2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport and Municipal Services)
Animal Welfare Amendment Bill 2016

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New sections 6A and 6B	2
	5	Pain
Section 8	4
	6	Section 14	4
	7	Exception—conduct in accordance with approved code of practice or mandatory code of practice
Section 20 (d)	5
	8	Powers of inspectors
New section 82 (1) (fa) and (fb)	5
	9	New section 82 (4)	5
	10	New sections 82A and 82B	6
	11	Powers of authorised officers
New section 84 (1) (ga) and (gb)	7
	12	New section 84 (4)	8
	13	New sections 84AA and 84AB	8
	14	New section 100A	10
	15	Animal offences—court orders (general)
Section 101 (2) and (3)	11
	16	New section 101 (5)	12
	17	Section 103 heading	12
	18	Section 103 (1) (a) (i)	12
	19	Section 103 (1) (b)	12
	20	Section 103 (2)	13
	21	Section 103 (3) (b)	13
	22	Section 104 heading	13
	23	Section 104	13
	24	Dictionary, new definitions	13
Schedule 1	Consequential amendments	14
Part 1.1	Domestic Animals Act 2000	14
Part 1.2	Domestic Violence and Protection Orders Act 2008	14
Part 1.3	Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014	15

2016
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Transport and Municipal Services)
Animal Welfare Amendment Bill 2016

A Bill for
An Act to amend the Animal Welfare Act 1992, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Animal Welfare Amendment Act 2016.
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Animal Welfare Act 1992.
Note	This Act also amends the following legislation (see sch 1):
·	Domestic Animals Act 2000 
·	Domestic Violence and Protection Orders Act 2008
·	Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014.
4	New sections 6A and 6B
in part 2, insert
6A	Meaning of cruelty—pt 2
In this part:
cruelty, in relation to an animal, includes the following:
	(a)	causing pain that is unjustifiable, unnecessary or unreasonable in the circumstances; 
	(b)	beating that causes pain;
	(c)	abusing, terrifying or tormenting;
	(d)	injuring or wounding that is unjustifiable, unnecessary or unreasonable in the circumstances.
6B	Duty to care for animal
	(1)	A person in charge of an animal has a duty to care for the animal.
	(2)	A person in charge of an animal commits an offence if the person—
	(a)	fails to take reasonable steps to provide the animal with appropriate—
	(i)	food and water; or
	(ii)	shelter or accommodation; or
	(iii)	opportunity to display behaviour that is normal for the animal; or
	(iv)	treatment for illness, disease, and injury; or
	(b)	abandons the animal.
Maximum penalty:  100 penalty units, imprisonment for 1 year or both.
	(3)	In this section:
appropriate means suitable for the needs of the animal having regard to the species, environment and circumstances of the animal.
reasonable steps means the steps a reasonable person would be expected to take having regard to all the circumstances.
treatment includes veterinary treatment if a reasonable person would expect veterinary treatment to be sought in the circumstances.
5	Pain
Section 8
omit
6	Section 14
substitute
14	Use or possession of prohibited item
	(1)	A person commits an offence if the person uses a prohibited item on, or in relation to, an animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
	(2)	A person commits an offence if the person possesses a prohibited item.
Maximum penalty:  20 penalty units.
	(3)	Subsection (2) does not apply to a person if the person possesses a prohibited item—
	(a)	only for display; or
	(b)	as part of a collection that is not intended for use on, or in relation to, an animal.
	(4)	In this Act:
prohibited item means—
	(a)	a spur with a sharpened or fixed rowel; or
	(b)	a cockfighting spur; or
	(c)	a device that is made or adapted to be attached to an animal that lets the animal cause injury to another animal.
