1Short title
This Act may be cited as the Animal Protection Act 2018.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Animal Protection Act 2018.
This Act commences on the day fixed by the Administrator by Gazette notice.
The objects of this Act are:
to ensure that animals are treated humanely; and
to prevent cruelty to animals; and
(c) to promote community awareness about responsibilities and legal obligations associated with the care and protection of animals; and
(d) to regulate the activities of persons who use animals for scientific purposes.
In this Act:
accredited animal ethics committee, for Part 4, see section 36.
acting in an official capacity, in relation to a person, means the person is exercising functions under, or otherwise related to the administration of, this Act.
Advisory Committee means the Animal Welfare Advisory Committee established under section 19.
affected person, see section 76(2).
animal:
for Part 4, see section 36; or
otherwise – see section 5.
animal ethics committee, for Part 4, see section 36.
animal welfare direction, see section 92.
animal welfare offence, for Part 4, see section 36.
approved form means a form approved under section 13.
authorised officer means a person appointed as an authorised officer under section 15.
cage includes a pen, kennel, hutch, receptacle or other shelter for an animal.
CEO means the Chief Executive Officer.
CEO guidelines, for Part 4, see section 39.
chief investigator, for Part 4, see section 36.
code of practice means a code of practice adopted or prescribed under section 20.
commercial premises means premises:
(a) used for, or in connection with, commercial purposes in relation to animals, including their production, processing, sale and transportation; or
(b) used for, or in connection with, scientific purposes in relation to animals; or
(c) used for purposes mentioned in paragraph (a) and a portion of which are occupied as a place of residence.
confine, in relation to an animal, means to restrict its freedom of movement, including the following:
enclosing it in a cage, pit, yard, field or paddock;
(b) physically reducing its ability to move by pinioning or mutilating it;
tethering or otherwise restraining it.
connected with an offence, for Part 5, see section 77(3).
corresponding law means a law of another jurisdiction that corresponds to this Act, and includes a law of another jurisdiction that is declared by the Regulations to be a corresponding law of that jurisdiction for this Act.
cruelty, in relation to an animal, means any conduct that constitutes an offence against section 24.
decision notice, for a decision, means a written notice setting out:
the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this or any other Act, to apply for a review of, or to appeal, the decision.
designated person means:
the CEO; or
an authorised officer; or
(c) a person assisting an authorised officer under Part 5 or otherwise acting at the request of an authorised officer; or
a veterinarian acting under this Act.
educational institution, for Part 4, see section 36.
executive officer, of a body corporate, means a director or other person who is concerned with, or takes part in, the management of the body corporate.
former Act means the Animal Welfare Act 1999.
harm means injury, damage or hurt.
horse firing means applying heat, extreme cold, acid or caustic chemicals to the leg of a horse to cause tissue damage and develop scar tissue around the tendons and ligaments of the leg.
improvement notice, see section 75(2).
minimum level of care, for an animal, see section 6.
monitoring program, for Part 5, see section 78(1).
motor vehicle, see section 3 of the Traffic Act 1987.
occupier, in relation to premises, means the occupier or person in charge of the premises.
organised animal fight means an event in which an animal is encouraged to fight with a person or another animal.
person entitled, for Part 5, Division 4, see section 93.
person in control, in relation to an animal, means any of the following:
an owner of the animal;
a parent or guardian of a minor who is an owner of the animal;
(c) a person who has control of the animal or is supervising another person in possession of the animal;
a person in possession of the animal.
pinioning means disabling a bird's wing or removing part of a bird's wing but does not include trimming the feathers at the wingtip.
poison includes:
(a) a Scheduled substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act 2012; and
(b) a substance containing a substance mentioned in paragraph (a); and
a substance likely to cause or contribute to an animal suffering.
Example for definition poison, paragraph (c)
Ground glass in food.
possess, in relation to an animal or thing, includes having custody, care or control of the animal or thing.
premises includes:
a building or part of a building; and
a permanent or temporary structure on land; and
land, whether or not there is a building on it; and
water on land.
project, for Part 4, see section 36.
project approval, for Part 4, see section 36.
registered means registered under Part 4, Division 2.
research means to obtain fact or principles for a scientific purpose by:
(a) conducting one or more experiments, procedures, tests or studies involving an animal; or
(b) subjecting an animal to surgical, medical, psychological, biological, chemical or physical treatment.
residential premises means any premises, or part of premises, occupied as a place of residence.
