PREVENTION OF CRUELTY TO ANIMALS ACT 1986
Table of Provisions
PART 1--PRELIMINARY
PART 2--PROTECTION OF ANIMALS
Division 1--Cruelty
- 8 Definitions
- 9 Cruelty
- 10 Aggravated cruelty
- 11 Defences to cruelty or aggravated cruelty
- 11A Further prohibited procedure offences
- 12 Court orders for disqualification from or conditions on ownership etc. of animal
- 12AA Court may authorise seizure and disposal of animal kept in contravention of order
- 12AB Orders must not be made in relation to certain persons
- 12AC Order may be suspended
- 12AD Person subject to order may apply for variation etc.
- 12AE Control orders to operate consecutively
- 12AF Person must comply with control order
- 12A Registration of interstate orders
- 12B Governor in Council may declare corresponding law
- 13 Baiting and luring
- 14 Trap-shooting
- 15 Selling traps
- 15AB Setting or using traps
- 15A Dogs on moving vehicles
- 15B Offence under section 15A to be operator onus offence
- 15C Breeding of animals with heritable defects
Division 2--Rodeos
- 16 Offence to operate rodeos without a licence or permit
- 17 Grant of rodeo licences
- 17A Duration of licences
- 17B Issue of rodeo permits and rodeo school permits
- 17C Application for a rodeo licence, a rodeo permit or a rodeo school permit
- 17D Grounds on which Department Head may refuse to grant or issue licence or permit
- 17E Conditions on licences and permits
- 17F Variation of licences and permits
- 17G Notice of proposal to cancel a rodeo licence or permit or rodeo school licence
- 17H Making of submissions on proposal to cancel
- 17I Cancellation of a rodeo licence, a rodeo permit or rodeo school permit
Division 3--POCTA inspectors
- 18 General inspectors
- 18A Specialist inspectors
- 19 Identification certificates of POCTA inspectors
- 20 Offence to impersonate etc. POCTA inspectors
- 20A Department Head may declare animals at risk due to an emergency
PART 2A--ENFORCEMENT
Division 1--Preliminary
- 21 Definitions
Division 1A--Monitoring of persons subject to control orders or interstate control orders
- 21A Court may authorise monitoring of person when making control order
- 21B POCTA inspector may apply for order to monitor compliance with control orders or interstate control orders
- 21C Powers to enter premises and monitor compliance with control orders or interstate control orders
Division 2--Emergency powers to deal with animals
- 22 Power to seize abandoned animals in public places
- 23 Emergency powers of entry in relation to animals
- 24 Emergency power to enter and seize or destroy abandoned, distressed or disabled animals
- 24AA Emergency power to enter and seize animals used for fighting, blooding or as a lure or kill
- 24A Additional powers that may be exercised on emergency entry
- 24B Powers to recover certain costs
- 24C Obtaining veterinary treatment
- 24D Emergency powers of veterinary practitioners and superintendents of saleyards
Division 3--Search for and seizure of animals, warrants and authorisations
- 24E Notice of intent to seize distressed etc. animals
- 24F Seizure of distressed etc. animals after service of notice of intent to seize
- 24FA Seizure and disposal of distressed etc. animals without notice of intent to seize
- 24FB Notice to seize and dispose of animal
- 24FC Actions that may be taken under authorisation under section 24FA
- 24FD Method of disposal of animal seized under authorisation under section 24FA
- 24G Search warrants for at risk animals on premises
- 24H Magistrates' Court may extend period of warrant under section 24G
Division 4--Search for and seizure of things
- 24I Definition
- 24J Seizure of things
- 24K Search warrants for premises
- 24KA Search warrant for premises if non-compliance with section 24ZTA
- 24L Additional power of entry for specialist inspectors
Division 5--General provisions as to search warrants
- 24M Provisions as to search warrants
- 24N Application of Magistrates' Court Act 1989
- 24O Announcement before entry
- 24P Details of warrant to be given to occupier
- 24Q Seizure of things not mentioned in the warrant and taking of samples
Division 6--Duties and powers as to seized animals
- 24R Duty to take steps to identify owner
- 24S Steps to be taken where welfare of animal not at risk
- 24T Provision for recovery or disposal of animals that are not at risk
- 24U Steps to be taken where welfare of animal is at risk
- 24V Power to retain animal for purposes of application under section 24X
- 24W Power to dispose of animal at risk not claimed by owner or person in charge
- 24X Court orders as to costs and disposal of animals
- 24Y Methods of disposal of animals
- 24Z Power to destroy diseased or distressed animals
- 24ZAA Forfeiture and disposal of animals seized under section 24AA
- 24ZA Disposal of animal by sale
- 24ZB Costs and proceeds of sold animals
- 24ZC Costs and proceeds of destroyed animals
- 24ZD Forfeiture of seized animal
Division 7--Duties and powers as to seized things (that are not animals)
- 24ZE Definition
- 24ZF Receipt must be given for any thing seized
- 24ZG Copies of certain seized things to be given
- 24ZH Access to seized things
- 24ZI Return of seized thing before commencement of proceedings
- 24ZJ Return of seized things
- 24ZK Magistrates' Court may extend retention period
- 24ZL Dispute as to person entitled to return of seized thing
- 24ZM Unclaimed seized thing may be sold or destroyed
- 24ZN Forfeiture of seized things
Division 8--Samples
- 24ZO Provisions relating to the taking and keeping of samples
Division 9--Further miscellaneous powers, duties and offences
- 24ZP Notice to comply
- 24ZQ Requirement to give information to inspector during entry
- 24ZQA Requirement to muster, yard or secure animals
- 24ZR Offences as to inspectors
- 24ZS Offences as to veterinary practitioners etc.