7	Exception—conduct in accordance with approved code of practice or mandatory code of practice
Section 20 (d)
substitute
	(d)	section 14 (Use or possession of prohibited item);
8	Powers of inspectors
New section 82 (1) (fa) and (fb)
insert
	(fa)	seize any dependant offspring of an animal seized under paragraph (f); or
	(fb)	seize any animal that the inspector believes on reasonable grounds is kept by, or in the care or control of, a person in contravention of—
	(i)	an interim order under section 100A (2) (Animal offences—court orders (interim)); or
	(ii)	an order under section 101 (3) (Animal offences—court orders (general)); or
9	New section 82 (4)
insert
	(4)	A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (g).
Maximum penalty: 20 penalty units.
10	New sections 82A and 82B
in division 7.3, insert
82A	Direction to give name and address—inspector
	(1)	This section applies if an inspector believes on reasonable grounds that a person—
	(a)	has committed, is committing or is about to commit an offence against this Act; or
	(b)	may be able to assist in the investigation of an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The inspector may direct the person to give the inspector, immediately, any of the following personal details:
	(a)	the person’s full name;
	(b)	the person’s home address.
Note	Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46).
	(3)	The person may ask the inspector to produce the inspector’s identity card for inspection by the person.
	(4)	If the inspector believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the inspector may direct the person to produce evidence immediately of the correctness of the detail.
	(5)	If an inspector gives a direction under this section to a person, the inspector must tell the person that it is an offence if the person fails to comply with the direction.
82B	Offence—fail to comply with inspector’s direction to give name and address
	(1)	A person commits an offence if the person—
	(a)	is subject to a direction under section 82A (2); and
	(b)	fails to comply with the direction.
Maximum penalty: 5 penalty units.
Note	It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).
	(2)	An offence against this section is a strict liability offence.
	(3)	This section does not apply to a person if the inspector did not produce the inspector’s identity card for inspection by the person if asked.
	(4)	This section does not apply to a person if the inspector did not, before giving the direction, warn the person that failure to comply with the direction is an offence. 
Note	The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).
11	Powers of authorised officers
New section 84 (1) (ga) and (gb)
insert
	(ga)	seize any dependant offspring of an animal seized under paragraph (g); or
	(gb)	seize any animal that the officer believes on reasonable grounds is kept by, or in the care or control of, a person in contravention of—
	(i)	an interim order under section 100A (2) (Animal offences—court orders (interim)); or
	(ii)	an order under section 101 (3) (Animal offences—court orders (general)); or
12	New section 84 (4)
insert
	(4)	A person must take reasonable steps to comply with a requirement made of the person under subsection (1) (h).
Maximum penalty: 20 penalty units.
13	New sections 84AA and 84AB
in division 7.4, insert
84AA	Direction to give name and address—authorised officer
	(1)	This section applies if an authorised officer believes on reasonable grounds that a person—
	(a)	has committed, is committing or is about to commit an offence against this Act; or
	(b)	may be able to assist in the investigation of an offence against this Act.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(2)	The authorised officer may direct the person to give the authorised officer, immediately, any of the following personal details:
	(a)	the person’s full name;
	(b)	the person’s home address.
Note	Power to make the direction includes power to amend or repeal the direction (see Legislation Act, s 46).
	(3)	The person may ask the authorised officer to produce the authorised officer’s identity card for inspection by the person.
	(4)	If the authorised officer believes on reasonable grounds that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the authorised officer may direct the person to produce evidence immediately of the correctness of the detail.
	(5)	If an authorised officer gives a direction under this section to a person, the authorised officer must tell the person that it is an offence if the person fails to comply with the direction.
84AB	Offence—fail to comply with authorised officer’s direction to give name and address
	(1)	A person commits an offence if the person—
	(a)	is subject to a direction under section 84AA (2); and
	(b)	fails to comply with the direction.
Maximum penalty: 5 penalty units.
Note	It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).
	(2)	An offence against this section is a strict liability offence.
	(3)	This section does not apply to a person if the authorised officer did not produce the authorised officer’s identity card for inspection by the person if asked.
	(4)	This section does not apply to a person if the authorised officer did not, before giving the direction, warn the person that failure to comply with the direction is an offence. 
