S. 3(1) def. of Code of Practice amended by No. 11/2000 s. 4(1). Code of Practice means a Code of Practice made and published and as varied from time to time under section 7; S. 3(1) def. of Chief General Manager repealed by No. 77/1995 s. 4(1)(c). * * * * * S. 3(1) def. of Department inserted by No. 77/1995 s. 4(1)(e), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 17.1). Department means the Department of Primary Industries; s. 3 S. 3(1) def. of Department Head inserted by No. 76/1998 s. 27(a)(ii), amended by No. 108/2004 s. 117(1) (Sch. 3 item 160.1). Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department; S. 3(1) def. of dock inserted by No. 65/2007 s. 77(1)(a). dock, in relation to the tail of a dog or a horse, means the amputation, removal or shortening of the tail of the animal, other than the shortening of the tail hairs of the animal; farm animal means— (a) if kept for or used in connexion with primary production—cattle, sheep, pigs, poultry, goats and deer; and
(f) any other purpose prescribed for the purposes of this paragraph— but does not include— (g) the treatment of an animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or (h) the conduct of animal husbandry carried out in accordance with a Code of Practice; or (i) the collection, taking, banding and marking of wildlife within the meaning of and in accordance with the Wildlife Act 1975; or s. 3 (j) any or any type of procedure, test, experiment, inquiry, investigation or study prescribed for the purposes of this paragraph; S. 3(1) def. of scientific procedures field work licence inserted by No. 103/2003 s. 31. scientific procedures field work licence means a licence issued under section 32A; S. 3(1) def. of scientific procedures premises licence inserted by No. 103/2003 s. 31. scientific procedures premises licence means a licence issued under section 29;
S. 3(2) inserted by No. 77/1995 s. 4(2), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 17.2), 108/2004 s. 117(1) (Sch. 3 item 160.2). (2) If under the Public Administration Act 2004 the name of the Department of Primary Industries is changed, a reference to that Department in the definition of Department in subsection (1) must, from the date when the name is changed, be taken to be a reference to the Department by its new name. S. 3(3) inserted by No. 65/2007 s. 77(4). (3) In this Act, other than Part 3, animal means— (a) a live member of a vertebrate species including any— (i) fish or amphibian; or (ii) reptile, bird or mammal, other than any human being or any reptile, bird or other mammal that is below the normal mid-point of gestation or incubation for the particular class of reptile, bird or mammal; or (b) a live adult decapod crustacean, that is— (i) a lobster; or (ii) a crab; or (iii) a crayfish. 4 Binding of Crown s. 4 This Act binds the Crown, not only in right of the State of but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. S. 5 repealed by No. 65/2007 s. 78(1). * * * * *
S. 6 amended by No. 77/1995 s. 5(1). 6 Application of Act s. 6 (1) This Act does not apply to— S. 6(1)(a) amended by No. 77/1995 s. 5(2)(3). (a) the slaughter of animals in accordance with the Meat Industry Act 1993 or any Commonwealth Act; or (b) except to the extent that it is necessary to rely upon a Code of Practice as a defence to an offence under this Act the keeping, treatment, handling, transportation, sale, killing, hunting, shooting, catching, trapping, netting, marking, care, use, husbandry or management of any animal or class of animals (other than a farm animal or class of farm animals) which is carried out in accordance with a Code of Practice; or (c) any act or practice with respect to the farming, transport, sale or killing of any farm animal which is carried out in accordance with a Code of Practice; or S. 6(1)(d) amended by Nos 52/1994 s. 97(Sch. 3 item 23.1), 69/2004 s. 48(1). (d) anything done in accordance with the Catchment and Land Protection Act 1994; or S. 6(1)(e) amended by Nos 77/1995 s. 5(4), 58/1997 s. 96(Sch. item 7.2). (e) the treatment of any animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or
