Exhibited Animals Act 2015 (Qld)

Exhibited Animals Act 2015

An Act to provide for exhibiting and dealing with particular animals

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Exhibited Animals Act 2015.

2   Commencement

(1)Subject to subsection (2), this Act commences on a day to be fixed by proclamation.

(2)If a provision of this Act does not commence before 1 July 2016, it commences on that day.

(3)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

Part 2    Purposes of Act and achieving the purposes

3   Purposes of Act

(1)The main purpose of this Act is to provide for exhibiting and dealing with exhibited animals.

(2)It is also a purpose of this Act to ensure the relevant risks and relevant adverse effects associated with exhibiting and dealing with exhibited animals are prevented or minimised.

4   How purposes are primarily achieved

The purposes of this Act are to be achieved primarily by—

(a)imposing a general obligation on persons exhibiting and dealing with exhibited animals to prevent or minimise the relevant risks and relevant adverse effects associated with exhibiting and dealing with exhibited animals; and

(b)requiring that authorities be obtained to allow particular animals to be exhibited; and

(c)imposing additional obligations on persons exhibiting or dealing with authorised animals under exhibited animal authorities; and

(d)providing for monitoring and enforcement of compliance with this Act; and

(e)providing for codes of practice relating to a person’s obligations under this Act; and

(f)providing for the chief executive to make guidelines about the application of this Act and how a person may comply with obligations imposed under this Act.

Part 3    Application and operation of Act

5   Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence.

6   Application of Act to State for protected or wild animal

This Act does not apply to the State for an animal only because it is—

(a)a protected animal or an animal in the wild; and

(b)the property of the State under the Nature Conservation Act, another Act or the common law.

Note—

See the Nature Conservation Act, section 83.

7   Relationship with particular Acts

(1)Unless this Act otherwise states, it does not affect the application of—

(a)the Animal Care and Protection Act 2001; or

(b)the Biosecurity Act; or

(c)the Nature Conservation Act; or

(d)the Work Health and Safety Act 2011.

(2)However, this Act does apply to the NCA chief executive if the NCA chief executive is exhibiting or dealing with an exhibited animal only under the authority of the Nature Conservation Act, section 173P.

8   Contravention of this Act does not create civil cause of action

No provision of this Act creates a civil cause of action based on a contravention of the provision.

9   Act does not affect other right or remedy

(1)This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

10   Exhibiting or dealing with animal to which Act does not apply

(1)This Act does not apply to exhibiting or dealing with an animal if—

(a)the animal is of a species mentioned in schedule 1; or

(b)the animal is authorised or permitted to be exhibited under the Biosecurity Act or Nature Conservation Act; or

(c)the animal can be lawfully exhibited and dealt with (without an exhibited animal authority or a licence, permit or other authority under the Biosecurity Act or Nature Conservation Act) and any of the following apply—

(i)the animal is being used for scientific purposes;

(ii)the animal is displayed for the purpose of its sale;

(iii)the animal is displayed for no longer than 11 days at a time; or

Examples for subparagraph (iii)—

•displaying an animal at an agricultural show or community event

•displaying Gouldian finches at a meeting of a bird fanciers’ association

•displaying an animal for ‘show and tell’ in a school classroom

(d)the animal is a protected animal being rehabilitated for return to the wild and is displayed under the authority of the Nature Conservation Act, section 173P(1), for 1 or more of the following purposes—

(i)to give public information about the ecological role of that species of animal;

(ii)to promote education about, and the conservation of, that species of animal;

(iii)to promote an understanding of ecology and the conservation of that species of animal;

(iv)to raise funds to assist in providing care and treatment for animals being rehabilitated for return to the wild; or

(e)the animal is international wildlife or a protected animal, other than an animal mentioned in paragraph (d), that is displayed under the authority of the Nature Conservation Act, section 173P(1), for no longer than 11 days at a time.

(2)However, if an animal as mentioned in subsection (1)(c)(iii) or (e) is displayed for a commercial purpose, this Act does apply to exhibiting or dealing with the animal.

(3)In this section—

scientific purposes see the Animal Care and Protection Act 2001, section 48.

Part 4    Interpretation

Division 1 Dictionary

11   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Key concepts and definitions

12   Meaning of animal

(1)Generally, an animal is any live member of the animal kingdom, other than a human being.

(2)In relation to dealing with an exhibited animal, an animal includes—

(a)the animal at each stage of its life cycle; and

Examples—

•a pre-natal or pre-hatched creature

•larvae or pupae

•an embryo

(b)the whole or any part of the genetic or reproductive material of the animal.

Examples—

an ovum, semen

13   Meaning of exhibit an animal

(1)Generally, exhibit an animal means display the animal to the public, including, for example, for commercial, cultural, educational, entertainment or scientific purposes.

Examples of exhibiting an animal—

•displaying an animal in a zoo or wildlife park

•using an animal in a performance in a circus or magic show

•allowing public interaction with animals at a petting farm

•showing an animal as part of an educational wildlife demonstration

•displaying an animal, including, for example, a bird in a cage, in a part of commercial premises accessible to the public

Note—

Section 10 states when the Act does not apply to exhibiting or dealing with an animal.

(2)Exhibit, an animal, includes the following—

(a)display the animal at a private event;

(b)arrange for the animal to be at a public place for a period that allows the public a reasonable opportunity to view the animal, whether or not the animal is so viewed;

(c)allow public interaction involving the animal.

(3)Also, a person exhibits an animal if—

(a)the person records the animal’s image for display to the public, whether the image is displayed when it is recorded or is intended to be displayed after it is recorded; and

Examples of ways of recording an animal’s image—

•photographing the animal, including using a digital camera

•recording the animal’s image using a video or web camera

•filming the animal for a film or television production

(b)the person is a responsible person for the exhibited animal.

(4)If an animal is in the wild, despite subsections (1) to (3), exhibit an animal does not include any of the following—

(a)arranging to view the animal;

(b)allowing public interaction involving the animal;

(c)recording the animal’s image.

14   Meaning of exhibited animal

An animal is an exhibited animal if—

(a)the animal is an authorised animal; or

(b)the animal is not an authorised animal but the animal is exhibited and this Act applies to the exhibition of the animal.

Note—

Section 10 states when the Act does not apply to exhibiting or dealing with an animal.

15   Meaning of dealing with an exhibited animal

Dealing with, an exhibited animal—

(a)means carrying out an activity involving or relating to the animal, other than exhibiting the animal; and

(b)includes all of the following—

(i)accepting, buying, importing or obtaining the animal;

(ii)breeding, culturing, growing or raising the animal;

(iii)keeping or possessing the animal;

(iv)moving the animal;

(v)giving, selling or otherwise disposing of, the animal.

16   Meaning of responsible person for an exhibited animal

(1)A person is a responsible person for an exhibited animal if the person—

(a)exhibits or deals with the animal; or

(b)employs another person to exhibit or deal with the animal, if the other person exhibits or deals with the animal within the scope of the employment; or

(c)is the holder of an exhibited animal authority for the animal; or

(d)owns or has a lease, licence or other proprietary interest in the animal.

Note—

See, however, section 6 that states this Act does not apply to the State for particular animals only because they are the property of the State.

(2)Despite subsection (1)(a) and (b), a person is not a responsible person for an animal because the person records the animal’s image or employs someone else to record the animal’s image unless the person is otherwise a responsible person for the animal under this section.

Example for subsection (2)—

A person goes to a zoo as a member of the public and photographs an animal being displayed at the zoo. The person is not a responsible person for the animal only because the person photographs the animal.

(3)If an exhibited animal is seized under chapter 6, part 3, division 4 and, immediately before the seizure, a person was a responsible person for the animal under subsection (1)(a) or (b), the person continues to be a responsible person for the animal.

(4)Despite subsection (1)(d), a person who holds a mortgage or other security interest in an exhibited animal only becomes a responsible person for the animal if the person takes a step to enforce the mortgage or other security.

(5)In this section—

employs includes engages under a contract for services.

17   Meaning of relevant risk and relevant adverse effects

(1)Each of the following is a relevant risk associated with exhibiting or dealing with an exhibited animal—

(a)a risk to the welfare of any animal;

(b)a biosecurity risk;

(c)a risk to public safety, or of death, injury or illness to a person, caused directly by, or originating from, the exhibited animal.

(2)The relevant adverse effects, associated with exhibiting or dealing with an exhibited animal, are the adverse effects of an event caused by exhibiting or dealing with the animal on each of the following—

(a)the welfare of any animal;

(b)the health, safety or wellbeing of a person;

(c)social amenity, the economy and the environment.

Examples of an event—

the escape or release of an exhibited animal

Chapter 2    Exhibiting and dealing with exhibited animals generally

Part 1    General exhibition and dealing obligation

18   Obligation of responsible person for exhibited animal

(1)A responsible person for an exhibited animal has an obligation (a general exhibition and dealing obligation) to take all reasonable and practical measures to prevent or minimise the relevant risks and relevant adverse effects associated with exhibiting or dealing with the animal.

Example for subsection (1)—

A measure that may be reasonable and practical to prevent or minimise the relevant adverse effects of the escape of an exhibited animal from its enclosure may include a strategy for that event that ensures the following happens quickly—

•recapturing or destroying the animal

•warning persons about the dangers posed by the animal and advising them about appropriate action they should take for their safety.

(2)Despite subsection (1), a responsible person for an exhibited animal has a general exhibition and dealing obligation to prevent or minimise a biosecurity risk associated with exhibiting or dealing with the animal only if the person knows or ought reasonably to know that exhibiting or dealing with the animal poses, or is likely to pose, the risk.

Note—

See the Biosecurity Act, section 23(1).

19   General exhibition and dealing obligation offence provision

A person on whom a general exhibition and dealing obligation is imposed must discharge the obligation.

Maximum penalty—750 penalty units.

20   Effect of regulation for discharge of general exhibition and dealing obligation

(1)This section applies if a provision of a regulation (a regulation provision) is identified in the regulation as a provision that prescribes a way of discharging a person’s general exhibition and dealing obligation.

(2)Unless otherwise stated in the regulation, the regulation provision does not prescribe all the person must do, or must not do, to discharge the person’s general exhibition and dealing obligation.

(3)However, for applying section 19, the person fails to discharge the person’s general exhibition and dealing obligation if the person contravenes the regulation provision.

21   Effect of code of practice for discharge of general exhibition and dealing obligation

(1)This section applies if a code of practice states a way of discharging a person’s general exhibition and dealing obligation.

(2)Unless otherwise stated in the code of practice, the code of practice does not state all the person must do, or must not do, to discharge the person’s general exhibition and dealing obligation.

(3)However, for applying section 19, the person fails to discharge the general exhibition and dealing obligation if the person—

(a)contravenes the code of practice; and

(b)does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general exhibition and dealing obligation.

(4)Also, for applying section 19, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person’s general exhibition and dealing obligation, the person fails to discharge the obligation if the person contravenes the code of practice or stated part.

22   Defence of due diligence

(1)In a proceeding for an offence against section 19, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.

(2)Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that—

(a)if a regulation prescribes a way in which a person’s general exhibition and dealing obligation can be discharged—the person followed the prescribed way; or

(b)if a code of practice states a way in which a person’s general exhibition and dealing obligation can be discharged—the person adopted and followed the stated way.

