Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Exhibited Animals Bill 2015
Exhibited Animals Bill 2015
Explanatory Notes
Short title
The short title of the Bill is the Exhibited Animals Bill 2015.
Policy objectives and reasons for them
The objective of the Bill is to provide for exhibiting and dealing with exhibited animals,
while ensuring that the associated animal welfare, biosecurity and safety risks and relevant
adverse effects are prevented or minimised. The Bill will consolidate and streamline
regulation of the exhibited animals industry which is currently spread across several Acts and
it will address current gaps in the coverage of some animal welfare and safety risks with a
cohesive, comprehensive and consistent risk-based regulatory framework for exhibited
animals.
The current legislation regulating the exhibited animals industry in Queensland is fragmented
and has many deficiencies. Relevant provisions are spread across four Acts: the Land
Protection (Pest and Stock Route Management) Act 2002 (LP Act), the Fisheries Act 1994
(Fisheries Act), the Nature Conservation Act 1992 (NCA) and the Animal Care and
Protection Act 2001. Each of these Acts provides for the industry and addresses the
associated risks in a different way, creating complexity, inconsistencies and leaving some
gaps in risk management.
The current fragmented legislation frustrates innovation in the industry. It does not take a
risk-based approach to regulating the industry. Some exotic species cannot be exhibited at all
in Queensland, even if the risks associated with their exhibition can be avoided or minimised.
Other species can be kept for exhibition by one industry sector but not others for historical
reasons. In contrast, the Bill provides for a greater range of species to be exhibited in
Queensland, provided the risks can be minimised.
There are six different licensing schemes under the LP Act, Fisheries Act and NCA. These
have inconsistent licensing requirements, fees and procedures which cause confusion, impose
additional compliance burdens on the industry and impede exhibitors wishing to modify their
operations. Those who exhibit both native and exotic species of animals generally need at
least two licences. Additionally, different licensing requirements apply to different industry
sectors under the current legislation. The Bill will simplify how Queensland legislation
authorises the exhibition of animals that generally cannot be kept without a licence.
The Bill will implement a holistic, risk-based approach to regulating the exhibited animals
industry. The use of a general statutory obligation to minimise animal welfare, biosecurity
(pest establishment and disease spread) and safety risks (public safety and human death,
injury or illness due to an animal) and relevant adverse effects will address gaps in the current
scheme without the need to expand the existing scope of licensing requirements. Most
Page 1
Exhibited Animals Bill 2015
requirements will apply consistently to the keeping of animals by different sectors of the
industry.
The Bill will reduce the regulatory burden on exhibitors by introducing a single licensing
scheme under which exhibitors can be authorised to keep and exhibit both native and some
exotic animals regardless of their industry sector.
A further reason for the Bill is that the Biosecurity Act 2014 (the Biosecurity Act), which will
commence on 1 July 2016 if it has not commenced earlier on a date to be proclaimed, will
repeal the relevant provisions of the LP Act and Fisheries Act. It will continue to prohibit
dealings with some potential pest animals that are listed as 'prohibited matter' and restrict
dealings with other pest animals that are listed as 'restricted matter'. (The animals that will be
prohibited matter and restricted matter under the Biosecurity Act are generally declared pests
under the LP Act or noxious fish under the Fisheries Act.) Other dealings with prohibited and
restricted matter will be lawful if they are authorised by a permit issued under the Biosecurity
Act or authorised under another Queensland or Commonwealth law.
A permit class for authorising exhibitors to deal with species that are prohibited or restricted
matter is not provided under the Biosecurity Act (although it could be prescribed by
regulations made under that Act) because biosecurity is only one of the risks that it would be
appropriate to consider in authorising dealings with those animals. Instead it is proposed that
exhibitors would be authorised to exhibit and deal with these species under this Bill, which is
directed at preventing or minimising all the relevant risks and relevant adverse effects.
Achievement of policy objectives
The Bill will ensure more comprehensive and consistent management of animal welfare,
biosecurity and safety risks posed by the industry in Queensland principally by introducing
the general exhibition and dealing obligation. All those involved in exhibiting or dealing with
an exhibited animal will be required to take reasonable and practical steps to prevent or
minimise the risks to animal welfare, biosecurity and safety, and the relevant adverse effects
on the welfare of any animal, the health, safety or wellbeing of a person or social amenity, the
economy and the environment, associated with exhibiting and dealing with the animal. This
obligation will apply consistently to all animal exhibits including those that do not need a
licence. This will address gaps in risk coverage without imposing unjustified licensing
requirements on all exhibitors.
The Bill will replace the current fragmented licensing schemes with a single licensing
framework under a single Act. Only those exhibitors who currently require a licence will
require a licence under the new legislation (i.e. those who exhibit animals that generally
cannot be kept by the public in Queensland due to the operation of the Biosecurity Act or
NCA, such as many pest species and native species respectively). Licences will be granted
for up to three years.
Under the Bill, animal exhibits will be licensed in response to a management plan prepared
by the applicant explaining how they would minimise the relevant risks and relevant adverse
effects. Developing a management plan represents an opportunity for exhibitors to use their
expert knowledge to address risks relevant to their specific circumstances.
Page 2
Exhibited Animals Bill 2015
Risk-based licensing decisions under the Bill will allow a greater range of species to be
exhibited in Queensland. An exhibition licence could be granted for any species if the chief
executive was satisfied relevant risks and relevant adverse effects would be appropriately
managed under the plan. The approved plan will form part of the licence.
The Bill includes some specific restrictions on, and requirements for, exhibiting and dealing
with the highest pest potential exotic animals - those that are prohibited matter under the
Biosecurity Act. These animals will need to be based in a fixed exhibit open to viewing by
the general public (such as a zoo). Exhibit away from this site could only be authorised on a
temporary basis under a special exhibition approval valid for up to one year. This will help
protect Queensland's environment and valuable agricultural and tourism industries from the
establishment of new pests while ensuring that the government does not bear significantly
increased risk mitigation costs.
If a species cannot be kept by other Queenslanders for private recreation, then under the Bill
it will need to be exhibited. This will deter private collectors operating under the guise of
keeping for exhibition. Hence, among other benefits, it will contain demand for animals that
could trigger illegal take from the wild. The minimum exhibition requirement will be highest
for animals that are prohibited matter under the Biosecurity Act. Most other species will need
to be exhibited on at least one occasion each month. However, it will not apply at all to
animals if private keeping of that species is permitted under other legislation.
In addition to exhibition licences, the Bill will provide for two other types of authority: an
interstate exhibitors permit and a temporary authority. Interstate-licenced exhibitors could be
granted an interstate exhibitors permit for up to one year to bring their animals into
Queensland. A temporary authority will be used as a stopgap measure to allow the minimum
necessary dealings with the exhibited animals while an exceptional situation was resolved.
The Bill provides for monitoring of exhibitors to promote further improvements in industry
risk management. An 'official assessment', charged to the exhibitor, will generally be
required to provide the chief executive with sufficient evidence to decide an application for
the grant, renewal or the significant amendment of a licence.
To encourage industry to take more responsibility for further improvements in risk
management, a report by an accredited private assessor could generally be relied on for
deciding renewal applications. Safeguards within the Bill, such as the requirement to disclose
conflicts of interest, will maintain the integrity of the private assessment scheme.
A further official assessment, charged to the licence holder, could be conducted within one
year of the issuing of an exhibited animals direction (where a person has or may fail to
discharge their general exhibition and dealing obligation) thereby creating an economic
incentive for best practice.
Separate to the assessment monitoring scheme, an inspector will have powers to enter a place
in certain circumstances to monitor compliance with the legislation.
The Bill amends parts of the Biosecurity Act and NCA.
Page 3
Exhibited Animals Bill 2015
The licensing schemes for native wildlife that are being replaced by authorisations under the
Bill sit in regulations under the NCA. Accordingly, the Bill also amends relevant regulations
under the NCA.
Alternative ways of achieving policy objectives
A number of options for achieving the policy intent were considered during development of
the Bill, including:
• Option 1: retain existing provisions
• Option 2: no industry-specific legislation
• Option 2A: minimal legislative intervention to allow industry self-regulation
• Option 3: develop new legislation.
Although Option 1 would generally address risks to animal welfare, biosecurity and safety
consistent with the policy objective, the existing gaps in coverage of some risks would
remain. Relevant existing provisions in the LP Act and Fisheries Act will be repealed when
the Biosecurity Act commences on or before 1 July 2016. However, the status quo could
largely be maintained by making a regulation under the Biosecurity Act to enable the issuing
of permits to exhibit animals that are prohibited or restricted matter under that Act. This
option would not simplify how exhibition of animals is authorised, or meet industry and
community expectations for a cohesive, comprehensive and consistent framework to
consolidate and streamline how risks to animal welfare, biosecurity and safety are addressed.
Option 2, having no industry-specific legislation, is not considered feasible. Keeping of
declared pests (restricted or prohibited matter under the Biosecurity Act), most protected
wildlife and noxious fish without an authority is prohibited under Queensland legislation. A
large proportion of exhibitors currently exhibit declared pests, protected wildlife or noxious
fish. If there was no industry-specific legislative intervention providing authority for keeping
of these species by exhibitors, the activities of a large proportion of exhibitors would be
severely impacted.
Option 2A would simplify how exhibition of animals is authorised and, like the Bill, would
allow a greater range of species to be exhibited in Queensland. Under minimal regulation, it
would be more difficult to enforce the current prohibitions on private keeping of the vast
majority of exotic and native animals (particularly vertebrates) and some exotic fish. Further,
it is unlikely that all exhibitors would participate in an industry self-regulation scheme if
regulation of the industry was minimised. The result of patchy self-regulation and increased
incidence of private keeping would likely be an increase in risks to animal welfare,
biosecurity and safety as well as an increase in black market demand for animals illegally
taken from the wild. Even low levels of unmitigated risk under self-regulation could have
very serious consequences not just for visitors to exhibitions but also for the broader
community. Consequently, this option would be unlikely to meet community expectations for
how animal welfare, biosecurity and safety risks should be managed.
This Bill represents option 3 which best aligns with the government's policy objectives.
Page 4
Exhibited Animals Bill 2015
Estimated cost for government implementation
Overall government staffing and administration costs for regulating the industry under the
new Bill are not expected to increase. Administration costs would be reduced under the Bill
via a more efficient and more effective regulatory scheme, but this would be offset by
increased monitoring costs.
The extent to which the government would be able to recover the full cost of providing these
services would depend on the fees set by regulation. The Consultation Regulatory Impact
Statement for the new legislation proposed that fees would be set to achieve full cost
recovery.
The same obligations, standards and licensing requirements would apply to government
wildlife parks as to the rest of the industry. The Consultation Regulatory Impact Statement
for the new legislation estimated that if fees were set to achieve full cost recovery then
approximately $38,000 would be payable over the first 10 years of the new legislation in
licensing and official assessment fees for the three government parks currently operated--
David Fleay Wildlife Park, Daisy Hill Koala Centre and Walkabout Creek.
The government would incur some costs for developing regulations under the Bill.
National standards and guidelines for keeping some exhibited animals are currently being
finalised. Consultation on and regulatory impact assessment of the proposed national
standards has occurred separately from the development of the Bill. Subject to government
consideration of the final version, the national standards are likely to be the basis for codes of
practice made by regulation under the Bill.
Training and policies for decision-makers would need to be developed to support the risk-
based decision making under the Bill. The government would also incur some one-off costs
for development of information technology systems to support the new licence structure and
for keeping the industry and public informed about the legislative changes. However, these
costs are already budgeted - similar costs would otherwise be incurred to support
implementation of permits for exhibitors under the Biosecurity Act.
Consistency with fundamental legislative principles
The Bill potentially departs from fundamental legislative principles (FLPs) as outlined in
section 4 of the Legislative Standards Act 1992 (LSA). Any such departure occurs in the
context of balancing FLPs with a competing policy objective of preventing or minimising
animal welfare, biosecurity and safety risks.
Sufficient regard to the rights and liberties of individuals - LSA, section 4(2)(a)
The Bill contains a number of offence provisions which carry significant penalties.
Clause 18 imposes a general exhibition and dealing obligation on a responsible person for an
animal. It is an offence for a responsible person to fail to discharge that obligation. Clause 19
provides that the maximum penalty for failing to discharge this obligation is 750 penalty
units.
Page 5
Exhibited Animals Bill 2015
Imposing a general exhibition and dealing obligation encourages all those involved in
exhibiting and dealing with an exhibited animal to take responsibility for preventing and
minimising the risks associated with their activities and the adverse effects their activities
may cause. It reflects the principle that those who are responsible for posing the risk should
manage the risk.
Clause 22 provides that it is a defence, in a proceeding for the offence, to prove that the
person took all reasonable precautions and exercised proper diligence. This ensures that
where a breach of the general exhibition and dealing obligation occurs that is beyond the
control of a responsible person, the responsible person has recourse for defence. If a person
proves they complied with a regulation or code of practice that prescribes a way the general
exhibition and dealing obligation can be discharged, a person is taken to have demonstrated
due diligence if they followed that way. Further, the general obligation, where it applies to
biosecurity risks, only requires the person to prevent or minimise those biosecurity risks that
they know or ought reasonably to know are posed by exhibiting or dealing with the animal.
It is considered the penalty is proportionate to the seriousness of the offence. Failing to meet
a duty of care under the Animal Care and Protection Act 2001 carries a penalty of 3000
penalty units or one year's imprisonment. Failing to meet the general biosecurity obligation
under the Biosecurity Act 2014 carries a maximum penalty, where the offence was not an
aggravated offence, of 1000 penalty units or one year's imprisonment for an offence in
relation to prohibited matter or 750 penalty units or six months imprisonment for an offence
in relation to restricted matter. The maximum penalty for failing to comply with a health and
safety duty under the Work Health and Safety Act 2011 varies depending on the
circumstances and the seriousness of the risk to which the failure exposed others. For an
individual who was not reckless as to the risk of death or serious injury or illness caused, the
maximum penalty can be as high as 3000 penalty units.
The broad nature of the general exhibition and dealing obligation is justified because of the
difficulty specifying all risks to animal welfare, biosecurity and safety and adverse effects on
the welfare of any animal, the health, safety or wellbeing of a person or social amenity, the
economy and the environment, associated with exhibiting and dealing with exhibited animals.
It is neither possible nor desirable to specifically identify every circumstance in which the
obligation may apply. Doing so could frustrate the purpose of the Bill by limiting the relevant
risks and relevant adverse effects that will be prevented or minimised.
While the Bill provides that regulations and codes of practice under the Act may state a way
of meeting the general obligation, they do not describe all that a person must do to discharge
the general obligation. To do so may undermine the risk responsibility-sharing approach
underpinning the Bill by precluding a responsible person from having to take all steps that
were reasonable and practical in the circumstances to address relevant risks and relevant
adverse effects.
The general exhibition and dealing obligation only applies to a limited class of persons. A
person is only a 'responsible person' for an exhibited animal and hence subject to the
obligation if they:
• exhibit or deal with the animal;
• employ another person to exhibit or deal with the animal, if the other person exhibits or
deals with the animal within the scope of the employment;
• are the holder of an exhibited animal authority for the animal;
Page 6
Exhibited Animals Bill 2015
• own or have a lease, licence or other proprietary interest in the animal (but not including a
person whose only interest is a mortgage or security interest and they have taken no step
to enforce the mortgage or other security).
Further, a person does not become a responsible person for an animal only because they
record the animal's image. Consistent with the example provided in clause 16, the intent is to
exclude from the definition of responsible person those who it would not be reasonable to
expect would have responsibility for an animal. However, a member of the public would
become a responsible person, if, for example, they consented to and participated in work as
an unpaid volunteer dealing with exhibited animals at a zoo.
Clause 38 requires a person to hold an exhibited animal authority to exhibit certain animals.
The relevant animals are those that cannot be kept in Queensland without an authority given
under this or another Act for a particular purpose that justifies allowing them to be kept. The
maximum penalty for this offence is 500 penalty units. It is considered the penalty is
proportionate to the seriousness of the offence because the relevant risks and relevant adverse
effects associated with exhibition would not have been considered when an authority was
granted under another Act to keep the animal for a different purpose. Hence there could be
serious risks associated with the exhibition which may lead to serious impacts on animal
welfare, human health, safety or wellbeing, or social amenity, the economy and the
environment. Further, the person exploiting the privilege of keeping these animals, by
unlawfully exhibiting them, would be in competition with legitimate exhibitors who had
invested in appropriate risk mitigation and whose activities were overseen under this Act.
Clause 84 obliges a person who is acting under an exhibited animal authority and becomes
aware of a serious incident to notify the authority holder of the incident or, if they cannot
contact the authority holder, to notify the chief executive. The imposition of liability on an
employee or other agent of the authority holder is justified by the serious nature of the
incidents which include the escape of an animal that has high pest establishment potential or
is highly dangerous (e.g. a venomous snake) from its enclosure and the death of a person
caused by an exhibited animal. It is a defence to prosecution to have a reasonable excuse. For
example, it might be a reasonable excuse if the person was prevented from notifying by
circumstances that were unforeseeable or outside the person's control.
Sufficient regard to the rights and liberties of individuals - makes rights and liberties,
or obligations, dependent on administrative power only if the power is sufficiently
defined and subject to appropriate review - LSA, section 4(3)(a)
Criteria for making administrative decisions under the Bill are appropriately defined.
The criteria for grant of an exhibited animal licence or interstate exhibitors permit are stated
in clause 58. The decision to grant the authority includes approval of a management plan on
the grounds provided in clause 58(2). The chief executive must also be satisfied of the
suitability of the applicant and can only grant the application to an individual if they are an
adult and, for an application relating to an activity that is an assessable development, if a
development approval has been given for it.
Clause 53 provides the relevant criteria for suitability for an exhibited animal authority.
Page 7
Exhibited Animals Bill 2015
Clause 54 provides for the chief executive to request further information only if it is
reasonably required to decide the application.
Clause 55 allows the chief executive to request the applicant provide the chief executive with
written consent to an official assessment. Such a request may only be made where an
application is for an exhibition licence, and the chief executive believes an official
assessment is reasonably required to decide the application.
The criteria in clause 53, 54, 55 and 58 also apply to a decision to renew or restore an
exhibited animal licence.
The criteria in clause 53, 54, 55 and 58 also apply to a decision to amend an exhibition
licence, including by the grant of a special exhibition approval. The criteria in clause 54 and
58 also apply to a decision to amend an interstate exhibitors permit. However, the criteria in
clause 58(2) only apply to amendments if they are relevant to the management plan.
