Queensland: Exhibited Animals Act 2015 (Qld)

Exhibited Animals Act 2015 An Act to provide for exhibiting and dealing with particular animals Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Exhibited Animals Act 2015. 2 Commencement (1) Subject to subsection (2), this Act commences on a day to be fixed by proclamation. (2) If a provision of this Act does not commence before 1 July 2016, it commences on that day. (3) The Acts Interpretation Act 1954, section 15DA does not apply to this Act. Part 2 Purposes of Act and achieving the purposes 3 Purposes of Act (1) The main purpose of this Act is to provide for exhibiting and dealing with exhibited animals. (2) It is also a purpose of this Act to ensure the relevant risks and relevant adverse effects associated with exhibiting and dealing with exhibited animals are prevented or minimised. 4 How purposes are primarily achieved The purposes of this Act are to be achieved primarily by— (a) imposing a general obligation on persons exhibiting and dealing with exhibited animals to prevent or minimise the relevant risks and relevant adverse effects associated with exhibiting and dealing with exhibited animals; and (b) requiring that authorities be obtained to allow particular animals to be exhibited; and (c) imposing additional obligations on persons exhibiting or dealing with authorised animals under exhibited animal authorities; and (d) providing for monitoring and enforcement of compliance with this Act; and (e) providing for codes of practice relating to a person's obligations under this Act; and (f) providing for the chief executive to make guidelines about the application of this Act and how a person may comply with obligations imposed under this Act. Part 3 Application and operation of Act 5 Act binds all persons (1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence. 6 Application of Act to State for protected or wild animal This Act does not apply to the State for an animal only because it is— (a) a protected animal or an animal in the wild; and (b) the property of the State under the Nature Conservation Act, another Act or the common law. Note— See the Nature Conservation Act, section 83. 7 Relationship with particular Acts (1) Unless this Act otherwise states, it does not affect the application of— (a) the Animal Care and Protection Act 2001; or (b) the Biosecurity Act; or (c) the Nature Conservation Act; or (d) the Work Health and Safety Act 2011. (2) However, this Act does apply to the NCA chief executive if the NCA chief executive is exhibiting or dealing with an exhibited animal only under the authority of the Nature Conservation Act, section 173P. 8 Contravention of this Act does not create civil cause of action No provision of this Act creates a civil cause of action based on a contravention of the provision. 9 Act does not affect other right or remedy (1) This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. 10 Exhibiting or dealing with animal to which Act does not apply (1) This Act does not apply to exhibiting or dealing with an animal if— (a) the animal is of a species mentioned in schedule 1; or (b) the animal is authorised or permitted to be exhibited under the Biosecurity Act or Nature Conservation Act; or (c) the animal can be lawfully exhibited and dealt with (without an exhibited animal authority or a licence, permit or other authority under the Biosecurity Act or Nature Conservation Act) and any of the following apply— (i) the animal is being used for scientific purposes; (ii) the animal is displayed for the purpose of its sale; (iii) the animal is displayed for no longer than 11 days at a time; or Examples for subparagraph (iii)— • displaying an animal at an agricultural show or community event • displaying Gouldian finches at a meeting of a bird fanciers' association • displaying an animal for 'show and tell' in a school classroom (d) the animal is a protected animal being rehabilitated for return to the wild and is displayed under the authority of the Nature Conservation Act, section 173P(1), for 1 or more of the following purposes— (i) to give public information about the ecological role of that species of animal; (ii) to promote education about, and the conservation of, that species of animal; (iii) to promote an understanding of ecology and the conservation of that species of animal; (iv) to raise funds to assist in providing care and treatment for animals being rehabilitated for return to the wild; or (e) the animal is international wildlife or a protected animal, other than an animal mentioned in paragraph (d), that is displayed under the authority of the Nature Conservation Act, section 173P(1), for no longer than 11 days at a time. (2) However, if an animal as mentioned in subsection (1)(c)(iii) or (e) is displayed for a commercial purpose, this Act does apply to exhibiting or dealing with the animal. (3) In this section— scientific purposes see the Animal Care and Protection Act 2001, section 48. Part 4 Interpretation Division 1 Dictionary 11 Definitions The dictionary in schedule 2 defines particular words used in this Act. Division 2 Key concepts and definitions 12 Meaning of animal (1) Generally, an animal is any live member of the animal kingdom, other than a human being. (2) In relation to dealing with an exhibited animal, an animal includes— (a) the animal at each stage of its life cycle; and Examples— • a pre-natal or pre-hatched creature • larvae or pupae • an embryo (b) the whole or any part of the genetic or reproductive material of the animal. Examples— an ovum, semen 13 Meaning of exhibit an animal (1) Generally, exhibit an animal means display the animal to the public, including, for example, for commercial, cultural, educational, entertainment or scientific purposes. Examples of exhibiting an animal— • displaying an animal in a zoo or wildlife park • using an animal in a performance in a circus or magic show • allowing public interaction with animals at a petting farm • showing an animal as part of an educational wildlife demonstration • displaying an animal, including, for example, a bird in a cage, in a part of commercial premises accessible to the public Note— Section 10 states when the Act does not apply to exhibiting or dealing with an animal. (2) Exhibit, an animal, includes the following— (a) display the animal at a private event; (b) arrange for the animal to be at a public place for a period that allows the public a reasonable opportunity to view the animal, whether or not the animal is so viewed; (c) allow public interaction involving the animal. (3) Also, a person exhibits an animal if— (a) the person records the animal's image for display to the public, whether the image is displayed when it is recorded or is intended to be displayed after it is recorded; and Examples of ways of recording an animal's image— • photographing the animal, including using a digital camera • recording the animal's image using a video or web camera • filming the animal for a film or television production (b) the person is a responsible person for the exhibited animal. (4) If an animal is in the wild, despite subsections (1) to (3), exhibit an animal does not include any of the following— (a) arranging to view the animal; (b) allowing public interaction involving the animal; (c) recording the animal's image. 