Australia

Animal Care and Protection Act 2001
An Act to promote the responsible care and use of animals and to protect animals from cruelty,and for other purposes

Meaning of a person in charge of an animal
(1) A person is a person in charge of an animal if the person—(a) owns or has a lease, licence or other proprietary interest in the animal; or (b) has the custody of the animal; or (c) is employing or has engaged someone else who has the custody of the animal and the custody is within the scope of the employment or engagement.
(2) Despite subsection (1)(a),a person who holds a mortgage or other security interest in an animal only becomes a person in charge of the animal if the person takes a step to enforce the mortgage or other security.

Breach of duty of care prohibited
(1) A person in charge of an animal owes a duty of care to it.
(2) The person must not breach the duty of care.Maximum penalty—300 penalty units or 1 year’s imprisonment.Notes—1 This provision is an executive liability provision—see section 209. 2 See also section 9 (Act does not affect other rights or remedies).
(3) For subsection (2),a person breaches the duty only if the person does not take reasonable steps to—(a) provide the animal’s needs for the following in a way that is appropriate—(i) food and water; (ii) accommodation or living conditions for the animal; (iii) to display normal patterns of behaviour; (iv) the treatment of disease or injury; or (b) ensure any handling of the animal by the person,or caused by the person,is appropriate.
(4) In deciding what is appropriate, regard must be had to—(a) the species,environment and circumstances of the animal; and (b) the steps a reasonable person in the circumstances of the person would reasonably be expected to have taken.Examples of things that may be a circumstance for subsection (4)(b)— • a bushfire or another natural disaster • a flood or another climatic condition

Animal cruelty prohibited
(1) A person must not be cruel to an animal.Maximum penalty-2000 penalty units or 3 years imprisonment.Note-This provision is an executive liability provision-see section 209.
(2) Without limiting subsection (1),a person is taken to be cruel to an animal if the person does any of the following to the animal—(a) causes it pain that,in the circumstances,is unjustifiable,unnecessary or unreasonable; (b) beats it so as to cause the animal pain; (c) abuses,terrifies,torments or worries it; (d) overdrives,overrides or overworks it; (e) uses on the animal an electrical device prescribed under a regulation; (f) confines or transports it—(i) without appropriate preparation,including,for example, appropriate food,rest,shelter or water; or (ii) when it is unfit for the confinement or transport; or (iii) in a way that is inappropriate for the animal’s welfare; or Examples for subparagraph (iii)— • placing the animal,during the confinement or transport,with too few or too many other animals or with a species of animal with which it is incompatible • not providing the animal with appropriate spells (iv) in an unsuitable container or vehicle; (g) kills it in a way that—(i) is inhumane; or (ii) causes it not to die quickly; or (iii) causes it to die in unreasonable pain; (h) unjustifiably,unnecessarily or unreasonably— (i) injures or wounds it; or (ii) overcrowds or overloads it.

Unreasonable abandonment or release
(1) A person in charge of an animal must not abandon or release an animal unless the person has a reasonable excuse or the abandonment or release is authorised by law.Maximum penalty—300 penalty units or 1 year’s imprisonment.Note—If a corporation commits an offence against this provision,an executive officer of the corporation may be taken,under section 209A,to have also committed the offence.
(2) A person must not,unless the person has a reasonable excuse, release an animal from the custody of the person in charge of it. Maximum penalty—300 penalty units or 1 year’s imprisonment.Note—If a corporation commits an offence against this provision,an executive officer of the corporation may be taken,under section 209A,to have also committed the offence.
(3) In this section—abandon,an animal,includes leaving it for an unreasonable period.
 
Meaning of prohibited event
(1) A prohibited event means any of the following events—(a) a bullfight or organised event held for public entertainment in which a person provokes a bull in a way that is likely to cause it to charge; (b) a cockfight or dogfight or other event in which an animal fights,or is encouraged to fight,with another animal; (c) coursing or another event in which an animal is released from captivity to be hunted,injured or killed by another animal; (d) an event in which an animal is released from captivity to be hunted,or shot at by,a person without an appropriateacclimatisation period between the release and the hunting to reduce stress to the animal; (e) an event prescribed under a regulation held for public enjoyment or entertainment,with or without charge to anyone present,at which anyone participating in the event causes an animal pain.Example of causing an animal pain for paragraph (e)—someone does,or attempts to,catch,fight or throw the animal (2) However,conducting a rodeo is not a prohibited event merely because of action taken in the rodeo to protect a competitor or other person from an animal being used in the rodeo.Example for subsection (2)—using a ‘rodeo clown’ to distract an animal being used in the rodeo from a competitor or other person

Regulated procedures for dogs:

Cropping dog’s ear
(1) A person,other than a veterinary surgeon,must not crop a dog’s ear.Maximum penalty—100 penalty units.
(2) A veterinary surgeon must not crop a dog’s ear unless the surgeon reasonably considers the cropping is in the interests of the dog’s welfare.Maximum penalty—100 penalty units.
(3) In this section— crop,a dog’s ear,means to remove part of the ear to make the ear stand erect.

Docking dog’s tail
(1) A person,other than a veterinary surgeon,must not dock a dog’s tail unless the docking is done in a way prescribed under a regulation.Maximum penalty—100 penalty units.
(2) A veterinary surgeon must not dock a dog’s tail unless—(a) the surgeon reasonably considers the docking is in the interests of the dog’s welfare; or (b) the docking is done in a way prescribed under a regulation. Maximum penalty—100 penalty units.

