Animal Welfare Act 1992 (ACT)
Animal Welfare Act 1992
A1992-45
Republication No 35
Effective: 18 October 2025
Republication date: 18 October 2025
Last amendment made by A2024‑11
(republication for expiry of provision (s 113))
About this republication
The republished law
This is a republication of the Animal Welfare Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 18 October 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 October 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Animal Welfare Act 1992
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4Offences against Act—application of Criminal Code etc 2
4A Objects of Act 3
5 Animal Welfare Authority 3
6 Delegation by authority 4
Part 2 Animal welfare offences
6A Definitions—pt 2 5
6B Failure to provide appropriate care 6
6C Failure to provide animal with water or shelter 7
6D Failure to provide animal with hygienic environment 7
6E Failure to properly groom and maintain animal 8
6F Failure to exercise dog 8
6G Abandoning an animal 9
7 Cruelty 9
7A Aggravated cruelty 10
7B Alternative verdicts—cruelty 11
8 Hitting or kicking animal 11
9 Unlawful confinement of animal 12
9A Keeping laying fowls for commercial egg production—appropriate accommodation 13
9B Keeping pigs—appropriate accommodation 14
9C Removing or trimming beak of fowl 15
10 Assisting injured animal 16
11 Unlawful release of animal 17
12 Administering poison 19
12A Laying poison 19
13 Electrical devices 20
14 Use or possession of prohibited item 21
15 Transport of animals—generally 21
15A Transport of dogs 22
15B Intensive breeding of cats or dogs 23
16 Using unfit animal 24
17 Violent animal activities 26
18 Rodeos and game parks 28
18A Greyhound racing 29
19 Medical and surgical procedures—people other than veterinary practitioners 29
19A Medical and surgical procedures—veterinary practitioners 30
20 Exception—conduct in accordance with approved code of practice or mandatory code of practice 31
Part 3 Codes of practice
21 Contents 32
22 Approved code of practice 33
23 Mandatory code of practice 33
24 Publication 34
24A Reckless failure to comply with mandatory code of practice 35
24B Failure to comply with mandatory code of practice 35
24C Direction to comply with mandatory code 35
24D Failure to comply with direction to comply with mandatory code 36
Part 3A Pet businesses
Division 3A.1 Preliminary
24E Definitions—pt 3A 37
Division 3A.2 Pet business licensing
24F Pet business licence application 38
24G Issue of pet business licence 38
24H Pet business licence term and form 39
24I Conditions for pet business licence 40
24J Transfer application 40
24K Transfer decision 41
24L Renewal application 42
24M Renewal decision 42
24N Amendment of pet business licence 43
24O Authority may request more information 44
Division 3A.3 Pet business offences
24P Pet shops—failure to keep records 44
24Q Pet shops—failure to share records 45
24R Operating pet business without pet business licence 45
24S Breach of pet business licence 46
Part 4 Using or breeding animals for research or teaching
Division 4.1 Licences
25 Using or breeding animals without licence 47
26 Application for licence 48
27 Decision about licence application 48
28 Licence conditions 49
29 Form of licence 50
30 Term of licence 50
31 Licensees—request for information and documents 50
32 Licence renewal 51
33 Licensee to notify change of name or address 51
34 Amendment of licence 51
35 Surrender of licences 53
Division 4.2 Authorisations
35A Meaning of authorised staff member—div 4.2 53
36 Research and teaching using and breeding animals 53
37 Application for authorisation 54
38 Decision about authorisation application 55
39 Authorisation conditions 56
40 Form of authorisation 57
41 Term of authorisation 57
42 Identity card for authorisation holders 57
43 Authorisation holders—request for information and documents 59
44 Authorisation renewal 59
45 Authorisation holder to notify change of name or address 60
46 Amendment of authorisation 60
47 Cessation of effect of authorisation 61
48 Surrender of authorisations 62
Division 4.3 Interstate researchers
49A Notification 62
49B Interstate researchers’ authorisation in the ACT 62
Division 4.4 Animal ethics committees
50 Animal ethics committees 64
Part 5 Circuses and travelling zoos
Division 5.1 Preliminary
51 Meaning of prohibited animal—pt 5 65
Division 5.2 Offences
52 Circuses 65
53 Travelling zoos 66
Division 5.3 Circus and travelling zoo permits
54 Application for circus or travelling zoo permit 67
55 Decision about circus or travelling zoo permit application 68
56 Circus or travelling zoo permit conditions 69
57 Form of circus or travelling zoo permit 70
58 Term of circus or travelling zoo permit 70
59 Circus or travelling zoo permit-holder to notify change of name or address 70
59A Amendment of circus or travelling zoo permit 71
Part 6 Animal trapping
Division 6.1 Trapping offences
60 Steel-jawed traps and prohibited traps 73
62 Trapping—general 74
Division 6.2 Trapping permits
63 Application for trapping permit 75
64 Decision about trapping permit application 75
65 Trapping permit conditions 76
66 Form of trapping permit 77
67 Term of trapping permit 77
68 Trapping permit-holders—request for information and documents 77
69 Trapping permit renewal 78
70 Trapping permit-holder to notify change of name or address 78
71 Amendment of trapping permit 79
72 Surrender of trapping permits 80
Part 6A Regulatory action
73A Definitions—pt 6A 81
73B Grounds for regulatory action 81
73C Regulatory action 83
73D Taking regulatory action 84
73E Immediate suspension 85
73F Effect of suspension 86
73G Return of amended, suspended or cancelled approvals 86
73H Action by regulatory body in relation to amended or suspended approval 87
Part 7 Enforcement
Division 7.1 Preliminary
74 Definitions—pt 7 89
75 Protection from liability 89
75A Public access 90
Division 7.2 Inspectors and authorised officers
76 Inspectors 90
77 Authorised officers 91
78 Identity cards 91
Division 7.3 Powers of inspectors
80 Definitions—div 7.3 92
81 Powers of entry and search 92
81A Power to seize animals—inspectors 94
82 Powers of inspectors 94
82A Direction to give personal details—inspector 96
82B Offence—fail to comply with inspector’s direction to give name and address 97
Division 7.4 Powers of authorised officers
83 Research and educational institutions—powers of entry and search 98
83A Power to seize animals—authorised officers 99
84 Powers of authorised officers 100
84AA Direction to give name and address—authorised officer 101
84AB Offence—fail to comply with authorised officer’s direction to give name and address 102
Division 7.5 Powers of veterinary practitioners
84A Powers of veterinary practitioners regarding seized animals and carcasses 103
Division 7.6 Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners
85 Inspectors and authorised officers 104
86 Veterinary practitioners 106
Division 7.6A Dealing with seized animals
86A Animal welfare entities 107
86B Accommodation of seized animals 107
86C Selling or rehoming seized animals 108
86D Destroying seized animals 109
86E Temporary prohibition on animal ownership etc 109
Division 7.7 Consent to entry, reports and search warrants
87 Definition of officer—div 7.7 111
88 Consent to entry 111
89 Reports 112
90 Search warrants 113
Division 7.8 Offences in relation to veterinary practitioners
91 Obstructing etc veterinary practitioner 114
Division 7.9 Compensation for animal injury and death
93 Definitions—div 7.9 115
94 Right to compensation 115
95 Compensation claims 116
96 Exclusion of civil actions 117
Division 7.10 Evidence
97 Meaning of offence—div 7.10 117
98 Certificate evidence 117
99 Acts and omissions of representatives 119
Division 7.11 Court orders and corporate penalties
100 Meaning of offence—div 7.11 120
100A Animal offences—court orders (interim) 120
101 Animal offences—court orders (general) 121
101A Animal offences—permanent prohibition on animal ownership etc 123
101B Animal offences—setting aside permanent prohibition order 124
101C Prohibition order in special circumstances 125
102 Animal offences—court orders (costs and proceeds of disposal) 127
103 Prohibited item and trap offences—court orders (general) 127
104 Prohibited item and trap offences—court orders (costs and proceeds of disposal) 128
104A Court orders—offences involving violence 128
105 Court orders—procedure and appeals 129
Part 8 Notification and review of decisions
107 Meaning of reviewable decision—pt 8 130
107A Reviewable decision notices 130
108 Applications for review 130
Part 9 Animal welfare advisory committee
109 Establishment and functions 131
Part 10 Miscellaneous
109A Rescuing animal at risk in locked vehicle 132
110 Determination of fees 132
111 Exemptions by regulations 133
112 Regulation-making power 133
Schedule 1 Reviewable decisions 135
Dictionary138
Endnotes
1 About the endnotes 146
2 Abbreviation key 146
3 Legislation history 147
4 Amendment history 152
5 Earlier republications 172
6 Expired transitional or validating provisions 175
Animal Welfare Act 1992
An Act for the promotion of animal welfare, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Animal Welfare Act 1992.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘native animal—see the Nature Conservation Act 2014, section 12.’ means that the term ‘native animal’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
4AObjects of Act
(1)The main objects of this Act are to recognise that—
(a)animals are sentient beings that are able to subjectively feel and perceive the world around them; and
(b)animals have intrinsic value and deserve to be treated with compassion and have a quality of life that reflects their intrinsic value; and
(c)people have a duty to care for the physical and mental welfare of animals.
(2)This is to be achieved particularly by—
(a)promoting and protecting the welfare of animals; and
(b)providing for the proper and humane care, management and treatment of animals; and
(c)deterring and preventing animal cruelty and the abuse and neglect of animals; and
(d)enforcing laws about the matters mentioned in paragraphs (a), (b) and (c).
Animal Welfare Authority
The director‑general must appoint a public servant as the Animal Welfare Authority.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Delegation by authority
(1)The authority may delegate to a public servant or another person a function given to the authority under this Act.
NoteFor the making of delegations and the exercise of a delegated function, see the Legislation Act, pt 19.4.
(2)However, the authority must not delegate a function to a person who is not a public servant without first being satisfied that the function needs to be exercised by a person who is not a public servant.
Part 2Animal welfare offences
6ADefinitions—pt 2
In this part:
confine, an animal, means—
(a)enclose the animal in a pen, vehicle, cage, box or other container or small space; or
(b)otherwise limit or restrict the animal’s freedom of movement, including by—
(i)tying up the animal; or
(ii)using a device on the animal; or
(iii)impairing the animal.
Examples—device
hood, bridle, tether
Example—impairing animal
clipping the feathers of a bird’s wing
cruelty, in relation to an animal, includes the following:
(a)doing, or not doing, something to an animal that causes, or is likely to cause, injury, pain, stress or death to the animal that is unjustifiable, unnecessary or unreasonable in the circumstances;
(b)abusing, terrifying or tormenting the animal.
poison includes glass or anything else that, if ingested by an animal, is likely to kill or injure the animal.
6BFailure to provide appropriate care
(1)A person in charge of an animal commits an offence if the person fails to give the animal—
(a)appropriate food; or
(b)appropriate water; or
(c)appropriate treatment for illness, disease or injury; or
(d)appropriate shelter or accommodation; or
(e)a clean and hygienic living environment; or
(f)appropriate grooming and maintenance; or
(g)appropriate exercise; or
(h)appropriate opportunities to display behaviour that is normal for the animal; or
(i)care that is appropriate for the animal’s wellbeing.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)Subsection (1) does not apply if the person has a reasonable excuse.
Note 1The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code, s 58).
Note 2If an inspector or authorised officer reasonably believes s (1) applies, the inspector or authorised officer may give a written direction to the person to give appropriate care to the animal (see s 85).
(3)In this section:
appropriate, in relation to an animal, means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal.
treatment includes veterinary treatment, including preventative treatment, if a reasonable person would expect veterinary treatment to be sought in the circumstances.
6CFailure to provide animal with water or shelter
(1)A person in charge of an animal commits an offence if—
(a)the person keeps the animal on premises; and
(b)at any time when the animal is on the premises, the animal does not have access to water or shelter.
Maximum penalty: 25 penalty units.
(2)An offence against this section is a strict liability offence.
6DFailure to provide animal with hygienic environment
(1)A person in charge of an animal commits an offence if—
(a)the person keeps the animal on premises; and
(b)the place where the animal is kept is unhygienic for the animal.
Maximum penalty: 25 penalty units.
Examples
1 faeces not removed
2 vermin infestation
(2)An offence against this section is a strict liability offence.
6EFailure to properly groom and maintain animal
(1)A person in charge of an animal commits an offence if—
(a)the person fails to groom or maintain the animal; and
(b)the failure causes, or is likely to cause, injury, pain, stress or death to the animal.
Maximum penalty: 25 penalty units.
Examples
1 eye infection caused by hair growing over eyes
2 impairment caused by unclipped nails
3 skin irritation caused by flea infestation
(2)An offence against this section is a strict liability offence.
6FFailure to exercise dog
(1)A person in charge of a dog commits an offence if—
(a)the dog is confined so that it cannot exercise for a continuous period of 24 hours; and
(b)the dog is not exercised, or allowed to exercise itself, for—
(i)the next 2 hours; or
(ii)the next 1 hour and for another hour in the next 24 hour period.
Maximum penalty: 25 penalty units.
(2)In deciding if a dog is confined so that it cannot exercise, regard must be had to the dog’s age, physical condition and size.
(3)Subsection (1) does not apply if—
(a)the dog is kept in a yard or residence in a way that it can move freely; or
(b)the dog needs to be confined for the dog’s welfare.
