The Animal Care & Protection Act (2001)
Community consultation for the review of the Animal Care and Protection Act 2001 has now closed. The Department is considering all feedback received during the consultation period.
The Queensland Government is reviewing the Animal Care and Protection Act 2001 (the ACPA). The review marks 20 years since the ACPA commenced.
Animals are an important part of life for most Queenslanders and their welfare is held in high regard by the community. The review will ensure the ACPA keeps pace with community expectations and modern welfare practices.
Stakeholders and the community were invited to provide feedback as part of the review by completing a survey or uploading a written submission.
Consultation closed 21 May 2021 and more than 2000 submissions were received from organisations and individuals on the review of the ACPA. The Department is now considering all of the submissions.
Scope of the review
All parts of the ACPA are being considered under the review, including but not limited to:
- a review of enforcement options to ensure they are appropriate
- an infringement notice scheme for on-the-spot fines for certain animal welfare offences
- a review of the oversight and governance arrangements for externally appointed inspectors to ensure they are appropriate
- options to assist animal welfare professionals, including veterinary surgeons, to report animal cruelty.
The ACPA review is not considering animal welfare provisions in the following separate legislation:
- Animal Management (Cats and Dogs) Act 2009
- Criminal Code Act 1899 (Qld)
- Exhibited Animals Act 2015
- Police Powers and Responsibilities Act 2000
- Veterinary Surgeons Act 1936
The Animal Care and Protection Regulation 2012, including the compulsory codes of practice, is not covered under the review but will be remade after amendments to the ACPA have been finalised. The Rodeo Code of Practice is also not part of the review of the ACPA.
The Animal Care and Protection Act 2001 (Qld) (the Act) promotes 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 Act is administered by Biosecurity Queensland. Specially trained Biosecurity Queensland or RSPCA animal welfare inspectors, or the police, investigate complaints about alleged offences.
The Act protects the rights of individuals by ensuring that:
- all inspectors are adequately trained before they are appointed
- all processes followed during investigations are audited
- investigators are held accountable for their findings.
The Act sets out a general offence of cruelty with a maximum penalty of $266,900 or 3 years imprisonment. It also sets out a range of other offences, including duty of care breaches, prohibited events, regulated surgical procedures, use of baits or harmful substances and non-compliance with compulsory codes.
Access the entire here: The Animal Care and Protection Act (2001)