South Australia: Animal Welfare Act 2025 (SA)

South Australia Animal Welfare Act 2025 An Act to provide for the protection of animal welfare and the prevention of harm to animals, to make related amendments to the Criminal Law Consolidation Act 1935, the Dog and Cat Management Act 1995, the Sentencing Act 2017 and the Veterinary Services Act 2023, to repeal the Animal Welfare Act 1985 and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Application of Act 5 Principles and objects of Act Part 2—Animal welfare offences 6 General duty of care 7 Ill treatment of animals etc 8 Causing death or serious harm etc to working animals 9 Prohibited activities 10 Possession of certain items prohibited 11 Electrical devices not to be used in contravention of regulations 12 Jumps racing prohibited 13 Special requirements for greyhound racing entities 14 Exemption for fishing activities etc Part 3—Advisory committees etc 15 Establishment of committees by Minister 16 Conflict of interest Part 4—Licences, permits and registered activities Division 1—Licences for prescribed activities 17 Requirement to hold licence 18 Classes of licence 19 Application for and grant of licence 20 Nomination of responsible person for compliance 21 Conditions of licence 22 Term and renewal of licence 23 Licensee to notify change of particulars etc 24 Cancellation, suspension or surrender of licence Division 2—Permits 25 Permits for prescribed activities and items Division 3—Registered activities 26 Interpretation 27 Activities that must be registered 28 Minister may maintain registers 29 Registration 30 Nomination of responsible person for compliance 31 Conditions of registration 32 Term and renewal of registration 33 Animal ethics committees 34 Applicant to notify change of particulars etc Part 5—Enforcement Division 1—Authorised officers Subdivision 1—Appointment and identification of authorised officers 35 Appointment of authorised officers 36 Identification of authorised officers Subdivision 2—Powers of authorised officers 37 General powers 38 Provisions relating to seizure of things other than animals 39 Routine inspections 40 Animal welfare notices 41 Notice to comply 42 Offence to hinder etc authorised officers Division 2—Enforceable undertakings 43 Enforceable undertakings Division 3—Special powers relating to animals 44 Powers are additional 45 Special powers to protect animal welfare 46 Seizure and forfeiture following noncompliance with notice 47 Seizure and forfeiture following noncompliance with undertaking 48 Dealing with seized animals 49 Costs Division 4—Court orders 50 Interim orders 51 Court orders on finding of guilt etc 52 Compensation and other costs—working animals Division 5—Miscellaneous 53 Warrant procedures 54 Self‑incrimination Part 6—Reviews 55 Reviews by Minister 56 Reviews by SACAT 57 Reviews of decisions of animal ethics committees Part 7—Animal Welfare Fund 58 Animal Welfare Fund Part 8—Miscellaneous 59 Registration of interstate orders 60 Arrangements for exchange of information etc 61 Delegation 62 Exemptions 63 Waiver, reduction or refund of fees 64 False or misleading statements 65 Power of veterinarians to destroy animals 66 Power to provide food etc to neglected animals 67 Service of notices and documents 68 Proceedings for summary offences 69 Proceedings for indictable offences 70 Offences by bodies corporate 71 Continuing offences 72 Vicarious liability of employers in certain circumstances 73 Evidence 74 Codes 75 Act does not render unlawful practices that are in accordance with prescribed code of practice 76 Reports in respect of alleged contraventions 77 Obstruction of report of alleged contraventions 78 Victimisation 79 Regulations and fee notices 80 Review of Act Schedule 1—Related amendments and repeals Part 1—Amendment of Criminal Law Consolidation Act 1935 1 Amendment of section 20AA—Causing harm to, or assaulting, certain emergency workers etc 2 Repeal of Part 3C Part 2—Amendment of Dog and Cat Management Act 1995 3 Amendment of section 59D—Power to destroy dogs 4 Amendment of section 60—Power to seize and detain dogs 5 Amendment of section 63—Power to destroy cats 6 Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part Part 3—Amendment of Sentencing Act 2017 7 Insertion of section 26A 26A Additional orders for offences involving animals Part 4—Amendment of Veterinary Services Act 2023 8 Amendment of section 50—Veterinary services must be provided at registered premises 9 Amendment of section 51—Offence to carry on certain businesses other than at registered premises Part 5—Repeal of Animal Welfare Act 1985 10 Repeal of Act and regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Animal Welfare Act 2025. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act. 3—Interpretation In this Act— animal means— (a) a member of any species of the subphylum vertebrata other than a human being; or (b) a member of the class cephalopoda if it is being supplied, kept or used for scientific purposes; or (c) a prescribed animal or a prescribed animal kept or used in prescribed circumstances, but does not include an embryo, foetus, larva or other early developmental stage of an animal except as prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) or set out in a prescribed code of practice; animal ethics committee—see Part 4 Division 3; animal welfare notice means a notice given by an authorised officer under section 40; animal welfare order means an order of a court under Part 5 Division 4; authorised officer means— (a) a police officer; or (b) a person holding an appointment as an authorised officer under Part 5; Code means the Australian code for the care and use of animals for scientific purposes published by the National Health and Medical Research Council, as amended from time to time; enforceable undertaking—see Part 5 Division 2; harm means any form of damage, pain, suffering or distress (including unconsciousness), whether arising from injury, disease or any other condition; notice to comply means a notice given by an authorised officer under section 41; owner includes— (a) in relation to an animal—a person who has the custody, care, control or management of the animal; and (b) in relation to real or personal property—a person entitled to possession of the property; premises means any land, building or structure (including a moveable building or structure); registered activity means an activity registered under Part 4 Division 3; scientific purposes, in relation to an animal— (a) means all activities conducted with the aim of acquiring, developing or demonstrating knowledge or techniques in all areas of science, including teaching, field trials, environmental studies, research (including the creation and breeding of a new animal line where the impact on animal wellbeing is unknown or uncertain), diagnosis, product testing and the production of biological products; or (b) if there is an inconsistency between paragraph (a) and the definition of scientific purposes in the Code—has the same meaning as in the Code; serious harm means— (a) harm that endangers an animal's life; or (b) harm that results in an animal being so severely injured, so diseased or in such physical condition that it would be cruel not to destroy the animal; or (c) harm that consists of, or results in, serious and protracted impairment of a physical or mental function; vehicle includes an aircraft, a vessel, a caravan, a trailer and anything attached to a vehicle; veterinarian has the same meaning as in the Veterinary Services Act 2023. 