Significant legal instruments
Compiled from Eadie (2009), Bruce (2012a), Cao (2010), Sankoff et al. (2013) and primary sources.
Main legal instruments: Constitutional powers over: quarantine, fisheries, trade and commerce, and treaties. Power to develop model codes. Australian animal welfare strategy 2005 (status remains uncertain at the time of writing)
National code of practice for the humane shooting of kangaroos and wallabies for commercial purposes (regulates the welfare of kangaroos killed for commercial purposes)
Australian Meat and Livestock Industry Act 1997 (requires licensing of exporters; requires compliance with industry standards to receive an export permit)
Export Control Act 1982
Navigation Act 1912 (regulates animals while on ships)
Food regulation standing committee Australian standard for the hygienic production and transportation of meat and meat products for human consumption 2007 (adopted nationally through various food regulations; requires animals be stunned before they are killed; includes exemptions for religious, eg halal and kosher, practices)
Export Control Act 1982 (provides for halal slaughter of exported meat)
Australian code of practice for the care and use of animals for scientific purposes 2002
NHMRC Australian code of practice for the use of animals for scientific purposes 1969 (encourages the ‘3 Rs’: replacement, reduction and refinement of research methods using animals; established animal ethics committees in licensed institutions; is made binding through its bundling with research grants)
Seas and Submerged Lands Act 1973 (Australia claims an exclusive economic zone adjacent to the Australian Antarctic Territory)
Convention on international trade in endangered species of wild fauna and flora 1973
Antarctic treaty 1959
International convention for the regulation of whaling 1945
Environmental Protection and Biodiversity Conservation Act 1999 (regulates the welfare of imported exotic animals; protects animals of national environmental significance; protects threatened native species in Commonwealth areas)
Native Title Act 1993 (removed restrictions on traditional animal hunting and use by native-title holders)
Main legal instrument: Animal Welfare Act 1992 (prohibits acts of cruelty and unnecessary pain; adherence to an approved code is a defence)
Definition of an animal: all animals excluding human beings
Enforcement: inspections by the RSPCA ACT
No specific farm act. Poultry covered by the Poultry model code of practice
Domestic Animals Act 2000 (all cats and dogs to be micro-chipped at point of sale)
Animal Welfare Act 1992 (regulates circus animals; prohibits some species of exotic animals)
Animal Welfare Act 1992 (jumps racing banned)
Firearms Act 1996 (licensed hunting of vermin on private land permitted with permission)
Animal Welfare Act 1992 (prohibits rodeos)
Animal Welfare Act 1992 (regulates travelling zoos; prohibits some species, e.g. bears)
Voluntary code for animals used in film and photography
Animal Welfare Act 1992 (requires adherence to the national code)
Pest Plants and Animals Act 2005
Main legal instruments: Prevention of Cruelty to Animals Act 1979 (prohibits acts of cruelty; prohibits failure to prevent acts of cruelty, alleviate pain or provide necessary treatment); Crimes Act 1900 (prohibits serious animal cruelty; provides exemption for routine animal husbandry practices)
Definition of an animal: excludes cephalopods
Enforcement: inspection by the RSPCA New South Wales and the Animal Welfare League
No specific farm act. Stock animals exempted from some anti-cruelty measures (e.g. concerning exercise and caging). Poultry covered by the Poultry Meat Industry Act 1986 and the Prevention of Cruelty to Animals Act 1979
Companion Animals Act 1998 (regulates dangerous breeds; all cats and dogs to be micro-chipped at point of sale)
Exhibited Animals Protection Act 1986
Game and Feral Animal Control Act 2002 (licenses hunting for game animals on private and public land; hunting licence not required for hunting feral animals on private land with the owner’s permission; hunters must be aged 12 or over; permits use of hunting dogs; requires compliance with Game council code of practice, which includes welfare provisions)
Prevention of Cruelty to Animals Act 1979 (hunting animals exempted)
Protecting the welfare of horses competing in bush races in NSW 2003 (voluntary code of practice)
Prevention of Cruelty to Animals Act 1979 (jumps racing banned)
NSW code of practice for the welfare of animals used in rodeo events 1988 (compliance provides exemption from the Prevention of Cruelty to Animals Act 1979)
Prevention of Cruelty to Animals Act 1979 (prohibits animal fighting; exempts rodeos)
Exhibited Animals Protection Act 1986 (regulates zoos and marine parks)
Zoological Parks Board Act 1973
Prevention of Cruelty to Animals Act 1979 (requires code compliance for animals used in theatrical performances)
