Dictionary
Schedule 7 Dictionary
section 3
accept, an animal, does not include a transfer of possession of the animal between the holder of an animal authority for the animal and a relevant person for the holder.
affected person...
aircraft...
airport, for chapter 3, part 6, see section 41.
animal authority means a licence, permit or authority mentioned in chapter 4, parts 3 to 18.
animal breeding place, of an animal, means a bower, burrow, cave, hollow, nest or other thing that is commonly used by the animal to incubate or rear the animal’s offspring.
animal record particulars, for an animal, for chapter 8, see section 337.
animal welfare standards means the following documents originally endorsed by the Agriculture Ministers Forum (AGMIN) in April 2019, as amended from time to time—
the document called ‘Australian animal welfare standards and guidelines. Exhibited animals – general’;
the document called ‘Australian animal welfare standards and guidelines. Exhibited animals – crocodilian’;
the document called ‘Australian animal welfare standards and guidelines. Exhibited animals – koala’;
the document called ‘Australian animal welfare standards and guidelines. Exhibited animals – macropod’;
the document called ‘Australian animal welfare standards and guidelines. Exhibited animals – ratite’;
the document called ‘Australian animal welfare standards and guidelines. Exhibited animals – wombat’.
applicant particulars, in relation to an applicant applying for the grant, renewal or amendment of an animal authority, means the following particulars—
the name of the applicant;
the address of the applicant;
the address of the proposed premises;
if the applicant is a corporation—
the applicant’s ABN or ACN; and
the name of the person proposed to be the person in charge for the authority.
approved captive breeding program, for an animal or species of animal, means a program for the captive breeding of the animal or species that has been approved by the chief executive.
approved electromagnetic implant means an electromagnetic implant approved by the Minister for use on animals for identification purposes.
approved electronic record system, for chapter 8, see section 337.
approved form...
approved interaction plan, for an animal, means a plan that is—
about interacting with the animal or animals of the same species; and
approved by the chief executive.
approved label, for schedule 5, see schedule 5, part 1.
approved mark, for schedule 5, see schedule 5, part 1.
approved person, for a person mentioned in section 341(1), means a person approved, under section 341(2), to keep a record, or give a return of operations, for the person.
approved scientific institution, for an animal, means a scientific institution approved by the Minister for accepting biological samples of the animal.
approved tag—
for schedule 5—see schedule 5, part 1; or
otherwise—see section 350(5).
associate, of a person who holds, or has applied for, an animal authority, means—
if the person is a corporation—each executive officer of the corporation; or
if the person is an individual—another person who—
is, or is intended to be, regularly or usually in charge of the individual’s activity or business, or proposed activity or business, that relates, or is intended to relate, to the authority; or
regularly directs staff for the activity or business in their duties; or
is, or is intended to be, in a position to control or substantially influence the activity or business, or proposed activity or business.
authorised animal, in relation to an animal authority, means an animal—
identified on the authority under section 249(1)(g) or 250; and
if section 251 applies to the animal—to which the authority applies under section 251(2).
authorised buyer, for an animal, means a person who is authorised to keep the animal under the Act, including, for example, a person authorised, under the Act, to keep the animal in another State or country.
authorised display means a show or display that—
is not conducted for a commercial purpose; and
lasts for no longer than 11 days.
authorised display purpose, for a display of an animal, means any of the following purposes—
giving public information about the ecological role of the animal;
promoting education about, and the conservation of, the animal;
promoting an understanding of ecology and the conservation of the animal.
authorised interstate seller, for an animal, means a person who—
is authorised to sell or give away the animal under a law of another State; and
does not hold an animal authority authorising the person to sell or give away the animal.
authorised premises, for an animal, means premises where the animal is authorised to be kept under the Act.
authority management system means—
in relation to the issuing of an animal authority prescribed for section 143B(1)(a) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or
in relation to the renewal or amendment of an animal authority prescribed for section 143B(1)(b) of the Act—the electronic system approved under section 143BA(1) of the Act by the chief executive for that purpose; or
otherwise in relation to an animal authority—the electronic system maintained by the department, and made accessible on the department’s website, for generating, sending, receiving, storing or processing electronic communications relating to the authority.
