Regulation-making power
112 Regulation-making power
The Executive may make regulations for this Act.
A regulation may make provision in relation to—
the confining, housing or transport of animals; and
the slaughtering, trapping, snaring, catching or poisoning of animals; and
the hiring out, boarding, sale or trade of animals; and
the breeding, husbandry or training of animals; and
the use of animals for entertainment; and
the conditions under which animals may be kept or used for the purpose of the production of films, television programs or photographs, or of film, television, or photographic advertisements; and
the use of animals for teaching or research, or medical or surgical procedures; and
medical or surgical procedures on animals, including animal husbandry practices in relation to farming and grazing activities; and
a qualification a person must hold, or experience a person must have, to do a thing mentioned in paragraphs (a) to (h).
A regulation may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.
Schedule 1 Reviewable decisions
(see pt 8)
column 1 item column 2 section column 3 decision column 4 entity
1
24G (1) (b) refuse to issue licence applicant for licence
2
24I (1) (a) and (b) put condition on licence licensee
3
24K (1) (b) refuse to approve transfer
licensee
transferee
4
24K (3) put condition on transfer transferee
5
24M (1) (b) refuse to renew licence licensee
6
24M (5) put condition on renewal licensee
7
24N amend licence licensee
8
24O (4) refuse further consideration
applicant
licensee
transferee
9
27 (1) (a) and 30 grant or renew licence for period less than 3 years applicant for licence or renewal
10
27 (1) (b) refuse to grant or renew licence applicant for licence or renewal
11
28 (b) put condition on licence licensee
12
34 (1) amend licence licensee
13
34 (1) amend licence in way other than the way applied for applicant for amendment
14
34 (1) refuse to amend licence applicant for amendment
15
38 (1) (a) and 41 grant or renew authorisation for period less than 3 years applicant for authorisation or renewal
16
38 (1) (b) refuse to grant or renew authorisation applicant for authorisation or renewal
17
39 (b) put condition on authorisation entity that holds authorisation
18
46 (1) amend authorisation entity that holds authorisation
19
46 (1) amend authorisation in way other than way applied for applicant for amendment
20
46 (1) refuse to amend authorisation applicant for amendment
21
49B (3) end application of s 49B (1) to researcher interstate researcher
22
55 (1) (b) refuse to grant or renew circus or travelling zoo permit applicant for permit or renewal
23
56 (b) put condition on circus or travelling zoo permit permit holder
24
59A (1) amend circus or travelling zoo permit permit holder
25
59A (1) amend circus or travelling zoo permit in way other than way applied for applicant for amendment
26
59A (1) refuse to amend circus or travelling zoo permit applicant for amendment
27
64 (1) (a) and 67 grant or renew trapping permit for period less than 3 years applicant for permit or renewal
28
64 (1) (b) refuse to grant or renew trapping permit applicant for permit or renewal
29
65 (b) put condition on trapping permit permit holder
30
71 (1) amend trapping permit permit holder
31
71 (1) amend trapping permit in way other than way applied for applicant for amendment
32
71 (1) refuse to amend trapping permit applicant for amendment
33
73D take regulatory action approved person against whom action taken
34
73E suspend approval immediately approved person whose approval suspended
35
86B condition on accommodation of seized animal person in charge of animal
36
86C sell or rehome seized animal person in charge of animal
37
86E prohibit animal ownership person prohibited
38
95 (2) (a) approve claim for compensation for particular amount claimant for compensation
39
95 (2) (b) refuse to approve claim for compensation claimant for compensation
Dictionary (see s 2)
The Legislation Act contains definitions relevant to this Act. For
ACAT
chief police officer
contravene
Corporations Act
director‑general (see s 163)
entity
fail
found guilty
function
maximum penalty
may (see s 146)
Minister (see s 162)
must (see s 146)
person (see s 160)
police officer
public servant
reviewable decision notice
the Territory
veterinary practitioner.
animal means—
a live member of a vertebrate species, including—
an amphibian; and
a bird; and
a fish; and
a mammal (other than a human being); and
a reptile; or
a live cephalopod; or
a live crustacean intended for human consumption.
animal ethics committee means—
for this Act generally—an animal ethics committee established in accordance with a regulation; and
in relation to a licence—the animal ethics committee whose functions relate to the licence; and
in relation to an application for an authorisation—the animal ethics committee to which the application is made; and
in relation to an authorisation or an authorisation holder—the animal ethics committee that gave the authorisation.
animal welfare entity—see section 86A.
approval, for part 6A (Regulatory action)—see section 73A.
approved code of practice means a code of practice approved under section 22, as in force under this Act.
approved person, for part 6A (Regulatory action)—see section 73A.
authorisation means a research authorisation or teaching authorisation.
authorisation holder means a person granted a research authorisation or a teaching authorisation under section 38 (1) (a).
authorised officer means an authorised officer under section 77.
authorised staff member, of a corporation, for division 4.2 (Authorisations)—see section 37 (2).
authority means the Animal Welfare Authority under section 5.
board, an animal, for part 3A (Pet businesses)—see section 24E.
breeding licence, for part 3A (Pet businesses)—see section 24E.
business premises, for division 7.3 (Powers of inspectors)—see section 80.
