Animal Welfare Act 1999
142
Commenced: 1 January 2000
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Definition of ``manipulation''
4 Definition of ``physical, health, and behavioural needs''
5 Definition of ``research, testing, and teaching''
6 Definition of ``significant surgical procedure''
7 Notice of making of Order in Council
8 Act to bind the Crown
1: Care of Animals
9 Purpose
Obligations of Owners and of Persons in Charge of Animals
10 Obligation in relation to physical, health, and behavioural needs of animals
11 Obligation to alleviate pain or distress of ill or injured animals
Offences
12 Animal welfare offences
13 Strict liability
14 Further animal welfare offences
Surgical Procedures
_hyph_15 Restriction on performance of surgical procedures
16 Classification of surgical procedures
17 Performance of restricted surgical procedures
18 Performance of controlled surgical procedures
19 Veterinary approval
20 Revocation and surrender of certificate of veterinary approval
Surgical Procedure Offences
21 Surgical procedure offences
Transport of Animals
22 Transport of animals
23 Other offences in relation to transport of animals, etc
Defence
24 Defence
Penalties
25 Penalties
Safari Parks
26 Safari parks
2: Conduct Towards Animals
27 Purpose
Ill-Treatment of Animals
28 Wilful ill-treatment of animals
29 Further offences
30 Strict liability
Animal Fighting Ventures
31 Animal fighting ventures
Traps and Devices
32 Power to declare traps or devices to be prohibited or restricted traps or devices
33 Criteria
34 Restrictions on use of traps and devices to kill, manage, entrap, capture, entangle, restrain, or immobilise animals
35 Restrictions on sale of traps and devices
Inspection of Traps
36 Obligation to inspect traps
Penalties
37 Penalties
3: Animal Exports
38 Purpose
39 Effect of this Part
40 Animal welfare export certificate
41 Guidelines for issue of animal welfare export certificates
42 Application for animal welfare export certificate
43 Consideration of application
44 Decision on application
45 Conditions
46 Issue of animal welfare export certificate
47 Multiple consignment animal welfare export certificates
48 Exemptions
49 Delegation of functions or powers of Director-General
50 Revocation of delegations
51 Review of decisions
52 Animals being exported in accordance with conservation legislation
53 Enforcement
54 Offence
4: Advisory Committees
55 Purpose
National Animal Welfare Advisory Committee
56 National Animal Welfare Advisory Committee
57 Functions
58 Membership
59 Term of office
60 Annual report
61 Further provisions applying to National Animal Welfare Advisory Committee
National Animal Ethics Advisory Committee
62 National Animal Ethics Advisory Committee
63 Functions
64 Membership
65 Term of office
66 Annual report
67 Further provisions applying to National Animal Ethics Advisory Committee
5: Codes of Welfare
68 Purpose
69 Contents
70 Preparation of draft code
71 Public notification
72 Consultation
73 Matters to be considered
74 Recommendation to Minister
75 Issue of code
76 Amendment or revocation of code of welfare
77 Availability of codes of welfare
78 Review of code of welfare
79 Codes of welfare deemed to be regulations for purposes of disallowance
6: Use of Animals in Research, Testing, and Teaching
80 Purposes
81 Effect of this Part
Restrictions
82 Restrictions on research, testing, and teaching involving use of animals
83 Restrictions on carrying out of projects
84 Power to carry out certain projects
85 Restrictions on use of non-human hominids
86 Revocation of approval
Codes of Ethical Conduct
87 Codes of ethical conduct
88 Contents of code of ethical conduct
89 Application for approval
90 Changes to proposed code
91 Approval of code of ethical conduct
92 Time limits
93 Approval to be personal to code holder
94 Duration of approval
95 Application for amendment, suspension, or revocation of code of ethical conduct
96 Amendment, suspension, or revocation
97 Review of decisions
Animal Ethics Committees
98 Establishment of Animal Ethics Committees
99 Functions and powers
100 Criteria
101 Membership
102 Procedure
103 Report of non-compliance
104 Protection of members of Animal Ethics Committees
Reviews of Code Holders and Animal Ethics Committees
105 Independent reviews
106 Purpose
107 Period to which independent review relates
108 Conduct of independent review
109 Accredited reviewers
110 Performance of duties
_hyph_111 Applications for accreditation
112 Performance standards
113 Provisions applying in respect of accreditation and accredited reviewers
114 Review
115 Report
116 Level of compliance
117 Power of Minister to commission review
Power of Minister to Approve Research or Testing
118 Power of Minister to approve research or testing
Penalties
