry requirement may be given to the driver to
     unlock the vehicle.
(2) When making the entry requirement, the inspector must give the person an
offence warning.
 
135 Failure to comply with entry requirement
A person of whom an entry requirement has been made must comply with the
requirement unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
 
136 Application of div 3
(1) This division applies if, under a provision of this part other than section
123 or 148(2), an inspector may enter, or has entered, a place.
(2) However, if an inspector, under section 122(2) enters a place to ask the
occupier's consent to enter premises, this division applies to the inspector
only if the consent is given or the entry is otherwise authorised.
 
137 General powers
The inspector may do any of the following--
     (a) enter the place using reasonable force;
     (b) search any part of the place;
     (c) open, using reasonable force, a cage, container, pen, yard or
     other structure confining or containing an animal or other thing to
     examine the structure, animal or other thing;
     (d) take reasonable measures to relieve the pain of an animal at the
     place;
     Examples of measures--
     feeding, untethering or watering the animal
     (e) examine or inspect or film, photograph, videotape or otherwise
     record an image of, an animal, document or other thing at the place;
     (f) take a sample of or from an animal or other thing at the place
     for analysis or testing;
     (g) copy a document at the place;
     (h) take into the place the equipment, materials or persons the
     inspector reasonably requires for exercising a power under this part;
     (i) brand, mark, tag or otherwise identify an animal at the place;
     (j) take a necessary step to allow a power under paragraphs (a) to
     (i) to be exercised.
     Example of a step for paragraph (j)--
     mustering, unloading or yarding cattle at the place to allow them to
     be examined
 
138 Power to require reasonable help
(1) The inspector may require (a help requirement) a person at the place to
give the inspector reasonable help to exercise a power under this part,
including, for example to produce a document or give information.
(2) When making the help requirement, the inspector must give the person an
offence warning.
 
139 Failure to comply with help requirement
(1) A person of whom a help requirement has been made must comply with the
requirement unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
(2) It is a reasonable excuse for an individual not to comply with a help
requirement if complying with the requirement might tend to incriminate the
person.
(3) However, subsection (2) does not apply if the requirement is to produce a
document required to be held or kept by the person under--
     (a) this Act; or
     (b) another Act or a law of the Commonwealth or another State if the
     document relates to the transportation of live animals.
 
140 Power to require person in control of vehicle to take action
(1) This section applies if a place to which this division applies is a
vehicle.
(2) The inspector may require (an action requirement) the person in control of
the vehicle to do any of the following to allow the inspector to exercise a
power under this part--
     (a) bring the vehicle, or an animal or other thing in it, to a stated
     reasonable place;
     (b) remain in control of the vehicle, animal or other thing at the
     place for a stated reasonable period.
(3) When making the action requirement, the inspector must give the person an
offence warning.
 
141 Failure to comply with action requirement
A person of whom an action requirement has been made must comply with the
requirement unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
 
142 General power to seize evidence
(1) An inspector who has, under this part, entered a place may seize an animal
or other thing at the place if the inspector--
     (a) reasonably suspects it is evidence of an offence against this
     Act; or
     (b) reasonably believes the seizure is necessary to prevent it being-
     -
          (i) destroyed, hidden or lost; or
          (ii) used to commit, continue or repeat, an offence.
(2) Also, an inspector may seize an animal or other thing at the place--
     (a) if the inspector reasonably believes it has just been used in
     committing, or is the subject of, an animal welfare offence; or
     (b) with the written consent of a person as follows or a person the
     inspector reasonably believes is a person as follows--
          (i) for an animal--a person in charge of the animal;
          (ii) for another thing--the owner or person in possession
          of the thing.
(3) A consent under subsection (2)(b) given by an owner may also include the
owner's agreement to transfer ownership of the animal or other thing to the
State or a prescribed entity.
(4) Despite subsections (1) and (2), if an entry to a place was made after
obtaining the necessary consent of a person, the inspector may seize a thing at
the place only if the seizure is consistent with the purpose of entry as told
to the person when asking for the consent.
(5) This section does not limit a power to seize under section 144 or 145.
 
143 Seizing evidence under warrant
An inspector who, under this part, enters a place with a warrant may seize the
evidence for which the warrant was issued.
 
144 Seizure for welfare of animal
(1) An inspector who has, under this part, entered a place may seize an animal
at the place if the inspector reasonably believes--
     (a) the animal--
          (i) is under an imminent risk of death or injury; or
     Examples of imminent risk of death or injury--
     1 A prohibited event is being conducted at the place.
     2 The animal is being beaten or tortured.
          (ii) requires veterinary treatment; or
          (iii) is experiencing undue pain; and
     (b) the interests of the welfare of the animal require its immediate
     seizure.
(2) The inspector may also seize the animal if the person in charge of the
animal has contravened, or is contravening, an animal welfare direction or a
court order about the animal.
 
145 Seizure of property subject to security
(1) An inspector may seize an animal or other thing under this subdivision or
exercise powers under subdivision 2 in relation to it despite a lien or other
security over it claimed by another person.
(2) However, the seizure does not affect the person's claim to the lien or
other security against a person other than the inspector or a person acting for
the inspector.
 
146 Direction to person in charge
(1) To enable an animal or other thing to be seized, an inspector may direct (a
seizure direction) the person in charge, or owner or person in possession, of
it--
     (a) to take it to a stated reasonable place or places by a stated
     reasonable time or times; and
     (b) if necessary, to remain in control of it at the stated place for
     a reasonable time.
(2) A seizure direction--
     (a) must be made by notice in the approved form; or
     (b) if for any reason it is not practicable to give notice in the
     approved form--may be made orally and confirmed by notice in the
     approved form as soon as practicable.
 
147 Failure to comply with seizure direction
A person of whom a seizure direction has been made must comply with the
direction unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
 
148 Powers for seized things
(1) Having seized an animal or other thing, an inspector may do 1 or more of
the following--
     (a) move it from the place where it was seized (the place of
     seizure);
     (b) leave it at the place of seizure but take reasonable action to
     restrict access to it;
     Examples of restricting access to a thing--
     1 brand, mark, seal, tag or otherwise identify it to show access to
     it is restricted
     2 sealing the entrance to a room where the thing is situated and
     marking it to show access to it is restricted
     (c) for equipment--make it inoperable;
     Example of making equipment inoperable--
     dismantling equipment or removing a component of equipment without
     which the equipment is not capable of being used
     (d) for an animal--
          (i) take it to a place the inspector considers appropriate;
          or
          (ii) give it accommodation, food, rest, water or other
          living conditions; or
          (iii) if the inspector reasonably believes that, in the
          interests of its welfare, the animal requires veterinary
          treatment--arrange for the treatment; or
          (iv) if an animal welfare direction has been given in
          relation to the animal and the direction has not been
          complied with--take other action to ensure the direction is
          complied with.
(2) While an animal seized under this part is at its place of seizure, an
inspector may enter the place--
     (a) to give the animal food, water or veterinary treatment if the
     inspector reasonably believes the animal needs the food, water or
     treatment; or
     (b) to take the animal to another place the inspector considers
     appropriate.
(3) An inspector may enter a place under subsection (2) only for a purpose
mentioned in the subsection.
 
