Animal Welfare Act 1993

Animal Welfare Act 1993

An Act to prevent neglect of, and cruelty to, animals, to ensure the welfare of animals, to repeal the Cruelty to Animals Prevention Act 1925 and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Animal Welfare Act 1993 .

2.   Commencement

(1)  This Act, except Part 4 , commences on the day on which it receives the Royal Assent.

(2)  Part 4 commences on a day to be proclaimed.

3.   Interpretation

[Section 3 Amended by No. 94 of 1995, s. 4 ]In this Act –

Advisory Committee means the Animal Welfare Advisory Committee established under section 39 ;

animal means –

(a) any live vertebrate animal other than a human being; or

(b) any other creature prescribed for the purposes of any or all of the provisions of this Act;

Animal Experimentation Ethics Committee means a committee referred to in section 30 ;

animal research means any procedure, test, experiment, inquiry or study in the course of which –

(a) an animal is subjected to –

(i) surgical, medical, psychological, biological, chemical or physical treatment; or

(ii) abnormal condition of heat, cold, light, dark, confinement, noise, isolation or overcrowding; or

(iii) abnormal dietary conditions; or

(iv) electric shock or radiation treatment; or

(b) any material or substance is extracted or derived from the body of the animal;

animal welfare standards means the standards of animal welfare approved by the Minister under section 44 ;

Code of Practice means a code of practice approved by the Minister under section 34 ;

conveyance means any vehicle, vessel, aircraft or other contrivance intended to be, or being, used to carry animals, people or goods over land or water or in the air;

inspector means a person –

(a) appointed under section 36 ; or

(b) carrying out the functions of an inspector under section 38 (3) ;

institution means –

(a) a school other than a State school; and

(b) a university; and

(c) a college or other centre, unit or institution which provides educational instruction; and

(d) any other body the Minister determines to be an institution for the purposes of this Act;

licensed institution means an institution licensed under Part 4 ;

officer means –

(a) a police officer within the meaning of the Police Regulation Act 1898 ; or

(b) a person appointed as an officer under section 13 ;

premises includes a conveyance;

regulations means regulations made under this Act;

school means a school within the meaning of the Education Act 1994 ;

snare means any noose, loop or similar instrument, implement or appliance, other than a lasso, which is capable of being used to catch any animal;

society means –

(a) the Royal Society for the Prevention of Cruelty to Animals established in the State; or

(b) any society proclaimed to be a society for the purposes of this Act in accordance with section 49 ;

State school means a State school within the meaning of the Education Act 1994 ;

veterinary surgeon means a person registered as a veterinary surgeon pursuant to Part IV of the Veterinary Surgeons Act 1987 .

4.   Non-application of Act

(1)  Sections 8 , 9 and 10 do not apply to practices used in the hunting of animals done in a usual and reasonable manner and without causing excess suffering unless the practices are prohibited by this or any other Act.

(2)  Sections 8 , 9 and 10 do not apply to practices used in –

(a) recreational fishing; or

(b) angling; or

(c) commercial fishing –

done in a usual and reasonable manner and without causing excess suffering unless the practices used are prohibited by this or any other Act.

(3)  [Section 4 Subsection (3) inserted by No. 13 of 2002, s. 4, Applied:25 Jun 2002] Sections 8 and 9 do not apply to any animal research carried out in a licensed institution if that research is carried out –

(a) with the approval of the Animal Experimentation Ethics Committee; and

(b) in accordance with any procedures approved by the Animal Experimentation Ethics Committee; and

(c) in accordance with a Code of Practice relating to animal research.

(4)  [Section 4 Subsection (4) inserted by No. 13 of 2002, s. 4, Applied:25 Jun 2002] Section 10(1)(a) and section 10(3) do not apply to the feeding of an animal if the feeding is carried out in a reasonable manner, having regard to the natural behaviour of the animal.

5.   Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Welfare of animals

6.   Duty of care to animals

A person who has the care or charge of an animal has a duty to take all reasonable measures to ensure the welfare of the animal.

7.   Management of animals

A person who has the care or charge of an animal must not use a method of management of the animal which is reasonably likely to result in unreasonable and unjustifiable pain or suffering to the animal.

Penalty:  [Section 7 Amended by No. 13 of 2002, s. 5, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both.

8.   Cruelty to animals

(1)  A person must not do any act, or omit to do any duty, which causes or is likely to cause unreasonable and unjustifiable pain or suffering to an animal.