(3)This section is not intended to exclude the operation of the Criminal Code, section 24.

22A   Duty of other persons in relation to general exhibition and dealing obligation

(1)This section applies to a person (a relevant person) on private land or at a public place where a responsible person for an exhibited animal is discharging a general exhibition and dealing obligation in relation to the animal.

(2)The relevant person must—

(a)take reasonable care that the relevant person’s acts or omissions do not cause or increase a relevant risk associated with exhibiting or dealing with the exhibited animal; and

(b)comply, so far as the person is reasonably able, with any reasonable instruction that is given by the responsible person to allow the responsible person to comply with that person’s general exhibition and dealing obligation in relation to the exhibited animal.

Maximum penalty—100 penalty units.

Part 2    Codes of practice and guidelines

Division 1 Codes of practice

23   Making codes of practice

(1)The Governor in Council may, by regulation, make a code of practice about exhibiting and dealing with exhibited animals.

(2)Without limiting subsection (1), a code of practice may be made about—

(a)preventing or minimising the relevant risks and relevant adverse effects associated with exhibiting or dealing with exhibited animals; or

(b)designing, constructing or maintaining enclosures for exhibiting or dealing with exhibited animals; or

(c)exhibiting or dealing with exhibited animals in enclosures, including, for example, the species and number of animals to be exhibited or kept in an enclosure or a particular type of enclosure.

24   Consultation about codes of practice

(1)Before the making of a code of practice under this division is recommended to the Governor in Council, the chief executive must consult with relevant entities.

(2)Subsection (1) does not apply to the adopted provisions of a code of practice.

(3)A failure to consult under subsection (1) does not affect the validity of the code of practice.

(4)In this section—

relevant entities means entities the chief executive considers have an interest in matters relating to exhibiting and dealing with exhibited animals.

Examples of types of entities—

entities from community groups or professional and industry associations

25   Tabling and inspection of documents adopted in codes of practice

(1)This section applies if—

(a)a regulation under which a code of practice is made adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions); and

(b)the adopted provisions are not part of, or attached to, the regulation.

(2)The Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly.

(3)If the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly.

(4)The chief executive must keep a copy of the adopted provisions, as in force from time to time, available for inspection, free of charge, by members of the public at—

(a)the department’s head office; and

(b)other places the chief executive considers appropriate.

(5)The adopted provisions may be made available for inspection in electronic or paper form.

(6)A contravention of subsection (2), (3) or (4) does not invalidate or otherwise affect the regulation.

Division 2 Guidelines

26   Chief executive may make guidelines

(1)The chief executive may make guidelines about—

(a)matters relating to the administration of this Act; or

(b)complying with other requirements imposed under this Act.

(2)Without limiting subsection (1), a guideline may be about the following matters—

(a)the operation of provisions of this Act about monitoring and enforcement of compliance with this Act;

(b)ways in which exhibited animals may be exhibited or dealt with, including, for example, acceptable ways of ensuring an animal’s enclosure appropriately provides for the animal’s normal behaviours;

(c)the type of information the chief executive may consider relevant in a management plan for managing the relevant risks and relevant adverse effects associated with exhibiting or dealing with an exhibited animal.

(3)Before making a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline to give the chief executive written submissions about it.

(4)A failure to take reasonable steps to allow an entity to give the chief executive written submissions about a proposed guideline under subsection (3) does not affect the validity of the guideline.

27   Availability of guidelines

(1)The chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by members of the public at—

(a)the department’s head office; and

(b)other places the chief executive considers appropriate.

(2)Also, the chief executive must publish each guideline, as in force from time to time, on the department’s website.

28   Obligation to have regard to guidelines

(1)A guideline may be taken into account when considering whether a person has or has not discharged the person’s general exhibition and dealing obligation or otherwise complied with this Act.

(2)However, it must not be presumed that a person who has contravened a guideline has breached the person’s general exhibition and dealing obligation or otherwise contravened this Act.

Chapter 3    Exhibited animal authorities

Part 1    Preliminary

29   Meaning of exhibited animal authority and relevant references

(1)An exhibited animal authority is an authority of a category mentioned in section 30 given under this chapter for exhibiting and dealing with an exhibited animal.

(2)Unless otherwise provided, a reference to an exhibited animal authority or an authority in relation to an authorised animal is a reference to the exhibited animal authority under which the animal is authorised to be exhibited and dealt with.

(3)Unless otherwise provided, a reference to an exhibited animal authority or an authority in relation to an authorised enclosure is a reference to—

(a)for an authorised enclosure for an authorised animal (category A)—the exhibited animal authority under which a type of enclosure is authorised for exhibiting or dealing with the animal; or

(b)for an authorised enclosure for an authorised animal (category B) or (category C)—the exhibited animal authority under which the enclosure is authorised for exhibiting or dealing with the animal.

30   Categories of exhibited animal authorities

The chief executive may give exhibited animal authorities of the following categories—

(a)a licence (an exhibition licence) to exhibit and deal with an animal;

(b)a permit (an interstate exhibitors permit) to exhibit and deal with an animal in this State if the animal is the subject of an interstate authority;

(c)an authority (a temporary authority) to deal with an animal for the purpose of—

(i)obtaining an exhibition licence for the animal; or

(ii)disposing of the animal.

31   Meaning of special exhibition approval

A special exhibition approval is an approval given by the chief executive to the holder of an exhibition licence to exhibit and deal with an authorised animal (category C2) at a place identified in the approval that is outside—

(a)a regular enclosure for the animal at a regular enclosure site under the licence; and

(b)a controlled area that includes a regular enclosure for the animal at a regular enclosure site under the licence.

Note—

See section 94(1).

32   Meaning of authorised animal

(1)An authorised animal is an animal that is authorised to be exhibited and dealt with under an exhibited animal authority.

Note—

An exhibited animal authority may identify a particular animal or a species of animal as authorised to be exhibited and dealt with under the authority. See section 64(1)(b) and (c).

(2)The authorised animal may be one of the following—

(a)an authorised animal (category A);

(b)an authorised animal (category B);

(c)an authorised animal (category C).

33   Meaning of authorised animal (category A)

An authorised animal (category A) is an authorised animal that is—

(a)international wildlife; or

(b)any of the following under the Nature Conservation Act—

(i)a class 1 animal;

(ii)a class 2 animal;

(iii)a dangerous animal.

34   Meaning of authorised animal (category B)

An authorised animal (category B) is an authorised animal that is—

(a)any of the following—

(i)dingo (Canis lupus dingo)

(ii)eastern grey kangaroo (Macropus giganteus)

(iii)echidna (Tachyglossus aculeatus)

(iv)estuarine crocodile (Crocodylus porosus)

(v)European rabbit (Oryctolagus cuniculus)

(vi)freshwater crocodile (Crocodylus johnstoni)

(vii)koala (Phascolarctos cinereus)

(viii)long-nosed potoroo (Potorous tridactylus tridactylus)

(ix)platypus (Ornithorhynchus anatinus)

(x)wombat (Family Vombatidae); or

(b)another animal that is neither an authorised animal (category A) nor an authorised animal (category C).

35   Meaning of authorised animal (category C), authorised animal (category C1) and authorised animal (category C2)

(1)An authorised animal (category C) is an authorised animal that is prohibited matter, other than an animal that is international wildlife.

(2)An authorised animal (category C1) is an authorised animal (category C) of a species prescribed by regulation.

(3)An authorised animal (category C2) is an authorised animal (category C) other than an authorised animal (category C1).

(4)The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) only if the Minister is satisfied—

(a)the escape of animals of that species in Australia would pose no more than a low risk of the species becoming established—

(i)for a species the Minister believes is established in Australia but outside the State and whose eradication is not technically feasible—in the State; or

(ii)otherwise—anywhere in Australia; and

(b)the establishment of animals of that species in Australia poses or would pose no more than a moderate risk of an adverse effect on any of the following matters (the relevant considerations)—

(i)the health, safety or wellbeing of a person;

(ii)social amenity, the economy or the environment.

(5)For subsection (4)(a) and (b), in assessing the extent of the risk of a species becoming established and the risk posed by the establishment of the species, the Minister—

(a)must have regard to any relevant scientific assessment of—

(i)the risk of animals that are prohibited matter becoming established in the State or elsewhere in Australia if they were to escape; and

(ii)the risk of an adverse effect on the relevant considerations posed, or that would be posed, by the establishment in Australia of animals that are prohibited matter; and

(b)must consult with relevant entities.

(6)However, a failure to consult under subsection (5)(b) does not affect the validity of a decision under subsection (4)(a) or (b).

(7)In this section—

escape includes release.

relevant entities means entities the Minister considers have an interest in—

(a)preventing the establishment within Australia of animals that are prohibited matter; or

(b)exhibiting animals that are prohibited matter.

36   Meaning of authorised enclosure

(1)An authorised enclosure, for an authorised animal (category A), is an enclosure of a type in which the animal is authorised to be exhibited or dealt with under the exhibited animal authority.

(2)An authorised enclosure, for an authorised animal (category B) or (category C), is an enclosure in which the animal is authorised to be exhibited or dealt with under the exhibited animal authority.

37   Meaning of management plan

(1)A management plan is a plan, submitted by an applicant for an exhibition licence or interstate exhibitors permit, complying with subsections (2) to (4).

(2)The plan must—

(a)for an animal proposed to be exhibited and dealt with under the exhibition licence or interstate exhibitors permit as a particular animal—identify the animal (the subject animal); and

Example of identifying a particular animal—

identifying a particular animal by referring to its species and a unique identifying number obtainable from a microchip inserted in the animal

(b)for an animal proposed to be exhibited and dealt with under the licence or permit only as an animal of a species—identify the species (also, the subject animal); and

(c)state how the applicant proposes to exhibit and deal with the subject animal; and

(d)state the significant relevant risks and relevant adverse effects associated with exhibiting and dealing with the subject animal; and

(e)state the ways in which the applicant intends to prevent or minimise the significant relevant risks and relevant adverse effects; and

Examples for paragraph (e)—

•how the subject animal is to be contained in an authorised enclosure or secured during an exhibition

•if public interaction involving the subject animal is to be authorised, the restrictions to be applied

(f)if the subject animal is not native wildlife, state the arrangements for managing reproduction of the animal, including, for example, arrangements for progeny of the animal.

(3)If the plan is submitted by an applicant for an exhibition licence, the plan must also—

(a)for a subject animal proposed to be an authorised animal (category A), identify each type of enclosure that is proposed to be—

(i)a regular enclosure for the animal; and

(ii)another authorised enclosure for the animal, if any; and

(b)for a subject animal proposed to be an authorised animal (category B) or (category C), identify each enclosure that is proposed to be—

(i)a regular enclosure for the animal; and

(ii)another authorised enclosure for the animal, if any; and

(c)identify each regular enclosure site for a regular enclosure mentioned in paragraph (a)(i) or (b)(i); and

(d)without limiting subsection (2)(c), state—

(i)how the applicant proposes to exhibit and deal with the subject animal in each proposed regular enclosure for the animal; and

(ii)if different from a matter stated under subparagraph (i), how the applicant proposes to exhibit and deal with the subject animal in each other proposed authorised enclosure for the animal.

