Animal Welfare Act 1993 (Tas)

Animal Welfare Act 1993 An Act to prevent neglect of, and cruelty to, animals, to ensure the welfare of animals, to repeal the Cruelty to Animals Prevention Act 1925 and for related purposes [Royal Assent 27 October 1993] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Animal Welfare Act 1993 . 2. Commencement (1) This Act, except Part 4 , commences on the day on which it receives the Royal Assent. (2) Part 4 commences on a day to be proclaimed. 3. Interpretation In this Act – Advisory Committee means the Animal Welfare Advisory Committee established under section 39 ; animal means – (a) any live vertebrate animal other than a human being; or (b) any other creature prescribed for the purposes of any or all of the provisions of this Act; Animal Experimentation Ethics Committee means a committee referred to in section 30 ; animal research means a procedure, test, experiment, inquiry or study on an animal which – (a) is undertaken to develop, demonstrate or acquire knowledge, or techniques, in an area of science or teaching; and (b) is likely to have a significant adverse effect on the welfare of the animal; animal welfare guidelines means the guidelines on animal welfare approved by the Minister under section 44B ; animal welfare standards means the standards for the care and management of animals prescribed in the regulations under section 44A ; care or charge, in relation to an animal, has the meaning given by section 3A ; Code of Practice means a code of practice approved by the Minister under section 34 or the Rodeo Code of Practice; conveyance means any vehicle, vessel, aircraft or other contrivance intended to be, or being, used to carry animals, people or goods over land or water or in the air; dispose, in relation to an animal, includes, but is not limited to – (a) the sale or rehoming of the animal; and (b) euthanising the animal; function includes duty; inspector means a person – (a) appointed under section 36 ; or (b) carrying out the functions of an inspector under section 38 (3) ; licensed institution means an institution licensed under Part 4 ; officer means – (a) a police officer; or (b) a person appointed as an officer under section 13 ; premises includes a conveyance; regulations means regulations made under this Act; rodeo means a competition or public event that – (a) involves the use of cattle or horses, or both; and (b) may involve the use of other animals; and (c) involves the riding of bucking animals or the catching, wrestling, roping or tying of animals, or any combination of those activities; Rodeo Code of Practice means the Code of Practice prescribed for the purposes of section 11A(1)(a) ; Secretary means Secretary of the Department; snare means any noose, loop or similar instrument, implement or appliance, other than a lasso, which is capable of being used to catch any animal; society means – (a) the Royal Society for the Prevention of Cruelty to Animals established in the State; or (b) any society proclaimed to be a society for the purposes of this Act in accordance with section 49 ; veterinary surgeon means a person registered as a veterinary surgeon pursuant to Part IV of the Veterinary Surgeons Act 1987 . 3A. Care or charge of animals (1) For the purposes of this Act, a person is taken to have the care or charge of an animal if the person – (a) is the owner of the animal; or (b) has control, possession or custody of the animal; or (c) is the operator or manager of the premises where the animal is held for commercial purposes; or (d) is the owner, operator or manager of the land where the animal is being agisted, unless there is a written agreement to the contrary between the owner of the land and the owner of the animal; or (e) has a share, as a share farmer, in the business in which the animal is owned or farmed; or (f) is the chief executive officer or manager (by whatever title known), or a director, of a body corporate that owns the animal. (1A) For the purposes of subsection (1)(b) , an allegation contained in a complaint for an offence under this Act that states that a specified person had, or has, control, possession or custody of a specified animal is admissible as evidence in any legal proceedings as evidence of the matter stated. (2) One or more persons may have the care or charge of an animal. (3) For the purposes of proceedings for an offence against this Act – (a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; and (b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person. (4) For the purposes of subsection (3) , a reference to "conduct" or "acting" includes a reference to failure to act. 4. Non-application of Act (1) Sections 8 , 9 and 10 do not apply to practices used in the hunting of animals done in a usual and reasonable manner and without causing excess suffering unless the practices are prohibited by this or any other Act. (2) Sections 8 , 9 and 10 do not apply to practices used in – (a) recreational fishing; or (b) angling; or (c) commercial fishing – done in a usual and reasonable manner and without causing excess suffering unless the practices used are prohibited by this or any other Act. (3) Sections 8 and 9 do not apply to any animal research carried out in a licensed institution if that research is carried out – (a) with the approval of the Animal Experimentation Ethics Committee; and (b) in accordance with any procedures approved by the Animal Experimentation Ethics Committee; and (c) in accordance with a Code of Practice relating to animal research. (4) Section 10(1)(a) and section 10(3) do not apply to the feeding of an animal if the feeding is carried out in a reasonable manner, having regard to the natural behaviour of the animal. 5. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Welfare of animals 6. Duty of care to animals A person who has the care or charge of an animal has a duty to take all reasonable measures to ensure the welfare of the animal. 7. Management of animals A person who has the care or charge of an animal or group of animals must not use a method of management of the animal or group which is reasonably likely to result in unreasonable and unjustifiable pain or suffering to the animal or an animal in the group. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; or (b) a natural person, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both. 8. Cruelty to animals (1) A person must not do any act, or omit to do any duty, which causes or is likely to cause unreasonable and unjustifiable pain or suffering to an animal. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) Without limiting the generality of subsection (1) , a person is guilty of an offence under that subsection if the person – (a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, torments or terrifies an animal; or (b) overloads or overcrowds an animal; or (c) drives, conveys, carries or packs an animal in a manner or position or in circumstances that subjects or may subject it to unreasonable and unjustifiable pain or suffering; or (d) works, rides, drives or uses an animal when it is unfit for the purpose; or (e) has possession or custody of an animal that is confined, constrained or otherwise unable to provide for itself and fails to provide the animal with appropriate and sufficient food, drink, shelter or exercise; or (f) abandons an animal of a species usually kept in a state of confinement or for domestic purposes; or (g) has possession or custody of a sick or injured animal and fails to provide veterinary or other appropriate treatment for the animal; or (h) administers to or otherwise uses in respect of an animal an injurious drug or a toxic or noxious substance except for– (i) medical curative purposes; or (ii) scientific research purposes; or (iii) normal management procedures; or (iv) euthanasia; or (v) the purposes of controlling a disease specified in the Biosecurity Act 2019 as a disease to which this section applies; or (vi) the purposes of controlling a pest animal in accordance with the pest register; or (i) in the course of any sport or public performance or in the training for any sport or public performance, applies or exposes an electronic device to an animal; or (j) uses a spur, or other like appliance, with sharpened rowels on an animal; or (ja) uses a pronged collar, or a similar collar, on an animal; or (k) does any other prescribed act. (3) In this section – abandons, in relation to an animal, includes the relinquishing of the care or charge of the animal without ensuring that another person has, or will immediately take, care or charge of the animal; appropriate and sufficient means – (a) in relation to the provision of food to an animal, that food of sufficient quality is provided – (i) in sufficient quantity to meet the nutritional requirements of maintaining the animal in reasonable body condition and, if appropriate, allowing for growth and reproduction; and (ii) as often as appropriate for the digestive system and metabolism of the animal; or (b) in relation to the provision of drink, that fluids of sufficient quality are provided in sufficient quantity to keep the animal hydrated at all times; or (c) in relation to the provision of shelter, that shelter which affords protection for the animal from the adverse effects of weather conditions is provided; pest animal means an animal of a kind or class which is entered in the pest register; pest register means the pest register established and maintained under section 8A ; pronged collar means a collar, designed for use on animals, that consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the animal's neck so that, when the collar is tightened, it pinches the skin around the animal's neck. 8A. Pest register (1) The Minister is to establish and maintain a register of kinds or classes of animals which are pests. (2) The Minister, after consulting the Advisory Committee, may enter in, or remove from, the register – (a) the kind or class of an animal which is a pest; and (b) injurious drugs, toxic substances and noxious substances that may be administered or otherwise used to control such an animal of such a kind or class. (3) The register is to be in a form determined by the Minister. (4) The Minister may correct the register or an entry in the register without a recommendation from the Advisory Committee. 9. Aggravated cruelty (1) A person must not do any act, or omit to do any duty, referred to in section 8 , if the person knows that, or is reckless as to whether, the act or omission will, or is reasonably likely to, result in – (a) the death, deformity or serious disablement of an animal; or (b) harm to an animal that endangers the life of the animal; or (c) an injury to an animal that, either alone or in combination with the health of the animal at the time of the injury, results in a significant and longstanding injury to the animal. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; or (b) a natural person, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 60 months, or both. (2) It is not a defence in proceedings for an offence under this section if an animal is euthanised before – (a) the animal dies as a result of an act or omission referred to in subsection (1) ; or (b) the full extent of the deformity, disablement, harm or injury to the animal as a result of that act or omission is known. (3) If a person is charged with, but not found guilty of, an offence under this section, the person may be convicted of an offence under section 8 if the evidence in the proceedings on the charge under section 9 establishes that the person committed an offence under section 8 . 10. Baiting and shooting (1) A person must not keep or use an animal or allow an animal in the person's care or charge to be used – (a) to fight, bait, worry, kill or injure another animal or to be baited, killed, worried or injured by another animal; or (b) for the purpose of an activity in which the animal is released from captivity for the purpose of being shot, killed, worried or injured. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; or (b) a natural person, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) A person must not promote or take part in an activity in which an animal is released from captivity for the purpose of being shot, killed, worried or injured. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; or (b) a natural person, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 12 months, or both. (3) A person must not keep, use or assist in the management of premises where animals fight, bait, worry, kill or injure other animals. Penalty: In the case of – (a) a body corporate, a fine not exceeding 1 000 penalty units; or (b) a natural person, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 12 months, or both. 11. Use of animals to train other animals (1) A person must not – (a) keep; or (b) sell or supply; or (c) offer for sale or supply; or (d) keep for the purpose of sale or supply – an animal that is intended to be used for the purpose of training another animal if the animal to be used for that purpose is likely to suffer unreasonable and unjustifiable pain or suffering. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) A person must not keep on premises at which greyhounds are being kept any animal which is intended to be used as bait for the training of greyhounds. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both. 11A. Rodeos (1) A person responsible for the organisation and conduct of a rodeo must ensure that it is conducted in accordance with – (a) any prescribed Code of Practice for rodeos; and (b) the prescribed requirements, if any. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) A person responsible for the organisation and conduct of a rodeo must ensure that a veterinary surgeon is in attendance at all events at the rodeo that involve an animal. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (3) A person must not participate in an event at a rodeo except in accordance with – (a) the Rodeo Code of Practice; and (b) the prescribed requirements, if any. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (4) A person must not organise, or participate in, an event at a rodeo that involves the riding of sheep, calves or goats. Penalty: In the case of – (a) a body corporate, a fine not exceeding 250 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. 11B. Functions of veterinary surgeon at rodeos (1) A veterinary surgeon who is attending a rodeo at the request of a person who is responsible for the organisation and conduct of the rodeo has the following functions: (a) the examination of animals for fitness for use in the rodeo before they compete; (b) the examination and treatment of sick or injured animals; (c) the euthanasia of an animal if the veterinary surgeon considers it in the best interests and welfare of the animal; (d) other functions imposed by the Rodeo Code of Practice. (2) A veterinary surgeon who is attending a rodeo at the request of a person who is responsible for the organisation and conduct of the rodeo has the following powers: (a) if the veterinary surgeon considers that an animal is not fit for use in the rodeo, the veterinary surgeon may require – (i) the person responsible for the organisation and conduct of the rodeo to prevent the use of the animal in the rodeo; and (ii) the person who has control of the animal not to use, or allow the use of, the animal in the rodeo; (b) if the veterinary surgeon considers that certain actions need to be taken to allow him or her to properly assess the health, welfare or fitness of an animal or that any actions need to be taken, or should not be taken, in relation to the treatment, health, best interests or welfare of an animal, the veterinary surgeon may require – (i) the person responsible for the organisation and conduct of the rodeo to do or refrain from doing any action, or to ensure that any action is taken or not taken, in relation to that animal; and (ii) the person who has control of the animal to do or refrain from doing any action, or to allow or prevent the taking of any action, in relation to that animal; (c) other powers provided by the Rodeo Code of Practice; (d) the power to do all things necessary or convenient for the performance of the functions of the veterinary surgeon. (3) A person who has been required to do or refrain from doing any action under subsection (2) must not contravene that requirement. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both. 12. Traps (1) Subject to subsection (2) , a person must not set, lay or place a leghold trap, glueboard trap or snare. Penalty: In the case of – (a) a body corporate, a fine not exceeding 500 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both. (2) A person may apply to the Minister for an exemption to use a leghold trap, glueboard trap or snare. (3) The Minister, in granting an exemption, may impose any condition the Minister considers appropriate. (4) This section does not apply to – (a) the use of a mist net by a person who holds a permit to use a mist net granted under the Nature Conservation Act 2002 ; or (b) a gillnet used in accordance with any regulations or rules made under the Living Marine Resources Management Act 1995 ; or (c) a box trap, cage trap, mousetrap and other similar devices. (5) The Minister may delegate the powers under this section to the Secretary. (6) In this section – glueboard trap means a device that uses an adhesive substance to entrap an animal. PART 3 - Powers of officers 13. Officers (1) The Minister may appoint persons to be officers for the purposes of this Act on such terms and for such periods as the Minister determines. (2) Without limiting subsection (1) , the Minister may appoint a person to be an officer for the purposes of this Act subject to any one or more of the following: (a) the successful completion of training specified by the Minister; (b) that the person holds, and continues to hold, qualifications specified by the Minister; (c) that the person is only to exercise certain functions or powers of officers as specified by the Minister if the person holds, and continues to hold, the qualifications specified by the Minister in respect of the function or power. 13A. Functions of officer An officer has the following functions: (a) to protect, and secure the welfare of, animals; (b) to advise and instruct persons with the care or charge of animals; (c) to investigate whether this Act has been contravened and, if so, take appropriate action. 14. Instructions by officers (1) An officer may give to one or more of the following persons such instructions as may be necessary to enable the officer to assess or ensure the welfare of an animal: (a) a person who has the care or charge of the animal; (b) a person who usually has the care or charge of the animal; (c) a person who the officer has reasonable grounds for believing will have the care or charge of the animal in the future. (2) An instruction under subsection (1) is to be in writing unless – (a) it is not practicable to give the instruction in writing at the time the instruction is given; or (b) the officer giving the instruction considers that is in the interest of animal welfare to issue an immediate oral instruction. (3) If an officer gives an oral instruction to a person under this section, the officer is to give the person written confirmation of the instruction as soon as practicable after giving the oral instruction. (4) A person must comply with an instruction given to the person under subsection (1) . Penalty: In the case of – (a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 40 penalty units. 15. Power to arrest without warrant (1) A police officer may arrest, without warrant, a person the police officer reasonably believes is committing or has committed an offence under this Act. (2) If a police officer has reasonable grounds for believing that a person is committing or has committed an offence under this Act, the police officer may require that person to give the person's name, address and date of birth. (3) If a police officer has requested a person to give the person's name, address and date of birth, the police officer may arrest, without warrant, that person if – (a) that person refuses to give his or her name, address or date of birth; or (b) the police officer reasonably believes any name, address or date of birth given by that person is false. 16. Power to enter, search and inspect premises (1) An officer may, without warrant, enter, search and inspect any premises, other than premises or a part of premises being used as a dwelling, if the officer reasonably believes that there is on the premises an animal in respect of which an offence under this Act has been, or is being, committed. (1A) Despite subsection (1) , an officer may, without warrant, enter, search and inspect any premises, including premises or a part of premises being used as a dwelling, if the officer reasonably believes that – (a) an emergency exists that – (i) causes, or threatens to cause, injury, illness or distress to an animal on the premises; or (ii) places, or is likely to place, the premises at risk; and (b) there is on the premises, or in the dwelling, an animal that