Prevention of Cruelty to Animals Act 1986 (Vic)
Version No. 096
Prevention of Cruelty to Animals Act 1986
No. 46 of 1986
Version incorporating amendments as at
6 April 2020
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Binding of Crown
6Application of Act
7Codes of Practice
Part 2—Protection of animals
Division 1—Cruelty
8Definitions
9Cruelty
10Aggravated cruelty
11Defences to cruelty or aggravated cruelty
11AFurther prohibited procedure offences
12Court orders for disqualification from or conditions on ownership etc. of animal
12AACourt may authorise seizure and disposal of animal kept in contravention of order
12ABOrders must not be made in relation to certain persons
12ACOrder may be suspended
12ADPerson subject to order may apply for variation etc.
12AEControl orders to operate consecutively
12AFPerson must comply with control order
12ARegistration of interstate orders
12BGovernor in Council may declare corresponding law
13Baiting and luring
14Trap-shooting
15Selling traps
15ABSetting or using traps
15ADogs on moving vehicles
15BOffence under section 15A to be operator onus offence
15CBreeding of animals with heritable defects
Division 2—Rodeos
16Offence to operate rodeos without a licence or permit
17Grant of rodeo licences
17ADuration of licences
17BIssue of rodeo permits and rodeo school permits
17CApplication for a rodeo licence, a rodeo permit or a rodeo school permit
17DGrounds on which Department Head may refuse to grant or issue licence or permit
17EConditions on licences and permits
17FVariation of licences and permits
17GNotice of proposal to cancel a rodeo licence or permit or rodeo school licence
17HMaking of submissions on proposal to cancel
17ICancellation of a rodeo licence, a rodeo permit or rodeo school permit
Division 3—POCTA inspectors
18General inspectors
18ASpecialist inspectors
19Identification certificates of POCTA inspectors
20Offence to impersonate etc. POCTA inspectors
20ADepartment Head may declare animals at risk due to an emergency
Part 2A—Enforcement
Division 1—Preliminary
21Definitions
Division 1A—Monitoring of persons subject to control orders or interstate control orders
21ACourt may authorise monitoring of person when making control order
21BPOCTA inspector may apply for order to monitor compliance with control orders or interstate control orders
21CPowers to enter premises and monitor compliance with control orders or interstate control orders
Division 2—Emergency powers to deal with animals
22Power to seize abandoned animals in public places
23Emergency powers of entry in relation to animals
24Emergency power to enter and seize or destroy abandoned, distressed or disabled animals
24AAEmergency power to enter and seize animals used for fighting, blooding or as a lure or kill
24AAdditional powers that may be exercised on emergency entry
24BPowers to recover certain costs
24CObtaining veterinary treatment
24DEmergency powers of veterinary practitioners and superintendents of saleyards
Division 3—Search for and seizure of animals, warrants and authorisations
24ENotice of intent to seize distressed etc. animals
24FSeizure of distressed etc. animals after service of notice of intent to seize
24FASeizure and disposal of distressed etc. animals without notice of intent to seize
24FBNotice to seize and dispose of animal
24FCActions that may be taken under authorisation under section 24FA
24FDMethod of disposal of animal seized under authorisation under section 24FA
24GSearch warrants for at risk animals on premises
24HMagistrates' Court may extend period of warrant under section 24G
Division 4—Search for and seizure of things
24IDefinition
24JSeizure of things
24KSearch warrants for premises
24KASearch warrant for premises if non-compliance with section 24ZTA
24LAdditional power of entry for specialist inspectors
Division 5—General provisions as to search warrants
24MProvisions as to search warrants
24NApplication of Magistrates' Court Act 1989
24OAnnouncement before entry
24PDetails of warrant to be given to occupier
24QSeizure of things not mentioned in the warrant and taking of samples
Division 6—Duties and powers as to seized animals
24RDuty to take steps to identify owner
24SSteps to be taken where welfare of animal not at risk
24TProvision for recovery or disposal of animals that are not at risk
24USteps to be taken where welfare of animal is at risk
24VPower to retain animal for purposes of application under section 24X
24WPower to dispose of animal at risk not claimed by owner or person in charge
24XCourt orders as to costs and disposal of animals
24YMethods of disposal of animals
24ZPower to destroy diseased or distressed animals
24ZAAForfeiture and disposal of animals seized under section 24AA
24ZADisposal of animal by sale
24ZBCosts and proceeds of sold animals
24ZCCosts and proceeds of destroyed animals
24ZDForfeiture of seized animal
Division 7—Duties and powers as to seized things (that are not animals)
24ZEDefinition
24ZFReceipt must be given for any thing seized
24ZGCopies of certain seized things to be given
24ZHAccess to seized things
24ZIReturn of seized thing before commencement of proceedings
24ZJReturn of seized things
24ZKMagistrates' Court may extend retention period
24ZLDispute as to person entitled to return of seized thing
24ZMUnclaimed seized thing may be sold or destroyed
24ZNForfeiture of seized things
Division 8—Samples
24ZOProvisions relating to the taking and keeping of samples
Division 9—Further miscellaneous powers, duties and offences
24ZPNotice to comply
24ZQRequirement to give information to inspector during entry
24ZQARequirement to muster, yard or secure animals
24ZROffences as to inspectors
24ZSOffences as to veterinary practitioners etc.
