Sustainability-related Regulations Database

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Animal Care and Protection Act 2001

Description: A short description of the legislation.

The purposes of this Act are to do the following— (a) promote the responsible care and use of animals; (b) provide standards for the care and use of animals that— (i) achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and (ii) allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; © protect animals from unjustifiable, unnecessary or unreasonable pain; (d) ensure the use of animals for scientific purposes is accountable, open and responsible.

Application to Australian agriculture: Where the legislation is applicable.

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.

Compliance information: Often the evidence of compliance against a piece of legislation is that there is not a breach of the Act. Where appropriate, the developers of this database have listed evidence which could be used to show compliance if a breach was to be found. Many Best Management Practice (BMP) schemes and other certifications in Australian agriculture include this evidence for accreditation.

The following documentation/information is required to provide evidence of compliance.

Compliance with relevant code of practice or scientific use code (1) It is an offence exemption for an offence if— (a) for an offence constituted by doing an act— (i) a code of practice or the scientific use code states requirements for how the act may be carried out; and (ii) the requirements, to the extent they are relevant to the act, have been complied with; or (b) for an offence constituted by making an omission— (i) a code of practice or the scientific use code states circumstances in which the omission may be made; and (ii) the stated circumstances for making the omission have happened. (2) However, if the provisions of the code about how an act may be done or the circumstances in which the omission may be made are incomplete, it is only an offence exemption if, in doing the act or making the omission, the defendant complied with any duty of care the defendant owed to each animal to which the act or omission relates.

Additional information: The entity this legislation originates from.


Source documents: Links to the legislation documents.