149 Offence to tamper with seized thing
(1) This section applies in relation to an animal or other thing seized under
this part.
(2) A person, other than an inspector or a person authorised by an inspector
for the purpose, must not do, or attempt to do, any of the following unless the
person has a reasonable excuse--
     (a) tamper with--
          (i) the animal or other thing; or
          (ii) something done under section 148(1)(b) to restrict
          access to it;
     (b) enter, or be at, the place where the animal or other thing is
     being kept;
     (c) move the animal or other thing from the place where it is being
     kept;
     (d) have the animal or other thing in the person's possession.
Maximum penalty--100 penalty units.
 
150 Information notice and receipt for seized property
(1) This section applies if, under this part or a warrant, an inspector seizes
an animal or another thing, unless--
     (a) the seizure was with the written consent of a person mentioned in
     section 142(2)(b); or
     (b) the inspector reasonably believes there is no-one apparently in
     possession of the thing or the thing has been abandoned; or
     (c) the seized thing is not an animal and it would be impracticable
     or unreasonable to expect the inspector to account for the thing
     given its condition, nature and value.
     Example for paragraph (c)--
     animal droppings of no inherent value
(2) The inspector must, as soon as practicable after the seizure, give the
person from whom the thing was seized--
     (a) a receipt for the thing that generally describes the thing and
     its condition; and
     (b) an information notice about the decision to make the seizure.
(3) However, if a person as follows is not present at the place at which the
seizure happened, the receipt and information notice may be given by leaving
them at the place in a conspicuous position and in a reasonably secure way--
     (a) for an animal--a person in charge of the animal;
     (b) for another thing--the owner or person in possession of the
     thing.
(4) The information notice and receipt may--
     (a) be given in the same document; and
     (b) relate to more than 1 seized thing.
(5) The inspector may delay in giving the receipt and information notice if the
inspector reasonably suspects doing so may frustrate or otherwise hinder an
investigation under this Act.
(6) However, the delay may be only for so long as the inspector continues to
have the reasonable suspicion and remains in the vicinity of the place to keep
it under observation.
 
151 Access to seized property
(1) This section applies to an inspector who has, under this part or a warrant,
seized anything until the thing is forfeited or returned under this part.
(2) The inspector must allow any owner of the thing--
     (a) to inspect it at any reasonable time and from time to time; and
     (b) if it is a document--to copy it.
(3) Subsection (2) does not apply if it is impracticable or would be
unreasonable to allow the inspection or copying.
(4) The inspection or copying must be provided free of charge.
 
152 Return of seized animal
(1) This section applies if an inspector has, under this part or a warrant,
seized an animal.
(2) The inspector must, within 28 days after the seizure, return the animal to
its owner unless--
     (a) the owner has, under this part, agreed in writing to transfer
     ownership of it to the State or a prescribed entity; or
     (b) the animal has been forfeited to the State under this part; or
     (c) an application has been made for a disposal or prohibition order
     in relation to the animal; or
     (d) continued retention of the animal is needed as evidence for a
     proceeding or proposed proceeding for an offence involving the
     animal; or
     (e) an animal welfare direction given in relation to the animal has
     not been complied with and the inspector is taking, or proposes to
     take, action to ensure the direction is complied with; or
     (f) the inspector reasonably believes the animal's condition may
     require its destruction under section 162.
(3) If subsection (2)(c) applies, the inspector must promptly return the animal
to its owner if the application for the disposal or prohibition order--
     (a) is withdrawn; or
     (b) has been finally decided or otherwise ended and a disposal or
     prohibition order has not been made in relation to the animal.
(4) If subsection (2)(d) applies, the inspector must promptly return the animal
to its owner if its continued retention as evidence is no longer required.
(5) If subsection (2)(e) applies, the inspector must promptly return the animal
to its owner if--
     (a) the animal welfare direction is complied with; or
     (b) the inspector ceases to take, or propose to take, action to
     ensure the direction is complied with.
(6) If subsection (2)(f) applies, the inspector must promptly return the animal
to its owner if the inspector no longer believes the animal's condition may
require its destruction under section 162.
(7) Nothing in this section affects a lien or other security over the animal.
 
153 Return of other seized property
(1) This section applies if--
     (a) an inspector has, under this part or a warrant, seized a thing
     other than an animal; and
     (b) the thing has some intrinsic value; and
     (c) the owner of the thing has not, under this part, agreed in
     writing to transfer ownership of it to the State or a prescribed
     entity; and
     (d) the thing has not been forfeited under this part; and
     (e) a disposal order has not been made in relation to the thing.
(2) If no application has been made for a disposal order in relation to the
thing, the inspector must, return the thing to its owner--
     (a) generally--at the end of 6 months after the seizure; or
     (b) if a proceeding for an offence involving the thing is started
     within the 6 months--at the end of the proceeding and any appeal from
     the proceeding.
(3) Despite subsection (2), the inspector must promptly return a thing seized
as evidence to its owner if the inspector is satisfied--
     (a) its continued retention as evidence is no longer required; and
     (b) its continued retention is not necessary to prevent the thing
     being used to continue, or repeat, the offence; and
     (c) it is lawful for the person to possess the thing.
(4) If, at the time mentioned in subsection (2), an application has been made
for a disposal order in relation to the thing the inspector must promptly
return the thing to its owner if the application--
     (a) is withdrawn; or
     (b) has been finally decided or otherwise ended and a disposal order
     has not been made in relation to the thing.
(5) Nothing in this section affects a lien or other security over the thing.
 
154 Power to forfeit
(1) This section applies if an animal or other thing has been seized under this
Act or the Police Powers and Responsibilities Act 2000, section 146(2)(d).
(2) The chief executive may decide to forfeit the animal or thing to the State
if an inspector or police officer--
     (a) after making reasonable efforts, can not return it to its owner;
     or
     (b) after making reasonable inquiries, can not find its owner or, for
     an animal, any other person in charge of it; or
     (c) reasonably believes it is necessary to keep the animal or other
     thing to prevent it from being used in committing, or becoming the
     subject of, an animal welfare offence.
(3) For subsection (2)--
     (a) the period over which the efforts or inquiries are made must be
     at least 4 days; and
     (b) the inspector or police officer is not required to--
          (i) make efforts if it would be unreasonable to make
          efforts to return the animal or other thing to its owner;
          or
     Example for subparagraph (i)--
     The owner of the thing has migrated to another country.
          (ii) make inquiries if it would be unreasonable to make
          inquiries to find the owner.
(4) Regard must be had to an animal or other thing's condition, nature and
value in deciding--
     (a) whether it is reasonable to make inquiries or efforts; and
     (b) if inquiries or efforts are made--what inquiries or efforts,
     including the period over which they are made, are reasonable.
 
155 Information notice about forfeiture
(1) If the chief executive decides, under section 154(2), to forfeit an animal
or other thing, other than a seized thing mentioned in section 150(1)(c), the
chief executive must promptly give the person who owned it immediately before
the forfeiture (the former owner) an information notice about the decision.
(2) However, subsection (1) does not apply if--
     (a) the decision was made under section 154(2)(a) or (b); and
     (b) the place where the animal or other thing was seized is--
          (i) a public place; or
          (ii) a place at which the notice is unlikely to be read by
          the former owner.
(3) The information notice must state that the former owner may apply for a
stay of the decision if he or she appeals against the decision.
(4) If the decision was made under section 154(2)(a) or (b) the information
notice may be given by leaving it at the place where the animal or other thing
was seized, in a conspicuous position and in a reasonably secure way.
 