Penalty:  [Section 8 Subsection (1) amended by No. 13 of 2002, s. 6, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  Without limiting the generality of subsection (1) , a person is guilty of an offence under that subsection if the person –

(a) wounds, mutilates, tortures, overrides, overdrives, overworks, abuses, beats, torments or terrifies an animal; or

(b) overloads or overcrowds an animal; or

(c) drives, conveys, carries or packs an animal in a manner or position or in circumstances that subjects or subject it to unreasonable and unjustifiable pain or suffering; or

(d) works, rides, drives or uses an animal when it is unfit for the purpose; or

(e) has possession or custody of an animal that is confined, constrained or otherwise unable to provide for itself and fails to provide the animal with appropriate and sufficient food, drink, shelter and exercise; or

(f) abandons an animal of a species usually kept in a state of confinement or for domestic purposes; or

(g) has possession or custody of a sick or injured animal and fails to provide veterinary or other appropriate treatment for the animal; or

(h) administers to an animal an injurious drug or a toxic or noxious substance except for –

(i) medical curative purposes; or

(ii) scientific research purposes; or

(iii) normal management procedures; or

(iv) euthanasia; or

(v) the control of prescribed animals using a prescribed substance; or

(i) in the course of any sport or public performance or in the training for any sport or public performance, applies or exposes an electronic device to an animal; or

(j) uses a spur, or other like appliance, with sharpened rowels on an animal; or

(k) does any other prescribed act.

9.   Aggravated cruelty

A person must not do any act, or omit to do any duty, referred to in section 8 which results in the death or serious disablement of an animal.

Penalty:  [Section 9 Amended by No. 13 of 2002, s. 7, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; or

(b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 18 months, or both.

10.   Baiting and shooting

(1)  A person must not keep or use an animal or allow an animal in the person's care or charge to be used –

(a) to fight, bait, worry, kill or injure another animal or to be baited, killed, worried or injured by another animal; or

(b) for the purpose of a match or competition in which the animal is released from captivity for the purpose of being shot, killed, worried or injured.

Penalty:  [Section 10 Subsection (1) amended by No. 13 of 2002, s. 8, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  A person must not promote or take part in a match or competition in which an animal is released from captivity for the purpose of being shot, killed, worried or injured.

Penalty:  [Section 10 Subsection (2) amended by No. 13 of 2002, s. 8, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(3)  A person must not keep, use or assist in the management of premises where animals fight, bait, worry, kill or injure other animals.

Penalty:  [Section 10 Subsection (3) amended by No. 13 of 2002, s. 8, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

11.   Use of animals to train other animals

(1)  A person must not –

(a) keep; or

(b) sell or supply; or

(c) offer for sale or supply; or

(d) keep for the purpose of sale or supply –

an animal that is intended to be used for the purpose of training another animal if the animal to be used for that purpose is likely to suffer unreasonable and unjustifiable pain or suffering.

Penalty:  [Section 11 Subsection (1) amended by No. 13 of 2002, s. 9, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both.

(2)  A person must not keep on premises at which greyhounds are being kept any animal which is intended to be used as bait for the training of greyhounds.

Penalty:  [Section 11 Subsection (2) amended by No. 13 of 2002, s. 9, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both.

12.   Traps

(1)  Subject to subsection (2) , a person must not set, lay or place a leghold trap or snare.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person may apply to the Minister for an exemption to use a leghold trap or snare.

(3)  The Minister, in granting an exemption, may impose any condition the Minister considers appropriate.

(4)  [Section 12 Subsection (4) amended by No. 18 of 1995, s. 3 and Sched. 1 ]This section does not apply to –

(a) [Section 12 Subsection (4) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] the use of a mist net by a person who holds a permit to use a mist net granted under the Nature Conservation Act 2002 ; or

(b) a gillnet used in accordance with any regulations or rules made under the Living Marine Resources Management Act 1995 ; or

(c) a box trap, cage trap, mousetrap and other similar devices.

(5)  The Minister may delegate the powers under this section to the Secretary.

PART 3 - Powers of officers

13.   Officers

The Minister may appoint persons to be officers for the purposes of this Act on such terms and for such periods as the Minister determines.

14.   Instructions by officers

(1)  An officer may give such instructions to any person in control of an animal as may be necessary to assess or ensure the welfare of the animal.

(2)  A person who fails to comply with an instruction given under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

15.   Power to arrest without warrant

(1)  A police officer may arrest, without warrant, a person the police officer reasonably believes is committing or has committed an offence under this Act.

