Version 093 Prevention of Cruelty to Animals Act 1986 No. 46 of 1986 Version incorporating amendments as at 1 May 2017 The Parliament of enacts as follows: 1 Purpose The purpose of this Act is to— (a) prevent cruelty to animals; and (b) to encourage the considerate treatment of animals; and (c) to improve the level of community awareness about the prevention of cruelty to animals. 2 Commencement This Act comes into operation on a day or days to be proclaimed. S. 3 amended by No. 77/1995 s. 4(1)(a). 3 Definitions (1) In this Act— S. 3(1) def. of adverse publicity order inserted by No. 60/2015 s. 4(2). adverse publicity order means an order under section 36K;
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), 70/2013 s. 4(Sch. 2 item 39.1). Department means the Department of Environment and Primary Industries; 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; S. 3(1) def. of farm animal amended by No. 71/2014 s. 3(a). farm animal means— (a) if kept for or used in connection with primary production—cattle, sheep, pigs, poultry, goats and deer; and (b) horses other than horses kept for or used in connection with sporting events, equestrian competitions, pony clubs, riding schools, circuses or rodeos; S. 3(1) def. of general inspector inserted by No. 65/2007 s. 77(1)(a). general inspector means a person who is a general inspector under section 18;
S. 3(1) def. of veterinary surgeon repealed by No. 58/1997 s. 96(Sch. item 7.1). * * * * * S. 3(1A) inserted by No. 60/2015 s. 4(4). (1A) In Parts 1, 3, 3AA, 3B and 4— authorised officer means a person appointed to be an authorised officer under section 35. 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), 70/2013 s. 4(Sch. 2 item 39.2). (2) If under the Public Administration Act 2004 the name of the Department of Environment and 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— S. 3(3)(a)(i) amended by No. 60/2015 s. 4(5). (i) fish or amphibian that is capable of selffeeding; 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
S. 13(1) amended by Nos 77/1995 s. 10(1), 65/2007 s. 85(1), 71/2014 s. 4, substituted by No. 60/2015 s. 10(1). (1) A person must not keep, use or assist in the management of premises for the purpose of causing an animal to fight or for the baiting or maltreating of an animal. Penalty: 500 penalty units or imprisonment for 2 years, in the case of a natural person. 1200 penalty units, in the case of a body corporate. S. 13(1A) inserted by No. 60/2015 s. 10(1). (1A) A person must not allow or encourage an animal to fight with another animal whether or not of the same species. Penalty: 500 penalty units or imprisonment for 2 years, in the case of a natural person. 1200 penalty units, in the case of a body corporate. S. 13(1B) inserted by No. 60/2015 s. 10(1). (1B) A person must not cause or procure the release of an animal in circumstances where it will or is likely to be pursued, injured or killed by a dog. Penalty: 500 penalty units or imprisonment for 2 years, in the case of a natural person. 1200 penalty units, in the case of a body corporate. S. 13(1C) inserted by No. 60/2015 s. 10(1). (1C) A person must not cause, procure or permit an animal in captivity to be injured or killed by a dog. Penalty: 500 penalty units or imprisonment for 2 years, in the case of a natural person. 1200 penalty units, in the case of a body corporate. S. 13(1D) inserted by No. 60/2015 s. 10(1). (1D) A person must not use an animal as a lure or kill— (a) for the purpose of blooding a greyhound; or
S. 24ZQA inserted by No. 60/2015 s. 26. 24ZQA Requirement to muster, yard or secure animals A POCTA inspector may, for the purposes of exercising any power conferred on the inspector by this Part, require the owner or person in charge of an animal— (a) to muster, yard or secure that animal; or (b) to provide adequate facilities and assistance to allow the safe and efficient handling of the animal during seizure, examination or inspection of the animal or the taking of samples from the animal. S. 24ZR inserted by No. 65/2007 s. 95. 24ZR Offences as to inspectors (1) A person must not assault, obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate a POCTA inspector in the discharge of the inspector's powers under this Part. 60 penalty units. (2) A person must not refuse admission to a POCTA inspector exercising a power of entry or a person assisting a POCTA inspector in exercising a power of entry under this Part. 60 penalty units. S. 24ZR(3) amended by No. 60/2015 s. 27. (3) A person must not, without reasonable excuse, contravene or fail to comply with any direction or requirement of a POCTA inspector who is acting in the discharge of the inspector's powers under this Part. 60 penalty units. S. 24ZS inserted by No. 65/2007 s. 95. 24ZS Offences as to veterinary practitioners etc. (1) A person must not assault, obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate a veterinary practitioner or superintendent of a saleyard (within the