Clause 63 provides that a temporary authority may only be granted to a person who
previously held an exhibition licence or an interstate exhibitors permit in certain
circumstances and only if the chief executive considers there may not be adequate
arrangements in place for managing the relevant risks or relevant adverse effects.
The criteria for deciding to transfer an exhibition licence are stated in clause 99. The chief
executive must be satisfied of the suitability of the applicant and can only grant the
application if, as a result of the transfer, there will not be any substantial change in the
persons principally involved in exhibiting and dealing with exhibited animals under the
licence, or in the dealings authorised under the licence.
Under clause 137, the chief executive may, at the chief executive's initiative, cancel or
suspend an exhibition licence, an interstate exhibitors permit or an accreditation only if
satisfied that any of the grounds stated in clause 132 have been met, after considering
representations for a show cause notice, and if the chief executive believes the action is
warranted.
Under clause 137, the chief executive may also, at the chief executive's own initiative,
generally amend an exhibition licence, an interstate exhibitors permit or an accreditation only
on any of the grounds stated in clause 133, after considering representations for a show cause
notice. In limited circumstances provided in clause 139, the chief executive can otherwise
make an amendment.
Clause 113 provides that the chief executive can only grant an accreditation under the Bill, if
satisfied that the applicant has the necessary expertise or experience to carry out private
assessments and prepare private assessment reports, and is a suitable person to hold
accreditation.
Clause 114 provides for the chief executive to request further information only if it is
reasonably required to decide the application.
Clause 115 provides the relevant criteria for suitability for an accreditation.
Page 8
Exhibited Animals Bill 2015
The criteria in clauses 114 and 115 also apply to a decision for the amendment or renewal of
an accreditation. The criteria in clause 113 also applies to the renewal of an accreditation and
the chief executive must be satisfied the applicant has the necessary expertise or experience
before amending an accreditation.
The criteria for immediate suspension of an exhibition licence or an interstate exhibitors
permit are provided in clause 138 and include there being grounds for cancellation and
suspension under clause 132.
The criteria for exercise of an inspector's powers under chapter 6, including the powers of
seizure and forfeiture, are highlighted where these powers are discussed below.
Generally administrative decisions under the Bill are reviewable, including for the grant,
amendment and renewal of exhibited animal authorities and accreditation, as well as for
property seized by an inspector and property forfeited to the State. In the first instance review
will be at no cost by the chief executive or a delegate who is more senior than the original
decision maker. An aggrieved person may then appeal a seizure or forfeiture decision to the
courts or seek review or another decision by the Queensland Civil and Administrative
Tribunal (QCAT).
The decision to request consent to an official assessment (application) is not reviewable.
However, the power is limited to when the chief executive believes the information or
assessment is reasonably required to decide the application.
The power to undertake an official assessment (follow-up) is also not reviewable, but it is
contingent upon a reviewable decision. Clause 104 provides that an inspector may undertake
an official assessment (follow-up) within one year of the issue of an exhibited animal
direction. The decision to issue a direction is reviewable (see clause 185(2)).
Sufficient regard to the rights and liberties of individuals - is consistent with principles
of natural justice - LSA, section 4(3)(b)
Clause 138 allows the chief executive to immediately suspend an exhibited animal authority
without affording the authority holder a right to be heard. This power will only be available
where its exercise is necessary to avoid an immediate and significant animal welfare,
biosecurity or safety risk.
Appropriate safeguards will ensure that the process as a whole affords natural justice. The
suspension would take effect when the authority holder is given an information notice for the
decision and a notice inviting them to show cause as to why action should not be taken to
cancel or suspend more permanently or amend the authority. As they have received an
information notice, the person could immediately apply to the courts (for a seizure or
forfeiture decision) or QCAT (for another original decision) to stay the decision. Also, the
suspension ceases if the decision is not affirmed by the chief executive within 56 days -
sufficient time to allow the chief executive to consider any representations made by the
aggrieved person about more permanent action.
Page 9
Exhibited Animals Bill 2015
Sufficient regard to the rights and liberties of individuals - allows the delegation of
administrative power only in appropriate cases and to appropriate persons - LSA,
section 4(3)(c)
Under clause 148, the chief executive may appoint a person as an inspector if they are an
inspector under the Animal Care and Protection Act 2001, an authorised officer under the
Biosecurity Act 2014, a public service employee or another person prescribed by regulation.
However, the chief executive may only appoint a person if satisfied they are appropriately
qualified. Further, clause 149 provides that conditions may be placed on the appointment of
an inspector by the instrument of appointment, a signed notice or a regulation. Also the
instrument, notice or a regulation may limit the powers of an inspector.
Under clause 258, the chief executive may delegate powers to a public service employee or
inspector. However, the chief executive may only delegate the powers to the person if
satisfied they are appropriately qualified.
Sufficient regard to the rights and liberties of individuals - confers power to enter
premises, and search for or seize documents or other property, only with a warrant
issued by a judge or other judicial officer - LSA, section 4(3)(e)
Clause 157 provides for an inspector to enter a place with consent. The entry is subject to any
conditions of the consent, and ceases if the consent is withdrawn.
Given other entry powers are limited for a part of a place where a person resides, clause 59
restricts the grant of an exhibition licence or interstate exhibitors permit to exhibit or keep an
animal in premises or a part of premises used for residential purposes to where the licence
applicant is the occupier and has given the chief executive written consent for an inspector to
enter the premises or part under clause 69(1)(g). This restriction balances the convenience of
an exhibitor who may wish to keep animals in their own home with the public interest in
effective compliance monitoring and enforcement of the Act. A prospective applicant for an
exhibition licence or interstate exhibitors permit to exhibit and deal with an exhibited animal
in the applicant's home is effectively put on notice of the requirement to give the consent.
The applicant therefore has the choice to apply for the licence or permit on that basis or apply
to exhibit and deal with the animal at other premises.
Clause 69(1)(g) requires that the licence holder must give consent to the entry at a reasonable
time and on written or oral notice of at least one hour, to enable inspection of an authorised
animal or enclosure to monitor compliance with the Act if the regular enclosure site for a
regular enclosure for an animal is in a premises or a part of premises used for residential
purposes. Notice of at least one hour is sufficient to enable a licence holder, who has
previously given a standing consent to entry, the time to make any more immediate
preparation that might be required to protect their privacy. Substantially more notice might
frustrate the purpose of entry by allowing the licence holder time to modify the circumstances
of the animal or the enclosure so it does not reflect how the animal is normally kept or dealt
with. Being able to exhibit or deal with an authorised animal in a residence in relevant
circumstances is essentially conditional on acceptance of the limited notice.
Page 10
Exhibited Animals Bill 2015
In limited circumstances the Bill provides for the power of entry to places without a warrant
or the consent of the occupier. A place includes a premise. A premise includes a building,
caravan or vehicle. Some investigative and enforcement powers without consent or a warrant
are necessary to achieve the risk minimisation object of the Bill.
Clause 159 allows an inspector to enter a place without the consent of the occupier or a
warrant if:
• the place is a public place that is currently open to the public; or
• it is a place of business mentioned in an exhibited animal authority that is open for entry
or required to be open for inspection as a condition of the authority.
Clause 159 also allows an inspector to enter a place without the consent of the occupier or a
warrant to:
• undertake an official assessment (follow-up) at a reasonable time and on reasonable
written or oral notice of at least 48 hours;
• check whether an exhibited animal direction has been complied with (under clause 160);
or
• take action required to be taken under an exhibited animal direction that has not been
complied with (under clause 161).
• exercise powers to avoid an imminent and significant relevant risk or significant relevant
adverse effect associated with exhibiting or dealing with an animal (under clause 162).
Clause 104 provides that an official assessment (follow-up) can be carried out only once
within one year after an exhibited animal direction is given. A fee for the assessment is
payable by the authority holder (clause 105). While the issue of an exhibited animal direction
is a pre-requisite for the official assessment (follow-up), the power is not intended to be
specifically directed towards enforcing compliance with the direction. Instead, it is intended
that the official assessment (follow up) reflects that more frequent and careful monitoring of
activities may be warranted where a direction has been given and that the cost of the extra
monitoring should be borne by the exhibitor. The link between a direction and the
requirement to pay a fee for an official assessment (follow up) will create an economic
incentive for compliance. Entry without consent or warrant is justified to ensure that the
intent of the official assessment (follow up) is not frustrated by failure of the occupier to
consent to the entry. The power of entry is qualified by the requirement for notice of at least
48 hours and the requirement that the entry must be at a reasonable time.
In the case of entry for clause 160 or 161, the availability of the powers is contingent upon
the giving of an exhibited animal direction which can only occur where an inspector
reasonably believes a responsible person for an animal has failed or may fail to discharge
their general exhibition and dealing obligation. Hence, the entry powers are justified by the
prevailing public interest in ensuring that the relevant risks and relevant adverse effects are
now being or likely to be prevented or minimised.
Clause 159 also allows an inspector to enter a place without the consent of the occupier or a
warrant if it is necessary to avoid an imminent and significant relevant risk or significant
relevant adverse effect (under clause 162). Requiring that the exercise of the powers is
necessary to avoid an imminent and significant relevant risk would preclude this power being
exercised if normal entry powers under this chapter are sufficient in the circumstances. The
requirement that the exercise of powers is necessary limits the action taken after entry to what
is necessary.
Page 11
Exhibited Animals Bill 2015
Clause 197 allows an inspector to enter a place without the consent of the occupier or a
warrant to give food, water or veterinary treatment to an animal that has been seized in situ,
or move the animal to another place. The entry power is justified by the obligation to provide
appropriate care for seized animals.
Appropriate safeguards, including procedures that must be followed, qualify powers of entry
without consent or a warrant. Entry to a part of a place where a person resides is limited to
where there is consent of the occupier or a warrant. Clause 174 obliges an inspector to make a
reasonable attempt to locate the occupier, produce their identity card and give them notice of
the reason for entering the place and that they can enter the place without consent before
entering under clauses 160 - 162. The inspector may also enter the place if they are unable to
find the occupier. If they later find the occupier at the place, clause 175 requires that they
produce their identity card and give the notice. If the inspector does not find the occupier,
they must leave a notice in a conspicuous position and in a reasonably secure way stating the
date, time and purpose of entry.
Sufficient regard to the rights and liberties of individuals - provides appropriate
protection against self-incrimination - LSA, section 4(3)(f)
Clauses 183 (Offence to contravene help requirement), 212 (Offence to contravene document
production requirement) and 213 (Offence to contravene document certification requirement)
remove self-incrimination as a reasonable excuse for a person who fails to provide
information or a document or certify a document required to be kept under the Act or that is
required to be kept under another Act or a law of the Commonwealth or another State, if the
document relates to dealing with exhibited animals.
The abrogation of the privilege against self-incrimination is necessary because the
information would generally be peculiarly within the knowledge of the person and would
otherwise be difficult to establish. As a safeguard, clause 222 provides that the information or
document, and other evidence directly or indirectly derived from the information or
document, is not admissible in a proceeding unless it pertains to the falsity or misleading
nature of the information or document.
The documents that it is likely would most often be required to be produced without
protection from self-incrimination are records kept under clause 86. For example, an
inspector, investigating a complaint that many animals were dying at a facility, might request,
under clause 211, the exhibitor to produce records (if any) required to be kept under clause 86
about dealings with animals under the licence, make a copy and require the exhibitor to
certify them as a true copy. Alternatively, if the inspector was at the place where the
document was kept and there was a photocopier at the place, the inspector might request the
exhibitor under clause 182 to help them make a copy of the record. In some circumstances a
copy of the authority under which exhibition and dealings with an exhibited animal were
being conducted might be required to be produced under clause 182 or 211 without protection
from self-incrimination.
Clauses 183 and 211 also provide that there would be no protection from self-incrimination if
the document is required to be kept under a law of the Commonwealth or another State if the
document relates to dealing with exhibited animals. This would allow, for example, the
inspector to require production of records relating to the importation of an animal from
another country or movement of animals to or from interstate.
Page 12
Exhibited Animals Bill 2015
Clauses 183 and 211 also provide that there would be no protection from self-incrimination if
the document is required to be kept under another Act if the document relates to dealing with
exhibited animals. This would allow, for example, the inspector to require the exhibitor to
produce a document that is required to be kept under the Nature Conservation Act 1992 about
the purchase or sale of a protected animal.
Clause 81 (Obligation to notify serious incidents) requires an authority holder to give notice
of a range of serious incidents (see clause 80). These include the death or serious injury or
illness to or of a person caused by or originating from an authorised animal and the escape or
unauthorised release or removal of any authorised animal from a controlled area. Similarly,
clause 82 (Obligation to notify significant change) requires an authority holder to give notice
if they moved an authorised animal outside of its authorised enclosure or had to deal with it
in an unauthorised way to prevent or minimise a relevant risk or relevant adverse effect
associated with exhibiting or dealing with the animal. The public interest in protecting against
serious animal welfare, biosecurity and safety risks is best served by ensuring the full and
frank disclosure of information about the circumstances in which a serious incident or
significant change occurs so that, if necessary, amendments can be made to the licence to
prevent or minimise the risk of a reoccurrence. Similarly, clause 82 requires that the holder of
an interstate authority corresponding to an exhibition licence who is granted an interstate
exhibitors permit to enter Queensland with animals kept under the interstate authority, must
give notice if the interstate authority is suspended, cancelled, surrendered or amended in a
way that has the effect, in their home State, of ending the authorisation to exhibit or deal with
an animal to which the interstate exhibitors permit relates. As a safeguard, clause 83 provides
that a notice given under clauses 81 or 82, and other evidence directly or indirectly derived
from the notice, is not admissible against the individual in a proceeding unless it pertains to
the falsity or misleading nature of the notice.
If a licence holder engages an accredited person to undertake a private assessment and
prepare a private assessment report, clause 121 requires the accredited person to inform the
chief executive within 24 hours if they believe a person has or is contravening the Act and it
poses an imminent and significant relevant risk or significant relevant adverse effect and
clause 123 requires the accredited person to keep a copy of the report.
Clause 109 requires the accredited person preparing a private assessment report and the
licence holder who provides it to the chief executive to ensure that the report does not contain
false or misleading information. The provision is limited by only requiring the person to
ensure the report does not contain information that they know or ought reasonably to know is
false or, misleading. Also, clause 110 provides that a private assessment report is not
admissible in evidence against the holder of the exhibition licence in civil or criminal
proceedings.
These requirements require information to be provided by the accredited person that could
incriminate the holder who has requested the report be prepared are justified by the public
interest in protecting against serious animal welfare, biosecurity and safety risks.
Clause 256(3)(c) allows confidential information about dealing with an exhibited animal
gained by a person administering or performing a function under the Act to be disclosed to
the department in which the Nature Conservation Act 1992 is administered for a purpose
under that Act. As a result a person required to give information for the purpose of this Act
could expose themselves to a penalty under the Nature Conservation Act 1992. The extent of
Page 13
Exhibited Animals Bill 2015
the potential breach of an FLP is limited by the definition of 'confidential information' which
is restricted to information, other than information that is publicly available, about a person's
personal affairs or reputation or that would be likely to damage the commercial activities of a
person to whom the information relates. It is justified by the public interest in ensuring
information is available to the department administering the Nature Conservation Act 1992
that would enable them to effectively investigate potential unlawful keeping and use of
wildlife, including, potentially, unlawful taking of wildlife from the wild.
Information might also be shared with agencies involved in managing relevant risks or
relevant adverse effects. For example, if the department was notified of a serious incident
which involved a zoonotic disease, it might need to share information about the incident with
Queensland Health to ensure that they could trace forward any potential exposure to the
disease by contact between humans.
This information might also need to be shared with interstate or Federal agencies if there was
potential for the spread of the zoonotic disease across state or national borders. Similarly,
information may need to be shared with interstate agencies about the potential for disease
spread where infected animals were being moved across state borders. Also information
might be shared with interstate agencies about concerns the department had about the care
provided to animals kept in Queensland under an interstate exhibitors permit by an exhibitor
who was licensed interstate.
Sufficient regard to the rights and liberties of individuals - does not confer immunity
from proceeding or prosecution without adequate justification - LSA, section 4(3)(h)
Clause 5 provides that although the Commonwealth (to the extent the legislative power of the
Parliament permits) or a State is bound by the Act, it will not be liable to prosecution. It
would not be appropriate for the state to invest resources and effort to prosecute itself. For
example, a fine imposed would be paid by the State to the State, when the funds would be
better spent to achieve the outcomes of the Act. Such provisions are therefore common in
similar legislation including in legislation that more broadly regulates some of the relevant
risks for this Bill - animal welfare risks (the Animal Care and Protection Act 2001) and
biosecurity risks (the Biosecurity Act 2014). Where it is appropriate given the gravity of an
offence, the State may be liable to prosecution under the Work Health and Safety Act 2011 in
relation to a work-related health and safety matter.
Nevertheless, the intention is to make it clear that the State and, to the extent the legislative
power of the Parliament permits, the Commonwealth and other States, are bound by and
subject to the same obligations under the Act as other persons, even if they cannot be
prosecuted. The express provision is necessary because there is a long-established common
law principle that a statute does not bind the Crown (which in Australia is the
Commonwealth and State and Territory governments) unless expressly mentioned.
Clause 259 protects from liability a person acting at the direction of, or helping at the request
of, an inspector. The protection is justified given that the person is compelled to act. The
conferral of immunity is balanced by the fact that where any civil liability would otherwise
be attached to the person it instead attaches to the State and the State may then recover a
contribution from the person if the conduct was not undertaken in good faith or was grossly
negligent.
Page 14
Exhibited Animals Bill 2015
Sufficient regard to the rights and liberties of individuals - provides for the compulsory
acquisition of property only with fair compensation - LSA, section 4(3)(i)
Clause 218 provides that a person may claim compensation from the State for loss due to the
exercise of powers by an inspector. A court's discretion to order compensation is qualified by
the requirement that it must be satisfied that it is just to make the order in the circumstances.
A regulation may prescribe other matters that may, or must, be taken into account by the
court when considering whether it is just to order compensation. This may be used to
prescribe technical matters, such as how compensation appropriate to the industry could be
calculated.
Clause 203 provides that an inspector may destroy a seized animal without the consent of its
owner if it is in pain to the extent that it is cruel to keep it alive. The power is justified by the
public interest in preventing cruelty to animals and is qualified by the requirement for an
inspector to form a reasonable belief. A similar provision exists under section 162 of the
Animal Care and Protection Act 2001 - an inspector may destroy a seized animal or cause it
to be destroyed if the inspector reasonably believes that the animal is in pain to the extent that
it would be cruel to keep it alive.
