Animal Protection Act 2018.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The objects of this Act are: (a) to ensure that animals are treated humanely; (b) to prevent cruelty to animals; (c) to promote community awareness about responsibilities and legal obligations associated with the care and protection of animals; and (d) to regulate the activities of persons who use animals for scientific purposes. An animal under the Act is a live member of a vertebrate species, including an amphibian, bird, mammal and reptile, fish in captivity or dependent on a person for food; and crustacean if it is on premises where food is prepared or is offered for retail sale. Under the Act welfare means health, safety and well-being.
The Act establishes the minimum level of care, this includes: (a) appropriate and sufficient food and water; (b) appropriate accommodation and living conditions; and (c) appropriately treated for disease or an injury, or when suffering; and (d) allowed appropriate exercise; (e) is handled only in ways that are appropriate; (f) is confined or restrained only in ways that are appropriate; and (g) is worked, ridden or otherwise used only in ways that are appropriate; (h) is not abandoned; (i) is not used in an organised animal fight.
The Act is organised in 7 Parts; Part 1 Administration provides for CEO's functions and general powers, appointment of officers. The Part also requires the Minister to establish the Animal Welfare Advisory Committee to provide advice to the Minister or the CEO on animal welfare issues, to investigate and report, to examine or develop codes of practice, and provide advice to bodies, organisations or the general community on programs for the improvement of community awareness about animal welfare. Division 4 provides that a regulation may adopt or prescribe codes of practice relating to animal welfare. Part 3 is Care and protection of animals includes obligations and offences, such as cruelty, poisoning, use of spurs and electric devices, prohibited activities. Division 2 gives power to the veterinarian to alleviate suffering. Part 4 regulates scientific users of animals; certification, project approval process and offences. Part 5 establishes that the CEO may develop a monitoring programs under which authorized officers may monitor (a) compliance with a code of practice; or (b) compliance with the scientific use code.
This Act recognises the right of Aboriginal communities to conduct cultural practices and hunting and fishing activities in accordance with their traditional laws and customs. (2) It is a defence to a prosecution for an offence against section 24, other than subsection (3), and against section 25 if: (a) the person is an Aboriginal person; and (b) the conduct complied with Aboriginal traditional law or custom
The Act establishes the minimum level of care, this includes: (a) appropriate and sufficient food and water; (b) appropriate accommodation and living conditions; and (c) appropriately treated for disease or an injury, or when suffering; and (d) allowed appropriate exercise; (e) is handled only in ways that are appropriate; (f) is confined or restrained only in ways that are appropriate; and (g) is worked, ridden or otherwise used only in ways that are appropriate; (h) is not abandoned; (i) is not used in an organised animal fight.
The Act is organised in 7 Parts; Part 1 Administration provides for CEO's functions and general powers, appointment of officers. The Part also requires the Minister to establish the Animal Welfare Advisory Committee to provide advice to the Minister or the CEO on animal welfare issues, to investigate and report, to examine or develop codes of practice, and provide advice to bodies, organisations or the general community on programs for the improvement of community awareness about animal welfare. Division 4 provides that a regulation may adopt or prescribe codes of practice relating to animal welfare. Part 3 is Care and protection of animals includes obligations and offences, such as cruelty, poisoning, use of spurs and electric devices, prohibited activities. Division 2 gives power to the veterinarian to alleviate suffering. Part 4 regulates scientific users of animals; certification, project approval process and offences. Part 5 establishes that the CEO may develop a monitoring programs under which authorized officers may monitor (a) compliance with a code of practice; or (b) compliance with the scientific use code.
This Act recognises the right of Aboriginal communities to conduct cultural practices and hunting and fishing activities in accordance with their traditional laws and customs. (2) It is a defence to a prosecution for an offence against section 24, other than subsection (3), and against section 25 if: (a) the person is an Aboriginal person; and (b) the conduct complied with Aboriginal traditional law or custom
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Long title of text
An Act to provide for care and protection of animals, and for related purposes.
Entry into force notes
1 November 2022
Notes
Including amendments up to Animal Protection Amendment Act 2022(Act No. 19, 2022. As in force at 2 November 2022.
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by
Repeals