14 Meaning of exhibited animal An animal is an exhibited animal if— (a) the animal is an authorised animal; or (b) the animal is not an authorised animal but the animal is exhibited and this Act applies to the exhibition of the animal. Note— Section 10 states when the Act does not apply to exhibiting or dealing with an animal. 15 Meaning of dealing with an exhibited animal Dealing with, an exhibited animal— (a) means carrying out an activity involving or relating to the animal, other than exhibiting the animal; and (b) includes all of the following— (i) accepting, buying, importing or obtaining the animal; (ii) breeding, culturing, growing or raising the animal; (iii) keeping or possessing the animal; (iv) moving the animal; (v) giving, selling or otherwise disposing of, the animal. 16 Meaning of responsible person for an exhibited animal (1) A person is a responsible person for an exhibited animal if the person— (a) exhibits or deals with the animal; or (b) employs another person to exhibit or deal with the animal, if the other person exhibits or deals with the animal within the scope of the employment; or (c) is the holder of an exhibited animal authority for the animal; or (d) owns or has a lease, licence or other proprietary interest in the animal. Note— See, however, section 6 that states this Act does not apply to the State for particular animals only because they are the property of the State. (2) Despite subsection (1)(a) and (b), a person is not a responsible person for an animal because the person records the animal's image or employs someone else to record the animal's image unless the person is otherwise a responsible person for the animal under this section. Example for subsection (2)— A person goes to a zoo as a member of the public and photographs an animal being displayed at the zoo. The person is not a responsible person for the animal only because the person photographs the animal. (3) If an exhibited animal is seized under chapter 6, part 3, division 4 and, immediately before the seizure, a person was a responsible person for the animal under subsection (1)(a) or (b), the person continues to be a responsible person for the animal. (4) Despite subsection (1)(d), a person who holds a mortgage or other security interest in an exhibited animal only becomes a responsible person for the animal if the person takes a step to enforce the mortgage or other security. (5) In this section— employs includes engages under a contract for services. 17 Meaning of relevant risk and relevant adverse effects (1) Each of the following is a relevant risk associated with exhibiting or dealing with an exhibited animal— (a) a risk to the welfare of any animal; (b) a biosecurity risk; (c) a risk to public safety, or of death, injury or illness to a person, caused directly by, or originating from, the exhibited animal. (2) The relevant adverse effects, associated with exhibiting or dealing with an exhibited animal, are the adverse effects of an event caused by exhibiting or dealing with the animal on each of the following— (a) the welfare of any animal; (b) the health, safety or wellbeing of a person; (c) social amenity, the economy and the environment. Examples of an event— the escape or release of an exhibited animal Chapter 2 Exhibiting and dealing with exhibited animals generally Part 1 General exhibition and dealing obligation 18 Obligation of responsible person for exhibited animal (1) A responsible person for an exhibited animal has an obligation (a general exhibition and dealing obligation) to take all reasonable and practical measures to prevent or minimise the relevant risks and relevant adverse effects associated with exhibiting or dealing with the animal. Example for subsection (1)— A measure that may be reasonable and practical to prevent or minimise the relevant adverse effects of the escape of an exhibited animal from its enclosure may include a strategy for that event that ensures the following happens quickly— • recapturing or destroying the animal • warning persons about the dangers posed by the animal and advising them about appropriate action they should take for their safety. (2) Despite subsection (1), a responsible person for an exhibited animal has a general exhibition and dealing obligation to prevent or minimise a biosecurity risk associated with exhibiting or dealing with the animal only if the person knows or ought reasonably to know that exhibiting or dealing with the animal poses, or is likely to pose, the risk. Note— See the Biosecurity Act, section 23(1). 19 General exhibition and dealing obligation offence provision A person on whom a general exhibition and dealing obligation is imposed must discharge the obligation. Maximum penalty—750 penalty units. 20 Effect of regulation for discharge of general exhibition and dealing obligation (1) This section applies if a provision of a regulation (a regulation provision) is identified in the regulation as a provision that prescribes a way of discharging a person's general exhibition and dealing obligation. (2) Unless otherwise stated in the regulation, the regulation provision does not prescribe all the person must do, or must not do, to discharge the person's general exhibition and dealing obligation. (3) However, for applying section 19, the person fails to discharge the person's general exhibition and dealing obligation if the person contravenes the regulation provision. 21 Effect of code of practice for discharge of general exhibition and dealing obligation (1) This section applies if a code of practice states a way of discharging a person's general exhibition and dealing obligation. (2) Unless otherwise stated in the code of practice, the code of practice does not state all the person must do, or must not do, to discharge the person's general exhibition and dealing obligation. (3) However, for applying section 19, the person fails to discharge the general exhibition and dealing obligation if the person— (a) contravenes the code of practice; and (b) does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general exhibition and dealing obligation. (4) Also, for applying section 19, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person's general exhibition and dealing obligation, the person fails to discharge the obligation if the person contravenes the code of practice or stated part. 22 Defence of due diligence (1) In a proceeding for an offence against section 19, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person's control. (2) Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that— (a) if a regulation prescribes a way in which a person's general exhibition and dealing obligation can be discharged—the person followed the prescribed way; or (b) if a code of practice states a way in which a person's general exhibition and dealing obligation can be discharged—the person adopted and followed the stated way. (3) This section is not intended to exclude the operation of the Criminal Code, section 24. 