return or disposal order, in relation to an animal or thing, means any of the following orders:
(a) that the CEO return the animal or thing to a person entitled to it;
(b) that the CEO sell or dispose of the animal or thing under section 98 or otherwise as the court considers appropriate;
(c) that the animal or thing is forfeited to the Territory and that the CEO sell or dispose of the animal or thing under section 98 or otherwise as the court considers appropriate.
reviewable decision, see section 76(1).
scientific purposes, see section 7.
scientific use code, see section 8.
seizure and management costs, see section 100.
sell includes:
barter or exchange; and
agree or attempt to sell; and
offer, expose, supply or receive for sale; and
send, forward or deliver for sale; and
cause or permit to be sold.
stock animals includes:
(a) cattle, buffaloes, horses, mules, donkeys, sheep, deer, goats, camels, swine, crocodiles and poultry; and
any other animals of a class prescribed by regulation.
suffering means to feel harm, pain, extreme anxiety or other physical or psychological distress.
veterinarian means a registered veterinarian under the Veterinarians Act 1994.
welfare means health, safety and well-being.
youth means a youth as defined in section 6 of the Youth Justice Act 2005.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
An animal is a live:
member of a vertebrate species, other than fish; and
fish in captivity or dependent on a person for food; and
(c) crustacean if it is on premises where food is prepared or is offered for retail sale.
Note for subsection (1)(a)
Vertebrate species of animals may include amphibians, birds, mammals and reptiles.
(2) Despite subsection (1)(a), an animal does not include a human being.
(1) The minimum level of care for an animal is the level of care required to ensure that the animal:
has appropriate and sufficient food and water; and
has appropriate accommodation and living conditions; and
(c) is appropriately treated for disease or an injury, or when suffering; and
is allowed appropriate exercise; and
is handled only in ways that are appropriate; and
is confined or restrained only in ways that are appropriate; and
(g) is worked, ridden or otherwise used only in ways that are appropriate; and
is not abandoned; and
is not used in an organised animal fight.
(2) Something is appropriate for an animal if it is appropriate to ensure the welfare of the animal having regard to all relevant circumstances, including the animal's species and the environment in which the animal is kept or lives.
Something is not appropriate for an animal if:
(a) it causes, is likely to cause, contributes to, or is likely to contribute to the animal suffering that is unjustifiable, unnecessary or unreasonable in the circumstances; or
it is prescribed by regulation as being not appropriate.
(1) An animal is used for scientific purposes if the animal is used in connection with an activity performed to acquire, develop or demonstrate knowledge or techniques in an area of science.
Without limiting subsection (1), an activity includes:
teaching; and
performing field trials; and
conducting environmental studies; and
(d) engaging in research, including research related to creating or breeding a new animal line where the impact on animal welfare is unknown or uncertain; and
testing products; and
producing biological products.
(3) The use of an animal for scientific purposes also includes using any of the remains of an animal killed for the purpose of performing an activity mentioned in subsection (1).
(1) The scientific use code is the "Australian code for the care and use of animals for scientific purposes" published by the National Health and Medical Research Council, including each new edition of the code, as in force from time to time.
(2) The CEO must ensure that a copy of the most recent edition of the scientific use code:
(a) is kept and made available for inspection, free of charge, by the public during normal business hours at the Agency's head office; and
is published on the Agency's website.
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 10
Part IIAA of the Criminal
Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
The CEO has the following functions:
to ensure compliance with this Act;
(b) to appoint authorised officers and to be responsible for their activities under this Act;
to decide whether offences against this Act are prosecuted;
to administer registrations under Part 4;
to otherwise administer this Act;
(f) to perform any other function conferred on the CEO under this Act.
(2) The CEO has the powers necessary to perform the CEO's functions under this Act.
(1) For performing functions under this Act, the CEO may do one or more of the following as, and in the way, the CEO considers appropriate:
obtain relevant information from persons;
consult with persons;
make inquiries of persons.
(2) Without limiting subsection (1)(a), the CEO may require a person to give information and documents to the CEO in the manner, and within the time, specified in the requirement.
(3) A person must comply with a requirement given to the person under subsection (2).
Maximum penalty: 100 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) Nothing in this section is to be construed as compelling a person to answer any question that would tend to incriminate the person.
(6) However, information or documents given by an individual in compliance with the requirement are not admissible in evidence against the individual in a civil or criminal proceeding, except a proceeding for an offence in which the falsity or misleading nature of the information or document is relevant.
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