S. 3(1) def. of Secretary inserted by No. 77/1995 s. 4(1)(e), repealed by No. 76/1998 s. 27(a)(i). * * * * * S. 3(1) def. of specialist inspector inserted by No. 65/2007 s. 77(1)(a). specialist inspector means a person appointed as a specialist inspector under section 18A; S. 3(1) def. of specified animals breeding licence inserted by No. 103/2003 s. 31. specified animals breeding licence means a licence issued under section 32E; S. 3(1) def. of veterinary practitioner inserted by No. 58/1997 s. 96(Sch. item 7.1). veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997; s. 3 S. 3(1) def. of veterinary surgeon repealed by No. 58/1997 s. 96(Sch. item 7.1). * * * * *
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 S. 6(1)(b) amended by No. 60/2012 s. 31. (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
Pt 2 Div. 2 (Heading and ss 16, 17) amended by Nos 77/1995 ss 14, 15, 76/1998 s. 27(b), 69/2004 s. 49(2)–(4), 76/2005 s. 29, substituted as Pt 2 Div. 2 (Heading and ss 16–17I) by No. 65/2007 s. 90. Division 2—Rodeos S. 16 substituted by No. 65/2007 s. 90. 16 Offence to operate rodeos without a licence or permit s. 16 (1) A person must not operate a rodeo unless the person is the holder of a rodeo licence or a rodeo permit. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate. (2) A person must not operate a rodeo school unless the person is the holder of a rodeo school permit. 120 penalty units, in the case of a natural person. 600 penalty units, in the case of a body corporate. S. 17 substituted by No. 65/2007 s. 90. 17 Grant of rodeo licences The Department Head may license a person to operate rodeos. S. 17A inserted by No. 65/2007 s. 90. 17A Duration of licences A rodeo licence remains in force for the period specified in the licence, which must not be more than 12 months.
(7) The appointment of a general inspector remains in force until the earlier of the following— (a) the declaration ceases to have effect or is revoked under subsection (3); (b) the appointment is revoked by the Department Head. s. 20A (8) In this section emergency has the same meaning as in section 4(1) of the Emergency Management Act 1986. __________________ 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.
(c) if the power is being exercised under section 23(1), may, on production of his or her identity card for inspection to any person in or on the premises, require the person to give such information as the inspector requests in relation to the suspected baiting, or luring and to answer any questions put to that person by the inspector in relation to the suspected baiting, or luring. (2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under subsection (1). 60 penalty units. (3) A person must not, when giving information to a inspector under subsection (1) give information that is false or misleading. 60 penalty units. S. 24ZR inserted by No. 65/2007 s. 95. 24ZR Offences as to inspectors s. 24ZR (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. (3) A person must not 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.
S. 25 def. of authorised officer substituted as authorized officer by No. 60/2012 s. 72(7). authorized officer means a person appointed to be an authorized officer under section 35; Peer Review Committee means a Peer Review Committee established under section 34; program of scientific procedures means a series of scientific procedures each of which is being carried out in conjunction with the others; specified animal means— (a) guinea pig; and (b) rat, mouse or rabbit, other than a rat, mouse or rabbit bred in its native habitat; and (c) non-human primate. Pt 3 Div. 2 (Heading) inserted by No. 103/2003 s. 37. Division 2—Offences
premises licence for that premises that authorises the carrying out of those procedures. Penalty: 120 penalty units or imprisonment for 12 months. S. 26(4) amended by No. 65/2007 s. 97. (4) A person must not carry out a scientific procedure at a scientific premises unless the person carrying out the procedure reasonably believes that the occupier of the premises is the holder of 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. 27 amended by No. 77/1995 s. 27, substituted by No. 103/2003 s. 37. 27 Offences relating to scientific procedures carried out outside scientific premises s. 27 S. 27(1) amended by No. 65/2007 s. 98. (1) A person must not— (a) carry out a scientific procedure or a program of scientific procedures; or (b) cause or allow a scientific procedure or program of scientific procedures to be carried out on that person's behalf— at any place that is not a scientific premises unless the person is— (c) the holder of a scientific procedures field work licence; or (d) the holder of a scientific procedures premises licence that authorises the carrying out of that work.
