Purpose:

The purpose of this legislation is to provide for the humane care and protection of animals and to regulate the activities of persons who use animals for scientific purposes.

Objectives:

• To ensure that animals are treated humanely.
• To prevent cruelty to animals.
• To promote community awareness about responsibilities and legal obligations associated with the care and protection of animals.
• To regulate the activities of persons who use animals for scientific purposes.

Key Provisions:

• Obligation for persons in control of an animal to provide a minimum level of care.
• Prohibition of cruelty to animals, including specific acts like beating, torturing, injuring, certain mutilations (tail docking, ear cropping, claw removal, voice removal), and horse firing.
• Regulation of the administration and laying of poisons, and the use and possession of certain traps, electrical devices, and spurs.
• Prohibition of specified activities, including organised animal fights, using animals as lures, and blooding greyhounds.
• Establishment of a registration and accreditation system for persons and animal ethics committees involved in scientific use of animals, along with project approval requirements.
• Provisions for monitoring programs and enforcement, including powers of authorised officers, seizure of animals and things, and recovery of costs.
• Establishment of an Animal Welfare Advisory Committee to provide advice on animal welfare issues and codes of practice.

Evidence of Compliance Requirements For Agricultural Organisations:

• Minimum Level of Care (Sections 6, 22, 23):
  • Requirement: A person in control of an animal must provide appropriate and sufficient food and water, appropriate accommodation and living conditions, appropriate treatment for disease or injury/suffering, appropriate exercise, appropriate handling, appropriate confinement or restraint, and appropriate use (e.g., working, riding), and must not abandon the animal or use it in an organised animal fight.
  • Documentation/Action: Maintain records of feed and water provision, veterinary treatments, housing conditions, exercise routines, and training/handling procedures. Implement and document animal welfare management plans. Ensure records demonstrate that care provided is appropriate for the animal’s species and environment and does not cause unjustifiable, unnecessary, or unreasonable suffering.
• Cruelty Prevention (Sections 24, 25):
  • Requirement: Must not engage in conduct that results in animal suffering, beat, abuse, torture, injure, wound, dock tails, crop ears, remove claws, remove voices, or engage in horse firing, unless a veterinarian believes on reasonable grounds that a procedure is a reasonable and necessary therapeutic measure. Must take reasonable action to alleviate suffering if an animal is suffering and the person knows it.
  • Documentation/Action: Implement and adhere to codes of practice relating to animal handling, husbandry, and management. Maintain comprehensive veterinary records for all treatments, especially any procedures that might otherwise be considered mutilations, clearly stating the therapeutic necessity. Document decisions and actions taken to alleviate suffering, including seeking veterinary attention or humane destruction.
• Notification of Injury (Section 26):
  • Requirement: If a person injures a domesticated animal not in their control, they must, as soon as practicable, inform a person in control of the animal or an authorised officer.
  • Documentation/Action: Maintain internal protocols for reporting animal injuries. Document details of any injury caused to another’s animal and evidence of timely notification to the owner/person in control or an authorised officer.
• Poison Control (Sections 27, 28):
  • Requirement: Must not administer poison to an animal or lay poison with the intent to kill or cause suffering, or in circumstances where there is a reasonable likelihood of killing or causing suffering to an animal, unless exempted by regulation or a veterinarian acting in the normal course of practice.
  • Documentation/Action: Maintain records of all pest control measures, including the type of substance used, location, and reason for use. Ensure all substances used are not classified as “poison” or are used under strict regulatory exemptions. Document all reasonable steps taken to avoid killing or causing suffering to animals when laying substances.
• Prohibited Devices (Sections 29, 30, 31):
  • Requirement: Must not set, use, sell, or possess metal jawed traps, prohibited traps, electrical devices (other than electric fences or excluded devices), or specific types of spurs (sharpened/fixed rowels, or those for animal fighting).
  • Documentation/Action: Implement inventory controls to ensure no prohibited traps, electrical devices, or spurs are present on premises or in use. Conduct regular checks to verify compliance. Document the type of traps, electrical devices, or spurs used, demonstrating they are approved or excluded from the prohibition (e.g., soft-jawed traps, electric fences).
• Prohibited Activities (Section 32):
  • Requirement: Must not use or permit an animal to be used for, organise, promote, advertise, conduct, or attend certain prohibited activities (e.g., animal fighting, blooding greyhounds), nor permit premises to be used for such activities. Exemptions exist for mustering and working of stock animals.
  • Documentation/Action: Develop and enforce internal policies prohibiting participation in or facilitation of listed prohibited activities. Ensure clear documentation of legitimate activities such as mustering and working of stock animals to differentiate from prohibited actions.
• Greyhound Keeping (Section 33):
  • Requirement: If keeping greyhounds for racing, must not keep other animals used for blooding greyhounds on the same premises, unless specifically authorised in writing by the CEO.
  • Documentation/Action: If applicable, obtain and maintain written authorisation from the CEO to keep other animal species on premises with greyhounds. Keep records of all animals on premises, their species, and purpose.
• Restraining Dogs in Moving Vehicles (Section 34):
  • Requirement: If transporting a dog by motor vehicle or trailer on a public street, and the dog is not inside the passenger compartment, it must be secured to prevent injury from falling. This does not apply to dogs assisting in the movement of stock animals.
  • Documentation/Action: Implement and enforce protocols for securing dogs during transport. Document training of staff on safe animal transport.
• Scientific Use Registration (Part 4, Division 2):
  • Requirement: Any person (including organisations) using or allowing animals to be used for scientific purposes must be a registered person, or an individual/student acting in the course of engagement/studies for a registered person.
  • Documentation/Action: Obtain and maintain current registration with the CEO. The application (Section 41) must be in the approved form, specify activity type, specify accredited animal ethics committee(s) to be used, specify address of premises, and be accompanied by other information and fees as required by the CEO.
