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ANIMAL CARE AND PROTECTION ACT 2001 - SCHEDULE

SCHEDULE Dictionary


"abandon" , an animal, includes leaving it for an unreasonable period.

"action requirement" see section 140 (2) .

"animal" see section 11 .

"animal ethics committee" , for chapter 4 , see section 50 .

"animal shelter" means a premises maintained for the purpose of providing shelter to, or finding a home for, stray, abandoned or unwanted animals.

"animal welfare direction" means an animal welfare direction under—

(a) section 159 ; or
(b) the Police Powers and Responsibilities Act 2000 .

"animal welfare offence" means an offence against—
(a) this Act, other than chapter 6 , part 2 , divisions 2 , 3 , 4 and 7 and sections 206 , 207 , 208 and 210 ; or
(b) the Criminal Code , section 242 or 468 ; or
(c) the Racing Integrity Act 2016 , section 195 .

"animal welfare offence report" , for chapter 4 , part 2 , division 5 , see section 82 (1) .

"approval" , for a cattle procedures accreditation scheme, for chapter 4A , see section 93A .

"approved cattle procedures accreditation scheme" see section 93A .

"approved form" means a form approved by the chief executive under section 216 .

"at" , a place, includes in or on the place.

"authorised officer" means a person who holds appointment as an authorised officer under this Act.

"cattle procedures accreditation scheme" , for chapter 4A , see section 93B .

"code of practice" means a code of practice made under section 13 (1) .

"compulsory code requirement" see section 15 (2) .

"confine" an animal includes doing any of the following to it—
(a) caging or keeping it in captivity in some other way;
(b) maiming, mutilating or pinioning it or subjecting it to a device to hinder or prevent its free movement;
(c) tethering it.

"conviction" means—
(a) generally—a finding of guilt, or the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded; and
(b) for chapter 4 —see also section 50 .

"custody" , of an animal, includes care and control of the animal.

"debarking operation" see section 25 (1) .

"destroy" an animal includes disposing of it after it has been killed.

"disclosure exemption" see section 64 (1) .

"disposal order" see section 182 (1) .

"disqualifying event" , for chapter 4 , see section 50 .

"document production requirement" see section 168 (1) .

"duty of care" , for a person in charge of an animal, means the duty imposed on the person under section 17 (1) .

"enter" includes—
(a) generally for a place—re-enter the place; and
(b) also for a vehicle—board or re-board the vehicle.

"entry requirement" see section 134 (1) .

"event" includes competition, display and race.

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive officer.

"exercise a power" , under this Act, includes exercise a power under an order, warrant or another authority issued under this Act.

"external review" , for a decision, means a review of the decision by QCAT under the QCAT Act .

"help requirement" see section 138 (1) .

"identity card" of—
(a) an authorised officer—means the identity card given to the officer under section 104 (1) ; or
(b) an inspector—means the identity card given to the inspector under section 119 (1) .

"in" , a place, includes at or on the place.

"information notice" , for a decision of the chief executive or an authorised officer or inspector, means a notice stating the following—
(a) the decision;
(b) the reasons for it;
(c) that the person to whom the notice is given may apply to the chief executive for an internal review of the decision within 14 days after the person receives the notice;
(d) how to apply for an internal review.

"information requirement" see section 165 (2) .

"inspector" means a person who holds appointment as an inspector under this Act.

"interested person" , for an original decision, means—
(a) a person who has been given, or is entitled to be given, an information notice; and
(b) if the decision relates to an animal—the person in charge of the animal.

"interim prohibition order" see section 181A (2) .

"internal review application" see section 194 .

"internal review decision" see section 197 (1) (b) .

"interstate law" see section 173A .

"interstate prohibition decision" see section 173A .

"justice of the peace (qualified)" means a justice of the peace (qualified) under the Justices of the Peace and Commissioners for Declarations Act 1991 .

"livestock" , for chapter 4B , see section 93S .

"livestock slaughter facility" , for chapter 4B , see section 93S .

"monitoring program" see section 95 (1) .

"notice" means a written notice.

"offence exemption" , for chapter 3 , part 6 , see section 38 (1) .

"offence warning" , for a direction or requirement under this Act, means a warning that, without reasonable excuse, it is an offence for the person to whom the direction or requirement is given, or of whom it is made, not to comply with it.

"original decision" means the decision to do any of the following—
(a) refuse a registration application;
(b) impose a registration condition;
(c) refuse a disclosure exemption application;
(d) grant a disclosure exemption application for only part of the registration details the subject of the application;
(e) amend registration details;
(f) cancel or suspend registration;
(g) refuse an application under section 93 ;
(h) seize, under this Act or a warrant, an animal or other thing, unless the seizure was in a circumstance mentioned in section 150 (1) (a) to (c) ;
(i) forfeit, under section 154 (2) , an animal or other thing;
(j) give an animal welfare direction;
(k) refuse an application under section 93G (1) (b) or 93J (1) (b) ;
(l) grant an application on conditions under section 93G (1) (c) ;
(m) amend an approval under section 93K (1) ;
(n) cancel or suspend an approval under section 93P ;
(o) cancel or suspend an inspector’s appointment under section 118D ;
(p) make a direction under section 173B (2) ;
(q) refuse an application to amend or revoke a direction under section 173F (1) (b) .