24ZTOffence to fail to provide name and address
24ZTARequirement to make documents available for inspection
24ZUPOCTA inspectors must identify themselves
24ZVProtection against self-incrimination
24ZWPower to file charges
24ZXConduct of proceedings
24ZYCourt to take judicial notice
Part 3—Scientific procedures
Division 1—Preliminary
25Definitions
Division 2—Offences
26Offences relating to scientific procedures carried out at scientific premises
27Offences relating to scientific procedures carried out outside scientific premises
28Offences relating to breeding of specified animals for use in scientific procedures
Division 3—Scientific procedures premises licences
29Grant of a scientific procedures premises licence
29AConsiderations for grant of scientific procedures premises licence
30Application for a scientific procedures licence
31Duration of scientific procedures premises licences
32Conditions on scientific procedures premises licences
Division 4—Scientific procedures field work licences
32AGrant of a scientific procedures field work licence
32ABConsiderations for grant of scientific procedures field work licence
32BApplication for a scientific procedures field work licence
32CDuration of scientific procedures field work licences
32DConditions on scientific procedures field work licences
Division 5—Specified animals breeding licences
32EGrant of a specified animals breeding licence
32EAConsiderations for grant of specified animals breeding licence
32FApplication for a specified animals breeding licence
32GDuration of specified animals breeding licence
32HConditions on specified animals breeding licence
Division 6—General licensing provisions
32IPower of Department Head to renew licences
32IAConsiderations for renewal of licence
32JApplication to renew a licence
32KPower of the Department Head to vary licences
32LVariation of licence on the motion of the Department Head
32LAConsiderations for variation of a licence on the motion of the Department Head
32MApplication to vary a licence
32NSuspension of licence and notice of proposal to cancel
32OMaking of submissions on suspension
32PPower of the Department Head to cancel a licence
32QNotice of Department Head's decision
32RComing into effect of cancellation
Division 7—Miscellaneous
33Review by Victorian Civil and Administrative Tribunal
34Peer Review Committees
35Authorised officers
35AOffences as to authorised officers
36Offences
Part 3AA—Enforcement for Part 3
36AEntry to monitor compliance
36BApplication for search warrant
36CSearch warrant
36DSeizure and samples of things not mentioned in the warrant
36ERequirements for search warrants
36FRequirements for seizure of things and taking samples
36GNotice to comply
36HNotice as to treatment, destruction etc. of animal
36ICommencement of proceeding not prevented
36JDepartment Head may take action where notice not complied with
36KCourt may make adverse publicity order
36LAction Department Head may take on finding of contempt
36MDepartment Head may give notice of intent to act on failure to comply with order
36NAction to be taken if response to notice not satisfactory
36OAction for contempt
36PRecovery of costs
36QRequirement to give information to authorised officer during entry
36RProtection against self-incrimination
36SPower to file charges
36TPower to prepare compliance report
36UImposing fees for compliance reports
36VPayment of fee
Part 3A—Infringement notices
37APower to serve a notice
37BForm of notice
Part 3B—Animals in Research and Teaching Welfare Fund
37CAnimals in Research and Teaching Welfare Fund
37DPayments into the Fund
37EInvestment of money in the Fund
37FPayment of money out of the Fund
Part 4—Miscellaneous
38Delegation
39Evidence
40Neglect to prosecute
41Liability for offences
41AAOffences by bodies corporate
41ABConduct by officers, employees or agents
41ACTime for charging certain offences under this Act
41ACouncil employees etc. not subject to offence for giving information
42Regulations
Part 5—Transitionals
43Prevention of Cruelty to Animals (Amendment) Act 2000
44Primary Industries and Food Legislation Amendment Act 2012
45Prevention of Cruelty to Animals Amendment Act 2015—Transitional provisions
46Primary Industries Legislation Amendment Act 2016—Transitional provisions
Schedule
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version 096
Prevention of Cruelty to Animals Act 1986
No. 46 of 1986
Version incorporating amendments as at
6 April 2020
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of this Act is to—
(a)prevent cruelty to animals; and
(b)to encourage the considerate treatment of animals; and
(c)to improve the level of community awareness about the prevention of cruelty to animals.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Definitions
(1)In this Act—
adverse publicity order means an order under section 36K;
* * * * *
animal ethics committee means a committee, the principal function of which is to determine the ethical practices that are to apply to the carrying out of scientific procedures;
Code of Practice means a Code of Practice made and published and as varied from time to time under section 7;
* * * * *
compliance report means a report required to be prepared by or under a licence under Part 3 or regulations made under Part 3 as to compliance by the holder of a licence under Part 3 with all or any of the following—
(a)the licence; or
(b)Part 3; or
(c)regulations made under Part 3;
control order means an order under section 12;
Department means the Department of Environment and Primary Industries;
Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;
dock, in relation to the tail of a dog or a horse, means the amputation, removal or shortening of the tail of the animal, other than the shortening of the tail hairs of the animal;
farm animal means—
(a)if kept for or used in connection with primary production—cattle, sheep, pigs, poultry, goats and deer; and
(b)horses other than horses kept for or used in connection with sporting events, equestrian competitions, pony clubs, riding schools, circuses or rodeos;
general inspector means a person who is a general inspector under section 18;
identification certificate—
(a)in relation to a POCTA inspector, means an identification certificate issued to the inspector under section 19(1); and
(b)in relation to an authorised officer, means an identification certificate issued to the officer under section 35(4);
interstate control order means an interstate order, within the meaning of section 12A, that is registered under section 12A;
* * * * *
person in charge of in relation to an animal or thing, includes—
(a)a person who has the animal or thing in the person's possession or custody, or under the person's care, control or supervision; and
(b)any employee or agent of the owner of the animal or thing if a person referred to in paragraph (a) is bound to comply with the directions of that employee or agent in respect of the animal or thing;
POCTA inspector means a general inspector or a specialist inspector;