S. 29 amended by Nos 77/1995 s. 29, 76/1998 s. 27(b), substituted by No. 103/2003 s. 37. 29 Grant of a scientific procedures premises licence s. 29 The Department Head may licence a person who occupies a scientific premises to cause or allow scientific procedures to be carried out— (a) on those premises; or (b) on behalf of the holder of the licence, at any other place specified in the licence. S. 30 amended by No. 77/1995 s. 30(1)(a)(b), substituted by No. 103/2003 s. 37. 30 Application for a scientific procedures licence (1) A person who is the occupier of a scientific premises may apply to the Department Head for the grant of a scientific procedures premises 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 must give the Department Head any further information relating to the application that the Department Head requests. S. 31 repealed by No. 65/1994 s. 4, new s. 31 inserted by No. 103/2003 s. 37. 31 Duration of scientific procedures premises licences (1) A scientific procedures premises licence remains in force for the period that is specified in the licence, which must not be more than 3 years from the issue or renewal of the licence. (2) A scientific procedures premises licence expires on 30 June in the year that it ceases to have force. S. 32 amended by Nos 65/1994 s. 5(4), 77/1995 s. 30(2), substituted by No. 103/2003 s. 37. 32 Conditions on scientific procedures premises licences (1) A scientific procedures premises licence is subject to any conditions— (a) that are prescribed; and (b) that the Department Head imposes on the licence.
35 Authorized officers s. 35 (1) The Minister may in writing appoint any person whom the Minister considers to have appropriate qualifications to be an authorized officer for the purposes of this Part generally or for any specific purpose under this Part specified in the instrument of appointment. (2) The appointment of an authorized officer remains in force for a period— (a) specified in the instrument of appointment; and (b) of not more than three years expiring on 30 June in the year that it ceases to have force. (3) The Minister may cancel the appointment of an authorized officer. (4) The Minister must issue every authorized officer with an identification certificate in the prescribed form. (5) When on duty an authorized officer must on demand produce that certificate. (6) A person who impersonates an authorized officer named in an identification certificate or falsely pretends to be an authorized officer is guilty of an offence. 10 penalty units. (7) Subject to the purposes specified in the instrument of appointment of an authorized officer, the officer has the following powers: (a) Power to enter with such assistance as is required—
S. 35(7)(a)(i) amended by No. 103/2003 s. 40(a). (i) any premises in respect of which a licence has been issued under this Part at any reasonable time to inspect the animals, facilities and premises at the establishment; or (ii) any premises if the officer suspects on reasonable grounds that the premises are used for the carrying out of any scientific procedure or for the breeding of specified animals; s. 35 (b) Power to issue an order in the prescribed form requiring— (i) the destruction or treatment of any animal found on the premises under paragraph (a) and in the case of a requirement for destruction, giving reasons for that requirement; or (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.
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 anaesthetic so as to be insensible to any pain it might otherwise have suffered; and (b) the operation is carried out in accordance with any relevant Code of Practice— 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(3) amended by Nos 77/1995 s. 30(3), 65/2007 s. 103(3). (3) If an animal has been so injured in the course of a scientific procedure that it would seriously suffer if it remained alive, a person who fails to destroy the animal painlessly 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. 37 repealed by No. 65/2007 s. 104. * * * * * __________________ Pt 3A (Heading and ss 37A–37H) inserted by No. 103/2003 s. 42. S. 37A inserted by No. 103/2003 s. 42. 37A Power to serve a notice s. 37A
for the purposes of enabling the inspector 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 s. 42 (1) The Governor in Council may make regulations for or with respect to any of the following matters— S. 42(1)(a) amended by No. 77/1995 s. 34(a). (a) prescribing forms (including the form of an identification certificate of an inspector or specialist inspector (as defined in section 8) or an authorized officer (as defined in section 25) and the form of orders to be issued by authorized officers requiring the destruction, treatment, housing or feeding of any animal) and fees; 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;