Example—par (b)
a dog needs to be confined, on veterinary advice, after a surgical procedure
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)An offence against this section is a strict liability offence.
6GAbandoning an animal
(1)A person in charge of an animal commits an offence if the person—
(a)abandons the animal; and
(b)either—
(i)knows no other person is able to care for, and consents to caring for, the animal; or
(ii)is reckless about whether another person is able to care for, and consents to caring for, the animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person in charge of an animal commits an offence if the person abandons the animal.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Cruelty
A person commits an offence if the person commits an act of cruelty on an animal.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
7AAggravated cruelty
(1)A person commits an offence if—
(a)the person commits an act of cruelty on an animal; and
(b)the act causes the death of the animal; and
(c)the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.
(2)A person commits an offence if—
(a)the person commits an act of cruelty on an animal; and
(b)the act causes serious injury to the animal; and
(c)the person intends to cause, or is reckless about causing, the death of, or serious injury to, the animal.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.
(3)In this section:
causes death or serious injury—a person’s act causes death or serious injury if it substantially contributes to the death or injury.
serious injury, to an animal, means any injury (including the cumulative effect of more than 1 injury) that—
(a)endangers, or is likely to endanger, the animal’s life; or
(b)is, or is likely to be, significant and longstanding.
7BAlternative verdicts—cruelty
(1)This section applies if, in a prosecution for an offence against section 7A (Aggravated cruelty), the trier of fact is not satisfied that the defendant committed the offence, but is satisfied beyond reasonable doubt that the defendant committed an offence against section 7 (Cruelty).
(2)The trier of fact may find the defendant guilty of the offence against section 7, but only if the defendant has been given procedural fairness in relation to that finding of guilt.
Hitting or kicking animal
(1)A person commits an offence if—
(a)the person—
(i)hits an animal; or
(ii)kicks an animal; or
(iii)throws, or otherwise projects, something at an animal and hits the animal; and
(b)the action causes, or is likely to cause, the animal injury, pain, stress or death.
Maximum penalty: 25 penalty units.
(2)An offence against this section is a strict liability offence.
(3)This section does not apply to—
(a)a jockey using a whip on a horse in accordance with a rule of racing; or
(b)a rider of a horse reasonably using a whip, or the rider’s foot, on the horse as part of an equestrian activity; or
(c)an animal handling practice approved by the Minister.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
(4)An approval is a disallowable instrument.
NoteA disallowable instrument must be notified under the Legislation Act.
(5)In this section:
rule of racing means a rule made under the Racing Act 1999, section 19 or section 25.
Unlawful confinement of animal
(1)A person commits an offence if—
(a)the person confines an animal; and
(b)the confinement causes, or is likely to cause, the animal injury, pain or death.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person in charge of an animal commits an offence if—
(a)the person confines the animal; and
(b)the animal is not able to move in a way that is appropriate for the animal because of the confinement.
Maximum penalty: 50 penalty units.
Example
an animal in a crate that cannot stand or turn around
(3)Subsection (2) does not apply if the person has a reasonable excuse.
Examples
1 an animal needs to be confined, on veterinary advice, after a surgical procedure
2 confining an injured animal before taking it to a vet
3 humanely clipping a chicken’s wing to stop it flying out of its enclosure
4 tethering a goat while feeding
NoteThe defendant has an evidential burden in relation to the matter mentioned in s (3) (see Criminal Code, s 58).
(4)A person in charge of an animal commits an offence if—
(a)the person confines the animal in or on a vehicle; and
(b)the confinement causes, or is likely to cause, the animal injury, pain, stress or death.
Maximum penalty: 20 penalty units.
Example
locking an animal in a hot car
(5)An offence against subsection (2) or (4) is a strict liability offence.
9AKeeping laying fowls for commercial egg production—appropriate accommodation
(1)A person commits an offence if—
(a)the person keeps laying fowls for commercial egg production; and
(b)the fowls are not kept in appropriate accommodation.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
appropriate accommodation, for laying fowls kept by a person, means accommodation that is in accordance with, or an improvement on, the conditions stated in the Eggs (Labelling and Sale) Regulation 2019 in relation to—
(a)aviary eggs; or
(b)barn eggs; or
(c)free-range eggs.
NoteAviary eggs, barn eggs and free-range eggs are defined in the Eggs (Labelling and Sale) Act 2001 as eggs laid by hens kept in conditions stated in the Eggs (Labelling and Sale) Regulation 2019.
commercial egg production does not include egg production by a person the main purpose of which is the production of eggs for the person’s own consumption.
laying fowl means a female domesticated chicken (Gallus gallus) that is 16 weeks old or older.
9BKeeping pigs—appropriate accommodation
(1)A person commits an offence if—
(a)the person keeps a pig; and
(b)the pig is not kept in appropriate accommodation.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
appropriate accommodation, for a pig kept by a person, means accommodation—
(a)that allows the pig to—
(i)turn around, stand up and lie down without difficulty; and
(ii)have a clean, comfortable and adequately drained place in which it can lie down; and
(iii)maintain a comfortable temperature; and
(iv)have outdoor access; and
(b)if the accommodation is for more than 1 pig—that allows each pig in the accommodation to lie down at the same time; and
(c)if the person keeps more than 1 pig—that allows the pig to see another pig except if—
(i)the pig is isolated on the advice of a veterinary practitioner; or
(ii)it is a week before, or during, farrowing for the pig.
9CRemoving or trimming beak of fowl
(1)A person commits an offence if the person removes or trims the beak of a fowl.
Maximum penalty: 50 penalty units.
(2)This section does not apply to a veterinary practitioner who removes or trims the beak for a therapeutic purpose.
(3)An offence against this section is a strict liability offence.
(4)In this section:
fowl means a female domesticated chicken (Gallus gallus).
Assisting injured animal
(1)A person commits an offence if the person—
(a)injures an animal; and
(b)does not take reasonable steps to assist with the animal’s injury.
Examples
1contacting a relevant person
2seeking veterinary treatment
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person injures a mammal; and
(b)the person knows, or ought to know because of the circumstances, the animal is injured; and
(c)the person is not a person in charge of the animal; and
(d)the person fails to tell a relevant person, within 2 hours after the injury—
(i)that the animal is injured; and
(ii)the location where the animal was injured.
Maximum penalty: 20 penalty units.
Example—circumstances
if a car hits a mammal—the size of the animal, witness accounts that the driver swerved or braked to avoid the animal or stopped after hitting the animal
(3)An offence against subsection (2) is a strict liability offence.
(4)In this section:
Access Canberra means the business unit known as Access Canberra.
NoteIf the name of Access Canberra changes, the reference to Access Canberra is taken to be a reference to its new name (see Legislation Act, s 183).
relevant person means—
(a)if a domestic animal was injured—a person in charge of the animal; or
(b)the authority; or
(c)an inspector; or
(d)Access Canberra.
Unlawful release of animal
(1)A person commits an offence if the person—
(a)releases an animal from another person’s custody or control; and
(b)does not have the other person’s consent to release the animal; and
(c)is reckless about whether the animal will be injured or killed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if the person—
(a)releases an animal from another person’s custody or control; and
(b)does not have the other person’s consent to release the animal.
Maximum penalty: 50 penalty units.
Examples—par (a)
1 leaves the gate for a yard of cattle open
2 lets an animal out of a car
3 takes a dog off its lead
(3)A person in charge of an animal commits an offence if the person—
(a)keeps the animal on premises; and
(b)fails to stop the animal escaping the premises.
Maximum penalty: 50 penalty units.
Example—par (b)
an animal is kept in a garden with an open gate
(4)An offence against subsection (2) or (3) is a strict liability offence.
(5)This section does not apply if the person has a reasonable excuse.
NoteA person acting honestly and without recklessness may release an animal locked in a motor vehicle in certain circumstances (see s 109A).
(6)This section does not apply to a domestic cat if—
(a)the cat is not required to be contained under territory law; and
(b)the release of the cat is consistent with the reasonable management and control of the cat.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) and (5) (see Criminal Code, s 58).
Administering poison
(1)A person commits an offence if the person administers poison to a domestic or native animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)This section does not apply if—
(a)the person has a reasonable excuse; or
(b)the administration of the poison to the animal is permitted under a territory law.
12ALaying poison
(1)A person commits an offence if the person lays a poison with the intention of killing or injuring a domestic or native animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person lays a poison; and
(b)the person is reckless about causing the death of, or injury to, a domestic or native animal; and
(c)the poison causes the death of, or injury to, a domestic or native animal.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)A person commits an offence if—
(a)the person lays a poison in a way in which the poison is not intended to be used; and
(b)the poison could kill or injure a domestic or native animal.
Maximum penalty: 20 penalty units.
(4)An offence against subsection (3) is a strict liability offence.
Electrical devices
(1)A person commits an offence if—
(a)the person administers an electric shock to an animal; and
(b)the person administers the shock using an electrical device that is not prescribed by regulation for use on that kind of animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if—
(a)the person places a device on, or attaches a device to, an animal; and
(b)the device is able to administer an electric shock to the animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)In this section:
able—a device is able to administer an electric shock even if something needs to happen or be done to administer the shock.
Examples
1 a collar that is able to administer an electric shock by remote control or if the collar nears a boundary fence
2 a collar that has a variable setting that can be turned off and on
Use or possession of prohibited item
(1)A person commits an offence if the person uses an item prescribed by regulation (a prohibited item) on, or in relation to, an animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if the person possesses a prohibited item.
Maximum penalty: 20 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
(4)Subsection (2) does not apply to a person if the person possesses a prohibited item—
(a)only for display; or
(b)as part of a collection that is not intended for use on, or in relation to, an animal.
Transport of animals—generally
(1)A person commits an offence if the person transports an animal in a way that causes, or is likely to cause, the death of or unnecessary injury, pain or stress to the animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)In this section:
transport, an animal, includes—
(a)carry the animal in a moving vehicle by itself or with other animals; and
(b)confine the animal for the purpose of carrying the animal in a vehicle.
15ATransport of dogs
(1)A person commits an offence if—
(a)the person carries a dog in or on a moving vehicle on a road or road related area; and
(b)the dog is not restrained in a way that—
(i)prevents the dog from moving around, out of or off the vehicle; and
(ii)protects the dog from injury when in or on the vehicle.
Maximum penalty: 20 penalty units.
Note 1It is an offence to confine a dog in or on a vehicle if the confinement causes, or is likely to cause the dog injury, pain, stress or death (see s 9 (4)).
Note 2The Road Transport (Public Passenger Services) Regulation 2002 contains offences about confining animals (other than assistance animals) travelling in light rail vehicles (see that regulation, s 70AAD) and bookable vehicles (see that regulation, s 221W and s 227).
(2)This section does not apply—
(a)if the dog—
(i)is an assistance animal, or is being trained or assessed as, an assistance animal; and
(ii)is in the vehicle; or
(b)if the dog is being used to work livestock; or
(c)to a circumstance prescribed by regulation.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)An offence against this section is a strict liability offence.
(4)In this section:
assistance animal—see the Discrimination Act 1991, section 5AA (3).
public passenger vehicle—see the Road Transport (Public Passenger Services) Act 2001, dictionary.
restrain, a dog in relation to a vehicle, means—
(a)using a harness or similar device to secure the dog to the vehicle; or
(b)putting the dog in an enclosure in or on the vehicle.
road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
road-related area—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
vehicle does not include a public passenger vehicle.
15BIntensive breeding of cats or dogs
(1)For this section, the Minister may determine a standard for the breeding of cats or dogs (a breeding standard).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)A breeding standard may provide for any matter that the Minister reasonably considers is appropriate to protect the welfare, safety or health of fertile cats and dogs in relation to breeding.
Examples
1 the minimum age for a dog before first mating
2 the age at which, or number of litters after which, a dog must be retired from breeding
3 the maximum number of litters a cat may have in a 12-month period, or in her lifetime
(4)A person in charge of a female cat or dog commits an offence if the person allows the cat or dog to breed in a way that contravenes a breeding standard.
Maximum penalty: 50 penalty units.
(5)Subsection (4) does not apply if the person allows the cat or dog to breed in accordance with the written approval of a veterinary surgeon.
NoteThe defendant has an evidential burden in relation to the matter mentioned in s (5) (see Criminal Code, s 58).
(6)An offence against subsection (4) is a strict liability offence.
Using unfit animal
(1)A person commits an offence if—
(a)the person uses an animal; and
(b)the animal is unfit for the use; and
(c)the person—
(i)knows the animal is unfit for the use; or
(ii)is negligent about whether the animal is fit for the use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person in charge of an animal commits an offence if—
(a)the person authorises the use of the animal; and
(b)the person—
(i)knows the animal is unfit for the use; or
(ii)is negligent about whether the animal is fit for the use.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if—
(a)the person uses an animal; and
(b)the animal is unfit for the use.
Maximum penalty: 50 penalty units.
Examples
1 the animal has recently given birth
2 the animal is sick or injured
3 the animal is used in a children’s petting zoo and is distressed by the contact
(4)An offence against subsection (3) is a strict liability offence.
(5)In this section:
display, an animal—
(a)means to put an animal in a prominent place for the purposes of making the animal visible to people; and
(b)includes displaying an animal—
(i)for sale; or
(ii)in an exhibition.
show, an animal, means to enter the animal in a show, sport, contest or competition.
use, an animal, includes display, drive, ride, show or work the animal.