4—Application of Act This Act is in addition to, and does not derogate from, any other Act or law. 5—Principles and objects of Act (1) Animals are recognised as living beings that can feel, perceive, and experience positive and negative states. (2) The owners of animals have a duty of care in respect of those animals. (3) The objects of this Act are— (a) to protect the welfare of animals; and (b) to take a proactive approach in preventing harm to, and the ill treatment of, animals; and (c) to improve the level of community awareness about the responsibilities of animal ownership; and (d) to ensure the Minister receives appropriate advice in relation to animal welfare matters. Part 2—Animal welfare offences 6—General duty of care (1) The owner of an animal must provide the animal with appropriate and adequate food, water and living conditions (whether temporary or permanent). Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. (2) The owner of an animal must take all reasonable and practicable measures to prevent or minimise harm to the animal. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. (3) The regulations may prescribe specific care requirements for particular animals, particular classes of animals or animals in particular circumstances and, in such a case, breach of the prescribed care requirements will be taken to constitute an offence against this section of a kind designated by the regulations. (4) It is a defence to a charge of an offence against this section for the owner to prove that they were acting in accordance with a prescribed code of practice. 7—Ill treatment of animals etc (1) If— (a) a person ill treats an animal; and (b) the ill treatment causes the death of, or serious harm to, the animal; and (c) the person intends to cause the death of, or serious harm to, the animal, the person is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$1 000 000; (b) in the case of an individual—$250 000 or imprisonment for 10 years. (2) If— (a) a person ill treats an animal; and (b) the ill treatment causes the death of, or serious harm to, the animal; and (c) the person is reckless about causing the death of, or serious harm to, the animal, the person is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$750 000; (b) in the case of an individual—$175 000 or imprisonment for 7 years. (3) A person who ill treats an animal is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$100 000 or imprisonment for 5 years. (4) Without limiting the generality of subsection (1), (2) or (3), a person ill treats an animal if the person— (a) intentionally, unreasonably or recklessly causes the animal unnecessary harm; or (b) being the owner of the animal— (i) fails to take reasonable steps to mitigate harm suffered by the animal; or (ii) abandons the animal; or (iii) causes the animal harm by neglecting the animal (including, for example, by failing to provide the animal with appropriate, and adequate, food, water, living conditions (whether temporary or permanent) or exercise); or (c) having caused the animal harm (not being an animal of which that person is the owner), fails to take reasonable steps to mitigate the harm; or (d) causes the animal to be killed or injured by another animal; or (e) kills the animal in a manner that causes the animal unnecessary pain; or (f) unless the animal is unconscious, kills the animal by a method that does not cause death to occur as rapidly as possible; or (g) carries out a medical or surgical procedure on the animal in contravention of the regulations; or (h) ill treats the animal in any other manner prescribed by the regulations for the purposes of this section. (5) A person charged with an offence against subsection (1) (the aggravated offence) may be convicted of an offence against subsection (2) or (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established. (6) A person charged with an offence against subsection (2) (the aggravated offence) may be convicted of an offence against subsection (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established. (7) It is a defence to a charge of an offence against subsection (3) if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. (8) For the purposes of this section, a person abandons an animal if the person relinquishes care or charge of the animal without ensuring that another person has, or will immediately take, care or charge of the animal, including by— (a) deliberately abandoning the animal at a place; or (b) intentionally allowing the animal to escape; or (c) inappropriately releasing the animal into the wild. (9) In this section— cause—a person's act or omission causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm. 8—Causing death or serious harm etc to working animals (1) A person who, by an intentional act, causes the death of, or serious harm to, a working animal is guilty of an offence. Maximum penalty: $500 000 or imprisonment for 10 years. (2) Subsection (1) does not apply to the death of a working animal, or the causing of serious harm to a working animal, that occurs in the following circumstances: (a) where the death or serious harm is caused in the course of the provision of veterinary treatment to the working animal; (b) where the death occurs under section 65; (c) where the death or serious harm is caused by, or with the consent of, the owner of the working animal or a person assisting the owner; (d) where the death or serious harm occurs in the course of training the animal to perform its working function; (e) where the death or serious harm occurs pursuant to an order under section 50 of the Dog and Cat Management Act 1995; (f) where the death occurs under section 63 of the Dog and Cat Management Act 1995; (g) any other circumstances prescribed by the regulations. (3) In proceedings for an offence against subsection (1), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that an animal the subject of the charge was a working animal. (4) In proceedings for an offence against subsection (1), a defence that would, but for this subsection, be available to the defendant under subsection (1) will be taken not to be available to a defendant if— (a) the working animal the subject of the charge is a police dog, police horse or a correctional services dog; and (b) the death or serious harm occurs in the course of, or is related to— (i) the commission of an offence by the defendant or a person in the company of the defendant; or (ii) the defendant taking steps to avoid being taken into, or to escape from, lawful custody; or (iii) the defendant resisting another who is exercising a power in the course of their official duties or functions. (5) In proceedings for an offence against subsection (1), the prosecution need not prove that the defendant knew that their act would cause death or serious harm to the working animal, or to a particular working animal. (6) This section is in addition to, and does not derogate from the other