(2)  If a police officer has reasonable grounds for believing that a person is committing or has committed an offence under this Act, the police officer may require that person to give the person's name, address and date of birth.

(3)  If a police officer has requested a person to give the person's name, address and date of birth, the police officer may arrest, without warrant, that person if –

(a) that person refuses to give his or her name, address or date of birth; or

(b) the police officer reasonably believes any name, address or date of birth given by that person is false.

16.   Power to enter, search and inspect premises

(1)  An officer may, without warrant, enter, search and inspect any premises, other than premises or a part of premises being used as a dwelling, if the officer reasonably believes that there is on the premises an animal in respect of which an offence under this Act has been, or is being, committed.

(2)  An officer, authorized by the Minister to do so, may, at any reasonable time enter, search and inspect any premises where animals are sold, presented for sale, assembled or kept for commercial purposes.

(2A)  [Section 16 Subsection (2A) inserted by No. 13 of 2002, s. 10, Applied:25 Jun 2002] An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes is being, or has been, used in committing an offence under this Act.

(3)  [Section 16 Subsection (3) amended by No. 13 of 2002, s. 10, Applied:25 Jun 2002] If a magistrate or justice is satisfied on application made on oath by an officer that–

(a) an animal is in premises or a part of any premises being used as a dwelling; and

(b) the officer reasonably believes that an offence under this Act has been or is being committed in respect of that animal–

the magistrate or justice may grant a warrant authorizing the officer named in the warrant to enter, search and inspect those premises and seize anything the officer reasonably believes is being, or has been, used in committing the offence.

(4)  In entering, searching and inspecting premises, an officer may –

(a) use such force as is reasonably necessary; and

(b) be accompanied by such assistants as the officer considers necessary; and

(c) stop any vehicle or conveyance.

(4A)  [Section 16 Subsection (4A) inserted by No. 94 of 1995, s. 5 ]In entering, searching and inspecting premises, an officer may inspect or examine any animal on the premises.

(5)  An assistant in the company of an officer has the same powers under this section as the officer.

16A.   Photographs and films

[Section 16A Inserted by No. 13 of 2002, s. 11, Applied:25 Jun 2002] For the purpose of this Act, an officer may –

(a) take any photograph; and

(b) make any film or video.

17.   Power to take possession of animals

(1)  An officer may take possession of an animal and detain it in a safe place if the officer is satisfied that –

(a) an offence under this Act has been or is being committed in respect of the animal; and

(b) unless possession of the animal is taken –

(i) its life will be endangered; or

(ii) any pain or suffering it is undergoing will be unreasonably or unjustifiably prolonged.

(2)  An officer may –

(a) for the purpose of taking possession of an animal, be aided by such assistants as the officer considers necessary; and

(b) detain or cause the animal to be detained at such place and in such circumstances as the officer considers appropriate.

(3)  An assistant in the company of an officer has the same powers under this section as the officer.

18.   Possession of animals and conveyances

If a person is arrested for an offence under this Act in respect of an animal, the officer arresting that person may –

(a) take possession of the animal and detain it in a safe place; and

(b) take possession of any conveyance and detain or cause it to be detained in a safe place if the animal –

(i) is attached to the conveyance; or

(ii) is being carried in or on the conveyance belonging to that person.

19.   Application for return of animal or conveyance

(1)  If an officer has taken possession of, and detained, an animal or conveyance under section 17 or 18 , the owner of the animal or conveyance may apply to a magistrate for its return.

(2)  On an application under subsection (1) , the magistrate may –

(a) order that the animal or conveyance be returned to its owner on any terms and conditions the magistrate considers just; or

(b) refuse the application.

20.   Return of animal or conveyance

(1)  If an officer has taken possession of, and detained, an animal or conveyance under section 17 or 18 , the officer may return the animal or conveyance to its owner or to the person from whose possession it was taken if –

(a) the officer is satisfied that no purpose will be served by retaining possession of the animal or conveyance; and

(b) in the case of an animal, the officer is satisfied that if the animal is returned it will not be exposed to unreasonable or unjustifiable pain or suffering.

(2)  An officer may return an animal or conveyance whether or not a person has been charged with an offence under this Act.

(3)  If an officer has taken possession of, and detained, an animal or conveyance under section 17 or 18 , the officer must return it to its owner or to the person from whose possession it was taken if –

(a) a period of 6 months has elapsed since the officer took possession of the animal or conveyance and no person has been charged with an offence under this Act in respect of that animal; or

(b) a person has been tried for an offence under this Act in respect of the animal and the court before which that person was tried made no order in respect of the possession, sale or other disposal of the animal or conveyance.