aviculture code...
caution zone, for a marine mammal, see section 282.
claim period...
class 1 animal see section 21(2).
class 2 animal see section 21(3).
commercial interaction, in relation to an animal, see section 331.
commercial purpose see section 4.
contractor includes an employee of a contractor or a subcontractor.
corporation see the Corporations Act, section 57A.
corresponding authority means an authority, however described, that—
was issued, given or granted to a person under the law of another jurisdiction; and
authorises or authorised the taking, keeping or use of an animal that is or was protected under the law of the other jurisdiction.
dangerous animal see section 21(4).
dangerous seized thing...
departmental code of practice, for an animal, means a code of practice that—
has been approved or made by the chief executive under section 174A of the Act; and
relates to animals of the same species as the animal, to the extent the code of practice states the way in which—
the animals may be taken, kept or used; or
a person may interact with the animals.
dingo means an animal of the species Canis familiaris (dingo).
disturb, an animal, includes—
approach, harass, harm, lure, pursue, tease or touch the animal; and
attempt to do an act mentioned in paragraph (a).
dolphin means a member of the family Delphinidae or the family Phocoenidae.
drive away, a flying-fox from a flying-fox roost, see section 88C(6) of the Act.
drone means a device capable of flight—
that is able to be remotely piloted or programmed to autonomously fly a particular route; but
that is not capable of transporting a person.
dugong means an animal of the species Dugong dugon.
ecosystem process, for schedule 1, see schedule 1, section 1.
educational institution means—
an approved education and care service under the Education and Care Services National Law (Queensland); or
a QEC approved service under the Education and Care Services Act 2013; or
a State educational institution or non-State school under the Education (General Provisions) Act 2006; or
a registered higher education provider under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth); or
a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).
educational or research purpose means—
scientific research at an institution administered by—
the Commonwealth or a State; or
an entity that is involved in scientific research; or
teaching at an educational institution.
emu means an animal of the species Dromaius novaehollandiae.
emu code, for schedule 5, see schedule 5, part 1.
estuarine crocodile means an animal of the species Crocodylus porosus.
excess animal, in relation to an animal authority, means an animal taken, kept or used by the holder of the authority, or a relevant person for the holder if—
the same species of animal is stated in the authority within the meaning of section 249(1)(g) or 250; but
the taking, keeping or using of the animal means the holder or person has more than the stated number of animals for the authority, within the meaning of section 251(2).
exempt animal see section 21(1).
exhibited animal authority see the Exhibited Animals Act 2015, section 29.
exhibition code...
existing activities, for chapter 5, part 5, see section 256.
existing licence, for chapter 5, part 5, see section 256.
export permit means a permit to export issued under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).
farm animal see section 21(5).
farm crocodile...
farm emu...
feed, in relation to an animal, includes—
using food to tease or lure the animal; and
discarding or leaving edible rubbish or scraps near the animal; and
attempting—
an act mentioned in paragraph (a) or (b); or
to otherwise feed the animal.
flying-fox means an animal of the genus Pteropus.
flying-fox damage mitigation code means the document called ‘Code of practice—ecologically sustainable lethal take of flying-foxes for crop protection’, approved by the chief executive under section 174A of the Act.
flying-fox roost see section 88C(6) of the Act.
flying-fox roost low impact activities code means the document called ‘Code of practice—low impact activities affecting flying-fox roosts’, approved by the chief executive under section 174A of the Act.
flying-fox roost management code means the document called ‘Code of practice—ecologically sustainable management of flying-fox roosts’, approved by the chief executive under section 174A of the Act.
food reptile means a reptile of the following species—
Carlia decora;
Carlia pectoralis;
Carlia rubigo;
Carlia vivax;
Cryptoblepharus adamsi;
Cryptoblepharus australis;
Cryptoblepharus metallicus;
Cryptoblepharus pannosus;
Cryptoblepharus pulcher;
Cryptoblepharus virgatus;
Ctenotus robustus;
Lampropholis delicata;
Morethia boulengeri.