156 When transfer takes effect
(1) An animal or other thing becomes the State's property if, under section 154
(2), it is forfeited to the State.
(2) If, under section 142(3), the owner of an animal or other thing agrees in
writing to transfer ownership of it to the State or a prescribed entity, it
becomes the property of the State or entity when the chief executive or entity
agrees in writing to the transfer.
 
157 How property may be dealt with
(1) This section applies if, under section 156 an animal or other thing becomes
the property of the State or a prescribed entity.
(2) The State or entity may deal with the thing as it considers appropriate,
including, for example, by destroying it or giving it away.
(3) However, the State or entity must not deal with the thing in a way that
could prejudice the outcome of an appeal under this Act of which it is aware.
(4) Subsection (3) does not limit an inspector's power under section 162 to
destroy the animal.
(5) If the State or entity sells the thing, it may, after deducting the
following, return the proceeds of the sale to the former owner of the thing--
     (a) the costs of the sale;
     (b) any costs it may recover from the person under section 189.
(6) The chief executive may deal with the thing for the State.
(7) This section is subject to a decision, direction or order under chapter 7,
part 2 or 4 about the animal or other thing.
 
158 Application of div 5
(1) This division applies if an inspector reasonably believes--
     (a) a person has committed, is committing, or is about to commit, an
     animal welfare offence; or
     (b) an animal--
          (i) is not being cared for properly; or
          (ii) is experiencing undue pain; or
          (iii) requires veterinary treatment; or
          (iv) should not be used for work.
     Example for subparagraph (iv)--
     A horse with 'saddle sore' should not be used by a riding school.
(2) This division also applies if an animal has been seized under division 4,
subdivision 1.
 
159 Power to give animal welfare direction
(1) The inspector may give a written direction (an animal welfare direction)
requiring stated action about the animal or its environment.
(2) The direction may be given to--
     (a) a person in charge of the animal; or
     (b) a person whom the inspector reasonably believes is in charge of
     the animal; or
     (c) if the animal has been seized under division 4, subdivision 1--
          (i) a person who, immediately before the seizure, was a
          person in charge of the animal; or
          (ii) a person whom the inspector reasonably believes was,
          immediately before the seizure, a person in charge of the
          animal.
(3) Without limiting subsection (1), the direction may require any of the
following action to be taken--
     (a) care for, or treat, the animal in stated way;
     (b) provide the animal with stated accommodation, food, rest, water
     or other living conditions;
     (c) consult a veterinary surgeon about the animal's condition before
     a stated time;
     (d) move the animal from the place where it is situated when the
     direction is given to another stated place for a purpose mentioned in
     paragraph (a), (b) or (c);
     (e) not to move the animal from the place where it is situated when
     the direction is given.
(4) However, action may be required only if the inspector considers it to be
necessary and reasonable in the interests of the animal's welfare.
(5) The direction may state how the person given the direction may show that
the stated action has been taken.
 
160 Requirements for giving animal welfare direction
(1) An animal welfare direction must--
     (a) be in the approved form; and
     (b) describe--
          (i) the animal in a way that reasonably allows the person
          given the direction to identify it; or
          (ii) if the direction is given because the inspector
          reasonably believes a person has committed, is committing
          or is about to commit, an animal welfare offence--the type
          of animal to which the offence relates; and
     (c) state--
          (i) each requirement; and
          (ii) a time for the person to comply with each requirement;
          and
     (d) include an information notice about the decision to give the
     direction.
(2) Despite subsection (1)(a), an animal welfare direction may be given orally
if--
     (a) the inspector considers it to be in the interests of the animal's
     welfare to give the direction immediately; and
     (b) for any reason it is not practicable to immediately give the
     direction in the approved form; and
     (c) the inspector gives the person an offence warning.
(3) If the direction is given orally, the inspector must confirm the direction
by also giving it in the approved form as soon as practicable after giving it
orally.
(4) An animal welfare direction may state that an inspector proposes, at a
stated time or at stated intervals, to enter the following where an animal the
subject of the direction is kept at to check compliance with the direction--
     (a) a vehicle of which the person is the person in control;
     (b) another place of which the person is the occupier.
 
161 Failure to comply with animal welfare direction
A person to whom an animal welfare direction has been given must comply with
the direction unless the person has a reasonable excuse.
Maximum penalty--100 penalty units or 1 year's imprisonment.
 
162 Power of destruction
An inspector may destroy an animal, or cause it to be destroyed, if--
     (a) an inspector has seized the animal under this part or the person
     in charge of the animal has given written consent to the destruction;
     and
     (b) the inspector reasonably believes that the animal is in pain to
     the extent that it is cruel to keep it alive.
 
163 Power to require name and address
(1) An inspector may require a person to state the person's name and
residential or business address if the inspector--
     (a) finds the person committing, or about to commit, an offence
     against this Act; or
     (b) finds the person in circumstances that lead, or has information
     that leads, the inspector to reasonably suspect the person has just
     committed an offence against this Act; or
     (c) reasonably believes the person is the person in charge of an
     animal and the inspector proposes to give the person an animal
     welfare direction.
(2) When making the requirement, the inspector must give the person an offence
warning.
(3) The inspector may also require the person to give evidence of the
correctness of the stated name or required address if, in the circumstances, it
would be reasonable to expect the person to--
     (a) be in possession of evidence of the correctness of the stated
     name or address; or
     (b) otherwise be able to give the evidence.
(4) A requirement under this section is called a personal details requirement.
 
164 Failure to comply with personal details requirement
(1) A person of whom a personal details requirement has been made must comply
with the requirement unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
(2) It is a reasonable excuse if--
     (a) the requirement was given because the inspector giving it
     suspected the person has committed an offence against this Act; and
     (b) the person is not proved to have committed the offence.
 
165 Power to require information
(1) This section applies if--
     (a) an inspector reasonably suspects--
          (i) this Act has been contravened; and
          (ii) a person may be able to give information about the
          contravention; or
     (b) an animal welfare direction has been given and an inspector
     reasonably believes a veterinary surgeon or other person may be able
     to give information about whether the direction has been complied
     with.
(2) The inspector may require (an information requirement) the person to give
information in the person's knowledge about the contravention or about whether
the direction has been complied with in a stated reasonable time and in a
stated reasonable way.
(3) When making the requirement, the inspector must give the person an offence
warning.
 
166 Failure to comply with information requirement
(1) A person of whom an information requirement has been made must comply with
the requirement unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
(2) It is a reasonable excuse--
     (a) for an individual not to give information if giving the
     information might tend to incriminate the person; or
     (b) if the information sought by the requirement is not in fact
     relevant to--
          (i) for a requirement about a suspected contravention of
          this Act--the suspected contravention; or
          (ii) for a requirement about whether an animal welfare
          direction has been complied with--the compliance or non-
          compliance with the direction.
 
167 False or misleading statements
(1) A person must not state anything to an inspector that the person knows is
false or misleading in a material particular.
Maximum penalty--50 penalty units.
(2) Subsection (1) applies even if the statement was not made in response to,
or in purported compliance with, a personal details requirement or an
information requirement or another specific requirement under a specific power.
 
168 Power to require production of documents
(1) An inspector may require (a document production requirement) a person to
make available for inspection by an inspector, or produce to the inspector for
inspection, at a stated reasonable time and place a document--
     (a) required to be held or kept by the person under--
          (i) this Act; or
          (ii) another Act or a law of the Commonwealth or another
          State if the document relates to the transportation of live
          animals; or
     (b) in the person's possession about a stated matter relating to this
     Act.
(2) The inspector may keep the document to copy it.
(3) The inspector must return the document to the person as soon as practicable
after copying it.
 