22A Duty of other persons in relation to general exhibition and dealing obligation (1) This section applies to a person (a relevant person) on private land or at a public place where a responsible person for an exhibited animal is discharging a general exhibition and dealing obligation in relation to the animal. (2) The relevant person must— (a) take reasonable care that the relevant person's acts or omissions do not cause or increase a relevant risk associated with exhibiting or dealing with the exhibited animal; and (b) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the responsible person to allow the responsible person to comply with that person's general exhibition and dealing obligation in relation to the exhibited animal. Maximum penalty—100 penalty units. Part 2 Codes of practice and guidelines Division 1 Codes of practice 23 Making codes of practice (1) The Governor in Council may, by regulation, make a code of practice about exhibiting and dealing with exhibited animals. (2) Without limiting subsection (1), a code of practice may be made about— (a) preventing or minimising the relevant risks and relevant adverse effects associated with exhibiting or dealing with exhibited animals; or (b) designing, constructing or maintaining enclosures for exhibiting or dealing with exhibited animals; or (c) exhibiting or dealing with exhibited animals in enclosures, including, for example, the species and number of animals to be exhibited or kept in an enclosure or a particular type of enclosure. 24 Consultation about codes of practice (1) Before the making of a code of practice under this division is recommended to the Governor in Council, the chief executive must consult with relevant entities. (2) Subsection (1) does not apply to the adopted provisions of a code of practice. (3) A failure to consult under subsection (1) does not affect the validity of the code of practice. (4) In this section— relevant entities means entities the chief executive considers have an interest in matters relating to exhibiting and dealing with exhibited animals. Examples of types of entities— entities from community groups or professional and industry associations 25 Tabling and inspection of documents adopted in codes of practice (1) This section applies if— (a) a regulation under which a code of practice is made adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions); and (b) the adopted provisions are not part of, or attached to, the regulation. (2) The Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly. (3) If the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly. (4) The chief executive must keep a copy of the adopted provisions, as in force from time to time, available for inspection, free of charge, by members of the public at— (a) the department's head office; and (b) other places the chief executive considers appropriate. (5) The adopted provisions may be made available for inspection in electronic or paper form. (6) A contravention of subsection (2), (3) or (4) does not invalidate or otherwise affect the regulation. Division 2 Guidelines 26 Chief executive may make guidelines (1) The chief executive may make guidelines about— (a) matters relating to the administration of this Act; or (b) complying with other requirements imposed under this Act. (2) Without limiting subsection (1), a guideline may be about the following matters— (a) the operation of provisions of this Act about monitoring and enforcement of compliance with this Act; (b) ways in which exhibited animals may be exhibited or dealt with, including, for example, acceptable ways of ensuring an animal's enclosure appropriately provides for the animal's normal behaviours; (c) the type of information the chief executive may consider relevant in a management plan for managing the relevant risks and relevant adverse effects associated with exhibiting or dealing with an exhibited animal. (3) Before making a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline to give the chief executive written submissions about it. (4) A failure to take reasonable steps to allow an entity to give the chief executive written submissions about a proposed guideline under subsection (3) does not affect the validity of the guideline. 27 Availability of guidelines (1) The chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by members of the public at— (a) the department's head office; and (b) other places the chief executive considers appropriate. (2) Also, the chief executive must publish each guideline, as in force from time to time, on the department's website. 28 Obligation to have regard to guidelines (1) A guideline may be taken into account when considering whether a person has or has not discharged the person's general exhibition and dealing obligation or otherwise complied with this Act. (2) However, it must not be presumed that a person who has contravened a guideline has breached the person's general exhibition and dealing obligation or otherwise contravened this Act. Chapter 3 Exhibited animal authorities Part 1 Preliminary 29 Meaning of exhibited animal authority and relevant references (1) An exhibited animal authority is an authority of a category mentioned in section 30 given under this chapter for exhibiting and dealing with an exhibited animal. (2) Unless otherwise provided, a reference to an exhibited animal authority or an authority in relation to an authorised animal is a reference to the exhibited animal authority under which the animal is authorised to be exhibited and dealt with. (3) Unless otherwise provided, a reference to an exhibited animal authority or an authority in relation to an authorised enclosure is a reference to— (a) for an authorised enclosure for an authorised animal (category A)—the exhibited animal authority under which a type of enclosure is authorised for exhibiting or dealing with the animal; or (b) for an authorised enclosure for an authorised animal (category B) or (category C)—the exhibited animal authority under which the enclosure is authorised for exhibiting or dealing with the animal. 30 Categories of exhibited animal authorities The chief executive may give exhibited animal authorities of the following categories— (a) a licence (an exhibition licence) to exhibit and deal with an animal; (b) a permit (an interstate exhibitors permit) to exhibit and deal with an animal in this State if the animal is the subject of an interstate authority; (c) an authority (a temporary authority) to deal with an animal for the purpose of— (i) obtaining an exhibition licence for the animal; or (ii) disposing of the animal. 31 Meaning of special exhibition approval A special exhibition approval is an approval given by the chief executive to the holder of an exhibition licence to exhibit and deal with an authorised animal (category C2) at a place identified in the approval that is outside— (a) a regular enclosure for the animal at a regular enclosure site under the licence; and (b) a controlled area that includes a regular enclosure for the animal at a regular enclosure site under the licence. Note— See section 94(1). 