Clause 218 does not apply to loss arising from a lawful seizure or a lawful forfeiture. Clause
204 provides that the chief executive may forfeit a seized animal or thing if the owner cannot
be found or it cannot be returned to its owner. The power is qualified by the requirement for
an inspector to make reasonable enquiries to find its owner or make reasonable efforts to
return it respectively.
Clause 204 also provides that the chief executive may forfeit a seized animal or thing if
forfeiture is necessary to prevent its use in committing the offence of contravening the
general exhibition and dealing obligation (clause 19). Also, the animal may be forfeited if it
is progeny obtained by allowing reproduction in contravention of a condition of an exhibited
animal authority. The forfeiture power is qualified by the need for an inspector to form a
reasonable belief. Non-payment of compensation is appropriate because the person has not
used or will not use the animal or thing in a lawful way consistent with preventing or
minimising the relevant risks and relevant adverse effects associated with the exhibition of
animals. However, clause 207 provides that if the chief executive sells the animal or thing,
they have discretion to return the proceeds of the sale to the former owner after deducting the
cost of the sale and other recoverable compliance or seizure costs.
Other procedural safeguards qualify these forfeiture powers. Clause 205 requires the chief
executive to give the former owner an information notice about the decision to forfeit the
animal or thing, advising them that they may apply for a stay of the decision. Clause 207
provides that the thing must not be dealt with in a way that could prejudice the outcome of a
review of or subsequent appeal against the decision.
Clause 231 provides that a court may order the disposal of an animal or other thing owned by
a person convicted of an offence against the Act if the animal or other thing was used in or
was the subject of the offence or of another animal or of another thing that is likely to be used
in committing a further offence against the Act. A court's discretion to make a disposal order
is qualified by the requirement in clause 234 that it must only make a disposal order if
satisfied that it is just to make the order in the circumstances. The court is not required to
order compensation but has discretion, for example, to order the distribution of the proceeds
Page 15
Exhibited Animals Bill 2015
of the sale as it sees fit. A disposal order is subject to the normal appeal process under the
Justices Act 1886.
Is the legislation unambiguous and drafted in a sufficiently clear and precise way - LSA,
section 4(3)(k)
Clause 86 places an obligation on the holder of an exhibited animal authority to ensure that a
record does not contain false, misleading or incomplete information, if the holder is aware, or
ought to be aware of the information in question. The extension of the obligation to cover
incomplete information is justified because the type of information a regulation is likely to
require to be recorded under this clause is objective information, such as information about
when and where exhibition occurred, the number of animals kept and how they were moved.
Sufficient regard to the rights and liberties of individuals - other - LSA, section 4(2)(a)
Clause 177 gives an inspector power to direct a vehicle to stop, stay or move in order to
exercise their powers. This could be considered as infringing upon the common law right of
individuals to freedom of movement. However, the power is justified because an enclosure
that is mounted on or in a vehicle is just as likely to be used in activities regulated by the Act
as an enclosure that is fixed at a place, particularly by exhibitors undertaking mobile
exhibition activities. The power can only be exercised if an animal or other thing in or on a
vehicle may provide evidence of the commission of an offence against the Act, or a vehicle,
or an animal or other thing in or on the vehicle, may pose a relevant risk.
Clause 181 allows an inspector who has entered a place to: search any part of the place; open
an enclosure or other thing using reasonable force; take steps to relieve the pain of an animal;
inspect, examine or film; take things or samples for analysis; place an identifying mark on an
animal or other thing; take extracts from, copy or take a document for copying; produce an
image or writing from an electronic document; take into the place persons, equipment and
materials they need to exercise their powers; and take a necessary step to enable a power to
be exercised. These post-entry powers are the usual powers available to inspectors under
comparable legislation. They are justified because the circumstances in which they can be
exercised involve animal welfare, biosecurity or safety risks.
Appropriate safeguards in clause 180 qualify the exercise of these powers: if the inspector
entered the place pursuant to the occupier's consent or a warrant, the availability of these
powers is subject to the conditions of the consent or warrant; and the powers are not available
if the entry was made using the power to enter a public place.
Clause 184 provides that an inspector may give a responsible person for an animal an
exhibited animal direction. The direction provides a mechanism whereby the responsible
person may be guided as to how they may discharge their obligation. This guidance can,
however, only be provided in the form of a direction if the inspector reasonably believes the
responsible person has failed, or may fail, to discharge their general exhibition and dealing
obligation for exhibiting or dealing with the animal. The timeframe for compliance stated in
the direction must be reasonable having regard to the relevant risk or relevant adverse effect.
Similar provisions are provided in sections 158 - 160 of the Animal Care and Protection Act
2001 which provide for the giving of an animal welfare direction where a person has
committed, is committing or is about to commit an animal welfare offence. An animal
welfare direction may also be given if an animal is not being cared for properly, is
Page 16
Exhibited Animals Bill 2015
experiencing undue pain, requires veterinary treatment or should not be used for work.
Similar provisions are also provided in sections 373 - 377 of the Biosecurity Act 2014 which
provide that an authorised officer may give a person a biosecurity order if they reasonably
believe that the person has or may fail to discharge their general biosecurity obligation.
Similar provisions are also provided in sections 191 - 192 of the Work Health and Safety Act
2011 which provide for the giving of an improvement notice if an inspector reasonably
believes that a person is contravening or has contravened the Work Health and Safety Act
2011.
Clause 161 provides that an inspector may also take action required to be taken under an
exhibited animal direction where the person to whom the direction was issued had not
complied with the direction within the timeframe stated in the direction. This power is
justified given that a direction can only be given if an inspector reasonably believes a
responsible person for an exhibited animal has failed, or may fail, to discharge their general
exhibition and dealing obligation. The inspector will be limited to taking the action that the
direction required to be taken.
An inspector will have the power to require reasonable help (clause 182); require a person to
state their name and address (clause 209); produce a document issued under the Act or
required to be kept under this or another Act or law of the Commonwealth or another State if
it relates to dealing with exhibited animals (clause 211); and issue a notice requiring a person
to give the inspector information within their knowledge relevant to an offence (clause 214).
Without these provisions, inspectors would be unable to gain access to information that is
essential to enable them to make an informed judgment of whether the risks associated with
exhibiting and dealing with exhibited animals are being minimised in a particular case.
An inspector may seize an animal or another thing where:
• they have obtained consent (clause 189)
• a warrant has been issued for the seizure (clause 191)
• the inspector entered the place with consent and the seizure is consistent with the purpose
of entry explained to the occupier when gaining consent (clause 190)
• the inspector reasonably believes it is evidence of, has just been used in, or is relevant to,
the commission of an offence against this Act (clause 190 and 192)
• for an exhibited animal - a responsible person for an exhibited animal has contravened, or
is contravening, an exhibited animal direction or a court order about an animal (clause
192)
• the inspector reasonably believes the interests of the welfare of an animal require its
immediate seizure and the animal is under an imminent risk of death or injury, requires
veterinary treatment or is experiencing undue pain (clause 192).
The seizure power in relation to animal welfare is justified on the basis there is a community
expectation that immediate and decisive action needs to be taken to relieve animal suffering.
It is qualified by the need for the inspector to form a reasonable belief.
The seizure powers in relation to an offence or contravention of a direction or order are
justified because the person has not used or will not use the animal or thing in a lawful way
consistent with preventing or minimising the risks associated with the exhibition of animals.
The power in relation to an offence is qualified by the need for the inspector to form a
reasonable belief. Although it will enable the seizure of evidence of an offence unrelated to
the grounds for entry, the powers reflect the established common law power referred to as the
Page 17
Exhibited Animals Bill 2015
'chance discovery' principle which is also currently reflected in other Queensland laws. A
thing seized under the Act could also be used in evidence in a proceeding under another Act.
However, an inspector would generally not have the power to bring a proceeding to court
under another Act and whether the evidence seized was admissible in another proceeding
would be a matter for the relevant court to determine.
Appropriate safeguards will ensure that property is dealt with fairly after it has been seized.
Clause 199 provides that an inspector must give a receipt for seized property and clause 200
requires that they allow the owner to access the seized property. Clause 201 provides that
seized property must be returned unless there are reasonable grounds for its forfeiture. Clause
199 provides that an information notice must be given for the seizure which ensures a person
may apply for a stay of the decision and its internal review and, eventually may appeal the
seizure to the courts.
The Bill also contains other safeguards usual in similar legislation. For example, clause 152
provides for the issue of an identity card to an inspector and clause 153 provides that the
cards must be produced or displayed before or when exercising a power. Various provisions
require an inspector to give appropriate warnings and/or notice before exercising a power. All
the powers of an inspector are qualified by the requirement, in clause 216, to cause as little
inconvenience and damage as is practicable in the circumstances. Clause 217 requires an
inspector to give notice of any damage to the owner of the property. Clause 218 provides that
a person may claim compensation from the State for loss due to the exercise of powers by an
inspector.
In deciding the suitability of an applicant for the grant of an exhibited animal licence or
interstate exhibitors permit, suitability considerations (clause 53) include the criminal history
of the applicant or an associate of the applicant, if they are insolvent and if the applicant or an
associate of the applicant has been refused or had cancelled an exhibition licence or interstate
exhibitors permit or similar authority.
The wide scope of the disclosure requirements around suitability are considered justified
because the financial viability of a possible exhibitor, their criminal history, or that of an
associate, and previous refusal or cancellation of a similar authority or accreditation, are
indicators of the suitability of the applicant to hold an exhibited animal authority. For
example, there would be a strong public interest in a disclosure that an applicant who
previously held an exhibition licence in another State had that licence revoked on animal
welfare grounds. Similarly, it may be reckless to allow a person who had a history of illegal
trade in endangered wildlife to obtain animals that are endangered wildlife under an exhibited
animal authority.
The extension of disclosure requirements to associates of an applicant is necessary to ensure
that all relevant considerations are taken into account by the chief executive before an
authority or accreditation is granted. For example, if a close relative of an applicant has a
conviction for animal cruelty and was proposed to act under the authority, there may be
increased risks associated with the granting of an exhibition licence to the applicant.
Page 18
Exhibited Animals Bill 2015
The legislation has sufficient regard to the institution of Parliament - allows the
delegation of legislative power only in appropriate cases and to appropriate persons;
and sufficiently subjects the exercise of a delegated legislative power to the scrutiny of
the Legislative Assembly - LSA, section 4(4)(a)-(b)
The following provisions of the Bill allow regulations to be made.
• Clause 23 provides that the Governor in Council may, by regulation, make a code of
practice about exhibiting or dealing with exhibited animals. If the regulation adopts,
applies or incorporates all or part of another document that are not part of, or attached to,
the regulation, clause 25 requires the Minister to table the adopted provisions within 14
sitting days after the regulation is notified.
• Clause 261 provides for the Governor in Council to make regulations about: identifying
exhibited animals; qualifications, training or experience required by persons acting under
exhibited animal authorities; and fees payable under this Act. It also limits the penalty
that may be imposed for contravention of a provision of a regulation to no more than 20
penalty units.
• Clause 43 and 47 provide that the way an authorised animal may be moved under an
exhibition licence and interstate exhibitors permit respectively may be prescribed by
regulation.
• Clause 69(1)(l) provides that an exhibited animal authority is subject to any conditions
prescribed by regulation.
• Clause 86 provides that a regulation may require the holder of an exhibited animal
authority to record, keep or give information.
• Clause 148(1)(d) provides that a regulation may prescribe persons who can be appointed
as inspectors under the Act.
• Clause 149 provides that an inspector holds office subject to any conditions stated in a
regulation.
• Clause 218(6) provides that a regulation may prescribe matters that may, or must, be
taken into account by the court when considering whether it is just to order compensation.
Given the technical and procedural nature of these matters, it is considered they are
appropriate for inclusion in regulation. Further, the Statutory Instruments Act 1992 provides
that regulations are subordinate legislation that must be tabled in the Legislative Assembly
and may be disallowed.
The Bill includes a number of provisions that effectively allow a regulation to establish when
a person has failed to discharge the general exhibition and dealing obligation.
• Clause 20 provides that a person fails to discharge their general exhibition and dealing
obligation if they contravene a provision in a regulation that states it is a way of
discharging the general exhibition and dealing obligation.
• Similarly clause 21 provides that if a regulation requires a person to comply with all or
part of a code of practice to discharge their general exhibition and dealing obligation, then
the person fails to discharge the obligation if the person contravenes the code of practice
or stated part.
Given the technical and procedural nature of the ways of discharging the general exhibition
and dealing obligation, it is considered these requirements are more appropriate for inclusion
in regulation or a code of practice made by regulation. Further, the Statutory Instruments Act
Page 19
Exhibited Animals Bill 2015
1992 provides that regulations are subordinate legislation that must be tabled in the
Legislative Assembly and may be disallowed.
Clause 26 provides that the chief executive may make guidelines about matters relating to the
administration of the Act or complying with requirements imposed under the Act. For
example a guideline could be made about the type of information the chief executive may
consider relevant in a management plan. Non-compliance with a guideline would not
constitute a breach of an obligation under the Act, but the guideline may be taken into
account when considering whether a person has complied with the Act. A guideline could be
used to clarify for exhibitors what the chief executive considers would meet the requirements
of the Bill in a particular circumstance. Unlike a code of practice, a guideline would not
establish a minimum level against which the equivalence of other measures would be
compared. The chief executive is required to publish the guidelines on the department's
website and make a copy available for inspection.
Clause 260 provides that the chief executive may approve forms for use under the Act.
The legislation has sufficient regard to the institution of Parliament - authorises the
amendment of an Act only by another Act - LSA, section 4(4)(c)
Clause 72 provides that an authorised animal must be kept under an exhibition licence for at
least one month unless the chief executive gives written approval for the earlier disposal of
the animal. The intent of this clause is to ensure that animals are kept primarily for exhibition,
not wildlife trade. Generally, requiring animals to be kept for one month would not
inconvenience bona fide exhibitors. However, given the extraordinary complexity and
diversity of the industry not all circumstances are reasonably foreseeable. Allowing the chief
executive to give written approval for the earlier disposal of an animal is unlikely to frustrate
the intent of the provision and is justified by the need for flexibility in these circumstances.
Clause 39 provides that the provisions in chapter 3, part 3 are subject to the conditions of the
authority provided for by part 7. The conditions in part 7 include conditions that may be
imposed by a regulation or by the chief executive; hence, clause 39 may be considered a
Henry VIII clause. It is justified because the nature of the authorisations provided in part 3
are broad and it may sometimes be necessary to restrict how they are exercised to ensure
relevant risks and relevant adverse effects are managed. Given the nature of the risks, and
hence the appropriate conditions that may need to be imposed, may be quite specific to the
particular activities proposed to be undertaken under the authority, it is appropriate that the
restrictions may be imposed by a regulation or administrative action. It should also be noted
that it is chapter 3, part 7 of the Bill itself that applies, and in some cases, restricts the
relevant authority conditions.
Clause 79 provides that if a condition decided by the chief executive is inconsistent with a
mandatory condition of an exhibition licence or interstate exhibitors permit (comprising those
imposed by the Act and regulations), the temporary condition prevails to the extent of the
inconsistency. This may be considered a Henry VIII clause. Its extent is limited by the
requirement in clause 77(5) that the condition decided by the chief executive must apply for
no more than one year.
The provision is justified because short term flexibility may make a significant contribution
to preventing or minimising relevant risks and relevant adverse effects. Financial difficulties,
Page 20
Exhibited Animals Bill 2015
for example, might sometimes result in a licence holder being unable to retain sufficient staff
to ensure the appropriate management of risks and placement of their animals with other
exhibition licence holders able to do so would become urgent to ensure serious animal
welfare, biosecurity and safety risks are not realised.
Hence the example given in clause 77(5) where the condition of an exhibition licence
imposed by the Act (clause 76) for minimum exhibition of an authorised animal (category C)
is ousted for a limited period by a condition imposed by the chief executive to allow the
animal to be kept by a new licence holder who is not immediately able to arrange for its
exhibit.
The provision will also assist in averting unintended consequences of mandatory conditions
in the diverse industry. For example, the minimum exhibition requirements are intended to
ensure that animals are exhibited, given that the relevant species to which they apply cannot
be kept for private recreation in Queensland. There might be a circumstance where a species
needed to be kept away from the public for a limited time to prepare for an intense period of
exhibition to follow (for example to learn certain tricks for a major film production). Clauses
77 and 79 would allow the chief executive to oust the minimum exhibition requirement
during the preparation period.
Clause 78 provides that a condition of a special exhibition approval granted by the chief
executive takes precedence over another condition of the exhibition licence for the animal. A
special exhibition approval may be granted to authorise, for a limited period of no more than
one year, an exhibition licence holder to exhibit or deal with an authorised animal (category
C) in a way that otherwise is not authorised under the licence. Thus there may be mandatory
conditions imposed by the Act on an exhibition licence that would not be appropriate in the
circumstances. Importantly the licence conditions are overridden only while the authorised
animal is being exhibited or dealt with under the special exhibition approval.
Consultation
A discussion paper, Exhibited animals, that canvassed replacing the current legislation with a
single industry-specific Act, was released for public consultation in 2008. Overall,
respondents supported a single piece of legislation for exhibited animals.
In March 2011 the then Department of Employment, Economic Development and Innovation
discussed the key principles proposed to underpin the legislation with the RSPCA, Animals
Australia and a university academic with interests in animal welfare and ethics. These
stakeholders were supportive of the key principles.
Licensed exhibitors (other than magic acts) were invited to attend workshops in April 2011
(Brisbane, the Gold Coast, the Sunshine Coast, Gladstone, Rockhampton and Cairns) and
again in November and December 2012 (Brisbane and Cairns). The workshops tested
industry support for the key principles proposed to underpin the legislation including the
scope of the legislation, the general obligation and standards (although specific standards
were not discussed) and the proposed fee structure for licensing applications and site visits
(although the proposed amount of the fees had not been decided and was not discussed).
Industry attendees at both the 2011 and 2012 workshops indicated general support for the key
features of the proposed exhibited animals legislation.
Page 21
Exhibited Animals Bill 2015
A Consultation Regulatory Impact Statement for new legislation was released for public
comment in November 2013, with consultation closing in February 2014. 25 submissions
were received from a diverse range of respondents from different sectors of the industry and
wider community. Feedback on the Consultation Regulatory Impact Statement again
confirmed support for the development of a single piece of legislation to regulate the
exhibited animals industry.
In July 2014, the (then) Department of Agriculture, Fisheries and Forestry held a workshop
with industry participants to discuss a working draft of the Exhibited Animals Bill 2014. 17
industry participants attended and commented on the working draft. They were generally
supportive of the draft.