169 Failure to comply with document production requirement
(1) A person of whom a document production requirement has been made must
comply with the requirement unless the person has a reasonable excuse.
Maximum penalty--50 penalty units.
(2) It is a reasonable excuse for an individual not to comply with a document
production requirement if complying with the requirement might tend to
incriminate the person.
(3) However, subsection (2) does not apply if the document is required to be
held or kept by the person under--
     (a) this Act; or
     (b) another Act or a law of the Commonwealth or another State if the
     document relates to the transportation of live animals.
 
170 False or misleading documents
(1) A person must not give an inspector a document containing information the
person knows is false or misleading in a material particular.
Maximum penalty--50 penalty units.
(2) Subsection (1) applies even if the document was not given in response to,
or in purported compliance with, a document production, information or personal
details requirement or another specific requirement under another specific
power.
 
171 Application of pt 3
(1) This part applies if--
     (a) an inspector damages something when exercising, or purporting to
     exercise, a power; or
     (b) a person helping an inspector to exercise the inspector's powers
     damages something.
(2) However, this part does not apply to damage the inspector reasonably
considers is trivial or if the inspector reasonably believes--
     (a) there is no-one apparently in possession of the thing; or
     (b) the thing has been abandoned.
 
172 Requirement to give notice
(1) The inspector must promptly give notice of the damage to the person who
appears to the inspector to be the owner or person in possession of the thing.
(2) However, if for any reason it is not practicable to comply with subsection
(1), the inspector must--
     (a) leave the notice at the place where the damage happened; and
     (b) ensure it is left in a conspicuous position and in a reasonably
     secure way.
(3) The inspector may delay complying with subsection (1) or (2) if the
inspector reasonably suspects complying with the subsection may frustrate or
otherwise hinder an investigation by the inspector.
(4) The delay may be only for so long as the inspector continues to have the
reasonable suspicion and remains in the vicinity of the place.
 
173 Content of notice
(1) A notice of damage under section 172 must state--
     (a) particulars of the damage; and
     (b) that the person who suffered the damage may claim compensation
     under section 191.
(2) If the inspector believes the damage was caused by a latent defect in the
thing or circumstances beyond the control of the inspector or a person helping
the inspector, the inspector may state the belief in the notice.
 
174 Application of div 1
This division applies to a proceeding under or in relation to this Act.
 
175 Appointments and authority
The following must be presumed unless a party to the proceeding, by reasonable
notice, requires proof of it--
     (a) the appointment of an authorised officer or inspector;
     (b) the power of the chief executive, an authorised officer or
     inspector to do anything under this Act.
 
176 Signatures
A signature purporting to be the signature of the chief executive, an
authorised officer or inspector is evidence of the signature it purports to be.
 
177 Other evidentiary aids
A certificate purporting to be signed by the chief executive stating any of the
following matters is evidence of the matter--
     (a) a stated document is a thing as follows given, issued, kept or
     made under this Act--
          (i) an appointment, approval or decision;
          (ii) an animal welfare direction;
          (iii) a code of practice;
          (iv) a direction, notice or requirement;
          (v) a licence or permit;
          (vi) a record;
          (vii) the register;
     (b) a stated document is another document kept under this Act;
     (c) a stated document is a copy of, or an extract from or part of, a
     thing mentioned in paragraph (a) or (b);
     (d) that, on a stated day--
          (i) a stated person was given a stated decision, direction
          or notice under this Act; or
          (ii) a stated requirement under this Act was made of a
          stated person;
     (e) on a stated day, or during a stated period, a stated person was
     or was not registered or the person's registration was suspended;
     (f) a person's registration details on a stated day or during a
     stated period;
     (g) a stated amount is payable under this Act by a stated person.
 
178 Offences under Act are summary
(1) An offence against this Act is a summary offence.
(2) A proceeding for the offence must start within the later of the following
periods to end--
     (a) 1 year after the commission of the offence;
     (b) 6 months after the offence comes to the complainant's knowledge,
     but within 2 years after the commission of the offence.
 
179 Statement of complainant's knowledge
In a complaint starting a proceeding for an offence against this Act, a
statement that the matter of the complaint came to the complainant's knowledge
on a stated day is evidence the matter came to the complainant's knowledge on
that day.
 
180 False or misleading statements
(1) This section applies to a proceeding for an offence against this Act
defined as involving--
     (a) false or misleading information; or
     (b) a false or misleading document or statement.
(2) It is enough for the complaint starting the proceeding to state the
document, information or statement was 'false or misleading' to the defendant's
knowledge, without specifying which.
(3) In the proceeding, evidence that the document, information or statement was
given or made recklessly is evidence that it was given or made so as to be
false or misleading.
 
181 Conduct of representatives
(1) This section applies to a proceeding for an offence against this Act if it
is relevant to prove a person's state of mind about particular conduct.
(2) It is enough to show--
     (a) the conduct was engaged in 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.
(3) Conduct engaged in for a person by a representative of the person within
the scope of the representative's actual or apparent authority is taken to have
been engaged in also by the person unless the person proves--
     (a) if the person was in a position to influence the representative
     in relation to the conduct--the person took reasonable steps to
     prevent the conduct; or
     (b) the person was not in a position to influence the representative
     in relation to the conduct.
(4) In this section--
engaging in conduct includes failing to engage in conduct.
representative means--
     (a) for a corporation--an agent, employee or executive officer of the
     corporation; or
     (b) for an individual--an agent or employee of the individual.
state of mind of a person includes the person's--
     (a) belief, intention, knowledge, opinion or purpose; and
     (b) reasons for the belief, intention, opinion or purpose.
 
182 Disposal order
(1) The court may order (a disposal order) the disposal or forfeiture of any of
the following things that a person convicted of an animal welfare offence owns-
-
     (a) the animal or anything else that was the subject of, or used to
     commit, the offence;
     (b) another animal;
     (c) another thing the court considers is likely to be used in
     committing a further animal welfare offence.
(2) If a disposal order orders the sale of an animal, the order may direct--
     (a) the way in which the sale is to take place; or
     (b) how the proceeds of the sale are to be distributed.
 
183 Prohibition order
(1) The court may order (a prohibition order) that a person convicted of an
animal welfare offence must not purchase or otherwise acquire or take
possession of--
     (a) any animal; or
     (b) a stated type of animal; or
     (c) any animal, or a stated type of animal, for trade or commerce or
     another stated purpose.
(2) A prohibition order may be made permanently or for a stated period.
 
184 Order against owner in certain cases
(1) This section applies if--
     (a) a person has been convicted of an animal welfare offence; and
     (b) someone else (the owner) owns the animal the subject of the
     offence.
(2) The court may make a disposal or prohibition order against the owner as if
the owner had been convicted of the offence if the court considers--
     (a) an act done, or omission made, by the owner contributed to, or
     allowed, the commission of the offence; and
     (b) the owner is, and will continue to be, incapable of exercising
     the owner's duty of care to the animal.
 