S. 20 (Heading) inserted by No. 65/2007 s. 94(1). S. 20 amended by Nos 77/1995 s. 19, 65/2007 s. 94(2). 20 Offence to impersonate etc. POCTA inspectors s. 20 A person who impersonates a POCTA inspector named in an identification certificate or falsely pretends to be a POCTA inspector is guilty of an offence. 20 penalty units. __________________ Ss 21–24Q amended by Nos 77/1995 ss 20–25, 58/1997 s. 96(Sch. items 7.3–7.6), 46/1998 s. 7(Sch. 1), 83/2001 ss 103/2003 s. 36, 69/2004 ss 51–53, 50/2005 ss 76/2005 ss 30–37, substituted as Pt 2A (Heading and ss 21–24ZW) by No. 65/2007 s. 95. Division 1—Preliminary S. 21 substituted by No. 65/2007 s. 95. 21 Definitions s. 21 In this Part— ruminant means any animal which is capable of chewing its cud; sample, in relation to a dead animal, includes the whole of the carcass of the animal. Division 2—Emergency powers to deal with animals
(b) take and keep samples of or from any animal or thing in or on the premises; (c) open any container at the premises for the purpose of inspecting, or taking a sample of, its contents but must reseal the container after the inspection is made or the sample is taken. S. 24B substituted by No. 65/2007 s. 95. 24B Powers to recover certain costs A POCTA inspector may, on behalf of a person who provided food or water to an animal by or under the authority of a POCTA inspector under section 23(2), recover from the owner of the animal the reasonable costs of the food and water in any court of competent jurisdiction as a civil debt recoverable summarily. S. 24C substituted by No. 65/2007 s. 95. 24C Obtaining veterinary treatment (1) If a POCTA inspector reasonably believes that treatment by a veterinary practitioner is necessary for the welfare of an animal, subject to subsection (2), the inspector may arrange for a veterinary practitioner to treat the animal. (2) If a POCTA inspector has formed a belief under subsection (1) that an animal requires treatment by a veterinary practitioner and the owner or person in charge of the animal can be contacted, after reasonable enquiry, the inspector must, before arranging veterinary treatment under subsection (1), give the owner or person an opportunity to arrange for a veterinary practitioner of his or her choice to undertake the required treatment. (3) The inspector may recover the costs of veterinary treatment of an animal arranged under subsection (1) from the owner or the person in charge of the animal treated in a court of competent jurisdiction as a civil debt recoverable summarily.
(1) A scientific procedures field work licence is subject to any conditions— (a) that are prescribed; and (b) that the Department Head imposes on the licence. S. 32D(2) amended by No. 65/2007 s. 101. (2) A licence holder must comply with the conditions to which the licence is subject. 120 penalty units or imprisonment for 12 months, in the case of a natural person. 600 penalty units, in the case of a body corporate. S. 32D(3) amended by No. 65/2007 s. 101. (3) A person who is carrying out a scientific procedure under a scientific procedures field work licence must comply with the conditions to which the licence is subject. 120 penalty units or imprisonment for 12 months, in the case of a natural person. 600 penalty units, in the case of a body corporate. Pt 3 Div. 5 (Heading and ss 32E–32H) inserted by No. 103/2003 s. 37. Division 5—Specified animals breeding licences S. 32E inserted by No. 103/2003 s. 37. 32E Grant of a specified animals breeding licence s. 32E The Department Head may licence a person who occupies premises to cause or allow specified animals to be bred on the premises for the purposes of use in scientific procedures.
