Other animal welfare laws and exemptions

Non-compliance with a compulsory code

The Animal Care and Protection Regulation 2023 requires compliance with the:

• Code of practice about domestic fowl
• Code of practice about pigs
• Code of practice for transport of livestock

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 $46,440.00.

Using animals for scientific purposes

Chapter 4 of the Animal Care and Protection Act 2001 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 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 $46,440.00 or 1 year imprisonment.

Another offence is the failure of a registered person to supply an annual report to Biosecurity Queensland. The maximum penalty for an individual convicted of this offence is $23,220.00.

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 actually 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 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, or contacting Biosecurity Queensland or the RSPCA's complaints coordinator.

Also consider...

• Read the Animal Care and Protection Act 2001.
• Learn about the Animal Management (Cats and Dogs) Act 2008.
• Find out more about the Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016.