Violent animal activities
(1)A person commits an offence if the person takes part in a violent animal activity.
Maximum penalty: 300 penalty units, imprisonment for 3 years or both.
(2)A person commits an offence if the person—
(a)is at a place when a violent animal activity is happening; and
(b)knows, or ought to know, that the activity is happening.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)A person commits an offence if the person—
(a)is at a place where a violent animal activity happens within 2 hours before the activity happens; and
(b)knows, or ought to know, that the activity is happening at the place.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(4)Subsections (2) and (3) do not apply if the person has a reasonable excuse.
(5)This section does not apply to—
(a)the rehabilitation of native animals for release into the wild in a way authorised under a territory law; or
(b)the keeping and display of animals whose normal diet includes live food; or
(c)the mustering and working of stock; or
(d)the hunting or control of animals in a way authorised under a Commonwealth or territory law; or
(e)the catching of fish in a way authorised under a Commonwealth or territory law; or
(f)the use of a trained animal to train or exercise another animal of the same species in accordance with accepted animal husbandry practice in relation to the animal.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 58).
(6)In this section:
live baiting means using an animal, whether alive or dead, to train another animal to chase real or simulated animals when racing or hunting.
stock—see the Stock Act 2005, dictionary.
takes part in—a person takes part in an activity if the person does 1 or more of the following:
(a)organises or conducts the activity;
(b)promotes the activity;
(c)allows the activity to happen on premises, or in a place, owned or occupied by the person;
(d)provides an animal or thing to be used in relation to the activity;
(e)undertakes any other activity relating to the activity.
use, an animal, includes capture, contain or release the animal.
violent animal activity means—
(a)the use of an animal to fight, injure or kill another animal; or
(b)live baiting.
Rodeos and game parks
(1)A person commits an offence if the person conducts or takes part in a rodeo.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)A person commits an offence if the person promotes or conducts a game park.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3)In this section:
game park means premises where—
(a)animals other than fish are confined; and
(b)the taking and killing of those animals as a sport or recreation is permitted on payment of a fee or other consideration.
rodeo means a public exhibition, including a competition, of activities derived from work on a cattle station including riding horses or steers bareback and roping calves.
take, in relation to an animal, includes hunt, shoot, poison, net, snare, spear, pursue, capture and injure the animal.
18AGreyhound racing
(1)A person commits an offence if the person—
(a)conducts, or facilitates the conduct of, a greyhound race in the ACT; or
(b)allows a greyhound kept by the person to take part in a greyhound race conducted in the ACT.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
NoteThe owning and keeping of racing greyhounds is regulated under the Domestic Animals Act 2000, div 2.4A.
(2)In this section:
greyhound race means 1 or more greyhounds racing in competitive pursuit, and includes—
(a)a greyhound trial or training race; and
(b)racing in a test of speed of 1 or more racing greyhounds.
Medical and surgical procedures—people other than veterinary practitioners
(1)A person who is not a veterinary practitioner commits an offence if the person carries out a medical or surgical procedure on an animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)This section does not apply to—
(a)a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary practitioner; or
(b)a medical or surgical procedure carried out in accordance with accepted animal husbandry practice in relation to—
(i)farming and grazing activities; or
(ii)the management of a zoo; or
(iii)the management of native animals; or
(c)a medical or surgical procedure carried out in accordance with a licence or authorisation, subject to any written direction of an animal ethics committee; or
(d)the removal of a dog’s dewclaws not later than 4 days after the day the dog was born.
(3)In this section:
accepted animal husbandry practice does not include a practice prescribed by regulation for this section.
19AMedical and surgical procedures—veterinary practitioners
(1)A veterinary practitioner must not do any of the following for a purpose other than a therapeutic purpose:
(a)dock a dog’s tail;
(b)crop a dog’s ear;
(c)remove a dog’s ear;
(d)perform a clitoridectomy on a dog;
(e)carry out any other procedure prescribed by regulation.
Maximum penalty: 50 penalty units.
(2)A veterinary practitioner must not remove a dog’s dewclaws more than 4 days after the day the dog was born for a purpose other than a prophylactic purpose or a therapeutic purpose.
Maximum penalty: 50 penalty units.
(3)A veterinary practitioner must not carry out a medical or surgical procedure on an animal for a cosmetic purpose only.
Maximum penalty: 50 penalty units.
(4)An offence against this section is a strict liability offence.
Exception—conduct in accordance with approved code of practice or mandatory code of practice
This part (other than the following provisions) does not apply if the conduct making up the offence was in accordance with an approved code of practice or a mandatory code of practice:
(a)section 9A (Keeping laying fowls for commercial egg production—appropriate accommodation);
(b)section 9B (Keeping pigs—appropriate accommodation);
(c)section 9C (Removing or trimming beak of fowl);
(d)section 14 (Use or possession of prohibited item);
(e)section 17 (1) or (2) (Violent animal activities);
(f)section 18 (1) or (2) (Rodeos and game parks);
(g)section 19A (Medical and surgical procedures—veterinary practitioners).
Part 3Codes of practice
Contents
(1)A code of practice may deal with the following matters:
(a)the care and use of animals for scientific purposes;
(b)the use of animals from pounds;
(c)the management and control of companion animals;
(d)the management of companion animals in pounds and shelters;
(e)the development of new breeds of companion animals;
(f)the breeding and selling of cats or dogs with heritable defects;
(g)the use of electric goads;
(h)horse agistment establishments;
(i)animal welfare in rural industry;
(j) animal welfare in intensive farming;
(k)transport of livestock;
(l)animal welfare in the management of saleyards;
(m)livestock and poultry slaughtering establishments;
(n)fishing;
(o)culling of native animals;
(p)control of feral animals;
(q)aerial shooting of animals;
(r)trapping and snaring of animals;
(s)commercial pest control;
(t)commercial keeping and display of animals;
(u)the operation of pet shops and other businesses that buy or sell animals as pets;
(v)the operation of businesses that board animals;
(w)the operation of any other business that deals with pets;
(x)keeping of zoo animals;
(y)animal welfare in the racing industry;
(z)any other matter related to animal welfare.
(2)In this section:
pest does not include a domestic animal or native animal.
Approved code of practice
(1)The Minister may approve a code of practice relating to animal welfare.
NotePower given under an Act to make a statutory instrument (including a code of practice) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
(2)A code of practice is a disallowable instrument.
Note 1A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Note 2 An amendment or repeal of a code of practice is also a disallowable instrument (see Legislation Act, s 46 (2)).
Mandatory code of practice
(1)The Minister may approve a code of practice, or part of a code of practice, relating to animal welfare as mandatory.
(2)An approval must state to whom the mandatory code applies.
(3)Before approving a code under subsection (1) the Minister must be satisfied that adequate consultation has occurred.
(4)A mandatory code of practice is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Publication
(1)The authority must, on or before the date of effect of an approval under section 22 or section 23, give public notice of the approval—
(a)stating the date on which the approval takes effect; and
(b)giving details of where a copy of the approved code of practice may be purchased; and
(c)giving details of where a copy of the approved code of practice may be inspected during office hours; and
(d)containing a statement that the approval is subject to disallowance by the Legislative Assembly under the Legislation Act.
NotePublic notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2)The authority must ensure that—
(a)a copy of the code of practice to which an approval under section 22 or section 23 relates is made available for public inspection at the office of the authority during office hours; and
(b)copies of that code of practice are made available for purchase at each place stated for that purpose in the relevant notice under subsection (1).
(3)In this section:
code of practice includes any document (or part of a document) the provisions of which are applied by the code.
24AReckless failure to comply with mandatory code of practice
A person commits an offence if—
(a)a mandatory code of practice applies to the person; and
(b)the person fails to comply with a requirement of the mandatory code; and
(c)the person is reckless about whether the mandatory code is complied with.
Maximum penalty: 100 penalty units.
24BFailure to comply with mandatory code of practice
(1)A person commits an offence if—
(a)a mandatory code of practice applies to the person; and
(b)the person fails to comply with a requirement of the mandatory code.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply to a person if—
(a)a written direction has been given to the person under section 24C in relation to the requirement; and
(b)the person has complied with the direction.
24CDirection to comply with mandatory code
(1)An inspector or authorised officer may give a person a written direction to rectify a breach of a mandatory code if the inspector or authorised officer believes on reasonable grounds that—
(a)the person is in breach of a requirement of the code; and
(b)the person has not previously been convicted, or found guilty, of an offence under section 24A or section 24B for failing to comply with a requirement of the code.
(2)A direction must—
(a)state the requirement of the code that has been breached and the conduct constituting the breach; and
(b)if appropriate, state what must be done to rectify the breach and, if reasonable, who must do it; and
(c)state a reasonable time within which the person must give the inspector or authorised officer evidence that the direction has been complied with; and
(d)include a statement that the person may be prosecuted under section 24B or section 24D if the person fails to comply with the direction.
(3)The inspector or authorised officer may withdraw a written direction if, after giving the direction to a person, the inspector or authorised officer discovers that the person has previously been convicted, or found guilty, of an offence under section 24A or section 24B.
24DFailure to comply with direction to comply with mandatory code
(1)A person commits an offence if—
(a)an inspector or authorised officer gives the person a direction under section 24C; and
(b)the person fails to comply with the direction.
Maximum penalty: 20 penalty units.
(2)An offence against this section is a strict liability offence.
Part 3APet businesses
Division 3A.1 Preliminary
24EDefinitions—pt 3A
In this part:
board, an animal, includes board the animal during the day or overnight.
breeding licence—see the Domestic Animals Act 2000, section 72A.
pet business—
(a)means—
(i)a pet shop; or
(ii)a business that boards an animal; or
(iii)a business prescribed by regulation; but
(b)does not include—
(i)a veterinary practice that boards an animal; or
(ii)an entity that sells or boards an animal for an animal welfare or benevolent purpose; or
(iii)an entity prescribed by regulation.
Examples—par (b) (ii)
1a foster carer for guide dogs
2the RSPCA
pet shop—
(a)means a business that buys or sells animals to be kept as pets; but
(b)does not include a business that buys or sells animals in accordance with a breeding licence.
Division 3A.2 Pet business licensing
24FPet business licence application
(1)A person may apply to the authority for a licence to operate a pet business.
(2)The application must—
(a)be in writing; and
(b)state—
(i)the applicant’s name; and
(ii)the applicant’s contact details; and
(iii)the applicant’s trading name; and
(iv)the applicant’s proposed trading address or addresses; and
(v)the nature of the pet business; and
(c)describe the premises from which the business will operate; and
(d)include any information prescribed by regulation.
NoteA fee may be determined under s 110 for this provision.
24GIssue of pet business licence
(1)If a person applies for a pet business licence, the authority must, within 30 days—
(a)issue the licence; or
(b)refuse to issue the licence.
NoteA pet business licence may be issued subject to a condition (see s 24I).
(2)The authority may issue the pet business licence to the person only if the authority is satisfied—
(a)about the identity of the applicant or, if the applicant is a corporation, of each relevant person; and
(b)that the person—
(i)intends to carry out the business on suitable premises; and
(ii)meets any requirements for a pet business prescribed by regulation.
(3)In this section:
related corporation means a related body corporate under the Corporations Act.
relevant person, for a corporation, means any of the following:
(a)an executive officer (however described) of the corporation;
(b)a person who may exercise a relevant power in relation to the corporation;
(c)a related corporation;
(d)an executive officer (however described) of a related corporation.
relevant power, for a corporation, means a power—
(a)to take part in a directorial, managerial or executive decision for the corporation; or
(b)to elect or appoint a person as an executive officer (however described) in the corporation; or
(c)to exercise a significant influence in relation to the conduct of the corporation.
24HPet business licence term and form
(1)A pet business licence may be issued for up to 5 years.
(2)A pet business licence must state, in writing—
(a)a unique identifying number for the licence; and
(b)the licensed pet business’s name; and
(c)the licensed pet business’s trading name; and
(d)the nature of the pet business; and
(e)the date the licence expires; and
(f)any condition that applies to the licence.
24IConditions for pet business licence
(1)A pet business licence is subject to—
(a)any condition imposed by the authority when issuing the licence; and
(b)any condition imposed by written notice given to the licensed pet business at any other time; and
(c)any condition prescribed by regulation.
(2)It is also a condition of a pet business licence that the pet business comply with any relevant mandatory code of practice.
(3)The authority may only impose a condition on a licence if satisfied on reasonable grounds the condition is in the interest of animal welfare.
24JTransfer application
(1)A licensed pet business may apply to the authority to transfer a pet business licence to another person (the transferee).
(2)An application must—
(a)be in writing; and
(b)include evidence to show that the licensed pet business and transferee agree to the transfer; and
(c)state—
(i)the transferee’s name; and
(ii)the transferee’s trading name; and
(iii)the transferee’s proposed trading address or addresses; and
(iv)the applicant’s proposed trading address or addresses; and
(v)the nature of the pet business; and
(d)describe the premises from which the business will operate; and
(e)include any information prescribed by regulation.
24KTransfer decision
(1)If a licensed pet business applies to transfer a pet business licence, the authority must, within 30 days—
(a)approve the transfer; or
(b)refuse to approve the transfer.
(2)The authority may approve the transfer to the transferee only if the authority is satisfied—
(a)about the identity of the applicant or, if the applicant is a corporation, of each relevant person; and
(b)that the person—
(i)intends to carry out the business on suitable premises; and
(ii)meets any requirement for a pet business prescribed by regulation.