Animal Research Act 1985 (requires adherence to national code; specifically regulates private businesses and individual researchers)
Game and Feral Animal Control Act 2002
Threatened Special Conservation Act 1995
Rural Lands Protection Act 1998 (eradication orders cannot contravene Prevention of Cruelty to Animals Act 1979)
Local Government Act 1993
Environmental Planning and Assessment Act 1979
National Parks and Wildlife Act 1974
Threatened Special Conservation Act 1995
Environmental Planning and Assessment Act 1979
National Parks and Wildlife Act 1974 (cruelty exemption granted for killing animals for crop protection)
Game and Feral Animal Control Act 2002
National Parks and Wildlife Act 1974
Main legal instrument: Animal Welfare Act 1999 (prohibits acts of cruelty; defence granted where there has been adherence to the relevant code; exemption for use of electrical devices on farm animals. The Northern Territory is the only Australian jurisdiction that specifically states that cultural or religious practices are not a defence)
Definition of an animal: excludes cephalopods
Enforcement: inspection by government department(s) and police
Agriculture and food
No specific farm act. Poultry covered by the Poultry model code of practice
Law Reform (Misc. Provisions) Act 1956
Summary Offences Act 1923 (imposes fines against owners of dogs that attack)
Animal Welfare Act 1999 (jumps racing banned)
Territory Parks and Wildlife Conservation Act 2006 (permits can be issued for collection of live animals, e.g. as companion animals; permits can be issued for the hunting of pigs and waterfowl in specified seasons and locations; hunters must be aged 12 or older)
Animal Welfare Act 1999 (requires adherence to the national code)
Territory Parks and Wildlife Conservation Act 2001 (permits can be issued to take or interfere with problem animals)
Territory Parks and Wildlife Conservation Act 2001 (exemption from permit requirement for traditional hunting)
Animal Welfare Act 1999 (traditional hunting excluded from definition of cruelty)
Main legal instrument: Animal Care and Protection Act 2001 (prohibits acts of cruelty; defence granted where adherence to relevant code; the person in charge of an animal has a duty of care; some prohibited practices (e.g. tail docking) may be carried out by veterinarians if in the animal’s interest); Criminal Code (as at 2014) (criminalises ‘serious animal cruelty’)
Definition of an animal: all animals excluding human beings
Enforcement: inspection by the RSPCA Queensland for companion animals and State Department for livestock
No specific farm act. Game covered by the adoption of national kangaroo and wallaby shooting code as delegated legislation. Poultry covered by the Animal Care and Protection Act 2001 and a voluntary poultry code
Animal Management (Cats and Dogs) Act 2008 (delegates power to councils to enforce dangerous animals prohibitions; all cats and dogs to be micro-chipped at point of sale)
Animal Care and Protection Act 2001 (regulates circus animals via a mandatory code of practice)
Animal Care and Protection Act 2001 (bans jumps racing)
Nature Conservation Amendment Bill 2006 (bans duck and quail hunting)
Animal Care and Protection Act 2001 (cruelty exemption where necessary to protect a human competitor or spectator)
Land Protection (Pest and Stock Route Management) Act 2002
Animal Care and Protection Act 2001 (regulates zoo animals)
Nature Conservation Act 2001 (allows use of exotic animals under permit)
Animals used in film and television are protected by a voluntary code
Animal Care and Protection Act 2001 (requires adherence to national code)
Land Protection (Pest and Stock Route Management Act) 2002
Animal Care and Protection Act 2001 (cruelty exemption for feral and pest animals)
Nature Conservation Act 1992 (killing of animal for damage mitigation to commercial activities allowed via permit)
Animal Care and Protection Act 2001 (conditional exemption for traditional hunting where pain is minimised)
Main legal instrument: Animal Welfare Act 1985 (prohibits acts of ill-treatment; defence granted where adherence to prescribed code; electrical devices may be used on some farm animals)
Definition of an animal: excludes fish, reptiles, crustaceans and cephalopods
Enforcement: inspection by the RSPCA South Australia
No specific farm act. Pork covered by required compliance with the Model code of practice for the welfare of animals: pigs 2008. Poultry covered by the Guidelines for the establishment and operation of poultry farms in South Australia 1998, and by the Animal Welfare Act 1985 (which recommended a Poultry Model Code of Practice)
Dog and Cat Management Act 1985 (delegates power to councils to enforce dangerous animals prohibitions)
Animal Welfare Act 1985 (regulates circus animals via mandatory code of practice)
National Parks and Wildlife Act 1972 (requires hunting licence to hunt unprotected species during specified seasons; permits hunting on private land, with permission)