- 24ZT Offence to fail to provide name and address
- 24ZTA Requirement to make documents available for inspection
- 24ZU POCTA inspectors must identify themselves
- 24ZV Protection against self-incrimination
- 24ZW Power to file charges
- 24ZX Conduct of proceedings
- 24ZY Court to take judicial notice
PART 3--SCIENTIFIC PROCEDURES
Division 1--Preliminary
- 25 Definitions
Division 2--Offences
- 26 Offences relating to scientific procedures carried out at scientific premises
- 27 Offences relating to scientific procedures carried out outside scientific premises
- 28 Offences relating to breeding of specified animals for use in scientific procedures
Division 3--Scientific procedures premises licences
- 29 Grant of a scientific procedures premises licence
- 29A Considerations for grant of scientific procedures premises licence
- 30 Application for a scientific procedures licence
- 31 Duration of scientific procedures premises licences
- 32 Conditions on scientific procedures premises licences
Division 4--Scientific procedures field work licences
- 32A Grant of a scientific procedures field work licence
- 32AB Considerations for grant of scientific procedures field work licence
- 32B Application for a scientific procedures field work licence
- 32C Duration of scientific procedures field work licences
- 32D Conditions on scientific procedures field work licences
Division 5--Specified animals breeding licences
- 32E Grant of a specified animals breeding licence
- 32EA Considerations for grant of specified animals breeding licence
- 32F Application for a specified animals breeding licence
- 32G Duration of specified animals breeding licence
- 32H Conditions on specified animals breeding licence
Division 6--General licensing provisions
- 32I Power of Department Head to renew licences
- 32IA Considerations for renewal of licence
- 32J Application to renew a licence
- 32K Power of the Department Head to vary licences
- 32L Variation of licence on the motion of the Department Head
- 32LA Considerations for variation of a licence on the motion of the Department Head
- 32M Application to vary a licence
- 32N Suspension of licence and notice of proposal to cancel
- 32O Making of submissions on suspension
- 32P Power of the Department Head to cancel a licence
- 32Q Notice of Department Head's decision
- 32R Coming into effect of cancellation
Division 7--Miscellaneous
- 33 Review by Victorian Civil and Administrative Tribunal
- 34 Peer Review Committees
- 35A Offences as to authorised officers
- 36 Offences
PART 3AA--ENFORCEMENT FOR PART 3
- 36A Entry to monitor compliance
- 36B Application for search warrant
- 36C Search warrant
- 36D Seizure and samples of things not mentioned in the warrant
- 36E Requirements for search warrants
- 36F Requirements for seizure of things and taking samples
- 36G Notice to comply
- 36H Notice as to treatment, destruction etc. of animal
- 36I Commencement of proceeding not prevented
- 36J Department Head may take action where notice not complied with
- 36K Court may make adverse publicity order
- 36L Action Department Head may take on finding of contempt
- 36M Department Head may give notice of intent to act on failure to comply with order
- 36N Action to be taken if response to notice not satisfactory
- 36O Action for contempt
- 36P Recovery of costs
- 36Q Requirement to give information to authorised officer during entry
- 36R Protection against self-incrimination
- 36S Power to file charges
- 36T Power to prepare compliance report
- 36U Imposing fees for compliance reports
- 36V Payment of fee
PART 3A--INFRINGEMENT NOTICES
PART 3B--ANIMALS IN RESEARCH AND TEACHING WELFARE FUND
- 37C Animals in Research and Teaching Welfare Fund
- 37D Payments into the Fund
- 37E Investment of money in the Fund
- 37F Payment of money out of the Fund
PART 4--MISCELLANEOUS
- 38 Delegation
- 39 Evidence
- 40 Neglect to prosecute
- 41 Liability for offences
- 41AA Offences by bodies corporate
- 41AB Conduct by officers, employees or agents
- 41AC Time for charging certain offences under this Act
- 41A Council employees etc. not subject to offence for giving information
- 42 Regulations