Definitions under the Exhibited Animals Act 2015
The Exhibited Animals Act 2015 and the Exhibited Animals Regulation 2016 define certain terms that a licence holder has to be familiar with. Some of the definitions from the legislation are given below to help licence holders complete their applications.
- A rabbit that is at least 6 months old.
- See the Planning Act 2016, schedule 3.
Associate of a person
- If the person is an individual, an associate of the person is any of the following:
- the individual’s spouse or de facto partner
- a relative of the individual, whether by blood, spousal relationship or adoption
- an employee of the individual
- an employee of a corporation of which the individual is an executive officer
- a partner of the individual
- a corporation of which the individual is an executive officer
- a corporation in which the individual holds a controlling interest
- a person who is a trustee of a trust of which the individual is a trustee or beneficiary
- a person who is a beneficiary of a trust of which the individual is a trustee or beneficiary
- a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the individual
- a person who is an associate of someone who is an associate of the individual.
- If the person is a corporation, an associate of the person is any of the following:
- an executive officer of the corporation
- an associate of an executive officer of the corporation
- an employee of the corporation
- a person who holds a controlling interest in the corporation
- a related body corporate, within the meaning of the Corporations Act, of the corporation
- a person who is an associate of someone who is an associate of the corporation.
- If the person is an incorporated association, an associate of the person is a member of the association’s management committee.
Authorised enclosure for a category A animal
- An enclosure of a type in which the category A animal is authorised to be exhibited or dealt with.
Authorised enclosure for a category B or C animal
- An enclosure in which the category B or C animal is authorised to be exhibited or dealt with.
- The person who holds an exhibited animal authority.
- An area that is:
- bounded by a barrier designed and constructed to deter unauthorised entry
- where access is controlled by the occupier of the area.
Example of a controlled area: A handler at a zoo escorts an elephant from its regular enclosure to a securely fenced area where access is restricted to limited numbers of the public for interacting with the elephant.
- A conviction includes a finding of guilt, whether or not a conviction is recorded.
Dealing with an exhibited animal
- Carrying out an activity that involves an exhibited animal, or relates to an exhibited animal, other than exhibiting the animal. It includes:
- accepting, buying, importing or obtaining the animal
- breeding, culturing, growing or raising the animal
- keeping or possessing the animal
- moving the animal
- giving, selling or otherwise disposing of, the animal.
Desex (for a rabbit)
- To surgically remove the rabbit’s gonads to make it permanently incapable of reproducing.
- See the Planning Act 2016, schedule 3.
- A space, in which an animal can be accommodated, that is completely bounded by a barrier designed and constructed to contain the animal.
- The space may be fixed in position or moveable.
- Examples of fixed enclosures are:
- a building or other fixed structure
- an area of land surrounded by a fence, embankment, moat or other fixed barrier
- an area of water contained by an embankment or other fixed barrier.
- Examples of moveable enclosures are:
- a moveable cage
- moveable water tank.
Executive officer of a corporation
- A person who is concerned with, or takes part in, the management of a corporation, whether or not the person is a director, or whether the person’s position is given the name of executive officer.
Exhibit an animal
- Generally, exhibiting an animal means displaying the animal to the public, including for commercial, cultural, educational, entertainment or scientific purposes.
- Examples of exhibiting an animal are:
- displaying an animal in a zoo or wildlife park
- using an animal in a performance in a circus or magic show
- allowing public interaction with animals at a petting farm
- showing an animal as part of an educational wildlife demonstration
- displaying an animal, for example a bird in a cage, in a part of commercial premises accessible to the public.
- The person who owned an exhibited animal or thing immediately before it was seized or forfeited under chapter 6, part 3, division 4 or 6, or transferred under section 206(b) of the Exhibited Animals Act 2015.
Full-time equivalent employee
- An employee of the applicant who ordinarily works for the applicant for at least 35 hours each week.
- Any of the following authorised animals:
- An animal of a species exhibited in a group of animals of the species, if the size of the group makes it impracticable to identify the animal as a particular animal, and if animals of the species would normally live in the wild in groups no smaller than the exhibited group, e.g. a fish in a school of fish.
- An animal of a species that, on average, has a life expectancy of less than 3 years.
- An animal that, as an adult animal in the wild, would normally weigh less than 20g.
- An immature vertebrate that is dependent on the care of an adult animal for its survival.