(4)If the plan is submitted by an applicant for the amendment of an exhibition licence by the grant of a special exhibition approval for an authorised animal (category C2), the plan must also state each matter mentioned in subsection (2)(c) to (f) as it relates to exhibiting and dealing with the animal under the approval.

(5)In this section—

applicant means—

(a)for an exhibition licence, an applicant for—

(i)the grant, renewal or restoration of the licence; or

(ii)the amendment of the licence by the grant of a special exhibition approval or otherwise; or

(b)for an interstate exhibitors permit, an applicant for the grant or amendment of the permit.

significant relevant risks and relevant adverse effects means the relevant risks and relevant adverse effects the applicant considers, or reasonably ought to consider, are significant.

Part 2    Requirement for authority

38   Authority required to exhibit particular animals

(1)This section applies to exhibiting an animal that is—

(a)native wildlife unless, under the Nature Conservation Act, the animal may be kept or used without an NCA authorisation; or

(b)international wildlife; or

(c)prohibited wildlife; or

(d)prohibited matter; or

(e)restricted matter.

Notes—

1Under section 10, this Act does not apply to exhibiting or dealing with particular animals.

2Particular animals to which subsection (1) applies are designated animals under the Biosecurity Act for which a person keeping the animals may be required to apply for registration as a registered biosecurity entity. See the Biosecurity Act, chapter 7, parts 1 and 2.

(2)A person must not exhibit the animal other than under an exhibited animal authority.

Maximum penalty—500 penalty units.

(3)Despite subsection (1)(a), the NCA chief executive exhibiting an animal under the authority of the Nature Conservation Act, section 173P(1) is not excluded from the application of this section only because, under section 173P(2) of that Act, the NCA chief executive does not require an NCA authorisation to keep or use the animal.

(4)In this section—

NCA authorisation means a licence, permit or other authority under the Nature Conservation Act.

prohibited wildlife see the Nature Conservation Act, schedule.

Part 3    Authorisations

Division 1 Preliminary

39   Purpose and application of pt 3

(1)This purpose of this part is to provide for exhibiting and dealing with an authorised animal.

(2)However, the application of a provision of this part to an exhibited animal authority is subject to a condition of the authority provided for by part 7.

Division 2 Exhibition licences

40   Exhibiting and keeping an animal under licence

An exhibition licence authorises the holder to exhibit and keep an authorised animal in the way stated in the licence.

41   Buying or accepting an animal under licence

An exhibition licence authorises the holder to buy or accept an authorised animal—

(a)only from a person who is authorised to sell or give the animal under a law of the State, the Commonwealth or another State; or

(b)for an animal that is imported into the State from a person in a foreign country—only if the importation is authorised under a law of the Commonwealth.

42   Selling or giving an animal under licence

An exhibition licence authorises the holder to sell or give an authorised animal—

(a)only to a person who is authorised to buy or accept the animal under a law of the State, the Commonwealth or another State; or

(b)for an animal that is exported from the State to a person in a foreign country—only if the exportation is authorised under a law of the Commonwealth.

43   Moving an animal under licence

An exhibition licence authorises the holder to move an authorised animal in any of the following ways—

(a)from one authorised enclosure to another authorised enclosure;

(b)from an authorised enclosure to the premises of a veterinary surgeon and return the animal to an authorised enclosure, for treatment or care of the animal;

(c)to a place outside an authorised enclosure—

(i)for exhibiting or dealing with the animal in a way authorised under the licence; or

(ii)if the movement is necessary to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with the animal;

(d)from a place controlled by a person from whom the animal has been bought or accepted under section 41 to an authorised enclosure;

(e)from an authorised enclosure to a place controlled by a person to whom the animal has been sold or given under section 42;

(f)as otherwise stated in the licence or prescribed by regulation.

44   Other authorised dealing under licence

An exhibition licence may authorise any other dealings with an authorised animal as stated in the licence.

Division 3 Interstate exhibitors permits

45   Definitions for div 3

In this division—

primarily authorised animal, for an interstate exhibitors permit, means an animal to which the primary authority for the permit relates.

primary authority, for an interstate exhibitors permit, means the interstate authority, identified in the permit.

46   Exhibiting and keeping an animal under permit

An interstate exhibitors permit authorises the holder to exhibit and keep a primarily authorised animal in the way stated in the permit.

47   Moving an animal under permit

An interstate exhibitors permit authorises the holder to move a primarily authorised animal in any of the following ways—

(a)from one authorised enclosure to another authorised enclosure;

(b)from an authorised enclosure to the premises of a veterinary surgeon and return the animal to an authorised enclosure, for treatment or care of the animal;

(c)to a place outside an authorised enclosure—

(i)for exhibiting or dealing with the animal in a way authorised under the permit; or

(ii)if the movement is necessary to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with the animal;

(d)as otherwise stated in the permit or prescribed by regulation.

Division 4 Temporary authorities

48   Authorisation under temporary authority

A temporary authority authorises the holder to deal with an authorised animal in the way stated in the authority.

Part 4    Applications for grant of particular authorities

Division 1 Preliminary

49   Application of pt 4

This part applies to an application for the grant of either of the following—

(a)an exhibition licence;

(b)an interstate exhibitors permit.

Note—

Under sections 88 and 95, particular sections in this part also apply to an application to renew or restore an exhibition licence and an application to amend an exhibition licence or interstate exhibitors permit.

Division 2 Making application

50   Applying for exhibition licence or interstate exhibitors permit

(1)A person may apply to the chief executive for the grant of an exhibition licence.

(2)The holder of an interstate authority may apply to the chief executive for the grant of an interstate exhibitors permit.

51   Requirements for application

(1)The application must—

(a)be in the approved form; and

(b)be accompanied by—

(i)a management plan for exhibiting and dealing with each particular animal or the animals of each species that are to be authorised animals under the exhibited animal authority applied for; and

(ii)the fee prescribed by regulation.

(2)However, the chief executive may waive payment of the fee if satisfied—

(a)the application relates to exhibiting an animal that is prohibited or restricted matter; and

(b)the proposed exhibition of the animal is aimed at controlling or eradicating animals of that species; and

(c)the applicant will not derive any financial benefit from exhibiting or dealing with the animal under the authority; and

(d)the applicant undertakes in writing to advise the chief executive of the progress and outcomes of exhibiting and dealing with the animal.

52   Withdrawal

(1)The applicant may withdraw the application at any time before the application is decided.

(2)The fee accompanying the application is not refundable if the applicant withdraws the application, or if the application is taken to be withdrawn, under this chapter.

53   Suitability of applicant to hold authority

(1)Before deciding the application, the chief executive may make inquiries about the suitability of the applicant to hold the exhibited animal authority applied for.

(2)An individual is not a suitable person to hold an exhibited animal authority if the individual is an insolvent under administration.

(3)A corporation is not a suitable person to hold an exhibited animal authority if—

(a)the corporation is placed in receivership or liquidation; or

(b)an executive officer of the corporation is an insolvent under administration.

(4)In deciding whether the applicant is a suitable person to hold an exhibited animal authority, the chief executive may have regard to the following—

(a)whether the applicant, or an associate of the applicant, has been refused an exhibited animal authority or similar authority;

(b)whether the applicant, or an associate of the applicant, held an exhibited animal authority or similar authority and it was suspended or cancelled;

(c)whether the applicant, or an associate of the applicant, has a conviction for a relevant offence, other than a spent conviction;

(d)any other matter the chief executive considers relevant to the applicant’s ability to exhibit or deal with an animal under the authority applied for, including the applicant’s capacity to comply with conditions of the authority.

(5)In this section—

conviction includes a finding of guilt, whether or not a conviction is recorded.

similar authority means—

(a)a general fisheries permit under the Fisheries Act 1994 for an activity involving noxious fisheries resources under that Act, as in force before the commencement of the Biosecurity Act, section 542; or

(b)a declared pest permit issued under the Stock Route Management Act 2002, chapter 2, part 7, division 1, as in force before the commencement of the Biosecurity Act, section 550; or

(c)a wildlife demonstrator licence or wildlife exhibitor licence under the Nature Conservation (Administration) Regulation 2006, as in force before the commencement of this section; or

(d)an authority under the Nature Conservation Act, other than a licence mentioned in paragraph (c), to use or keep an animal; or

(e)an authority (however described) under a corresponding law to this Act that is similar to an exhibition licence or interstate exhibitors permit; or

(f)an authority (however described) under a law of the Commonwealth or another State that, before the commencement of this section, corresponded or substantially corresponded to a permit or licence mentioned in paragraph (a), (b) or (c).

54   Requirement for further information or document

(1)Before deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within a reasonable stated period of at least 30 days, further information or a document the chief executive reasonably requires to decide the application.

(2)The notice may require the further information or document to be included in the management plan or an amended management plan.

(3)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement under subsection (1).

(4)A notice under subsection (1) may be given to the applicant only within 30 days after the chief executive receives the application.

(5)The information or document must be verified by statutory declaration, if so required by the notice.

55   Request to consent to official assessment (application)

(1)This section applies if—

(a)the application is for the grant of an exhibition licence; and

(b)the chief executive considers an official assessment (application) is reasonably required to decide the application.

(2)Before deciding the application, the chief executive may, by notice given to the applicant, ask the applicant, within a reasonable stated period of at least 30 days, to give the chief executive written consent to an official assessment (application).

(3)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not give the consent.

(4)A notice under subsection (2) may be given to the applicant only within 30 days after the chief executive receives the application.

56   Amendment of application

(1)At any time before deciding the application, the chief executive may give a notice to the applicant—

(a)stating any changes the chief executive recommends to the application, including the management plan; and

(b)inviting the applicant to give the chief executive an amended application reflecting the changes within a reasonable stated period of at least 30 days.

(2)To remove any doubt, it is declared that if the applicant gives the chief executive an amended application in response to the notice within the stated period, sections 52 to 55 apply to the amended application.

Division 3 Deciding application

57   Consideration of application

(1)The chief executive must consider the application and decide to—

(a)grant the application; or

(b)grant the application on conditions; or

(c)refuse to grant the application.

(2)Section 77(2) applies to conditions imposed under subsection (1)(b).

58   General criteria for decision

(1)The chief executive may grant the application, with or without conditions, only if—

(a)for an applicant who is an individual, the applicant is an adult; and

(b)the chief executive—

(i)is satisfied the applicant is a suitable person to hold the exhibited animal authority applied for; and

(ii)approves a management plan for exhibiting and dealing with each particular animal or the animals of each species that are to be authorised under the authority (the proposed authorised animals); and

(c)for an application in relation to an activity that is categorised as assessable development under the Planning Act 2016—a development approval has been given under that Act for the development; and

(d)for an application in relation to an activity that is PDA-related development and is PDA assessable development under the Economic Development Act 2012—a PDA development approval has been given under that Act for the development.

(2)For subsection (1)(b)(ii), the chief executive may approve a management plan only if satisfied the proposed authorised animals will be exhibited and dealt with under the management plan in a way that prevents or minimises the relevant risks and relevant adverse effects associated with exhibiting or dealing with the animals.