police officer has the same meaning as in the Victoria Police Act 2013;
premises includes—
(a)a building or part of a building; and
(b)a tent, stall or other structure, whether permanent or temporary; and
(c)land, whether or not appurtenant to a building; and
(ca)a vehicle, vessel or aircraft; and
(d)any other place;
prescribed means prescribed by the regulations;
prohibited procedure means any of the following—
(a)the procedure of cropping the ears of a dog, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the dog; or
(b)the procedure of debarking a dog, unless the procedure is done by a veterinary practitioner and in accordance with the Code of Practice as to the debarking of dogs; or
(c)the procedure of docking the tail of a dog or horse, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the dog or horse; or
(d)the procedure of grinding, clipping or trimming the teeth of a sheep using an electrical or motorised device, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the sheep; or
(e)the procedure of removing the claws of a cat, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the cat; or
(f)the procedure of removing the venom sacs of a reptile, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the reptile; or;
(g)the procedure of thermocautery or firing of a horse; or
(h)the procedure of spaying an animal unless the procedure is done by a veterinary practitioner;
regulations means regulations made under this Act;
rodeo licence means a licence granted under section 17;
rodeo permit means a permit issued under section 17B(1);
rodeo school permit means a permit issued under section 17B(2);
scientific premises means a premises ordinarily used for scientific research, teaching or testing;
scientific procedure means any procedure, test, experiment, inquiry, investigation or study which is carried out on or in connection with an animal in the course of which—
(a)an animal is subjected to—
(i)surgical, medical, psychological, biological, chemical or physical treatment; or
(ii)conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding to which an animal of that species is not accustomed; or
(iii)abnormal dietary conditions; or
(iv)electric shock or radiation treatment; or
(b)any tissue, material or substance is extracted or derived from the body of an animal—
and which is for—
(c)the purpose of acquiring, demonstrating or developing knowledge in the field of medical, dental, veterinary, agricultural, behavioural or biological science or in any other field of science; or
(d)the purpose of acquiring, demonstrating, exercising or developing techniques used in the practice of medical, dental, veterinary, agricultural, behavioural or biological science or in any other field of science; or
(e)the purpose of developing or testing the use, hazards, safety or efficiency of vaccines, substances, drugs, materials or appliances intended for use in, on or in connection with human beings or animals; or
(f)any other purpose prescribed for the purposes of this paragraph—
but does not include—
(g)the treatment of an animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or
(h)the conduct of animal husbandry carried out in accordance with a Code of Practice; or
(i)the collection, taking, banding and marking of wildlife within the meaning of and in accordance with the Wildlife Act 1975; or
(j)any or any type of procedure, test, experiment, inquiry, investigation or study prescribed for the purposes of this paragraph;
scientific procedures field work licence means a licence granted under section 32A;
scientific procedures premises licence means a licence granted under section 29;
* * * * *
spaying in relation to an animal, means the procedure of surgically interfering with the anatomical integrity of the ovaries, fallopian tubes or uterus of the animal;
specialist inspector means a person appointed as a specialist inspector under section 18A;
specified animals breeding licence means a licence granted under section 32E;
veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997;
* * * * *
(1A)In Parts 1, 3, 3AA, 3B and 4—
authorised officer means a person appointed to be an authorised officer under section 35.
(2)If under the Public Administration Act 2004 the name of the Department of Environment and Primary Industries is changed, a reference to that Department in the definition of Department in subsection (1) must, from the date when the name is changed, be taken to be a reference to the Department by its new name.
(3)In this Act, other than Part 3, animal means—
(a)a live member of a vertebrate species including any—
(i)fish or amphibian that is capable of self‑feeding; or
(ii)reptile, bird or mammal, other than any human being or any reptile, bird or other mammal that is below the normal mid-point of gestation or incubation for the particular class of reptile, bird or mammal; or
(b)a live adult decapod crustacean, that is—
(i)a lobster; or
(ii)a crab; or
(iii)a crayfish.
4Binding of Crown
This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
* * * * *
6Application of Act
(1)This Act does not apply to—
(a)the slaughter of animals in accordance with the Meat Industry Act 1993 or any Commonwealth Act[1]; or
(b)except to the extent that it is necessary to rely upon a Code of Practice as a defence to an offence under this Act, the keeping, treatment, handling, transportation, sale, killing, hunting, shooting, catching, trapping, netting, marking, care, use, husbandry or management of any animal or class of animals (other than a farm animal or class of farm animals) which is carried out in accordance with a Code of Practice; or
(c)any act or practice with respect to the farming, transport, sale or killing of any farm animal which is carried out in accordance with a Code of Practice; or
(d)anything done in accordance with the Catchment and Land Protection Act 1994; or
(e)the treatment of any animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or
(f)the slaughter of a farm animal on a farm if—
(i)it is slaughtered for consumption on that farm; and
(ii)it is slaughtered in a humane manner; and
(iii)it is not slaughtered for sale; and
(iv)it is not slaughtered for use in the preparation of food for sale; and
(v)it is not removed from that farm; or
(g)any fishing activities authorised by and conducted in accordance with the Fisheries Act 1995.
* * * * *
* * * * *
(1B)This Act, except Part 3, does not apply to anything done in accordance with the Wildlife Act 1975.
(1C)If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, nothing in this Act prevents any member of the traditional owner group who is bound by the agreement from carrying out an agreed activity in accordance with the agreement and on land to which the agreement applies.
(2)In subsection 6(1)(f) farm has the same meaning as in the Meat Industry Act 1993.
(3)For the purpose of determining whether or not subsection (1) or (1B) applies to a particular case, a specialist inspector may exercise a power set out in Part 2A.