is in need of assistance. (2) An officer, authorized by the Minister to do so, may, at any reasonable time enter, search and inspect any premises where animals are sold, presented for sale, assembled or kept for commercial purposes. (2A) An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes – (a) is being, or has been, used in committing an offence against this Act; or (b) is evidence that an offence is being, or has been, committed against this Act. (3) If a magistrate or justice is satisfied on application made on oath by an officer that– (a) an animal is in premises or a part of any premises being used as a dwelling; and (b) the officer reasonably believes that an offence under this Act has been or is being committed in respect of that animal– the magistrate or justice may grant a warrant authorizing the officer named in the warrant to enter, search and inspect those premises and seize anything the officer reasonably believes is being, or has been, used in committing the offence. (3A) If a magistrate or justice is satisfied on application made on oath by an officer that the officer reasonably believes that there is evidence on the premises, or a part of the premises, that relates to an offence under this Act, the magistrate or justice may grant a warrant authorising the officer named in the warrant – (a) to enter, search and inspect those premises; and (b) seize anything the officer reasonably believes may be evidence that relates to an offence under this Act. (3B) A search warrant issued under this section – (a) is to be in accordance with the Search Warrants Act 1997 ; and (b) may only authorise and name, in that search warrant, an officer – (i) who is a police officer; or (ii) who is authorised, in writing by the Minister, to execute a search warrant under this Act. (4) In entering, searching and inspecting premises, an officer may – (a) use such force as is reasonably necessary; and (b) be accompanied by such assistants as the officer considers necessary; and (c) stop any vehicle or conveyance. (4A) In entering, searching and inspecting premises, an officer may inspect or examine any animal on the premises. (5) An assistant in the company of an officer has the same powers under this section as the officer. (6) In this section, a reference to an animal includes a reference to the animal whether alive or dead. (7) For the purposes of this section, a premises, or a part of a premises – (a) is being used as a dwelling if a person ordinarily resides in that premises or that part of the premises; and (b) is not being used as a dwelling if that premises, or that part of the premises, is a building or an area of land that is around or underneath premises, or a part of a premises, to which paragraph (a) applies. 16A. Photographs and films For the purpose of this Act, an officer may – (a) take any photograph; and (b) make any film or video. 17. Power to take possession of animals (1) An officer may take possession of an animal and detain it in a safe place if the officer is satisfied that – (a) an offence under this Act has been, or is being or is likely to be, committed in respect of the animal; or (ab) the animal requires medical treatment by a veterinary surgeon to relieve, or reduce, the pain or suffering of the animal; or (b) unless possession of the animal is taken – (i) its life will be endangered; or (ii) any pain or suffering it is undergoing will be unreasonably or unjustifiably prolonged. (2) An officer may – (a) for the purpose of taking possession of an animal, be aided by such assistants as the officer considers necessary; and (b) detain or cause the animal to be detained at such place and in such circumstances as the officer considers appropriate. (3) An assistant in the company of an officer has the same powers under this section as the officer. 17A. Court may order seizure or disposal of animals (1) In any proceedings under this Act in respect of an animal or on the application of an officer, a magistrate may make an order in respect of one or more of the following: (a) that the animal be removed from the person who has care or charge of the animal; (b) that the animal be placed in the care of, or returned to, another person specified in the order; (c) that the animal – (i) be sold, and any proceeds of the sale be distributed in accordance with section 46 ; or (ii) be otherwise disposed of; (d) any other order, or direction, in respect of the animal that the magistrate considers appropriate in the circumstances. (2) A magistrate may only make an order under subsection (1) in respect of an animal if the magistrate is satisfied that, without the order, the welfare of the animal is at risk. 18. Possession of animals and conveyances If a person is arrested for an offence under this Act in respect of an animal, the officer arresting that person may – (a) take possession of the animal and detain it in a safe place; and (b) take possession of any conveyance and detain or cause it to be detained in a safe place if the animal – (i) is attached to the conveyance; or (ii) is being carried in or on the conveyance belonging to that person. 19. Application for return of animal or conveyance (1) If an officer has taken possession of, and detained, an animal or conveyance under section 17 or 18 , the owner of the animal or conveyanc