Other animal welfare laws and exemptions

Non-compliance with a compulsory code

The Animal Care and Protection Act 2001 (the Act) requires compliance with compulsory codes of practice as listed in the Schedules of the Animal Care and Protection Regulation 2023.

It is an offence not to comply with a compulsory code requirement.

The maximum penalty for an individual convicted of non-compliance with a compulsory code requirement is $50,070.00.

Learn more about the compulsory codes of practice.

Using animals for scientific purposes

Chapter 4 of the the Act contains offences relating to the use of animals for scientific purposes, including:

  • using or allowing an animal to be used when
    • the use has not been approved by an Animal Ethics Committee whose terms of reference are registered with Biosecurity Queensland
    • the user does not comply with the requirements made by the approving Animal Ethics Committee
    • the user does not comply with the Australian code of practice for the care and use of animals for scientific purposes
    • registration requirements with Biosecurity Queensland are not being complied with
  • using animals for procedures, including Draize tests, LD50 tests or certain product testing without written approval from Biosecurity Queensland.

The maximum penalty for an individual convicted of any of the above offences is $50,070.00 or one year imprisonment.

A registered person must supply an annual report to Biosecurity Queensland. The maximum penalty for an individual convicted of this offence is $25,035.00.

Learn more about using animals for scientific purposes.

Exemptions to offences

Sometimes, actions that would seem to be committing an offence under the Act are exempt from the offence.

The reasons for the exemption may be quite complex, but are generally related to:

  • complying with adopted codes of practice in conjunction with fulfilling the duty of care
  • controlling feral or pest animals
  • fishing using certain live bait
  • slaughtering animals under religious faith.

Never assume you are exempt from committing an offence without checking the conditions of the exemptions in sections 38–47 of the Act.

Contact Biosecurity Queensland if you need help understanding your obligations.

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