185 Criteria for making disposal or prohibition order
(1) The court may make a disposal or prohibition order against a person only if
the court is satisfied, on the balance of probabilities, it is just to make the
order in the circumstances.
(2) In considering whether it is just to make the order, the court must
consider the following--
     (a) the nature of the animal welfare offence to which the hearing
     relates;
     (b) the effect of the offence on any animal that was the subject of,
     or used to commit, the offence;
     (c) the welfare of the animal and any other animal owned by the
     person;
     (d) the likelihood of the person committing another animal welfare
     offence.
(3) Subsection (2) does not limit the matters the court may consider.
(4) The court may make the order, to the extent it relates to an animal,
whether or not it considers another animal welfare offence is likely to be
committed in relation to the animal.
 
186 Procedure and powers for making disposal or prohibition order
(1) A disposal or prohibition order may be made only--
     (a) at the court's initiative; or
     (b) on an application by the prosecution, which may be made at any
     time.
(2) The court must not make an order under section 184 unless the owner under
that section has been given an opportunity to be heard about whether the order
should be made.
(3) In deciding whether to make another disposal or prohibition order, the
court--
     (a) may require notice to be given to anyone the court considers
     appropriate, including, for example, the animal's owner if the person
     against whom the order is sought is not the owner; and
     (b) must not refuse to hear a person to whom the notice is given.
(4) The court may make a disposal order and a prohibition order against the
same person in relation to the same offence.
 
187 Contravention of prohibition order unlawful
A person against whom a prohibition order has been made must not unlawfully
contravene the order.
Maximum penalty--300 penalty units or 1 year's imprisonment.
 
188 Review of certain prohibition orders
(1) This section applies if a prohibition order has been made against a person
permanently or for a stated period of 5 years or more.
(2) The court that made the prohibition order (whether or not constituted by
the same judicial officer) may, on the application of the person, amend or
cancel the order (a review order).
(3) However--
     (a) the person can not apply for a review order if the person has
     within 12 months applied for a review order in relation to the
     prohibition order; and
     (b) the court must not make a review order within 5 years after the
     prohibition order was made.
(4) The applicant must give the chief executive notice of the application.
(5) In deciding the application, the court must--
     (a) give the chief executive and anyone else it considers appropriate
     an opportunity to be heard; and
     (b) consider the matters mentioned in section 185(2) in relation to
     the prohibition order and any change relevant to the matters since
     the order was made.
 
189 Recovery of seizure, compliance or destruction costs
(1) This section applies if the State or a prescribed entity has incurred a
cost for an inspector employed or engaged by it to do 1 or more of the
following acts in relation to an animal--
     (a) if the animal has, under chapter 6, part 2, been seized--
          (i) taking possession of, or moving, the animal; or
     Example for subparagraph (i)--
     the costs of mustering, unloading or yarding cattle
          (ii) taking action to restrict access to the animal; or
          (iii) providing it with accommodation, food, rest, water or
          other living conditions; or
          (iv) arranging for it to receive veterinary or other
          treatment;
     (b) if an animal welfare direction given in relation to the animal
     has not been complied with--taking action to ensure the direction is
     complied with;
     (c) if the animal has been destroyed under section 162--destroying
     it.
(2) The State or entity may recover the cost from the animal's owner or former
owner if the incurring of the cost was necessary and reasonable--
     (a) in the interests of the animal's welfare or to destroy it; or
     (b) if the animal has been destroyed under section 162--for the
     destruction.
(3) However, if a cost mentioned in subsection (1)(a)(iii) or (iv) was for a
period during which the animal was kept under section 152(2)(d), it may be
recovered only if the animal's retention was reasonably required as evidence.
 
190 Compensation because of animal welfare offence
(1) A court may order a person convicted of an animal welfare offence to--
     (a) pay compensation to a person who, because of the commission of
     the offence, has--
          (i) suffered damage or loss to property; or
          (ii) incurred costs in avoiding or minimising, or
          attempting to avoid or minimise, damage or loss to
          property; or
     (b) pay a person an amount for costs incurred by the person in--
          (i) taking possession of, or moving, the animal; or
     Example for subparagraph (i)--
     the costs of mustering, unloading or yarding cattle
          (ii) providing it with accommodation, food, rest, water or
          other living conditions; or
          (iii) arranging for it to receive veterinary or other
          treatment.
(2) However, an order under subsection (1) can not be made in favour of the
State or a prescribed entity.
 
191 Compensation because of exercise of powers
(1) A person may claim compensation from the State if the person incurs a cost,
damage or loss because of the exercise, or purported exercise, of a power under
chapter 5 or 6, other than because of a lawful seizure.
(2) Without limiting subsection (1), compensation may be claimed for a cost,
damage or loss incurred in complying with an action, document production, help,
information or personal details requirement made of the person.
 
192 General provisions for orders under pt 3
(1) Compensation or costs that may be recovered under this part may be claimed
and ordered in a proceeding--
     (a) brought in a court of competent jurisdiction; or
     (b) for an offence against this Act to which the claim relates.
(2) A court may order the payment of compensation only if it is satisfied it is
just to make the order in the circumstances of the particular case.
(3) In considering whether it is just to order compensation, the court must
have regard to any relevant offence committed by the claimant.
(4) A regulation may prescribe other matters that may, or must, be taken into
account by the court when considering whether it is just to order compensation.
     Note--
     See also sections 9 (Act does not affect other rights or remedies)
     and 204(2) (Particular powers about seizure or forfeiture).
 
193 Internal review process
Every appeal against, or external review of, an original decision must be in
the first instance by way of an application for internal review.
 
194 Who may apply for internal review
An interested person for an original decision may apply to the chief executive
for an internal review of the decision (an internal review application).
 
195 Requirements for making application
(1) An internal review application must be--
     (a) in the approved form; and
     (b) supported by enough information to enable the chief executive to
     decide the application; and
     (c) made within 14 days after the applicant is given the information
     notice about the original decision the subject of the application.
(2) However, the chief executive may, at any time, extend the time for making
an internal review application.
 
196 Stay of operation of original decision
(1) An internal review application does not stay the original decision the
subject of the application.
(2) However, the applicant may immediately apply for a stay of the original
decision to the relevant body.
(3) The relevant body may stay the original decision to secure the
effectiveness of the internal review and a later appeal to the court or
external review by QCAT.
(4) The stay--
     (a) may be given on conditions the relevant body considers
     appropriate; and
     (b) operates for the period fixed by the relevant body; and
     (c) may be amended or revoked by the relevant body.
(5) The period of the stay must not extend past the time when the chief
executive makes an internal review decision about the original decision and any
later period the relevant body allows the applicant to enable the applicant to
appeal against, or apply for an external review of, the internal review
decision.
(6) An internal review application affects the original decision, or carrying
out of the decision, only if the decision is stayed.
(7) In this section--
relevant body means--
     (a) for an original decision to seize or forfeit an animal or other
     thing--the Magistrates Court; or
     (b) for another original decision--QCAT.
 
197 Internal review
(1) The chief executive must, within 20 days after receiving an internal review
application made under section 195--
     (a) conduct an internal review of the original decision the subject
     of the application; and
     (b) make a decision (the internal review decision) to--
          (i) confirm the original decision; or
          (ii) amend the original decision; or
          (iii) substitute another decision for the original
          decision.
(2) The application must not be dealt with by--
     (a) the person who made the original decision; or
     (b) a person in a less senior office than the person who made the
     original decision.
(3) Subsection (2)--
     (a) applies despite the Acts Interpretation Act 1954, section 27A;
     and
     (b) does not apply to an original decision made by the chief
     executive personally.
(4) If the internal review decision confirms the original decision, for the
purpose of an appeal or external review, the original decision is taken to be
the internal review decision.
(5) If the internal review decision amends the original decision, for the
purpose of an appeal or external review, the original decision as amended is
taken to be the internal review decision.
 