In October 2014, the Exhibited Animals Bill 2014 was introduced to Parliament and
subsequently referred to the relevant Parliamentary Committee for inquiry. The
Parliamentary Committee invited written submissions to its inquiry and held a public briefing
and public hearing. 19 parties made written submissions to the committee. The Exhibited
Animals Bill 2014 lapsed when Parliament was dissolved for the 2015 State election.
Feedback received in response to the Consultation Regulatory Impact Statement, industry
suggestions made at the workshop and submissions to the Parliamentary Committee inquiry
informed the finalisation of the Bill.
Consistency with legislation of other jurisdictions
Approaches to regulating the exhibition of animals vary across Australian jurisdictions.
However, in all Australian jurisdictions, a licence, permit or some other kind of authority is
required to exhibit many exotic animals and native animals.
No jurisdiction has consolidated management in a single Act of the risks to animal welfare,
biosecurity and safety that are associated with the exhibition of exotic and native animals.
However, both New South Wales and Tasmania have consolidated licensing of the exhibition
of exotic and native animals under a single Act. Otherwise, the legislative approach in other
Australian jurisdictions is somewhat similar to the current regulatory approach in Queensland
-- the exhibited animals industry is generally regulated by several pieces of legislation that
deal separately with pest management and animal disease, wildlife conservation and risks to
animal welfare. There are some variations - legislation in some other jurisdictions, including
New South Wales, does not preclude licensing of mobile exotic animal collections, including
circuses that have animals not based in a fixed exhibit.
In contrast to other States, Queensland is in the enviable position of having a substantially
private and profitable animal exhibition industry that makes a significant direct contribution
to its economy and to its reputation as a tourist destination. This compares, for example, with
New South Wales, Victoria and Western Australia, where legislation provides for state
ownership and operation of zoos.
National standards for the exhibition of animals in Australia are currently under development.
The Bill will provide a legislative framework that will enable adoption of the national
standards as codes of practice, which will improve consistency across Australian
jurisdictions.
Page 22
Exhibited Animals Bill 2015
Reasons for non-inclusion of information
Feedback received on the Consultation Regulatory Impact Statement, at the workshop to
discuss a working draft of the Exhibited Animals Bill 2014 and submissions to the
Parliamentary Committee inquiry informed the development of a Decision Regulatory Impact
Statement for the new legislation. The public release of the Decision Regulatory Impact
Statement is not proposed until a decision has been made on all the included matters,
including fees, which would be prescribed by regulations under the Bill. Consequently, this
document is generally consistent with, but does not reference, the Decision Regulatory
Impact Statement.
Page 23
Exhibited Animals Bill 2015
Notes on provisions
Chapter 1 Preliminary
Chapter 1 outlines the purpose of the legislation, the means to achieve the purpose, key
definitions including what are exhibited animals, relevant risks, relevant adverse effects, and
key concepts used throughout the Bill.
Part 1 Introduction
Clause 1 provides that, when the Bill is enacted, the Act may be cited as the Exhibited
Animals Act 2015.
Clause 2 provides that the Act will commence on a date to be fixed by proclamation.
However, any provision that has not commenced already will commence on 1 July 2016. The
clause further provides that section 15DA of the Acts Interpretation Act 1954 does not apply
to the Act, which means that a regulation cannot be made to extend the commencement date.
Provision for commencement has been made in this way because commencement of the Bill
is intended to be coordinated with commencement of the Biosecurity Act 2014 which
commences on a date to be fixed by proclamation, or if no date has been fixed by 1 July
2016, then on that day. A permit class for authorising exhibitors to deal with species that are
prohibited or restricted matter is not provided under the Biosecurity Act 2014 (although it
could be prescribed by regulations made under that Act) in anticipation that this Bill will
provide such authorisation.
Part 2 Purposes of Act and achieving the purposes
Clause 3 provides that the main purpose of the Act is to provide for exhibiting and dealing
with exhibited animals whilst ensuring that associated relevant risks and relevant adverse
effects are prevented or minimised.
Clause 4 establishes how the purposes of the Act are to be achieved. The Act introduces a
general obligation on persons exhibiting and dealing with exhibited animals to prevent or
minimise relevant risks and relevant adverse effects associated with such exhibition.
Furthermore, authorities must be obtained in order to exhibit particular animals, and these
authorities may be subject to additional obligations. The Act also provides for powers to
support monitoring and enforcement of compliance with the Act, codes of practice relating to
a person's obligations under the Act, and for the chief executive to make guidelines about the
Act's application and how a person may comply with obligations under the Act.
Part 3 Application and operation of Act
Clause 5 specifies that the Act binds all persons including the State, the Commonwealth and
other States so far as the legislative power of the Parliament permits. This reflects the intent
for the risk management and licensing requirements under the Act to apply to all persons
exhibiting and dealing with exhibited animals, including the Crown. However, neither a State
nor the Commonwealth can be prosecuted for an offence against the Act.
Page 24
Exhibited Animals Bill 2015
Clause 6 provides that the Act does not apply to the State in respect of an animal only
because the animals is a protected animal or an animal in the wild and under statute or
common law such an animal is property of the State.
Clause 7 provides that the Act will not interfere with the operation of other relevant Acts. For
instance, a responsible person for an animal will have an obligation to manage the relevant
risks and the relevant adverse effects associated with the exhibition of an animal, which
include risks to the welfare of any animal and adverse effects on the welfare of any animal.
However, the Act does not negate the operation of the Animal Care and Protection Act 2001
which imposes obligations relating to animal welfare, including a duty of care.
Clause 7 further clarifies that this Act applies to the NCA chief executive if the NCA chief
executive is exhibiting or dealing with an exhibited animal only under section 173P of the
Nature Conservation Act 1992. As a result, the chief executive under the Nature
Conservation Act 1992 will generally require authorisation under this Act to exhibit and deal
with native animals in circumstances where a private individual would require authorisation.
However, section 10 provides that this Act does not apply to an animal that is displayed
under the authority of section 173P of the Nature Conservation Act 1992 if it is a protected
animal being rehabilitated for return to the wild in some circumstances or an animal which is
a protected animal or international wildlife being displayed for no longer than 11 days at a
time.
Clause 8 provides that a contravention of the Act does not, of its own, create a civil cause of
action.
Clause 9 provides that a civil right or remedy available to a person is not affected or limited
by the Act, and that compliance with the Act does not necessarily show that a civil obligation,
which exists outside of the Act, has been satisfied or has not been breached.
Clause 10 details instances of exhibition or dealings with animals to which the Act does not
apply. Specifically, the Act will not apply to animals of a species listed in schedule 1 of the
Act, which reflects the need to exclude certain common or domestic animals that are
appropriately regulated under other legislation. Nor is it the intent of legislation to require an
authority for an animal that is allowed to be exhibited under the Nature Conservation Act
1992 or the Biosecurity Act 2014.
In addition, the Act will not apply if an exhibited animal authority is not required to exhibit
the animal and a licence, permit or other authority under the Nature Conservation Act 1992 or
the Biosecurity Act 2014 is not required to deal with the animal and either:
• the animal is displayed for 11 days or less, unless the display is for a commercial purpose;
• the animal is displayed only for the purpose of its sale; or
• the animal is being used for scientific purposes.
Also, the Act will not apply if the animal is a protected animal exhibited under section
173P(1) of the Nature Conservation Act 1992, and the animal is being rehabilitated for return
to the wild either:
• to provide information about its ecological role;
• to promote education about, and the conservation of, the species;
• to promote an understanding of ecology and the conservation of the species; or
Page 25
Exhibited Animals Bill 2015
• to raise funds for the care and treatment of animals being rehabilitated for return to the
wild.
This approximates the circumstances in which the holder of a rehabilitation permit under the
Nature Conservation Act 1992 is authorised to display an animal.
Additionally, the Act will not apply if the animal is a protected animal or international
wildlife not being rehabilitated for return to the wild that is displayed for 11 days or less
under the authority of section 173P(1) of the Nature Conservation Act 1992, unless the
display is for a commercial purpose.
Part 4 Interpretation
Division 1 Dictionary
Clause 11 provides that the dictionary in schedule 2 defines particular words used in the Act.
Division 2 Key concepts and definitions
Clause 12 defines an 'animal' to be any live member of the animal kingdom, other than a
human being.
Clause 12 further specifies that 'animal' in the context of dealing with an exhibited animal
includes an animal at each stage of its life cycle, for example, a pre-natal or pre-hatched
creature, as well as the whole or part of the genetic or reproductive material of an animal, for
example, semen. This is to ensure that a person who is authorised to deal with an exhibited
animal is able to deal with the genetic or reproductive material of an animal, for example, for
the purpose of impregnating an animal with semen from an animal of the same species held
in another State without having to physically co-locate the animals.
Clause 13 defines 'exhibit' to mean the display of the animal to the public (including a
section of the public). For example the display could be for commercial, cultural, educational,
entertainment or scientific purposes.
Clause 13 further clarifies that 'exhibit' extends to displaying an animal at a private event,
arranging for the animal to be at a public place that allows members of the public to view the
animal, regardless of whether it is viewed or not, and allowing public interaction involving
the animal.
A responsible person for an animal also exhibits an animal if they record the animal's image
for display to the public, whether the image is displayed when it is recorded or is intended to
be displayed after it is recorded.
'Exhibit' does not, however, extend to allowing a public interaction with an animal, arranging
to view an animal or recording an animal's image, if the animal is in the wild. These
activities are not intended to be captured by this Act.
Page 26
Exhibited Animals Bill 2015
Clause 14 defines an 'exhibited animal' to be an authorised animal, or another animal (not an
authorised animal) that is exhibited if the exhibition is regulated under this Act. Some animal
exhibits are excluded from regulation under the Act by section 10 and hence the animals
involved are not exhibited animals. The inclusion of an authorised animal ensures that an
animal kept under an exhibited animal authority is still an exhibited animal even if it has
never been exhibited.
Clause 15 defines what 'dealing with' an exhibited animal means: the carrying out of an
activity involving or relating to the animal, other than exhibiting the animal. 'Dealing with'
specifically 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.
Clause 16 defines who, under the Act, is a 'responsible person' for an exhibited animal. A
'responsible person' is a person who exhibits or deals with the animal, employs another
person to exhibit or deal with the animal (if the other person exhibits or deals with the animal
within the scope of their employment), holds an exhibited animal authority for the animal, or
owns, or holds a proprietary interest in the animal. However, a person who holds a mortgage
or other security interest in an exhibited animal only becomes a 'responsible person' for the
animal if the person takes steps to enforce the mortgage or security.
Clause 16 further clarifies that a person is not a 'responsible person' only because they record
the animal's image, or employ someone else to record the animal's image, unless the person
is otherwise a responsible person for the animal. This is to ensure that a member of the public
who has no other involvement with the animal is not a 'responsible person' for an exhibited
animal simply because they record its image, for example, in a photograph taken during a
visit to a zoo.
Also a person continues to be a 'responsible person' for a seized animal if they satisfied the
definition of 'responsible person' immediately before the exhibited animal was seized under
the Act.
Clause 17 defines a 'relevant risk' to be any of the following risks associated with exhibiting
or dealing with an exhibited animal:
• 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.
Clause 17 also defines 'relevant adverse effects' as the adverse effects of an event caused by
exhibiting or dealing with an exhibited animal on each of the following:
• the welfare of any animal,
• the health, safety or wellbeing of a person,
• social amenity, the economy and the environment.
Page 27
Exhibited Animals Bill 2015
Chapter 2 Exhibiting and dealing with exhibited
animals generally
Chapter 2 establishes the obligations that will apply to responsible persons exhibiting and
dealing with exhibited animals. It establishes the general exhibition and dealing obligation
applying to responsible persons for exhibited animals and outlines the means by which they
may discharge their obligation.
Part 1 General exhibition and dealing obligation
Clause 18 provides for a 'general exhibition and dealing obligation' which applies to a
responsible person for an exhibited animal. This obligation requires such persons to take all
reasonable and practical measures to prevent or minimise the relevant risks and relevant
adverse effects associated with exhibiting or dealing with the animal.
Clause 18 further clarifies that a responsible person has a general exhibition and dealing
obligation to prevent or minimise a biosecurity risk associated with exhibiting or dealing with
the animal only if the person knows or ought reasonably to know that exhibiting or dealing
with the animal poses or is likely to pose, the risk.
Clause 19 creates an offence for failing to discharge a general exhibition and dealing
obligation. The maximum penalty for the offence is 750 penalty units.
Clause 20 details the effect of a regulation in relation to a person discharging their general
exhibition and dealing obligation. A regulation may explicitly prescribe a way of discharging
the general exhibition and dealing obligation. If a person contravenes such a regulatory
provision, then that person is taken to have failed to discharge their obligation and thereby
triggered the general exhibition and dealing offence provision.
However, unless stated in the regulation, the regulation does not prescribe all that a person
must or must not do to satisfy their obligation. That is, a person may be required to go beyond
the regulatory provisions to satisfy their obligation. This reflects that it is not possible for a
regulation to be comprehensive in every circumstance in which it applies and it is not
intended a responsible person should be excused from taking any other steps that are
reasonable and practical in their particular circumstances.
Clause 21 details the effect of a code of practice in relation to a person discharging their
general exhibition and dealing obligation.
Codes of practice can be made under the Act to assist a person meet their general exhibition
and dealing obligation. Codes of practice may, for example, contain technical details or best
practice measures for animal exhibition, or be of a general nature about risk management in
animal display and exhibition.
However, unless explicitly stated, a code of practice does not provide all that a person has to
do to discharge their obligation. That is, a person may be required to go beyond the
regulatory provisions to satisfy their obligation. It is not a defence for failing to discharge
their general exhibiting and dealing obligation that the relevant code of practice did not
require particular action to be taken.
Page 28
Exhibited Animals Bill 2015
A person fails to discharge their obligation by contravening a code, and not following another
way that is at least as effective as the way stated in the code.
If a regulation requires compliance with the whole or stated part of a code of practice in order
to discharge the general exhibition and dealing obligation, any contravention of the code or
stated part is taken to be a failure to discharge the obligation.
Clause 22 provides that in a proceeding against the general exhibition and dealing obligation
offence provision, it is a defence for a person to prove that the person took all reasonable
precautions and exercised proper diligence to prevent the commission of the offence by the
person, or by another person under the person's control.
The intent of this clause is to ensure that where a breach of the general exhibition and dealing
obligation occurs due to the actions of a person outside the control of a responsible person,
the responsible person has recourse for defence.
Specifically, if a person proves they complied with a regulation or code of practice that
prescribes how the general exhibition and dealing obligation can be discharged, a person is
taken to have demonstrated due diligence if they followed that way. They could, for example,
assume the prescribed way was an appropriate way to prevent or minimise the risks.
However, this clause does not exclude the operation of section 24 of the Criminal Code.
Part 2 Codes of practice and guidelines
Part 2 provides for the making of codes of practice and guidelines about exhibiting and
dealing with exhibited animals.
Division 1 Codes of practice
Clause 23 provides that codes of practice may be made by the Governor in Council by
regulation. The scope of such codes of practice is not limited by the provision. Codes of
practice may be made about, but are not limited to:
• preventing or minimising relevant risks and relevant adverse effects associated with
exhibiting or dealing with exhibited animals;
• designing, constructing or maintaining enclosures for exhibiting or dealing with exhibited
animals; or
• exhibiting or dealing with exhibited animals in enclosures, including, for example, the
species and number of animals to be exhibited or kept in an enclosure or a particular type
of enclosure.
The purpose of codes of practice made under a regulation is to assist individuals to discharge
their general exhibition and dealing obligation under chapter 2, part 1 of the Act.
Clause 24 requires that the chief executive consult with entities that have in interest in
matters relating to exhibiting and dealing with exhibited animals. These may include
community groups and professional and industry associations. This consultation must be
done before the code of practice is recommended to the Governor in Council. However, the
Page 29
Exhibited Animals Bill 2015
code of practice is not invalid if this consultation did not occur. Also this obligation does not
extend to code of practice provisions that are adopted.
Clause 25 requires the Minister to table in the Legislative Assembly a copy of adopted
provisions of codes of practice if they are not part of or attached to the regulation under
which they are made. These adopted provisions must be tabled within 14 sitting days of the
regulation being notified. If any amendments are made to the adopted provisions these must
also be tabled in the Legislative Assembly within 14 sitting days of the amendments being
made. The chief executive must also keep a copy of the adopted provisions available for
inspection by the public. A failure to table the adopted provisions or keep a copy available for
inspection does not invalidate or otherwise affect the regulation.
Division 2 Guidelines
Clause 26 enables the chief executive to make guidelines about matters relating to the
administration of the Act or complying with other requirements imposed under the Act.
Guidelines are intended to provide guidance to exhibitors and the general public about
matters relating to the administration of the Act.
Without limiting the scope of such guidelines, the following matters may be the subject of a
guideline:
• how the monitoring and enforcement of compliance provisions of the Act will operate;
• ways in which animals may be exhibited or dealt with in enclosures, such as ensuring an
enclosure allows an animal to display its normal behaviours;
• information the chief executive may consider relevant in a management plan for
managing the relevant risks and relevant adverse effects associated with exhibiting and
dealing with an exhibited animals.
Before making a guideline, the chief executive must take reasonable steps to provide
interested entities with the opportunity to make submissions on the proposed guideline.
However, the guideline is not invalid if this consultation did not occur.
Clause 27 requires the chief executive to publish guidelines on the department's website and
make them available to the public for inspection free of charge.
Clause 28 provides that in deciding whether a person has discharged their general exhibition
and dealing obligation, or has otherwise complied with the Act, a guideline may be taken into
account. However, it must not be presumed that because a person has failed to follow a
guideline that the person has failed to discharge their general exhibition and dealing
obligation or otherwise contravened the Act. For example, a person does not follow a
guideline about procedures for dealing with an animal while its cage is cleaned. If someone
was seriously injured while handling the animal when its cage was being cleaned, the fact
that the person did not follow the guidelines will not, of its own, be suggestive that the person
has breached their general exhibition and dealing obligation under the Act.
Chapter 3 Exhibited animal authorities
Chapter 3 provides for the issuing of authorities to enable the exhibition of and dealings with
exhibited animals.
Page 30
Exhibited Animals Bill 2015
Part 1 Preliminary
Clause 29 defines an 'exhibited animal authority' to be an authority that is specified in
section 30 for exhibiting and dealing with an exhibited animal. Unless otherwise provided, a
reference to an exhibited animal authority or an authority in relation to an authorised animal
is a reference to the exhibited animal authority under which the animal is authorised to be
exhibited and dealt with. That is, the exhibited animal authority is the authority that enables
the holder to exhibit and deal with the animal.