7Codes of Practice
(1)The Governor in Council, on the recommendation of the Minister, may make, vary or revoke Codes of Practice—
(a)specifying procedures for the keeping, treatment, handling, transportation, sale, killing, hunting, shooting, catching, trapping, netting, marking, care, use, husbandry or management of any animal or class of animals; or
(b)about the premises, facilities, equipment or conditions at any premises to which licences granted under Part 3 apply; or
(c)the constitution, procedures and processes of animal ethics committees.
(2)A Code of Practice may apply, adopt or incorporate (with or without modification) any matter contained in any document, code, standard, rule, specification or method issued, formulated, prescribed, adopted or published by any authority or body as issued, formulated, prescribed, adopted or published at the time the Code is made or at any time before then.
* * * * *
* * * * *
(5)A Code of Practice or a variation or revocation of a Code of Practice takes effect on the date of its publication in the Government Gazette or such later date as is specified in the Code, variation or revocation.
(5A)The power to make, vary or revoke a Code of Practice under subsection (1) is subject to the Code of Practice or the variation or revocation of a Code of Practice being disallowed by either House of the Parliament.
(6)If any Code of Practice applies, adopts or incorporates matter under subsection (2) or a variation of a Code of Practice varies a Code so as to apply, adopt or incorporate such matter in the Code—
(a)that Code or variation must specify a place at which copies of that matter may be obtained; and
(b)the Minister must lay or cause to be laid a copy of that matter before the Legislative Council and the Legislative Assembly as soon as is practicable after the Code or variation is published in the Government Gazette.
Part 2—Protection of animals
Division 1—Cruelty
8Definitions
(1)In this Part—
baiting means encouraging an animal to fight another animal;
* * * * *
* * * * *
rodeo means an event which includes any exhibition of or competition in buck‑jumping, rough-riding, animal dogging, roping or tying;
rodeo school means the activity of training or schooling persons in buck-jumping, rough-riding, animal dogging, roping or tying;
* * * * *
trap-shooting means shooting at a bird—
(a)which is released or projected from a box, trap, cage or other contrivance used for holding the bird; or
(b)which is released or projected after being held in captivity whether held by mechanical means or by hand.
* * * * *
9Cruelty
(1)A person who—
(a)wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, worries, torments or terrifies an animal; or
(b)loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or suffering to the animal; or
(c)does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal; or
(d)drives, conveys, carries or packs an animal in a manner or position or in circumstances which subjects or subject, or is likely to subject, it to unnecessary pain or suffering; or
(e)works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal; or
(f)is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with proper and sufficient food, drink or shelter; or
(g)sells, offers for sale, purchases, drives or conveys an animal that appears to be unfit (because of weakness, emaciation, injury or disease) to be sold, purchased, driven or conveyed; or
(h)abandons an animal of a species usually kept in a state of confinement or for a domestic purpose; or
(i)is the owner or the person in charge of a sick or injured animal and unreasonably fails to provide veterinary or other appropriate attention or treatment for the animal; or
(j)other than in accordance with the Catchment and Land Protection Act 1994, the Wildlife Act 1975 or the Drugs, Poisons and Controlled Substances Act 1981, intentionally administers to an animal or lays a bait for the animal containing—
(i)a poison; or
(ii)any other substance which, when administered to that type of animal, has a harmful effect on the animal; or
(k)uses spurs with sharpened rowels on an animal; or
(l)carries out a prohibited procedure on an animal—
* * * * *
* * * * *
commits an act of cruelty upon that animal and is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 250 penalty units or imprisonment for 12 months or, in the case of a body corporate, 600 penalty units.
(2)It is a defence to a charge under subsection (1) against an owner of an animal to prove that, at the time of the alleged offence, the owner had entered into an agreement with another person by which the other person agreed to care for the animal.
10Aggravated cruelty
(1)A person who commits an act or acts of cruelty on any animal, which result in the death or serious disablement of the animal, commits aggravated cruelty on that animal and is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 500 penalty units or imprisonment for 2 years or, in the case of a body corporate, 1200 penalty units.
(2)A person who is guilty of an offence under subsection (1) may be liable to the penalty for that offence in addition to or instead of any other penalty to which the person is liable under section 9.
11Defences to cruelty or aggravated cruelty
(1)In any proceedings against a person in relation to an act of cruelty under section 9, or an act of aggravated cruelty under section 10, it is a defence if the person—
(a)acted reasonably; or
(b)reasonably omitted to do an act—
in defending himself or herself or any other person against an animal or against any threat of attack by an animal.
(2)It is a defence to a prosecution for an offence under section 9 or 10 in relation to an activity if the person charged was carrying out the activity in accordance with a code of practice prescribed for the purposes of this subsection (other than a Code of Practice made under section 7) that regulates that activity.
11AFurther prohibited procedure offences
(1)The owner or person in charge of an animal must not allow a prohibited procedure to be carried out on the animal.
Penalty:250 penalty units or imprisonment for 12 months, in the case of a natural person.
600 penalty units, in the case of a body corporate.
(2)The owner or person in charge of an animal on which a prohibited procedure has been carried out must not—
(a)show or exhibit the animal; or
(b)allow another person to show or exhibit the animal—
unless the prohibited procedure was carried out—
(c)before the commencement of section 80 of the Animals Legislation Amendment (Animal Care) Act 2007; or
(d)in a jurisdiction other than Victoria, in accordance with the law of that jurisdiction, and the animal was not, at any time on or before the procedure was carried out, resident in Victoria.
Penalty:20 penalty units.