(3)In this section—

PDA-related development means—

(a)development in a priority development area under the Economic Development Act 2012; or

(b)PDA-associated development for a priority development area under the Economic Development Act 2012.

59   Particular criterion for exhibiting or dealing with animal in residential premises

If the application relates to exhibiting or dealing with an animal in premises or a part of premises used for residential purposes, the chief executive may grant the application only if the applicant—

(a)is the occupier of the premises or part; and

(b)has given the chief executive written consent for an inspector to enter the premises or part under section 69(1)(g).

60   Particular criteria for exhibiting or dealing with animal at 2 or more premises

If the application relates to exhibiting or dealing with 1 or more animals at 2 or more premises, the chief executive may grant the application only if satisfied—

(a)exhibiting or dealing with the animals at each of the premises is operationally interrelated; and

(b)the same individuals (the designated carers) will have the day-to-day care and control of the animals at each of the premises; and

(c)the location of each of the premises allows the integrated day-to-day care and control of the animals by the designated carers to be feasible.

61   Decision on application

(1)If the chief executive decides to grant the application, the chief executive must give the applicant the exhibited animal authority applied for.

(2)If the chief executive refuses to grant the application, or decides to grant the application on conditions other than those applied for, the chief executive must give the applicant an information notice for the decision.

62   Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 40 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if the chief executive has—

(a)required the applicant to give further information or a document under section 54(1); or

(b)asked the applicant to consent to an official assessment (application) under section 55(2).

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 40 days after the chief executive receives the further information or document or the consent.

(4)If the chief executive is taken to have refused to grant the application, the applicant is entitled to be given an information notice for the decision by the chief executive.

Part 5    Granting temporary authorities

63   Chief executive may grant temporary authority

(1)This section applies if—

(a)any of the following happens—

(i)an exhibition licence is cancelled or suspended;

(ii)the holder of an exhibition licence does not apply for its renewal or restoration under section 87(1) or (2) and the licence expires;

(iii)an application for renewal or restoration of an exhibition licence is withdrawn or taken to have been withdrawn and the licence expires;

(iv)the chief executive decides to refuse, or is taken to have refused, to renew or restore an exhibition licence and the licence expires;

(v)an interstate exhibitors permit expires or is cancelled or suspended and an animal to which the permit related is in the State; and

(b)the chief executive considers there may not be adequate arrangements in place for managing the relevant risks or relevant adverse effects associated with exhibiting and dealing with an animal that was an authorised animal under the exhibition licence or interstate exhibitors permit.

(2)The chief executive may grant a temporary authority to the person who was the holder of the exhibition licence or interstate exhibitors permit.

(3)If a temporary authority is granted, the exhibition licence or interstate exhibitors permit mentioned in subsection (2) is the previous authority for the temporary authority.

(4)Subsections (1)(a)(ii) to (v) and (2) do not prevent the chief executive granting a temporary authority before the expiry of the previous authority for the temporary authority, but the temporary authority takes effect only when the previous authority expires.

Part 6    Authority provisions

Division 1 Contents

64   Content of each exhibited animal authority

(1)An exhibited animal authority must—

(a)state the name and contact details of the authority holder; and

(b)for an animal authorised to be exhibited and dealt with under the authority as a particular animal—identify the animal; and

(c)for an animal authorised to be exhibited and dealt with under the authority only as an animal of a species—identify the species which may include, for example, referring to an identifiable grouping of animals of the species; and

(d)state the dealings with an authorised animal that are authorised under the authority; and

(e)for an authorised animal (category A)—identify each authorised type of enclosure in which the animal may be exhibited and dealt with under the authority; and

(f)for an authorised animal (category B) or (category C)—identify each authorised enclosure for the animal; and

(g)state the way in which an authorised animal is authorised to be exhibited, including, for example—

(i)allowing members of the public to enter an authorised enclosure and view the animal in a stated way; or

Example—

allowing members of the public to enter a safari park in motor vehicles and view an authorised animal from within the vehicles

(ii)exhibiting the animal outside an authorised enclosure in a stated way; and

Example of a stated way—

allowing members of the public to handle an animal under the direct supervision of a responsible person for the animal

(h)state the special conditions of the authority; and

(i)state the term of the authority; and

(j)include the approved management plan for the authority.

(2)For subsection (1)(b) to (g), an exhibited animal authority may identify or state a matter by reference to a matter identified or stated in the approved management plan for the authority.

65   Additional content for exhibition licence

(1)In addition to the matters mentioned in section 64, an exhibition licence must identify—

(a)for an authorised animal (category A)—each authorised type of enclosure mentioned in section 64(1)(e) that is an authorised type of regular enclosure for the animal; and

(b)for an authorised animal (category B) or (category C)— each authorised enclosure mentioned in section 64(1)(f) that is a regular enclosure for the animal; and

(c)each regular enclosure site under the licence for a regular enclosure.

Note—

See sections 71 and 73 for particular mandatory conditions relating to regular enclosures and regular enclosure sites.

(2)For subsection (1)(a) to (c), an exhibition licence may identify a matter by reference to a matter identified or stated in the approved management plan for the licence.

(3)If the exhibition licence has been amended by granting a special exhibition approval for an authorised animal (category C2), the exhibition licence must include the special exhibition approval.

66   Additional content of interstate exhibitors permit

In addition to the matters mentioned in section 64, an interstate exhibitors permit must identify the primary authority for the permit.

67   Temporary authority may include other matters

(1)A temporary authority may include any other provision of the previous authority for the temporary authority.

(2)A temporary authority complies with section 64(1)(a) to (g) (each a relevant paragraph) if the temporary authority includes a provision of the previous authority complying with the relevant paragraph.

Division 2 Term

68   Term of exhibited animal authority

(1)An exhibited animal authority remains in force, unless sooner suspended or cancelled, for the term decided by the chief executive and stated in the authority.

(2)However, the term of an exhibition licence must not be more than 3 years.

(3)Also, the term of an interstate exhibitors permit—

(a)must not be more than 1 year; and

(b)must not extend beyond the end of the term of the primary authority for the permit.

Part 7    Authority conditions

Division 1 Mandatory conditions—all authorities

69   Mandatory conditions of exhibited animal authority

(1)Each of the following is a condition of an exhibited animal authority—

(a)each particular authorised animal or animal of each species of authorised animal must be supplied with an authorised enclosure suitable for the animal’s use;

(b)no animal may be exhibited or dealt with in an authorised enclosure other than an animal authorised under the authority to be exhibited or dealt with in the enclosure;

(c)an authorised animal must, to the greatest extent practicable, have the use of the entire enclosure in which it is exhibited or kept;

(d)an authorised animal may be exhibited and dealt with only in a way authorised under the authority and consistent with the approved management plan for the authority;

(e)if an authorised animal is authorised to be exhibited outside an authorised enclosure, whether inside or outside a controlled area, the animal must be under the immediate control of a responsible person for the animal while it is so exhibited;

(f)if an authorised animal is authorised to be dealt with outside an authorised enclosure and a controlled area, the animal must be under the immediate control of a responsible person for the animal while it is so dealt with;

(g)if an animal is authorised to be exhibited or dealt with in premises or a part of premises used for residential purposes and occupied by the authority holder, the holder must consent to an inspector entering the premises or part (at any reasonable time but on written or oral notice of at least 1 hour) to inspect an authorised animal or enclosure to monitor compliance with this Act;

(h)while an authorised animal is being exhibited, an exhibition notice must be displayed in a prominent position so it is easily visible to persons attending the place where the animal is exhibited;

(i)an authorised animal with visible signs of serious illness or injury may be exhibited only if information about the nature and cause, or suspected nature and cause, of the illness or injury is made available to persons viewing the animal;

Examples of making information available for paragraph (i)—

•showing the information in a sign placed in a prominent position near the enclosure in which the animal is exhibited

•arranging for a competent person to explain the nature and cause of the illness or injury to persons viewing the animal

(j)an occurrence of serious aggressive behaviour of a particular authorised animal must not be disclosed to a member of the public for an advertising, marketing or promotional purpose;

(k)the reproduction of an authorised animal that is not native wildlife must be managed in accordance with the approved management plan for the authority;

(l)any other condition prescribed by regulation.

(2)To remove any doubt, it is declared that subsection (1)(a) to (c) does not prevent more than 1 authorised animal being exhibited or dealt with in the same enclosure.

(3)In this section—

exhibition notice, for exhibiting an authorised animal, means a notice stating—

(a)the name and contact details, other than a residential address, of the authority holder; and

(b)the term of the authority.

serious aggressive behaviour means behaviour that has caused the death of, or serious injury or illness to or of, a person.

Division 2 Mandatory conditions—exhibition licences

Subdivision 1 Preliminary

70   Application of div 2

This division states further conditions that apply to an exhibition licence.

Subdivision 2 Exhibiting and keeping authorised animals generally

71   Particular conditions about regular enclosures

Each of the following is also a condition of an exhibition licence—

(a)an authorised animal must remain in a regular enclosure for the animal, other than to the extent (if any) the licence authorises the animal to be exhibited or dealt with outside the enclosure;

(b)each regular enclosure for an authorised animal must remain at a regular enclosure site under the licence, other than to the extent (if any) the licence authorises the enclosure to be located elsewhere;

(c)each regular enclosure site under the licence must be located at premises of which the licence holder is the occupier.

72   Keeping authorised animal

It is a condition of an exhibition licence that an authorised animal must be kept under the licence for at least 1 month, unless the chief executive gives written approval for the earlier disposal of the animal.

73   Exhibiting authorised animal (category C2)

It is a condition of an exhibition licence that an authorised animal (category C2) may be exhibited only at—

(a)a regular enclosure for the animal at a regular enclosure site under the licence; or

(b)a place outside a regular enclosure site under the licence but within a controlled area including a regular enclosure for the animal at the site; or

(c)another place, but only if the exhibition is authorised under a special exhibition approval included in the licence.

Note—

See sections 65(3) and 265.

Subdivision 3 Minimum exhibition periods

74   Application of sdiv 3

This subdivision applies to an exhibition licence subject to any other condition of the licence about the way in which the animal is to be exhibited.

75   Minimum number of occasions for exhibiting authorised animal (category B)

(1)This section applies to exhibiting an authorised animal (category B) whether identified in an exhibition licence as a particular animal or only as an animal of a species.

Note—

See also section 265.

(2)It is a condition of the licence that at least 1 authorised animal of the species must be exhibited in each calendar month (the relevant month) during the term of the exhibition licence.

(3)However, the condition is taken to have been complied with if at least 1 authorised animal of the species has been exhibited—

(a)on a combined total of at least 12 separate occasions in the year (the preceding year) ending immediately before the relevant month; or

(b)if animals of the species have been kept under the licence for only part of the preceding year (the interim period)—on a combined total number of separate occasions at least equal to the number of whole calendar months in the interim period.

Example for paragraph (b)—

Authorised animals (category B) of a species have been kept under an exhibition licence for 6 months and 10 days in the preceding year and exhibited on 6 separate occasions in that period. The condition is taken to have been complied with.

(4)Despite section 13(2)(a), the display of an animal at a private event is not an exhibition of the animal for subsection (2) or (3) if the animal is displayed at a regular enclosure site under the licence.