(4)  An officer may apply to a magistrate for a direction that an animal should not be returned to its owner or to the person from whose possession it was taken.

(5)  On an application under subsection (4) , the magistrate may –

(a) direct that the animal be sold or otherwise disposed of and any proceeds of the sale be distributed in accordance with section 46 ; or

(b) refuse the application.

(6)  A magistrate must not make a direction under subsection (5) (a) unless the magistrate is satisfied that it is in the best interests of the animal to do so.

21.   Detention of animals or conveyances

The court before which a person is tried for an offence under this Act in respect of an animal may order –

(a) that any animal or conveyance detained under section 17 or 18 continue to be detained until –

(i) any monetary penalties imposed by the court are paid; and

(ii) the costs and expenses connected with taking possession of the animal or conveyance and detaining it are paid; and

(b) that in default of payment of any amount referred to in paragraph (a) within a time specified by the court, the animal or conveyance be sold and the proceeds of the sale be distributed in accordance with section 46 .

21A.   Identification marks and devices

[Section 21A Inserted by No. 13 of 2002, s. 12, Applied:25 Jun 2002]

(1)  An officer may attach a mark or device to an animal for identification purposes.

(2)  An identification mark or device may be in any form the officer considers appropriate.

(3)  A person must not tamper with, or remove, an identification mark or device attached to an animal under subsection (1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units.

22.   Order for sale of animals

(1)  A court that finds the owner of an animal guilty of an offence under this Act in respect of the animal may, in addition to any other punishment it imposes in respect of the offence, order that the animal be sold or otherwise disposed of and that the proceeds of any sale be distributed in accordance with section 46 .

(2)  A court must not make an order under subsection (1) unless it is satisfied that the provisions of section 8 are unlikely to be complied with.

23.   Care of animals in need

An officer may supply food or drink to an animal or authorize a veterinary surgeon to administer medical treatment to an animal if the officer is of the opinion that the animal –

(a) is not provided with a sufficient quantity of food or drink fit for its consumption; or

(b) is suffering from injury or disease or is otherwise suffering.

24.   Power to kill animals

(1)  An officer or veterinary surgeon may kill an animal if –

(a) in their opinion the animal is injured or diseased or is otherwise suffering; and

(b) they reasonably believe that the injury, disease or other suffering will cause the animal continued and excessive pain and suffering.

(2)  If a justice is satisfied that it is necessary to do so, the justice may authorize, in writing, any person to kill a specified animal in the circumstances referred to in subsection (1) .

(3)  Any person who kills an animal under subsection (1) or (2) –

(a) [Section 24 Subsection (3) amended by No. 13 of 2002, s. 13, Applied:25 Jun 2002] is to make available the carcass of the animal to the owner, if the owner requests, within 7 days of killing the animal to take possession of the carcass; or

(b) may dispose of the carcass if there is no such request.

25.   Examination of animals

(1)  An officer may require a veterinary surgeon to carry out any examination or take any sample as may be necessary to determine –

(a) the extent of any injury, disease or suffering endured by an animal; or

(b) whether any substance was being administered to an animal; or

(c) the cause of death of an animal.

(2)  An officer, at the request of a registered club within the meaning of the Racing and Gaming Act 1952 , must require a veterinary surgeon to carry out any test necessary to determine whether any substance has been administered to an animal detained under section 17 or 18 .

(3)  [Section 25 Subsection (3) inserted by No. 13 of 2002, s. 14, Applied:25 Jun 2002] An officer may take any sample if the taking of the sample does not constitute veterinary services as defined in the Veterinary Surgeons Act 1987 .

26.   Requirement to give name and address

(1)  In the course of carrying out functions or exercising powers, an officer may require any person to give his or her name or address.

(2)  A person who fails to give his or her name or address when required to do so under subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

PART 4 - Animal research

27.   Animal research

(1)  A person must not carry out any animal research unless it is carried out by an institution licensed under this Part.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.

(2)  Subsection (1) does not apply to –

(a) the owner of an animal who conducts observational studies on the animal; or

(b) a person who administers veterinary treatment to an animal for the welfare of the animal; or

(c) a person who conducts normal animal management operations.

(3)  [Section 27 Subsection (3) inserted by No. 94 of 1995, s. 6 ]A licensed institution may carry out animal research at one or more places or premises.