(3)A transfer is subject to any condition imposed by the authority when approving the transfer.
(4)The authority may only impose a condition on a licence if satisfied on reasonable grounds the condition is in the interest of animal welfare.
(5)In this section:
relevant person—see section 24G (3).
24LRenewal application
(1)A licensed pet business may apply, in writing, to the authority to renew the pet business licence up to 6 months before the licence expires.
(2)The application must—
(a)be in writing; and
(b)state—
(i)the applicant’s name; and
(ii)the applicant’s contact details; and
(iii)the applicant’s trading name; and
(iv)the applicant’s proposed trading address or addresses; and
(v)the nature of the pet business; and
(c)describe the premises from which the business will operate; and
(d)include any information prescribed by regulation.
(3)If a licensed pet business applies to renew a licence, the licence remains in force until the application is decided.
24MRenewal decision
(1)If a licensed pet business applies to renew a licence, the authority must, within 30 days—
(a)renew the licence; or
(b)refuse to renew the licence.
(2)However, if the authority has asked the licensed pet business to do a thing in relation to being a licensed pet business, and the licensed pet business has not yet done the thing, the authority must not renew the licence until the thing is done.
Examples—thing to be done
1 meet condition of licence
2 pay a fee
3 provide information
(3)A licence may be renewed for up to 5 years.
(4)The renewal of a licence—
(a)starts immediately after the licence would have expired if it had not been renewed; and
(b)if there is a condition imposed on the licence—does not affect the condition.
(5)A renewal is subject to any condition imposed by the authority when approving the renewal.
(6)The authority may only impose a condition on a licence if satisfied on reasonable grounds the condition is in the interest of animal welfare.
24NAmendment of pet business licence
The authority may amend a licensed pet business’s pet business licence if—
(a)the authority believes on reasonable grounds that the amendment is in the interest of animal welfare; or
(b)to reflect a change to any of the following:
(i)the licensed pet business’s name;
(ii)the licensed pet business’s trading name;
(iii)the nature of the pet business;
(iv)a trading address for the licensed pet business;
(v)a condition that applies to the licence.
24OAuthority may request more information
(1)This section applies to—
(a)an application for a licence under section 24F; and
(b)an application to transfer a licence under section 24J; and
(c)an application to renew a licence under section 24L.
(2)The authority may ask the applicant to give the authority, within a stated reasonable period, information about the application that the authority reasonably needs to decide the application.
(3)The period within which the authority must make a decision under the provisions mentioned in subsection (1) is extended by the period mentioned in subsection (2).
(4)If the applicant does not comply with a requirement in the request, the authority may refuse to consider the application further.
Division 3A.3 Pet business offences
24PPet shops—failure to keep records
(1)A person commits an offence if the person—
(a)operates a pet shop; and
(b)buys an animal in the course of operating the pet shop; and
(c)does not keep a record of—
(i)the full name and contact details of the person who sold the animal; and
(ii)for an animal bought from the holder of a breeding licence—the breeding licence number.
Maximum penalty: 25 penalty units.
(2)An offence against this section is a strict liability offence.
24QPet shops—failure to share records
(1)A person commits an offence if—
(a)the person operates a pet shop; and
(b)the authority asks to inspect a record required under section 24P (1) (c); and
(c)within 7 days after the day the request is made, the person does not allow the authority to inspect the record.
Maximum penalty: 25 penalty units.
(2)An offence against this section is a strict liability offence.
24ROperating pet business without pet business licence
(1)A person commits an offence if the person—
(a)operates a pet business; and
(b)the person is not licensed to operate the pet business.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
(3)In this section:
not licensed—a person is also not licensed if the person’s pet business licence is suspended, cancelled or expired.
24SBreach of pet business licence
(1)A person commits an offence if the person—
(a)is a licensed pet business; and
(b)fails to comply with a condition of the person’s pet business licence.
Maximum penalty: 50 penalty units.
(2)An offence against this section is a strict liability offence.
Part 4Using or breeding animals for research or teaching
Division 4.1 Licences
Using or breeding animals without licence
(1)A person commits an offence if the person—
(a)uses or breeds an animal for research or teaching; and
(b)the person does not have a licence to do so.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)This section does not apply to—
(a)an authorisation holder, or a person assisting an authorisation holder; or
(b)a person who uses or breeds an animal in the course of employment or engagement by a licensee; or
(c)a person who uses an animal prescribed by regulation for teaching purposes in a preschool or primary school; or
(d)an interstate researcher to whom section 49B (1) applies; or
(e)a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies.
Application for licence
(1)A person may apply to the authority for a licence to use or breed animals for research or teaching, or for both research and teaching, at stated premises.
NoteA fee may be determined under s 110 for this provision.
(2)The authority may, in writing, require the applicant to give the authority additional information in writing or documents that the authority reasonably needs to decide the application.
(3)If the applicant does not comply with a requirement under subsection (2), the authority may refuse to consider the application further.
Decision about licence application
(1)On an application by a person for a licence, the authority must—
(a)grant the licence for the premises stated in the application (the licensed premises); or
(b)refuse to grant the licence.
(2)In deciding whether to grant the licence, the authority must consider—
(a)the applicant’s experience and competency in caring for and handling animals; and
(b)the adequacy of the premises stated in the application, equipment and other facilities for caring for and handling animals; and
(c)the adequacy of arrangements for the provision of veterinary treatment to animals at the premises stated in the application; and
(d)the applicant’s response (or lack of response) to any request for further information under section 26 (2); and
(e)whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 2014; and
(f)whether the applicant has, within the 3 years immediately before the date of the application, been convicted or found guilty of a defined offence; and
(g)any criteria prescribed by regulation.
(3)Subsection (2) does not limit the matters that the authority may consider.
(4)In this section:
applicant includes, if the applicant is a corporation, each executive officer of the corporation.
grant includes grant by way of renewal.
renewal, of a licence, means the grant of the licence that is to begin on the day after the day the licence being renewed ends.
Licence conditions
(1)A licence is subject to any condition—
(a)prescribed by regulation; or
(b)put on the licence by the authority that the authority believes on reasonable grounds is reasonable or necessary in the interests of animal welfare.
Examples of conditions that may be put on a licence
1 a condition about the welfare of the animals to be used by the licensee
2 a condition about the provision of facilities and equipment for the welfare of the animals to be used by the licensee
3 that an approved code of practice must be complied with
NoteThe authority may amend a licence (including by putting a condition on the licence, or amending or removing a condition of the licence) at any time (see s 34).
(2)A licensee commits an offence if the licensee fails to comply with a condition of the licence.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Form of licence
A licence must—
(a)be in writing; and
(b)state the full name and address of the person to whom the licence is granted; and
(c)state the licensed premises; and
(d)state the period for which the licence is granted; and
(e)state any condition put on the licence by the authority.
Term of licence
A licence is granted for the period of not longer than 3 years stated in the licence, and remains in force subject to this Act.
Licensees—request for information and documents
The authority may, in writing, require a licensee to give the authority information in writing or documents that the authority reasonably needs to exercise its functions under this Act in relation to the licence.
Example of information or documents
a copy of a licensee’s evacuation plan for animals in case of a fire
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Licence renewal
(1)This section applies if—
(a)an application is made under section 26 (Application for licence) by a licensee; and
(b)the application is for renewal of the licensee’s licence; and
(c)the application is made not later than 14 days before the day the licence term ends.
(2)The licence remains in force, subject to this Act, until the application is decided under section 27 (Decision about licence application).
(3)If the authority grants the licence applied for, the renewal of the licence begins on the day after the day the licence being renewed ends.
(4)A suspended licence may be renewed, but the renewed licence is suspended until the suspension ends.
(5)In this section:
renewal, of a licence, means the grant of the licence that is to begin on the day after the day the licence being renewed ends.
Licensee to notify change of name or address
(1)If a licensee changes the licensee’s name or address, the licensee must, as soon as practicable but not later than 14 days after the day the change happens, tell the authority, in writing, about the change.
Maximum penalty: 10 penalty units.
(2)An offence against this section is a strict liability offence.
Amendment of licence
(1)The authority may amend a licence at any time in accordance with this section if it believes on reasonable grounds that the amendment is reasonable or necessary in the interests of animal welfare.
(2)The authority may amend a licence on its own initiative or on application by the licensee.
NoteA fee may be determined under s 110 for this provision.
(3)The authority may amend a licence on its own initiative only if the authority has—
(a)given the licensee written notice of the proposed amendment; and
(b)considered any comments made by the licensee in accordance with the notice.
(4)The notice mentioned in subsection (3) (a) must—
(a)include the authority’s grounds for making the proposed amendment; and
(b)invite the licensee to give the authority any comments about the amendment before the end of a stated period of at least 14 days after the day the notice is given to the licensee.
(5)Subsection (3) does not apply to action under section 73D (Taking regulatory action).
NoteSection 107A provides that the authority must give written notice of the decision to each person affected by the decision.
(6)The amendment of a licence takes effect on—
(a)the day the notice of the decision to amend is given to the licensee; or
(b)if the notice states a later date of effect—that date.
(7)A licence amended under this section must be returned to the authority as soon as practicable, but not later than 7 days after the day the notice of the decision to amend is given to the licensee.
(8)In this section:
amend, a licence, includes putting a condition on the licence, or amending or removing a condition of the licence.
condition does not include a condition prescribed by regulation.
Surrender of licences
(1)A licensee may surrender the licence by giving the authority written notice of the surrender and the licence.
(2)The surrender takes effect on—
(a)the day the notice is given to the authority under subsection (1); or
(b)if the notice states a later date of effect—that date.
Division 4.2 Authorisations
35AMeaning of authorised staff member—div 4.2
In this division:
authorised staff member, of a corporation—see section 37 (2).
Research and teaching using and breeding animals
(1)A person employed or engaged by a licensee commits an offence if the person—
(a)conducts a program of research using or breeding animals and the person does not hold a research authorisation for the research; or
(b)conducts a program of teaching using or breeding animals and the person does not hold a teaching authorisation for the teaching.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)This section does not apply to—
(a)a person providing research or teaching assistance for the program; or
(b)an interstate researcher to whom section 49B (1) applies; or
(c)a person who uses or breeds an animal in the course of employment or engagement by an interstate researcher to whom section 49B (1) applies.
Application for authorisation
(1)A person may apply to the animal ethics committee for an authorisation to conduct a program of research or teaching, in relation to the use or breeding of animals at stated licensed premises.
NoteA fee may be determined under s 110 for this provision.
(2)If the applicant is a corporation, the application must include the name and contact details of each individual employed or engaged by the corporation to conduct a program of research or teaching using or breeding animals on behalf of the corporation (an authorised staff member).
(3)The animal ethics committee may, in writing, require the applicant to give the committee additional information in writing or documents that the committee reasonably needs to decide the application.
(4)If the applicant does not comply with a requirement under subsection (3), the animal ethics committee may refuse to consider the application further.
Decision about authorisation application
(1)On an application by a person for an authorisation, the animal ethics committee must—
(a)grant the authorisation to the person to conduct the program of research or teaching stated in the application, for the licensed premises stated in the application; or
(b)refuse to grant the authorisation.
(2)In deciding whether to grant the authorisation, the animal ethics committee must consider—
(a)the experience and competency in caring for and handling animals of—
(i)for an applicant that is an individual—the applicant; or
(ii)for an applicant that is a corporation—each authorised staff member; and
(b)the applicant’s response (or lack of response) to any request for further information under section 37 (3); and
(c)whether the applicant has obtained and kept in force any necessary licences under the Nature Conservation Act 2014; and
(d)within the 3 years immediately before the date of the application, whether—
(i)for an applicant that is an individual—the applicant has been convicted or found guilty of a defined offence; or
(ii)for an applicant that is a corporation—an authorised staff member has been convicted or found guilty of a defined offence; and
(e)any criteria prescribed by regulation.
(3)Subsection (2) does not limit the matters that the animal ethics committee may consider.
(4)In this section:
grant includes grant by way of renewal.
renewal, of an authorisation, means the grant of the authorisation that is to begin on the day after the day the authorisation being renewed ends.
Authorisation conditions
(1)An authorisation is subject to any condition—
(a)prescribed by regulation; or
(b)put on the authorisation by the animal ethics committee that the committee believes on reasonable grounds is reasonable or necessary in the interests of animal welfare.
Examples of conditions that may be put on an authorisation
1 a condition about the use of the animals in the particular program of research or teaching that is to be undertaken
2 a condition about the welfare of the animals in the particular program of research or teaching that is to be undertaken
3 a condition about particular facilities and equipment relevant to the use of the animals in the course of conducting the particular program of research or teaching that is to be undertaken
4 that an approved code of practice must be complied with
NoteThe animal ethics committee may amend an authorisation (including by putting a condition on the authorisation, or amending or removing a condition of the authorisation) at any time (see s 46).
(2)A person commits an offence if the person—
(a)is an authorisation holder; and
(b)fails to comply with a condition of the authorisation.
Maximum penalty: 50 penalty units.
(3)An offence against subsection (2) is a strict liability offence.
Form of authorisation
An authorisation must—
(a)be in writing; and
(b)state why the authorisation is required; and
(c)state the full name and address of the person to whom the authorisation is granted; and
(d)state the licensed premises in relation to which the authorisation is granted; and
(e)state the period for which the authorisation is granted; and
(f)state any condition put on the authorisation by the animal ethics committee.