(5)Also, despite section 13(3), a responsible person for an authorised animal recording the animal’s image is not an exhibition of the animal for subsection (2) or (3) unless the recording is by way of filming for a film or television production in the form of a story, narrative or documentary.

(6)In this section—

separate occasion, for exhibiting an animal, means—

(a)if the animal is exhibited more than once on a particular day to audiences not consisting substantially of the same people—each occasion the animal is exhibited on that day; or

(b)otherwise—a particular day on which the animal is exhibited.

76   Minimum exhibition period for authorised animal (category C)

(1)This section applies to exhibiting an authorised animal (category C) whether identified in an exhibition licence as a particular animal or only as an animal of a species.

Note—

See, however, section 265.

(2)It is a condition of the licence that at least 1 authorised animal of the species must be exhibited for a combined total of at least 50 hours in each calendar month (the relevant month) during the term of the exhibition licence.

(3)However, the condition is taken to have been complied with if at least 1 authorised animal of the species has been exhibited—

(a)for a combined total of at least 600 hours in the year (the preceding year) ending immediately before the relevant month; or

(b)if animals of the species have been kept under the licence for only part of the preceding year (the interim period)—for a combined total number of hours that corresponds to an average of at least 50 hours in each whole calendar month in the interim period.

Example for paragraph (b)—

Authorised animals (category C) of a species have been kept under an exhibition licence for 6 months and 10 days in the preceding year. The animals are exhibited for a combined total of 300 hours averaging 50 hours for each whole month in the period. The condition is taken to have been complied with.

(4)An authorised animal (category C2) is exhibited for subsection (2) or (3) only to the extent it is exhibited for at least 3 hours on each occasion it is exhibited.

(5)Despite section 13(2)(a), the display of an animal at a private event is not an exhibition of the animal for subsection (2) or (3).

(6)Also, despite section 13(3), a responsible person for an authorised animal recording the animal’s image is not an exhibition of the animal for subsection (2) or (3) unless the recording is by way of filming for a film or television production in the form of a story, narrative or documentary.

Division 3 Other authority conditions and related matters

77   Conditions of authority decided by the chief executive

(1)In addition to the mandatory conditions, an exhibited animal authority is subject to the conditions for the authority decided by the chief executive and stated in the authority (the special conditions).

(2)The special conditions must be those the chief executive considers appropriate, having regard to the relevant risks and relevant adverse effects associated with exhibiting or dealing with an authorised animal under the exhibited animal authority.

(3)Without limiting subsection (2), the special conditions may be about any of the following—

(a)the maximum or minimum number of authorised animals that may be exhibited and dealt with under the exhibited animal authority;

(b)prohibiting or restricting the reproduction of an authorised animal;

(c)requiring the authority holder to maintain public risk insurance of a stated amount as the chief executive considers is reasonable having regard to the exhibitions and dealings authorised under the exhibited animal authority;

(d)a record requirement.

(4)Also, without limiting subsection (2), a temporary authority may include a condition equivalent or similar to a mandatory condition of an exhibition licence.

(5)A special condition of an exhibited animal authority may allow something to be done or omitted to be done that, other than for this subsection and section 79, would contravene a mandatory condition of the authority, but only if the special condition applies for a period, of no more than 1 year, stated in the authority.

Examples for subsection (5)—

1An eastern grey kangaroo that is an authorised animal under an exhibition licence requires prolonged training to prepare it for filming for a television production. The licence is amended to include a condition allowing the holder to train the animal for 6 months without being required to comply with the mandatory condition under section 75.

2An exhibition licence holder (the new owner) obtains an authorised animal (category C) at short notice from another holder of an exhibition licence who is having difficulties properly managing the animal. To allow adequate time to arrange to exhibit the animal, the new owner’s licence is amended to include a condition allowing the new owner to keep the animal for 3 months without being required to comply with the mandatory condition under section 76.

78   Inconsistency between licence and approval conditions

(1)This section applies if there is an inconsistency between—

(a)a mandatory condition or a special condition of an exhibition licence applying to an authorised animal; and

(b)a condition of a special exhibition approval, granted under section 96(1), applying to the authorised animal (the approval condition).

(2)The approval condition prevails to the extent of the inconsistency while the authorised animal is exhibited or dealt with under the special exhibition approval.

79   Inconsistency between temporary and mandatory conditions

(1)This section applies to the following conditions (each a temporary condition)—

(a)a special condition of an exhibited animal authority to which section 77(5) applies;

(b)a condition of an exhibition licence or interstate exhibitors permit decided under section 137(5)(b) that is inconsistent with a mandatory condition of the licence or permit.

(2)The temporary condition prevails to the extent of the inconsistency with the mandatory condition.

Part 8    Obligations under exhibited animal authorities

Division 1 Notification obligations

Subdivision 1 Preliminary

80   Definitions for div 1

In this division—

serious incident means any of the following—

(a)the death of, or serious injury or illness to or of, a person caused by or originating from an authorised animal;

(b)the escape, or unauthorised release or removal, of a special risk animal from an authorised enclosure, whether into a controlled area or elsewhere;

(c)the escape, or unauthorised release or removal, of any authorised animal from a controlled area;

(d)a responsible person for an authorised animal not having immediate control of the animal while it is outside an authorised enclosure and a controlled area, unless paragraph (b) or (c) applies;

(e)the death of an authorised animal if—

(i)animals of that species have been kept under the exhibited animal authority for less than 6 months and have an average life expectancy of at least 6 months; and

(ii)the animal lived for less than the average life expectancy;

(f)the death of an authorised animal caused, or contributed to, by the act or omission of a person, other than euthanasia of the animal authorised by the authority holder;

(g)an unexplained or abnormally high mortality rate or morbidity of authorised animals;

(h)damage to an authorised enclosure or an adjacent structure that is not repaired immediately and is reasonably likely to—

(i)adversely affect the suitability of the enclosure for accommodating an authorised animal; or

(ii)increase a relevant risk or relevant adverse effect associated with exhibiting or dealing with an authorised animal;

(i)unauthorised entry to an authorised enclosure or controlled area.

significant change see section 82(1).

special risk animal means—

(a)an authorised animal (category C); or

(b)another authorised animal that is any of the following—

(i)a venomous animal;

(ii)an estuarine crocodile (Crocodylus porosus);

(iii)a freshwater crocodile (Crocodylus johnstoni).

Subdivision 2 Authority holders

81   Obligation to notify serious incidents

(1)The authority holder must notify the chief executive, as required under this section, of a serious incident relating to an authorised animal immediately after the holder becomes aware of the incident, unless the holder has a reasonable excuse.

Maximum penalty—100 penalty units.

Note—

An incident relating to an authorised animal may also be a notifiable incident of which advice must be given to an inspector under the Biosecurity Act. See the Biosecurity Act, section 47.

(2)The authority holder must give the notification by the faster of the following ways—

(a)by telephone, including giving the details of the serious incident requested by the chief executive;

(b)by notice.

Example for paragraph (b)—

giving the notice by email or another electronic communication

(3)After the chief executive receives notification under subsection (2)(a) or (b), the chief executive must give the authority holder, in the same way the notification was received—

(a)a direction to give notice of the incident in the approved form within 48 hours after giving the direction; or

(b)an acknowledgement of receiving the notification.

(4)If the authority holder gives, or attempts to give, notification by telephone and does not receive a direction under subsection (3)(a) or an acknowledgement under subsection (3)(b), the holder must give the notification as required by subsection (2)(b).

82   Obligation to notify significant change

(1)This section applies to the authority holder if any of the following (each a significant change) happens—

(a)a person moves an authorised animal outside of an authorised enclosure under section 43(c)(ii) or 47(c)(ii);

(b)a person deals with an authorised animal in a way—

(i)that is not authorised under the authority; and

(ii)that the person considers is necessary to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with the animal;

(c)for an interstate exhibitors permit, the primary authority for the permit is—

(i)suspended, cancelled or surrendered; or

(ii)amended in a way that has the effect, in the State where the primary authority was issued, of ending the authorisation to exhibit or deal with an animal to which the permit applies.

(2)The authority holder must give the chief executive notice of the significant change in the approved form within the following period—

(a)for a significant change mentioned in subsection (1)(a) or (b)—48 hours after the change happens;

(b)for a significant change mentioned in subsection (1)(c)—7 days after the change happens.

Maximum penalty—50 penalty units.

83   Evidential immunity for notification

(1)Subsection (2) applies if an individual holding an exhibited animal authority gives the chief executive any of the following (each a notification)—

(a)a notification of a serious incident as mentioned in section 81(1);

(b)a notice of a serious incident as mentioned in section 81(3)(a);

(c)a notice of a significant change as mentioned in section 82(2).

(2)Evidence of the notification, and other evidence directly or indirectly derived from the notification, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of the notification or anything in the notification or in which the false or misleading nature of the notification or anything in it is relevant evidence.

Subdivision 3 Persons acting under authorities

84   Obligation of person to notify authority holder

(1)This section applies if a person—

(a)is acting under an exhibited animal authority; and

(b)is not the authority holder; and

(c)becomes aware of a serious incident.

(2)The person must, no later than 24 hours after becoming aware of the serious incident and unless the person has a reasonable excuse—

(a)notify the authority holder of the incident, its nature and the circumstances in which it happened; or

(b)if the person can not contact the authority holder—give the chief executive notice of the incident, its nature and the circumstances in which it happened.

Maximum penalty—100 penalty units.

Division 2 Other obligations

85   Contravention of authority condition

(1)The authority holder must not contravene a condition of the authority unless the holder has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a defence to a prosecution for an offence against subsection (1) relating to a contravention of a condition mentioned in section 69(1)(c) or (d), 75(2), 76(2) or 77(1) for the defendant to prove there is a signed veterinary surgeon’s certificate stating the contravention was necessary to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with an authorised animal.

86   Record requirements

(1)A regulation, a condition of an exhibited animal authority, or the chief executive by notice given to the authority holder, may require (a record requirement) the holder to do any of the following—

(a)record stated information (the required information) relating to exhibiting or dealing with an authorised animal in a stated way or at stated intervals or times;

(b)keep the required information in a stated way or at a stated place or for a stated period;

(c)give the chief executive or another stated person the required information in a stated way or at stated intervals or times.

(2)The authority holder must comply with the requirement unless the holder has a reasonable excuse.

Maximum penalty—200 penalty units

(3)An authority holder who is required to create a record under a record requirement must ensure the record does not contain information the holder knows or ought reasonably to know is false, misleading or incomplete in a material particular, unless the holder has a reasonable excuse.

Maximum penalty—200 penalty units

Part 9    Other applications relating to particular authorities

Division 1 Renewal or restoration

87   Application for renewal or restoration of exhibition licence

(1)The holder of an exhibition licence may apply to the chief executive for renewal of the licence no earlier than 6 months and no later than 3 months before the term of the licence ends (the renewal period).

(2)The holder or former holder of an exhibition licence may apply to the chief executive, after the end of the renewal period until 3 months after the term of the licence ends, for—

(a)renewal of the licence; or

(b)if the licence has expired—restoration of the licence.

(3)An application for renewal or restoration of an exhibition licence must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed by regulation.