32 Meaning of authorised animal (1) An authorised animal is an animal that is authorised to be exhibited and dealt with under an exhibited animal authority. Note— An exhibited animal authority may identify a particular animal or a species of animal as authorised to be exhibited and dealt with under the authority. See section 64(1)(b) and (c). (2) The authorised animal may be one of the following— (a) an authorised animal (category A); (b) an authorised animal (category B); (c) an authorised animal (category C). 33 Meaning of authorised animal (category A) An authorised animal (category A) is an authorised animal that is— (a) international wildlife; or (b) any of the following under the Nature Conservation Act— (i) a class 1 animal; (ii) a class 2 animal; (iii) a dangerous animal. 34 Meaning of authorised animal (category B) An authorised animal (category B) is an authorised animal that is— (a) any of the following— (i) dingo (Canis lupus dingo) (ii) eastern grey kangaroo (Macropus giganteus) (iii) echidna (Tachyglossus aculeatus) (iv) estuarine crocodile (Crocodylus porosus) (v) European rabbit (Oryctolagus cuniculus) (vi) freshwater crocodile (Crocodylus johnstoni) (vii) koala (Phascolarctos cinereus) (viii) long-nosed potoroo (Potorous tridactylus tridactylus) (ix) platypus (Ornithorhynchus anatinus) (x) wombat (Family Vombatidae); or (b) another animal that is neither an authorised animal (category A) nor an authorised animal (category C). 35Meaning of authorised animal (category C) , authorised animal (category C1) and authorised animal (category C2) (1) An authorised animal (category C) is an authorised animal that is prohibited matter, other than an animal that is international wildlife. (2) An authorised animal (category C1) is an authorised animal (category C) of a species prescribed by regulation. (3) An authorised animal (category C2) is an authorised animal (category C) other than an authorised animal (category C1). (4) The Minister may recommend to the Governor in Council the making of a regulation under subsection (2) only if the Minister is satisfied— (a) the escape of animals of that species in Australia would pose no more than a low risk of the species becoming established— (i) for a species the Minister believes is established in Australia but outside the State and whose eradication is not technically feasible—in the State; or (ii) otherwise—anywhere in Australia; and (b) the establishment of animals of that species in Australia poses or would pose no more than a moderate risk of an adverse effect on any of the following matters (the relevant considerations)— (i) the health, safety or wellbeing of a person; (ii) social amenity, the economy or the environment. (5) For subsection (4)(a) and (b), in assessing the extent of the risk of a species becoming established and the risk posed by the establishment of the species, the Minister— (a) must have regard to any relevant scientific assessment of— (i) the risk of animals that are prohibited matter becoming established in the State or elsewhere in Australia if they were to escape; and (ii) the risk of an adverse effect on the relevant considerations posed, or that would be posed, by the establishment in Australia of animals that are prohibited matter; and (b) must consult with relevant entities. (6) However, a failure to consult under subsection (5)(b) does not affect the validity of a decision under subsection (4)(a) or (b). (7) In this section— escape includes release. relevant entities means entities the Minister considers have an interest in— (a) preventing the establishment within Australia of animals that are prohibited matter; or (b) exhibiting animals that are prohibited matter. 36 Meaning of authorised enclosure (1) An authorised enclosure, for an authorised animal (category A), is an enclosure of a type in which the animal is authorised to be exhibited or dealt with under the exhibited animal authority. (2) An authorised enclosure, for an authorised animal (category B) or (category C), is an enclosure in which the animal is authorised to be exhibited or dealt with under the exhibited animal authority. 37 Meaning of management plan (1) A management plan is a plan, submitted by an applicant for an exhibition licence or interstate exhibitors permit, complying with subsections (2) to (4). (2) The plan must— (a) for an animal proposed to be exhibited and dealt with under the exhibition licence or interstate exhibitors permit as a particular animal—identify the animal (the subject animal); and Example of identifying a particular animal— identifying a particular animal by referring to its species and a unique identifying number obtainable from a microchip inserted in the animal (b) for an animal proposed to be exhibited and dealt with under the licence or permit only as an animal of a species—identify the species (also, the subject animal); and (c) state how the applicant proposes to exhibit and deal with the subject animal; and (d) state the significant relevant risks and relevant adverse effects associated with exhibiting and dealing with the subject animal; and (e) state the ways in which the applicant intends to prevent or minimise the significant relevant risks and relevant adverse effects; and Examples for paragraph (e)— • how the subject animal is to be contained in an authorised enclosure or secured during an exhibition • if public interaction involving the subject animal is to be authorised, the restrictions to be applied (f) if the subject animal is not native wildlife, state the arrangements for managing reproduction of the animal, including, for example, arrangements for progeny of the animal. (3) If the plan is submitted by an applicant for an exhibition licence, the plan must also— (a) for a subject animal proposed to be an authorised animal (category A), identify each type of enclosure that is proposed to be— (i) a regular enclosure for the animal; and (ii) another authorised enclosure for the animal, if any; and (b) for a subject animal proposed to be an authorised animal (category B) or (category C), identify each enclosure that is proposed to be— (i) a regular enclosure for the animal; and (ii) another authorised enclosure for the animal, if any; and (c) identify each regular enclosure site for a regular enclosure mentioned in paragraph (a)(i) or (b)(i); and (d) without limiting subsection (2)(c), state— (i) how the applicant proposes to exhibit and deal with the subject animal in each proposed regular enclosure for the animal; and (ii) if different from a matter stated under subparagraph (i), how the applicant proposes to exhibit and deal with the subject animal in each other proposed authorised enclosure for the animal. (4) If the plan is submitted by an applicant for the amendment of an exhibition licence by the grant of a special exhibition approval for an authorised animal (category C2), the plan must also state each matter mentioned in subsection (2)(c) to (f) as it relates to exhibiting and dealing with the animal under the approval. (5) In this section— applicant means— (a) for an exhibition licence, an applicant for— (i) the grant, renewal or restoration of the licence; or (ii) the amendment of the licence by the grant of a special exhibition approval or otherwise; or (b) for an interstate exhibitors permit, an applicant for the grant or amendment of the permit. significant relevant risks and relevant adverse effects means the relevant risks and relevant adverse effects the applicant considers, or reasonably ought to consider, are significant. Part 2 Requirement for authority 38 Authority required to exhibit particular animals (1) This section applies to exhibiting an animal that is— (a) native wildlife unless, under the Nature Conservation Act, the animal may be kept or used without an NCA authorisation; or (b) international wildlife; or (c) prohibited wildlife; or (d) prohibited matter; or (e) restricted matter. Notes— 1 Under section 10, this Act does not apply to exhibiting or dealing with particular animals. 