Term of authorisation
An authorisation is granted for the period of not longer than 3 years stated in the authorisation, and remains in force subject to this Act.
Identity card for authorisation holders
(1)If the animal ethics committee grants an authorisation, the committee must give—
(a)if the authorisation holder is an individual—the individual an identity card stating the individual’s name; or
(b)if the authorisation holder is a corporation—each authorised staff member an identity card stating the staff member’s name and the corporation’s name.
(2)The identity card must show—
(a)if the authorisation holder is an individual—a recent photograph of the individual; and
(b)if the authorisation holder is a corporation—a recent photograph of the authorised staff member; and
(c)anything else prescribed by regulation.
(3)A person commits an offence if—
(a)the person is given an identity card under subsection (1); and
(b)an authorised officer asks to see the person’s identity card; and
(c)the person does not show the officer the card.
Maximum penalty: 5 penalty units.
(4)A person commits an offence if—
(a)the person is given an identity card under subsection (1); and
(b)either—
(i)the relevant authorisation ends; or
(ii)if the identity card relates to more than 1 authorisation—all authorisations end; and
(c)the person does not return the person’s identity card to the animal ethics committee within 7 days after the day the authorisation ends.
Maximum penalty: 5 penalty units.
(5)An offence against this section is a strict liability offence.
Dictionary
(see s 2)
NoteThe Legislation Act contains definitions relevant to this Act. For example:
· ACAT
· chief police officer
· contravene
· Corporations Act
· director‑general (see s 163)
· entity
· fail
· found guilty
· function
· maximum penalty
· may (see s 146)
· Minister (see s 162)
· must (see s 146)
· person (see s 160)
· police officer
· public servant
· reviewable decision notice
· the Territory
· veterinary practitioner.
animal means—
(a)a live member of a vertebrate species, including—
(i)an amphibian; and
(ii)a bird; and
(iii)a fish; and
(iv)a mammal (other than a human being); and
(v)a reptile; or
(b)a live cephalopod; or
(c)a live crustacean intended for human consumption.
animal ethics committee means—
(a)for this Act generally—an animal ethics committee established in accordance with a regulation; and
(b)in relation to a licence—the animal ethics committee whose functions relate to the licence; and
(c)in relation to an application for an authorisation—the animal ethics committee to which the application is made; and
(d)in relation to an authorisation or an authorisation holder—the animal ethics committee that gave the authorisation.
animal welfare entity—see section 86A.
approval, for part 6A (Regulatory action)—see section 73A.
approved code of practice means a code of practice approved under section 22, as in force under this Act.
approved person, for part 6A (Regulatory action)—see section 73A.
authorisation means a research authorisation or teaching authorisation.
authorisation holder means a person granted a research authorisation or a teaching authorisation under section 38 (1) (a).
authorised officer means an authorised officer under section 77.
authorised staff member, of a corporation, for division 4.2 (Authorisations)—see section 37 (2).
authority means the Animal Welfare Authority under section 5.
board, an animal, for part 3A (Pet businesses)—see section 24E.
breeding licence, for part 3A (Pet businesses)—see section 24E.
business premises, for division 7.3 (Powers of inspectors)—see section 80.
circus permit means a circus permit granted under section 55.
circus permit-holder means a person granted a circus permit under section 55 (1) (a).
confine, an animal, for part 2 (Animal welfare offences)—see section 6A.
connected, for part 7 (Enforcement)—see section 74.
cruelty, in relation to an animal, for pt 2 (Animal welfare offences)—see section 6A.
defined offence means—
(a)an offence against this Act; or
(b)an offence in relation to animal welfare under another territory law or a Commonwealth or State law.
director, of a corporation incorporated for a public purpose under a territory law or Commonwealth or State law, includes a member of the corporation.
domestic, in relation to an animal, includes captive.
engage in conduct means—
(a)do an act; or
(b)omit to do an act.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
feral animal means an animal (other than a native animal) that does not live in a domestic state.
identity card means—
(a)in relation to an inspector (other than a police officer), an authorised officer or a delegate of the authority—an identity card issued to the person under section 78; or
NoteThe authority is an inspector (see s 76 (2) (a)).
(b)in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer.
injury, in relation to an animal, includes—
(a)the aggravation, acceleration or recurrence of any physical injury; and
(b)the contraction, aggravation, acceleration or recurrence of a disease.
inspector means an inspector under section 76.
interstate research authorisation means an authorisation (however described) to conduct research, or teach, using animals that—
(a)has been granted under a State law; and
(b)has not been suspended.
interstate researcher means a person who holds an interstate research authorisation.
licence means a licence granted under section 27.
licensed pet business means a person issued a pet business licence under section 24G (1) (a).
licensed premises—see section 27 (Decision about licence application).
licensee means a person granted a licence under section 27 (1) (a).
mandatory code of practice means a code of practice, or part of a code of practice, approved under section 23 as mandatory.
native animal—see the Nature Conservation Act 2014, section 12.
occupier, of premises that an inspector or authorised officer is authorised to enter under part 7, for part 7 (Enforcement)—see section 74.
offence—
(a)for part 7 (Enforcement)—see section 74; and
(b)for division 7.10 (Evidence)—see section 97; and
(c)for division 7.11 (Court orders and corporate penalties)—see section 100.
officer—
(a)for division 7.7 (Consent to entry, reports and search warrants)—see section 87; and
(b)for division 7.9 (Compensation for animal injury and death)—see section 93.
owner, of an injured or dead animal, for division 7.9 (Compensation for animal injury and death)—see section 93.
pain includes suffering and distress.
person in charge, in relation to an animal, means—
(a)the owner of the animal; or
(b)a person having the custody or control of the animal; or
(c)if a person mentioned in paragraph (b) is acting as the employee or agent of someone else—the other person; or
(d)if the animal is confined in a saleyard—the occupier of the saleyard.
pet business, for part 3A (Pet businesses)—see section 24E.
pet business licence means a licence issued under section 24G (1) (a).
pet shop, for part 3A (Pet businesses)—see section 24E.
poison, for part 2 (Animal welfare offences)—see section 6A.
premises—
(a)for this Act generally, includes—
(i)a building or part of a building; and
(ii)a tent, stall or other structure, whether permanent or temporary; and
(iii)land (including water on land) whether or not appurtenant to a building; and
(iv)a vehicle; and
(b)in relation to the exercise of an inspector’s powers, for division 7.3 (Powers of inspectors)—see section 80.
prohibited animal, for part 5 (Circuses and travelling zoos)—see section 51.
prohibited item—see section 14.
regulatory body, for part 6A (Regulatory action)—see section 73A.
research authorisation means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of research in relation to licensed premises.
reviewable decision, for part 8 (Notification and review of decisions)—see section 107.
teaching authorisation means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of teaching in relation to licensed premises.
trapping permit means a permit granted under section 64 (Decision about trapping permit application) for—
(a)domestic or private purposes; or
(b)the purposes of a commercial trapping operation.
trapping permit-holder means a person granted a trapping permit under section 64 (1) (a).
travelling zoo does not include—
(a)for a zoo located in the ACT—the display of the zoo’s animals at a place other than the place where the zoo is permanently located; or
(b)a zoo (however described) the main purpose of which is to make animals available for contact with members of the public.
Example—par (b)
a zoo known as a petting zoo that contains animals such as livestock, poultry and rabbits
travelling zoo permit means a travelling zoo permit granted under section 55.
travelling zoo permit-holder means a person granted a travelling zoo permit under section 55 (1) (a).
vehicle includes a caravan, trailer or vessel.
veterinary treatment, in relation to an animal, means—
(a)a medical procedure of a prophylactic or therapeutic nature carried out on the animal by a veterinary practitioner; or
(b)a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary practitioner; or
(c)a surgical procedure of a prophylactic or therapeutic nature, or sterilisation, carried out on the animal by a veterinary practitioner; or
(d)any other medical or surgical procedure carried out on the animal by a veterinary practitioner.
welfare, in relation to animals, means the health, safety and welfare of—
(a)animals in general; or
(b)1 or more animals in particular.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Animal Welfare Act 1992 A1992‑45
notified 1 September 1992 (Gaz 1992 No S148)
s 1, s 2 commenced 1 September 1992 (s 2 (1))
ss 6, 76, 78, 79 and 109 commenced 2 November 1992 (Gaz 1992 No 44)remainder commenced 1 March 1993 (s 2 (3))
as amended by
Acts Revision (Position of Crown) Act 1993 A1993‑44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994 A1994‑60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994‑97 sch
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch commenced 15 December 1994 (Gaz 1994 No S293)
Nature Conservation (Amendment) Act (No 2) 1994 A1994-110 sch 2
notified 22 December 1994 (Gaz 1994 No S289)
s 1, s 2 commenced 22 December 1994 (s 2 (1))sch 2 commenced 8 February 1995 (Gaz 1995 No S41)
Animal Welfare (Amendment) Act 1997 A1997‑45 (as am A2001‑44 pt 19; A2001‑83 s 9; A2005‑54 sch 1 pt 1.4)
notified 19 September 1997 (Gaz 1997 No S264)
ss 1-3 commenced 19 September 1997 (s 2 (1))s 4, s 5, s 5A repealed before commencement (see A2014‑3 s 4)
s 6 commenced 19 December 1997 (s 2 (4))
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))sch commenced 9 December 1998 (Gaz 1998 No 49)
Animal Welfare Amendment Act 2000 A2000‑72
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 17