(3)In this section—
exhibit, in relation to an animal, means the general or public display of the animal (whether or not for sale purposes);
show, in relation to an animal, means causing the animal to participate in any competition, performance or entertainment.
12Court orders for disqualification from or conditions on ownership etc. of animal
(1)If, in a proceeding in a court, a person is convicted, found guilty or found not guilty because of mental impairment of an offence under this Act, the court, if it thinks fit, may by order—
(a)disqualify the person from owning or being in charge of an animal of a kind or class specified in the order for—
(i)if subparagraph (ii) does not apply to the person, up to 10 years; or
(ii)if the person is or has previously been subject to an order under this section or an interstate control order, permanently or for any period (including a period of more than 10 years); or
(b)apply conditions that the person must comply with, whenever the person owns or is in charge of an animal of a kind or class specified in the order, permanently or for any period (including a period of more than 10 years).
(2)An order under subsection (1) may be made in addition to or instead of any other penalty.
(3)The court, in making an order under this section, must consider whether or not to authorise the monitoring of compliance with the order under section 21A.
Note
After an order is made under subsection (1), a POCTA inspector may apply under Division 1A of Part 2A to a court in certain circumstances for an order authorising the monitoring of a person's compliance with an order made under subsection (1).
12AA Court may authorise seizure and disposal of animal kept in contravention of order
(1)If a court making a control order is satisfied by the evidence, on oath or by affirmation or affidavit, of a POCTA inspector that there are reasonable grounds to believe that the person in respect of whom the control order is being made is holding an animal on premises, including a dwelling, in circumstances that would be in contravention of the proposed order, the court may, by order, authorise the inspector—
(a)to enter the premises; and
(b)to search for and seize the animal; and
(c)to dispose of the animal in accordance with Division 6 of Part 2A.
(2)Part 2A applies to an order under subsection (1) as if it were a search warrant for the animal issued under section 24G.
12ABOrders must not be made in relation to certain persons
(1)A court must not make a control order in a proceeding in relation to an offender who is not the owner of an animal concerned in the proceeding if the offender proves—
(a)that, as to the conduct constituting the offence, the offender acted both on the instructions and in the presence or under the supervision of—
(i)the owner or the person in charge of the animal; or
(ii)a person who was the employer of the offender or who had engaged the offender to do work; and
(b)if the offence was a continuing one, that the offender had no reasonable opportunity in the circumstances of preventing the offence from continuing.
(2)In this section—
offender in relation to a proceeding in a court, means a person who has been convicted, found guilty or found not guilty because of mental impairment of an offence in the proceeding.
12AC Order may be suspended
A court which has made a control order may suspend the order—
(a)for any period which the court considers necessary to make arrangements for the custody of any animal of a kind or class specified in the order; or
(b)pending the determination of an appeal against the order.
12AD Person subject to order may apply for variation etc.
(1)A person who is the subject of a control order may, after 12 months after the date of the order, apply to the court that made the order for the variation, suspension or revocation of the order.
(2)A court to which an application is made under subsection (1) may—
(a)direct that from a specified date the control order—
(i)be varied as to the kind or class of animal to which it applies; or
(ii)be varied in any other way as specified in the direction; or
(iii)be suspended as specified in the direction; or
(iv)be revoked as specified in the direction; or
(b)refuse the application.
(3)In deciding an application under subsection (2), the court may have regard to the following—
(a)the applicant's character;
(b)the applicant's conduct since the making of the order;
(c)the nature of the offence or offences under this Act on which the order was based;
(d)any other relevant circumstances.
(4)If a court under subsection (2)(a) directs that a control order be varied or refuses an application under subsection (2)(b), the applicant must not make another application under subsection (1) until 12 months after that direction or refusal.
12AEControl orders to operate consecutively
If a person is disqualified under a control order from owning or being in charge of an animal and, during the period of disqualification, a court makes a further control order disqualifying the person from owning or being in charge of an animal, the further order takes effect immediately after the end of the period of disqualification fixed by the initial order.
12AFPerson must comply with control order
A person who is subject to a control order must comply with the order.
Penalty:500 penalty units or imprisonment for 2 years.
12ARegistration of interstate orders
(1)In this section—
corresponding law means a provision of a law of another State or Territory declared by an Order of the Governor in Council under section 12B to be a corresponding law for the purposes of this section;
interstate minister means the minister responsible for administering a corresponding law;
interstate order means a court order made under a corresponding law;
register means a register kept for the purposes of this section.
(2)On the written request of an interstate minister, the Minister may register an interstate order.
(3)The Minister must not register an interstate order under this section unless the interstate minister has provided the Minister with a copy, or an extract of the operative provisions, of the order.
(4)On registering an interstate order under this section, the Minister must ensure that any details specified in the regulations relating to the registration of interstate orders under this section are recorded on the copy or extract of the order and in the register (as the case requires).
(5)As soon as possible after registering an interstate order, the Minister must ensure that a notice is served on the person who is the subject of the order either personally or by registered post at the last known address of that person.
(6)The notice must inform the person—
(a)that the relevant interstate order has been registered under this section; and
(b)that the registration of the order does not take effect until 14 days after the notice is served on the person; and
(c)that from the time the registration takes effect, a contravention of the order in Victoria is an offence under subsection (8).
(7)The registration of an interstate order registered under this section takes effect 14 days after notice is served in accordance with subsection (5) on the person who is the subject of the order.
(8)A person who is the subject of an interstate order, that is registered under this section, must comply with the order.
Penalty:500 penalty units or imprisonment for 2 years.
Note
A POCTA inspector may apply under Division 1A of Part 2A to a court in certain circumstances for an order authorising the monitoring of a person's compliance with an order registered under this section.