2 Particular animals to which subsection (1) applies are designated animals under the Biosecurity Act for which a person keeping the animals may be required to apply for registration as a registered biosecurity entity. See the Biosecurity Act, chapter 7, parts 1 and 2. (2) A person must not exhibit the animal other than under an exhibited animal authority. Maximum penalty—500 penalty units. (3) Despite subsection (1)(a), the NCA chief executive exhibiting an animal under the authority of the Nature Conservation Act, section 173P(1) is not excluded from the application of this section only because, under section 173P(2) of that Act, the NCA chief executive does not require an NCA authorisation to keep or use the animal. (4) In this section— NCA authorisation means a licence, permit or other authority under the Nature Conservation Act. prohibited wildlife see the Nature Conservation Act, schedule. Part 3 Authorisations Division 1 Preliminary 39 Purpose and application of pt 3 (1) This purpose of this part is to provide for exhibiting and dealing with an authorised animal. (2) However, the application of a provision of this part to an exhibited animal authority is subject to a condition of the authority provided for by part 7. Division 2 Exhibition licences 40 Exhibiting and keeping an animal under licence An exhibition licence authorises the holder to exhibit and keep an authorised animal in the way stated in the licence. 41 Buying or accepting an animal under licence An exhibition licence authorises the holder to buy or accept an authorised animal— (a) only from a person who is authorised to sell or give the animal under a law of the State, the Commonwealth or another State; or (b) for an animal that is imported into the State from a person in a foreign country—only if the importation is authorised under a law of the Commonwealth. 42 Selling or giving an animal under licence An exhibition licence authorises the holder to sell or give an authorised animal— (a) only to a person who is authorised to buy or accept the animal under a law of the State, the Commonwealth or another State; or (b) for an animal that is exported from the State to a person in a foreign country—only if the exportation is authorised under a law of the Commonwealth. 43 Moving an animal under licence An exhibition licence authorises the holder to move an authorised animal in any of the following ways— (a) from one authorised enclosure to another authorised enclosure; (b) from an authorised enclosure to the premises of a veterinary surgeon and return the animal to an authorised enclosure, for treatment or care of the animal; (c) to a place outside an authorised enclosure— (i) for exhibiting or dealing with the animal in a way authorised under the licence; or (ii) if the movement is necessary to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with the animal; (d) from a place controlled by a person from whom the animal has been bought or accepted under section 41 to an authorised enclosure; (e) from an authorised enclosure to a place controlled by a person to whom the animal has been sold or given under section 42; (f) as otherwise stated in the licence or prescribed by regulation. 44 Other authorised dealing under licence An exhibition licence may authorise any other dealings with an authorised animal as stated in the licence. Division 3 Interstate exhibitors permits 45 Definitions for div 3 In this division— primarily authorised animal, for an interstate exhibitors permit, means an animal to which the primary authority for the permit relates. primary authority, for an interstate exhibitors permit, means the interstate authority, identified in the permit. 46 Exhibiting and keeping an animal under permit An interstate exhibitors permit authorises the holder to exhibit and keep a primarily authorised animal in the way stated in the permit. 47 Moving an animal under permit An interstate exhibitors permit authorises the holder to move a primarily authorised animal in any of the following ways— (a) from one authorised enclosure to another authorised enclosure; (b) from an authorised enclosure to the premises of a veterinary surgeon and return the animal to an authorised enclosure, for treatment or care of the animal; (c) to a place outside an authorised enclosure— (i) for exhibiting or dealing with the animal in a way authorised under the permit; or (ii) if the movement is necessary to prevent or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing with the animal; (d) as otherwise stated in the permit or prescribed by regulation. Division 4 Temporary authorities 48 Authorisation under temporary authority A temporary authority authorises the holder to deal with an authorised animal in the way stated in the authority. Part 4 Applications for grant of particular authorities Division 1 Preliminary 49 Application of pt 4 This part applies to an application for the grant of either of the following— (a) an exhibition licence; (b) an interstate exhibitors permit. Note— Under sections 88 and 95, particular sections in this part also apply to an application to renew or restore an exhibition licence and an application to amend an exhibition licence or interstate exhibitors permit. Division 2 Making application 50 Applying for exhibition licence or interstate exhibitors permit (1) A person may apply to the chief executive for the grant of an exhibition licence. (2) The holder of an interstate authority may apply to the chief executive for the grant of an interstate exhibitors permit. 51 Requirements for application (1) The application must— (a) be in the approved form; and (b) be accompanied by— (i) a management plan for exhibiting and dealing with each particular animal or the animals of each species that are to be authorised animals under the exhibited animal authority applied for; and (ii) the fee prescribed by regulation. (2) However, the chief executive may waive payment of the fee if satisfied— (a) the application relates to exhibiting an animal that is prohibited or restricted matter; and (b) the proposed exhibition of the animal is aimed at controlling or eradicating animals of that species; and (c) the applicant will not derive any financial benefit from exhibiting or dealing with the animal under the authority; and (d) the applicant undertakes in writing to advise the chief executive of the progress and outcomes of exhibiting and dealing with the animal. 52 Withdrawal (1) The applicant may withdraw the application at any time before the application is decided. (2) The fee accompanying the application is not refundable if the applicant withdraws the application, or if the application is taken to be withdrawn, under this chapter. 