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 17 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2001 (No 2) A2001‑56 pt 3.4
notified 5 September 2001 (Gaz 2001 No S65)
commenced 12 September 2001 (s 2 (1))
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.1, sch 2 pt 2.4
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 1 pt 1.1, sch 2 pt 2.4 commenced 9 April 2004 (s 2 (1))
Animal Legislation (Penalties) Amendment Act 2004 A2004-50
notified LR 16 August 2004
s 1, s 2 commenced 16 August 2004 (LA s 75 (1))remainder commenced 17 August 2004 (s 2)
Stock Act 2005 A2005-19 sch 1 pt 1.1
notified LR 13 April 2005
s 1, s 2 commenced 13 April 2005 (LA s 75 (1))
sch 1 pt 1.1 commenced 26 August 2005 (s 2 and CN2005-13)Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.3, sch 1 pt 1.4
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.3 commenced 24 November 2005 (s 2)
(A1997‑45 rep before commenced by A2014‑3 s 4)
sch 1 pt 1.4 never commencedAnimal Welfare Amendment Act 2006 A2006-17
notified LR 10 May 2006
s 1, s 2 commenced 10 May 2006 (LA s 75 (1))
remainder commenced 11 May 2006 (s 2)Animal Welfare Legislation Amendment Act 2007 A2007-7 pt 2
notified LR 26 March 2007
s 1, s 2 commenced 26 March 2007 (LA s 75 (1))
s 15 commenced 26 September 2007 (s 2 (2))
pt 2 remainder commenced 27 March 2007 (s 2 (1))Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.4
notified LR 6 December 2007
s 1, s 2 commenced 6 December 2007 (LA s 75 (1))sch 3 pt 3.4 commenced 27 December 2007 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.3
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.3 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.8
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.8 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Animal Welfare Amendment Act 2010 A2010-14
notified LR 1 April 2010
s 1, s 2 commenced 1 April 2010 (LA s 75 (1))
remainder commenced 1 October 2010 (s 2 and LA s 79)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.10
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.10 commenced 1 July 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.3
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.3 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)Animal Welfare (Factory Farming) Amendment Act 2014 A2014-3 pt 2
notified LR 6 March 2014
s 1, s 2 commenced 6 March 2014 (LA s 75 (1))
pt 2 commenced 7 March 2014 (s 2)Nature Conservation Act 2014 A2014‑59 sch 2 pt 2.1
notified LR 11 December 2014
s 1, s 2 commenced 11 December 2014 (LA s 75 (1))
sch 2 pt 2.1 commenced 11 June 2015 (s 2 (1) and LA s 79)Domestic Animals (Breeding) Legislation Amendment Act 2015 A2015-9 pt 2
notified LR 7 April 2015
s 1, s 2 commenced 7 April 2015 (LA s 75 (1))
pt 2 commenced 15 September 2015 (s 2 and CN2015-19)Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.6
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.6 commenced 14 October 2015 (s 2)Animal Welfare Amendment Act 2016 A2016-19
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
remainder commenced 31 May 2016 (s 2, CN2016-11 and see LA s 77 (3))Domestic Animals (Racing Greyhounds) Amendment Act 2017 A2017‑44 sch 1 pt 1.1
notified LR 5 December 2017
s 1, s 2 commenced 5 December 2017 (LA s 75 (1))
sch 1 pt 1.1 commenced 30 April 2018 (s 2)Veterinary Practice Act 2018 A2018-32 sch 3 pt 3.2
notified LR 30 August 2018
s 1, s 2 commenced 30 August 2018 (LA s 75 (1))
sch 3 pt 3.2 commenced 21 December 2018 (s 2 and CN2018-12)Consumer Protection Legislation Amendment Act 2019 A2019-2 sch 1
notified LR 26 February 2019
s 1, s 2 commenced 26 February 2019 (LA s 75 (1))
sch 1 commenced 26 August 2019 (s 2 (2) and LA s 79)Animal Welfare Legislation Amendment Act 2019 A2019-35 pt 2
notified LR 10 October 2019
s 1, s 2 commenced 10 October 2019 (LA s 75 (1))
s 25, s 32, s 50, s 51, s 53, s 54, s 56, s 85, s 86, s 106, s 113, s 117, s 119 commenced 10 April 2020 (s 2 (2))
pt 2 remainder commenced 17 October 2019 (s 2 (1))Statute Law Amendment Act 2021 A2021-12 sch 3 pt 3.2
notified LR 9 June 2021
s 1, s 2 commenced 9 June 2021 (LA s 75 (1))
sch 3 pt 3.2 commenced 23 June 2021 (s 2 (1))Animal Management and Welfare Legislation Amendment Act 2023 A2023-1 pt 2
notified LR 15 February 2023
s 1, s 2 commenced 15 February 2023 (LA s 75 (1))
pt 2 commenced 22 February 2023 (s 2)Biosecurity Legislation Amendment Act 2024 A2024-11 sch 3 pt 3.2
notified LR 19 April 2024
s 1, s 2 commenced 19 April 2024 (LA s 75 (1))
sch 3 pt 3.2 commenced 15 May 2025 (s 2 and see Biosecurity Act 2023 A2023-50, s 2 (2))Amendment history
Name of Act
s 1sub A2000‑72 amdt 1.1
Dictionary
s 2sub A2000‑72 amdt 1.1
am A2014‑59 amdt 2.1
Notes
s 3sub A2000‑72 amdt 1.1
Offences against Act—application of Criminal Code etc
s 3Arenum as s 4
Offences against Act—application of Criminal Code etc
s 4orig s 4
am A1994‑60 sch 1; A1994‑97 sch; A1994‑110 sch 2 pt 2; A2000‑72 s 4
defs reloc to dict A2000‑72 amdt 1.2
om A2000‑72 amdt 1.2
prev s 4
sub as s 5
pres s 4
(prev s 3A) ins A2005‑54 amdt 1.9
renum as s 4 A2007‑7 s 5
Objects of Act
s 4Ains A2015‑9 s 4
sub A2019-35 s 4
Animal Welfare Authority
s 5orig s 5
om A1993‑44 sch 2
prev s 5
ins A1994‑97 sch
om A2000‑72 amdt 1.3
pres s 5
(prev s 4) ins A2000‑72 amdt 1.3
sub as s 5 A2007‑7 s 5
(2)-(4) exp 27 March 2008 (s 5 (4) (LA s 88 declaration applies))
am A2011‑22 amdt 1.38
Delegation by authority
s 6sub A1994‑97 sch; A2007‑7 s 6; A2019-35 s 5
Animal welfare offences
pt 2 hdgsub A2005‑54 amdt 1.11
Definitions—pt 2
s 6Ains A1994‑97 sch
am A1998‑54 sch; A2000‑72 amdt 1.4
sub A2005‑54 amdt 1.10
(6)-(8) exp 24 November 2005 (s 6A (8))
om A2007‑39 amdt 3.7
ins A2016‑19 s 4
sub A2019-35 s 6
def confine ins A2019-35 s 6
def cruelty ins A2019-35 s 6
def poison ins A2019-35 s 6
Failure to provide appropriate care
s 6Bins A2016‑19 s 4
sub A2019-35 s 6
Failure to provide animal with water or shelter
s 6Cins A2019-35 s 6
Failure to provide animal with hygienic environment
s 6Dins A2019-35 s 6
Failure to properly groom and maintain animal
s 6Eins A2019-35 s 6
Failure to exercise dog
s 6Fins A2019-35 s 6
Abandoning an animal
s 6Gins A2019-35 s 6
Cruelty
s 7am A1998‑54 sch; A2000‑72 amdt 1.45
sub A2005‑54 amdt 1.11
am A2019-35 s 7
Aggravated cruelty
s 7Ains A2006‑17 s 4
am A2019-35 s 8, s 9
Alternative verdicts—cruelty
s 7Bins A2006‑17 s 4
Hitting or kicking animal
s 8am A1998‑54 sch; A2000‑72 amdt 1.5, amdt 1.6
sub A2005‑54 amdt 1.11
om A2016‑19 s 5
ins A2019-35 s 10
Unlawful confinement of animal
s 9am A1998‑54 sch; A2000‑72 amdt 1.45, amdt 1.47
sub A2005‑54 amdt 1.11; A2019-35 s 11
Keeping laying fowls for commercial egg production—appropriate accommodation
s 9Ains A1997‑45 s 4 (as am A2005‑54 amdt 1.30) (A1997‑45 rep before commenced by A2014‑3 s 4); A2014‑3 s 5
am A2019-2 amdt 1.1
Keeping pigs—appropriate accommodation
s 9Bins A2014‑3 s 6
am A2018‑32 amdt 3.3
Removing or trimming beak of fowl
s 9Cins A2014‑3 s 7
am A2018‑32 amdt 3.3
Assisting injured animal
s 10am A1998‑54 sch; A2000‑72 amdt 1.45, amdt 1.47
sub A2005‑54 amdt 1.11; A2019-35 s 12
Unlawful release of animal
s 11am A1998‑54 sch; A2000‑72 amdt 1.45
sub A2005‑54 amdt 1.11; A2019-35 s 12
Administering poison
s 12am A1994‑110 sch 2 pt 2; A1998‑54 sch
sub A2000‑72 s 5; A2005‑54 amdt 1.11
Laying poison
s 12Ains A2000‑72 s 5
sub A2005‑54 amdt 1.11
am A2019-35 s 13
Electrical devices
s 13am A1998‑54 sch; A2000‑72 amdt 1.45
sub A2005‑54 amdt 1.11
am A2019-35 s 14
Use or possession of prohibited item
s 14am A1998‑54 sch; A2000‑72 amdt 1.45, amdt 1.48
sub A2005‑54 amdt 1.11; A2016‑19 s 6
am A2019-35 ss 15-17; ss renum R30 LA
Transport of animals—generally
s 15am A1998‑54 sch; A2000‑72 amdt 1.7, amdt 1.45
sub A2005‑54 amdt 1.11
am A2007‑7 s 7
sub A2019-35 s 18
Transport of dogs
s 15Ains A2000‑72 s 6
sub A2005‑54 amdt 1.11
am A2019-35 s 19, s 20; ss renum R30 LA
Intensive breeding of cats or dogs
s 15Bins A2015‑9 s 5
am A2017‑44 amdt 1.1; A2018‑32 amdt 3.3; A2019-35 s 21
Using unfit animal
s 16am A1998‑54 sch; A2000‑72 amdt 1.45
sub A2005‑54 amdt 1.11; A2019-35 s 22
Violent animal activities
s 17am A1994‑110 sch 2 pt 2; A1998‑54 sch; A2000‑72 amdt 1.45; A2005‑19 amdt 1.1
sub A2005‑54 amdt 1.11; A2007‑7 s 8; A2019-35 s 22
Rodeos and game parks
s 18am A1998‑54 sch; A2000‑72 amdt 1.45
sub A2005‑54 amdt 1.11
am A2019-35 s 23
Greyhound racing
s 18Ains A2017‑44 amdt 1.2
Medical and surgical procedures—people other than veterinary practitioners
s 19 hdgsub A2000‑72 s 7
am A2018‑32 amdt 3.4
s 19am A1994‑110 sch 2 pt 2; A1998‑54 sch; A2000‑72 s 7
sub A2005‑54 amdt 1.11; A2007‑7 s 9
am A2018‑32 amdt 3.3
Medical and surgical procedures—veterinary practitioners
s 19A hdgam A2018‑32 amdt 3.4
s 19Ains A2000‑72 s 8
sub A2005‑54 amdt 1.11; A2007‑7 s 9
am A2018‑32 amdt 3.3
Exception—conduct in accordance with approved code of practice or mandatory code of practice
s 20am A1997‑45 s 5, s 5A (as am A2005‑54 amdt 1.31) (A1997‑45 rep before commenced by A2014‑3 s 4); A2000‑72 s 9
sub A2005‑54 amdt 1.11
am A2007‑7 s 20
sub A2010‑14 s 4
am A2014‑3 ss 8-10; pars renum R21 LA; A2016‑19 s 7; A2018‑32 amdt 3.4; A2019-35 s 24
Contents
s 21am A1994‑110 sch 2 pt 2; A2015‑9 s 6; pars renum R23 LA; A2019-35 s 21, s 25; pars renum R31 LA; A2024‑11 amdt 3.5
Approved code of practice
s 22 hdgsub A2010‑14 s 5
s 22sub A2001‑44 amdt 1.175
Mandatory code of practice
s 23am A2000‑72 amdt 1.8
om A2001‑44 amdt 1.175
ins A2010‑14 s 6
Publication
s 24am A2001‑44 amdt 1.176; A2010‑14 s 7; A2015‑33 amdt 1.16
Reckless failure to comply with mandatory code of practice
s 24Ains A2010‑14 s 8
Failure to comply with mandatory code of practice
s 24Bins A2010‑14 s 8
am A2019-35 s 26; ss renum R30 LA
Direction to comply with mandatory code
s 24Cins A2010‑14 s 8
am A2019-35 ss 27-30; pars renum R30 LA
Failure to comply with direction to comply with mandatory code
s 24Dins A2019-35 s 31
Pet businesses
pt 3A hdgins A2019-35 s 32
Preliminary
div 3A.1 hdg ins A2019-35 s 32
Definitions—pt 3A
s 24Eins A2019-35 s 32
def board ins A2019-35 s 32
def breeding licence ins A2019-35 s 32
def pet business ins A2019-35 s 32
def pet shop ins A2019-35 s 32
Pet business licensing
div 3A.2 hdg ins A2019-35 s 32
Pet business licence application
s 24Fins A2019-35 s 32
Issue of pet business licence
s 24Gins A2019-35 s 32
Pet business licence term and form
s 24Hins A2019-35 s 32
Conditions for pet business licence
s 24Iins A2019-35 s 32
Transfer application
s 24Jins A2019-35 s 32
Transfer decision
s 24Kins A2019-35 s 32
Renewal application
s 24Lins A2019-35 s 32
Renewal decision
s 24Mins A2019-35 s 32
Amendment of pet business licence
s 24Nins A2019-35 s 32
Authority may request more information
s 24Oins A2019-35 s 32
Pet business offences
div 3A.3 hdg ins A2019-35 s 32
Pet shops—failure to keep records
s 24Pins A2019-35 s 32
Pet shops—failure to share records
s 24Qins A2019-35 s 32
Operating pet business without pet business licence
s 24Rins A2019-35 s 32
Breach of pet business licence