28.   Suppliers of animals for research

A person may only supply animals to be used for animal research –

(a) to a licensed institution; and

(b) in accordance with the Code of Practice.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.

29.   Applications for licences

(1)  An institution may apply to the Minister for a licence authorizing the institution to carry out animal research.

(2)  An application is to –

(a) be in writing; and

(b) state the general nature of the animal research carried out or to be carried out by that institution; and

(c) contain any other details the Minister may require; and

(d) be accompanied by the prescribed fee.

30.   Grant of licences

(1)  The Minister, on advice of an inspector and after consultation with the Advisory Committee, may –

(a) grant a licence; or

(b) refuse to grant a licence.

(2)  The Minister may only grant a licence to an institution if satisfied that the institution has an Animal Experimentation Ethics Committee constituted in accordance with the Code of Practice.

(3)  A licence is granted subject to the following conditions:

(a) that any animal research is not to commence until it is approved by the Animal Experimentation Ethics Committee;

(b) that any animal research is to be conducted in accordance with the Code of Practice;

(c) that the licensed institution is to be inspected at least once every 12 months;

(d) any other condition the Minister considers appropriate or necessary.

(4)  A licensed institution must comply with the conditions specified in subsection (3) .

Penalty:  Fine not exceeding 100 penalty units.

(5)  A licence is to be –

(a) granted in the name of the institution making the application; and

(b) in a form approved by the Minister.

31.   Duration of licences

(1)  A licence remains in force for such period, not exceeding 3 years, as is specified in the licence unless the licence is sooner cancelled under section 32 .

(2)  [Section 31 Subsection (2) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If an application for a review is made under section 33 , a licence remains cancelled until an order is made by the Magistrates Court (Administrative Appeals Division).

32.   Cancellation of licences

(1)  The Minister may cancel a licence if the Minister, on the advice of an inspector or the Advisory Committee, considers –

(a) that the institution should no longer hold the licence; or

(b) that the institution has not complied with the conditions of the licence.

(2)  An institution whose licence is cancelled under subsection (1) may not apply for another licence until –

(a) 12 months after that cancellation; or

(b) [Section 32 Subsection (2) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] if an application for a review is made under section 33 , 6 months after an order is made by the Magistrates Court (Administrative Appeals Division) affirming the cancellation.

33.   Reviews

[Section 33 Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] An institution may apply to the Magistrates Court (Administrative Appeals Division) for a review of –

(a) the decision of the Minister to refuse to grant a licence; or

(b) the decision of the Minister to cancel a licence; or

(c) a condition subject to which a licence is issued.

34.   Code of Practice

The Minister may, on the recommendation of the Advisory Committee, approve a Code of Practice to regulate –

(a) the carrying out of animal research; and

(b) the functions and procedures of Animal Experimentation Ethics Committees.

35.   Annual reports

(1)  A licensed institution must submit a report to the Minister of its activities in relation to animal research carried out by it.

(2)  The report is to be submitted no later than 14 months after the issue of the licence and then at 12 month intervals.

(3)  The report is to contain the following:

(a) the numbers and types of animals used in animal research;

(b) the types of animal research carried out;

(c) any other information the Minister may require.

(4)  As soon as practicable after 30 June and before 30 September in each year, the Minister is to cause a report to be laid on the table of each House of Parliament summarizing the reports submitted under this section.

PART 5 - Inspectors

36.   Appointment of inspectors

The Minister may appoint officers or persons to be inspectors for the purposes of Part 4 on such terms and for such periods as the Minister considers appropriate.

37.   Functions of inspectors

An inspector has the following functions:

(a) to advise the Minister on matters relating to the granting or cancellation of licences;

(b) to advise the Minister on matters relating to conduct of Animal Experimentation Ethics Committees;

(c) any functions that are necessary for the administration of this Act;

(d) any other functions determined by the Minister.

38.   Powers of inspectors

(1)  [Section 38 Subsection (1) amended by No. 94 of 1995, s. 7 ]An inspector has the following powers:

(a) to enter, search and inspect, without warrant, any place or premises at which a licensed institution carries out animal research;

(b) to take samples or specimens kept by that institution in relation to research carried out on animals;

(c) to take photographs of that place or those premises and animals or equipment kept by that institution in relation to research carried out on animals;

(d) to inspect, take copies of or seize any records or documents kept by that institution in relation to research carried out on animals;

(e) to inspect, without warrant, the premises of any institution applying for a licence, including its animal holding facilities, equipment and instruments to determine the suitability of the premises for the purpose of the application;

(f) to enter and search, with a warrant, any premises in which the inspector reasonably believes animal research is being carried out in contravention of this Act;

(g) to require any person to give such assistance as may be required;

(h) to do anything necessary or convenient to perform his or her functions;

(i) to do anything an officer has power to do under this Act.