53 Suitability of applicant to hold authority (1) Before deciding the application, the chief executive may make inquiries about the suitability of the applicant to hold the exhibited animal authority applied for. (2) An individual is not a suitable person to hold an exhibited animal authority if the individual is an insolvent under administration. (3) A corporation is not a suitable person to hold an exhibited animal authority if— (a) the corporation is placed in receivership or liquidation; or (b) an executive officer of the corporation is an insolvent under administration. (4) In deciding whether the applicant is a suitable person to hold an exhibited animal authority, the chief executive may have regard to the following— (a) whether the applicant, or an associate of the applicant, has been refused an exhibited animal authority or similar authority; (b) whether the applicant, or an associate of the applicant, held an exhibited animal authority or similar authority and it was suspended or cancelled; (c) whether the applicant, or an associate of the applicant, has a conviction for a relevant offence, other than a spent conviction; (d) any other matter the chief executive considers relevant to the applicant's ability to exhibit or deal with an animal under the authority applied for, including the applicant's capacity to comply with conditions of the authority. (5) In this section— conviction includes a finding of guilt, whether or not a conviction is recorded. similar authority means— (a) a general fisheries permit under the Fisheries Act 1994 for an activity involving noxious fisheries resources under that Act, as in force before the commencement of the Biosecurity Act, section 542; or (b) a declared pest permit issued under the Stock Route Management Act 2002, chapter 2, part 7, division 1, as in force before the commencement of the Biosecurity Act, section 550; or (c) a wildlife demonstrator licence or wildlife exhibitor licence under the Nature Conservation (Administration) Regulation 2006, as in force before the commencement of this section; or (d) an authority under the Nature Conservation Act, other than a licence mentioned in paragraph (c), to use or keep an animal; or (e) an authority (however described) under a corresponding law to this Act that is similar to an exhibition licence or interstate exhibitors permit; or (f) an authority (however described) under a law of the Commonwealth or another State that, before the commencement of this section, corresponded or substantially corresponded to a permit or licence mentioned in paragraph (a), (b) or (c). 54 Requirement for further information or document (1) Before deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within a reasonable stated period of at least 30 days, further information or a document the chief executive reasonably requires to decide the application. (2) The notice may require the further information or document to be included in the management plan or an amended management plan. (3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement under subsection (1). (4) A notice under subsection (1) may be given to the applicant only within 30 days after the chief executive receives the application. (5) The information or document must be verified by statutory declaration, if so required by the notice. 55 Request to consent to official assessment (application) (1) This section applies if— (a) the application is for the grant of an exhibition licence; and (b) the chief executive considers an official assessment (application) is reasonably required to decide the application. (2) Before deciding the application, the chief executive may, by notice given to the applicant, ask the applicant, within a reasonable stated period of at least 30 days, to give the chief executive written consent to an official assessment (application). (3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not give the consent. (4) A notice under subsection (2) may be given to the applicant only within 30 days after the chief executive receives the application. 56 Amendment of application (1) At any time before deciding the application, the chief executive may give a notice to the applicant— (a) stating any changes the chief executive recommends to the application, including the management plan; and (b) inviting the applicant to give the chief executive an amended application reflecting the changes within a reasonable stated period of at least 30 days. (2) To remove any doubt, it is declared that if the applicant gives the chief executive an amended application in response to the notice within the stated period, sections 52 to 55 apply to the amended application. Division 3 Deciding application 57 Consideration of application (1) The chief executive must consider the application and decide to— (a) grant the application; or (b) grant the application on conditions; or (c) refuse to grant the application. (2) Section 77(2) applies to conditions imposed under subsection (1)(b). 58 General criteria for decision (1) The chief executive may grant the application, with or without conditions, only if— (a) for an applicant who is an individual, the applicant is an adult; and (b) the chief executive— (i) is satisfied the applicant is a suitable person to hold the exhibited animal authority applied for; and (ii) approves a management plan for exhibiting and dealing with each particular animal or the animals of each species that are to be authorised under the authority (the proposed authorised animals); and (c) for an application in relation to an activity that is categorised as assessable development under the Planning Act 2016—a development approval has been given under that Act for the development; and (d) for an application in relation to an activity that is PDA-related development and is PDA assessable development under the Economic Development Act 2012—a PDA development approval has been given under that Act for the development. (2) For subsection (1)(b)(ii), the chief executive may approve a management plan only if satisfied the proposed authorised animals will be exhibited and dealt with under the management plan in a way that prevents or minimises the relevant risks and relevant adverse effects associated with exhibiting or dealing with the animals. (3) In this section— PDA-related development means— (a) development in a priority development area under the Economic Development Act 2012; or (b) PDA-associated development for a priority development area under the Economic Development Act 2012. 59 Particular criterion for exhibiting or dealing with animal in residential premises If the application relates to exhibiting or dealing with an animal in premises or a part of premises used for residential purposes, the chief executive may grant the application only if the applicant— (a) is the occupier of the premises or part; and (b) has given the chief executive written consent for an inspector to enter the premises or part under section 69(1)(g). 