S. 7(4) repealed by No. 60/2012 s. 32(1). * * * * * (5) A Code of Practice or a variation or revocation of a Code of Practice takes effect on the date of its publication in the Government Gazette or such later date as is specified in the Code, variation or revocation. S. 7(5A) inserted by No. 60/2012 s. 32(2). (5A) The power to make, vary or revoke a Code of Practice under subsection (1) is subject to the Code of Practice or the variation or revocation of a Code of Practice being disallowed by either House of the Parliament. (6) If any Code of Practice applies, adopts or incorporates matter under subsection (2) or a variation of a Code of Practice varies a Code so as to apply, adopt or incorporate such matter in the Code— (a) that Code or variation must specify a place at which copies of that matter may be obtained; and (b) the Minister must lay or cause to be laid a copy of that matter before the Legislative Council and the Legislative Assembly as soon as is practicable after the Code or variation is published in the Government Gazette. _______________ Division 1—Cruelty
S. 8 amended by No. 103/2003 s. 34 (ILA s. 39B(1)). 8 Definitions (1) In this Part— baiting means encouraging an animal to fight another animal; S. 8(1) def. of inspector repealed by No. 65/2007 s. 79(2). * * * * * S. 8(1) def. of permit amended by No. 69/2004 s. 49(1), repealed by No. 65/2007 s. 79(2). * * * * * rodeo means an event which includes any exhibition of or competition in rough-riding, animal dogging, roping or tying; S. 8(1) def. of rodeo school substituted by No. 65/2007 s. 79(1). rodeo school means the activity of training or schooling persons in buck-jumping, animal dogging, roping or tying; S. 8(1) def. of specialist inspector inserted by No. 77/1995 s. 6, repealed by No. 65/2007 s. 79(2). * * * * * trap-shooting means shooting at a bird—
(a) which is released or projected from a box, trap, cage or other contrivance used for holding the bird; or (b) which is released or projected after being held in captivity whether held by mechanical means or by hand. S. 8(2) inserted by No. 103/2003 s. 34, repealed by No. 65/2007 s. 79(3). * * * * * S. 9 amended by No. 77/1995 s. 7(1)(a)(f). 9 Cruelty S. 9(1) amended by Nos. 65/2007 s. 80(b)(c), 75/2011 s. 25. (1) A person who— (a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, worries, torments or terrifies an animal; or S. 9(1)(b) amended by No. 77/1995 s. 7(1)(b), substituted by No. 76/2005 s. 27(a). (b) loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or suffering to the animal; or S. 9(1)(c) substituted by No. 76/2005 s. 27(b). (c) does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal; or S. 9(1)(d) amended by No. 77/1995 s. 7(1)(c). (d) drives, conveys, carries or packs an animal in a manner or position or in circumstances which subjects or subject, or is likely to subject, it to unnecessary pain or suffering; or S. 9(1)(e) substituted by No. 76/2005 s. 27(c). (e) works, rides, drives or uses an animal when it is unfit for the purpose with the result that
served, left or sent in accordance with section 24U. S. 24W inserted by No. 65/2007 s. 95. 24W Power to dispose of animal at risk not claimed by owner or person in charge (1) If an animal has been seized from premises, and the welfare of the animal is reasonably believed to be at risk, and if within 14 days of— (a) a notice being served on the owner or person in charge of the animal under section 24U(1) and 24U(2); or (b) a notice being— (i) left at the premises or sent to the premises under section 24U(3) and 24U(4); or (ii) sent by post to the last known address of the owner or person in charge of the animal under section 24U(3) and 24U(4) (where the address is known)— whichever is the later— the owner or person in charge of the animal has not contacted the inspector identified in the notice, the animal may be disposed of in accordance with this Division. (2) If an animal has been seized in a public place, and the welfare of the animal is reasonably believed to be at risk, and— (a) a notice has been served on the owner of the animal under section 24U(1) and 24U(2) and neither the owner nor person in charge of the animal has contacted the inspector identified in the notice, within 7 days of service of the notice, the animal may be disposed of in accordance with this Division; or
an authorised officer in the discharge of his or her powers, duties or functions under this Part. Penalty: 60 penalty units. S. 35A(2) amended by No. 71/2014 s. 7(3). (2) For the purposes of subsection (1), a reasonable excuse includes the failure of the authorised officer to inform the person of the existence of the offence before the authorised officer attempted to exercise the power or carry out the duty or function under this Part. S. 35A(3) amended by No. 71/2014 s. 7(3). (3) A person must not, without reasonable excuse, refuse admission to an authorised officer exercising a power of entry or a person assisting an authorised officer in exercising a power of entry under this Part. Penalty: 60 penalty units. S. 35A(4) amended by No. 71/2014 s. 7(4). (4) A person must not, without reasonable excuse, contravene or fail to comply with any direction or requirement of an authorised officer who is acting in the discharge of his or her powers under this Part. Penalty: 60 penalty units. 36 Offences S. 36(1) amended by Nos 77/1995 s. 30(3), 103/2003 s. 41, 65/2007 s. 103(1), 60/2012 s. 45. (1) A person who does or omits to do any act with the result that unreasonable 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.
person is to be construed as a reference to each member of the partnership or of the committee of management of the unincorporated body (as the case may be). S. 41(6) amended by No. 57/1989 s. 3(Sch. item 161.4(a)(b)), repealed by No. 65/2007 s. 106. * * * * * S. 41AA inserted by No. 65/2007 s. 107. 41AA Offences by bodies corporate (1) If a body corporate contravenes any provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if the officer knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act. S. 41AB inserted by No. 65/2007 s. 107. 41AB Conduct by officers, employees or agents (1) If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or (b) that the conduct was engaged in by an agent of the body corporate and—
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 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation