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This
Act may be cited as the Animal
Welfare Act 2025.
This
Act comes into operation on a day to be fixed by proclamation.
Section 27(6) of the Legislation
Interpretation Act 2021 does not apply to this Act.
In this Act—
animal means—
a member of any species of the subphylum vertebrata other than a human being; or
a member of the class cephalopoda if it is being supplied, kept or used for scientific purposes; or
a prescribed animal or a prescribed animal kept or used in prescribed circumstances, but does not include an embryo, foetus, larva or other early developmental stage of an animal except as prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) or set out in a prescribed code of practice;
animal ethics committee—see
Part 4
Division 3;
animal welfare notice means a notice given by an authorised officer under section 40;
animal welfare order means an order of a court under Part 5
Division 4;
authorised officer means—
a police officer; or
a person holding an appointment as an authorised officer under Part 5;
Code means the Australian code for the care and use of animals for scientific purposes published by the National Health and Medical Research Council, as amended from time to time;
enforceable undertaking—see
Part 5
Division 2;
harm means any form of damage, pain, suffering or distress (including unconsciousness), whether arising from injury, disease or any other condition;
notice to comply means a notice given by an authorised officer under section 41;
owner includes—
in relation to an animal—a person who has the custody, care, control or management of the animal; and
in relation to real or personal property—a person entitled to possession of the property;
premises means any land, building or structure (including a moveable building or structure);
registered activity means an activity registered under Part 4
Division 3;
scientific purposes, in relation to an animal—
means all activities conducted with the aim of acquiring, developing or demonstrating knowledge or techniques in all areas of science, including teaching, field trials, environmental studies, research (including the creation and breeding of a new animal line where the impact on animal wellbeing is unknown or uncertain), diagnosis, product testing and the production of biological products; or
if there is an inconsistency between paragraph (a) and the definition of scientific purposes in the Code—has the same meaning as in the Code;
serious harm means—
harm that endangers an animal's life; or
harm that results in an animal being so severely injured, so diseased or in such physical condition that it would be cruel not to destroy the animal; or
harm that consists of, or results in, serious and protracted impairment of a physical or mental function;
vehicle includes an aircraft, a vessel, a caravan, a trailer and anything attached to a vehicle;
veterinarian has the same meaning as in the Veterinary
Services Act 2023.
This
Act is in addition to, and does not derogate from, any other Act or law.
Animals are recognised as living beings that can feel, perceive, and experience positive and negative states.
The owners of animals have a duty of care in respect of those animals.
The objects of this Act are—
to protect the welfare of animals; and
to take a proactive approach in preventing harm to, and the ill treatment of, animals; and
to improve the level of community awareness about the responsibilities of animal ownership; and
to ensure the Minister receives appropriate advice in relation to animal welfare matters.
The owner of an animal must provide the animal with appropriate and adequate food, water and living conditions (whether temporary or permanent).
Maximum penalty:
in the case of a body corporate—$250 000;
in the case of an individual—$50 000.
The owner of an animal must take all reasonable and practicable measures to prevent or minimise harm to the animal.
Maximum penalty:
in the case of a body corporate—$250 000;
in the case of an individual—$50 000.
The regulations may prescribe specific care requirements for particular animals, particular classes of animals or animals in particular circumstances and, in such a case, breach of the prescribed care requirements will be taken to constitute an offence against this section of a kind designated by the regulations.
It is a defence to a charge of an offence against this section for the owner to prove that they were acting in accordance with a prescribed code of practice.
If—
a person ill treats an animal; and
the ill treatment causes the death of, or serious harm to, the animal;
and
the person intends to cause the death of, or serious harm to, the animal, the person is guilty of an offence.
Maximum penalty:
in the case of a body corporate—$1 000 000;
in the case of an individual—$250 000 or imprisonment for
10 years.
If—
a person ill treats an animal; and
the ill treatment causes the death of, or serious harm to, the animal;
and
the person is reckless about causing the death of, or serious harm to, the animal, the person is guilty of an offence.
Maximum penalty:
in the case of a body corporate—$750 000;
in the case of an individual—$175 000 or imprisonment for
7 years.
A person who ill treats an animal is guilty of an offence.
Maximum penalty:
in the case of a body corporate—$500 000;
in the case of an individual—$100 000 or imprisonment for
5 years.