freshwater crocodile means an animal of the species Crocodylus johnstoni.
harvest macropod see the Nature Conservation (Macropod) Conservation Plan 2017, schedule 2.
harvest period, for an animal, means a period during which a person may take the animal under a harvest period notice.
harvest period notice means a notice declaring a harvest period under a conservation plan.
helicopter includes a gyrocopter.
holder, of an animal authority—
means the person to whom the authority was granted; and
includes the person who held the authority immediately before it ended.
humane means—
in relation to the taking of an animal—taking the animal in a way that complies with the Animal Care and Protection Act 2001; or
in relation to interacting with an animal—interacting with the animal in a way that complies with the Animal Care and Protection Act 2001.
identification code means—
for an electromagnetic implant—a sequence of letters and numbers produced by the implant to identify the implant; or
for a tag—a sequence of letters and numbers that identify the tag.
imprinted bird means a bird that suffers from the behavioural disorder known as human imprinting.
incorporated association means an association incorporated under the Associations Incorporation Act 1981.
information, for schedule 1, see schedule 1, section 1.
information notice...
intended activities, for chapter 5, part 5, see section 256.
internal review...
internal review decision...
international animal means an animal that is international wildlife.
koala means an animal of the species Phascolarctos cinereus.
koala rehabilitation code means the document called ‘Code of practice—rehabilitation of sick, injured or orphaned koalas in Queensland’, approved by the chief executive under section 174A of the Act.
land manager includes—
a landholder; or
the State, an entity representing the State, or a local government, to the extent the State, entity or local government—
has in interest in public land under its management; or
is otherwise responsible for the management or development of public land.
lawfully, in relation to an act, means acting in a way that is not prohibited under an Act or another law applying to the act.
licence type amendment, for chapter 5, part 6, see section 262.
licensed premises, for an animal authority, means the premises stated in the authority as the licensed premises for the authority.
local government, for chapter 10, part 4, see section 368.
macropod means a member of the family Macropodidae.
management principles, for schedule 1, see schedule 1, section 1.
marine mammal means a dolphin, dugong or whale.
marine mammal special management area means an area declared to be a marine mammal special management area under a marine mammal special management declaration.
marine mammal special management declaration means—
for a marine mammal special management area—
a permanent marine mammal special management area declaration; or
a temporary marine mammal special management area declaration; or
for a special marine mammal—
a permanent special marine mammal declaration; or
a temporary special marine mammal declaration.
marine turtle means a member of the family Cheloniidae or the family Dermochelyidae.
meat, of an animal, includes the flesh and offal of the animal.
member, of the Australian Defence Force or a unit of the Australian Defence Force, means a Member under the Defence Act 1903 (Cwlth), section 4.
motorised diving aid means a vessel that has a motor and is used to aid diving.
Examples—
a diver propulsion vehicle, an underwater scooter
movement, of an animal, means a continuous journey between 2 places that is broken only for a stop that is necessary or incidental for the journey.
Examples of stops necessary or incidental for a journey—
• a stop ordinarily made by persons in transit for food, rest, bathing or using toilet facilities
• a stop for feeding, cleaning or resting an animal being transported
• a stop for placing an animal to be moved to another country in quarantine
• a stop for placing a live animal to be moved to another country in facilities to acclimatise the animal for the other country’s conditions
movement advice means a movement advice in the approved form.
native animal means any taxon or species of animal indigenous to Australia, including, for example, a dingo.
natural product means a product that is shed, lost or excreted by an animal without any human inducement or other human intervention.