119 Penalties
7: Provisions Relating to Administration
120 Purpose
Approved Organisations, Inspectors, and Auxiliary Officers
121 Approved organisations
122 Criteria
123 Amendment or revocation of declaration
124 Appointment of inspectors
125 Appointment of auxiliary officers
126 Inspectors and auxiliary officers to act under direction of Director-General
Power to Inspect Land, Premises, and Places and Stationary Vehicles, Aircraft, and Ships
127 Power to inspect land, premises, and places and stationary vehicles, aircraft, and ships
128 Production of evidence of appointment
129 Notice of entry
130 Power to prevent or mitigate suffering
Search Warrants
131 Search warrants
132 Form and content of search warrant
133 Powers conferred by search warrant
134 Production of search warrant
135 Notice of execution of search warrant
Further Provisions Relating to Powers of Search and Entry
136 Disposal of thing seized
137 Vehicle, aircraft, ship, or animal may be detained
Powers in Relation to Injured or Sick Animals
138 Destruction of injured or sick animals (other than marine mammals)
139 Destruction of impounded animals that are diseased, injured, or sick
140 Injured and sick marine mammals
Disposal of Animals in Custody of Approved Organisations
141 Duties of approved organisation
142 Obligation to maintain register
Enforcement Orders
143 Application for enforcement order
144 Power to make enforcement order
145 Compliance with enforcement order
146 Notification of application
147 Right to be heard
148 Temporary enforcement order
149 Coming into force of enforcement order
150 Duration of enforcement order
151 Power to vary or discharge enforcement order
152 Offence to contravene enforcement order
153 Appeals to High Court
154 Appeals to Court of Appeal
155 Effect of appeal
156 Rules of court
Miscellaneous Provisions
157 Offenders to give name and address
158 Protection of persons acting under authority of Act
Offences
159 Obstruction of inspector or auxiliary officer
160 Impersonating inspector or auxiliary officer
8: Offences
Infringement Offences
161 Infringement offences
162 Infringement notices
163 Payment of infringement fees
Further Provisions Relating to Offences
164 Liability of employers and principals
165 Liability of directors and officers of bodies corporate
166 Evidence in proceedings
167 Time for laying information
_hyph_168 Inspector may conduct proceedings
169 Power to disqualify persons from having custody of animals
170 Liability for damage
171 Application of fines recovered in respect of offences
172 Power of Court to order that certain animals be forfeited to the Crown
173 Expenses incurred by inspectors and territorial authorities
174 Certain offences against Dog Control Act 1996 to be treated as offences against this Act
9: Miscellaneous Provisions
Exceptions in Relation to Hunting or Killing
175 Hunting or killing
176 Hunting in safari parks
177 Captured animals
178 Certain provisions relating to traps and devices not excluded
Exceptions in Relation to Use of Animals to Protect Human Health or Safety
179 Use of animals to protect human health or safety
180 Power to amend Schedule 3 by Order in Council
Exception in Relation to Agricultural Compounds and Hazardous Substances
181 Agricultural compounds and hazardous substances
Recovery of Costs
182 Criteria in relation to recovery of costs
Regulations
183 Regulations
Consultation
184 Consultation
Notices
185 Service of notices
Transitional Provisions
186 Advisory committees
187 Transitional provisions relating to membership of committees
188 Transitional provisions relating to inspectors
189 Transitional provision relating to approved organisations
190 Transitional provision relating to affiliated societies
191 Deemed codes of welfare
192 Codes of ethical conduct
193 Animal Ethics Committees
Amendments and Repeals
194 Related amendments to other enactments
195 Amendment to Ombudsmen Act 1975
196 Amendments to Local Government Official Information and Meetings Act 1987
197 Amendment to Customs Export Prohibition Order 1996
198 Repeals
Savings Provisions
199 Certain regulations to continue in force
200 Certain bylaws to continue in force
201 Saving
202 Expiry of section 201
Schedule(s)
1 SCHEDULE 1: Provisions Applying in Respect of National Animal Welfare Advisory Committee and National Animal Ethics Advisory Committee
2 SCHEDULE 2: Provisions Applying in Respect of Accreditation and Accredited Reviewers
3 SCHEDULE 3: Agencies Authorised to Use Animals in Protecting Human Health or Safety or Enforcing the Law
4 SCHEDULE 4: Codes Continued in Force as Codes of Welfare Issued under this Act
5 SCHEDULE 5: Enactments Amended
6 SCHEDULE 6: Enactments Repealed
7 SCHEDULE 7: Regulations Continued in Force as Code of Welfare