Without limiting the generality of subsection (1),
or (3), a person ill treats an animal if the person—
intentionally, unreasonably or recklessly causes the animal unnecessary harm; or
being the owner of the animal—
fails to take reasonable steps to mitigate harm suffered by the animal; or
abandons the animal; or
causes the animal harm by neglecting the animal (including, for example, by failing to provide the animal with appropriate, and adequate, food, water, living conditions (whether temporary or permanent) or exercise); or
having caused the animal harm (not being an animal of which that person is the owner), fails to take reasonable steps to mitigate the harm; or
causes the animal to be killed or injured by another animal; or
kills the animal in a manner that causes the animal unnecessary pain; or
unless the animal is unconscious, kills the animal by a method that does not cause death to occur as rapidly as possible; or
carries out a medical or surgical procedure on the animal in contravention of the regulations; or
ill treats the animal in any other manner prescribed by the regulations for the purposes of this section.
A person charged with an offence against subsection (1) (the aggravated offence) may be convicted of an offence against subsection (2) or (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established.
A person charged with an offence against subsection (2) (the aggravated offence) may be convicted of an offence against subsection (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established.
It is a defence to a charge of an offence against subsection (3) if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.
For the purposes of this section, a person abandons an animal if the person relinquishes care or charge of the animal without ensuring that another person has, or will immediately take, care or charge of the animal, including by—
deliberately abandoning the animal at a place; or
intentionally allowing the animal to escape; or
inappropriately releasing the animal into the wild.
In this section—
cause—a person's act or omission causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm.
A person who, by an intentional act, causes the death of, or serious harm to, a working animal is guilty of an offence.
Maximum penalty: $500 000 or imprisonment for 10 years.
Subsection (1) does not apply to the death of a working animal, or the causing of serious harm to a working animal, that occurs in the following circumstances:
where the death or serious harm is caused in the course of the provision of veterinary treatment to the working animal;
where the death occurs under section 65;
where the death or serious harm is caused by, or with the consent of, the owner of the working animal or a person assisting the owner;
where the death or serious harm occurs in the course of training the animal to perform its working function;
where the death or serious harm occurs pursuant to an order under section 50 of the Dog and Cat Management Act 1995;
where the death occurs under section 63 of the Dog and Cat Management Act 1995;
any other circumstances prescribed by the regulations.
In proceedings for an offence against subsection (1), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that an animal the subject of the charge was a working animal.
In proceedings for an offence against subsection (1), a defence that would, but for this subsection, be available to the defendant under subsection (1) will be taken not to be available to a defendant if—
the working animal the subject of the charge is a police dog, police horse or a correctional services dog; and
the death or serious harm occurs in the course of, or is related to—
the commission of an offence by the defendant or a person in the company of the defendant; or
the defendant taking steps to avoid being taken into, or to escape from, lawful custody; or
the defendant resisting another who is exercising a power in the course of their official duties or functions.
In proceedings for an offence against subsection (1), the prosecution need not prove that the defendant knew that their act would cause death or serious harm to the working animal, or to a particular working animal.
This section is in addition to, and does not derogate from the other provisions of this Part.
In this section—
accredited assistance dog means—
a dog accredited as an assistance dog under section 21 of the Dog and Cat Management Act 1995;
or
a dog accredited as an assistance dog (however described) under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability;
cause—a person's act causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm;
correctional services dog has the same meaning as in the Correctional
Services Act 1982;
police dog means a dog (including a drug detection dog within the meaning of the Controlled
Substances Act 1984) that—
has completed training of a kind approved by the Commissioner of Police;
and
is used by, or to assist, police officers in the performance of their official duties and functions;
police horse means a horse that—
has completed training of a kind approved by the Commissioner of Police;
and
is used by, or to assist, police officers in the performance of their official duties and functions;
serious harm, in relation to a working animal, includes harm that results in the animal being unable to satisfactorily perform its working function;
Note—
See also the definition in section 3.
working animal means—
a police dog; or
a police horse; or
a correctional services dog; or
an accredited assistance dog;
working function, of a working animal, means the function or functions for which the animal has been trained and is ordinarily used (whether or not the working animal also performs other functions).
A person must not take part in a prohibited activity.
Maximum penalty:
in the case of a body corporate—$1 000 000;
in the case of an individual—$250 000 or imprisonment for
10 years.