198 Notice of internal review decision
(1) The chief executive must, within 10 days after making an internal review
decision, give the applicant notice (the internal review notice) of the
decision.
(2) If the internal review decision is not the decision sought by the
applicant, the internal review notice must--
     (a) for an original decision to seize or forfeit an animal or other
     thing, state the following--
          (i) the reasons for the decision;
          (ii) that the applicant may, within 28 days after the
          notice is given, appeal against the decision to the
          Magistrates Court;
          (iii) how to appeal;
          (iv) that the applicant may apply to the court for a stay
          of the decision; or
     (b) for another decision--be accompanied by a QCAT information notice
     for the decision.
(3) If the chief executive does not give the internal review notice within the
10 days, the chief executive is taken to have made an internal review decision
confirming the original decision.
(4) For a decision mentioned in subsection (2)(b), the chief executive must
give an information notice only if this Act so requires.
 
198A Who may apply for external review
If an interested person has applied for an internal review of an original
decision, other than an original decision to seize or forfeit an animal or
other thing, any interested person for the decision may apply, as provided
under the QCAT Act, to QCAT for an external review of the decision.
 
199 Who may appeal
If an interested person has applied for an internal review of an original
decision to seize or forfeit an animal or other thing, any interested person
for the decision may appeal against the internal review decision to the
Magistrates Court.
 
200 Starting appeal
(1) An appeal is started by--
     (a) filing notice of appeal with the clerk of the Magistrates Court;
     and
     (b) serving a copy of the notice on the chief executive; and
     (c) complying with rules of court applicable to the appeal.
(2) The notice of appeal must be filed within 28 days after the appellant
receives notice of the internal review decision appealed against.
(3) However, the court may, at any time, extend the time for filing the notice
of appeal.
(4) The notice of appeal must state fully the grounds of the appeal and the
facts relied on.
 
201 Stay of operation of internal review decision
(1) The Magistrates Court may grant a stay of the operation of an internal
review decision appealed against to secure the effectiveness of the appeal.
(2) A stay--
     (a) may be granted on conditions the court considers appropriate; and
     (b) operates for the period fixed by the court; and
     (c) may be amended or revoked by the court.
(3) The period of a stay stated by the court must not extend past the time when
the court decides the appeal.
(4) An appeal against a decision affects the decision, or the carrying out of
the decision, only if the decision is stayed.
 
202 Hearing procedures
(1) In deciding an appeal, the Magistrates Court--
     (a) has the same powers as the chief executive in making the internal
     review decision appealed against; and
     (b) is not bound by the rules of evidence; and
     (c) must comply with natural justice.
(2) An appeal is by way of rehearing, unaffected by the internal review
decision.
 
203 Court's powers on appeal--general
(1) In deciding an appeal, the Magistrates Court may--
     (a) confirm the internal review decision appealed against; or
     (b) set aside the decision and substitute another decision; or
     (c) set aside the decision and return the matter to the chief
     executive with directions the court considers appropriate.
(2) If the court substitutes another decision, the substituted decision is
taken, for the purposes of this Act, other than this part, taken to be the
internal review decision.
 
204 Particular powers about seizure or forfeiture
(1) If the Magistrates Court confirms an internal review decision about
forfeiture, it may also give directions about the sale or disposal of the
animal or other thing.
(2) If the court sets aside an internal review decision about seizure or
forfeiture, it may also--
     (a) order the return of the animal or other thing; or
     (b) make another order it considers appropriate for its disposal; or
     (c) make an order under section 191.
(3) However, the court must not order the return to a person of any of the
following seized things--
     (a) an animal or other thing that may be evidence in a proceeding
     started in relation to the thing seized;
     (b) a thing that has been destroyed because it has no intrinsic
     value;
     (c) a thing that has been disposed of because it was perishable;
     (d) a thing the person may not lawfully possess.
 
205 Appeal to District Court
An appeal lies to a District Court from a decision of the Magistrates Court,
but only on a question of law.
 
206 Obstruction of authorised officer or inspector
(1) A person must not obstruct an authorised officer or inspector in the
exercise of a power unless the person has a reasonable excuse.
Maximum penalty--500 penalty units.
(2) If a person has obstructed an authorised officer or inspector and the
officer or inspector decides to proceed with the exercise of the power, the
officer or inspector must warn the person that--
     (a) it is an offence to obstruct the officer or inspector unless the
     person has a reasonable excuse; and
     (b) the officer or inspector considers the person's conduct an
     obstruction.
(3) In this section--
obstruct includes assault, hinder, resist and attempt or threaten to obstruct.
 
207 Impersonation of authorised officer or inspector
A person must not pretend to be an authorised officer or inspector.
Maximum penalty--250 penalty units.
 
208 False or misleading entry in document kept under Act
A person must not make an entry in a document permitted or required to be made
or kept under this Act knowing the entry to be false or misleading in a
material particular.
Maximum penalty--50 penalty units.
 
209 Executive officers must ensure corporation complies with Act
(1) The executive officers of a corporation must ensure the corporation
complies with this Act.
(2) If a corporation commits an offence against a provision of this Act, each
of its executive officers also commits an offence, namely, the offence of
failing to ensure the corporation complies with the provision.
Maximum penalty--the penalty for the contravention of the provision by an
individual.
(3) Evidence that the corporation has been convicted of an offence against a
provision of this Act is evidence that each of its executive officers committed
the offence of failing to ensure that the corporation complies with the
provision.
(4) However, it is a defence for an executive officer to prove that--
     (a) if the officer was in a position to influence the conduct of the
     corporation in relation to the offence--the officer exercised
     reasonable diligence to ensure the corporation complied with the
     provision; or
     (b) the officer was not in a position to influence the conduct of the
     corporation in relation to the offence.
(5) It is also a defence in a proceeding against an executive officer for the
officer to prove information that tended to incriminate the corporation was
obtained under a help requirement or document production requirement.
 
210 Attempts to commit offences
(1) A person who attempts to commit an offence against this Act commits an
offence.
Maximum penalty for an attempt--half the maximum penalty for the completed
offence.
(2) The Criminal Code, section 4 applies to subsection (1).
 
211 Minister may establish advisory bodies
The Minister may establish an animal welfare advisory committee or another body
to advise the Minister on animal welfare issues.
 
212 Delegations
(1) The Minister may delegate the Minister's powers under this Act to the chief
executive or an appropriately qualified officer of the department.
(2) The chief executive may delegate the chief executive's powers under this
Act to an appropriately qualified person as follows--
     (a) an authorised officer or inspector;
     (b) a public service officer or employee;
     (c) a local government officer or employee;
     (d) a prescribed entity.
(3) In this section--
appropriately qualified includes having the qualifications, experience or
standing appropriate to the exercise of the power.
     Example of standing--
     a person's classification level in the public service
 
213 Electronic applications
(1) This section applies if--
     (a) this Act requires an application to be made in an approved form;
     and
     (b) the form provides that the application may be made at a stated e-
     mail address.
(2) The application may be made by electronically communicating the information
required by the approved form in a format substantially similar to the approved
form.
 
214 Electronic notices about applications
(1) This section applies if an application under this Act has been made in an
approved form, whether or not it has been made under section 213.
(2) A notice from the applicant to the chief executive about the application
may be given by electronically communicating it to an e-mail address for
service for the chief executive stated in the approved form.
(3) A notice from the chief executive to the applicant about the application
may be given by communicating it to an e-mail address for service for the
applicant stated in the application.
 