(2)  In entering, searching and inspecting premises, an inspector may –

(a) use such force as is reasonably necessary; and

(b) be accompanied by such assistants as the inspector considers necessary; and

(c) stop any vehicle or conveyance.

(3)  An assistant in the company of an inspector has the same powers under this section as the inspector.

(4)  If a magistrate is satisfied, on the application made on oath by an inspector, that animal research is being carried out on premises in contravention of this Act, the magistrate may grant a warrant authorizing the inspector named in the warrant to enter and search those premises.

PART 6 - Animal Welfare Advisory Committee

39.   Membership of Advisory Committee

(1)  There is established an Animal Welfare Advisory Committee consisting of –

(a) a person appointed as chairperson of the Advisory Committee; and

(b) the Secretary of the responsible Department in relation to the Animal Welfare Act 1993 ; and

(c) [Section 39 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] the Secretary of the responsible Department in relation to the Nature Conservation Act 2002 ; and

(d) a person nominated by the Secretary of the responsible Department in relation to the Police Regulation Act 1898 ; and

(e) a person nominated by the Municipal Association of Tasmania; and

(f) a person nominated by the University of Tasmania; and

(g) a person to represent the sporting and recreational users of animals; and

(h) a person to represent the intensive animal industry including the pig and poultry industries; and

(i) a person nominated by the Tasmanian Farmers and Graziers Association to represent the grazing animal industry; and

(j) a person nominated by the Royal Society for the Prevention of Cruelty to Animals; and

(k) a registered veterinary surgeon nominated by the Australian Veterinary Association; and

(l) a person nominated by the Australian and New Zealand Federation of Animal Societies; and

(m) such other persons as the Minister considers appropriate.

(2)  The members are appointed by the Minister.

(3)  A member of the Advisory Committee may, with the approval of the Minister, appoint a person nominated by the organization which the member represents as his or her deputy.

(4)  If a nomination under subsection (1) is not made within 30 days after the date on which that nomination is required by the Minister to be made, the Minister may appoint suitably qualified persons for appointment under that subsection.

(5)  If a body referred to in paragraph (e) , (i) , (j) , (k) or (l) of subsection (1) changes its name, the Minister may, by order, amend that paragraph by substituting the body's new name.

(6)  If a body referred to in paragraph (e) , (i) , (j) , (k) or (l) of subsection (1) ceases to exist, the Minister, on the recommendation of the Advisory Committee, may, by order, amend that paragraph by substituting the name of a body which the Minister is satisfied substantially represents the interests represented by the first-mentioned body.

(7)  Schedule 1 has effect with respect to members of the Advisory Committee.

(8)  Schedule 2 has effect with respect to meetings of the Advisory Committee.

40.   Functions of Advisory Committee

(1)  The Advisory Committee has the following functions:

(a) to advise the Minister on any matter generally relating to animal welfare;

(b) to advise the Minister on any specific matter relating to animal welfare as requested by the Minister;

(c) to conduct an ongoing review of the laws relating to animal welfare;

(d) to recommend to the Minister any changes in the laws relating to animal welfare;

(e) to make recommendations on any matter of concern to the Advisory Committee;

(f) to identify areas which require development of public education strategies relating to animal welfare;

(g) to develop educational programmes relating to animal welfare;

(h) to make recommendations to the Minister on any matter relating to animal welfare standards;

(i) any other functions the Minister may determine.

(2)  In carrying out its functions, the Advisory Committee is to take into account –

(a) the community concerns about, and attitudes towards, animal welfare; and

(b) the needs of affected industries; and

(c) the changes in, and availability of, animal management practices.

PART 7 - Offences

41.   Obstruction

A person must not obstruct or hinder a person in the exercise of a power or the performance of a duty conferred or imposed by this Act.

Penalty:  [Section 41 Amended by No. 13 of 2002, s. 15, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both.

41A.   Offences against officer

[Section 41A Inserted by No. 13 of 2002, s. 16, Applied:25 Jun 2002] A person must not intimidate, threaten or abuse an officer.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or

(b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months, or both.