circus permit means a circus permit granted under section 55.
circus permit-holder means a person granted a circus permit under section 55 (1) (a).
confine, an animal, for part 2 (Animal welfare offences)—see section 6A.
connected, for part 7 (Enforcement)—see section 74.
cruelty, in relation to an animal, for pt 2 (Animal welfare offences)—see section 6A.
defined offence means—
an offence against this Act; or
an offence in relation to animal welfare under another territory law or a Commonwealth or State law.
director, of a corporation incorporated for a public purpose under a territory law or Commonwealth or State law, includes a member of the corporation.
domestic, in relation to an animal, includes captive.
engage in conduct means—
do an act; or
omit to do an act.
executive officer, of a corporation, means a person (however described) who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation.
feral animal means an animal (other than a native animal) that does not live in a domestic state.
identity card means—
in relation to an inspector (other than a police officer), an authorised officer or a delegate of the authority—an identity card issued to the person under section 78; or
The authority is an inspector (see s 76 (2) (a)).
in relation to a police officer—proof of identification of a type approved for general purposes by the chief police officer.
injury, in relation to an animal, includes—
the aggravation, acceleration or recurrence of any physical injury; and
the contraction, aggravation, acceleration or recurrence of a disease.
inspector means an inspector under section 76.
interstate research authorisation means an authorisation (however described) to conduct research, or teach, using animals that—
has been granted under a State law; and
has not been suspended.
interstate researcher means a person who holds an interstate research authorisation.
licence means a licence granted under section 27.
licensed pet business means a person issued a pet business licence under section 24G (1) (a).
licensed premises—see section 27 (Decision about licence application).
licensee means a person granted a licence under section 27 (1) (a).
mandatory code of practice means a code of practice, or part of a code of practice, approved under section 23 as mandatory.
native animal—see the Nature Conservation Act 2014, section 12.
occupier, of premises that an inspector or authorised officer is authorised to enter under part 7, for part 7 (Enforcement)—see section 74.
offence—
for part 7 (Enforcement)—see section 74; and
for division 7.10 (Evidence)—see section 97; and
for division 7.11 (Court orders and corporate penalties)—see section 100.
officer—
for division 7.7 (Consent to entry, reports and search warrants)—see section 87; and
for division 7.9 (Compensation for animal injury and death)—see section 93.
owner, of an injured or dead animal, for division 7.9 (Compensation for animal injury and death)—see section 93.
pain includes suffering and distress.
person in charge, in relation to an animal, means—
the owner of the animal; or
a person having the custody or control of the animal; or
if a person mentioned in paragraph (b) is acting as the employee or agent of someone else—the other person; or
if the animal is confined in a saleyard—the occupier of the saleyard.
pet business, for part 3A (Pet businesses)—see section 24E.
pet business licence means a licence issued under section 24G (1) (a).
pet shop, for part 3A (Pet businesses)—see section 24E.
poison, for part 2 (Animal welfare offences)—see section 6A.
premises—
for this Act generally, includes—
a building or part of a building; and
a tent, stall or other structure, whether permanent or temporary; and
land (including water on land) whether or not appurtenant to a building; and
a vehicle; and
in relation to the exercise of an inspector’s powers, for division 7.3 (Powers of inspectors)—see section 80.
prohibited animal, for part 5 (Circuses and travelling zoos)—see section 51.
prohibited item—see section 14.
regulatory body, for part 6A (Regulatory action)—see section 73A.
research authorisation means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of research in relation to licensed premises.
reviewable decision, for part 8 (Notification and review of decisions)—see section 107.
teaching authorisation means an authorisation granted under section 38 (Decision about authorisation application) to conduct a program of teaching in relation to licensed premises.
trapping permit means a permit granted under section 64 (Decision about trapping permit application) for—
domestic or private purposes; or
the purposes of a commercial trapping operation.
trapping permit-holder means a person granted a trapping permit under section 64 (1) (a).
travelling zoo does not include—
for a zoo located in the ACT—the display of the zoo’s animals at a place other than the place where the zoo is permanently located; or
a zoo (however described) the main purpose of which is to make animals available for contact with members of the public.
Example—par (b) a zoo known as a petting zoo that contains animals such as livestock, poultry and rabbits travelling zoo permit means a travelling zoo permit granted under section 55.
travelling zoo permit-holder means a person granted a travelling zoo permit under section 55 (1) (a).
vehicle includes a caravan, trailer or vessel.
veterinary treatment, in relation to an animal, means—
a medical procedure of a prophylactic or therapeutic nature carried out on the animal by a veterinary practitioner; or
a medical procedure of a prophylactic nature carried out on the animal in accordance with directions given by a veterinary practitioner; or
a surgical procedure of a prophylactic or therapeutic nature, or sterilisation, carried out on the animal by a veterinary practitioner; or
any other medical or surgical procedure carried out on the animal by a veterinary practitioner.
welfare, in relation to animals, means the health, safety and welfare of—
animals in general; or
1 or more animals in particular.
This provision refers to the regulations (may make regulations
, the regulations
, a regulation
). Made under this Act:
- Animal Welfare Regulation 2001 · under s 112
This Act’s bill:Explanatory statement
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.