60 Particular criteria for exhibiting or dealing with animal at 2 or more premises If the application relates to exhibiting or dealing with 1 or more animals at 2 or more premises, the chief executive may grant the application only if satisfied— (a) exhibiting or dealing with the animals at each of the premises is operationally interrelated; and (b) the same individuals (the designated carers) will have the day-to-day care and control of the animals at each of the premises; and (c) the location of each of the premises allows the integrated day-to-day care and control of the animals by the designated carers to be feasible. 61 Decision on application (1) If the chief executive decides to grant the application, the chief executive must give the applicant the exhibited animal authority applied for. (2) If the chief executive refuses to grant the application, or decides to grant the application on conditions other than those applied for, the chief executive must give the applicant an information notice for the decision. 62 Failure to decide application (1) Subject to subsections (2) and (3), if the chief executive fails to decide the application within 40 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application. (2) Subsection (3) applies if the chief executive has— (a) required the applicant to give further information or a document under section 54(1); or (b) asked the applicant to consent to an official assessment (application) under section 55(2). (3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 40 days after the chief executive receives the further information or document or the consent. (4) If the chief executive is taken to have refused to grant the application, the applicant is entitled to be given an information notice for the decision by the chief executive. Part 5 Granting temporary authorities 63 Chief executive may grant temporary authority (1) This section applies if— (a) any of the following happens— (i) an exhibition licence is cancelled or suspended; (ii) the holder of an exhibition licence does not apply for its renewal or restoration under section 87(1) or (2) and the licence expires; (iii) an application for renewal or restoration of an exhibition licence is withdrawn or taken to have been withdrawn and the licence expires; (iv) the chief executive decides to refuse, or is taken to have refused, to renew or restore an exhibition licence and the licence expires; (v) an interstate exhibitors permit expires or is cancelled or suspended and an animal to which the permit related is in the State; and (b) the chief executive considers there may not be adequate arrangements in place for managing the relevant risks or relevant adverse effects associated with exhibiting and dealing with an animal that was an authorised animal under the exhibition licence or interstate exhibitors permit. (2) The chief executive may grant a temporary authority to the person who was the holder of the exhibition licence or interstate exhibitors permit. (3) If a temporary authority is granted, the exhibition licence or interstate exhibitors permit mentioned in subsection (2) is the previous authority for the temporary authority. (4) Subsections (1)(a)(ii) to (v) and (2) do not prevent the chief executive granting a temporary authority before the expiry of the previous authority for the temporary authority, but the temporary authority takes effect only when the previous authority expires. Part 6 Authority provisions Division 1 Contents 64 Content of each exhibited animal authority (1) An exhibited animal authority must— (a) state the name and contact details of the authority holder; and (b) for an animal authorised to be exhibited and dealt with under the authority as a particular animal—identify the animal; and (c) for an animal authorised to be exhibited and dealt with under the authority only as an animal of a species—identify the species which may include, for example, referring to an identifiable grouping of animals of the species; and (d) state the dealings with an authorised animal that are authorised under the authority; and (e) for an authorised animal (category A)—identify each authorised type of enclosure in which the animal may be exhibited and dealt with under the authority; and (f) for an authorised animal (category B) or (category C)—identify each authorised enclosure for the animal; and (g) state the way in which an authorised animal is authorised to be exhibited, including, for example— (i) allowing members of the public to enter an authorised enclosure and view the animal in a stated way; or Example— allowing members of the public to enter a safari park in motor vehicles and view an authorised animal from within the vehicles (ii) exhibiting the animal outside an authorised enclosure in a stated way; and Example of a stated way— allowing members of the public to handle an animal under the direct supervision of a responsible person for the animal (h) state the special conditions of the authority; and (i) state the term of the authority; and (j) include the approved management plan for the authority. (2) For subsection (1)(b) to (g), an exhibited animal authority may identify or state a matter by reference to a matter identified or stated in the approved management plan for the authority. 65 Additional content for exhibition licence (1) In addition to the matters mentioned in section 64, an exhibition licence must identify— (a) for an authorised animal (category A)—each authorised type of enclosure mentioned in section 64(1)(e) that is an authorised type of regular enclosure for the animal; and (b) for an authorised animal (category B) or (category C)— each authorised enclosure mentioned in section 64(1)(f) that is a regular enclosure for the animal; and (c) each regular enclosure site under the licence for a regular enclosure. Note— See sections 71 and 73 for particular mandatory conditions relating to regular enclosures and regular enclosure sites. (2) For subsection (1)(a) to (c), an exhibition licence may identify a matter by reference to a matter identified or stated in the approved management plan for the licence. (3) If the exhibition licence has been amended by granting a special exhibition approval for an authorised animal (category C2), the exhibition licence must include the special exhibition approval. 66 Additional content of interstate exhibitors permit In addition to the matters mentioned in section 64, an interstate exhibitors permit must identify the primary authority for the permit. 