(9)Subsection (8) applies even if the order is varied after it is registered.
(10)However, if an interstate order is varied after it is registered to create a new obligation on the person to whom the order relates, proceedings against the person in respect of a contravention of that obligation must not be started unless the person had notice of the obligation before the contravention occurred.
(11)In proceedings for an alleged offence against subsection (8)—
(a)production of a certificate signed by the Minister stating that an interstate order was registered on a specified date is prima facie evidence of the registration under this section of the order; and
(b)production of a certificate signed by the interstate minister setting out the terms of the interstate order at a particular date is prima facie evidence of the terms of the order on that date.
(12)All courts and tribunals, and any person acting judicially, must take judicial notice of—
(a)the signature of the person who is or was the Minister, and of the fact that the person is or was the Minister; and
(b)the signature of the person who is or was the interstate minister, and of the fact that the person is or was the interstate minister.
12BGovernor in Council may declare corresponding law
(1)The Governor in Council may, by Order published in the Government Gazette, declare a provision of a law of another State or a Territory to be a corresponding law for the purposes of section 12A if that provision substantially corresponds with section 12.
(2)An Order under subsection (1) has effect as from the date the Order is published or from any later date specified in the Order.
13Baiting and luring
(1)A person must not keep, use or assist in the management of premises for the purpose of causing an animal to fight or for the baiting or maltreating of an animal.
Penalty:500 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(1A)A person must not allow or encourage an animal to fight with another animal whether or not of the same species.
Penalty:500 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(1B)A person must not cause or procure the release of an animal in circumstances where it will or is likely to be pursued, injured or killed by a dog.
Penalty:500 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(1C)A person must not cause, procure or permit an animal in captivity to be injured or killed by a dog.
Penalty:500 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(1D)A person must not use an animal as a lure or kill—
(a)for the purpose of blooding a greyhound; or
(b)in connection with the training or racing of any coursing dog.
Penalty:500 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(1E)A person must not keep or have the custody, care or control of an animal for use as a lure or kill—
(a)for the purpose of blooding a greyhound; or
(b)in connection with the training or racing of any coursing dog.
Penalty:500 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(1F)A person must not attend an event at which an animal is allowed or encouraged to fight with another animal, whether or not of the same species.
Penalty:120 penalty units.
(1G)A person, without reasonable excuse, must not attend an event or place where a person is using an animal as a lure or kill—
(a)for the purpose of blooding a greyhound; or
(b)in connection with the training or racing of any coursing dog.
Penalty:120 penalty units.
(2)In any prosecution under subsection (1), (1A), (1B), (1C), (1D) or (1E), evidence in writing by a veterinary practitioner who is employed, or who practises on his or her own behalf, as a veterinary pathologist that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack.
(3)In any prosecution under subsection (1D)—
(a)evidence that the accused had the custody, care or control of an animal which appeared to have been used as a lure or kill in the manner referred to in subsection (1D) is prima facie evidence that the accused used the animal as a lure or kill in that manner; and
(b)it is a defence if the person charged proves that—
(i)the animal was used as a lure or kill in the manner referred to in subsection (1D) without that person's knowledge or consent; or
(ii)that person took all reasonable steps to prevent the animal being used as a lure or kill in the manner referred to in subsection (1D).
(4)In any prosecution under subsection (1E), evidence that the accused kept or had the custody, care or control of a prohibited animal (either alive or dead) at a place used for training or racing of any coursing dog is evidence, in the absence of evidence to the contrary, that the accused kept or had the custody, care or control of the animal for use as a lure or kill—
(a)for the purpose of blooding a greyhound; or
(b)in connection with the training or racing of any coursing dog.
(5)In subsection (4) prohibited animal means an animal of one of the following kinds—
(a)rabbits;
(b)possums;
(c)piglets;
(d)cats (other than a cat registered under the Domestic Animals Act 1994 by the person who is being prosecuted or by the owner of the place used for training or racing of any coursing dog);
(e)any other prescribed kind or class of animal.
14Trap-shooting
A person who—
(a)engages in; or
(b)keeps or uses any premises for the purposes of—
the trap-shooting of birds is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 240 penalty units or imprisonment for 2 years or, in the case of a body corporate, 1200 penalty units.
15Selling traps
(1)A person must not sell a trap that is not of a kind prescribed by regulations under this Act.
Penalty:240 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(2)A person who sells a trap of a kind prescribed by regulations under this Act must do so in accordance with those regulations.
Penalty:240 penalty units or imprisonment for 2 years, in the case of a natural person.
Penalty:1200 penalty units, in the case of a body corporate.
(3)Subsections (1) and (2) do not apply to the sale of traps to a museum or collector of traps.
15ABSetting or using traps
(1)A person must not set or use a trap that is not of a kind prescribed by regulations under this Act.
Penalty:240 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(2)A person who sets or uses a trap that is of a kind prescribed by regulations under this Act must do so in accordance with those regulations.
Penalty:240 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(3)A person must not set or use a large leghold trap of a prescribed kind in Victoria unless the person does so in an area that is declared by the Minister to be an area in which the setting or using of large leghold traps of that kind is permitted.
Penalty:240 penalty units or imprisonment for 2 years, in the case of a natural person.
1200 penalty units, in the case of a body corporate.
(4)A declaration of the Minister under subsection (3)—
(a)must be made by instrument published in the Government Gazette; and
(b)may identify an area by reference to a map, plan or diagram; and
(c)may be revoked in the same manner as that in which it is made.