A person must not be present in a place at which a prohibited activity is occurring.
Maximum penalty:
in the case of a body corporate—$500 000;
in the case of an individual—$100 000 or imprisonment for
5 years.
For the purposes of subsection (2), if a person is present in a place at which a prohibited activity has occurred within the preceding 2 hours, the person will, in the absence of proof to the contrary, be taken to have been at the place at the time the prohibited activity occurred.
In proceedings for an offence against subsection (2), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that a prohibited activity was occurring in the place.
For the purposes of this section, the following are prohibited activities:
organised animal fights;
live baiting;
releasing an animal from captivity for the purpose of it then being hunted or killed (whether by a person or otherwise);
selling or supplying an animal to a person for the purpose of the animal being used in an activity referred to in a preceding paragraph;
keeping or preparing an animal for the purpose of using the animal in an activity referred to in a preceding paragraph;
any other act or activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited activity.
For the purposes of this section, a person takes
part in a prohibited activity if the person does 1 or more of the following:
organises the prohibited activity;
promotes the prohibited activity;
allows the prohibited activity to occur on premises, or in a place, owned or occupied by the person;
knowingly provides an animal or other thing used, or intended for use, in relation to the prohibited activity;
undertakes, without lawful excuse, any other activity relating to the prohibited activity.
For the purposes of this section, a reference to a part of an animal does not include a reference to a part of an animal that has been processed such that it no longer resembles a part of the relevant kind.
Note—
For
example, the skin of an animal which has been processed into a leather product.
In this section—
live baiting means an activity in which—
a live animal is introduced into an area for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals; or
the carcass or any part of an animal is introduced into an area or moved around an area (or both) for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals, but does not include an activity declared by the regulations to be excluded from the ambit of this definition;
organised animal fight means an event in which an animal is encouraged to fight with another animal.
A person must not, without the approval of the Minister, have in their possession or control a prohibited item.
Maximum penalty:
in the case of a body corporate—$1 000 000;
in the case of an individual—$250 000 or imprisonment for
10 years.
For the purposes of this section, the following are prohibited items:
a cock‑fighting spur;
an implement, article or other thing made or adapted for attachment to an animal—
for the purpose of training the animal to fight another animal; or
for the purpose of inciting or assisting the animal to fight another animal or to inflict injury on another animal during a fight; or
for the purpose of protecting the animal in a fight with another animal;
a drug (not being a drug supplied on the prescription of, and given to an animal in accordance with the directions of, a veterinarian) to be administered to an animal for the purpose of inciting or assisting the animal to fight another animal, or to inflict injury on another animal during a fight;
a lure or bait (however described) consisting of or including the carcass or any part of an animal and used, or intended to be used, for the purpose of live baiting (within the meaning of section 9);
any other implement, article or thing prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited item.
For the purposes of subsection (2)(d), a reference to a part of an animal does not include a reference to a
part of an animal that has been processed such that it no longer resembles a part of the relevant kind.
Note—
For
example, the skin of an animal which has been processed into a leather product.
A person must not, for the purpose of confining or controlling an animal, place on the animal or use an electrical device in contravention of the regulations.
Maximum penalty:
in the case of a body corporate—$100 000;
in the case of an individual—$20 000.
Expiation fee: $1 000.
In this section—
electrical device means any of the following devices designed for the purpose of confining or controlling an animal:
an electrical prod or goad;
a collar designed to impart an electric shock;
an electroimmobiliser;
any other electrical device prescribed by the regulations;
electroimmobiliser means an electrical device designed to temporarily immobilise an animal.
A person must not organise, promote or participate in, or participate in organising or promoting, jumps racing.
Maximum penalty:
in the case of a body corporate—$500 000;
in the case of an individual—$100 000 or imprisonment for
5 years.
However, nothing in subsection (1) prevents a person from—
organising, promoting or participating in, or participating in organising or promoting, equestrian eventing, show jumping or a cross‑country event; or
jumping a horse, or requiring a person to jump a horse, over an obstacle other than in the course of a horse race; or
Example—
Training or preparation of a horse that includes jumping an obstacle.
publishing the field of horses competing in jumps racing held in another State or a Territory, or overseas; or
advertising jumps racing held in another State or a Territory, or allowing images or audio of such racing to be shown or heard.
In this section—
jumps racing means a steeplechase or hurdle race involving the racing of horses.