Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001

- As at 26 April 2024 
- Act 64 of 2001 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement

   PART 2 - PURPOSES AND APPLICATION OF ACT

           Division 1 - Purposes

   3.      Purposes of Act
   4.      How purposes are to be primarily achieved

           Division 2 - Application

   5.      Act binds all persons
   6.      Application of Act to State for protected or wild animals
   6A.     Relationship with Nature Conservation Act 1992
   7.      Relationship with certain other Acts
   8.      Relationship with native title
   9.      Act does not affect other rights or remedies

   PART 3 - INTERPRETATION

           Division 1 - Dictionary

   10.     Definitions

           Division 2 - Key definitions

   11.     What is an animal
   12.     Meaning of a person in charge of an animal

CHAPTER 2 - CODES OF PRACTICE

   13.     Making codes of practice
   14.     Tabling and inspection of documents adopted in codes of practice
   15.     Regulation may require compliance with code of practice
   16.     Use of code of practice in proceeding

CHAPTER 3 - GENERAL ANIMAL OFFENCES

   PART 1 - BREACH OF DUTY OF CARE

   17.     Breach of duty of care prohibited

   PART 2 - CRUELTY OFFENCES

   18.     Animal cruelty prohibited
   19.     Unreasonable abandonment or release

   PART 3 - PROHIBITED EVENTS

           Division 1 - Preliminary

   20.     Meaning of prohibited event

           Division 2 - Prohibitions

   21.     Participation in prohibited event
   22.     Presence at prohibited event

   PART 4 - REGULATED PROCEDURES

           Division 1 - Regulated procedures for dogs

   23.     Cropping dog’s ear
   24.     Docking dog’s tail
   25.     Debarking operations

           Division 2 - Regulated procedures for other animals

   26.     Removal of cat’s claw
   27.     Docking tail of cattle or horse
   27A.    Spaying cattle
   27B.    Testing for pregnancy in cattle

           Division 3 - Restriction on supplying animals that have undergone a regulated procedure

   28.     Restriction on supplying debarked dog
   29.     Other restrictions
   29A.    Restriction for person supplied animal that has undergone regulated procedure

   PART 5 - OTHER PROHIBITED AND REGULATED CONDUCT

           Division 1 - Other offences relating to dogs

   30.     Causing captive animal to be injured or killed by dog
   31.     Releasing animal for injury or killing by dog
   32.     Keeping or using kill or lure for blooding or coursing
   33.     Transporting dogs

           Division 2 - Possession or use of certain traps or spurs

   34.     Possession of prohibited trap or spur unlawful
   35.     Use of prohibited trap or spur unlawful

           Division 3 - Baits or harmful substances

   36.     Prohibitions

           Division 4 - Allowing animal to injure or kill another animal

   37.     Unlawfully allowing an animal to injure or kill another animal

           Division 5 - Possession or use of prohibited devices

   37A.    Possession or use of prohibited devices

           Division 6 - Possession or use of prohibited nets

   37B.    Possession or use of prohibited nets

           Division 7 - Firing or blistering

   37C.    Firing or blistering on horses and dogs

   PART 6 - EXEMPTIONS

           Division 1 - Preliminary

   38.     Operation of pt 6

           Division 2 - Compliance with relevant code

   39.     Offences excluded from div 2
   40.     Compliance with relevant code of practice or scientific use code

           Division 3 - Other offence exemptions

   41.     Limits on application of offence exemptions under div 3
   41A.    Killing an animal under Aboriginal tradition, Island custom or native title
   41B.    Euthanasing sick or injured animals by veterinary surgeons
   42.     Feral or pest animals
   43.     Animals used to feed another animal
   44.     Fishing using certain live bait
   45.     Slaughter under religious faith
   46.     Use of fishing apparatus under shark fishing contract
   47.     Supplying animal

CHAPTER 4 - USING ANIMALS FOR SCIENTIFIC PURPOSES

   PART 1 - PRELIMINARY

   48.     When an animal is used for scientific purposes
   49.     What is the scientific use code
   50.     Definitions for ch 4