Clause 29 further provides that, unless otherwise provided, a reference to an exhibited animal
authority or an authority in relation to an authorised enclosure is a reference to the exhibited
animal authority under which a type of enclosure (for an authorised animal (category A)) or a
particular enclosure (for an authorised animal (category B) or (category C)) is authorised for
the exhibition or dealing with that animal.
Clause 30 provides for three types of exhibited animal authorities that may be issued by the
chief executive. They are an 'exhibition licence', an 'interstate exhibitors permit' and a
'temporary authority'. An exhibition licence authorises exhibiting and dealing with an
animal. An interstate exhibitors permit authorises exhibiting and dealing with an animal in
Queensland that is authorised to be exhibited and dealt with elsewhere under an interstate
authority. A temporary authority may be given to deal with an animal for the purpose of
obtaining an exhibition licence for the animal or for disposing of an animal that was
previously kept under an exhibition licence or interstate exhibitors permit.
Clause 31 defines a 'special exhibition approval' as an approval given to the holder of an
exhibition licence to exhibit and deal with an authorised animal (category C) at a place
identified in the approval that is outside its regular enclosure located at its regular enclosure
site under the licence and outside a controlled area that includes its regular enclosure located
at its regular enclosure site under the licence. An authorised animal (category C) is defined in
section 35. These animals are more tightly regulated under this Act given their high pest
potential.
Generally an authorised animal (category C) may only be exhibited in its regular enclosure at
its regular enclosure site or a controlled area that it includes its regular enclosure at its regular
enclosure site (see section 73). The intent of a special exhibition approval is to enable, for a
limited period or on specific occasions, exhibition of an authorised animal (category C) at
another place.
Clause 32 provides that an 'authorised animal' is an animal that is authorised to be exhibited
and dealt with under an exhibited animal authority. An authorised animal may be an
authorised animal (category A) consistent with section 33, an authorised animal (category B)
consistent with section 34, or an authorised animal (category C) consistent with section 35.
Clause 33 defines an 'authorised animal (category A)' as an authorised animal which is
international wildlife, or a commercial animal, controlled animal, recreational animal or
restricted animal under the Nature Conservation Act 1992.
Page 31
Exhibited Animals Bill 2015
Clause 34 lists some common authorised animals that would be an 'authorised animal
(category B)' and provides that any other authorised animal that is neither an authorised
animal (category A) or (category C) is an authorised animal (category B).
Clause 35 defines an 'authorised animal (category C)' as an authorised animal that is
prohibited matter under the Biosecurity Act 2014, other than an animal that is international
wildlife under the Nature Conservation Act 1992. Some species of green python and some
species of eclectus parrot are both international wildlife and prohibited matter and hence
would not be an authorised animal (category C).
Clause 36 provides definitions for an 'authorised enclosure' specific to the category of
authorised animal.
An authorised enclosure for an authorised animal (category A) is an enclosure of a type in
which the animal is authorised to be exhibited or dealt with under the exhibited animal
authority. Given that private keeping of these animals is allowed under a recreational wildlife
licence under the Nature Conservation Act 1992, there are lesser regulatory requirements
relating to these animals when kept under an exhibited animal authority under this Act.
Specifically, a type of enclosure rather than a particular enclosure is authorised.
In contrast, an authorised enclosure for an authorised animal (category B) or (category C) is a
(particular) enclosure in which the animal is authorised to be exhibited or dealt with under the
exhibited animal authority.
Clause 37 defines the term 'management plan.' A management plan is to be submitted by an
applicant for the grant, renewal or restoration of an exhibition licence or the amendment of
such a licence by the grant of a special exhibition approval or otherwise. A plan is also
required for an application for the grant or amendment of an interstate exhibitors permit.
Management plans must identify the particular animals or each species of animals that are
proposed to be an authorised animal (each a 'subject animal') and state how the applicant
proposes to exhibit and deal with the subject animal. The management plan must identify the
significant relevant risks and relevant adverse effects associated with exhibiting and dealing
with the subject animal, and how those risks will be prevented or minimised. Where the
application is for a subject animal that is not native wildlife, the plan must state the
arrangements for managing the reproduction of the animal, including for example,
arrangements for managing any associated progeny.
A management plan submitted for an exhibition licence will contain further information. For
a subject animal proposed to be an authorised animal (category A), the plan must identify
each type of enclosure proposed to be a regular enclosure for the animal and any other
authorised enclosures proposed for the animal. For a subject animal proposed to be an
authorised animal (category B) or (category C), the plan must identify each (particular)
enclosure proposed to be a regular enclosure for the animal and any other authorised
enclosures proposed for the animal. The plan must also identify each regular enclosure site
for each regular enclosure proposed in the plan.
If the application and management plan relates to the amendment of an exhibition licence by
the grant of a special exhibition approval for an authorised animal (category C) it must
Page 32
Exhibited Animals Bill 2015
include all of the above elements as it relates to the exhibiting and dealing with each animal
under the approval.
Part 2 Requirement for authority
Clause 38 provides that it is an offence to exhibit an animal without an exhibited animal
authority that is:
• native wildlife unless, under the Nature Conservation Act 1992, it can be kept or used
without an authorisation under the Nature Conservation Act 1992;
• international wildlife under the Nature Conservation Act 1992;
• prohibited wildlife under the Nature Conservation Act 1992;
• prohibited matter under the Biosecurity Act 2014; or
• restricted matter under the Biosecurity Act 2014.
The maximum penalty for exhibiting an animal without an exhibited animal authority is 500
penalty units.
Clause 38 further clarifies that despite section 173P(1) of the Nature Conservation Act 1992,
the chief executive under that Act is not exempt from the requirement to have an exhibited
animal authority only by virtue of section 173P(2) of that Act. The intent is to subject
government exhibitions, other than those excluded from the application of the Act under
section 10, to the requirement for an authority under the Act.
Part 3 Authorisations
Division 1 Preliminary
Clause 39 provides that the purpose of part 3 is to provide for exhibiting and dealing with an
authorised animal.
Clause 39 also clarifies that provisions in part 3 relating to exhibited animal authorities are
subject to a condition of authority under part 7.
Division 2 Exhibition licences
Clause 40 provides that an exhibition licence authorises the holder to exhibit and keep an
authorised animal in the way stated in the licence.
Clause 41 provides that the holder of an exhibition licence is authorised to buy or accept an
authorised animal only from a person who is authorised to sell or give it under Queensland
law, the law of another State, or that of the Commonwealth. Alternatively, where the animal
is imported into the State from a person in a foreign country, the exhibition licence holder can
only buy or accept the animal if the importation was authorised under a law of the
Commonwealth.
Clause 42 provides that the holder of an exhibition licence may sell or give an authorised
animal to a person who is authorised to buy or accept it under Queensland law, the law of
another State, or the Commonwealth, or, where an animal is to be exported from the State to
another country, only if the exportation is authorised under Commonwealth law.
Page 33
Exhibited Animals Bill 2015
Clause 43 provides the circumstances in which an exhibition licence authorises the holder to
move an authorised animal. An animal may be moved:
• from one authorised enclosure to another authorised enclosure;
• from an authorised enclosure to the premises of a veterinary surgeon for treatment or
care, and return to an authorised enclosure;
• to a place outside an authorised enclosure, if for exhibition or dealing authorised under
the licence;
• to a place outside an authorised enclosure, if necessary to prevent or minimise a relevant
risk or relevant adverse effect associated with exhibiting or dealing with the animal;
• from a place controlled by a person from whom the animal has been bought or accepted
under section 41, to an authorised enclosure;
• from an authorised enclosure to a place controlled by a person to whom the animal has
been sold or given under section 42;
• as otherwise stated in the licence or prescribed by regulation.
Clause 44 provides that an exhibition licence can authorise other dealings with an authorised
animal.
Division 3 Interstate exhibitors permits
Clause 45 defines a 'primarily authorised animal' for an interstate exhibitors permit, as an
animal to which the primary authority for the permit relates.
Clause 45 also defines a 'primary authority' as the interstate authority identified in the
permit.
Clause 46 provides that an interstate exhibitors permit authorises the holder to exhibit and
keep a primarily authorised animal in the way stated in the permit.
Clause 47 provides the circumstances in which an interstate exhibitors permit authorises the
holder to move a primarily authorised animal. An animal may be moved under an interstate
exhibitors permit:
• from one authorised enclosure to another authorised enclosure;
• from an authorised enclosure to the premises of a veterinary surgeon for treatment or
care, and return to an authorised enclosure;
• to a place outside an authorised enclosure, for exhibition or dealing authorised under the
permit;
• to a place outside an authorised enclosure, if necessary to prevent or minimise a relevant
risk or relevant adverse effect associated with exhibiting or dealing with the animal;
• as otherwise stated in the permit or prescribed by regulation.
Division 4 Temporary authorities
Clause 48 provides that a temporary authority authorises the holder to deal with an animal in
the way stated in the authority. It is intended that a temporary authority could provide for
dealings with an animal that are directed at lawfully resolving how it will be kept in the
longer term. For example, where an individual commits a relevant offence and their licence is
Page 34
Exhibited Animals Bill 2015
cancelled, a temporary authority could be granted to enable them to lawfully sell or otherwise
dispose of their animals.
Part 4 Applications for grant of particular authorities
Division 1 Preliminary
Clause 49 specifies that part 4 applies to applications for the granting of either an exhibition
licence or an interstate exhibitors permit. Part 4 is not relevant to temporary authorities.
Division 2 Making application
Clause 50 provides that a person may apply to the chief executive for an exhibition licence.
Similarly, the holder of an interstate authority may apply to the chief executive for a grant of
an interstate exhibitors permit.
Clause 51 provides that an application for an exhibition licence or interstate exhibitors permit
must be in the approved form and be accompanied by a management plan and the prescribed
fee. The management plan must be for exhibiting and dealing with each particular animal or
the animals of each species that are to be authorised animals under the exhibited animal
authority applied for.
The chief executive may waive the application fee if the application relates to exhibiting an
animal that is prohibited or restricted matter, and the proposed exhibition is aimed at
controlling or eradicating animals of that species, and the applicant will not derive any
financial benefit from exhibiting or dealing with the animal, and the applicant undertakes in
writing to advise the chief executive of the progress and outcomes of exhibiting and dealing
with the animal.
Clause 52 provides that an applicant may withdraw their application at any point before the
application is decided. Any fee accompanying the application is not refundable if the
application is withdrawn or taken to be withdrawn.
Clause 53 sets out the matters that the chief executive may or must consider when deciding
whether a person is suitable to hold an exhibited animal authority, and provides that the chief
executive may make inquiries to determine the suitability of an applicant. An individual is
not suitable to hold an authority if they are insolvent under administration. Nor is a
corporation suitable to hold an authority if the corporation is placed in receivership or
liquidation, or its executive officer is insolvent under administration.
There are other considerations that are relevant in informing the chief executive's decision
regarding suitability of the applicant to hold the authority. They are not however definitive in
directing the chief executive's ultimate decision. These other matters which may be
considered in deciding suitability are:
• whether the applicant, or an associate of the applicant, has previously been refused an
exhibition licence, interstate exhibitors permit or similar authority;
• whether the applicant, or an associate of the applicant, has held an exhibition licence,
interstate exhibitors permit or similar authority that was suspended or cancelled;
Page 35
Exhibited Animals Bill 2015
• whether the applicant, or an associate of the applicant, has a conviction for a relevant
offence, other than a spent conviction. The term 'relevant offence' is defined in schedule
2; and
• any other matter the chief executive considers relevant to the applicant's ability to exhibit
or deal with an animal under the authority applied for - including capacity to comply with
the conditions of an authority.
Clause 54 provides that the chief executive, when deciding an application, may require the
applicant, by notice, to provide a document or further information. Such information or
documents may be required to be included in the management plan. Any document or further
information submitted must be verified by a statutory declaration, if the notice requires.
The notice requiring further information or documents must be given to the applicant within
30 days after the application is received. The applicant must provide the information or
document within a stated period of at least 30 days. If the applicant does not supply the
requested document or information within the stated timeframe, the applicant is taken to have
withdrawn the application.
Clause 55 provides for the chief executive to request, by notice, consent to an official
assessment where the chief executive considers that an official assessment is reasonably
required to decide an application for the grant of an exhibition licence.
The notice requesting consent must be given within 30 days after the application is received.
The applicant must consent in writing to an official assessment within a reasonable stated
period of at least 30 days. If the applicant does not provide written consent within the stated
period, the applicant is taken to have withdrawn the application.
Clause 56 provides that at any time before an application is decided, the chief executive may,
by notice, recommend changes to the application, including to the management plan. The
notice may invite the applicant to give the chief executive an amended application reflecting
the changes within a reasonable stated period of at least 30 days. The intent is to allow an
opportunity for the applicant to address a deficiency in their application that might otherwise
result in it being refused or granted with conditions. Where an applicant gives the chief
executive an amended application in response to the notice within the stated period, then the
application will be dealt with as if it was a new application.
Division 3 Deciding application
Clause 57 provides that the chief executive must consider the application and either grant,
grant with appropriate conditions, or refuse to grant the application.
Clause 58 provides the general criteria that must be met in order for the chief executive to
grant the application. Where an application has been made by an individual, it may only be
granted where the applicant is an adult. In addition, before an application may be granted, the
chief executive must be satisfied that the applicant is a suitable person to hold the authority,
must approve the management plan for the animals to be authorised under the authority, and,
where the application relates to an activity that is an assessable development under the
Sustainable Planning Act 2009, must be satisfied that development approval has been
granted.
Page 36
Exhibited Animals Bill 2015
Clause 58 further provides that the chief executive can only approve a management plan if
satisfied that each animal proposed to be authorised under the authority can be exhibited and
dealt with under the plan in a way that prevents or minimises the relevant risks and relevant
adverse effects associated with exhibiting or dealing with the animals.
Clause 59 provides that where the application relates to exhibiting or dealing with an animal
in a premises or part of a premises used for residential purposes, the chief executive may only
grant the application if the applicant is the occupier of the premises or part and written
consent has been given for an inspector to enter the premises or part of the premises.
Clause 60 provides for the circumstances in which an applicant seeks to exhibit or deal with
animals at two or more premises under an authority. The chief executive may only grant the
application if satisfied exhibiting or dealing with the animals at each premise is operationally
interrelated, that the same individuals ('designated carers') will have the day-to-day care and
control of the animals at each premise, and the location of each premise allows the integrated
day-to-day care and control of the animals by the designated carers to be feasible.
Clause 60 is intended to allow exhibition and dealing across two sites under a single
exhibition licence where the sites are reasonably proximal such as where an exhibitor has
expanded their operations to a site next door or immediately across the road. However, clause
60 is intended to prevent an entity holding a single exhibition licence for exhibits managed
separately in different regions of the State. This is largely because an official assessment to
monitor compliance with the Act at all the sites would not be feasible on a single visit by an
inspector in these circumstances.
Clause 61 requires the chief executive to issue the authority if the application is granted.
However, if the application is refused, or granted with conditions other than those applied for,
the chief executive must give the applicant an information notice for the decision.
Clause 62 provides that an application is taken to be refused if the chief executive fails to
decide the application within 40 days of its receipt. However, if the chief executive has
requested further information or a document under section 54(1) or consent to an official
assessment (application) under section 55(2), the application is taken to be refused if the chief
executive fails to decide the application within 40 days of receipt of the required information
or document or the consent. An information notice for the decision must be given to the
applicant if the application is taken to be refused under this provision. The entitlement to an
information notice triggers the review provisions under chapter 7, part 5. This will enable the
applicant to escalate consideration of their application if they do not receive a timely
decision.
Part 5 Granting temporary authorities
Clause 63 sets out the circumstances in which the chief executive may grant a temporary
authority. The provision applies where the chief executive considers there may not be
adequate arrangements in place for managing the relevant risks or relevant adverse effects
associated with exhibiting and dealing with an animal that was an authorised animal under an
exhibition licence or interstate exhibitors permit, and any of the following apply:
• an exhibition licence is cancelled or suspended;
• the holder of an exhibition licence does not apply for its renewal or restoration and the
licence expires;
Page 37
Exhibited Animals Bill 2015
• an application for renewal or restoration of an exhibition licence is withdrawn or taken to
have been withdrawn and the licence has expired;
• the chief executive decides to refuse, or is taken to have refused, to renew or restore an
exhibition licence and the licence expires; or
• an interstate exhibitors permit expires or is cancelled or suspended and an animal to
which a permit is related is in Queensland.
In such circumstances, the chief executive may grant a temporary authority to the person who
previously held the exhibition licence or interstate exhibitors permit. When this occurs, the
exhibition licence or interstate exhibitors permit becomes the 'previous authority' for the
temporary authority.
It is further clarified that the chief executive may grant a temporary authority before the
expiry of the previous authority, although it will only take effect when the previous authority
expires.
Part 6 Authority provisions
Division 1 Contents
Clause 64 prescribes that an exhibited animal authority must:
• state the name and contact details of the authority holder;
• identify each animal authorised to be exhibited and dealt with under the authority as a
particular animal;
• identify each species (or group of species) for each animal authorised to be exhibited and
dealt with under the authority by species (or group of species);
• state the dealings with authorised animals that are authorised under the authority -
dealings authorised with particular animals and/or dealings authorised with any animal of
the species;
• for an authorised animal (category A), identify each authorised type of enclosure in which
the animal may be exhibited and dealt with;
• for an authorised animal (category B) or (category C), identify each authorised enclosure
for the animal;
• state the way in which each authorised animal is authorised to be exhibited. This may
include allowing the public to enter an authorised enclosure in a stated way or exhibiting
the animal outside an authorised enclosure in a stated way;
• state the special conditions of the authority (see section 77);
• state the term of the authority; and
• include the approved management plan for the authority.
A matter, other than the name and contact details of the authority holder, may be identified or
stated by reference to a matter in the approved management plan.
Clause 65 requires additional contents for an exhibition licence. For an authorised animal
(category A), an exhibition licence must identify each authorised type of enclosure that is an
authorised type of regular enclosure for the animal. For an authorised animal (category B) or
(category C), an exhibition licence must identify each authorised enclosure that is a regular
enclosure for the animal. For any authorised animal, it must identify each regular enclosure
site for a regular enclosure.
Page 38
Exhibited Animals Bill 2015
An exhibition licence may identify these matters by reference to a matter identified or stated
in the approved management plan for the licence.
If an exhibition licence has been amended by granting a special exhibition approval for an
authorised animal (category C), the exhibition licence must include the special exhibition
approval.