s 24Sins A2019-35 s 32
Using or breeding animals for research or teaching
pt 4 hdgsub A2023‑1 s 4
Licences
div 4.1 hdg(prev pt 4 div 1 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
sub A2007‑7 s 11
Using or breeding animals without licence
s 25 hdgsub A2023‑1 s 5
s 25am A1998‑54 sch
sub A2000‑72 s 10; A2005‑54 amdt 1.12; A2007‑7 s 11
am A2008‑28 amdt 3.26
Application for licence
s 26am A2000‑72 amdt 1.9; A2001‑44 amdts 1.177-1.179
sub A2007‑7 s 11
am A2021-12 amdt 3.3
Decision about licence application
s 27sub A2007‑7 s 11
am A2014‑59 amdt 2.2
Licence conditions
s 28am A2000‑72 amdt 1.10, 1.11; A2001‑44 amdt 1.180
sub A2007‑7 s 11
am A2019-35 s 33
Form of licence
s 29sub A2007‑7 s 11
Term of licence
s 30sub A2007‑7 s 11
Licensees—request for information and documents
s 31sub A2007‑7 s 11
Licence renewal
s 32sub A2000‑72 amdt 1.12
am A2001‑44 amdt 1.181, amdt 1.182
sub A2007‑7 s 11
Licensee to notify change of name or address
s 33sub A2007‑7 s 11
Amendment of licence
s 34sub A2007‑7 s 11
am A2008‑37 amdt 1.24; A2021-12 amdt 3.3
Surrender of licences
s 35sub A2007‑7 s 11
Authorisations
div 4.2 hdg(prev pt 4 div 2 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
sub A2007‑7 s 11
Meaning of authorised staff member—div 4.2
s 35Ains A2019-35 s 34
Research and teaching using and breeding animals
s 36am A1998‑54 sch; A2000‑72 amdt 1.47
sub A2005‑54 amdt 1.13; A2007‑7 s 11
Application for authorisation
s 37am A1998‑54 sch; A2000‑72 s 11
sub A2005‑54 amdt 1.14; A2007‑7 s 11
am A2019-35 s 35, s 36; ss renum R30 LA; A2021-12 amdt 3.3
Decision about authorisation application
s 38am A2000‑72 amdt 1.13, 1.14; A2001‑44 amdt 1.183
sub A2007‑7 s 11
am A2014‑59 amdt 2.3; A2019-35 s 37, s 38
Authorisation conditions
s 39sub A2007‑7 s 11
am A2019-35 s 39
Form of authorisation
s 40am A2000‑72 amdt 1.15
sub A2007‑7 s 11
am A2019-35 s 40; pars renum R30 LA
Term of authorisation
s 41sub A2007‑7 s 11
Identity card for authorisation holders
s 42 hdgam A2008‑28 amdt 3.26
s 42am A1998‑54 sch; A2000‑72 amdt 1.16, amdt 1.17; A2001‑44 amdt 1.184
sub A2005‑54 amdt 1.15; A2007‑7 s 11
am A2008‑28 amdt 3.17, amdt 3.18, amdt 3.26
sub A2019-35 s 41
Authorisation holders—request for information and documents
s 43 hdgam A2008‑28 amdt 3.26
s 43sub A2007‑7 s 11
am A2008‑28 amdt 3.26
Authorisation renewal
s 44sub A2000‑72 amdt 1.18
am A2001‑44 amdt 1.185, amdt 1.186
sub A2007‑7 s 11
am A2008‑28 amdt 3.26
Authorisation holder to notify change of name or address
s 45 hdgam A2008‑28 amdt 3.26
s 45sub A2007‑7 s 11
am A2008‑28 amdt 3.26
Amendment of authorisation
s 46sub A2007‑7 s 11
am A2008‑28 amdt 3.26; A2008‑37 amdt 1.24; A2021-12 amdt 3.3
Cessation of effect of authorisation
s 47sub A2007‑7 s 11
Surrender of authorisations
s 48sub A2007‑7 s 11
am A2008‑28 amdt 3.26
Return of cancelled and suspended authorisations
s 49am A1998‑54 sch; A2000‑72 amdt 1.48
sub A2005‑54 amdt 1.16
om A2007‑7 s 11
Interstate researchers
div 4.3 hdg(prev pt 4 div 2A hdg) ins A2000‑72 s 12
renum R4 LA (see A2000‑72 amdt 1.49)
Notification
s 49Ains A2000‑72 s 12
am A2001‑44 amdt 1.187; A2021-12 amdt 3.3
Interstate researchers’ authorisation in the ACT
s 49Bins A2000‑72 s 12
am A2010‑14 s 9; A2019-35 s 42
Animal ethics committees
div 4.4 hdg(prev pt 4 div 3 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
sub A2007‑7 s 12
Animal ethics committees
s 50sub A2007‑7 s 12
Circuses and travelling zoos
pt 5 hdgsub A2007‑7 s 13
Preliminary
div 5.1 hdgins A2007‑7 s 13
Meaning of prohibited animal—pt 5
s 51am A1998‑54 sch; A2000‑72 amdt 1.45
sub A2005‑54 amdt 1.17; A2007‑7 s 13
Offences
div 5.2 hdgins A2007‑7 s 13
Circuses
s 52am A2000‑72 amdt 1.19
sub A2007‑7 s 13
Travelling zoos
s 53am A2000‑72 amdt 1.20; A2001‑44 amdts 1.188-1.190
sub A2007‑7 s 13
Circus and travelling zoo permits
div 5.3 hdgins A2007‑7 s 13
Application for circus or travelling zoo permit
s 54am A2000‑72 amdt 1.21, 1.22; A2001‑44 amdt 1.191
sub A2007‑7 s 13
am A2021-12 amdt 3.3
Decision about circus or travelling zoo permit application
s 55sub A2007‑7 s 13
am A2014‑59 amdt 2.4
Circus or travelling zoo permit conditions
s 56sub A2007‑7 s 13
am A2019-35 s 43
Form of circus or travelling zoo permit
s 57sub A2007‑7 s 13
Term of circus or travelling zoo permit
s 58sub A2007‑7 s 13
Circus or travelling zoo permit-holder to notify change of name or address
s 59am A1998‑54 sch; A2000‑72 amdt 1.48
sub A2005‑54 amdt 1.18; A2007‑7 s 13
Amendment of circus or travelling zoo permit
s 59Ains A2007‑7 s 13
am A2008‑37 amdt 1.24; A2021-12 amdt 3.3
Trapping offences
div 6.1 hdg(prev pt 6 div 1 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
sub A2005‑54 amdt 1.19
Steel-jawed traps and prohibited traps
s 60am A1998‑54 sch; A2000‑72 amdt 1.45, amdt 1.48
sub A2005‑54 amdt 1.19
am A2019-35 ss 44-46; ss renum R30 LA
Restricted traps
s 61am A1998‑54 sch; A2000‑72 amdt 1.46
sub A2005‑54 amdt 1.19
om A2019-35 s 47
Trapping—general
s 62am A1998‑54 sch; A2000‑72 amdt 1.23, amdt 1.24
sub A2005‑54 amdt 1.19
am A2007‑7 s 14
sub A2019-35 s 48
Trapping permits
div 6.2 hdg(prev pt 6 div 2 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
sub A2007‑7 s 15
Application for trapping permit
s 63om A2005‑54 amdt 1.19
ins A2007‑7 s 15
am A2021-12 amdt 3.3
Decision about trapping permit application
s 64am A2000‑72 amdt 1.25; A2001‑44 amdts 1.192-1.194
sub A2007‑7 s 15
Trapping permit conditions
s 65am A2000‑72 amdt 1.26, 1.27; A2001‑44 amdt 1.195
sub A2007‑7 s 15
am A2019-35 s 49
Form of trapping permit
s 66sub A2007‑7 s 15
Term of trapping permit
s 67sub A2007‑7 s 15
Trapping permit-holders—request for information and documents
s 68sub A2007‑7 s 15
Trapping permit renewal
s 69sub A2000‑72 amdt 1.28
am A2001‑44 amdt 1.196, amdt 1.197
sub A2007‑7 s 15
Trapping permit-holder to notify change of name or address
s 70sub A2007‑7 s 15
Amendment of trapping permit
s 71sub A2007‑7 s 15
am A2008‑37 amdt 1.24; A2021-12 amdt 3.3
Surrender of trapping permits
s 72sub A2007‑7 s 15
Return of cancelled and suspended trapping permits
s 73am A1998‑54 sch; A2000‑72 amdt 1.48
sub A2005‑54 amdt 1.20
om A2007‑7 s 15
Regulatory action
s 6A hdgins A2007‑7 s 16
Definitions—pt 6A
s 73Ains A2007‑7 s 16
def approval ins A2007‑7 s 16
am A2019-35 s 50; pars renum R31 LA
def approved person ins A2007‑7 s 16
def regulatory body ins A2007‑7 s 16
am A2008‑28 amdt 3.26; A2019-35 s 51
Grounds for regulatory action
s 73Bins A2007‑7 s 16
am A2008‑28 amdt 3.26; A2019-35 s 52; pars renum R30 LA; A2019-35 s 53, s 54; pars renum R31 LA
Regulatory action
s 73Cins A2007‑7 s 16
Taking regulatory action
s 73Dins A2007‑7 s 16
am A2008‑37 amdt 1.24
Immediate suspension
s 73Eins A2007‑7 s 16
Effect of suspension
s 73Fins A2007‑7 s 16
am A2008‑28 amdt 3.26
Return of amended, suspended or cancelled approvals
s 73Gins A2007‑7 s 16
am A2008‑37 amdt 1.25; A2019-35 s 55
Action by regulatory body in relation to amended or suspended approval
s 73Hins A2007‑7 s 16
am A2019-35 s 56; pars renum R31 LA
Preliminary
div 7.1 hdg(prev pt 7 div 1 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Definitions—pt 7
s 74am A1994‑97 sch
sub A2000‑72 amdt 1.29
Protection from liability
s 75sub A2008‑28 amdt 3.19
Public access
s 75Ains A1997‑45 s 6
am A2019-35 s 57
Inspectors and authorised officers
div 7.2 hdg(prev pt 7 div 2 hdg) sub A1994‑97 s 3 sch
renum R4 LA (see A2000‑72 amdt 1.49)
Inspectors
s 76sub A1994‑97 sch; A2000‑72 amdt 1.30; A2007‑7 s 17
(3)-(5) exp 27 March 2008 (s 76 (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.38
Authorised officers
s 77sub A1994‑97 sch; A2000‑72 amdt 1.30; A2007‑7 s 17
(3)-(5) exp 27 March 2008 (s 77 (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.38; A2018‑32 amdt 3.3
sub A2019-35 s 58
Identity cards
s 78sub A1994‑97 sch
am A1998‑54 sch; A2000‑72 amdt 1.31
sub A2005‑54 amdt 1.21
(6)-(8) exp 24 November 2005 (s 78 (8))
am A2007‑39 amdt 3.8; A2008‑28 amdts 3.20-3.23; ss renum R15 LA; A2011‑22 amdt 1.38; A2019-35 s 59
Identity cards
s 79om A1994‑97 sch
Powers of inspectors
div 7.3 hdg(prev pt 7 div 3 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Definitions—div 7.3
s 80 hdgsub A2000‑72 s 13
s 80def business premises ins A2000‑72 s 13
Powers of entry and search
s 81am A2000‑72 s 14; A2018‑32 amdt 3.3
Power to seize animals—inspectors
s 81Ains A2019-35 s 60
Powers of inspectors
s 82 hdgsub A2000‑72 s 15
s 82am A1998‑54 sch; A2000‑72 s 15; A2005‑54 amdt 1.22; A2016‑19 s 8, s 9; pars renum R26 LA; A2019-35 ss 61-65; pars renum R30 LA
Direction to give personal details—inspector
s 82A hdgsub A2019-35 s 66
s 82Ains A2016‑19 s 10
am A2019-35 ss 67-69
Offence—fail to comply with inspector’s direction to give name and address
s 82Bins A2016‑19 s 10
Powers of authorised officers
div 7.4 hdg(prev pt 7 div 4 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Research and educational institutions—powers of entry and search
s 83am A2000‑72 s 16; A2019-35 s 70
Power to seize animals—authorised officers
s 83Ains A2019-35 s 71
Powers of authorised officers
s 84am A1998‑54 sch; A2000‑72 s 17; A2005‑54 amdt 1.23; A2016‑19 s 11, s 12; pars renum R26 LA; A2019-35 ss 72‑74; pars renum R30 LA
Direction to give name and address—authorised officer
s 84AAins A2016‑19 s 13
Offence—fail to comply with authorised officer’s direction to give name and address
s 84ABins A2016‑19 s 13
Powers of veterinary practitioners
div 7.5 hdg(prev pt 7 div 4A hdg) ins A2000‑72 s 18
renum R4 LA (see A2000‑72 amdt 1.49)
am A2018‑32 amdt 3.4
Powers of veterinary practitioners regarding seized animals and carcasses
s 84A hdgam A2018‑32 amdt 3.4
s 84Ains A2000‑72 s 18
am A2018‑32 amdt 3.3; A2019-35 s 75
Alleviation of suffering—powers of inspectors, authorised officers and veterinary practitioners
div 7.6 hdg(prev pt 7 div 5 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
am A2018‑32 amdt 3.4
Inspectors and authorised officers
s 85am A1998‑54 sch; A2000‑72 s 19; A2005‑54 amdt 1.24; A2018‑32 amdt 3.3; A2019-35 ss 76-80; ss renum R30 LA
Veterinary practitioners
s 86 hdgam A2018‑32 amdt 3.4
s 86am A2000‑72 s 20; A2018‑32 amdt 3.3
Dealing with seized animals
div 7.6A hdg ins A2019-35 s 81
Animal welfare entities
s 86Ains A2019-35 s 81
Accommodation of seized animals
s 86Bins A2019-35 s 81
Selling or rehoming seized animals
s 86Cins A2019-35 s 81
Destroying seized animals
s 86Dins A2019-35 s 81
Temporary prohibition on animal ownership etc
s 86Eins A2019-35 s 81
Consent to entry, reports and search warrants
div 7.7 hdg(prev pt 7 div 6 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Consent to entry
s 88am A2019-35 s 82, s 83
Reports
s 89am A2000‑72 s 21
Offences in relation to veterinary practitioners
div 7.8 hdg(prev pt 7 div 7 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
sub A2005‑54 amdt 1.25
am A2018‑32 amdt 3.4
Obstructing etc veterinary practitioner
s 91 hdgam A2018‑32 amdt 3.3
s 91am A1998‑54 sch; A2000‑72 amdt 1.32; A2004‑15 amdt 2.12