   PART 2 - REGISTRATION OF SCIENTIFIC USERS

           Division 1 - Who must obtain registration

   51.     Requirement for registration

           Division 2 - Obtaining registration

              Subdivision 1 - Registration applications

   52.     Applying for registration
   53.     Chief executive may seek further documents or information

              Subdivision 2 - Deciding registration application

   54.     Deciding application
   55.     Criteria for decision
   56.     Registration conditions

              Subdivision 3 - Action after decision on registration application

   57.     Grant of registration application
   58.     Term of registration
   59.     Notice of refusal of registration application

           Division 3 - Register of scientific users

              Subdivision 1 - The register

   60.     Register
   61.     Registration details
   62.     Inspection of register
   63.     False representations about registration

              Subdivision 2 - Exemption from disclosure of registration details

   64.     Who may apply
   65.     Requirements for application
   66.     Deciding application
   67.     Criteria for decision
   68.     Exemption may be limited
   69.     Notice of refusal of disclosure exemption application
   70.     Effects of disclosure exemption

           Division 4 - Amendment, cancellation or suspension

              Subdivision 1 - Amendment of registration details

   71.     Amendments for which proposed action notice not required
   72.     Amendments for which proposed action notice is required

              Subdivision 2 - Cancellation or suspension of registration

   73.     Conditions for cancellation or suspension

              Subdivision 3 - Procedure for amendment, cancellation or suspension

   74.     Application of sdiv 3
   75.     Notice of proposed action
   76.     Considering representations
   77.     Decision on proposed action
   78.     Notice and taking of effect of proposed action decision

              Subdivision 4 - Steps after amendment or suspension

   79.     Replacement of registration certificate
   80.     Requirement to record suspension

           Division 5 - Investigation of applicants and registered persons

   81.     Application of div 5
   82.     Animal welfare offence reports
   83.     Use of information in animal welfare offence report
   84.     Notice of use of information in animal welfare offence report
   85.     (Repealed)
   86.     Destruction of animal welfare offence reports

           Division 6 - Miscellaneous provisions

   87.     Reporting obligations of registered persons
   87A.    Notification of change in circumstances
   88.     Replacement registration certificates
   89.     No transfer of registration
   90.     Surrender of registration

   PART 3 - RESTRICTIONS ON SCIENTIFIC USERS

   91.     Use for scientific purposes must comply with code
   92.     Use for certain scientific purposes unlawful
   93.     Obtaining approval to use for unlawful scientific purpose

CHAPTER 4A - APPROVED CATTLE PROCEDURES ACCREDITATION SCHEMES

           Division 1 - Preliminary

   93A.    Definitions for chapter
   93B.    What is a cattle procedures accreditation scheme
   93C.    Purpose of cattle procedures accreditation scheme

           Division 2 - Approval of cattle procedures accreditation schemes

   93D.    Applying for approval
   93E.    Criteria for approval
   93F.    Request for further information
   93G.    Deciding application

           Division 3 - Amendment of approval

   93H.    Applying for amendment of approval
   93I.    Request for further information
   93J.    Deciding amendment application
   93K.    Amendment of approval by chief executive

           Division 4 - Cancellation or suspension of approval

   93L.    Purpose of division
   93M.    Grounds for suspending or cancelling approval
   93N.    Notice of proposed action
   93O.    Considering representations
   93P.    Decision on proposed action
   93Q.    Notice and effect of decision

           Division 5 - Register

   93R.    Register

CHAPTER 4B - OBLIGATIONS RELATING TO LIVESTOCK SLAUGHTER FACILITIES

   PART 1 - PRELIMINARY

   93S.    Definitions for chapter

   PART 2 - CLOSED-CIRCUIT TELEVISION EQUIPMENT FOR LIVESTOCK SLAUGHTER FACILITIES

   93T.    Closed-circuit television equipment
   93U.    Requirements for closed-circuit television equipment
   93V.    Signs to be displayed at livestock slaughter facilities
   93W.    Inspecting recordings
   93X.    Operating closed-circuit television equipment
   93Y.    Use of recordings

   PART 3 - REQUIREMENT TO NOTIFY CHIEF EXECUTIVE

   93Z.    Owner of livestock slaughter facility must notify chief executive of particular matters

CHAPTER 5 - CODE COMPLIANCE MONITORING

   PART 1 - PRELIMINARY

   94.     Purposes of ch 5

   PART 2 - MONITORING PROGRAMS

   95.     Chief executive may make monitoring program
   96.     Publication of draft monitoring program
   97.     Comments to be considered before final program made
   98.     Final monitoring program