(4)However, the chief executive may waive payment of the fee if the chief executive waived payment of the application fee for the grant of the exhibition licence under section 51(2).

(5)The application may also be accompanied by either or both of the following—

(a)a new management plan;

(b)a private assessment report for exhibiting and dealing with an animal that is, or is to be, authorised under the exhibition licence.

Note—

See section 108.

88   Application of relevant provisions to application

(1)Each of the relevant provisions applies to an application for renewal or restoration of an exhibition licence as if—

(a)a reference in a relevant provision to an application were a reference to the application for renewal or restoration of the licence; and

(b)a reference in a relevant provision to an applicant were a reference to the applicant for renewal or restoration of the licence.

(2)This section is subject to sections 89 and 90.

(3)In this section—

relevant provisions means sections 52 to 56, 58 to 60 and 62.

89   Continuation of approved management plan

An approved management plan for an exhibition licence continues in force if—

(a)the application for renewal or restoration of the licence is not accompanied by a new management plan; or

(b)both of the following apply—

(i)the application is accompanied by a new management plan that the chief executive considers includes a material change from the approved management plan;

(ii)the chief executive asks the applicant to apply under division 2 to amend the licence to reflect the change.

90   Request for consent to official assessment (application)

Section 55(2) does not apply to an application for renewal or restoration of an exhibition licence if the application is accompanied by a private assessment report unless—

(a)the report states that in the opinion of the accredited person preparing it—

(i)an authorised animal has not been, or is not being, exhibited or dealt with in compliance with this Act; or

(ii)an enclosure in which an authorised animal has been, is being, or is expected to be, exhibited or dealt with does not comply with this Act; or

(b)an accredited person gives the chief executive details under section 121(3) about an alleged contravention of this Act by the applicant; or

(c)the chief executive considers the application should not be decided on the basis of the report.

Example for paragraph (c)—

A private assessment report for an application for an exhibition licence states the facts and circumstances forming the basis for the accredited person’s belief that activities are being carried out under the licence that the accredited person was not able to observe. The chief executive may consider the application should not be decided on the basis of the report.

91   Deciding application

(1)The chief executive must consider an application mentioned in section 87(1) and decide to renew, or refuse to renew, the exhibition licence.

(2)The chief executive must consider an application mentioned in section 87(2) and decide to—

(a)renew, or refuse to renew, the exhibition licence; or

(b)for an exhibition licence that has expired—restore, or refuse to restore, the licence.

(3)Without limiting subsection (1) or (2), the chief executive must have regard to any contravention of an exhibited animal direction by the applicant.

(4)If the chief executive decides under subsection (1) or (2) to refuse to renew or restore the exhibition licence, the chief executive must give the applicant an information notice for the decision.

(5)An exhibition licence may be renewed or restored by the giving of another licence to replace it.

92   Licence continues pending decision about renewal

(1)This section applies only if the holder of an exhibition licence applies for renewal of the licence under section 87(1).

(2)The licence is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or is taken to have been decided or withdrawn.

(3)Despite subsection (2), if the chief executive decides to refuse to renew the exhibition licence, or is taken to refuse to renew the licence, the licence continues in force until the information notice for the decision is given to the applicant.

(4)Subsection (2) does not apply if the exhibition licence is earlier suspended or cancelled.

Division 2 Amendment

93   Application of div 2

This division applies to each of the following exhibited animal authorities—

(a)an exhibition licence;

(b)an interstate exhibitors permit.

94   Application to amend authority

(1)The holder of an exhibition licence may apply to the chief executive to amend the licence by granting a special exhibition approval for an authorised animal (category C2).

(2)The authority holder may apply to the chief executive to amend the authority, otherwise than under subsection (1).

(3)However, the authority holder may not apply to amend the term of the authority in a way that is not allowable under section 68.

(4)The application must—

(a)be in the approved form; and

(b)be accompanied by—

(i)if the proposed amendment is relevant to a matter mentioned in section 37(2) to (4)—a new management plan; and

(ii)the fee prescribed by regulation.

95   Application of relevant provisions to amendment application

(1)Subject to subsections (2) and (3), each of the relevant provisions applies to an application to amend an exhibited animal authority as if—

(a)a reference in a relevant provision to an application were a reference to an application to amend the authority; and

(b)a reference in a relevant provision to an applicant were a reference to an applicant for an application to amend the authority.

(2)Section 55 applies only to an application to amend an exhibition licence.

(3)Section 58(1)(b)(ii) and (2) does not apply to an application if the proposed amendment is not relevant to a matter mentioned in section 37(2) to (4).

(4)In this section—

relevant provisions means sections 52 to 56, 58 to 60 and 62.

96   Deciding application for special exhibition approval

(1)If the application is made under section 94(1), the chief executive must consider the application and decide to—

(a)grant the special exhibition approval; or

(b)grant the special exhibition approval on conditions; or

(c)refuse to grant the special exhibition approval.

(2)Without limiting subsection (1), the chief executive must have regard to any contravention of an exhibited animal direction by the applicant.

(3)The chief executive may grant the special exhibition approval only for a period ending no later than—

(a)1 year after the grant of the approval; or

(b)if the term of the exhibition licence to which the approval relates will sooner end—the day the term of the licence ends.

(4)If the chief executive decides to grant the special exhibition approval—

(a)the chief executive must give the applicant the approval; and

(b)the approval is taken to be part of the exhibition licence to which it relates while the approval is in force.

(5)If the chief executive refuses to grant the special exhibition approval or decides to grant the approval on conditions other than those applied for, the chief executive must give the applicant an information notice for the decision.

97   Deciding another amendment application

(1)If the application is made under section 94(2), the chief executive must consider the application and decide to—

(a)amend the exhibited animal authority; or

(b)amend the exhibited animal authority on conditions that are relevant to the amendment; or

258   Delegation by chief executive

The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service employee or inspector.

259   Civil liability of person for helping inspector

(1)This section applies if—

(a)a person is acting under the direction of an inspector; or

(b)an inspector asks a person to help the inspector to exercise a power under this Act and the person is giving the inspector the help.

(2)The person does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with acting under the direction or giving the help.

(3)If subsection (2) prevents liability attaching to a person, the liability attaches instead to the State.

(4)If liability attaches to the State under subsection (3), the State may recover contribution from the person but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(5)This section does not apply to a person who is a prescribed person under the Public Sector Act 2022, section 267 engaging in conduct in an official capacity under section 269 of that Act.

Note—

For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022, section 267, see the Public Sector Act 2022, section 269.

(6)In this section—

civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

conduct means an act or an omission to perform an act.

260   Approval of forms

The chief executive may approve forms for use under this Act.

260A    Electronic notices

(1)The chief executive may give a notice or other document to a person by electronic communication to an electronic address of the person if the person—

(a)gave the address to the chief executive for the purpose of communicating with the person; and

(b)has not asked the chief executive to discontinue use of the address.

Examples of an electronic address—

an email address or mobile phone number

(2)This section does not limit the Electronic Transactions (Queensland) Act 2001.

261   Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about the following—

(a)identifying exhibited animals;

(b)qualifications, training or experience required by persons acting under exhibited animal authorities;

(c)fees payable under this Act;

(d)imposing a penalty of no more than 20 penalty units for contravention of a provision of a regulation.

Chapter 9    Transitional provisions for Act No. 5 of 2015

Part 1    Preliminary

262   Definitions for ch 9

In this chapter—

Administration Regulation means the Nature Conservation (Administration) Regulation 2006.

declared pest animal means an animal that was a declared pest under the Stock Route Management Act immediately before the commencement of the Biosecurity Act, section 550.

declared pest permit means a declared pest permit under the Stock Route Management Act, previous chapter 2, part 7.

Notes—

1For transitional provisions relating to the continuation of declared pest permits, see the Biosecurity Act, chapter 19, part 2 and schedule 3, section 60.

2Immediately before the commencement of the Biosecurity Act, section 545, the short title of the Stock Route Management Act 2002 was the Land Protection (Pest and Stock Route Management Act) 2002.

general fisheries permit means the permit of that name under the Fisheries Act 1994.

noxious fisheries resources means noxious fisheries resources under the Fisheries Act 1994 as in force immediately before the commencement of the Biosecurity Act, section 542.

Pest Management Regulation means the Land Protection (Pest and Stock Route Management) Regulation 2003.

pre-amended, in relation to a provision of the Administration Regulation or Wildlife Management Regulation, means the provision as in force immediately before the commencement.

previous means—

(a)in relation to a provision of the Stock Route Management Act, the provision as in force immediately before the commencement of the Biosecurity Act, section 550; or

(b)in relation to a provision of the Pest Management Regulation, the provision as in force—

(i)immediately before the commencement of the Biosecurity Act, section 550; or

(ii)if the regulation has sooner expired or been repealed—immediately before the expiry or repeal.

relevant entity means an entity prescribed for the Stock Route Management Act, previous section 60(2) and, at any time, was an entity mentioned in the Pest Management Regulation, previous section 8B, 8C, 8D or 8G.

relevant purpose means a purpose prescribed for the Stock Route Management Act, previous section 60(2), and at any time was a purpose mentioned in the Pest Management Regulation, previous section 8B, 8C, 8D or 8G.

Editor’s note—

Pest Management Regulation—

•section 8B (Circus entertainment)

•section 8C (Prescribed education program)

•section 8D (Magic act)

•section 8G (Display in zoo or filming for prescribed film or television production)

Stock Route Management Act means the Stock Route Management Act 2002.

wildlife demonstrator licence means the licence of that name mentioned in the Administration Regulation, pre-amended section 11(g).

wildlife exhibitor licence means the licence of that name mentioned in the Administration Regulation, pre-amended section 11(h).

Wildlife Management Regulation means the Nature Conservation (Wildlife Management) Regulation 2006.

Part 2    Declared pest permits

263   Undecided application for declared pest permit

(1)This section applies if—

(a)before the commencement, an application (the original application) was made under the Stock Route Management Act, previous section 58 for or to renew a declared pest permit for a relevant entity to introduce or keep a declared pest animal for a relevant purpose; and

(b)the original application was not decided by the commencement.

(2)Subject to subsections (3) and (4), the original application is taken to be an application under section 50(1) for the grant of an exhibition licence for the relevant entity to exhibit and deal with the animal for the relevant purpose.

(3)The application is not required to be accompanied by the fee mentioned in section 51(1)(b)(ii).

(4)Also, if—

(a)the applicant held a declared pest permit of the type applied for at the time of making the original application; and

(b)an official assessment (application) is carried out for deciding the application under this Act;

the applicant is not required to pay the prescribed fee mentioned in section 105(2).

(5)To remove any doubt, it is declared that section 54 applies to the application even if the applicant has given further information or documents under the Stock Route Management Act, previous section 59.

(6)This section applies despite anything to the contrary in the Biosecurity Act, section 507 or schedule 3, sections 19 and 59.

264   Fee for first exhibition licence application

(1)This section applies if—

(a)immediately before the commencement, a relevant entity held a declared pest permit for introducing or keeping a declared pest animal for a relevant purpose; and

(b)the relevant entity applies under this Act for the first time for the grant of an exhibition licence to exhibit and deal with the animal for the relevant purpose.

