Queensland laws relating to animals are set out in the Animal Care and Protection Act 2001 (The Act). The purpose of the act is to promote the responsible care and use of animals. It places a legal duty of care on people in charge of animals to meet those animals’ needs in an appropriate way.
The Criminal Code Act 1899 also covers several offences for severe animal cruelty.
What animals are covered by the Animal Care and Protection Act 2001?
All living vertebrate animals including mammals, reptiles, birds, amphibians, fish and cephalopod invertebrates such as octopus and cuttlefish are covered by the act. It does include pre-hatched or pre-natal mammals, avian or reptile young, however not fish.
The Act covers animals used for:
- The production of food and fibre (e.g. livestock)
- Sport and recreation
- Entertainment or exhibition (e.g. zoo animals)
- Scientific purposes (e.g. laboratory animals)
- Work
- Education
- Companionship (domestic pets).
It also covers feral animals and wildlife.
Who enforces the Act?
Alongside the Police, Biosecurity Queensland and the RSPCA provide animal welfare services and work to enforce the Act. Biosecurity Queensland and the RSPCA has trained inspectors that also work to educate and enforce the Act. These inspector’s have the power to enter places and vehicles, inspect animals, relieve animal pain, copy documents relating to animal welfare investigations, issue an animal welfare direction, seize an animal and destroy an animal.
Common offences under the Act
The main offences covered by the Animal Care and Protection Act 2001 include cruelty, duty of care and abandoning animals.
Cruelty
It is an offence to be cruel to the animals covered by the Act. Cruelty relates to causing unjustifiable, unnecessary or unreasonable pain (distress and mental or physical suffering) to animals. This could include the use of an electric prodder, leaving an animal in a hot car, beating, tormenting, overworking, transporting unfit animals or killing an animal inhumanely.
If you are convicted of an animal cruelty charge, the penalty can include significant fines or a term of imprisonment.
The Criminal Code Act 1899 also outlines the offence of serious animal cruelty. For this, the prosecution will need to prove you killed, caused serious injury or caused prolonged suffering to an animal, you did so unlawfully and you did the unlawful thing with the intention of inflicting severe pain or suffering on the animal. The maximum penalty is 7 years imprisonment.
Breach of Duty of Care
There is a legal duty to care for an animal’s needs in an appropriate way when you are in charge. ‘Appropriate care’ includes providing food and water, providing accommodation or living conditions, understanding your animal’s normal behavioural patterns, treating disease and injury and handling the animal appropriately.
This duty of care must be understood before the obtainment of an animal. When evaluating ‘appropriate care’, courts will take into consideration the animal’s species, environment and circumstances, such as its age and where it lives, and what steps a reasonable person would take in the circumstances. Lack of proper care may cause an animal welfare inspector to investigate whether you have breached this duty.
A person is ‘in charge’ of an animal if they own or have a lease, licence or other proprietary interest in the animal, have custody of the animal (including care or control) or employs or engages someone else to have custody of the animal.
If you are convicted of a breach of duty of care, the maximum penalty is $46,440.00 or 1 year imprisonment. More serious breaches that may arise from the breach causing the death, serious deformity, serious disability or prolonged suffering of the animal carry a maximum penalty of $309,600.00 or 3 years imprisonment.
Other offences
Other animal offences in Queensland include the possession of a prong collar, which carries a maximum penalty of $4,644.00. Or, the use of a prong collar, which carries a maximum penalty of $15,480.00. The use of animal traps are not banned, but should be designed to minimise pain for the animal, or it may be animal cruelty. Events such as cockfighting, bullfighting, dogfighting, coursing and certain types of hunting are also classified as ‘prohibited events’ and are unacceptable in Queensland.
Defences
Under the Criminal Code Act 1899, the available statutory defences include extraordinary emergency, insanity or intoxication. Under the Animal Care and Protection Act 2001, defences may include complying with adopted codes of practice in conjunction with fulfilling duty of care, controlling feral or pest animals, fishing under certain live bait or slaughtering animals under religious faith.
If you are facing an animal offence charge, our lawyers are here to help you and provide legal guidance. Contact us today to receive confidential advice and experienced legal representation.
The maximum penalties mentioned in this article can change and is current at the time of writing this article in April 2024.