214A Transferring ownership of animal in particular circumstances
(1) This section applies if--
     (a) an inspector has entered a place under chapter 6, part 2; and
     (b) the owner of an animal at the place agrees to transfer ownership
     of the animal to the State or a prescribed entity, other than under
     section 142(3); and
     (c) the inspector is satisfied the transfer of ownership is to ensure
     the animal's welfare.
(2) The animal becomes the property of the State or the prescribed entity when
the chief executive or entity agrees in writing to the transfer.
 
215 Protection from liability
(1) This section applies to each of the following persons (a relevant person)--
     (a) the chief executive;
     (b) an authorised officer;
     (c) an inspector;
     (d) if an authorised officer or inspector has asked someone else to
     help the officer or inspector to exercise a power under this Act and
     the other person is giving the help--the other person;
     (e) a person who, under this Act, is required to comply with a
     direction, order or requirement as follows and is complying with the
     direction, order or requirement--
          (i) an action requirement;
          (ii) a disposal order;
          (iii) a document production requirement;
          (iv) a help requirement;
          (v) an information requirement;
          (vi) a seizure direction.
(2) A relevant person is not civilly liable to someone for an act done, or
omission made, honestly and without negligence under this Act.
(3) If subsection (2) prevents a civil liability attaching to a relevant
person, the liability attaches instead to the State.
(4) In this section--
civil liability includes liability for the payment of costs ordered to be paid
in a proceeding for an offence against this Act.
 
216 Approved forms
The chief executive may approve forms for use under this Act.
 
217 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) A regulation may be made about any of the following--
     (a) animal accommodation;
     (b) the confinement of animals;
     (c) animal transportation;
     (d) using animals as follows--
          (i) for advertisements, films, photographs or television
          programs;
          (ii) as companion animals;
          (iii) for commercial, recreational or scientific purposes;
          (iv) in entertainment;
          (v) for medical or surgical procedures;
          (vi) in pet shops;
     (e) licences or permits for regulating a use of animals mentioned in
     paragraph (d) and the conditions of a licence or permit;
     (f) medical or surgical procedures for animals;
     (g) record keeping by--
          (i) a licence or permit holder; or
          (ii) a registered person;
     (h) electrical devices that may, or must not, be used on any animal
     or a stated species of animal;
     (i) charges payable, costs or fees under this Act and the following--
          (i) the matters in relation to which the fees are payable;
          (ii) the amounts of the fees;
          (iii) the persons who are liable to pay the fees;
          (iv) when the fees are payable;
          (v) the recovery of an amount of the fees not paid.
(3) A regulation may impose a penalty of no more than 20 penalty units for
contravention of a regulation.
 
218 Reporting obligation of registered person
(1) This section applies to a registered person if, under section 87 as in
force before the commencement, the person has given the chief executive an
annual report for the period ending on 30 April 2006 or a new reporting day for
that period.
(2) For the registered person's first annual report after the report mentioned
in subsection (1), section 87 as in force after the commencement applies to the
person as if a reference in section 87(1) to the period from 1 January to 31
December were a reference to--
     (a) if the person's annual report mentioned in subsection (1) was for
     the period ending on 30 April 2006--the period from 1 May to 31
     December; or
     (b) if the person's annual report mentioned in subsection (1) was for
     the period ending on a new reporting day--the period from the day
     after the new reporting day to 31 December.
(3) In this section--
annual report means a written report required to be given to the chief
executive under section 87.
commencement means the day this section commences.
new reporting day means a new reporting day under section 87(3).
 