sub A2005‑54 amdt 1.25
am A2018‑32 amdt 3.2, amdt 3.3
False information
s 92am A1998‑54 sch; A2000‑72 amdt 1.46
om A2005‑54 amdt 1.25
Compensation for animal injury and death
div 7.9 hdg(prev pt 7 div 8 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Definitions—div 7.9
s 93sub A2000‑72 s 22
def officer am A2019-35 s 84
Right to compensation
s 94am A2007‑7 s 18
Compensation claims
s 95am A2000‑72 amdt 1.33; A2001‑44 amdt 1.198, amdt 1.199; A2021-12 amdt 3.3
Evidence
div 7.10 hdg (prev p 7 div 9 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Certificate evidence
s 98am A2007‑7 ss 19-21; A2007‑39 amdt 3.9, amdt 3.10; A2011‑48 amdt 1.3; A2019-35 s 85, s 86
Acts and omissions of representatives
s 99sub A2004‑15 amdt 1.1
Court orders and corporate penalties
div 7.11 hdg(prev pt 7 div 10 hdg) renum R4 LA (see A2000‑72 amdt 1.49)
Animal offences—court orders (interim)
s 100Ains A2016‑19 s 14
am A2019-35 ss 87-93; ss renum R30 LA
Animal offences—court orders (general)
s 101am A1998‑54 sch; A2000‑72 amdt 1.34, amdt 1.46; A2005‑54 amdt 1.26; A2016‑19 s 15, s 16; A2019-35 ss 94‑99; ss renum R30 LA
Animal offences—permanent prohibition on animal ownership etc
s 101Ains A2019-35 s 100
Animal offences—setting aside permanent prohibition order
s 101Bins A2019-35 s 100
Prohibition order in special circumstances
s 101Cins A2019-35 s 100
Animal offences—court orders (costs and proceeds of disposal)
s 102am A2000‑72 amdt 1.35
Prohibited item and trap offences—court orders (general)
s 103 hdgsub A2016‑19 s 17
s 103am A1998‑54 sch; A2000‑72 amdt 1.36, amdt 1.46; A2005‑54 amdt 1.27; A2007‑7 s 22; A2016‑19 ss 18-21
Prohibited item and trap offences—court orders (costs and proceeds of disposal)
s 104 hdgsub A2016‑19 s 22
s 104am A2000‑72 amdt 1.37; A2016‑19 s 23
Court orders—offences involving violence
s 104Ains A2004‑50 s 4
Corporations—penalties
s 106om A1998‑54 sch
Notification and review of decisions
pt 8 hdgsub A2007‑7 s 23; A2008‑37 amdt 1.26
Meaning of reviewable decision—pt 8
s 107am A1994‑60 sch 1; A2000‑72 s 23
sub A2007‑7 s 23; A2008‑37 amdt 1.26
Reviewable decision notices
s 107Ains A2007‑7 s 23
sub A2008‑37 amdt 1.26
Applications for review
s 108am A1994‑60 sch 1
sub A2007‑7 s 23; A2008‑37 amdt 1.26
Establishment and functions
s 109am A2007‑7 s 24, s 25; A2010‑14 s 10; A2019-35 s 101, s 102; pars renum R30 LA
Rescuing animal at risk in locked vehicle
s 109Ains A2019-35 s 103
Determination of fees
s 110sub A2000‑72 amdt 1.38; A2001‑44 amdt 1.200
Approved forms
s 110Ains A2000‑72 amdt 1.38
sub A2001‑44 amdt 1.200
am A2007‑7 s 26
om A2021-12 amdt 3.4
Exemptions by regulations
s 111am A2001‑44 amdt 1.201, amdt 1.202
Regulation-making power
s 112 hdgsub A2000‑72 amdt 1.39
s 112am A1998‑54 sch; A2000‑72 amdts 1.39-1.41; A2001‑44 amdts 1.203-1.205; A2007‑7 s 27; A2010‑14 s 11;
A2019-35s 104
Transitional
pt 11 hdgom A2000‑72 amdt 1.42
ins A2007‑7 s 28
exp 27 March 2009 (s 119)
Review of amendments made by Animal Welfare Legislation Amendment Act 2019
s 113om A2000‑72 amdt 1.42
ins A2007‑7 s 28
exp 27 March 2009 (s 119)
def amended Act ins A2007‑7 s 28
exp 27 March 2009 (s 119)
def commencement day ins A2007‑7 s 28
exp 27 March 2009 (s 119)
def unamended Act ins A2007‑7 s 28
exp 27 March 2009 (s 119)
ins A2019-35 s 105
exp 17 October 2025 (s 113 (3))
Existing licences
s 114om A2000‑72 amdt 1.42
ins A2007‑7 s 28
exp 27 March 2009 (s 119 (LA s 88 declaration applies))
Existing authorisations
s 115ins A2007‑7 s 28
exp 27 March 2009 (s 119 (LA s 88 declaration applies))
Existing permit
s 116ins A2007‑7 s 28
exp 27 March 2009 (s 119 (LA s 88 declaration applies))
Action under unamended Act
s 117ins A2007‑7 s 28
exp 27 March 2009 (s 119)
Transitional regulations
s 118ins A2007‑7 s 28
exp 27 March 2009 (s 119)
Expiry—pt 11
s 119ins A2007‑7 s 28
exp 27 March 2009 (s 119)
Transitional—Animal Welfare (Factory Farming) Amendment Act 2014
pt 12 hdgins A2014‑3 s 11
exp 16 May 2016 (s 121)
Existing commercial egg producer
s 120ins A2014‑3 s 11
exp 16 May 2016 (s 121)
Expiry—pt 12
s 121ins A2014‑3 s 11
exp 16 May 2016 (s 121)
Schedule
schom A2000‑72 amdt 1.43
Reviewable decisions
sch 1ins A2007‑7 s 29
sub A2008‑37 amdt 1.27
am A2019-35 s 107; items renum R30 LA; A2019-35 s 106; items renum R31 LA
Dictionary
dictins A2000‑72 amdt 1.44
defs reloc from s 4 A2000‑72 amdt 1.2
am A2001‑44 amdt 1.207, amdt 1.208
sub A2007‑7 s 30
am A2008‑37 amdt 1.28, amdt 1.29; A2011‑22 amdt 1.39; A2018‑32 amdt 3.3; A2019-35 s 108; A2023‑1 s 6
def animal sub A2000‑72 s 4; A2007‑7 s 30
def animal ethics committee ins A2007‑7 s 30
am A2008‑28 amdt 3.26
def animal welfare sub A2007‑7 s 30
om A2019-35 s 109
def animal welfare entity ins A2019-35 s 110
def approval ins A2007‑7 s 30
def approved code of practice sub A2007‑7 s 30
def approved person ins A2007‑7 s 30
def authorisation sub A2007‑7 s 30
def authorisation holder ins A2008‑28 amdt 3.24
sub A2019-35 s 111
def authorised officer am A1994‑97 sch
sub A2007‑7 s 30
def authorised person sub A2007‑7 s 30
om A2008‑28 amdt 3.25
def authorised staff member ins A2019-35 s 112
def authority am A1994‑97 sch; A2000‑72 s 4
sub A2007‑7 s 30
def board ins A2019-35 s 113
def breeding licence ins A2019-35 s 113
def business premises ins A2007‑7 s 30
def circus permit sub A2007‑7 s 30
def circus permit-holder ins A2007‑7 s 30
sub A2019-35 s 114
def commercial trapping permit sub A2007‑7 s 30
om A2019-35 s 115
def confine sub A2007‑7 s 30; A2019-35 s 116
def connected ins A2007‑7 s 30
def cruelty ins A2016‑19 s 24
def defined offence sub A2000‑72 s 4; A2007‑7 s 30
def director sub A2000‑72 s 4; A2007‑7 s 30
def domestic sub A2007‑7 s 30
def engage in conduct ins A2005‑54 amdt 1.28
sub A2007‑7 s 30
def ethics committee am A2001‑56 amdt 3.4
om A2007‑7 s 30
def executive officer ins A2007‑7 s 30
def feral animal am A1994‑110 sch 2
sub A2007‑7 s 30
def identity card sub A2007‑7 s 30; A2007‑39 amdt 3.11
def injury sub A2007‑7 s 30
def inspector am A1994‑97 sch
sub A2007‑7 s 30
def interstate research authorisation ins A2000‑72 s 4
sub A2007‑7 s 30
def interstate researcher ins A2000‑72 s 4
sub A2007‑7 s 30
def licence sub A2007‑7 s 30
def licensed pet business ins A2019-35 s 117
def licensed premises sub A2007‑7 s 30
def licensee ins A2000‑72 s 4
sub A2007‑7 s 30; A2019-35 s 118
def mandatory code of practice ins A2010‑14 s 12
def native animal ins A1994‑110 sch 2
sub A2000‑72 s 4; A2007‑7 s 30; A2014‑59 amdt 2.5
def occupier ins A2007‑7 s 30
def offence om A2000‑72 s 4
ins A2007‑7 s 30
def officer ins A2007‑7 s 30
def owner ins A2007‑7 s 30
def pain sub A2007‑7 s 30
def person in charge sub A2007‑7 s 30
def pest am A1994‑110 sch 2
sub A2007‑7 s 30
om A2024‑11 amdt 3.6
def pet business ins A2019-35 s 119
def pet business licence ins A2019-35 s 119
def pet shop ins A2019-35 s 119
def poison ins A2000‑72 s 4
sub A2007‑7 s 30; A2019-35 s 120
def premises sub A2007‑7 s 30
def private trapping permit sub A2007‑7 s 30
om A2019-35 s 121
def prohibited animal ins A2007‑7 s 30
def prohibited circus animal om A2007‑7 s 30
def prohibited item ins A2016‑19 s 24
def prohibited trap om A2005‑54 amdt 1.29
def regulatory body ins A2007‑7 s 30
def repealed Act om A2000‑72 s 4
def research authorisation sub A2007‑7 s 30
def restricted trap om A2005‑54 amdt 1.29
def reviewable decision ins A2007‑7 s 30
sub A2008‑37 amdt 1.30
def steel-jawed trap sub A2007‑7 s 30
om A2019-35 s 121
def teaching authorisation sub A2007‑7 s 30
def this Act om A2001‑44 amdt 1.206
def trapping permit sub A2007‑7 s 30; A2019-35 s 122
def trapping permit-holder ins A2007‑7 s 30
sub A2019-35 s 122
def travelling zoo ins A2007‑7 s 30
def travelling zoo permit ins A2007‑7 s 30
def travelling zoo permit-holder ins A2007‑7 s 30
sub A2019-35 s 122
def Tribunal om A1994‑6 sch 1
def vary om A2007‑7 s 30
def vehicle sub A2007‑7 s 30
def Veterinary Surgeon om A2000‑72 s 4
def veterinary treatment sub A2007‑7 s 30
am A2018‑32 amdt 3.3
def welfare sub A2007‑7 s 30
def wildlife om A1994‑110 sch 2
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1 (RI)
21 Jan 202027 Aug 1993–
13 Nov 1994A1993‑44 amendments by A1993‑44
Reissued electronic republication of printed versionR1A
21 Jan 202014 Nov 1994–
14 Dec 1994A1994-60 amendments by A1994-60 R1B
21 Jan 202015 Dec 1994–
7 Feb 1995A1994-97 amendments by A1994-97 R2 (RI)
21 Jan 20208 Feb 1995–
18 Dec 1997A1994-110 amendments by A1994-110
Reissued electronic republication of printed versionR3 (RI)
21 Jan 202031 Jan 1999–
20 Dec 2000A1998-54 amendments by A1997-45 and A1998-54
Reissued electronic republication of printed versionR4
12 Sept 200112 Sept 2001–
8 Apr 2004A2001-56 amendments by A2000-72,
A2001-44 and A2001-56R5
9 Apr 20049 Apr 2004–
16 Aug 2004A2004-15 amendments by A2004-15 R6
17 Aug 200417 Aug 2004–
25 Aug 2005A2004-50 amendments by A2004-50 R7
26 Aug 200526 Aug 2005–
23 Nov 2005A2005-19 amendments by A2005-19 R8
24 Nov 200524 Nov 2005–
24 Nov 2005A2005-54 amendments by A2005-54 R9
25 Nov 200525 Nov 2005–
10 May 2006A2005-54 commenced expiry R10
11 May 200611 May 2006–
26 Mar 2007A2006-17 amendments by A2006-17 R11
27 Mar 200727 Mar 2007–
25 Sept 2007A2007-7 amendments by A2007-7 R12
26 Sept 200726 Sept 2007–
26 Dec 2007A2007-7 amendments by A2007-7 R13
27 Dec 200727 Dec 2007–
27 Mar 2008A2007-39 amendments by A2007-39 R14
28 Mar 200828 Mar 2008–
25 Aug 2008A2007-39 commenced expiry R15
26 Aug 200826 Aug 2008–
1 Feb 2009A2008-28 amendments by A2008-28 R16
2 Feb 20092 Feb 2009–
27 Mar 2009A2008-37 amendments by A2008-37 R17
28 Mar 200928 Mar 2009–
30 Sept 2010A2008-37 commenced expiry R18
1 Oct 20101 Oct 2010–
30 June 2011A2010-14 amendments by A2010-14 R19
1 July 20111 July 2011–
29 Feb 2012A2011-22 amendments by A2011-22 R20
1 Mar 20121 Mar 2012–
6 Mar 2014A2011-48 amendments by A2011-48 R21*
7 Mar 20147 Mar 2014–
10 June 2015A2014-3 amendments by A2014-3 R22
11 June 201511 June 2015–
14 Sept 2015A2014-59 amendments by A2014-59 R23
15 Sept 201515 Sept 2015–
13 Oct 2015A2015-9 amendments by A2015-9 R24
14 Oct 201514 Oct 2015–
16 May 2016A2015-33 amendments by A2015-33 R25
17 May 201617 May 2016–
30 May 2016A2015-33 expiry of transitional provisions (pt 12) R26
31 May 201631 May 2016–
29 Apr 2018A2016-19 amendments by A2016-19 R27
30 April 201830 Apr 2018–
20 Dec 2018A2017-44 amendments by A2017-44 R28
21 Dec 201821 Dec 2018–
25 Aug 2019A2018-32 amendments by A2018-32 R29
26 Aug 201926 Aug 2019–
16 Oct 2019A2019-2 amendments by A2019-2 R30
17 Oct 201917 Oct 2019–
9 Apr 2020A2019-35 amendments by A2019-35 R31
10 Apr 202010 Apr 2020–
22 June 2021A2019-35 amendments by A2019-35 R32
23 June 202123 June 2021–
21 Feb 2023A2021‑12 amendments by A2021‑12 R33
22 Feb 202322 Feb 2023–
14 May 2025A2023‑1 amendments by A2023‑1 R34
15 May 202515 May 2025–
17 Oct 2025A2024‑11 amendments by A2024‑11
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2025
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