(d) the licence holder has been found guilty of an offence against this Act or the regulations— the Department Head may cancel the licence. S. 32Q inserted by No. 103/2003 s. 37. 32Q Notice of Department Head's decision s. 32Q (1) The Department Head must give notice to the holder of a licence that has been suspended under section 32N of the Department Head's decision under section 32P and set out reasons for that decision in the notice. (2) A notice under subsection (1) must be served on the licence holder within 28 days after the expiry of the date for the making of submissions under section 32N(3)(d). S. 32R inserted by No. 103/2003 s. 37. 32R Coming into effect of cancellation Cancellation of a licence by the Department Head has effect from the time at which notice of the cancellation is served on the licence holder. Pt 3 Div. 7 (Heading) inserted by No. 103/2003 s. 37. Division 7—Miscellaneous S. 33 amended by Nos 65/1994 s. 5(5)(a)(b), 77/1995 s. 31, substituted by No. 52/1998 s. 311(Sch. 1 item 75). 33 Review by Victorian Civil and Administrative Tribunal
(ii) that any animal found on the premises under paragraph (a) be housed or fed in accordance with the regulations; S. 35(7)(c) amended by Nos 57/1989 s. 3(Sch. item 161.1), 68/2009 s. 97(Sch. item 95.3). (c) Power to file a charge-sheet charging an offence under this Part or any offence under the regulations relating to this Part; S. 35(7)(d) amended by No. 103/2003 s. 40(b). (d) Power to require any person at the premises referred to in paragraph (a) to give such information as the officer directs and answer any questions put to that person by the officer. S. 35(8) amended by Nos 57/1989 s. 3(Sch. item 161.2), 68/2009 s. 97(Sch. item 95.4). (8) Only an authorized officer may file a charge-sheet charging any offence under this Part or any offence under the regulations relating to this Part. 36 Offences s. 36 S. 36(1) amended by Nos 77/1995 s. 30(3), 103/2003 s. 41, 65/2007 s. 103(1). (1) A person who knowingly or negligently does or omits to do any act with the result that unnecessary, unreasonable or unjustifiable pain or suffering is caused to any animal kept at a premises in respect of which a licence has been issued under this Part or used for the purpose of carrying out a scientific procedure, is guilty of an offence and is liable to a penalty of not more than, in the case of a natural person, 120 penalty units or imprisonment for 12 months, or, in the case of a body corporate, 600 penalty units. S. 36(2) amended by Nos 77/1995 s. 30(3), 65/2007 s. 103(2). (2) A person who carries out any surgical operation on an animal unless— (a) during the entire length of the operation, the animal is under the influence of an
(3) The regulations do not apply to any act or practice with respect to the farming, transport, sale or killing of any farm animal if that act or practice is carried out in accordance with a Code of Practice. s. 42 _______________ Pt 5 (Heading and s. 43) inserted by No. 11/2000 s. 6. S. 43 inserted by No. 11/2000 s. 6. 43 Prevention of Cruelty to Animals (Amendment) Act 2000 s. 43 A Code of Practice prepared by the Minister and published under section 7 as in force immediately before the date of commencement of section 4 of the Prevention of Cruelty to Animals (Amendment) Act 2000 is, on that commencement, deemed to be a Code of Practice made by the Governor in Council and published under section 7 as amended by section 4 of that Act and may be varied or revoked accordingly. __________________ Sch. substituted by No. 65/2007 s. 110(Sch. 2). SCHEDULE Sch. Section 15C Column 1 Species Column 2 Disease Dogs Von Willebrand's Disease (VWD) Progressive Retinal Atrophy (PRA) Neuronal Ceroid Lipofuscinosis (NCL)
Assent Date: 24.11.87 Commencement Date: S. 27 on 25.11.87: Government Gazette 25.11.87 p. 3215; s. 28 on 7.12.88: Government Gazette 7.12.88 p. 3659; s. 26 on 12.8.99: Government Gazette 29.7.99 p. 1738 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Agricultural Acts (Amendment) Act 1988, No. 35/1988 Assent Date: 24.5.88 Commencement Date: S. 24 on 1.6.88: Government Gazette 1.6.88 p. 1486 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 : All of Act in operation Meat Industry Act 1993, No. 40/1993 Assent Date: 1.6.93 Commencement Date: Sch. 2 item 9 on 30.6.93: Government Gazette 24.6.93 p. 1596 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Catchment and Land Protection Act 1994, No. 52/1994 Assent Date: 15.6.94 Commencement Date: S. 97(Sch. 3 items 23.1, 23.2) on 15.12.94: s. 2(3) : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Agriculture (Registered Occupations) Act 1994, No. 65/1994 Assent Date: 18.10.94 Commencement Date: Ss 1, 2 on 18.10.94: s. 2(1); rest of Act on 1.12.94: Government Gazette 24.11.94 p. 3095 : All of Act in operation Livestock Disease Control Act 1994, No. 115/1994