   PART 3 - AUTHORISED OFFICERS

           Division 1 - Appointment

   99.     Appointment and qualifications
   100.    Functions
   101.    Appointment conditions and limit on powers
   102.    When authorised officer ceases to hold office
   103.    Resignation

           Division 2 - Identity cards

   104.    Issue of identity card
   105.    Production or display of identity card
   106.    Return of identity card

   PART 4 - POWERS OF AUTHORISED OFFICERS

           Division 1 - General

   107.    General provisions about powers

           Division 2 - Entry powers

              Subdivision 1 - Entry to places other than vehicles

   108.    Power of entry
   109.    Procedure for entry with consent
   110.    Procedure for other entries

              Subdivision 2 - Entry to vehicles

   111.    Power of entry
   112.    Procedure for entry without consent if person in control or occupier present

           Division 3 - Other powers

   113.    Certain inspectors’ powers apply for entry

CHAPTER 6 - INVESTIGATION AND ENFORCEMENT

   PART 1 - INSPECTORS

           Division 1 - Appointment

   114.    Appointment and qualifications
   115.    Functions
   116.    Appointment conditions and limit on powers
   117.    When inspector ceases to hold office
   118.    Resignation

           Division 1A - Cancellation or suspension of appointment

   118A.   Grounds for suspending or cancelling appointment
   118B.   Notice of proposed action
   118C.   Considering representations
   118D.   Decision on proposed action
   118E.   Notice and effect of proposed action decision

           Division 2 - Identity cards

   119.    Issue of identity card
   120.    Production or display of identity card
   121.    Return of identity card

           Division 3 - Training and reporting obligations

   121A.   Training
   121B.   Conflicts of interest

   PART 2 - POWERS OF INSPECTORS

           Division 1 - Entry to places other than vehicles

              Subdivision 1 - Entry powers

   122.    Power of entry
   123.    Limited entry power to provide relief to animal

              Subdivision 2 - Procedure for entry without warrant

   124.    Procedure for entry with consent
   125.    Procedure for other entries without warrant

              Subdivision 3 - Warrants

   126.    Application for warrant
   127.    Issue of warrant
   128.    Special warrants
   129.    Warrants—procedure for entry

           Division 2 - Entry to vehicles

              Subdivision 1 - Power to enter vehicles

   130.    Power of entry
   131.    Procedure for entry without consent if person in control or occupier present

              Subdivision 2 - Powers to support entry

   132.    Power to stop vehicle that may be entered
   133.    Failure to comply with stop signal
   134.    Power to require help to enter from person in control
   135.    Failure to comply with entry requirement

           Division 3 - Powers for entry to all places

   136.    Application of div 3
   137.    General powers
   138.    Power to require reasonable help
   139.    Failure to comply with help requirement
   140.    Power to require person in control of vehicle to take action
   141.    Failure to comply with action requirement

           Division 4 - Seizure and forfeiture

              Subdivision 1 - Powers of seizure

   142.    General power to seize evidence
   143.    Seizing evidence under warrant
   144.    Seizure for welfare of animal
   145.    Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   146.    Direction to person in charge
   147.    Failure to comply with seizure direction
   148.    Powers for seized things
   149.    Offence to tamper with seized thing

              Subdivision 3 - Safeguards for seized property

   150.    Information notice and receipt for seized property
   151.    Access to seized property
   152.    Return of seized animal
   153.    Return of other seized property

              Subdivision 4 - Forfeiture

   154.    Power to forfeit
   155.    Information notice about forfeiture

              Subdivision 5 - Dealing with property forfeited or transferred to State or prescribed entity

   156.    When transfer takes effect
   157.    How property may be dealt with

           Division 5 - Animal welfare directions

   158.    Application of div 5
   159.    Power to give animal welfare direction
   160.    Requirements for giving animal welfare direction
   161.    Failure to comply with animal welfare direction

           Division 6 - Inspector’s power to destroy animals

   162.    Power of destruction

           Division 7 - Other powers

   163.    Power to require name and address
   164.    Failure to comply with personal details requirement
   165.    Power to require information
   166.    Failure to comply with information requirement
   167.    False or misleading statements
   168.    Power to require production of documents
   169.    Failure to comply with document production requirement
   170.    False or misleading documents

