Animal Welfare Act 1992

This Act is the Animal Welfare Act 1992.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘native animal—see the Nature Conservation Act 2014, section 12.’ means that the term ‘native animal’ is defined in that section and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The main objects of this Act are to recognise that—

animals are sentient beings that are able to subjectively feel and perceive the world around them; and

animals have intrinsic value and deserve to be treated with compassion and have a quality of life that reflects their intrinsic value; and

people have a duty to care for the physical and mental welfare of animals.

This is to be achieved particularly by—

promoting and protecting the welfare of animals; and

providing for the proper and humane care, management and treatment of animals; and

deterring and preventing animal cruelty and the abuse and neglect of animals; and

enforcing laws about the matters mentioned in paragraphs (a), (b) and (c).

The director‑general must appoint a public servant as the Animal Welfare Authority.

Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

The authority may delegate to a public servant or another person a function given to the authority under this Act.

Note For the making of delegations and the exercise of a delegated function, see the Legislation Act, pt 19.4.

However, the authority must not delegate a function to a person who is not a public servant without first being satisfied that the function needs to be exercised by a person who is not a public servant.

Part 2 Animal welfare offences

In this part:

confine, an animal, means—

enclose the animal in a pen, vehicle, cage, box or other container or small space; or

otherwise limit or restrict the animal’s freedom of movement, including by—

tying up the animal; or

using a device on the animal; or

impairing the animal.

Examples—device hood, bridle, tether

Example—impairing animal clipping the feathers of a bird’s wing cruelty, in relation to an animal, includes the following:

doing, or not doing, something to an animal that causes, or is likely to cause, injury, pain, stress or death to the animal that is unjustifiable, unnecessary or unreasonable in the circumstances;

abusing, terrifying or tormenting the animal.

poison includes glass or anything else that, if ingested by an animal, is likely to kill or injure the animal.

A person in charge of an animal commits an offence if the person fails to give the animal—

appropriate food; or

appropriate water; or

appropriate treatment for illness, disease or injury; or

appropriate shelter or accommodation; or

a clean and hygienic living environment; or

appropriate grooming and maintenance; or

appropriate exercise; or

appropriate opportunities to display behaviour that is normal for the animal; or

care that is appropriate for the animal’s wellbeing.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Subsection (1) does not apply if the person has a reasonable excuse.

Note 1 The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code, s 58).

Note 2 If an inspector or authorised officer reasonably believes s (1) applies, the inspector or authorised officer may give a written direction to the person to give appropriate care to the animal (see s 85).

In this section:

appropriate, in relation to an animal, means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal.

treatment includes veterinary treatment, including preventative treatment, if a reasonable person would expect veterinary treatment to be sought in the circumstances.

A person in charge of an animal commits an offence if—

the person keeps the animal on premises; and

at any time when the animal is on the premises, the animal does not have access to water or shelter.

Maximum penalty: 25 penalty units.

An offence against this section is a strict liability offence.

A person in charge of an animal commits an offence if—

the person keeps the animal on premises; and

the place where the animal is kept is unhygienic for the animal.

Maximum penalty: 25 penalty units.

Examples

1 faeces not removed

2 vermin infestation

An offence against this section is a strict liability offence.

A person in charge of an animal commits an offence if—

the person fails to groom or maintain the animal; and

the failure causes, or is likely to cause, injury, pain, stress or death to the animal.

Maximum penalty: 25 penalty units.

Examples

1 eye infection caused by hair growing over eyes

2 impairment caused by unclipped nails

3 skin irritation caused by flea infestation

An offence against this section is a strict liability offence.