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;
(d) the procedure of grinding, clipping or trimming the teeth of a sheep using an electrical or motorised device, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the sheep; or (e) the procedure of removing the claws of a cat, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the cat; or (f) the procedure of removing the venom sacs of a reptile, unless the procedure is done by a veterinary practitioner for the purpose of having a therapeutic effect on the reptile; or; (g) the procedure of thermocautery or firing of a horse; or (h) the procedure of spaying an animal unless the procedure is done by a veterinary practitioner; regulations means regulations made under this Act; S. 3(1) def. of rodeo licence inserted by No. 65/2007 s. 77(3). rodeo licence means a licence granted under section 17; S. 3(1) def. of rodeo permit inserted by No. 65/2007 s. 77(3). rodeo permit means a permit issued under section 17B(1); S. 3(1) def. of rodeo school permit inserted by No. 65/2007 s. 77(3). rodeo school permit means a permit issued under section 17B(2);
S. 13(1G) inserted by No. 60/2015 s. 10(1). (1G) A person, without reasonable excuse, must not attend an event or place where a person is using an animal as a lure or kill— (a) for the purpose of blooding a greyhound; or (b) in connection with the training or racing of any coursing dog. Penalty: 120 penalty units. S. 13(2) amended by Nos 77/1995 s. 10(2), 74/2000 s. 3(Sch. 1 item 101), 103/2003 s. 35, 60/2015 s. 10(2). (2) In any prosecution under subsection (1), (1A), (1B), (1C), (1D) or (1E), evidence in writing by a veterinary practitioner who is employed, or who practises on his or her own behalf, as a veterinary pathologist that an animal was alive at the time of its attack by a dog is prima facie evidence that the animal was alive at the time of that attack. S. 13(3) amended by No. 60/2015 s. 10(3). (3) In any prosecution under subsection (1D)— S. 13(3)(a) amended by Nos 68/2009 s. 97(Sch. item 95.1), 60/2015 s. 10(3). (a) evidence that the accused had the custody, care or control of an animal which appeared to have been used as a lure or kill in the manner referred to in subsection (1D) is prima facie evidence that the accused used the animal as a lure or kill in that manner; and (b) it is a defence if the person charged proves that— S. 13(3)(b)(i) amended by No. 60/2015 s. 10(3). (i) the animal was used as a lure or kill in the manner referred to in subsection (1D) without that person's knowledge or consent; or
S. 18(1)(b)(ii) amended by No. 69/2004 s. 50. (ii) a full-time or part-time officer of the Royal Society for the Prevention of Cruelty to Animals— and who is approved as a general inspector by the Minister in writing; and S. 18(1)(c) amended by Nos 77/1995 s. 16, 22/1996 s. 18(a)(b), 65/2007 s. 92(3)(4), 60/2012 s. 35(2). (c) any person who is an authorised officer under section 72 of the Domestic Animals Act 1994 and who is approved as a general inspector by the Minister in writing, but only in respect of an alleged offence committed or a circumstance occurring in the municipal district for which that person is an authorised officer; and S. 18(1)(d) inserted by No. 60/2012 s. 35(3). (d) any person appointed as a general inspector under a declaration made under section 20A. S. 18(2) amended by No. 65/2007 s. 92(5). (2) An approval as a general inspector remains in force for a period— (a) specified in the approval; and (b) of not more than three years expiring on 30 June in the year that it ceases to have force. S. 18(3) amended by No. 65/2007 s. 92(5). (3) The Minister may cancel an approval as a general inspector. S. 18A inserted by No. 77/1995 s. 17. 18A Specialist inspectors S. 18A(1) amended by No. 60/2012 s. 36. (1) The Minister may, by instrument in writing, appoint any person whom the Minister considers to have appropriate qualifications to be a specialist inspector for the purposes of this Act.
(2) The appointment of a specialist inspector remains in force for a period not exceeding 3 years specified in the instrument of appointment and expiring on 30 June. (3) The Minister may cancel the appointment of a specialist inspector. S. 19 (Heading) inserted by No. 65/2007 s. 93(1). 19 Identification certificates of POCTA inspectors S. 19(1) amended by Nos 77/1995 s. 18, 65/2007 s. 93(2), 37/2014 s. 10(Sch. item 129.2). (1) The Minister must issue every POCTA inspector (other than a police officer) with an identification certificate in the prescribed form. S. 19(2) amended by Nos 77/1995 s. 18, 65/2007 s. 93(3), 37/2014 s. 10(Sch. item 129.2). (2) When on duty a POCTA inspector (other than a police officer) must on demand produce that certificate. 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 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. S. 20A inserted by No. 60/2012 s. 37. 20A Department Head may declare animals at risk due to an emergency (1) The Department Head may, by notice published in the Government Gazette, declare that the welfare of any class or classes of animal is at risk due to an existing emergency.