   PART 3 - NOTICE OF DAMAGE BECAUSE OF EXERCISE OF POWERS

   171.    Application of pt 3
   172.    Requirement to give notice
   173.    Content of notice

CHAPTER 6A - RECOGNISING OFFENCES UNDER INTERSTATE LAWS

   PART 1 - PRELIMINARY

   173A.   Definitions for chapter

   PART 2 - DIRECTIONS

   173B.   Power to give directions
   173C.   Criteria for making direction
   173D.   Compliance with direction

   PART 3 - AMENDMENT OR REVOCATION OF DIRECTIONS

   173E.   Applying for amendment or revocation of a direction
   173F.   Deciding application

CHAPTER 7 - EVIDENCE AND LEGAL PROCEEDINGS

   PART 1 - EVIDENCE

           Division 1 - General evidentiary aids

   174.    Application of div 1
   175.    Appointments and authority
   176.    Signatures
   177.    Other evidentiary aids

           Division 2 - Offence proceedings

   178.    Offences under Act are summary
   179.    Statement of complainant’s knowledge
   180.    False or misleading statements
   181.    Conduct of representatives
   181A.   Interim prohibition order

   PART 2 - ORDERS RELATING TO ANIMAL WELFARE OFFENCES

   182.    Disposal order
   183.    Prohibition order
   184.    Order against owner in certain cases
   185.    Criteria for making disposal or prohibition order
   186.    Procedure and powers for making disposal or prohibition order
   187.    Contravention of prohibition order unlawful
   187A.   Amendment or revocation of interim prohibition order
   188.    Review of certain prohibition orders

   PART 3 - REMEDIES

   189.    Recovery of seizure, compliance or destruction costs
   190.    Compensation because of animal welfare offence
   191.    Compensation because of exercise of powers
   192.    General provisions for orders under pt 3

   PART 4 - REVIEWS AND APPEALS

           Division 1 - Internal reviews

   193.    Internal review process
   194.    Who may apply for internal review
   195.    Requirements for making application
   196.    Stay of operation of original decision
   197.    Internal review
   198.    Notice of internal review decision

           Division 1A - External reviews by QCAT

   198A.   Who may apply for external review

           Division 2 - Appeals

   199.    Who may appeal
   200.    Starting appeal
   201.    Stay of operation of internal review decision
   202.    Hearing procedures
   203.    Court’s powers on appeal—general
   204.    Particular powers about seizure or forfeiture
   205.    Appeal to District Court

CHAPTER 8 - GENERAL PROVISIONS

   PART 1 - OTHER OFFENCES

   206.    Obstruction of authorised officer or inspector
   207.    Impersonation of authorised officer or inspector
   208.    False or misleading entry in document kept under Act
   209.    (Repealed)
   209A.   (Repealed)
   210.    Attempts to commit offences

   PART 2 - MISCELLANEOUS PROVISIONS

   211.    Minister may establish advisory bodies
   212.    Delegations
   213.    Electronic applications
   214.    Electronic notices about applications
   214A.   Transferring ownership of animal in particular circumstances
   214B.   Confidentiality of information
   215.    Protection from liability
   215A.   Protection from liability for giving information
   215AA.  Protection from liability for euthanasing sick or injured animals
   215B.   Sharing of information by authorised officer or inspector
   215C.   Interaction with other laws about giving information
   215D.   Chief executive (transport) must disclose information
   215DA.  Disclosure requirement
   215E.   Use of body-worn camera by authorised officer or inspector
   216.    Approved forms
   217.    Regulation-making power

   PART 3 - (Expired)

CHAPTER 9 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISION FOR PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2006

   218.    Reporting obligation of registered person

   PART 2 - TRANSITIONAL PROVISIONS FOR AGRICULTURE AND FISHERIES AND OTHER LEGISLATION AMENDMENT ACT 2024

   219.    Definitions for part
   220.    Existing proceedings—state of mind
   221.    Proceedings for particular offences—liability of executive officer
   222.    (Expired)
   223.    (Expired)
   224.    (Expired)
           SCHEDULE - Dictionary