15ADogs on moving vehicles
(1)In this section—
highway has the same meaning as in the Road Safety Act 1986;
motor vehicle has the same meaning as in the Road Safety Act 1986;
trailer has the same meaning as in the Road Safety Act 1986;
tray means a part of a motor vehicle behind the cabin that is an open compartment and is principally constructed to carry a load.
(2)Subject to subsection (3), a person must not drive on a highway—
(a)a motor vehicle with a tray; or
(b)a motor vehicle to which a trailer is attached—
if a dog is in or on the tray or trailer (as the case requires) and the dog is not secured in such a way as to prevent it from—
(c)falling off or out of, or from, or moving off, the tray or trailer (as the case requires); or
(d)being injured from the movement of the motor vehicle or trailer.
Penalty:10 penalty units.
(3)Subsection (2) does not apply to a dog which is being used to assist in the movement of livestock.
15BOffence under section 15A to be operator onus offence
An offence under section 15A is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
15CBreeding of animals with heritable defects
(1)A person must not, intentionally or recklessly, allow an animal with a heritable defect to breed.
Penalty:60 penalty units, in the case of a natural person.
300 penalty units, in the case of a body corporate.
(2)A person must not sell or dispose of an animal with a heritable defect, if the person knows or is reckless as to whether the animal has a heritable defect, unless the person who sells or disposes of the animal advises the person to whom the animal is sold or disposed of (before the sale or disposal) that the animal has the heritable defect.
Penalty:60 penalty units, in the case of a natural person.
300 penalty units, in the case of a body corporate.
(3)In this section—
heritable defect, in relation to a species of animal set out in Column 1 of the Table in the Schedule, means a heritable defect that is known to cause the disease set out opposite the species of animal in Column 2 of the Table in the Schedule.
Division 2—Rodeos
16Offence to operate rodeos without a licence or permit
(1)A person must not operate a rodeo unless the person is the holder of a rodeo licence or a rodeo permit.
Penalty:120 penalty units, in the case of a natural person.
600 penalty units, in the case of a body corporate.
(2)A person must not operate a rodeo school unless the person is the holder of a rodeo school permit.
Penalty:120 penalty units, in the case of a natural person.
600 penalty units, in the case of a body corporate.
17Grant of rodeo licences
The Department Head may license a person to operate rodeos.
17ADuration of licences
A rodeo licence remains in force for the period specified in the licence, which must not be more than 12 months.
17BIssue of rodeo permits and rodeo school permits
(1)The Department Head may issue a permit to a person to operate the rodeo specified in the permit.
(2)The Department Head may issue a permit to a person to operate the rodeo school specified in the permit.
17CApplication for a rodeo licence, a rodeo permit or a rodeo school permit
(1)A person may apply to the Department Head for the grant of a rodeo licence or the issue of a rodeo permit or a rodeo school permit.
(2)An application under subsection (1)—
(a)must include the prescribed particulars; and
(b)must be accompanied by the prescribed fee.
(3)An applicant must give the Department Head any further information relating to the application that the Department Head requests.
17DGrounds on which Department Head may refuse to grant or issue licence or permit
The Department Head may refuse to grant or issue a licence or permit under this Division if—
(a)he or she is not satisfied that the applicant is the person who intends to supply the stock to be used at any rodeo or rodeo school authorised under the licence or permit; or
(b)in the case of an application for a rodeo licence, the application is not lodged at least 28 days before the day on which the first rodeo to which the licence is to relate is to be held; or
(c)in the case of an application for a rodeo permit or rodeo school permit, the application is not lodged at least 28 days before the day that the rodeo or rodeo school to which the permit relates is to be held; or
(d)the application for the licence or permit does not include the prescribed particulars for that licence or permit; or
(e)the applicant has been found guilty of—
(i)an offence against section 9, 10(1) or 11A; or
(ii)any other offence under this Act or regulations under this Act in connection with the operation of a rodeo or a rodeo school; or
(f)the applicant has been served with an infringement notice in respect of an offence against this Act or regulations under this Act—
(i)that has not been withdrawn in accordance with the Infringements Act 2006; and
(ii)in respect of which the applicant has paid the penalty in accordance with the Infringements Act 2006; or
(g)the applicant does not agree to operate the rodeo or the rodeo school in accordance with the conditions for the proposed licence or permit; or
(h)the animals and the facilities and conditions to be provided for animals at the rodeo or rodeo school do not conform to the prescribed minimum requirements.
17EConditions on licences and permits
(1)Each licence and permit under this Division is subject to any conditions that the Department Head imposes on the licence or permit or the class of licence or permit.
(2)The holder of a licence under this Division must comply with the conditions on the licence imposed by the Department Head under subsection (1).
Penalty:120 penalty units, in the case of a natural person.
600 penalty units, in the case of a body corporate.
(3)The holder of a permit under this Division must comply with the conditions on the permit imposed by the Department Head under subsection (1).
Penalty:120 penalty units, in the case of a natural person.
600 penalty units, in the case of a body corporate.
(4)Each licence and permit under this Division is subject to any conditions prescribed by regulations under this Act for the licence or permit or the class of licence or permit to which the licence or permit belongs.
17FVariation of licences and permits
(1)The Department Head may, by instrument, vary a licence or permit under this Division.
(2)An instrument under subsection (1) must be served on the holder of the licence or permit, either personally or by post.
17GNotice of proposal to cancel a rodeo licence or permit or rodeo school licence
(1)If the Department Head is satisfied that there may be grounds under section 17I for cancelling a rodeo licence, a rodeo permit or rodeo school permit, the Department Head must serve notice that he or she proposes to cancel the licence or permit on the licence or permit holder either personally or by post.