provisions of this Part. (7) In this section— accredited assistance dog means— (a) a dog accredited as an assistance dog under section 21 of the Dog and Cat Management Act 1995; or (b) a dog accredited as an assistance dog (however described) under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; cause—a person's act causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm; correctional services dog has the same meaning as in the Correctional Services Act 1982; police dog means a dog (including a drug detection dog within the meaning of the Controlled Substances Act 1984) that— (a) has completed training of a kind approved by the Commissioner of Police; and (b) is used by, or to assist, police officers in the performance of their official duties and functions; police horse means a horse that— (a) has completed training of a kind approved by the Commissioner of Police; and (b) is used by, or to assist, police officers in the performance of their official duties and functions; serious harm, in relation to a working animal, includes harm that results in the animal being unable to satisfactorily perform its working function; Note— See also the definition in section 3. working animal means— (a) a police dog; or (b) a police horse; or (c) a correctional services dog; or (d) an accredited assistance dog; working function, of a working animal, means the function or functions for which the animal has been trained and is ordinarily used (whether or not the working animal also performs other functions). 9—Prohibited activities (1) A person must not take part in a prohibited activity. Maximum penalty: (a) in the case of a body corporate—$1 000 000; (b) in the case of an individual—$250 000 or imprisonment for 10 years. (2) A person must not be present in a place at which a prohibited activity is occurring. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$100 000 or imprisonment for 5 years. (3) For the purposes of subsection (2), if a person is present in a place at which a prohibited activity has occurred within the preceding 2 hours, the person will, in the absence of proof to the contrary, be taken to have been at the place at the time the prohibited activity occurred. (4) In proceedings for an offence against subsection (2), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that a prohibited activity was occurring in the place. (5) For the purposes of this section, the following are prohibited activities: (a) organised animal fights; (b) live baiting; (c) releasing an animal from captivity for the purpose of it then being hunted or killed (whether by a person or otherwise); (d) selling or supplying an animal to a person for the purpose of the animal being used in an activity referred to in a preceding paragraph; (e) keeping or preparing an animal for the purpose of using the animal in an activity referred to in a preceding paragraph; (f) any other act or activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited activity. (6) For the purposes of this section, a person takes part in a prohibited activity if the person does 1 or more of the following: (a) organises the prohibited activity; (b) promotes the prohibited activity; (c) allows the prohibited activity to occur on premises, or in a place, owned or occupied by the person; (d) knowingly provides an animal or other thing used, or intended for use, in relation to the prohibited activity; (e) undertakes, without lawful excuse, any other activity relating to the prohibited activity. (7) For the purposes of this section, a reference to a part of an animal does not include a reference to a part of an animal that has been processed such that it no longer resembles a part of the relevant kind. Note— For example, the skin of an animal which has been processed into a leather product. (8) In this section— live baiting means an activity in which— (a) a live animal is introduced into an area for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals; or (b) the carcass or any part of an animal is introduced into an area or moved around an area (or both) for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals, but does not include an activity declared by the regulations to be excluded from the ambit of this definition; organised animal fight means an event in which an animal is encouraged to fight with another animal. 10—Possession of certain items prohibited (1) A person must not, without the approval of the Minister, have in their possession or control a prohibited item. Maximum penalty: (a) in the case of a body corporate—$1 000 000; (b) in the case of an individual—$250 000 or imprisonment for 10 years. (2) For the purposes of this section, the following are prohibited items: (a) a cock‑fighting spur; (b) an implement, article or other thing made or adapted for attachment to an animal— (i) for the purpose of training the animal to fight another animal; or (ii) for the purpose of inciting or assisting the animal to fight another animal or to inflict injury on another animal during a fight; or (iii) for the purpose of protecting the animal in a fight with another animal; (c) a drug (not being a drug supplied on the prescription of, and given to an animal in accordance with the directions of, a veterinarian) to be administered to an animal for the purpose of inciting or assisting the animal to fight another animal, or to inflict injury on another animal during a fight; (d) a lure or bait (however described) consisting of or including the carcass or any part of an animal and used, or intended to be used, for the purpose of live baiting (within the meaning of section 9); (e) any other implement, article or thing prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited item. (3) For the purposes of subsection (2)(d), a reference to a part of an animal does not include a reference to a part of an animal that has been processed such that it no longer resembles a part of the relevant kind. Note— For example, the skin of an animal which has been processed into a leather product. 11—Electrical devices not to be used in contravention of regulations (1) A person must not, for the purpose of confining or controlling an animal, place on the animal or use an electrical device in contravention of the regulations. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. (2) In this section— electrical device means any of the following devices designed for the purpose of confining or controlling an animal: (a) an electrical prod or goad; (b) a collar designed to impart an electric shock; (c) an electroimmobiliser; (d) any other electrical device prescribed by the regulations; electroimmobiliser means an electrical device designed to temporarily immobilise an animal. 12—Jumps racing prohibited (1) A person must not organise, promote or participate in, or participate in organising or promoting, jumps racing. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$100 000 or imprisonment for 5 years. (2) However, nothing in subsection (1) prevents a person from— (a) organising, promoting or participating in, or participating in organising or promoting, equestrian eventing, show jumping or a cross‑country event; or (b) jumping a horse, or requiring a person to jump a horse, over an obstacle other than in the course of a horse race; or Example— Training or preparation of a horse that includes jumping an obstacle. (c) publishing the field of horses competing in jumps racing held in another State or a Territory, or overseas; or (d) advertising jumps racing held in another State or a Territory, or allowing images or audio of such racing to be shown or heard. (3) In this section— jumps racing means a steeplechase or hurdle race involving the racing of horses. 13—Special requirements for greyhound racing entities (1) A person must, if— (a) the person suspects on reasonable grounds that an offence against this Part is being committed; and (b) that suspicion is formed in the course of the person's employment with a prescribed greyhound racing entity, report that suspicion to the Minister in a manner prescribed by the regulations. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (2) However, a person need not report a suspicion under subsection (1)— (a) if the person believes on reasonable grounds that another person has reported the matter in accordance with that subsection; or (b) if the person's suspicion was due solely to having been informed of the circumstances that gave rise to the suspicion by an authorised officer acting in the course of their official duties; or (c) in any other circumstances prescribed by the regulations for the purposes of this subsection. (3) The duty under subsection (1) is in addition to, and does not derogate from, any other duties of a person under this or any other Act or law. (4) For the purposes of this section, a person is an employee of a prescribed greyhound racing entity if the person carries out work— (a) under a contract for services for a prescribed greyhound racing entity; or (b) as a volunteer for a prescribed greyhound racing entity; or (c) of a prescribed kind, or in prescribed circumstances, for a prescribed greyhound racing entity, and a reference to something occurring in the course of the person's employment is to be construed accordingly. (5) In this section— prescribed greyhound racing entity means— (a) Greyhound Racing SA; or (b) any entity prescribed by the regulations that is involved in, or that otherwise supports or operates in connection with, greyhound racing activities (whether those activities are conducted in this State or elsewhere). 14—Exemption for fishing activities etc (1) Aquaculture and fishing activities (whether recreational, traditional or commercial) will not constitute an offence against this Part provided that such activities are done in compliance with the relevant legislation and do not involve any acts that are prescribed, in relation to aquaculture or fishing activities, as ill treatment of an animal for the purposes of section 7(4)(h). (2) In this section— relevant legislation means— (a) in relation to aquaculture—the Aquaculture Act 2001; and (b) in relation to fishing—the Fisheries Management Act 2007. Part 3—Advisory committees etc 15—Establishment of committees by Minister (1) The Minister may establish— (a) an Animal Welfare Advisory Committee; and (b) such other committees as the Minister thinks fit. (2) Subject to subsection (3), the Minister— (a) may appoint such members of a committee as the Minister thinks fit; and (b) must not appoint a person as a member of a committee unless the Minister is of the opinion that the person has experience, skills or qualifications relevant to the functions of the committee, including experience, skills or qualifications of a kind prescribed by the regulations. (3) The Animal Welfare Advisory Committee established by the Minister under this Part must consist of members appointed by the Minister who, in the opinion of the Minister— (a) have a balance of experience, skills or qualifications in respect of the following: (i) animal welfare; (ii) enforcement of any relevant legislation; (iii) livestock production and management; (iv) fishing or aquaculture; (v) wildlife management; (vi) veterinary science; (vii) scientific use of animals; (viii) government administration; (ix) other experience, skills or qualifications as determined by the Minister; and (b) have an understanding of community attitudes and expectations relating to animal welfare, and at least 1 member must be a person representing the agency that is primarily responsible for the enforcement of this Act. (4) The Minister may suspend or remove a member of a committee from office for any reason the Minister thinks fit. (5) The Minister will determine who will be the presiding member of a committee. (6) A member of a committee holds office on terms and conditions determined by the Minister. (7) A member of a committee is entitled to receive such allowances and expenses as the Minister may from time to time determine. (8) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as prescribed by the regulations; or (b) insofar as the procedure is not prescribed by the regulations—as approved by the Minister. (9) The Minister may confer on a committee 1 or more of the following functions: (a) to provide advice to the Minister in relation to any matters referred to the committee by the Minister; (b) to provide advice to the Minister in relation to the disbursement of the Animal Welfare Fund; (c) to review any matters referred to the committee by the Minister; (d) to arbitrate or otherwise deal with complaints referred to the committee by the Minister; (e) to carry out assessments, in particular where systemic animal welfare issues are suspected, and provide advice on enforcement and compliance actions; (f) to perform such other functions as may be prescribed by the regulations. (10) If the Public Sector (Honesty and Accountability) Act 1995 would not, apart from this section, apply to a member of a committee, that Act applies to the member in the same way as to an advisory body member within the meaning of that Act. (11) In this section— relevant legislation means this Act, the former Animal Welfare Act 1985, the Livestock Act 1997, the Fisheries Management Act 2007 or any other Act determined by the Minister to be relevant to the functions of the Animal Welfare Advisory Committee. 16—Conflict of interest A member of a committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with primary production generally, animal welfare organisations generally, veterinary practice generally or medical or biological research generally, or a substantial section of those engaged in or associated with any of those fields. Part 4—Licences, permits and registered activities Division 1—Licences for prescribed activities 17—Requirement to hold licence (1) Subject to subsection (2), a person must not undertake a prescribed activity unless the person holds a licence under this Division authorising the activity. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (2) An employee is not required to hold a licence under this Division in respect of anything done in the course of employment by a person who holds a licence under this Division. (3) In this section— prescribed activity means any of the following: (a) breeding and supplying an animal for scientific purposes; (b) keeping or using an animal for scientific purposes; (c) an activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)). 