Clause 66 requires that in addition to the required contents of any exhibited animal authority
in section 64, an interstate exhibitors permit must identify the primary authority for the
permit.
Clause 67 provides that a temporary authority complies with the required contents of an
exhibited animal authority in section 64(1)(a) - (g), if it includes a provision of the previous
authority for the temporary authority (an exhibition licence or interstate exhibitors permit).
Division 2 Term
Clause 68 provides that an exhibited animal authority remains in force for the term decided
by the chief executive and stated in the authority, unless sooner suspended or cancelled.
However, an exhibition licence cannot have a term of more than three years and an interstate
exhibitors permit cannot have a term of more than one year, and must not extend beyond the
end of the term of the primary authority for the permit.
Part 7 Authority conditions
Division 1 Mandatory conditions - all authorities
Clause 69 sets out the mandatory conditions for all exhibited animal authorities comprising:
• an authorised enclosure suitable for the animal's use must be supplied for each authorised
animal;
• no animal may be exhibited or dealt with in an authorised enclosure other than an animal
authorised under the authority to be exhibited or dealt with in the enclosure;
• an authorised animal must, to the greatest extent practicable, have the use of the entire
enclosure in which it is exhibited or kept;
• an authorised animal may only be exhibited and dealt with in a way that is authorised
under the authority and consistent with the approved management plan for the authority;
• if an authorised animal is authorised to be exhibited outside an authorised enclosure, it
must be under the immediate control of a responsible person for the animal;
• if an authorised animal is authorised to be dealt with outside an authorised enclosure and
a controlled area, it must be under the immediate control of a responsible person for the
animal;
• if an animal is authorised to be exhibited or dealt with in premises or part of premises
used for residential purposes and occupied by the authority holder, the authority holder
must consent to an inspector entering the premises or part (at any reasonable time but on
written or oral notice of at least 1 hour) to inspect an authorised animal or enclosure to
monitor compliance with this Act;
• while an authorised animal is exhibited, an exhibition notice must be displayed so as to be
easily visible to persons attending the place where the animal is exhibited;
Page 39
Exhibited Animals Bill 2015
• an authorised animal that has visible signs of serious illness or injury may be exhibited
only if information about the nature and cause, or suspected nature and cause of the
illness or injury is made available to persons viewing the animal;
• aggressive behaviour of a particular authorised animal that caused a human death or
serious injury or illness must not be disclosed to a member of the public for an
advertising, marketing or promotional purpose;
• the reproduction of an authorised animal that is not native wildlife, must be managed in
accordance with the approved management plan; and
• any other conditions prescribed by regulation.
It is further clarified that the condition that an authorised animal must be provided with an
authorised enclosure does not prohibit multiple authorised animals from sharing an enclosure.
An 'exhibition notice' must contain the name and contact details of the holder of the
authority, other than a residential address, and the term of the authority.
Division 2 Mandatory conditions - exhibition licences
Subdivision 1 Preliminary
Clause 70 provides that division 2 states further conditions that apply to an exhibition
licence.
Subdivision 2 Exhibiting and keeping authorised animals generally
Clause 71 places the following additional conditions on an exhibition licence:
• an authorised animal must remain in a regular enclosure for the animal, other than to the
extent (if any) the licence authorises the animal to be exhibited or dealt with outside the
enclosure;
• each regular enclosure for an authorised animal must remain at a regular enclosure site
under the licence, other than to the extent (if any) the licence authorises the enclosure to
be located elsewhere;
• each regular enclosure site under the licence must be located at premises of which the
licence holder is the occupier.
Clause 72 makes it a condition of an exhibition licence that an authorised animal must be
kept under the licence for at least one month, unless the chief executive gives written
approval for the earlier disposal of the animal.
Clause 73 makes it a condition of an exhibition licence that an authorised animal (category
C) may only be exhibited at a regular enclosure for the animal located at a regular enclosure
site under the licence, or in a controlled area that includes a regular enclosure for the animal
at the regular enclosure site under the licence. An authorised animal (category C) may only
be exhibited at another place if the exhibition is authorised under a special exhibition
approval included in the licence.
Page 40
Exhibited Animals Bill 2015
Subdivision 3 Minimum exhibition periods
Clause 74 states that subdivision 3 applies to an exhibition licence, subject to other
conditions of the licence.
Clause 75 applies to an authorised animal (category B) and those particular animals covered
by section 265. It is a condition of an exhibition licence that at least one authorised animal of
the species of animal is exhibited in each calendar month (the relevant month) during the
term of the exhibition licence.
However, the clause recognises that meeting this requirement may prove challenging for
some exhibitors given seasonal demand. As such, it provides that the minimum exhibition
condition is met where an authorised animal of the species has been exhibited on at least
twelve separate occasions in the year ending immediately before the relevant month (the
preceding year). 'Separate occasion' is defined as each day on which the animal is exhibited
or each occasion that the animal is exhibited more than once on a particular day, provided the
audiences do not consist substantially of the same people. Where animals of the species have
been kept under the licence for only part of the preceding year, the minimum exhibition
requirement would instead be met if an authorised animal of the species was exhibited on at
least the number of separate occasions equal to the number of whole calendar months in the
preceding year the animal was kept. For example, if the animal was only kept for six months
and ten days in the year leading up to that month, the condition would be met if it had been
displayed on six separate occasions.
The minimum exhibition requirement is directed at ensuring public benefits related to
exhibition are realised when these species are kept under an exhibition licence.
Display at a private event held at a regular enclosure site under the licence is generally an
'exhibit' for the Act under section 13(2)(a), However, it is not an exhibition of the animal for
the purposes of the minimum exhibition period in clause 75. This is because verifying these
exhibition activities would be particularly problematic and could make the minimum
exhibition requirement unenforceable.
Similarly, a responsible person for an authorised animal recording the animal's image to be
recorded is generally an 'exhibit' for the Act under section 13(3). However, it is not an
exhibition of the animal for the purposes of the minimum exhibition requirement in clause
75, unless the recording is by way of filming for a film or television production in the form of
a story, narrative or documentary.
Clause 76 applies to an authorised animal (category C) other than those particular animals
covered by section 265. It is a condition of an exhibition licence that at least 1 authorised
animal of the species of animal is exhibited for a combined total of 75 hours in each calendar
month (the relevant month) during the term of the exhibition licence.
However, the clause recognises that meeting this requirement may prove challenging for
some exhibitors given seasonal demand. As such, it provides that the minimum exhibition
condition is met where an authorised animal of the species has been exhibited for a combined
total of at least 900 hours in the year ending immediately before the relevant month (the
preceding year). Where animals of the species have been kept under the licence for only part
of the preceding year, the minimum exhibition requirement would instead be met if an
Page 41
Exhibited Animals Bill 2015
authorised animal of the species was exhibited for at least the combined total of hours that
corresponds to an average of at least 75 hours in each whole calendar month in the preceding
year the animal was kept. For example, if the animal was only kept for six months and ten
days in the year leading up to that month, the condition would be met if it had been displayed
for a combined total of 450 hours.
An hour may only be counted toward the minimum exhibition requirement in clause 76 if the
animal is exhibited for at least three hours on that occasion. The intent of having a minimum
period of three hours is to simplify enforcement by making it easier to verify hours of
exhibition that may be counted against the requirement.
Display at a private event is generally an 'exhibit' for the Act under section 13(2)(a).
However, it is not exhibition of the animal for the purposes of the minimum exhibition
requirement in clause 76.
The minimum exhibition requirement is directed at ensuring public benefits related to
exhibition are realised when these species are kept under an exhibition licence. The
requirement is higher for the high pest-potential animals that are an authorised animal
(category C) than for an authorised animal (category B). This reflects that the public benefit
that needs to be realised to balance the pest establishment risks involved in allowing them to
be kept is more significant than for other wildlife.
Similarly, a responsible person for an authorised animal recording the animal's image is
generally an 'exhibit' for the Act under section 13(3). However, recording the animal's image
is not an exhibition counted towards the minimum exhibition requirement in clause 76, unless
the recording is by way of filming for a film or television production in the form of a story,
narrative or documentary.
Division 3 Other authority conditions and related matters
Clause 77 provides that the chief executive may decide additional conditions for an exhibited
animal authority, each a special condition. The special conditions are those considered
appropriate by the chief executive, giving consideration to the relevant risks and relevant
adverse effects associated with exhibiting or dealing with an animal under the exhibited
animal authority. Special conditions are not limited to, but may include:
• the maximum or minimum number of authorised animals that may be exhibited and dealt
with under the exhibited animal authority;
• prohibiting or restricting the reproduction of the authorised animal;
• requiring the authority holder to maintain public risk insurance of a stated amount that the
chief executive considers reasonable; and
• a record requirement
Furthermore, a temporary authority may include similar or equivalent conditions to a
mandatory condition of an exhibition licence.
Clause 77 further clarifies that a special condition of an exhibited animal authority may allow
something to be done or omitted to be done that would contravene a mandatory condition of
the authority, unless permitted by this clause or section 79, but only if the special condition
applies for a period of no more than 1 year stated in the authority.
Page 42
Exhibited Animals Bill 2015
Clause 78 provides that where there is an inconsistency between a condition of an exhibition
licence for an authorised animal, whether it is a mandatory condition or a special condition
and a condition of a special exhibition approval for the animal, then the approval condition
prevails to the extent of the inconsistency while the animal is exhibited or dealt with under
the approval.
Clause 79 provides for circumstances where a 'temporary condition' is inconsistent with a
mandatory condition. A temporary condition is a special condition of an exhibition licence or
interstate exhibitors permit to which section 77(5) applies, or a condition of an exhibition
licence or interstate exhibitors permit decided under section 137(5)(b). Where such a
temporary condition is inconsistent with a mandatory condition of an exhibition licence or an
interstate exhibitors permit, the temporary condition prevails to the extent of the
inconsistency.
Part 8 Obligations under exhibited animal authorities
Division 1 Notification obligations
Subdivision 1 Preliminary
Clause 80 provides for the definitions for chapter 3, part 8, division 1. In particular, it defines
what constitutes a 'serious incident' which must be reported under section 81.
Subdivision 2 Authority holders
Clause 81 creates an obligation on the authority holder to immediately notify the chief
executive of a serious incident relating to an authorised animal, unless the holder has a
reasonable excuse. The maximum penalty for failing to do so is 100 penalty units.
The notice must be given by the faster option of written notice (including emails) or by
telephone. The chief executive must respond, by the same means, acknowledge the
notification or give a direction to give notice of the incident in the approved form within 48
hours.
Clause 81 further specifies that if the authority holder attempts to notify the chief executive
by telephone, but does not receive a direction or acknowledgement, then they must give
written notice of the serious incident.
Clause 82 places an obligation on the authority holder to notify the chief executive, in the
approved form, of a significant change within:
• 48 hours, if the significant change is mentioned in subclause (1)(a) or (b);
• 7 days, if the significant change is mentioned in subclause (1)(c).
Failure to provide notice in either case is an offence with a maximum penalty of 50 penalty
units.
Clause 83 makes certain evidence inadmissible as evidence in a proceeding in some
circumstances. If the authority holder is an individual and notifies the chief executive of a
serious incident mentioned in section 81(1), a serious incident mentioned in section 81(3)(a)
Page 43
Exhibited Animals Bill 2015
or a significant change mentioned in section 82(2), evidence of the notification or indirectly
derived from the notification is inadmissible in a proceeding against the individual to the
extent that the notification would incriminate them, or expose them to penalty in legal
proceedings. This protection does not however apply to a proceeding about the false or
misleading nature of the notice.
This protection is provided because it is more important that the chief executive becomes
aware that there was an serious incident or that there were movements of the animal outside
its authorised enclosure that were not foreseen, risks that could not be prevented or
minimised under the authority, or that the primary authority no longer allows dealings with
the animals and can consult with the authority holder about amending the plan for dealing
with the risks or granting a temporary approval if appropriate.
Subdivision 3 Persons acting under authorities
Clause 84 establishes an obligation for a person acting on behalf of the authority holder to
notify the authority holder if they become aware of a serious incident. This notice must be
provided no later than 24 hours after becoming aware of the incident, unless the person has a
reasonable excuse. If the authority holder cannot be notified, the chief executive must be
notified. Failure to fulfil these notification obligations is an offence with a maximum penalty
of 100 penalty units.
Division 2 Other obligations
Clause 85 creates an offence for the authority holder to contravene a condition of an
exhibited animal authority, unless the holder has a reasonable excuse. The maximum penalty
for contravening a condition of the authority is 200 penalty units.
However, it is a defence to a prosecution for this offence, where the contravention relates to
specific conditions of the authority stated in clause 85(2), if the defendant proves there was a
signed veterinary surgeon's certificate stating that the contravention was necessary to prevent
or minimise a relevant risk or relevant adverse effect associated with exhibiting or dealing
with an authorised animal.
Clause 86 provides that a regulation, condition of an exhibited animal authority or notice
from the chief executive may require (a 'record requirement') the authority holder to do any
of the following:
• record specific information relating to exhibiting or dealing with an animal in a stated
way or at stated intervals or times;
• keep specific information in a stated way, or at a stated place or for a stated period; and/or
• provide the chief executive or another stated person specific information in a stated way
or at stated times or intervals.
It is an offence for an authority holder not comply with a record requirement without
reasonable excuse. The maximum penalty for non-compliance is 200 penalty units.
Furthermore, it is an offence for an authority holder who is required to create a record under a
record requirement, to allow the record to contain information that the holder knows, or ought
to know is false, misleading or incomplete. The maximum penalty for non-compliance is 200
penalty units.
Page 44
Exhibited Animals Bill 2015
Part 9 Other applications relating to particular authorities
Division 1 Renewal or restoration
Clause 87 provides that the holder of an exhibition licence may apply for renewal of
registration no earlier than six months and no later than three months before the end of the
term of the licence (the 'renewal period'). The holder or former holder of an exhibition
licence may also apply to the chief executive from the end of the renewal period until 3
months after the term of the licence ends, for the renewal or restoration of the licence.
An application for renewal or restoration must be in the approved form, and accompanied by
a fee prescribed by regulation. The chief executive may waive the fee, if the chief executive
waived the application fee under section 51(2).
The renewal or restoration application may be accompanied by a new management plan or a
private assessment report for exhibiting and dealing with an animal that is, or is to be,
authorised under a licence.
Clause 88 provides that sections 52 to 56, 58 to 60 and 62 ('relevant provisions') apply to an
application for renewal or restoration of an exhibition licence. That is, those provisions
relevant to an application for an exhibition licence generally apply to the renewal or
restoration application, subject to the operation of sections 89 and 90.
Clause 89 ensures that the approved management plan for an exhibition licence continues if
the application for renewal or restoration of the licence is not accompanied by a revised
management plan. Alternatively, the approved management plan continues in force if the
application is accompanied by a new management plan that the chief executive considers is
materially changed from the approved management plan and the chief executive asks the
applicant to apply under division 2 to amend the licence to affect the change.
Clause 90 specifies that if an application for renewal or restoration is accompanied by a
private assessment report prepared by an accredited person then an applicant does not require
an official assessment. However, if:
• the private assessment report states that in the opinion of the accredited person an
authorised animal has not been, or is not being exhibited or dealt with in compliance with
the legislation or an enclosure does not comply with the legislation;
• the accredited person gives the chief executive notice about an alleged contravention of
the legislation by the applicant; or
• the chief executive considers the application cannot properly be decided on the basis of
the report,
then an official assessment may still be requested.
Clause 91 provides that the chief executive must consider an application for renewal or
restoration of the exhibition licence, and decide to renew or restore the licence, or refuse to
renew or restore the licence. In making this decision the chief executive must consider any
contravention of an exhibited animal direction by the applicant. The chief executive must
give the applicant an information notice about a decision to refuse to renew or restore the
licence.
Page 45
Exhibited Animals Bill 2015
Clause 91 further clarifies that an exhibition licence may be renewed or restored by issuing a
new licence to replace it.
Clause 92 provides that an exhibition licence will continue in force until a renewal
application has been decided or taken to have been decided or is taken to have been
withdrawn. This applies only where the holder of an exhibition licence applies for renewal of
the licence during the renewal period and the licence is not suspended or cancelled before it
was due to expire. If the renewal application is refused or taken to be refused, the licence will
continue in force until the licence holder has been given an information notice for the
decision.
Where the holder of an exhibition licence applies for renewal or restoration of the licence
after the renewal period has ended it is intended that the licence not continue until the
application is decided. In these circumstances the chief executive may decide to grant a
temporary approval to authorise limited dealings with the formerly authorised animals.
Division 2 Amendment
Clause 93 provides that division 2 applies to exhibition licences and interstate exhibitors
permits.
Clause 94 provides that the holder of an exhibition licence may apply to the chief executive
to amend the licence by granting a special exhibition approval for an authorised animal
(category C).
An authority holder may also apply to the chief executive to otherwise amend the authority.
However, applications cannot be made to extend the maximum term of the authority.
Applications must be made in the approved form and accompanied by the prescribed fee. If
the amendment relates to matters mentioned in section 37(2) to (4) (that relate to a
management plan), the application must also be accompanied by a revised management plan.
Clause 95 provides that sections 52 to 56, 58 to 60 and 62 ('relevant provisions') apply to an
application to amend the authority. That is, those provisions that applied to the application for
the authority generally apply to its amendment.
However, section 55 only applies to an application to amend an exhibition licence, and
section 58(1)(b)(ii) and (2) do not apply to an application if the proposed amendment if it is
not relevant to a matter mentioned in section 37(2 to (4) (that relate to a management plan).
Clause 96 provides for the chief executives consideration of an application to amend an
exhibition licence in the form of a special exhibition approval. The chief executive must grant
the special exhibition approval, grant the approval with conditions, or refuse to grant the
approval. The chief executive must consider any contravention of an exhibited animal
direction by the applicant when deciding the application.
However, the chief executive can only grant the special exhibition approval for a maximum
of one year, or, if it is sooner, until the term the exhibition licence ends.
Page 46
Exhibited Animals Bill 2015
If the chief executive grants the special exhibition approval, the chief executive must give the
applicant the approval. The approval, while it remains in force, is taken to be part of the
exhibition licence to which the approval relates. If however, the chief executive refuses to
grant the special exhibition approval or decides to grant the approval on conditions other than
those applied for, the applicant must be given an information notice for the decision.
Clause 97 provides that where an application is made for an amendment to an exhibited
animal authority, other than for a special exhibition approval, the chief executive must
consider the application and either amend the authority, amend the authority with conditions,
or refuse the application. The chief executive must consider any contravention of an exhibited
animal direction by the applicant when deciding the application.