67 Temporary authority may include other matters (1) A temporary authority may include any other provision of the previous authority for the temporary authority. (2) A temporary authority complies with section 64(1)(a) to (g) (each a relevant paragraph) if the temporary authority includes a provision of the previous authority complying with the relevant paragraph. Division 2 Term 68 Term of exhibited animal authority (1) An exhibited animal authority remains in force, unless sooner suspended or cancelled, for the term decided by the chief executive and stated in the authority. (2) However, the term of an exhibition licence must not be more than 3 years. (3) Also, the term of an interstate exhibitors permit— (a) must not be more than 1 year; and (b) must not extend beyond the end of the term of the primary authority for the permit. Part 7 Authority conditions Division 1 Mandatory conditions—all authorities 69 Mandatory conditions of exhibited animal authority (1) Each of the following is a condition of an exhibited animal authority— (a) each particular authorised animal or animal of each species of authorised animal must be supplied with an authorised enclosure suitable for the animal's use; (b) no animal may be exhibited or dealt with in an authorised enclosure other than an animal authorised under the authority to be exhibited or dealt with in the enclosure; (c) an authorised animal must, to the greatest extent practicable, have the use of the entire enclosure in which it is exhibited or kept; (d) an authorised animal may be exhibited and dealt with only in a way authorised under the authority and consistent with the approved management plan for the authority; (e) if an authorised animal is authorised to be exhibited outside an authorised enclosure, whether inside or outside a controlled area, the animal must be under the immediate control of a responsible person for the animal while it is so exhibited; (f) if an authorised animal is authorised to be dealt with outside an authorised enclosure and a controlled area, the animal must be under the immediate control of a responsible person for the animal while it is so dealt with; (g) if an animal is authorised to be exhibited or dealt with in premises or a part of premises used for residential purposes and occupied by the authority holder, the holder must consent to an inspector entering the premises or part (at any reasonable time but on written or oral notice of at least 1 hour) to inspect an authorised animal or enclosure to monitor compliance with this Act; (h) while an authorised animal is being exhibited, an exhibition notice must be displayed in a prominent position so it is easily visible to persons attending the place where the animal is exhibited; (i) an authorised animal with visible signs of serious illness or injury may be exhibited only if information about the nature and cause, or suspected nature and cause, of the illness or injury is made available to persons viewing the animal; Examples of making information available for paragraph (i)— • showing the information in a sign placed in a prominent position near the enclosure in which the animal is exhibited • arranging for a competent person to explain the nature and cause of the illness or injury to persons viewing the animal (j) an occurrence of serious aggressive behaviour of a particular authorised animal must not be disclosed to a member of the public for an advertising, marketing or promotional purpose; (k) the reproduction of an authorised animal that is not native wildlife must be managed in accordance with the approved management plan for the authority; (l) any other condition prescribed by regulation. (2) To remove any doubt, it is declared that subsection (1)(a) to (c) does not prevent more than 1 authorised animal being exhibited or dealt with in the same enclosure. (3) In this section— exhibition notice, for exhibiting an authorised animal, means a notice stating— (a) the name and contact details, other than a residential address, of the authority holder; and (b) the term of the authority. serious aggressive behaviour means behaviour that has caused the death of, or serious injury or illness to or of, a person. Division 2 Mandatory conditions—exhibition licences Subdivision 1 Preliminary 70 Application of div 2 This division states further conditions that apply to an exhibition licence. Subdivision 2 Exhibiting and keeping authorised animals generally 71 Particular conditions about regular enclosures Each of the following is also a condition of an exhibition licence— (a) an authorised animal must remain in a regular enclosure for the animal, other than to the extent (if any) the licence authorises the animal to be exhibited or dealt with outside the enclosure; (b) each regular enclosure for an authorised animal must remain at a regular enclosure site under the licence, other than to the extent (if any) the licence authorises the enclosure to be located elsewhere; (c) each regular enclosure site under the licence must be located at premises of which the licence holder is the occupier. 72 Keeping authorised animal It is a condition of an exhibition licence that an authorised animal must be kept under the licence for at least 1 month, unless the chief executive gives written approval for the earlier disposal of the animal. 73 Exhibiting authorised animal (category C2) It is a condition of an exhibition licence that an authorised animal (category C2) may be exhibited only at— (a) a regular enclosure for the animal at a regular enclosure site under the licence; or (b) a place outside a regular enclosure site under the licence but within a controlled area including a regular enclosure for the animal at the site; or (c) another place, but only if the exhibition is authorised under a special exhibition approval included in the licence. Note— See sections 65(3) and 265. Subdivision 3 Minimum exhibition periods 74 Application of sdiv 3 This subdivision applies to an exhibition licence subject to any other condition of the licence about the way in which the animal is to be exhibited. 75 Minimum number of occasions for exhibiting authorised animal (category B) (1) This section applies to exhibiting an authorised animal (category B) whether identified in an exhibition licence as a particular animal or only as an animal of a species. Note— See also section 265. (2) It is a condition of the licence that at least 1 authorised animal of the species must be exhibited in each calendar month (the relevant month) during the term of the exhibition licence. (3) However, the condition is taken to have been complied with if at least 1 authorised animal of the species has been exhibited— (a) on a combined total of at least 12 separate occasions in the year (the preceding year) ending immediately before the relevant month; or (b) if animals of the species have been kept under the licence for only part of the preceding year (the interim period)—on a combined total number of separate occasions at least equal to the number of whole calendar months in the interim period. Example for paragraph (b)— Authorised animals (category B) of a species have been kept under an exhibition licence for 6 months and 10 days in the preceding year and exhibited on 6 separate occasions in that period. The condition is taken to have been complied with. (4) Despite section 13(2)(a), the display of an animal at a private event is not an exhibition of the animal for subsection (2) or (3) if the animal is displayed at a regular enclosure site under the licence. (5) Also, despite section 13(3), a responsible person for an authorised animal recording the animal's image is not an exhibition of the animal for subsection (2) or (3) unless the recording is by way of filming for a film or television production in the form of a story, narrative or documentary. (6) In this section— separate occasion, for exhibiting an animal, means— (a) if the animal is exhibited more than once on a particular day to audiences not consisting substantially of the sa