- SCHEDULE DICTIONARY
action requirement see section 140(2).
animal see section 11.
animal ethics committee, for chapter 4, see section 50.
animal welfare direction means an animal welfare direction under--
     (a) section 159; or
     (b) the Police Powers and Responsibilities Act 2000.
animal welfare offence--
     1 An animal welfare offence means an offence against--
          (a) this Act, other than chapter 6, part 2, divisions 2, 3,
          4 and 7 and chapter 8, part 1; or
          (b) the Criminal Code, section 468.
     2 However, an offence by an executive officer of a corporation
     against section 209(2) is only an animal welfare offence if the
     relevant offence by the corporation is an animal welfare offence.
animal welfare offence report, for chapter 4, part 2, division 5, see section
82(1).
approved form means a form approved by the chief executive under section 216.
at, a place, includes in or on the place.
authorised officer means a person who holds appointment as an authorised
officer under this Act.
code of practice means a code of practice made under section 13(1).
compulsory code requirement see section 15(2).
confine an animal includes doing any of the following to it--
     (a) caging or keeping it in captivity in some other way;
     (b) maiming, mutilating or pinioning it or subjecting it to a device
     to hinder or prevent its free movement;
     (c) tethering it.
conviction means--
     (a) generally--a finding of guilt, or the acceptance of a plea of
     guilty, by a court, whether or not a conviction is recorded; and
     (b) for chapter 4--see also section 50.
custody, of an animal, includes care and control of the animal.
debarking operation see section 25(1).
destroy an animal includes disposing of it after it has been killed.
disclosure exemption see section 64(1).
disposal order see section 182(1).
disqualifying event, for chapter 4, see section 50.
document production requirement see section 168(1).
duty of care, for a person in charge of an animal, means the duty imposed on
the person under section 17(1).
enter includes--
     (a) generally for a place--re-enter the place; and
     (b) also for a vehicle--board or re-board the vehicle.
entry requirement see section 134(1).
event includes competition, display and race.
executive officer, of a corporation, means a person who is concerned with, or
takes part in, its management, whether or not the person is a director or the
person's position is given the name of executive officer.
exercise a power, under this Act, includes exercise a power under an order,
warrant or another authority issued under this Act.
external review, for a decision, means a review of the decision by QCAT under
the QCAT Act.
help requirement see section 138(1).
identity card of--
     (a) an authorised officer--means the identity card given to the
     officer under section 104(1); or
     (b) an inspector--means the identity card given to the inspector
     under section 119(1).
in, a place, includes at or on the place.
information notice, for a decision of the chief executive or an authorised
officer or inspector, means a notice stating the following--
     (a) the decision;
     (b) the reasons for it;
     (c) that the person to whom the notice is given may apply to the
     chief executive for an internal review of the decision within 14 days
     after the person receives the notice;
     (d) how to apply for an internal review.
information requirement see section 165(2).
inspector means a person who holds appointment as an inspector under this Act.
interested person, for an original decision, means--
     (a) a person who has been given, or is entitled to be given, an
     information notice; and
     (b) if the decision relates to an animal--the person in charge of the
     animal.
internal review application see section 194.
internal review decision see section 197(1)(b).
justice of the peace (qualified) means a justice of the peace (qualified) under
the Justices of the Peace and Commissioners for Declarations Act 1991.
monitoring program see section 95(1).
notice means a written notice.
offence exemption, for chapter 3, part 6, see section 38(1).
offence warning, for a direction or requirement under this Act, means a warning
that, without reasonable excuse, it is an offence for the person to whom the
direction or requirement is given, or of whom it is made, not to comply with
it.
original decision means the decision to do any of the following--
     (a) refuse a registration application;
     (b) impose a registration condition;
     (c) refuse a disclosure exemption application;
     (d) grant a disclosure exemption application for only part of the
     registration details the subject of the application;
     (e) amend registration details;
     (f) cancel or suspend registration;
     (g) refuse an application under section 93;
     (h) seize, under this Act or a warrant, an animal or other thing,
     unless the seizure was in a circumstance mentioned in section 150(1)
     (a) to (c);
     (i) forfeit, under section 154(2), an animal or other thing;
     (j) give an animal welfare direction.
owner, for a thing that has been seized under this Act, includes a person who
would be entitled to possession of the thing had it not been seized.
pain includes distress and mental or physical suffering.
personal details requirement see section 163(4).
person in charge, of an animal, see section 12.
person in control, of a vehicle, includes--
     (a) the vehicle's driver or rider; and
     (b) anyone who reasonably appears to be, claims to be or acts as if
     he or she is, the vehicle's driver or rider or the person in control
     of the vehicle.
place includes the following--
     (a) premises;
     (b) vacant land;
     (c) a vehicle;
     (d) a place in Queensland waters;
     (e) a place held under 2 or more titles or owners;
     (f) the land or water where a building or structure, or a group of
     buildings or structures, is situated.
possession includes control and custody.
premises includes the following--
     (a) a building or structure, or part of a building or structure, of
     any type;
     (b) a group of buildings or structures, or part of a group of
     buildings or structures, of any type;
     (c) a caravan or vehicle;
     (d) a cave or tent;
     (e) premises held under 2 or more titles or owners.
prescribed entity means--
     (a) the Royal Society for the Prevention of Cruelty to Animals
     Queensland Incorporated; or
     (b) another entity prescribed under a regulation whose objects
     include animal welfare or the provision of facilities to care for
     animals.
prohibited event see section 20.
prohibited trap or spur see section 34(1).
prohibition order see section 183(1).
proposed action, for chapter 4, part 2, division 4, see section 75(1)(a).
public place means--
     (a) a place, or part of the place--
          (i) the public is entitled to use, is open to members of
          the public or is used by the public, whether or not on
          payment of money; or
     Examples of a place that may be a public place under subparagraph
     (i)--
     1 a beach
     2 a park
     3 a road
          (ii) the occupier of which allows, whether or not on
          payment of money, members of the public to enter; or
     Examples of a place that may be a public place under subparagraph
     (ii)--
     1 a saleyard
     2 a showground
     (b) a place that is a public place under another Act.
QCAT information notice means a notice complying with the QCAT Act, section 157
(2).
reasonable means reasonable in the circumstances.
reasonably believes means to believe on grounds that are reasonable in the
circumstances.
reasonably suspects means to suspect on grounds that are reasonable in the
circumstances.
register, when used as a noun, means the register of scientific users the chief
executive keeps under section 60.
registered means--
     (a) for a person--registration under chapter 4, part 2, that has not
     been cancelled or suspended; or
     (b) for registration details--included in the register.
registered operator, of a vehicle, means--
     (a) if it is registered in Queensland--the person in whose name the
     vehicle is registered under the Transport Operations (Road Use
     Management) Act 1995; or
     (b) if it is registered in another State--the person in whose name
     the vehicle is registered under the Act of the State that corresponds
     to the Transport Operations (Road Use Management) Act 1995.
registration application see section 52.
registration conditions see section 56.
registration decision, for chapter 4, part 2, division 5, see section 81.
registration details see section 61(3).
release includes cause or permit to be released.
relevant code provisions, for a draft monitoring program, see section 96(1).
scientific purposes see section 48.
scientific use code see section 49.
seize includes keep.
seizure direction see section 146(1).
slaughter, an animal, includes preparing it for slaughter.
stop signal see section 132(1).
supply includes the following--
     (a) give or sell;
     (b) possess for supply;
     (c) offer or agree to give, sell or otherwise supply;
     (d) cause or permit to be given, sold or otherwise supplied.
transport includes--
     (a) contain and load, or cause or permit to be contained or loaded,
     for transport; and
     (b) cause or permit to be transported.
trap includes net.
use includes--
     (a) generally--cause or permit to be used; and
     (b) for an animal--
          (i) acquiring, breeding with, caring for, disposing of or
          identifying the animal; and
          (ii) drive, load, ride, transport and work; and
          (iii) accommodating or providing other living conditions
          for the animal; and
     (c) for premises--keep, manage and occupy; and
     (d) for a trap--set.
vehicle includes an aircraft, boat, trailer, train and tram.
veterinary surgeon means a person registered as a veterinary surgeon under the
Veterinary Surgeons Act 1936.
veterinary treatment, of an animal, means--
     (a) consulting with a veterinary surgeon about the animal's
     condition; or
     (b) a medical or surgical procedure performed on the animal by a
     veterinary surgeon;
     (c) a medical procedure of a curative or preventive nature performed
     on the animal by someone other than a veterinary surgeon if the
     procedure is performed under a veterinary surgeon's directions.
welfare, of an animal, means issues about the health, safety or wellbeing of
the animal.
 
- NOTES
Page Date to which amendments incorporated 132 Key 132 Table of reprints 133
List of legislation 133 List of annotations 134 List of forms notified or
published in the gazette 137
This is the reprint date mentioned in the Reprints Act 1992, section 5(c).
Accordingly, this reprint includes all amendments that commenced operation on
or before 1 December 2009. Future amendments of the Animal Care and Protection
Act 2001 may be made in accordance with this reprint under the Reprints Act
1992, section 49.
Key      Explanation                  Key       Explanation
AIA    = Acts Interpretation Act 1954 (prev)  = previously
amd    = amended                      proc    = proclamation
amdt   = amendment                    prov    = provision
ch     = chapter                      pt      = part
def    = definition                   pubd    = published
div    = division                     R[X]    = Reprint No. [X]
exp    = expires/expired              RA      = Reprints Act 1992
gaz    = gazette                      reloc   = relocated
hdg    = heading                      renum   = renumbered
ins    = inserted                     rep     = repealed
lap    = lapsed                       (retro) = retrospectively
notfd  = notified                     rv      = revised edition
num    = numbered                     s       = section
o in c = order in council             sch     = schedule
om     = omitted                      sdiv    = subdivision
orig   = original                     SIA     = Statutory Instruments Act 1992
p      = page                         SIR     = Statutory Instruments
                                                Regulation 2002
para   = paragraph                    SL      = subordinate legislation
prec   = preceding                    sub     = substituted
pres   = present                      unnum   = unnumbered
Reprint No. Amendments to            Effective         Reprint date
1           none                     1 March 2002      27 March 2002
Reprint No. Amendments included      Effective         Notes
1A          2002 Act No. 49          24 September 2002
1B          --                       2 March 2003      provs exp 1 March 2003
1C          2002 Act No. 58          1 July 2003
2           --                       26 October 2003   s 24 commenced
2A          2003 Act No. 82          6 November 2003
2B 2rv      2005 Act No. 4           21 March 2005
2C 2rv      2000 Act No. 5 (amd 2006 21 July 2006
            Act No. 26
2D rv       2006 Act No. 48          1 December 2006   R2D rv withdrawn, see R3
3           --                       1 December 2006
3A          2009 Act No. 24          1 December 2009
(The following information about forms is taken from the gazette and is
included for information purposes only. Because failure by a department to
notify or publish a form in the gazette does not invalidate the form, you
should check with the relevant government department for the latest information
about forms (see Statutory Instruments Act, section 58(8)).)

 



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