The chief executive may amend the exhibited animal authority by giving the authority holder
notice of the amendment, or by issuing another authority of the same category to replace it.
If, however, the chief executive refuses to amend an exhibited animal authority, or decides to
amend the authority on conditions other than those applied for, then the applicant must be
given an information notice for the decision.
Division 3 Transfer of exhibition licence
Clause 98 provides for the transfer of an exhibition licence where the holder and the
proposed transferee make a joint application to the chief executive for the transfer of the
licence. The application for transfer must be in the approved form and accompanied by the
prescribed fee.
Clause 99 provides that the chief executive may decide to transfer the exhibition licence only
if satisfied that there will not be substantial change in the persons principally involved in
exhibiting or dealing with the authorised animals under the licence or the dealings authorised
under the licence, and that the transferee is a suitable person to hold the licence. Otherwise
the chief executive must refuse the application.
In determining whether the proposed transferee is a suitable person to hold the licence, the
chief executive may have regard to the criteria under section 53.
The chief executive may transfer the exhibition licence by issuing a new exhibition licence to
the transferee.
The transfer application is taken to have been refused by the chief executive if the application
is not decided within 30 days after the chief executive receives the application. In this
instance, the applicants are entitled to be given an information notice by the chief executive
for the decision. Similarly, if the chief executive refuses to transfer the exhibition licence, the
applicants must be given an information notice for the decision.
Part 10 Other matters
Division 1 Register of authorities
Clause 100 provides that the chief executive must keep a register of exhibited animal
authorities. Parts of the register must be made publically available. These include information
Page 47
Exhibited Animals Bill 2015
such as the name and contact details of the authority holder. These parts must be published on
the department's website. Also a person may pay the prescribed fee to purchase a copy of all
or part of the publically available part of the register.
Division 2 Death of authority holder
Clause 101 provides certainty to authority holders and their families through an express
provision that clearly set out the effect of a holder's death on an exhibited animal authority.
Upon death, the authority holder ceases to be the authority holder.
If the holder was the only holder of the exhibited animal authority, then the authority
continues in force, and the individual's personal representative becomes the authority holder.
Where there is more than one authority holder, the individual's personal representative
becomes the authority holder, and the other holders continue to be authority holders.
Clause 102 provides for the administrative matters necessary to reflect the change in
authority holder to a personal representative in the instance of an authority holder's death. In
this circumstance, the personal representative, as the new holder of the authority, must give
the chief executive notice in the approved form within 21 days of becoming the new holder.
Also, until the change is recorded, notices issued by the chief executive to the new holder
may be given at the last known address of the deceased holder.
Chapter 4 Assessment of compliance
Chapter 4 provides for assessments of compliance that may be used to decide applications for
the grant, renewal or amendment of an authority or that may be undertaken where an
exhibitor has a been given an exhibited animals direction. Private assessments by accredited
persons may provide sufficient evidence to decide a licence renewal application.
Part 1 Official assessments
Clause 103 applies if a person applies, or intends to apply for the grant, renewal or restoration
of an exhibition licence or the amendment of an exhibition licence, including by the grant of
a special exhibition approval for an authorised animal (category C). The clause provides that
an inspector may with the person's consent, carry out an inspection (an 'official assessment
(application)') of an animal, enclosure or place to which the application or prospective
application, relates or is expected to relate, to assess the likelihood of the person complying
or the compliance of the person with the Act.
Clause 104 applies where the authority holder is given an exhibited animal direction. The
clause empowers an inspector to carry out an inspection (an 'official assessment (follow-up)')
of an authorised animal or an enclosure or place where an authorised animal is, or is expected
to be, exhibited or dealt with to assess the compliance of the holder with this Act.
Only one official assessment (follow up) may be carried out in relation to the giving of an
exhibited animal direction, and only within 1 year.
Page 48
Exhibited Animals Bill 2015
Clause 104 further clarifies that the clause does not limit other powers of inspectors under the
Act.
Clause 105 provides that a person must pay the fee prescribed by legislation if an official
assessment (application) or (follow-up) is carried out to assess a person's compliance with
the Act. The chief executive may recover the fee from the person as a debt payable to the
State.
Part 2 Private assessment
Clause 106 provides that under part 2 a holder of an exhibition licence includes a former
holder of an exhibition license.
Clause 107 defines a private assessment as an inspection of an animal, an enclosure, or place
that is carried out by an accredited person at the request of the holder of an exhibition licence
to assess the holder's compliance with the Act.
Clause 108 defines a private assessment report as a report of 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 each item in
subclause (2).
Clause 109 makes it an offence for an accredited person, who prepares a private assessment
report or the holder of an exhibition licence who provides the report to the chief executive, to
provide information that they know or ought to reasonably know is false or misleading. The
maximum penalty is 200 penalty units.
Clause 110 provides that a private assessment report is not admissible in evidence against the
holder of an exhibition licence in civil or criminal proceedings. However, it may be
admissible in a proceeding about the false or misleading nature of anything in the private
assessment report or in which the false or misleading nature of the report is relevant evidence.
Part 3 Accreditation for private assessment
Division 1 Applications
Clause 111 provides that a person may apply to the chief executive for the grant of
accreditation. The application must be in the approved form and accompanied by the fee
prescribed by regulation.
Clause 112 provides that the chief executive must consider the application and decide to
grant the accreditation applied for, grant the accreditation on conditions or refuse to grant the
accreditation.
Clause 113 provides that the chief executive may grant the accreditation only if satisfied the
applicant has the necessary expertise or experience to carry out private assessments and
prepare private assessment reports and is a suitable person to hold the accreditation.
Page 49
Exhibited Animals Bill 2015
Clause 114 enables the chief executive, when considering the application for a grant of
accreditation, to make further inquiries to decide the suitability of the applicant. The chief
executive may also require the applicant, by notice, to give further information or a document
reasonably required to decide the application.
Clause 114 provides that the chief executive must give the notice within 30 days after having
received the application and allow at least 30 days for the applicant to respond. If the notice
requires, the information or document must be verified by statutory declaration. If the
applicant fails to provide the required further information or documents within the stated
timeframe, the application is taken to have been withdrawn.
Clause 115 sets out the criteria the chief executive may consider when deciding whether a
person is suitable to hold the accreditation. The matters include, but are not limited to:
whether the applicant has been refused an accreditation under this Act or another similar Act,
whether the applicant has had a previous accreditation suspended or cancelled or whether the
applicant has been previously convicted of a relevant offence, and whether the applicant is an
insolvent under administration.
Clause 116 provides that if the chief executive decides to grant the accreditation, the chief
executive must give the accreditation to the applicant. If the chief executive decides to refuse
to grant the accreditation or grants the accreditation with conditions other than those applied
for, the chief executive must give the applicant an information notice for the decision.
Clause 117 provides that if the chief executive fails to decide the application for the
accreditation within 30 days after receiving it, the chief executive is taken to have refused to
grant the application.
Where the chief executive has required the applicant to furnish further information or a
document, the chief executive is taken to have refused to grant the accreditation if the chief
executive does not decide the application within 30 days after receiving the further
information or document.
If the application is taken to be refused, the applicant is entitled to an information notice by
the chief executive for the decision. This triggers the review provisions under chapter 7, part
5.
Division 2 Accreditation provisions
Clause 118 provides that an accreditation must state the accredited person's name and contact
details, the term of the accreditation and the conditions of the accreditation.
Clause 119 provides that an accreditation remains in force for a period of no longer than three
years stated in the accreditation, unless it is sooner cancelled or suspended.
Clause 120 provides that an accreditation is subject to conditions including that an accredited
person must give the chief executive notice of any direct or indirect financial or other interest
the accredited person has, in the business of a responsible person for an authorised animal
that could conflict with the proper carrying out of a private assessment and preparing a
private assessment report. The clause provides the chief executive may impose other
reasonable conditions the chief executive considers appropriate for the proper carrying out of
Page 50
Exhibited Animals Bill 2015
private assessments and preparation of private assessment reports. The conditions may
include restrictions on the species of authorised animals the accredited person is authorised to
inspect.
Division 3 Obligations of accreditation holders
Clause 121 places an obligation on an accredited person who conducts a private assessment
for the holder of an exhibited animal licence to give to the chief executive details of the facts
and circumstances which give rise to a reasonable belief that a person has contravened or is
contravening the Act and either, the contravention poses an imminent and 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 clause obliges the accredited person to provide the details to the chief executive as soon
as practicable and in any case not more than 24 hours after forming the belief. The clause
provides that if the accredited person gives the details to the chief executive orally, then they
must give the chief executive written notice within 24 hours of giving the details orally. It is
an offence for an accredited person to fail to comply with this requirement with a maximum
penalty of 200 penalty units.
Clause 122 makes non-compliance by an accredited person with the conditions of their
accreditation, without a reasonable excuse, an offence with a maximum penalty of 200
penalty units.
Clause 123 requires an accredited person who prepares a private assessment report to keep a
record of that report for a minimum of three years after it is prepared. It is an offence, with a
maximum penalty of 50 penalty units, for an accredited person to fail to comply with this
requirement.
Division 4 Renewal
Clause 124 provides that an accredited person may apply to the chief executive for renewal
of their accreditation. The application for renewal of an accreditation must be made in the
approved form within 60 days of their current accreditation expiring and be accompanied by
the fee that is prescribed under a regulation.
Clause 125 requires the chief executive to consider the application and either renew or refuse
to renew the accreditation. Sections 113, 114, 115 and 117 ('relevant provisions') apply to
the renewal application. The chief executive must give the applicant an information notice if
the chief executive decides to refuse to renew the accreditation. The accreditation may be
renewed by giving another accreditation to replace it.
Clause 126 provides that if a person has applied to renew their accreditation then it continues
until a decision has been made, or is taken to have been decided or withdrawn, unless the
accreditation is earlier suspended or cancelled. A refusal to renew an accreditation does not
affect the accreditation until an information notice for the refusal for renewal is given to the
applicant.
Page 51
Exhibited Animals Bill 2015
Division 5 Amendment by application
Clause 127 provides that a holder of an accreditation may apply for an amendment of the
accreditation. The application must be in the approved form and be accompanied by the
prescribed fee. However, the holder of the accreditation cannot apply to extend the term of
the accreditation to more than three years.
Clause 128 requires the chief executive to consider the application and either decide to
amend, amend on conditions relevant to the amendment, or refuse to amend the accreditation.
Sections 114, 115 and 117 ('relevant provisions') apply to the amendment application. The
chief executive must also be satisfied the applicant has the necessary expertise or experience
to carry out private assessments and prepare private assessment reports under the
accreditation as amended.
An information notice must be given to the applicant if the chief executive decides to amend
the accreditation on conditions other than those applied for or refuses to amend the
accreditation. The chief executive may amend an accreditation by giving the accredited
person a notice of the amendment or giving another accreditation to replace it.
Division 6 Other matters
Clause 129 requires the chief executive to keep a register of accredited persons. The register
must contain each accredited person's name and contact details, the conditions imposed on
the accreditation and the term of the accreditation. The register may be kept in the form,
including in electronic form, that the chief executive considers appropriate. The chief
executive must publish the register on the department's website.
Clause 130 provides that an accreditation cannot be transferred.
Chapter 5 Cancellation, suspension and amendment
of authorisations
Chapter 5 provides for cancellation, suspension and amendment of an exhibited animal
licence, interstate exhibitors permit or accreditation.
Part 1 Relevant authorisations
Clause 131 provides that in part one a relevant authorisation can mean an exhibition licence
(whether or not a special exhibition approval for an authorised animal (category C) under the
licence is in force), an interstate exhibitors permit or an accreditation.
Clause 132 sets out the grounds on which the chief executive may cancel or suspend a
relevant authorisation. The grounds are:
• the holder of the authorisation is not, or is no longer a suitable person to hold the
authorisation;
• the authorisation was obtained by materially incorrect or misleading information or
documents or by a mistake;
Page 52
Exhibited Animals Bill 2015
• the holder of the authorisation has not paid a fee or other amount payable to the chief
executive in relation to the authorisation;
• the holder of the authorisation has contravened a condition of the authorisation;
• for an exhibition licence or interstate exhibitors permit, if the holder has contravened an
exhibited animal direction or had a similar authority in another jurisdiction was cancelled
within two years preceding the date a show cause notice for cancelling or suspending the
authorisation was given;
• for an accreditation, if the accredited person does not have the necessary expertise or
experience to carry out private assessments or private assessment reports or if a private
assessment conducted or private assessment report prepared by the accredited person has
not been conducted or prepared honestly, fairly or diligently.
Clause 133 empowers the chief executive to amend a relevant authorisation if grounds exist
to amend the authorisation. The grounds are:
• a matter pertaining to the suitability of the holder that is not grounds for cancellation or
suspension;
• a matter (other than pertaining to the suitability of the holder) that is grounds for
cancellation or suspension;
• for an exhibition licence or interstate exhibitors permit - if the chief executive considers
the approved management plan for the licence or permit needs to be changed because it
does not make, or no longer makes, adequate provision for identifying, preventing or
minimising a significant relevant risk or relevant adverse effect associated with dealing
with an authorised animal, or managing the reproduction of an authorised animal that is
not native wildlife.
Clause 134 requires the chief executive to give a show cause notice to a holder of a relevant
authorisation if the chief executive believes a ground exists to cancel, suspend or amend the
relevant authorisation. The show cause notice must state the proposed action and the grounds
for it as well as the facts and circumstances that the grounds were based on. If the proposed
action will suspend or amend the relevant authorisation, then the show cause notice must also
include the proposed suspension period or the proposed amendment. The show cause notice
must invite the holder to make written representation within a stated period (the 'show cause
period') to show why the proposed action should not be taken. The show cause period must
end at least 28 days after the authority holder is given the show cause notice.
Clause 135 provides that the holder of a relevant authorisation may make written
representations about the show cause notice to the chief executive and the chief executive
must consider all the representations.
Clause 136 provides that if, after considering the representations made by the holder of a
relevant authorisation during the show cause period, the chief executive believes that the
proposed action should no longer be taken, the chief executive must give a notice to the
holder advising of the decision to take no further action about the show cause notice.
Clause 137 provides that the chief executive may suspend, cancel or amend a relevant
authorisation if, after considering representations made by the holder of a relevant
authorisation during the show cause period, the chief executive still believes there is a ground
to proceed with the cancelation, suspension or amendment and it is warranted. The chief
executive may also suspend, cancel or amend a relevant authorisation if there were no
representations made by the holder of the authorisation during the show cause period.
Page 53
Exhibited Animals Bill 2015
The chief executive may amend a relevant authorisation by imposing a condition on the
authorisation, or amend an exhibition licence or interstate exhibitors permit in a way that has
the effect of prohibiting or restricting the exhibition of, or dealing with, an authorised animal.
Where an amendment to an exhibition licence or interstate exhibitors permit prohibits or
restricts dealings with an authorised animal, the chief executive may impose a time-limited
condition on the licence or permit to allow the animal to be dealt with for the purpose of
allowing the removal of the prohibition or restriction by further amendment, or to allow the
proper disposal of the animal. The intent is to provide for lawful dealings with the animal
while the amendment decision is reviewed or to allow for the lawful disposal of the animal.
If the chief executive decides to cancel, suspend or amend the relevant authorisation, the
chief executive must give an information notice for the decision to the holder of the relevant
authorisation. A decision to cancel, suspend or amend a relevant authorisation comes into
effect either on the day the information notice is given to the holder, or the day stated in the
notice for that purpose, whichever is later.
Clause 138 provides the chief executive with the power to immediately suspend or cancel an
exhibition licence or interstate exhibitors permit if the chief executive believes a ground
exists to cancel or suspend the licence or permit and it is necessary to suspend the licence or
permit immediately because there would be an immediate and significant relevant risk
associated with exhibiting or dealing with an exhibited animal if the holder of the licence or
permit were to continue to exhibit or deal with it.
Clause 138 also provides that the chief executive may only suspend a licence or permit if the
chief executive gives the exhibition licence or interstate exhibitors permit holder an
information notice for the decision along with a show cause notice. The suspension operates
immediately the notice is given and continues until the chief executive cancels the remaining
period of the suspension, the show cause notice is finally dealt with, or 56 days has passed
since the notice was given to the holder, whichever is the earliest.
Where the holder of an exhibition licence or interstate exhibitors permit has returned the
licence or permit to the chief executive under section 141 and the suspension has stopped
because the chief executive cancels the remaining period of the suspension or the show cause
notice is finally dealt by a decision not to cancel or suspend the relevant authorisation or 56
days have passed since the notice was given to the holder, the chief executive must return the
licence or permit to the holder.
Clause 139 exempts the chief executive from the requirements of the chapter for particular
types of amendments of a relevant authorisation. The provision only applies to clerical
amendments, amendments that will not adversely affect the interests of the holder and
amendments proposed by the holder and accepted by the chief executive without requiring a
formal application to be made. In these cases, the chief executive may make the amendment
to the authority by way of a notice to the holder.
Clause 140 exempts the chief executive from the requirements of the chapter where the
holder of the relevant authorisation asks the chief executive to cancel it and the chief
executive proposes to give effect to the request. The chief executive may cancel the relevant
authorisation by way of notice to the holder.
Page 54
Exhibited Animals Bill 2015
Clause 141 makes it an offence, with a maximum penalty of 40 penalty units, for a holder not
to return a relevant authorisation that has been cancelled, suspended or amended to the chief
executive within 14 days, or a later stated time, after receiving a notice from the chief
executive requiring the return of the authorisation. The chief executive must return the
authorisation to the holder at the end of a suspension period or following an amendment to
the authorisation.
Clause 141 further clarifies that an amendment to a relevant authorisation is not dependent on
the authorisation being returned to the chief executive or by the chief executive to the holder
of the authorisation.
Part 2 Temporary authorities
Clause 142 provides that a 'relevant original decision' in part 2 refers to either a refusal, or
deemed refusal, to renew or restore a previous authority, or the cancellation or suspension of
a previous authority.
Clause 143 provides that a temporary authority is cancelled where a relevant original
decision is made for a previous authority for the temporary authority, and on review of, or
appeal against, the decision, the previous authority is renewed or restored or the cancellation
or suspension of the previous authority is set aside or otherwise revoked.
Clause 144 provides that where the Queensland Civil and Administrative Tribunal or a court
stays a relevant original decision, then a temporary authority issued on the basis of the
relevant original decision is suspended for the period of the stay.