Animal Welfare Act 1985 (regulates animals to be used in rodeos)
Calf Roping (Rodeos) Prohibited Animal Welfare Act 1985 (requires adherence to the national code)
National Resource Management Act 2004
Plant and Animal Control (Agricultural Protection and Other Purposes) 1986 (suffering not considered)
National Resource Management Act 2004
National Parks and Wildlife Act 1972 (prohibits the taking of native animals and eggs; hunting licence exemption for non-protected species damaging crops and property)
National Parks and Wildlife Act 1972 (exemption for traditional hunting, excluding prohibited species)
Main legal instrument: Animal Welfare Act 1993 (prohibits acts of unreasonable and unjustifiable pain; person in charge of animal has a duty of care)
Definition of an animal: excludes cephalopods
Enforcement: inspection by the RSPCA Tasmania
Agriculture and food
No specific farm act. Poultry covered by the Animal Welfare Act 1993 (which recommended a Poultry Model Code)
Cat Management Act 2009
Dog Control Act 2000 (delegates power to councils to enforce dangerous animal prohibitions)
Nature Conservation Act 1992 (licences the exhibition of undefined ‘wildlife’ undefined)
Animal Welfare Act 1993 (jumps racing banned)
Nature Conservation Act 2002 (licences hunting of specific species, and specifies permittable seasons, weapons, and bag limits; prohibits the use of dogs in hunting)
Animal Welfare Act 1993 (requires rodeo operators to comply with the NCCAW standards for the care and treatment of rodeo livestock)
Animal Welfare Act 1993 (requires adherence to national code)
Vermin Control Act 2000 (animals specified as vermin, e.g. rabbits, hares and foxes, may be hunted at any time on Crown land or, with the permission of landowners, private lands)
Animal Welfare Act 1993 (allows declaration of pest species)
Nature Conservation Act 2002 (conditional exemption for traditional hunting)
Main legal instrument: Prevention of Cruelty to Animals Act 1986 (prohibits acts of cruelty, exemption for farm workers where adhering to a code, exemption for self-defence)
Definition of an animal: excludes cephalopods
Enforcement: RSPCA Victoria
No specific farm act. Poultry covered by the Code of accepted farming practice for the welfare of poultry 2003 and the Prevention of Cruelty to Animals Act 1986. Slaughter covered by the Meat Industry Act 1993
Domestic Animals (Dangerous Dogs) Act 2010 (delegates power to councils to enforce dangerous animal prohibitions)
Domestic Animals Act 1994 (regulates animal hoarding; all cats and dogs to be micro-chipped at date of registration)
Code of practice for the public display and exhibition of animals 2001 (voluntary code)
Wildlife Act 1975 (provides licences for game hunting, regulates permissible seasons, locations permissible and bag limits, prohibits the use of lead (toxic) shot, hunters must be aged 12 or older, permits harrying, i.e. dog tracking of sambar deer)
Prevention of Cruelty to Animals Act 1986
Code of practice for the public display of exhibition of animals 2001 (voluntary code)
Zoological Parks and Gardens Act 1995
Prevention of Cruelty to Animals Act 1986 (specifies a voluntary code for animals used in film)
Prevention of Cruelty to Animals Act 1986 (requires adherence to national code)
Catchment and Lands Protection Act 1994
Flora and Fauna Guarantee Act 1988 (may require land owner to eradicate listed species )
Wildlife Act 1975 (allows the issuing of licences to hunt or take wildlife for cultural purposes)
Main legal instrument: Animal Welfare Act 2002 (prohibits acts of cruelty; exemptions for self-defence, accepted veterinary and farm practices, and acts authorised by law)
Definition of an animal: excludes fish, reptiles, crustaceans and cephalopods
Enforcement: inspection by the RSPCA Western Australia, local government and state departments
No specific farm act. Poultry covered by the Code of practice for poultry in Western Australia 2003
Cat Act 2011 (all cats to be micro-chipped by six months of age)
Dog Act 1976 (delegates power to councils to enforce dangerous animal prohibitions)
Animal Welfare Act 2002 (regulates exhibited animals via mandatory code of practice; cruelty exemptions for zoos and wildlife parks)
Animal Welfare Act 2002 (jumps racing banned)
Firearms Act 1973 (hunting limited to feral species on private land with the owner’s permission; duck hunting is prohibited)
Animal Welfare Act 2002 (provides a defence against prosecution if there has been compliance with the Code of practice for the conduct of rodeos in Western Australia 2003)
Animal Welfare Act 2002 (requires adherence to national code)
Animal Welfare Act 2002 (cruelty offence exemption for proscribed pests)
Wildlife Conservation Act 1970 (allows taking of fauna for customary purposes)
1 The classification of hunting under entertainment is contested by some hunters on the grounds that they consume the animals they kill.