S. 24G (Heading) amended by No. 60/2015 s. 17(1). S. 24G substituted by No. 65/2007 s. 95. 24G Search warrants for at risk animals on premises (1) A POCTA inspector, with the written approval of the Department Head, may apply to a magistrate for the issue of a search warrant in relation to premises (including residential premises), if the inspector believes on reasonable grounds that there is in or on the premises— (a) an abandoned, diseased, distressed or disabled animal; or (b) an animal, the welfare of which the inspector believes on reasonable grounds is at risk; or (c) an animal, in respect of which a contravention of section 9, 10(1), 11A, 13(1) or regulations under this Act is occurring or has occurred; or (d) an animal, in respect of which the person in charge is in contravention of an order under section 12(1) or an interstate order within the meaning of section 12A, that is registered under that section. (2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the POCTA inspector that there are reasonable grounds to believe that there is in or on the premises— (a) an abandoned, diseased, distressed or disabled animal; or (b) an animal, the welfare of which the inspector believes on reasonable grounds is at risk; or (c) an animal, in respect of which a contravention of section 9, 10(1), 11A, 13(1) or regulations under this Act is occurring or has occurred; or
(3) A POCTA inspector who prepares a report for the purposes of subsection (2), must consider the following— (a) the nature of the cock or dog; (b) the condition of the cock or dog; (c) whether the cock or dog is of a breed or type usually bred or used for fighting; (d) whether the owner or person in charge of the cock or dog has been identified or is likely to be identified; (e) any other relevant factor. (4) If the owner or person in charge of a cock or dog seized under section 24AA has been identified and the cock or dog has been forfeited to the Crown under this section, the Department Head must, as soon as is reasonable, cause written notice of the forfeiture to be served on the owner or person in charge. (5) A notice under subsection (4) must be served either personally or by post. S. 24ZA inserted by No. 65/2007 s. 95. 24ZA Disposal of animal by sale (1) An animal that is to be disposed of by sale must be offered for sale by public auction or public tender. (2) The person who is selling the animal must give public notice that he or she intends to sell the animal by public auction or public tender, at least 14 days before the sale. (3) A notice under subsection (2) must include— (a) details of the location where the animal was seized; (b) the kind of animal;
(ii) state an address that is not the full and correct address of his or her ordinary place of residence or business. 10 penalty units. (4) If a person states a name and address in response to a request under subsection (1) and the inspector suspects, on reasonable grounds, that the stated name and address may be false, the inspector may request the person to produce evidence of the correctness of the name and address. (5) A person to whom a request under subsection (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so. 10 penalty units. (6) It is not an offence for a person to fail to comply with a request under subsection (1) or (4)— (a) if the inspector did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or (b) if the inspector did not identify himself or herself in accordance with section 24ZU before making the request. S. 24ZTA inserted by No. 60/2012 s. 41. 24ZTA Requirement to make documents available for inspection (1) A POCTA inspector, with the written approval of the Department Head, may serve a notice on a person requiring the person to produce or make available for inspection a document in the custody or possession of the person which the inspector believes on reasonable grounds to be relevant to determining whether another person has committed an offence against this Act or the regulations.
S. 26 amended by Nos 68/1987 s. 28, 65/1994 s. 5(2)(3), 77/1995 s. 26, 76/1998 s. 27(b), substituted by No. 103/2003 s. 37. 26 Offences relating to scientific procedures carried out at scientific premises S. 26(1) amended by No. 65/2007 s. 97. (1) A person who occupies a scientific premises must not cause or allow scientific procedures to be carried out on those premises unless that person holds a scientific procedures premises licence for that premises that authorises the carrying out of those procedures. 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. 26(2) amended by Nos 65/2007 s. 97, 60/2012 s. 43(1). (2) A person who occupies a premises at which scientific procedures are carried out or are proposed to be carried out must nominate a natural person to be responsible for any procedures carried out on those premises. 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. 26(3) amended by Nos 65/2007 s. 97, 60/2012 s. 43(2). (3) A person nominated under subsection (2) must not cause or allow scientific procedures to be carried out at the premises for which he or she has been nominated unless the nominated person reasonably believes that the occupier of the premises is the holder of a scientific procedures
20 penalty units, in the case of a natural person. 120 penalty units, in the case of a body corporate. S. 32H(4) inserted by No. 60/2015 s. 39. (4) A person nominated under section 28(1A) in respect of a specified animals breeding licence must take all reasonable steps to ensure that any breeding of specified animals that is carried out under the licence is carried out in compliance with the licence conditions. Penalty: 120 penalty units or imprisonment for 12 months. Pt 3 Div. 6 (Heading and ss 32I–32R) inserted by No. 103/2003 s. 37. Division 6—General licensing provisions S. 32I inserted by No. 103/2003 s. 37. 32I Power of Department Head to renew licences On the expiration of a licence granted under this Part, the Department Head may renew the licence. S. 32J inserted by No. 103/2003 s. 37. 32J Application to renew a licence (1) Before a licence granted under this Part expires, the holder may apply to the Department Head for the renewal of the licence. (2) An application under subsection (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant under this section must give to the Department Head any further information relating to the application that the Department Head requests.
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: 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 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 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––