Debarking operations
(1) A person,other than a veterinary surgeon, must not perform an operation on a dog to prevent it from being able to bark or to reduce the volume of its bark (a debarking operation).Maximum penalty—300 penalty units or 1 year’s imprisonment.
(2) A veterinary surgeon must not perform a debarking operation on a dog unless the surgeon—(a) reasonably considers the operation is in the interests of the dog’s welfare; or (b) has been given a relevant nuisance abatement notice and the surgeon reasonably considers the operation is the only way to comply with the notice without destroying the dog; or (c) has been given an appropriate notice and the surgeon reasonably considers the only way to stop the dog’s barking from being a nuisance, without destroying the dog,is to perform the operation. Maximum penalty—300 penalty units or 1 year’s imprisonment.
(3) For subsection (2)(c),an appropriate notice means a notice signed by each owner of the dog asking the veterinary surgeon to perform the operation and stating each of the following—(a) that,in the opinion of each owner,the dog’s barking is a nuisance; (b) attempts have made to prevent the dog’s barking from being a nuisance; (c) for each attempt—(i) the nature of the attempt; and (ii) enough details of the attempt to allow the veterinary surgeon to form a view under subsection (2)(c); (d) that each attempt has been unsuccessful.Example of an attempt— behavioural approaches taken in consultation with a veterinary surgeon or animal behaviour expert
(4) In this section—bark includes cry,howl and yelp.nuisance,for barking,means interference with the reasonable comfort,peace or privacy of anyone.Relevant nuisance abatement notice means the original,or a copy,of a notice as follows relating to the dog— (a) a nuisance abatement notice under the Environmental Protection Act 1994 (an EPA notice); (b) a notice,however called,under a local law if the notice—(i) complies,or substantially complies,with the requirements for an EPA notice; or (ii) has the same,or substantially the same,purpose as an EPA notice.

Restriction on supplying debarked dog
A person (the supplier) must not supply someone else a dog that the supplier knows has had a debarking operation performed on it unless the supplier has given the other person a signed veterinary surgeon’s certificate stating the operation was performed under section 25.Maximum penalty—150 penalty units or 1 year’s imprisonment.

Other restrictions
A person (the supplier) must not supply someone else an animal as follows unless the supplier has given the other person a signed veterinary surgeon’s certificate stating the procedure was performed in the interests of the animal’s welfare—(a) a dog that has had part of an ear removed to make the ear stand erect; Note— See section 23 (Cropping dog’s ear).(b) a cat with a claw removed from it; (c) a horse that has had its tail docked. Maximum penalty—150 penalty units or 1 year’s imprisonment.

Causing captive animal to be injured or killed by dog
A person must not knowingly cause an animal in captivity to be injured or killed by a dog.Maximum penalty—300 penalty units or 1 year’s imprisonment.Note—If a corporation commits an offence against this provision,an executive officer of the corporation may be taken,under section 209A,to have also committed the offence.

Releasing animal for injury or killing by dog
A person must not release an animal if the release is—(a) to allow the animal to be injured or killed by a dog; or (b) in circumstances in which the animal is likely to be injured or killed by a dog unless the person took reasonable steps to prevent the injury or killing.Maximum penalty—300 penalty units or 1 year’s imprisonment.Note—If a corporation commits an offence against this provision,an executive officer of the corporation may be taken, under section 209A,to have also committed the offence.

Keeping or using kill or lure for blooding or coursing
A person must not keep or use an animal as a kill or lure—(a) for blooding a dog; or(b) to race or train a coursing dog.Maximum penalty—300 penalty units or 1 year’s imprisonment.Note— If a corporation commits an offence against this provision,an executive officer of the corporation may be taken,under section 209A,to have also committed the offence.

Obligation to exercise closely confined dogs
(1) A person in charge of a dog that is closely confined for a continuous period of 24 hours must,unless the person has a reasonable excuse,ensure the dog is exercised or allowed to exercise itself for— (a) the next 2 hours; or (b) the next hour and for another hour in the next 24 hours.Maximum penalty—20 penalty units.
(2) In deciding whether a dog is closely confined for subsection (1),regard must be had to the dog’s age,physical condition and size.

Unlawfully allowing an animal to injure or kill another animal
(1) A person in control of an animal (the first animal) must not unlawfully allow it to injure or kill another animal (the second animal).Maximum penalty—300 penalty units or 1 year’s imprisonment.Note—If a corporation commits an offence against this provision,an executive officer of the corporation may be taken,under section 209A,to have also committed the offence.
(2) The person unlawfully allows the first animal to injure or kill the second animal if immediately before the injury or killing happens—(a) the first animal was under the person’s immediate supervision; and Example of immediate supervision for paragraph (a)—The first animal is within the person’s sight.(b) the person—(i) was aware of the second animal’s presence; and (ii) ought reasonably to have suspected that the second animal was immediately vulnerable to the first animal and was likely to be injured or killed by it; and (iii) did not take reasonable steps to prevent the injury or killing.Examples of reasonable steps for subparagraph (iii)—1 If the first animal is a dog,putting the dog on a lead while the second animal is vulnerable to it.2 If the first animal is a cat,caging the cat while the second animal is vulnerable to it.

For further informations:
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalCaPrA01.pdf

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