"owner"
(a) for a thing that has been seized under this Act, includes a person who would be entitled to possession of the thing had it not been seized; and
(b) for a cattle procedures accreditation scheme, for chapter 4A , see section 93A .

"pain" includes distress and mental or physical suffering.

"personal details requirement" see section 163 (4) .

"person in charge" , of an animal, see section 12 .

"person in control" , of a vehicle, includes—
(a) the vehicle’s driver or rider; and
(b) anyone who reasonably appears to be, claims to be or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle.

"place" includes the following—
(a) premises;
(b) vacant land;
(c) a vehicle;
(d) a place in Queensland waters;
(e) a place held under 2 or more titles or owners;
(f) the land or water where a building or structure, or a group of buildings or structures, is situated.

"possession" includes control and custody.

"pound" means a premises maintained for the purpose of impounding animals.

"premises" includes the following—
(a) a building or structure, or part of a building or structure, of any type;
(b) a group of buildings or structures, or part of a group of buildings or structures, of any type;
(c) a caravan or vehicle;
(d) a cave or tent;
(e) premises held under 2 or more titles or owners.

"prescribed entity" means—
(a) the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited; or
(b) another entity prescribed under a regulation whose objects include animal welfare or the provision of facilities to care for animals.

"prescribed procedure" for chapter 4A , see section 93A .

"prohibited event" see section 20 .

"prohibited trap or spur" see section 34 (1) .

"prohibition order" see section 183 (1) .

"proposed action" , for chapter 4 , part 2 , division 4 , see section 75 (1) (a) .

"public place" means—
(a) a place, or part of the place—
(i) the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under subparagraph (i)—
1 a beach
2 a park
3 a road
(ii) the occupier of which allows, whether or not on payment of money, members of the public to enter; or
Examples of a place that may be a public place under subparagraph (ii)—
1 a saleyard
2 a showground
(b) a place that is a public place under another Act.
Note—
See, for example, the Police Powers and Responsibilities Act 2000 , schedule 6 , definition public place .

"QCAT information notice" means a notice complying with the QCAT Act , section 157 (2) .

"reasonable" means reasonable in the circumstances.

"reasonably believes" means to believe on grounds that are reasonable in the circumstances.

"reasonably suspects" means to suspect on grounds that are reasonable in the circumstances.

"register" , when used as a noun, means—
(a) the register of scientific users kept under section 60 ; or
(b) the register of approved cattle procedures accreditation schemes kept under section 93R .

"registered" means—
(a) for a person—registration under chapter 4 , part 2 , that has not been cancelled or suspended; or
(b) for registration details—included in the register.

"registered operator" , of a vehicle, means—
(a) if it is registered in Queensland—the person in whose name the vehicle is registered under the Transport Operations (Road Use Management) Act 1995 ; or
(b) if it is registered in another State—the person in whose name the vehicle is registered under the Act of the State that corresponds to the Transport Operations (Road Use Management) Act 1995 .

"registration application" see section 52 .

"registration conditions" see section 56 .

"registration decision" , for chapter 4 , part 2 , division 5 , see section 81 .

"registration details" see section 61 (3) .

"regulated procedure" see section 29 (6) .

"release" includes cause or permit to be released.

"relevant code provisions" , for a draft monitoring program, see section 96 (1) .

"review application" ...

"review decision" ...

"scientific purposes" see section 48 .

"scientific use code" see section 49 .

"seize" includes keep.

"seizure direction" see section 146 (1) .

"slaughter" , an animal, includes preparing it for slaughter.

"stop signal" see section 132 (1) .

"supply" includes the following—
(a) give or sell;
(b) possess for supply;
(c) offer or agree to give, sell or otherwise supply;
(d) cause or permit to be given, sold or otherwise supplied.

"transport" includes—
(a) contain and load, or cause or permit to be contained or loaded, for transport; and
(b) cause or permit to be transported.

"trap" includes net.

"use" includes—
(a) generally—cause or permit to be used; and
(b) for an animal
(i) acquiring, breeding with, caring for, disposing of or identifying the animal; and
(ii) drive, load, ride, transport and work; and
(iii) accommodating or providing other living conditions for the animal; and
(c) for premises—keep, manage and occupy; and
(d) for a trap—set.

"vehicle" includes an aircraft, boat, trailer, train and tram.

"veterinary surgeon" means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936 .

"veterinary treatment" , of an animal, means—
(a) consulting with a veterinary surgeon about the animal’s condition; or
(b) a medical or surgical procedure performed on the animal by a veterinary surgeon;
(c) a medical procedure of a curative or preventive nature performed on the animal by someone other than a veterinary surgeon if the procedure is performed under a veterinary surgeon’s directions.

"welfare" , of an animal, means issues about the health, safety or wellbeing of the animal.



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