Animal Protection Act 2018

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:

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:

(b) physically reducing its ability to move by pinioning or mutilating 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:

(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:

(c) a person assisting an authorised officer under Part 5 or otherwise acting at the request of an authorised officer; or

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:

(c) a person who has control of the animal or is supervising another 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

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:

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:

stock animals includes:

(a) cattle, buffaloes, horses, mules, donkeys, sheep, deer, goats, camels, swine, crocodiles and poultry; and

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.