Penalty: 120 penalty units or imprisonment for 12 months. 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 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. S. 32EA inserted by No. 60/2015 s. 37. 32EA Considerations for grant of specified animals breeding licence In granting a specified animals breeding licence the Department Head may have regard to the following matters— (a) if the applicant is a natural person, whether or not the applicant is a fit and proper person to hold the licence; (b) if the applicant is a body corporate, whether or not each director or officer of the body corporate who does or may exercise control over the activities carried out under the licence is a fit and proper person to be a director or officer of such a licence holder; (c) whether or not the applicant has been convicted or found guilty of an offence under this Act or the regulations; (d) any other relevant matter. S. 32F inserted by No. 103/2003 s. 37. 32F Application for a specified animals breeding licence
(a) an employee of the principal within the scope of the employee's actual or apparent authority; or (b) any other person at the specific direction or with the specific consent or agreement of an employee of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee. (5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose. S. 41AC (Heading) amended by No. 68/2009 s. 97(Sch. item 95.6) S. 41AC inserted by No. 65/2007 s. 107, amended by Nos 68/2009 s. 97(Sch. item 95.7), 17/2016 s. 19. 41AC Time for charging certain offences under this Act Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009, proceedings for any offence under section 9, section 10, section 13, Part 3 or any regulations relating to Part 3 may be commenced within the period of three years after the date on which the alleged offence was committed. S. 41A inserted by No. 103/2003 s. 43. 41A Council employees etc. not subject to offence for giving information (1) If— S. 41A(1)(a) amended by No. 60/2015 s. 50. (a) an officer, employee or contractor of a Council gives the name and address of an owner of land or of an animal to a POCTA inspector or an authorised officer for the purposes of enabling the inspector or authorised officer to exercise a power under this Act; and
(b) the officer, employee or contractor has obtained that information in the course of his or her employment with the Council or under his or her contract with the Council (as the case requires)— the officer, employee or contractor does not commit any offence under the Local Government Act 1989, regulations or local laws made under that Act or any other law in so doing. (2) In this section Council has the same meaning as in the Local Government Act 1989. 42 Regulations (1) The Governor in Council may make regulations for or with respect to any of the following matters— S. 42(1)(a) amended by Nos 77/1995 s. 34(a), 71/2014 s. 11(1), 60/2015 s. 51(1). (a) prescribing forms (including the form of an identification certificate of a POCTA inspector or an authorised officer and the form of orders to be issued by authorised officers requiring the destruction, treatment, housing or feeding of any animal); S. 42(1)(b) substituted by No. 65/2007 s. 108(1)(a). (b) traps, including but not limited to the following— (i) the nature, dimensions and features of traps; (ii) the use of traps; (iii) the purposes for which and the places in which traps may be used; (c) the conditions under which animals may be kept in captivity, including the sizes of enclosures and cages;
Assent Date: 30.6.09 Commencement Date: Ss 106, 108 on 1.7.09: s. 2(1); s. 107 on 1.9.09: Government Gazette 6.8.09 p. 2125 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Criminal Procedure Amendment (Consequential and Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 95) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act 2011, No. 75/2011 Assent Date: 13.12.11 Commencement Date: Ss 25, 26 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Primary Industries and Food Legislation Amendment Act 2012, No. 60/2012 Assent Date: 23.10.12 Commencement Date: S. 72(7)(8) on 24.10.12: s. 2(1); ss 31–46 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 : This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 39) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Emergency Management Act 2013, No. 73/2013 Assent Date: 3.12.13 Commencement Date: S. 100 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 129) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Primary Industries Legislation Amendment Act 2014, No. 71/2014 Assent Date: 30.9.14 Commencement Date: Ss 3–11 on 11.4.15: Special Gazette (No. 66) 31.3.15 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Prevention of Cruelty to Animals Amendment Act 2015, No. 60/2015 Assent Date: 18.11.15 Commencement Date: Ss 4–30, 33, 36, 39, 41, 43–47, 49–52 on 23.12.15: Special Gazette (No. 426) 22.12.15 p. 1; ss 31, 32, 34, 35, 37, 38, 40, 42, 48 on 1.9.16: s. 2(2) Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016, No. 17/2016 Assent Date: 19.4.16 Commencement Date: S. 19 on 4.5.16: Special Gazette (No. 131) 3.5.16 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Access to Medicinal Cannabis Act 2016, No. 20/2016 Assent Date: 26.4.16 Commencement Date: S. 151 on 14.9.16: Special Gazette (No. 284) 13.9.16 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986 Primary Industries Legislation Amendment Act 2016, No. 48/2016 Assent Date: 6.9.16 Commencement Date: Ss 8–12 on 1.12.16: Special Gazette (No. 368) 29.11.16 p. 1 Current State: This information relates only to the provision/s amending the Prevention of Cruelty to Animals Act 1986