(2)A notice under subsection (1) must—
(a)state that the Department Head is satisfied that there may be grounds for the cancellation of the licence or permit; and
(b)set out those grounds; and
(c)set out the time within which written submissions on the proposed cancellation of the licence or permit must be made to the Department Head.
17HMaking of submissions on proposal to cancel
(1)The holder of a rodeo licence, a rodeo permit or rodeo school permit who has been given a notice under section 17G may make written submissions on the proposal to cancel the licence or permit.
(2)Submissions made under subsection (1) must be made within the time fixed by the Department Head under section 17G(2)(c).
17ICancellation of a rodeo licence, a rodeo permit or rodeo school permit
(1)If, after considering any submissions made within the time fixed for making submissions under section 17G(2)(c), the Department Head is satisfied that—
(a)the licence or permit holder has failed to comply with a condition of the licence or permit; or
(b)the licence or permit holder has been found guilty of an offence against this Act or regulations under this Act; or
(c)that the licence or permit holder has been served with an infringement notice in respect of an offence against this Act or regulations under this Act—
(i)that has not been withdrawn in accordance with the Infringements Act 2006; and
(ii)in respect of which the licence or permit holder has paid the penalty in accordance with the Infringements Act 2006—
the Department Head may—
(d)cancel the licence or permit; or
(e)require the licence holder or permit holder to take the action specified by the Department Head.
(2)The Department Head must give notice to the licence holder or permit holder of his or her decision under subsection (1) and set out reasons for that decision in the notice.
(3)A notice under subsection (2) must be served on the licence holder or permit holder within 28 days after the expiry of the date for the making of submissions under section 17G(2)(c).
(4)Cancellation of a rodeo licence, a rodeo permit or rodeo school permit by the Department Head has effect from the date on which notice of the cancellation is served on the holder of the licence or permit.
Division 3—POCTA inspectors
18General inspectors
(1)The following persons are general inspectors—
(a)any police officer; and
(b)any person who is—
(i)employed under Part 3 of the Public Administration Act 2004; or
(ii)a full-time or part-time officer of the Royal Society for the Prevention of Cruelty to Animals—
and who is approved as a general inspector by the Minister in writing; and
(c)any person who is an authorised officer under section 72 of the Domestic Animals Act 1994 and who is approved as a general inspector by the Minister in writing, but only in respect of an alleged offence committed or a circumstance occurring in the municipal district for which that person is an authorised officer; and
(d)any person appointed as a general inspector under a declaration made under section 20A.
(2)An approval as a general inspector remains in force for a period—
(a)specified in the approval; and
(b)of not more than three years expiring on 30 June in the year that it ceases to have force.
(3)The Minister may cancel an approval as a general inspector.
18ASpecialist inspectors
(1)The Minister may, by instrument in writing, appoint any person whom the Minister considers to have appropriate qualifications to be a specialist inspector for the purposes of this Act.
(2)The appointment of a specialist inspector remains in force for a period not exceeding 3 years specified in the instrument of appointment and expiring on 30 June.
(3)The Minister may cancel the appointment of a specialist inspector.
19Identification certificates of POCTA inspectors
(1)The Minister must issue every POCTA inspector (other than a police officer) with an identification certificate in the prescribed form.
(2)When on duty a POCTA inspector (other than a police officer) must on demand produce that certificate.
20Offence to impersonate etc. POCTA inspectors
A person who impersonates a POCTA inspector named in an identification certificate or falsely pretends to be a POCTA inspector is guilty of an offence.
Penalty:20 penalty units.
20ADepartment Head may declare animals at risk due to an emergency
(1)The Department Head may, by notice published in the Government Gazette, declare that the welfare of any class or classes of animal is at risk due to an existing emergency.
(2)The declaration must state when it ceases to have effect and the nature of the emergency.
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 129) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Primary Industries Legislation Amendment Act 2014, No. 71/2014
Assent Date: 30.9.14 Commencement Date: Ss 3–11 on 11.4.15: Special Gazette (No. 66) 31.3.15 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Prevention of Cruelty to Animals Amendment Act 2015, No. 60/2015
Assent Date: 18.11.15 Commencement Date: Ss 4–30, 33, 36, 39, 41, 43–47, 49–52 on 23.12.15: Special Gazette (No. 426) 22.12.15 p. 1; ss 31, 32, 34, 35, 37, 38, 40, 42, 48 on 1.9.16: s. 2(2) Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016, No. 17/2016
Assent Date: 19.4.16 Commencement Date: S. 19 on 4.5.16: Special Gazette (No. 131) 3.5.16 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Access to Medicinal Cannabis Act 2016, No. 20/2016
Assent Date: 26.4.16 Commencement Date: S. 151 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Primary Industries Legislation Amendment Act 2016, No. 48/2016
Assent Date: 6.9.16 Commencement Date: Ss 8–12 on 1.12.16: Special Gazette (No. 368) 29.11.16 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Traditional Owner Settlement Amendment Act 2016, No. 67/2016
Assent Date: 15.11.16 Commencement Date: S. 34 on 1.5.17: s. 2(2) CurrentState: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 100) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Health Legislation Amendment and Repeal Act 2019, No. 34/2019
Assent Date: 22.10.19 Commencement Date: S. 53 on 23.10.19: s. 2(1) Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 79) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 CurrentState: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
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3 Amendments Not in Operation
This version does not contain amendments that are not yet in operation.
4 Explanatory details
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[1] S. 6(1)(a): The amendment proposed by Schedule 2 item 9 (repealed) of the Meat Industry Act 1993, No. 40/1993 is not included in this publication due to an incorrect reference to the title of this Act.
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