42.   Impersonation

A person must not impersonate an officer or any other person authorized to exercise a power or required to perform a duty under this Act.

Penalty:  [Section 42 Amended by No. 13 of 2002, s. 17, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both.

43.   Custody of animals

(1)  If –

(a) a person has been convicted of an offence under this Act in respect of an animal; and

(b) the court considers the offence to be of a sufficiently serious nature –

the court may, in addition to, or instead of, any other penalty, order –

(c) that the person be disqualified, for such period as the court orders, from having custody of any animal or any animal of a kind or class specified in the order; or

(d) that certain conditions specified in the order are to apply for such period as the court orders to the person's custody of any animal or any animal of a kind or class specified in the order.

(2)  If a court makes an order under subsection (1) , it may suspend the order –

(a) for any period the court considers necessary so that arrangements can be made for the custody of any animal; or

(b) pending the determination of an application under subsection (3) .

(3)  A person in relation to whom an order has been made may, at any time after 12 months after the date of the order, apply to the court to have the order varied, suspended or cancelled.

(4)  In determining an application the court must have regard to –

(a) the applicant's character; and

(b) the applicant's conduct since the date of the order; and

(c) the nature of the offence; and

(d) any other circumstances it considers relevant.

(5)  In determining an application against an order, the court may –

(a) direct that from a specified date –

(i) the order be varied, suspended or cancelled as specified in the direction; or

(ii) the order be varied to apply only to a specified animal or any animal of a specified kind or class; or

(b) refuse the application.

(6)  A court has no power to consider another application under subsection (3) in respect of an order until at least 12 months have elapsed after a direction or refusal under subsection (5) .

(7)  A person must not have custody of an animal in contravention of an order made under subsection (1) or varied under subsection (5) .

Penalty:  [Section 43 Subsection (7) amended by No. 13 of 2002, s. 18, Applied:25 Jun 2002] In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both.

(8)  [Section 43 Subsection (8) inserted by No. 13 of 2002, s. 18, Applied:25 Jun 2002] A person has custody of an animal if the animal is normally kept on premises owned or occupied by the person, whether or not the person has any care or charge of the animal.

PART 8 - Miscellaneous

44.   Animal welfare standards

(1)  The Minister, after consultation with the Advisory Committee, may approve standards of animal welfare.

(2)  Standards of animal welfare are to include standards –

(a) to be followed in the care and management of animals; and

(b) for the education and guidance of persons involved in the care and management of animals.

45.   Costs and expenses

(1)  A court may make an order in respect of any costs and expenses properly incurred by a person in taking possession of, or keeping, an animal or providing veterinary treatment to an animal in accordance with this Act.

(2)  Any costs and expenses properly incurred by a person in exercising a power or performing a duty conferred or imposed by this Act in respect of an animal or conveyance, and not otherwise recovered, is a debt due to that person from the owner of the animal or conveyance.

46.   Disbursement of proceeds of sale

The proceeds of the sale of any animal or conveyance sold pursuant to an order or direction of a magistrate or court made under section 20 , 21 or 22 are to be used –

(a) firstly, to pay any unpaid monetary penalty imposed by the magistrate or court in respect of an offence under this Act in respect of the animal; and

(b) secondly, to pay the costs and expenses connected with selling the animal or conveyance; and

(c) thirdly, to pay the costs and expenses connected with taking possession of the animal or conveyance and detaining it; and

(d) fourthly, to pay the costs and expenses connected with any veterinary treatment given to the animal; and

(e) fifthly, to reimburse the person who owned the animal or conveyance immediately before its sale.

47.   Animal Welfare Trust Account

(1)  There is established in the Special Deposits and Trust Fund an account to be called the Animal Welfare Trust Account.

(2)  There is to be paid into the Animal Welfare Trust Account –

(a) any money or proceeds of the realization of any property given to the State for the purposes of animal welfare; and

(b) any interest arising from the investment of such money or proceeds; and

(c) any pecuniary penalties recovered under this Act.

(3)  Any money standing to the credit of the Animal Welfare Trust Account may be applied by the Minister, after consultation with the Advisory Committee, for purposes of animal welfare.

48.   Immunity from action

Any action or proceeding does not lie against –

(a) a person acting in good faith –

(i) who is exercising or who reasonably believes is exercising a power or performing a duty conferred or imposed on that person by this Act; or

(ii) in accordance with any instructions of an officer or inspector; or

(b) a society, or a member or officer of a society, in respect of anything done in accordance with paragraph (a) .