- An animal whose immature form makes it impracticable to identify the animal as a particular animal, e.g. a clutch of eggs being incubated.
- A licence, permit or other authority that is issued under a corresponding law to the Exhibited Animals Act 2015 and is equivalent to an exhibition licence.
Insolvent under administration
- A person who is insolvent under administration under the Corporations Act 2001 (Cth).
- This includes keeping the animal while it is being moved.
Loss, of a required record
- This includes:
- the destruction or theft of the record
- for a record in paper form—damage to the record causing it to be illegible
- for a record in electronic form—inability to reproduce the record in a legible form.
- A record of information the authority holder has to keep under section 17 of the Regulations.
Occupier, of a place
- For chapter 3, this is the person who, whether or not the owner of the place, is the person who is effectively in day-to-day control of the place, whether or not that control is exercised through an agent or employee.
- Otherwise, it includes:
- any of the persons, if there is more than 1 person who apparently occupies the place
- any person at the place who is apparently acting with the authority of a person who apparently occupies the place
- any person who is an owner of the place, if no-one apparently occupies the place.
Of a place
- This includes at, in or on the place.
Priority development area (PDA)
- A PDA-related development is a:
- This includes:
- vacant land
- a place in Queensland waters
- a place held under more than 1 title or by more than 1 owner
- the land or water where a building or structure, or a group of buildings or structures, is situated.
- This includes:
- a building or other structure
- a part of a building or other structure
- a caravan, mobile home or vehicle
- a cave or tent
- premises held under more than 1 title or by more than 1 owner.
- A prescribed way for identifying an authorised animal as a particular animal, is any of the following:
- a microchip inserted into the animal from which a unique identifying code for the animal can be reproduced
- a tattoo on the animal’s skin showing a unique identifying code for the animal
- an ear tag or leg band attached to the animal showing a unique identifying code for the animal.
Private assessment report
- A report about a private assessment, prepared by an accredited person for the holder of an exhibition licence to help the chief executive decide an application to renew or restore the licence. The report must state the information specified in the Exhibited Animals Act 2015.
- An activity involving an exhibited animal that is carried out by a person, other than a responsible person for the animal, who is close to the animal and not separated from the animal by a barrier. Examples of these activities include:
- handling, touching or feeding an exhibited animal
- swimming near an aquatic exhibited animal
- viewing, filming or photographing an exhibited animal in close proximity to the animal.
- Keeping the exhibited animal isolated from persons or other animals as required by the Exhibited Animals Act 2015, the Biosecurity Act 2014 or a law of the Commonwealth.
Regular enclosure for a category A animal
- An authorised enclosure of the type identified in the exhibition licence as a type of regular enclosure for the animal.
Regular enclosure for a category B or C animal
- An authorised enclosure identified in an exhibition licence as a regular enclosure for the animal.
Regular enclosure site
- A site for a regular enclosure or regular enclosure of a type that is, or will be, permanently fixed in position.
Relevant adverse effects
- The adverse effects of an event (e.g. an animal escaping) caused by exhibiting, or dealing with, an exhibited animal on:
- the welfare of any animal
- the health, safety or wellbeing of a person
- social amenity, the economy and the environment.
- A relevant offence includes an offence against any of the following:
- A risk associated with exhibiting, or dealing with, an exhibited animal, including:
- a risk to the welfare of any animal
- a biosecurity risk
- a risk to public safety, or of death, injury or illness to a person, caused directly by, or originating from, the exhibited animal.
Significant relevant adverse effect
- A relevant adverse effect that a person (who is authorised or required to form a belief about, be satisfied of, or consider, a thing) reasonably believes is significant.
Significant relevant risk
- A relevant risk that a person (who is authorised or required to form a belief about, be satisfied of, or consider, a thing) reasonably believes is significant.
- An authority:
- under the Nature Conservation Act 1992 to use or keep an animal
- under a corresponding law to the Act that is similar to an exhibition licence or interstate exhibitors permit (however the authority is prescribed).
- A spent conviction includes a conviction:
- to which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act
- that is not revived as prescribed by section 11 of that Act.
- See the Veterinary Surgeons Act 1936 (Qld).
Welfare of an animal
- The health, safety or wellbeing of the animal.
- Last reviewed: 24 Feb 2017
- Last updated: 5 May 2023