(2)Section 51(1)(b)(ii) applies to the application as if the amount of the fee prescribed by regulation under that provision were equivalent to the amount of the fee prescribed by regulation under section 87(3)(b) for an application to renew an exhibition licence.

265   Exhibition of particular circus macaque

(1)Subsections (2) and (3) apply if—

(a)immediately before the commencement, a relevant entity—

(i)held a declared pest permit for introducing or keeping declared pest animals for circus entertainment; and

(ii)kept a macaque under the permit, whether or not the macaque was identified as a particular animal in the permit; and

(b)the relevant entity is granted an exhibition licence to exhibit and deal with the macaque; and

(c)the macaque is identified in the licence as a particular animal; and

(d)either—

(i)the permit, as held by the relevant entity, had continued in force under the Biosecurity Act, schedule 3, section 60 until the licence was granted; or

(ii)the relevant entity had, before the commencement, made an application to renew the permit that was taken under section 263(2) to be an application under section 50(1) for which the licence was granted.

(2)Sections 73 and 76 do not apply in relation to the macaque.

(3)However, section 75 applies in relation to the macaque as if it were an authorised animal (category B).

(4)Subsections (2) and (3) apply in relation to the macaque only while it is—

(a)an authorised animal under an exhibition licence held by the relevant entity; and

(b)identified as a particular animal in the licence.

(5)In this section—

circus entertainment means the relevant purpose of a circus providing entertainment to the public.

macaque means an animal of either of the following species—

(a)crab-eating macaque (Macaca fascicularis);

(b)rhesus macaque (Macaca mulatta).

Part 3    Particular wildlife licences and fisheries permits

Division 1 Existing licences and permits

266   Continuation of wildlife demonstrator or exhibitor licence

(1)This section applies if, immediately before the commencement, a wildlife demonstrator licence or wildlife exhibitor licence (each of which is a continuing licence) was in force.

(2)The continuing licence continues in force until the term of the licence ends or the licence is sooner cancelled.

(3)For subsection (2), the relevant pre-amended provisions continue to apply to the continuing licence as if the pre-amended licence provision had not been amended by this Act.

(4)Also, for subsection (2), a pre-amended provision of the Administration Regulation or Wildlife Management Regulation that, immediately before the commencement, applied to the continuing licence continues to apply even if the provision is repealed.

(5)Section 38 does not apply to exhibiting an animal to which the continuing licence relates while the licence continues in force under subsection (2).

(6)In this section—

pre-amended licence provision—

(a)for a wildlife demonstrator licence—means the Administration Regulation, pre-amended section 11(g); or

(b)for a wildlife exhibitor licence—means the Administration Regulation, pre-amended section 11(h).

relevant pre-amended provisions—

(a)for a wildlife demonstrator licence, means the following—

(i)

the Administration Regulation, pre-amended sections 11(g) and 20(1)(g) and schedule 7, definition prescribed period;

(ii)the Wildlife Management Regulation, pre-amended sections 27(1)(a) and 113 and chapter 3, part 3, division 7; or

(b)for a wildlife exhibitor licence, means the following—

(i)

the Administration Regulation, pre-amended sections 11(h), 20(1)(h) and 126 and schedule 7, definition prescribed period;

(ii)the Wildlife Management Regulation, pre-amended sections 27(1)(b) and 113, chapter 3, part 3, division 8 and sections 195(d) and 199;

(iii)

the Nature Conservation (Estuarine Crocodile) Conservation Plan 2007, schedule, definition Queensland crocodile licence, as in force immediately before the commencement.

267   Continuation of exhibition of noxious fish under fisheries permit

(1)This section applies if, immediately before the commencement of the Biosecurity Act, section 542—

(a)a general fisheries permit for an activity involving fish that were noxious fisheries resources was in force; and

(b)the fish were allowed to be exhibited under the permit.

(2)The exhibition of the fish continues to be allowed under the general fisheries permit until the term of the permit ends or the permit is sooner cancelled.

(3)Subsection (2) does not limit the Fisheries Act 1994, section 63.

(4)Section 38 does not apply to exhibiting the fish while the exhibition of the fish is allowed under the general fisheries permit as mentioned in subsection (2).

Division 2 Applications

268   Undecided application for wildlife demonstrator or exhibitor licence

(1)This section applies if—

(a)before the commencement, an application was made under the Administration Regulation, section 23 for the grant of a wildlife demonstrator licence or wildlife exhibitor licence for an animal; and

(b)the application was not decided by the commencement.

(2)The application is taken to be an application under section 50(1) for the grant of an exhibition licence to exhibit and deal with the animal.

269   Undecided application for general fisheries permit for exhibition of noxious fisheries resources

(1)This section applies if—

(a)before the commencement, an application was made under the Fisheries Act 1994, section 54 for the issue of a general fisheries permit under which the exhibition of fish that were noxious fisheries resources was to be allowed; and

(b)the application was not decided by the commencement.

(2)The application is taken to be an application under section 50(1) for the grant of an exhibition licence to exhibit and deal with the fish.

270   Fees for undecided application

(1)An application to which section 268(1) or 269(1) applies is not required to be accompanied by the fee mentioned in section 51(1)(b)(ii).

(2)Also, if—

(a)the applicant held a permit or licence of the type applied for at the time of making the application; and

(b)an official assessment (application) is carried out for deciding the application under this Act;

the applicant is not required to pay the prescribed fee mentioned in section 105(2).

(3)This section applies despite sections 268(2) and 269(2).

271   Further information for undecided application

To remove any doubt, it is declared that section 54 applies to an application for a permit or licence mentioned in section 268 or 269 even if the applicant has given—

(a)further information or documents under the Administration Regulation, section 26; or

(b)further information or evidence under the Fisheries Act 1994, section 54(2).

272   Fee for first exhibition licence application

(1)This section applies if—

(a)immediately before the commencement, a person held any of the following (each an existing authorisation)—

(i)a wildlife demonstrator licence for an animal;

(ii)a wildlife exhibitor licence for an animal;

(iii)a general fisheries permit for an activity involving fish that were noxious fisheries resources under which the fish were allowed to be exhibited; and

(b)the person applies under this Act for the first time for the grant of an exhibition licence to exhibit and deal with the animal or fish in a way that is the same as, or similar to, the way the animal or fish was authorised to be exhibited and dealt with under the existing authorisation.

(2)Section 51(1)(b)(ii) applies to the application as if the amount of the fee prescribed by regulation under that provision were equivalent to the amount of the fee prescribed by regulation under section 87(3)(b) for an application to renew an exhibition licence.

Part 4    Co-existing permits and licences

273   Fee exemption for particular licence amendment applications

(1)This section applies if—

(a)immediately before the commencement, an entity held at least 2 of the following (each an existing authorisation)—

(i)a declared pest permit for introducing or keeping a declared pest animal for a relevant purpose;

(ii)a wildlife exhibitor licence for an animal;

(iii)a general fisheries permit for an activity involving fish that were noxious fisheries resources under which the fish were allowed to be exhibited; and

(b)the entity is granted an exhibition licence to exhibit and deal with the animal or fish to which 1 of the existing authorisations applied immediately before the licence was granted; and

(c)the entity applies to amend the exhibition licence to authorise exhibiting and dealing with the animal or fish to which another existing authorisation applies.

(2)The application is not required to be accompanied by the fee mentioned in section 94(4)(b)(ii).

(3)This section stops applying to an entity for amending an exhibition licence when all the existing authorisations held by the entity have expired, or have been cancelled, or have otherwise ceased to have effect.

Chapter 10    Transitional provision for Economic Development and Other Legislation Amendment Act 2019

274   Particular existing applications

(1)This section applies to any of the following applications made, but not decided, before the commencement—

(a)an application mentioned in section 49;

(b)an application for the renewal or restoration of an exhibition licence made under section 87;

(c)an application to amend an exhibition licence or interstate exhibitors permit made under section 94.

(2)Section 58, as in force immediately before the commencement, continues to apply in relation to the application as if the Economic Development and Other Legislation Amendment Act 2019 had not been enacted.

Schedule 1 Exempted animals

section 10(1)(a)

alpaca (Lama pacos)

black rat (Rattus rattus)

cat (Felis catus and Prionailurus bengalensis x Felis catus)

cattle (Bos taurus and Bos indicus)

chicken (Gallus gallus)

dog (Canis lupus familiaris)

donkey (Equus asinus)

duck (domestic breeds of Anas platyrhynchos)

fish that are aquaculture fisheries resources under the Fisheries Act 1994

goat (Capra hircus)

goose (Anser spp.)

guinea pig (Cavia porcellus)

horse (Equus caballus)

house mouse (Mus musculus)

llama (Lama glama)

mule (Equus caballus x Equus asinus)

pig (Sus scrofa)

sewer rat (Rattus norvegicus)

sheep (Ovis aries)

turkey (Meleagris gallopavo)

Schedule 2 Dictionary

section 11

accepted representation, for chapter 5, see section 135(2).

accreditation means an accreditation given under chapter 4, part 3.

accredited person means a person who holds an accreditation under chapter 4, part 3 to carry out private assessments and prepare private assessment reports.

adopted provisions, of a code of practice, see section 25(1)(a).

animal see section 12.

animal offence means an offence against this Act involving an animal.

appeal information notice, for chapter 7, part 5, see section 246(3).

approved form means a form approved by the chief executive under section 260.

approved management plan, for an exhibited animal authority, means the latest management plan for the authority as approved by the chief executive.

associate, of a person, means—

(a)if the person is an individual—

(i)the individual’s spouse or de facto partner; or

(ii)a relative of the individual, whether by blood, spousal relationship or adoption; or

(iii)an employee of the individual; or

(iv)an employee of a corporation of which the individual is an executive officer; or

(v)a partner of the individual; or

(vi)a corporation of which the individual is an executive officer; or

(vii)a corporation in which the individual holds a controlling interest; or

(viii)a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or

(ix)a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary; or

(x)a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual; or

(xi)a person who is an associate of someone who is an associate of the individual; or

(b)if the person is a corporation—

(i)an executive officer of the corporation; or

(ii)an associate of an executive officer of the corporation; or

(iii)an employee of the corporation; or

(iv)a person who holds a controlling interest in the corporation; or

(v)a related body corporate, within the meaning of the Corporations Act, of the corporation; or

(vi)a person who is an associate of someone who is an associate of the corporation; or

(c)if the person is an incorporated association—a member of the association’s management committee.

at, a place, includes in or on the place.

authorised animal see section 32(1).

authorised animal (category A) see section 33.

authorised animal (category B) see section 34.

authorised animal (category C) see section 35(1).

authorised animal (category C1) see section 35(2).

authorised animal (category C2) see section 35(3).

authorised enclosure—

(a)for an authorised animal (category A)—see section 36(1); or

(b)for an authorised animal (category B) or (category C)—see section 36(2).

authority holder, for an exhibited animal authority, means the person who holds the authority.