18—Classes of licence (1) For the purposes of this Act (but subject to subsection (2)), licences are divided into the following classes: (a) animal supplier's licence—a licence authorising the breeding and supplying of animals for scientific purposes; (b) animal use licence—a licence authorising the keeping and use of animals for scientific purposes. (2) The regulations may— (a) prescribe additional classes of licence; and (b) divide a class of licence into subclasses; and (c) prescribe the persons or organisations, or classes or groups of persons or organisations, to which licences, or any classes or subclasses of licences, may be granted. 19—Application for and grant of licence (1) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, grant or refuse to grant a licence under this Division. (2) An application for a licence must— (a) be made in a manner and form determined by the Minister; and (b) identify the activity for which the licence is being sought in a manner determined by the Minister; and (c) be accompanied by such information or documents as may be required by the Minister; and (d) be accompanied by the prescribed fee or fees. 20—Nomination of responsible person for compliance (1) If an application for a licence is made by an applicant who is not an individual, the application must nominate to the Minister an individual (the responsible person) who will be also be responsible for complying with all conditions of, and any obligations under, the licence. (2) If the licensee or any other person commits an offence against this Act in relation to the licence or the prescribed activity under the licence, the responsible person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the responsible person proves that— (a) they could not, by the exercise of reasonable diligence, have prevented the commission of the offence; or (b) they took all reasonable and practicable measure to prevent the commission of the offence. 21—Conditions of licence (1) A licence under this Division is subject to such conditions as the Minister thinks fit and specifies in the licence. (2) Without limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions requiring the licensee— (a) to establish an animal ethics committee, or undertake another registered activity, in accordance with Division 3; and (b) to consult with an animal ethics committee in relation to specified matters; and (c) to obtain the approval of an animal ethics committee before— (i) acquiring animals for scientific purposes; or (ii) using animals for scientific purposes; and (d) to provide an animal ethics committee with such information in relation to scientific purposes involving animals as the animal ethics committee may request; and (e) to answer such questions in relation to scientific purposes involving animals as may be put by an animal ethics committee; and (f) to comply with such provisions of the Code as may be specified in the conditions; and (g) to submit annual reports containing specified details within specified timeframes; and (h) to provide information required by the Minister. (3) The Minister may, on the Minister's own initiative or on the application of a licensee and payment of the prescribed fee, by written notice to the licensee, amend or revoke a condition of a licence or impose a further condition. (4) A person who contravenes a designated condition of a licence is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of an individual—$10 000. Expiation fee: $500. (5) A person who contravenes a condition of a licence, other than a designated condition, is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. (6) In this section— designated condition—a condition of a licence is a designated condition for the purposes of this section if— (a) the condition is of a kind prescribed by the regulations as designated conditions; or (b) the licence specifies that the condition is a designated condition for the purposes of this section. 22—Term and renewal of licence (1) Subject to this Act, a licence remains in force— (a) in the case of a licence granted other than by way of renewal of a licence—for a period of 12 months commencing on the day on which the licence is granted; or (b) in the case of a licence granted by way of renewal of a licence—for such period (not exceeding 5 years) as is stated in the licence commencing on the day on which the previous licence is due to expire. (2) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, renew or refuse to renew a licence. (3) An application for the renewal of a licence must— (a) be made in a manner and form determined by the Minister; and (b) be delivered to the Minister not less than 1 month before the licence is due to expire; and (c) be accompanied by such information or documents as may be required by the Minister; and (d) be accompanied by the prescribed application fee. (4) The Minister may, if the Minister thinks fit and on payment of the prescribed late application fee, renew a licence despite the fact that the application for renewal was delivered out of time. (5) If an application for the renewal of a licence is not decided before the day on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal is taken to have commenced on the day on which the licence would, but for this subsection, have expired. 23—Licensee to notify change of particulars etc (1) A licensee must, within 14 days after a change in any prescribed particulars in relation to the licensee, give the Minister written notice of the change. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of an individual—$10 000. Expiation fee: $500. (2) A licensee must, within 14 days after a change in any prescribed particulars in relation to, or in who is, the responsible person for a licence nominated in accordance with section 20, give the Minister written notice of the change. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. (3) In this section— prescribed particulars, in relation to a licensee or responsible person, means— (a) any address for service or other email address, telephone number or street or postal address provided by the licensee to the Minister for purposes connected with the licence; or (b) any other particulars of a kind prescribed by the regulations. 24—Cancellation, suspension or surrender of licence (1) The Minister may, by written notice to the licensee, cancel a licence or suspend a licence for a specified period— (a) if the licensee contravenes this Act or a condition of the licence; or (b) in prescribed circumstances. (2) A licensee may, with the approval of the Minister, surrender the licence. (3) The Minister may approve the surrender of a licence either unconditionally or subject to such conditions as the Minister thinks fit. (4) If a licence is cancelled, suspended or surrendered under this section, the licensee is not entitled to any refund in respect of fees paid by the licensee for the licence. Division 2—Permits 25—Permits for prescribed activities and items (1) A person must not organise, conduct, promote or participate in a prescribed activity without a permit under this section. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (2) A person must not have in their possession or control a prescribed item without a permit under this section. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (3) An application for a permit must— (a) be made to the Minister; and (b) be made in the prescribed manner and in a form approved by the Minister; and (c) be accompanied by such information or documents as may be required by the Minister; and (d) be accompanied by the prescribed fee. (4) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, grant or refuse to grant a permit under this section. (5) The term for which a permit is issued under this section and the conditions (if any) on which the permit is granted must be specified in the permit. (6) The Minister may, by written notice to the holder of the permit, amend or revoke a condition of a permit or impose a further condition. (7) A person who contravenes a condition of a permit under this section is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. (8) The Minister may cancel, or suspend for a specified period, a permit issued under this section by written notice to the holder of the permit. Division 3—Registered activities 26—Interpretation In this Division— applicant—see section 29(1); presiding member, in relation to an animal ethics committee, means— (a) the member of the committee appointed to be the chairperson of the committee in accordance with the Code; or (b) a member of the committee from time to time acting as the chairperson of the committee. 27—Activities that must be registered (1) A person must not conduct an activity to which this Division applies unless registered in accordance with this Division. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (2) This Division applies to the following activities: (a) the establishment and operation of an animal ethics committee for the purposes of approving any activities of a licensee; (b) an activity of a kind prescribed by regulation (after consultation undertaken in compliance with section 79(4)). 28—Minister may maintain registers (1) The Minister may maintain 1 or more registers for the purposes of this Division. (2) A register— (a) may be maintained in a manner determined by the Minister; and (b) may be made wholly or partly available for public inspection on a website determined by the Minister. 29—Registration (1) A person (the applicant) may apply to the Minister for registration in accordance with this section. (2) An application for registration must— (a) be made in a manner and form determined by the Minister; and (b) identify the activity for which registration is being sought in a manner determined by the Minister; and (c) be accompanied by such information or documents as may be required by the Minister; and (d) be accompanied by the prescribed application fee. 30—Nomination of responsible person for compliance (1) If the applicant is not an individual, the application must nominate to the Minister an individual (the responsible person) who will also be responsible for complying with all conditions of the registration and any legal requirements applicable to the registered activity. (2) If the applicant or any other person commits an offence against this Act in relation to the registration or the registered activity, the responsible person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the responsible person proves that— (a) they could not, by the exercise of reasonable diligence, have prevented the commission of the offence; or (b) they took all reasonable and practicable measure to prevent the commission of the offence. 31—Conditions of registration (1) The Minister may register an activity subject to such conditions as the Minister thinks fit and specifies in the register maintained under section 28. (2) Without limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions requiring the applicant— (a) to conduct an independent external review within a specified timeframe; and (b) to submit annual reports containing specified details within specified timeframes; and (c) to provide information required by the Minister. (3) The Minister may, on the Minister's own initiative or on the application of a person and payment of the prescribed fee, by written notice to the applicant, amend or revoke a condition of a registration or impose a further condition. (4) An applicant who contravenes a condition of a registration is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. 32—Term and renewal of registration (1) Registration of an activity remains in force for a period determined by the Minister (but not exceeding 5 years) and may be renewed in accordance with this section. (2) The Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, renew or refuse to renew the registration of an activity. (3) An application for the renewal of registration must— (a) be made in a manner and form determined by the Minister; and (b) be delivered to the Minister not less than 1 month before the registration is due to expire; and (c) be accompanied by such information or documents as may be required by the Minister; and (d) be accompanied by the prescribed application fee. (4) The Minister may, if the Minister thinks fit and on payment of the prescribed late application fee, renew a registration despite the fact that the application for renewal was delivered out of time. (5) If an application for renewal of registration is not decided before the day on which the renewal is due to expire, the applicant may continue the registered activity until the application is decided and, if the registration is renewed, the renewal is taken to have commenced on the day on which the registration would, but for this subsection, have expired. 33—Animal ethics committees (1) An animal ethics committee will consist of at least 4 members appointed in compliance with the Code. (2) The applicant must ensure that the Minister is advised of the name and address of the presiding member of the animal ethics committee. Maximum penalty: $20 000. Expiation fee: $500. (3) Subject to this section, the functions of an animal ethics committee are— (a) to ensure that animals used for scientific purposes are treated humanely and that the regulations relating to such purposes are complied with; and (b) to approve the use of animals for scientific purposes proposed by the holder of a licence; and (c) to approve the acquisition, by the holder of a licence, of animals for scientific purposes; and (d) to furnish annual reports in accordance with the regulations; and (e) such other functions as are prescribed by the Code or the regulations. (4) An animal ethics committee may not approve the use of an animal for scientific purposes, or the acquisition of an animal for such purposes, unless it is satisfied that— (a) the use of the animal is essential for the particular purpose; and (b) the person who proposes to use the animal has appropriate experience and qualifications. (5) Subject to this Act, an animal ethics committee must perform its functions and conduct its business in compliance with the Code. (6) If an animal ethics committee refuses or fails to perform its functions and conduct its business in compliance with this Act and the Code— (a) the applicant who applied for registration in relation to the animal ethics committee; and (b) the responsible person (if any) under section 30; and (c) each member of the animal ethics committee, will be guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (7) It is a defence to a charge of an offence against subsection (6) if the defendant proves that— (a) they could not, by the exercise of reasonable diligence, have prevented the commission of the offence; or (b) they took all reasonable and practicable measures to prevent the commission of the offence. 