Examples of natural products—
1 feathers of a bird that the bird naturally sheds or loses
2 skin of a snake that is naturally shed by the snake
3 teeth of a snake that are naturally excreted in the faeces of the snake
no approach zone, for a marine mammal, see section 281.
notice means written notice.
online record see section 337.
original decision...
owner...
parent, of a child, includes—
a person who exercises parental responsibility for the child, other than a person standing in the place of a parent of the child on a temporary basis; and
for an Aboriginal child—a person who, under Aboriginal tradition, is regarded as a parent of the child; and
for a Torres Strait Islander child—a person who, under Ailan Kastom, is regarded as a parent of the child.
particulars, of an animal, for chapter 8, see section 337.
permanent marine mammal special management area declaration means a declaration under section 286.
permanent special marine mammal declaration means a declaration under section 293.
permitted boat means a boat other than a prohibited vessel.
person in charge, for an animal authority held by a corporation, means the individual in charge of—
the activity to be carried out under the authority; or
the licensed premises for the authority.
person in control, of a permitted boat, prohibited vessel, or aircraft, includes—
the person in command of the boat, vessel, or aircraft; or
the person who appears to be in control or command of the boat, vessel, or aircraft.
planning scheme means a planning scheme under the Planning Act 2016.
prescribed authority—
for chapter 5, part 1, see section 234(1); and
for chapter 5, part 6, division 2, subdivision 2, see section 264B(1).
prescribed distance, in relation to a marine mammal, means—
for a prohibited vessel or aircraft—see section 283; or
for a person entering or in water—see section 284.
prescribed fee means a fee prescribed by chapter 9 to be payable under the Act.
prescribed natural habitat, for an animal, means—
if a conservation plan includes a definition of a ‘prescribed natural habitat’ for the animal—a habitat within the meaning of the definition; or
Note—
For koalas, see the Nature Conservation (Koala) Conservation Plan 2017, schedule 2.
if paragraph (a) does not apply—a natural habitat that is appropriate for the animal.
prescribed protected animal means—
a protected animal that is a live mammal; or
a protected animal that is a fertilised egg of a mammal.
prescribed renewable licence, for chapter 5, part 5, division 2, see section 257B(1).
problem crocodile see the Nature Conservation (Estuarine Crocodile) Conservation Plan 2018, section 5.
prohibited animal means an animal that is prohibited wildlife.
prohibited vessel means a hovercraft, hydrofoil, jet ski, motorised diving aid, parasail or wing in ground effect craft.
proposed premises, in relation to an application for an animal authority, means the place proposed to be the licensed premises for the authority if the application is granted.
public place means—
a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
a place, or part of a place, other than a place of residence or part of a place of residence, the occupier of which allows members of the public to enter, whether or not on payment of money.
QCAT information notice...
racing lizard means—
Tiliqua rugosa (shingle back); or
Pogona vitticeps (central bearded dragon).
rail government entity see the Transport Infrastructure Act 1994, schedule 6.
record, for chapter 8, see section 337.
record and return book means a record and return book supplied by the chief executive.
record book means—
a record book supplied by the chief executive; and
includes a record and return book.
recovery plan, for an animal—
means a document stating what research and management is necessary to—
stop the decline of the animal in the wild; or
support the recovery of the animal in the wild; or
enhance the chance of long-term survival of the animal in the wild; and
includes a recovery plan made or adopted under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), section 269A.
recreational bird or herpetological society, for a species of bird, reptile or amphibian, means a society that—
is an incorporated association; and
has, as its main function, the keeping and breeding of the same species of birds, reptiles or amphibians.
relevant amendment, for chapter 5, part 6, division 2, subdivision 2, see section 264A.
relevant day—
in relation to an application for an animal authority—means the day the application was made under chapter 5, part 1 or 2; or
for determining whether or not the holder of an animal authority is not, or is no longer, a suitable person to hold the authority—means the day the determination is made.
relevant group of marine mammals, for chapter 6, part 2, division 3, see section 292.
relevant person, in relation to an animal authority, see section 5.
relevant protected animal, for schedule 5, see schedule 5, part 1.
relevant protected bird, for schedule 5, see schedule 5, part 1.
relevant protected butterfly, for schedule 5, see schedule 5, part 1.
relevant protected crocodile, for schedule 5, see schedule 5, part 1.
relevant protected emu, for schedule 5, see schedule 5, part 1.
relevant purpose, for chapter 6, part 2, see section 285.
