Conditions for accredited persons to assess exhibited animal authority holders in Queensland

Under the Exhibited Animals Act 2015 (the Act), you can apply for accreditation to carry out private assessments of exhibited animal authority holders, to assess their compliance with the Act.

Accreditation requirements

If you are accredited, you are required to meet the conditions on your accreditation.

It is your responsibility to ensure you are familiar with and understand the conditions of your accreditation.

Penalties

If you do not meet the conditions, you may face compliance action under the Act:

  • You could receive penalties of up to 200 penalty units for each condition breach.
  • Your accreditation may be amended, suspended or cancelled.

Accreditation conditions

These conditions are listed on your accreditation.

  • 1
    The accredited person must give the chief executive notice of any direct or indirect financial or other interest the accredited person has or obtains in the business of a person responsible for an authorised animal that could conflict with the proper carrying out of a private assessment and preparation of a private assessment report.
  • 2
    The accredited person may be subject to other reasonable conditions the chief executive considers appropriate for the proper carrying out of private assessments and preparation of private assessment reports to be compliant with the Exhibited Animals Act 2015. The accredited person will be issued a notice by the chief executive to reflect a change in conditions.
  • 3
    If, whilst conducting a private assessment for the holder of an exhibition licence, an accredited person forms a reasonable belief that a person has contravened, or is contravening, the Exhibited Animals Act 2015 and either the contravention poses an imminent significant relevant risk or the contravention is directly related to an event that has had, or is about to have, a significant relevant adverse effect, the following must occur:
    1. the accredited person must give details of the facts and circumstances giving rise to the belief to the chief executive
    2. the accredited person must give the details to the chief executive as soon as practicable and in any case not more than 24 hours after forming the belief
    3. if the accredited person gives the details orally the person must within 24 hours after giving the details orally give the chief executive notice of the details.

    A contravention of the Exhibited Animals Act 2015 is not limited to the following:

    1. an authorised animal has not been or is not being exhibited or dealt with in compliance with the Exhibited Animals Act 2015
    2. or
    3. an enclosure in which an authorised animal has been, is being or is expected to be exhibited or dealt with does not comply with the Exhibited Animals Act 2015.
  • 4
    The accredited person must comply with the conditions of this accreditation unless the accredited person has a reasonable excuse.
  • 5
    A private assessment report must be created and issued to the chief executive in a way that is logical and impartial. The private assessment report must be created in an electronic format and include photos with clear descriptions. The report must identify what the report represents and if there are any potential contraventions of the Exhibited Animals Act 2015 or the exhibition licence and conditions being assessed.
  • 6
    A copy of a private assessment report issued to the chief executive must be kept by the accredited person for at least 3 years.
  • 7
    An accredited person must apply to the chief executive for renewal of this accreditation within 60 days before the term of the accreditation ends.
  • 8
    This accreditation may not be transferred.
  • 9
    The chief executive may choose not to make a decision to renew or restore an exhibited animal authority if it is believed that the private assessment report does not detail sufficient information in accordance with the requirements of the Exhibited Animals Act 2015 to make a decision.
  • 10
    A private assessment report must state each of the following:
    1. the accredited person's name and contact details
    2. the name and contact details of the holder of the exhibition licence
    3. a description including the location of each premises to which the private assessment relates
    4. when the private assessment was carried out
    5. a description of
      1. the activities the accredited person observed being carried out under the licence
      2. and
      3. any activities the accredited person reasonably believes were being carried out under the licence that the person was not able to observe when carrying out the private assessment
      4. and
      5. the facts and circumstances forming the basis for the belief
    6. whether in the opinion of the accredited person
      1. each particular authorised animal or animal of each species of authorised animal is being exhibited and dealt with in compliance with this Act
      2. and
      3. each enclosure in which an authorised animal is or is expected to be exhibited or kept is an authorised enclosure and otherwise complies with this Act
    7. if in the opinion of the accredited person an animal is not being exhibited or dealt with in compliance with this Act or an enclosure does not comply with this Act
      1. the reasons for the opinion
      2. and
      3. the facts and circumstances forming the basis for the reasons.
  • 11
    The holder of this accreditation must ensure that the report does not contain information the person knows or ought reasonably to know is false or misleading in a material particular, unless the person has a reasonable excuse.

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