49.   Proclamation of society

The Governor may, by proclamation, declare any society that has aims and objectives similar to those of the Royal Society for the Prevention of Cruelty to Animals to be a society for the purposes of this Act.

50.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , the Governor may make regulations in relation to –

(a) the keeping, treatment, handling, transportation, sale, injuring, killing, taking, care, use, husbandry or management of any animal or class or kind of animal; and

(b) the types of animal research that may be carried out.

(3)  Regulations made under this section may provide that any provision of this Act does not apply to any specified animal or class or kind of animal, matter, practice or person.

(4)  Regulations may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method issued, formulated, prescribed, adopted or published by any authority or body as in force at a particular date.

(5)  Regulations may be made subject to conditions or so as to apply differently according to matters, limitations or restrictions specified in the regulations.

51.   Repeal

The Cruelty to Animals Prevention Act 1925 is repealed.

52.   Transitional provisions

(1)  A society which, immediately before the commencement of this Act, was a society for the purposes of the Cruelty to Animals Prevention Act 1925 by virtue of a proclamation under section 3 of that Act, is, on that commencement, taken to be a society under section 49 of this Act.

(2)  A person (other than a police officer) who, immediately before the commencement of this Act, was an officer appointed for the purposes of the Cruelty to Animals Prevention Act 1925 is, on that commencement, taken to be an officer appointed under section 13 of this Act for a period of 12 months.

53.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Minister for Primary Industry and Fisheries; and

(b) the Department responsible to the Minister for Primary Industry and Fisheries in relation to the administration of this Act is the Department of Primary Industry and Fisheries.

SCHEDULE 1 - Provisions with Respect to Members of Advisory Committee

Section 39 (7)

1.   Interpretation

In this Schedule, member means a member of the Advisory Committee or the deputy of a member.

2.   Term of office

A member other than a member referred to in section 39 (1) (b) or (c) is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

4.   Remuneration of members

A member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister determines.

5.   Vacation of office

(1) A member vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under subclause (2) , (3) or (4) .

(2) The Minister may remove a member from office if the member –

(a) is absent from 2 consecutive meetings of the Advisory Committee without the permission of the other members of the Advisory Committee; or

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer; or

(d) is convicted of an offence against this Act.

(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.

(4) The Minister may remove a member from office if –

(a) satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Advisory Committee; or

(b) that body recommends the removal of that member.

(5) The appointment of any deputy of a member terminates if that member is removed from office pursuant to subclause (4) .

6.   Filling of vacancies

If the office of a member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.

7.   Validity of proceedings

(1) An act or proceeding of the Advisory Committee or of a person acting under the direction of the Advisory Committee is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Advisory Committee.

(2) An act or proceeding of the Advisory Committee or of a person acting under the direction of the Advisory Committee is valid and has effect, even if –

(a) the appointment of a member of the Advisory Committee was defective; or

(b) a person appointed as a member of the Advisory Committee was disqualified from acting as, or incapable of being, such a member.

8.   Presumptions

In any proceedings by or against the Advisory Committee, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Advisory Committee; or

(b) any resolution of the Advisory Committee; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Advisory Committee.

SCHEDULE 2 - Provisions with Respect to Meetings of Advisory Committee

Section 39 (8)

1.   Interpretation

In this Schedule, member means a member of the Advisory Committee or the deputy of a member.

2.   Convening of meetings of Advisory Committee

A meeting of the Advisory Committee may be convened by the chairperson or by any 3 members.

3.   Procedure at meetings

(1) The quorum at any duly convened meeting of the Advisory Committee is half the number of the total members plus one member.

(2) Any duly convened meeting of the Advisory Committee at which a quorum is present is competent to transact any business of the Advisory Committee.

(3) Questions arising at a meeting of the Advisory Committee are to be determined by a majority of votes of the members present and voting.

4.   Chairperson

(1) The chairperson of the Advisory Committee or his or her deputy is to preside at all meetings of the Advisory Committee.

(2) If the chairperson of the Advisory Committee or his or her deputy is not present at a meeting of the Advisory Committee a member elected by the members present is to preside at that meeting.

5.   Minutes

The Advisory Committee is to cause full and accurate minutes to be kept of its proceedings at meetings and must submit to the Minister a copy of the minutes of each meeting within 30 days after the date on which the meeting is held.

6.   General procedure

Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Advisory Committee are as determined by the Advisory Committee.