relevant record particulars, for a record, for chapter 8, see section 337.
remotely piloted aircraft...
renewable licence see section 257.
reptile and amphibian code...
required declaration, for an application relating to an animal authority made using the authority management system, means a declaration that—
relates to obligations or conditions that apply to the authority under this regulation; and
the applicant is required to make in the authority management system to complete the application.
required period, for chapter 8, see section 337.
return of operations, for chapter 8, see section 337.
sampled or implanted animal means a protected, international or prohibited animal in relation to which—
a biological sample has been taken or given in compliance with a notice mentioned in section 366(2); or
an approved electromagnetic implant has been inserted in compliance with a notice mentioned in section 366(3); or
an identification code for an approved electromagnetic implant has been given in compliance with a notice mentioned in section 366(3).
sampling consumable means a consumable used to obtain a biological sample of an animal.
scientific purpose includes an archaeological, anthropological or sociological purpose.
seal means a member of the family Otariidae or the family Phocidae.
seized thing...
seizure notice...
shark means a cartilaginous fish of the superorder Euselachii.
skinned carcass, of an animal, means the carcass of the animal with the skin removed.
special marine mammal means a marine mammal declared to be a special marine mammal under a marine mammal special management declaration.
special native animal means the following native animals—
an echidna (Tachyglossus aculeatus);
a koala (Phascolarctos cinereus);
a platypus (Ornithorhynchus anatinus);
a wombat (Family Vombatidae).
State museum means a non-profit institution that—
is owned or administered by the State; and
has, as a function, the preservation of information in any branch of the natural sciences about animals.
State planning policy, for chapter 3, part 6, see section 41.
stranded, in relation to a marine mammal—
means the mammal is—
aground on a shore; or
in a helpless state; or
Examples of a marine mammal in a helpless state—
• an entangled marine mammal
• an incapacitated marine mammal
sick, injured or dead; and
includes a marine mammal at risk of becoming a marine mammal mentioned in paragraph (a).
surviving offspring, of a breeding event, includes a live animal that hatches from an egg produced at the event.
tag includes a band, ring, implant, label or other thing that may be attached to an animal to identify the animal.
temporary marine mammal special management area declaration means a declaration under section 287(2).
temporary special marine mammal declaration means a declaration under section 294(2).
term, of an animal authority, means the term of the authority under chapter 5, part 4.
Tin Can Bay dolphin feeding program, for chapter 3, part 7, division 1, see section 44.
urban flying-fox management area, for chapter 10, part 4, see section 368.
urban flying-fox management area map, for chapter 10, part 4, see section 368.
venomous animal—
means an animal capable of producing venom; but
Example—
A reptile of the family Elapidae
does not include an animal—
that is not capable of introducing the venom it produces into an individual; or
Examples—
• an animal with its fangs or sting removed
• an animal that is not capable of biting an individual because of the animal’s small jaw size
an animal whose venom would not, in usual quantities, be lethal to, or seriously injure, an individual who is not particularly susceptible to the venom.
Example—
a spider of the family Theraphosidae
veterinary premises means—
veterinary premises under the Veterinary Surgeons Act 1936; or
premises in another State lawfully used by a veterinary surgeon to practise as a veterinary surgeon.
veterinary surgeon means a person registered as a veterinary surgeon under—
the Veterinary Surgeons Act 1936; or
a corresponding law of another State.
voluntary wildlife care association means a corporation with objects that include—
the voluntary rehabilitation of sick, injured or orphaned protected animals and, if possible, the return of the animals to the wild; and
the conservation of native animals.
wake...
weapon see the Weapons Act 1990, schedule 2.
whale means a cetacean of the family Balaenidae, Balaenopteridae, Kogiidae, Physeteridae or Ziphiidae.
wing in ground effect craft means a vessel constructed to move above the surface of the water using ground effect to lift off, land and maintain a limited altitude.
year means a period of 12 months—
starting at the beginning of any day; and
ending—
immediately before the beginning of the corresponding day of the following 12-month period; or
if the period started on 29 February—at the end of 28 February of the following 12-month period.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.