• Compliance with Registration Conditions (Section 44):
  • Requirement: Registered persons must comply with all conditions imposed on their registration by the CEO.
  • Documentation/Action: Ensure all activities and processes align with the specified conditions of registration. Maintain internal records demonstrating ongoing adherence to these conditions, such as operational logs, training records, and internal audits.
• Registration Renewal (Section 45):
  • Requirement: Apply for renewal of registration before the expiry date (registration is valid for 3 years). The application must be in the approved form, supported by specified information, and accompanied by the prescribed fee.
  • Documentation/Action: Submit renewal applications in a timely manner, including all required forms, supporting information, and fees.
• Animal Ethics Committee Accreditation (Part 4, Division 3):
  • Requirement: An animal ethics committee used by a registered person must be accredited by the CEO.
  • Documentation/Action: If maintaining an internal animal ethics committee, apply for and maintain its accreditation (Sections 50-54). The application must be in the approved form, specify terms of reference, describe constitution, include other CEO-specified information, and any prescribed fee. Ensure the committee’s constitution and competence comply with the scientific use code.
• Project Approval (Part 4, Division 4):
  • Requirement: A registered person must have an approval for each project involving the use of an animal for scientific purposes, granted by an accredited animal ethics committee. All conditions of the project approval and the scientific use code must be complied with.
  • Documentation/Action: Obtain project approval for each scientific project. Maintain records of all project approvals and demonstrate adherence to all conditions of each approval (Section 62).
• Compliance with Codes (Section 70):
  • Requirement: Must comply with the “Australian code for the care and use of animals for scientific purposes” (scientific use code) and any other applicable code of practice adopted or prescribed by regulation when using animals for scientific purposes.
  • Documentation/Action: Implement procedures and training to ensure compliance with the scientific use code and relevant codes of practice. Maintain records of training, internal audits, and corrective actions taken to address any non-compliance.
• Annual Report - Registered Persons (Section 72):
  • Requirement: Submit an annual report to the CEO for each calendar year (or part thereof) registered, within 5 months after the end of the calendar year, or a longer period allowed by the CEO. The report must include prescribed information about animals used, activities performed, and complaints received (including steps and outcomes).
  • Documentation/Action: Prepare and submit detailed annual reports to the CEO, including:
    • Information on the number and species of animals used for scientific purposes.
    • Details of scientific activities conducted.
    • Records of any complaints received relating to animal activities, along with documented steps taken to address them and their outcomes during the reporting period.
• Annual Report - Accredited Animal Ethics Committees (Section 73):
  • Requirement: An accredited animal ethics committee must submit an annual report to the CEO for each calendar year (or part thereof) accredited, within 5 months after the end of the calendar year, or a longer period allowed by the CEO. The report must include prescribed information about project approvals granted and complaints received.
  • Documentation/Action: Prepare and submit detailed annual reports to the CEO, including:
    • Information on each project approval granted during the calendar year.
    • Records of any complaints received relating to activities conducted under project approvals, along with documented steps taken to address them and their outcomes during the reporting period.
• Reporting Contraventions (Section 74):
  • Requirement: A registered person must report any conduct believed on reasonable grounds to contravene Part 4 (Regulation of scientific users of animals) to the CEO and the accredited animal ethics committee within 7 days of forming that belief, in the prescribed manner.
  • Documentation/Action: Implement a system for internal reporting of suspected contraventions and for their timely reporting to the CEO and the accredited animal ethics committee. Maintain records of all such reports.
• Improvement Notice Compliance (Section 75):
  • Requirement: Must comply with an improvement notice issued by an authorised officer within the specified time to remedy a contravention of the scientific use code or AEC requirements, prevent a likely contravention, remedy causative factors, or take other action for animal welfare.
  • Documentation/Action: Retain a copy of any improvement notice received. Provide documented evidence of all actions taken to comply with the notice, including dates of completion and any resulting improvements to animal welfare or compliance.
• Cooperation with Inspections and Monitoring (Sections 79, 83, 88, 90, 92):
  • Requirement: Authorised officers can monitor compliance with codes of practice and the scientific use code (Section 78). Organisations must allow entry to commercial premises for inspections at reasonable times (Section 83(2)©) (with 48 hours notice, unless specific exemptions apply or consent to shorter notice is given). Must comply with officer requirements during inspections to answer questions, produce documents, and give reasonable help (Section 88(2)(g)). If an animal is suffering, must comply with written notices to obtain veterinary treatment, provide reports, present animal for inspection, or answer questions (Section 90). Must comply with Animal Welfare Directions (Section 92).
  • Documentation/Action: Facilitate authorised officer entry to premises upon request. Have documents and information readily available for inspection (e.g., animal health records, treatment logs, feeding schedules, facility maintenance records). Ensure staff are trained to cooperate with authorised officers. Maintain records of all formal requests for information, documents, and compliance with animal welfare directions and improvement notices, including dates, actions taken, and outcomes. Keep any written reports received from authorised officers after inspection of commercial premises (Section 89).

Metadata Keywords:

Animal welfare, Animal Protection Act, Northern Territory, Agriculture, Scientific Use, Livestock, Compliance, Cruelty Prevention, Regulations

Publication Information:

Publication date: As in force at 2 November 2022 Assent date: 22 November 2018 Commencement date: 1 November 2022

Agricultural Industry Alignment:

Beef & Veal, Chicken, Dairy, Eggs, Pig, Sheep Meat, Wool

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://legislation.nt.gov.au/api/sitecore/Act/PDF?id=12398 →