34—Applicant to notify change of particulars etc (1) An applicant must, within 14 days after a change in any prescribed particulars in relation to the applicant, give the Minister written notice of the change. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of an individual—$10 000. Expiation fee: $500. (2) An applicant must, within 14 days after a change in any prescribed particulars in relation to, or in who is— (a) the responsible person nominated in accordance with section 30 in relation to the registration of an activity under this Division; or (b) in the case of a registration of the establishment of an animal ethics committee—the presiding member of the committee, give the Minister written notice of the change. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. (3) An applicant in relation to the registration of the establishment of an animal ethics committee must, within 30 days of a change in the membership of the committee, give the Minister written notice of the change. Maximum penalty: (a) in the case of a body corporate—$50 000; (b) in the case of an individual—$10 000. Expiation fee: $500. (4) In this section— prescribed particulars, in relation to an applicant, a responsible person or the presiding member of an animal ethics committee, means— (a) any address for service or other email address, telephone number or street or postal address provided by the applicant to the Minister for purposes connected with registration of an activity under this Division; or (b) any other particulars of a kind prescribed by the regulations. Part 5—Enforcement Division 1—Authorised officers Subdivision 1—Appointment and identification of authorised officers 35—Appointment of authorised officers (1) The Minister may, by instrument in writing, appoint a person to be an authorised officer for the purposes of this Act. (2) An appointment may be made subject to conditions specified in the instrument of appointment. (3) Without limiting the conditions that may be imposed under subsection (2), the conditions may include the following: (a) a condition restricting the powers of the authorised officer; (b) a condition requiring the authorised officer to undertake suitable training; (c) a condition requiring compliance with prescribed protocols and operational procedures; (d) any other condition that the Minister thinks fit. (4) The Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment. 36—Identification of authorised officers (1) An authorised officer appointed under this Part must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the purposes of this Act. (2) If the powers of an authorised officer have been limited by conditions, the identity card issued to the authorised officer must contain a statement of the conditions imposed on the authorised officer's powers. (3) An authorised officer appointed under this Part must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this or any other Act, produce for the inspection of the person their identity card. (4) If an authorised officer who is a police officer is not in uniform, the officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person their warrant card. (5) If a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must return the identity card to the Minister within 14 days. (6) If a person who was appointed as an authorised officer in their capacity as an officer or employee of a particular entity ceases to be an employee or officer of that entity, the entity must— (a) inform the Minister, as soon as reasonably practicable, that the person has ceased to be an officer or employee; and (b) ensure that the person complies with subsection (5). Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of an individual—$20 000. Expiation fee: $1 000. Subdivision 2—Powers of authorised officers 37—General powers (1) An authorised officer may— (a) enter and search and, if necessary, use reasonable force to break into or open— (i) premises or a vehicle to which this section applies; or (ii) part of, or anything in or on, premises or a vehicle to which this section applies; and (b) give directions with respect to the stopping or movement of a vehicle to which this section applies; and (c) require a person to produce a document, including a written record that reproduces in an understandable form information stored by computer or other process; and (d) examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and (e) take photographs, films or audio, video or other recordings; and (f) seize and retain any animal or other thing that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and (g) identify, by marking, tagging or otherwise, an animal or other thing in respect of which powers have been exercised under this Act; and (h) require a person who the authorised officer reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and (i) if the authorised officer requires information about the ownership of any vehicle for purposes related to the administration or enforcement of this Act— (i) request the provision of such information from the Registrar of Motor Vehicles (who is, by force of this section, authorised to provide such information); or (ii) require a person who the authorised officer reasonably suspects has knowledge of those matters to answer questions in relation to those matters; and (j) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act— (i) to answer questions in relation to those matters; or (ii) to attend at a specified place at a specified time and answer questions in relation to those matters; and (k) require a person holding or required to hold a licence, permit or approval under this Act to produce it for inspection; and (l) give a direction required in connection with the exercise of a power conferred by this Act or otherwise in connection with the administration or enforcement of this Act. (2) An authorised officer— (a) may only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of— (i) this Act; or (ii) in accordance with any arrangements entered into or determined under section 60—another Act or law of this State, or of another State or a Territory, relating to animal welfare or the care or management of animals; and (b) may only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by the Magistrates Court or in circumstances in which the authorised officer reasonably believes that urgent action is required in order to prevent or mitigate serious harm occurring to an animal. (3) An authorised officer may be assisted in the exercise of powers under this Act by such persons as the authorised officer considers necessary in the circumstances. (4) An authorised officer may require an occupier of premises or a person apparently in charge of a vehicle, animal or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer for the effective exercise of powers under this