Biosecurity Act means the Biosecurity Act 2014.

biosecurity risk see the Biosecurity Act, section 16.

buy includes—

(a)agree or offer to buy; and

(b)receive or accept under an agreement; and

(c)agree to receive or accept under an agreement; and

(d)offer or attempt to receive or accept under an agreement; and

(e)cause or permit to be received or accepted under an agreement; and

(f)acquire by exchange.

code of practice means a code of practice made under a regulation under chapter 2, part 2, division 1.

contact details, of a person, means the person’s—

(a)postal address; and

(b)telephone number or email address.

controlled area means an area—

(a)bounded by a barrier designed and constructed to deter the unauthorised entry of persons to the area; and

(b)to which access by persons is controlled by the occupier of the area.

Example of a controlled area—

An elephant at a zoo is escorted by its handler from its regular enclosure to a securely fenced area to which access is restricted to limited numbers of the public for public interaction with the elephant.

corresponding law, to this Act or to a provision of this Act, means a law of the Commonwealth or another State that corresponds, or substantially corresponds, to this Act or to the provision.

court—

(a)generally—means a Magistrates Court; and

(b)for section 218 or 238—includes the Supreme Court and the District Court.

dealing with, an exhibited animal, see section 15.

decision, for chapter 7, part 5, see section 240.

disposal, of an animal, includes—

(a)the sale, giving away or destruction, of the animal; and

(b)for an animal that is, or was, authorised under an interstate exhibitors permit—the return of the animal to the State where the primary authority for the permit was issued.

disposal order means—

(a)an order made under section 231(1); or

(b)an order made under section 233(2) if the order states it is a disposal order.

document certification requirement see section 211(6).

document production requirement see section 211(2).

electronic document ...

enclosure—

1

An enclosure is a space in which an animal can be accommodated that is completely bounded by a barrier designed and constructed to contain the animal.

2

An enclosure may be fixed in position or moveable.

Examples of fixed enclosures—

•a building or other fixed structure

•an area of land surrounded by a fence, embankment, moat or other fixed barrier

•an area of water contained by an embankment or other fixed barrier

Examples of moveable enclosures—

•a moveable cage

•a moveable water tank

executive officer, of a corporation, means a person who is concerned with or takes part in its management, whether or not the person is a director or the person’s position is given the name of executive officer.

exhibit, an animal, see section 13.

exhibited animal see section 14.

exhibited animal authority see section 29.

exhibited animal direction see section 184(2).

exhibition licence see section 30(a).

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

fish means a living animal that is a fish under the Fisheries Act 1994, section 5.

forfeiture decision see section 240.

former owner, of an exhibited animal or other thing that has been seized or forfeited under chapter 6, part 3, division 4 or 6 or transferred under section 206(b), means the person who owned the animal or thing immediately before the seizure, forfeiture or transfer.

general exhibition and dealing obligation see section 18.

general power, for chapter 6, see section 181(1).

guideline means a guideline made by the chief executive under section 26.

help requirement see section 182(1).

holder, of an exhibition licence, for chapter 4, part 2, see section 106.

identity card, for a provision about inspectors, means an identity card issued under section 152(1).

information notice, for a decision, means a notice stating each of the following—

(a)the decision and the reasons for it;

(b)the right to apply for an internal review of the decision under chapter 7, part 5, division 2;

(c)the period in which the internal review must be started;

(d)how rights of the internal review are to be exercised;

(e)that a stay of a decision the subject of the internal review may be applied for under section 244.

information requirement see section 214(3).

insolvent under administration ...

inspector means a person who holds office under chapter 6, part 1 as an inspector.

internal review see section 242(1).

internal review application see section 242(1).

internal review decision see section 245(1)(b).

international wildlife see the Nature Conservation Act, schedule.

interstate authority means a licence, permit or other authority that is issued under a corresponding law to this Act and is equivalent to an exhibition licence.

interstate exhibitors permit see section 30(b).

in the wild means in an independent state of natural liberty.

keep, an animal, includes keeping the animal while it is being moved.

management plan see section 37.

mandatory conditions, of an exhibited animal authority, means the conditions that apply to the authority under chapter 3, part 7, division 1 or 2.

native wildlife see the Nature Conservation Act, schedule.

Nature Conservation Act means the Nature Conservation Act 1992.

NCA chief executive means the chief executive of the department in which the Nature Conservation Act is administered.

notice means a written notice.

occupier, of a place—

(a)for chapter 3—means the person who, whether or not the owner of the place, is the person who is effectively in day-to-day control of the place, whether or not that control is exercised through an agent or employee; or

(b)otherwise, includes the following—

(i)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(ii)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(iii)if no-one apparently occupies the place—any person who is an owner of the place.

of, a place, includes at, in or on the place.

offence warning, for a direction or requirement by an inspector, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.

official assessment means an official assessment (application) or official assessment (follow-up).

official assessment (application) see section 103(2).

official assessment (follow-up) see section 104(2).

original decision see section 242(1).

other thing, in relation to an exhibited animal, includes an animal that is not an exhibited animal.

owner, of an exhibited animal or other thing that has been seized under chapter 6, part 3, division 4 includes a person who would be entitled to possession of the animal or thing had it not been seized.

personal details requirement see section 209(5).

person in control—

(a)of a vehicle, includes—

(i)the vehicle’s driver or rider; and

(ii)any person who reasonably appears to be, claims to be, or acts as if, the person is the vehicle’s driver or rider or in control of the vehicle; or

(b)of an exhibited animal or other thing, other than a vehicle, includes any person who reasonably appears to be, claims to be, or acts as if, the person is in possession or control of the animal or thing.

place includes the following—

(a)premises;

(b)vacant land;

(c)a place in Queensland waters;

(d)a place held under more than 1 title or by more than 1 owner;

(e)the land or water where a building or structure, or a group of buildings or structures, is situated.

place of seizure, for chapter 6, part 3, division 4, see section 195(1)(a).

premises includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)a caravan, mobile home or vehicle; and

(d)a cave or tent; and

(e)premises held under more than 1 title or by more than 1 owner.

previous authority, for a temporary authority, see section 63(3).

primarily authorised animal, for chapter 3, part 3, division 3, see section 45.

primary authority, for an interstate exhibitors permit, see section 45.

private assessment see section 107.

private assessment report see section 108.

private event means an event or occasion—

(a)that is not publicly advertised or open to the general public or for casual attendance; or

(b)at which attendance is restricted by the personal invitation of the person organising the event or occasion.

private land means land that is not a public place.

prohibited matter see the Biosecurity Act, section 19.

Note—

Under the Biosecurity Act, particular invertebrates, marine animals, noxious fish, and non-indigenous amphibians, mammals and reptiles may be prohibited matter. See section 29 of that Act.

prohibition order means—

(a)an order made under section 232(1); or

(b)an order made under section 233(2) if the order states it is a prohibition order.

proposed action, for chapter 5, see section 134(1).

protected animal see the Nature Conservation Act, schedule.

public includes a section of the public.

public interaction means an activity involving an exhibited animal that is carried out by a person, other than a responsible person for the animal, who is in close proximity to the animal and not separated from the animal by a barrier.

Examples of activities—

•handling, touching or feeding an exhibited animal

•swimming near an aquatic exhibited animal

•viewing, filming or photographing an exhibited animal in close proximity to the animal

public place means—

(a)a place, or part of the place—

(i)the public is entitled to use, is open to the public or is used by the public, whether or not on payment of money; or

Examples of a place that may be a public place under subparagraph (i)—

a beach, a park, a road

(ii)the occupier of which allows, whether or not on payment of money, the public to enter; or

Examples of a place that may be a public place under subparagraph (ii)—

a saleyard, a showground

(b)a place that is a public place under another Act.

QCAT notice, for chapter 7, part 5, see section 240.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recipient, for chapter 6, part 3, division 3, see section 184(2).

record, an animal’s image, includes arrange for or allow the animal’s image to be recorded.

record requirement see section 86(1).

register, for chapter 3, means the register of exhibited animal authorities required to be kept under section 100.

regular enclosure means—

(a)for an authorised animal (category A)—an authorised enclosure of a type identified in an exhibition licence as a type of regular enclosure for the animal; or

(b)for an authorised animal (category B) or (category C)—an authorised enclosure identified in an exhibition licence as a regular enclosure for the animal.

regular enclosure site, under an exhibition licence, means—

(a)for a regular enclosure or regular enclosure of a type that is, or is about to be, permanently fixed in position—the location for the enclosure identified in the licence; or

(b)for a regular enclosure or regular enclosure of a type to which paragraph (a) does not apply—each location for the enclosure identified in the licence.

relevant adverse effects, associated with exhibiting or dealing with an exhibited animal, see section 17(2).

relevant authorisation, for chapter 5, part 1, see section 131.

relevant offence means—

(a)an offence against—

(i)this Act; or

(ii)a relevant repealed provision; or

(iii)a law that is a corresponding law to a provision of this Act; or

(b)an offence involving an animal against any of the following Acts—

(i)the Animal Care and Protection Act 2001;

(ii)the Biosecurity Act;

(iii)the Nature Conservation Act.

relevant original decision, for chapter 5, part 2, see section 142.

relevant repealed provision means—

(a)the Fisheries Act 1994, section 89, as in force before the commencement of the Biosecurity Act, section 534; or

(b)the Stock Route Management Act 2002, chapter 2, as in force before the commencement of the Biosecurity Act, section 550.

relevant risk, associated with exhibiting or dealing with an exhibited animal, see section 17(1).

responsible person, for an exhibited animal, see section 16.

restricted matter see the Biosecurity Act, section 21.

Note—

Under the Biosecurity Act, particular invertebrates, noxious fish and invasive animals may be restricted matter. See section 38 of that Act.

seizure decision, for chapter 7, part 5, see section 240.

serious incident, for chapter 3, part 8, division 1, see section 80.

serious injury or illness, to or of a person, means an injury or illness requiring the person to have—

(a)immediate treatment as an in-patient in a hospital; or

(b)immediate treatment for—

(i)the amputation of any part of the person’s body; or

(ii)a serious head or eye injury; or

(iii)the separation of the person’s skin from an underlying tissue (for example, degloving or scalping); or

(iv)a spinal injury; or

(v)the loss of a bodily function; or

(vi)serious laceration; or

(c)treatment by a doctor within 48 hours of exposure to a substance that has been transmitted from an animal, other than treatment consisting of the administration of a tetanus injection or antibiotic.

show cause notice, for chapter 5, see section 134(1).

show cause period, for chapter 5, see section 134(2)(f).

significant relevant adverse effect, other than for section 37, in relation to a person who under this Act is authorised or required to form a belief about, be satisfied of, or consider, a thing, means a relevant adverse effect the person reasonably believes is significant.

significant change, for chapter 3, part 8, division 1, see section 82(1).

significant relevant risk, other than for section 37, in relation to a person who under this Act is authorised or required to form a belief about, be satisfied of, or consider, a thing, means a relevant risk the person reasonably believes is significant.

special conditions, of an exhibited animal authority, see section 77(1).

special exhibition approval see section 31.

special risk animal, for chapter 3, part 8, division 1, see section 80.

species includes another taxonomic grouping.

spent conviction ...

temporary authority see section 30(c).

vehicle—

(a)means a vehicle under the Transport Operations (Road Use Management) Act 1995; and

(b)includes a vessel under that Act.

welfare, of an animal, means the health, safety or wellbeing of the animal.