Note	The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58).
14	New section 100A
insert
100A	Animal offences—court orders (interim)
	(1)	This section applies if—
	(a)	an animal has been seized under section 82 (1) (f) or section 84 (1) (g); and
	(b)	a proceeding for an offence has been started in a court against a person who was, before the seizure, in charge of the seized animal; and
	(c)	the court is satisfied that, unless an appropriate interim order under this section is made, the person is likely to engage in conduct in relation to an animal that requires—
	(i)	the seizure of an animal under this Act; or
	(ii)	a further proceeding to be started for an offence.
	(2)	The court may make an order (an interim order) as it considers appropriate that the person must not—
	(a)	purchase or acquire any animal within the period stated in the order; or
	(b)	keep, care for or control any animal within the period stated in the order.
	(3)	The duration of an interim order under subsection (2)—
	(a)	must be stated in the order; and
	(b)	must not be longer than 6 months.
	(4)	If an interim order has ended or is about to end the court may make a further interim order if the court is satisfied that the matters mentioned in subsection (1) continue to apply.
	(5)	A person must not engage in conduct that contravenes an interim order.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
15	Animal offences—court orders (general)
Section 101 (2) and (3)
substitute
	(2)	The court may, in addition to any penalty which it may otherwise impose, make any order it considers appropriate in relation to—
	(a)	the disposal of—
	(i)	the animal in relation to which the offence was committed; and
	(ii)	any other animal of which the person is in charge; and
	(b)	the payment to the Territory of expenses incurred in the care of—
	(i)	the animal in relation to which the offence was committed; and
	(ii)	any other animal of which the person is in charge.
	(3)	The court may, in addition to any penalty which it may otherwise impose, make an order as it considers appropriate that the person must not—
	(a)	purchase or acquire any animal within the period stated in the order; or
	(b)	keep, care for or control any animal within the period stated in the order.
16	New section 101 (5)
insert
	(5)	In this section:
expenses incurred, in the care of an animal, includes any expense incurred by, or on behalf of, the Territory for any of the following:
	(a)	taking possession of the animal;
	(b)	transporting the animal;
	(c)	providing food, drink and water for the animal;
	(d)	providing shelter or accommodation for the animal;
	(e)	providing veterinary care for the animal.
17	Section 103 heading
substitute
103	Prohibited item and trap offences—court orders (general)
18	Section 103 (1) (a) (i)
substitute
	(i)	under section 14; or
19	Section 103 (1) (b)
omit
a spur, cockfighting spur cap or
substitute
a prohibited item or
20	Section 103 (2)
omit
spur, cockfighting spur cap or
substitute
prohibited item or
21	Section 103 (3) (b)
substitute
	(b)	a prohibited item.
22	Section 104 heading
substitute
104	Prohibited item and trap offences—court orders (costs and proceeds of disposal)
23	Section 104
omit
spur, cockfighting spur cap or
substitute
prohibited item or
24	Dictionary, new definitions
insert
cruelty, in relation to an animal, for pt 2 (Animal welfare offences)—see section 6A.
prohibited item—see section 14.

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Domestic Animals Act 2000
[1.1]	Dictionary, definition of animal welfare offence, paragraph (aa)
before paragraph (a), insert
	(aa)	section 6B (Duty to care for animal);
[1.2]	Dictionary, definition of animal welfare offence, paragraph (c)
omit
[1.3]	Dictionary, definition of animal welfare offence, paragraph (m)
substitute
	(m)	section 14 (Use or possession of a prohibited item);
Part 1.2	Domestic Violence and Protection Orders Act 2008
[1.4]	Section 13 (3), definition of animal violence offence, paragraph (c)
omit
Part 1.3	Magistrates Court (Animal Welfare Infringement Notices) Regulation 2014
[1.5]	Schedule 1, item 7
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 March 2016.
2	Notification
	Notified under the Legislation Act on	2016.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2016