Act. (5) This section applies to the following premises and vehicles: (a) premises or a vehicle in or on which an authorised officer reasonably suspects an offence against this Act has been, is being or is about to be, committed; (b) premises or a vehicle in or on which an authorised officer reasonably suspects there is an animal that is being, or has been, harmed unnecessarily or that will, if urgent action is not taken, be harmed unnecessarily; (c) premises or a vehicle subject to, or being used for the purposes of an activity that is the subject of, a licence, permit or approval under this Act; (d) premises or a vehicle in or on which an authorised officer reasonably suspects there is an animal in respect of which an animal welfare notice, notice to comply, enforceable undertaking or animal welfare order is in force; (e) premises or a vehicle that an authorised officer reasonably suspects is being used for, or in connection with, a business, or organised event or activity, involving animals; (f) premises or a vehicle in which an authorised officer reasonably suspects there may be records relating to a business or organised event or activity involving animals or an animal or other thing that has been used in, or may constitute evidence of, a contravention of this Act. 38—Provisions relating to seizure of things other than animals (1) This section applies to things seized other than animals. Note— For animals, see Division 3. (2) If a thing has been seized under section 37(1)(f), the following provisions apply: (a) the thing must be held pending a decision on whether to institute proceedings for an offence related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings for an offence relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of an offence, the court may— (i) order that it be forfeited to the Crown; or (ii) where it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit; (c) if— (i) proceedings are not instituted for an offence relating to the thing within the prescribed period after its seizure; or (ii) proceedings have been so instituted and— (A) the defendant is found not guilty of the offence; or (B) the defendant is convicted or found guilty of an offence but no order for forfeiture is made under paragraph (b), then the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this or any other Act; (d) if— (i) possession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or (ii) a thing is not liable for forfeiture under a preceding paragraph and the Minister has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was seized, the Minister may deal with, destroy or dispose of the thing in such manner as the Minister thinks fit. (3) In this section— prescribed period means— (a) if the thing was seized in relation to an expiable offence—the period of 2 years after the day on which the offence is alleged to have been committed; or (b) if the thing was seized in relation to any other offence—the period of 5 years after the day on which the offence is alleged to have been committed. 39—Routine inspections (1) Subject to this section, if, for the purposes of administering this Act, an authorised officer proposes to exercise powers under this Act to conduct a routine inspection of premises or a vehicle in circumstances where there is no suspicion of an offence, the authorised officer must— (a) give the occupier of the premises or the owner of the vehicle at least 24 hours notice of the proposed inspection; and (b) give the following persons (as required) a reasonable opportunity to accompany the authorised officer throughout the inspection: (i) the occupier of the premises or the owner of the vehicle; (ii) a nominee of the occupier of the premises or the owner of the vehicle; and (c) take such steps as are necessary in the circumstances to minimise any adverse effect of the inspection on the business or activities of the occupier of the premises or the owner of the vehicle. (2) No notice is required to be given of a routine inspection of premises or a vehicle in or on which an authorised officer reasonably suspects there is an animal in respect of which an animal welfare notice or animal welfare order is in force. (3) Noncompliance with this section does not affect the validity of the exercise of powers by the authorised officer under this Act. 40—Animal welfare notices (1) If an authorised officer believes on reasonable grounds that the exercise of powers under this section is warranted because the welfare of an animal is being adversely affected, the authorised officer may, by written notice (an animal welfare notice) given to the owner of the animal, do 1 or more of the following: (a) direct the owner to provide the animal with such food, water, shelter, rest or treatment as the authorised officer thinks necessary; (b) require the owner to ensure the animal is not worked or used for any purpose specified in the notice for such period as is specified in the notice; (c) require the owner to ensure the animal is exercised in accordance with the stipulations of the notice; (d) direct or require the owner to take any other action specified in the notice, within the time specified in the notice, that the authorised officer considers necessary for the improvement of the animal's welfare. (2) A person to whom an animal welfare notice has been given must not refuse or fail to comply with the direction or requirement set out in the notice. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (3) A notice under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by an authorised officer and forfeited to the Minister in accordance with section 46. 41—Notice to comply (1) If an authorised officer believes on reasonable grounds that a person is contravening a requirement of this Act, the authorised officer may issue the person a notice (a notice to comply) directing the person to take, or cease, specified action within a specified period. (2) A person to whom a notice to comply has been given must not refuse or fail to comply with the direction set out in the notice. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. (3) A notice under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by an authorised officer and forfeited to the Minister in accordance with section 46. 42—Offence to hinder etc authorised officers (1) A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or (b) falsely represents, by words or conduct, that they are an authorised officer, is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. (2) A person who— (a) refuses or fails to comply with a requirement or direction of an authorised officer under this Act; or (b) when required by an authorised officer under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief, is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. Expiation fee: $1 500. Division 2—Enforceable undertakings 43—Enforceable undertakings (1) If the Minister is satisfied that a person is contravening a requirement of this Act, the Minister may ask the person to consent to an enforceable undertaking setting out— (a) actions the person agrees to take or to cease within a specified time; and (b) any costs or expenses the person agrees to pay in respect of action taken or to be taken by an authorised offic