Clause 145 provides that the chief executive may, by notice to the holder, cancel or amend a
temporary authority. The clause makes it an offence, with a maximum penalty of 40 penalty
units, if the holder of a temporary authority does not return the authority within 14 days or a
later stated time after receiving notice from the chief executive requiring the return of the
authority because it has been cancelled or amended.
Chapter 6 Investigations and enforcement
Chapter 6 provides for investigation and enforcement of the Act.
Part 1 General provisions about inspectors
Division 1 Appointment
Clause 146 provides that the chapter includes provisions for the appointment of inspectors,
and gives particular powers to those inspectors.
Clause 147 identifies the functions of inspectors. These include investigation and
enforcement.
Clause 148 empowers the chief executive to appoint inspectors by written instrument. The
classes of persons that are to be eligible for appointment as inspectors are: inspectors under
the Animal Care and Protection Act 2001, authorised officers under the Biosecurity Act 2014,
Page 55
Exhibited Animals Bill 2015
public service employees and other persons prescribed under a regulation. Inspectors may
only be appointed if the chief executive is satisfied the person is appropriately qualified for
the appointment.
Clause 149 provides for the conditions of appointment of inspectors and allows for the
imposition of limitations on their powers. The conditions, and any limitation on the
inspector's powers, must be stated in the inspector's instrument of appointment or a notice
given to the inspector and signed by the chief executive, or in a regulation.
Clause 150 provides that, although not limited to the following, an inspector ceases to hold
office if:
• the term of office stated in a condition of office ends;
• under another condition of office, the office ends; or
• the inspector resigns.
Clause 151 provides that an inspector may resign by giving a signed notice to the chief
executive. However, if holding office as an inspector is a condition of the inspector holding
another office, the inspector may not resign as an inspector without resigning from the other
office as well.
Division 2 Identity cards
Clause 152 provides that the chief executive must issue each inspector with an identity card.
The card must include a recent photograph of the inspector, their signature, an expiry date
and identify that they are an inspector appointed under the Act.
Clause 153 requires inspectors to produce their identity card or have it clearly visible when
exercising a power in the presence of a person. However, if this is not practicable, the
inspector must produce their identity card to a person for their inspection at the first
reasonable opportunity.
Clause 153 further clarifies that an inspector does not exercise a power in relation to a person
only because the inspector has entered a public place or place of business mentioned in an
exhibited animal authority in the circumstances described in section 159 (1)(a) or (b)
respectively.
Clause 154 makes it an offence, with a maximum penalty of 20 penalty units, for a person not
to return their identity card to the chief executive within 21 days after their office as an
inspector ends, unless the person has a reasonable excuse.
Division 3 Miscellaneous provisions
Clause 155 provides that wherever there is a reference under this chapter to the exercise of a
power by an inspector and there is no reference to a specific power, the reference is to the
exercise of all or any of the inspector's powers under this chapter or a warrant to the extent
that the powers are relevant.
Clause 156 provides that a reference in this chapter to a document includes a reference to an
image or writing produced from an electronic document, or capable of being produced from
an electronic document with or without the aid of another article or device.
Page 56
Exhibited Animals Bill 2015
Part 2 Entry to places by inspector
Division 1 Powers to enter
Subdivision 1 Powers to enter by consent or under warrant
Clause 157 provides that an inspector to enter a place by consent. An inspector may enter a
place subject to any conditions of consent where--
• the entry is made to carry out an official assessment (application) at the place; or
• the entry is made under section 69(1)(g); or
• an occupier at the place otherwise consents provided they comply with section 165
(Matters inspector must tell occupier).
The power to enter with consent is subject to any conditions of the consent and ceases if the
consent is withdrawn.
Clause 158 provides that an inspector may enter a place where entry is authorised by a
warrant if provided they comply with section 172 (Entry procedure) if there is an occupier at
the place. If entry is authorised under a warrant, the entry is subject to the terms of the
warrant.
Subdivision 2 Other powers of entry
Clause 159 provides that an inspector may enter a place without consent or a warrant if:
• the place is a public place and the entry is made when the place is open to the public;
• it is a place of business mentioned in an exhibited animal authority and is--
o open for carrying on the business; or
o otherwise open for entry; or
o required to be open for inspection under a condition of the authority;
• the entry is made to carry out an official assessment (follow-up) at the place at a
reasonable time and on reasonable written or oral notice of at least 48 hours; or
• the entry is authorised under section 160 (to check compliance with an exhibited animal
direction), section 161 (to take action required to be taken under an exhibited animal
direction) or section 162 (to avoid an imminent and significant relevant risk or significant
relevant adverse effect).
Clause 159 further clarifies that an inspector cannot enter a part of the place where a person
resides in these circumstances without the person's consent or a warrant.
Clause 160 empowers an inspector to enter a place, at reasonable times, to check whether an
exhibited animal direction has been complied with.
Clause 161 empowers an inspector to enter a place, at a reasonable time, to take action that
was required under an exhibited animal direction that has not been complied with.
Clause 162 empowers an inspector to enter a place if the inspector is satisfied on reasonable
grounds that an exhibited animal is being exhibited or dealt with at the place and it is
necessary to exercise powers under the chapter to avoid an imminent and significant relevant
Page 57
Exhibited Animals Bill 2015
risk or a significant relevant adverse effect associated with exhibiting or dealing with the
exhibited animal.
Division 2 Entry by consent
Clause 163 provides that division 2 applies where an inspector intends to seek consent for
entry to a place.
Clause 164 provides that an inspector may, without consent or a warrant, enter land around
the premises to contact the occupier to the extent it is reasonable, or enter part of the place the
inspector reasonably considers members of the public ordinarily are allowed to enter, when
they wish to contact an occupier of the place.
Clause 165 provides that an inspector must give a reasonable explanation to the occupier
about the purpose of the entry, including the powers intended to be exercised. The occupier is
to be advised that they are not required to consent and that the consent may be subject to
conditions and may be withdrawn at any time.
Clause 166 provides that an inspector, who has received consent from an occupier to enter
their premises, may ask the occupier to sign an acknowledgement of their consent. The
acknowledgement must state the purpose of entry including the powers intended to be
exercised. It must also state that the inspector has explained these matters to the occupier, that
they are not required to consent and that the consent may be subject to conditions and may be
withdrawn at any time. In addition the acknowledgement is required to detail the time and
date the consent was given and any conditions of consent. The inspector must give the
occupier a copy of the signed acknowledgement immediately.
Clause 166 further clarifies that in any proceeding in which it is questioned whether consent
was given, the onus is on the inspector to prove the occupier consented to entry if a signed
acknowledgement from the occupier is not produced in evidence.
Division 3 Entry under warrant
Subdivision 1 Obtaining warrant
Clause 167 enables an inspector to make a sworn written application to a magistrate for a
warrant to enter a place. The application must state the grounds on which the warrant is
sought. A magistrate may refuse to consider the application until the inspector gives the
magistrate all the information the magistrate requires about the application in the way the
magistrate requires, for example, by statutory declaration.
Clause 168 provides that a magistrate may issue a warrant for a place if the magistrate is
satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the
place within the next seven days, a particular thing or activity that may provide evidence of
an offence against the Act. The clause also provides the matters a warrant must include.
Clause 169 provides an application for a warrant may be made by electronic means in urgent
or other special circumstances such as an inspector's remote location. The clause provides
that the written application under section 167(2) must be prepared, but need not be sworn,
before the inspector applies for the warrant electronically.
Page 58
Exhibited Animals Bill 2015
Clause 170 provides for additional procedures for an application made by electronic
communication. A magistrate may only issue a warrant only if satisfied it was necessary to
make the application under section 169 and the way the application was made under section
169 was appropriate. The magistrate after issuing the warrant must attempt to give the
warrant immediately to the inspector or if this is not practical, then convey the information
contained on the warrant to the inspector. The inspector must at the first reasonable
opportunity, send the written application to the magistrate and if applicable a completed form
of warrant.
In any proceeding in which it is questioned whether an exercise of power was authorised, the
onus is on the person operating under the warrant to prove the warrant authorised the exercise
of the power if the original warrant is not produced in evidence.
Clause 171 provides that a defect in a warrant (or duplicate warrant) or in compliance with
subdivision 1 does not invalidate the warrant unless the defect affects the substance of the
warrant in a material particular.
Subdivision 2 Entry procedure
Clause 172 sets out the procedure for an inspector entering a place under a warrant. The
inspector must, before entering the place, make a reasonable attempt to identify themselves to
the occupier of the place. The inspector must present their identity card or another document
evidencing their appointment, give the occupier a copy of the warrant and tell the occupier
that they are authorised by the warrant to enter the place. The inspector must give the
occupier an appropriate opportunity to allow immediate entry to the place without using
force.
However, an inspector may enter a place without attempting to identify themselves and
giving the occupier an opportunity to allow entry, if the inspector believes on reasonable
grounds that attempts to identify themselves and give the person opportunity to allow entry
without force would compromise the execution of the warrant.
Division 4 Entry, other than by consent or under warrant, for
particular purposes
Clause 173 provides that division 4 applies to entry under sections 159(1)(c), 160, 161 and
162.
Clause 174 places an obligation on an inspector to make a reasonable attempt to locate and
inform the occupier of a place of the reason for the entry and that the inspector is authorised
under the Act to enter the place without the permission of the occupier. The inspector may,
without consent or a warrant, enter land around the premises to contact the occupier to the
extent it is reasonable and enter part of the place the inspector reasonably considers members
of the public ordinarily are allowed to enter when they wish to contact an occupier of the
place.
Where an inspector is unable to locate an occupier after a reasonable attempt to do so, they
may enter the place.
Page 59
Exhibited Animals Bill 2015
For entry to the place under section 162, the inspector may enter the place without attempting
to locate the owner of the place if the inspector reasonably believes that immediate entry to
the place is required to avoid an imminent significant relevant risk or significant relevant
adverse effect.
Clause 175 provides that where an inspector enters the place under section 174 and later finds
the occupier, the inspector must inform the occupier of a place of the reason for the entry and
that the inspector is authorised under the Act to enter the place without the permission of the
occupier. However, if the inspector does not find an occupier, they must leave a notice in a
conspicuous position and in a reasonable secure way stating the date, time and purpose of
entry.
Clause 175 further requires that if an inspector enters a place under section 162, they must
give the chief executive notice as soon as practicable after exercising or attempting to
exercise their powers.
Part 3 Other inspectors' powers and related matters
Division 1 Stopping or moving vehicles
Clause 176 provides that division 1 applies if an inspector reasonably suspects or is aware
that an exhibited animal or other thing in or on a vehicle may provide evidence of the
commission of an offence against the Act or pose a relevant risk.
Clause 177 empowers an inspector to signal or otherwise direct a person in control of a
moving vehicle to stop the vehicle and bring the vehicle to, and keep it at, a convenient place
to allow the inspector to exercise powers.
An inspector may direct the person in control of a stopped vehicle not to move it until the
inspector has exercised their powers, or move the vehicle to a stated reasonable place to allow
them to exercise their powers. When giving a direction of this nature, an inspector must warn
the person in control of the vehicle that non-compliance without a reasonable excuse is an
offence.
Clause 178 outlines the procedural requirements for an inspector intending to stop a moving
vehicle under section 177. The inspector must clearly identify themselves as an inspector
exercising their powers. When the vehicle stops, the inspector must immediately produce
their identity card for inspection by the person in control of the vehicle. Subclause 178(3)
provides this requirement applies despite section 153 (the more general requirement to
produce or display an identity card).
Clause 179 provides that it is an offence, with a maximum penalty of 50 penalty units, for a
person in control of a vehicle not to comply with a direction given under section 177, unless
that person has a reasonable excuse. Reasonable excuses for non-compliance with the
direction would include if the vehicle was moving and the inspector did not comply with
section 178, or if immediate compliance would have endangered someone else, or caused loss
or damage to property, and the person complies as soon as is practicable to do so. There may
be other reasonable excuses. Also a person does not commit the offence if the person is not
given an offence warning for the direction.
Page 60
Exhibited Animals Bill 2015
Division 2 General powers after entry
Clause 180 provides that the powers under division 2 may be exercised if an inspector enters
a place under section 157(1) or 158(1) or part 2, division 1, subdivision 2, other than section
159(1)(a).
If an inspector enters under section 157(1) or 158(1), the powers under the division are
subject to any conditions of the consent or terms of the warrant on which the entry is based.
Clause 181 details the general powers an inspector may exercise after entering a place which
includes to search any part of the place; open using reasonable force an enclosure or other
thing to examine the enclosure or other thing or an animal in the enclosure or thing; take
reasonable measures to relieve the pain of an animal at the place; inspect, examine or film
any part of the place or an animal or other thing at the place; take for examination a thing or a
sample of or from an animal or thing; place an identifying mark on an animal or other thing at
the place; take an extract from or copy a document at the place or take the document to
another place to copy; produce an image or writing at the place from an electronic document
or to the extent it is not practicable take a thing containing an electronic document to another
place to produce an image or writing; take to, into or onto the place and use any person
equipment and material the inspector reasonably requires for exercising the inspectors powers
under this division, and remain at the place for the time necessary to achieve the purpose of
the entry.
The inspector may take the necessary steps to allow the exercise of a general power. If the
inspector takes a document from the place to copy it, the inspector must copy the document
and return it to the place as soon as practicable.
If the inspector takes from the place an article or device reasonably capable of producing a
document from an electronic document to produce the document, the inspector must produce
the document and return the article or device to the place as soon as practicable.
Clause 182 empowers an inspector to require (a 'help requirement') an occupier of the place,
or a person at the place, to provide the inspector with reasonable help to enable the exercise
of a general power including, for example, to produce a document or to give information, or
to examine an animal.
When making a help requirement, the inspector must warn the person that non-compliance
without a reasonable excuse is an offence.
Clause 183 makes it an offence, with a maximum penalty of 50 penalty units, to contravene a
help requirement, unless the person has a reasonable excuse. It is generally a reasonable
excuse that providing the help might tend to incriminate the person or expose them to a
penalty. However, it is not a reasonable excuse if the document or information required is
required to be held or kept under the Act, or another Act or law of the Commonwealth or
another State and it relates to exhibiting or dealing with exhibited animals.
Division 3 Exhibited animal directions
Clause 184 empowers an inspector to give an exhibited animal direction if the inspector
reasonably believes that a responsible person for an exhibited animal has failed, or may fail,
Page 61
Exhibited Animals Bill 2015
to discharge their general exhibition and dealing obligation for exhibiting or dealing with the
animal at a place. The direction must be directed at ensuring the person discharges the
obligation.
Clause 185 provides that an exhibited animal direction must include:
• the name and address of the recipient, or any other identifying information about the
recipient the inspector can reasonably obtain;
• if the inspector reasonably believes the recipient has failed to discharge the recipient's
general exhibition and dealing obligation, the way in which the recipient has failed to
discharge the obligation;
• the place where the recipient failed or may fail to discharge the obligation;
• the action the recipient must take at the place to prevent or minimise the relevant risks or
relevant adverse effects arising from the recipients failure, or possible failure to discharge
the obligation;
• the period within which the action must be taken;
• the action if any the recipient must take to show the recipient is complying with the
direction and the period within which the action must be taken;
• the name of the inspector giving the direction; and
• a warning that non-compliance with the direction, without reasonable excuse is an
offence.
The direction must also include an information notice about the decision to give the direction.
The period within which the action must be taken must be reasonable having regard to the
relevant risks or relevant adverse effects arising from the recipient's failure, or possible
failure, to discharge the obligation.
The direction must also explain the effect of sections 104 (Official assessment (follow-up))
160 (Entry to check compliance with exhibited animal direction) and 161 (Entry to take
action required under exhibited animal direction) as they relate to an inspector's power to
enter the place to check compliance with the direction and to take the action required under
the direction if the responsible person fails to comply with the direction.
Clause 186 provides that an exhibited animal direction may state the times or interval when
the inspector proposes to enter the place, or a vehicle of which the recipient is the person in
control, to check compliance with the direction.
Clause 187 requires that an exhibited animal direction must be in the approved form. If an
exhibited animal direction is given orally because it is not practicable to immediately give it
in writing, the inspector must warn the recipient that non-compliance with the direction,
without reasonable excuse, is an offence and give the direction in the approved form as soon
as practicable.
Clause 188 makes it an offence, with a maximum penalty of 200 penalty units, for a person to
fail to comply with an exhibited animal direction, unless the person has a reasonable excuse.
Page 62
Exhibited Animals Bill 2015
Division 4 Seizure
Subdivision 1 Powers to seize
Clause 189 empowers an inspector who has entered a place to seize an animal at the place
with the written consent of a responsible person for the animal or a person the inspector
reasonably believes is a responsible person for the animal. An inspector may also seize
another thing at the place with the written consent of the owner or person in possession of the
thing or a person the inspector reasonable believes is the owner or person in possession of the
thing.
Clause 190 authorises an inspector who has entered a place with an occupier's consent to
seize an exhibited animal or other thing at the place. However, the inspector may only seize
an exhibited animal or other thing if the inspector reasonably believes it is evidence of an
offence against the Act and its seizure is consistent with the purpose of entry as explained to
the occupier when seeking the occupier's consent to enter.
Clause 191 provides that if an inspector is authorised and enters a place under a warrant, the
inspector may seize the evidence for which the warrant was issued.
Clause 192 provides other seizure powers where an inspector is authorised to enter a place
under the Act, whether by consent, under a warrant or otherwise, and the inspector enters the
place. The inspector may seize an exhibited animal or other thing at the place if:
• the inspector reasonably believes it is evidence of an offence against the Act and the
seizure is necessary to prevent it being hidden, lost or destroyed;
• the inspector reasonably believes it has just been used in, or is relevant to the commission
of an offence against the Act;
• for an exhibited animal, a responsible person has contravened or is contravening an
exhibited animal direction or a court order about the animal; or
• for an animal, if the inspector reasonably believes the animal is under an imminent risk of
death or injury or requires veterinary treatment or is experiencing undue pain, and the
interests of the welfare of the animal require its immediate seizure.
Clause 193 empowers an inspector to seize a thing and exercise powers in relation to the
thing despite a lien or security over the thing. However the seizure does not affect the other
person's lien or security against a person other than the inspector or a person acting for the
inspector.
Subdivision 2 Powers to support seizure
Clause 194 empowers an inspector to require a person in control of an exhibited animal or
other thing to be seized, to take it to a stated reasonable place by a stated reasonable time and,
if necessary, to remain in control of it at the stated place for a reasonable time. The
requirement must be made by notice. If it is not practicable to give the notice, the inspector
may give the requirement verbally but confirm it by written notice as soon as practicable.
Clause 195 empowers an inspector to secure a seized animal or other thing at the place it was
seized, and take reasonable action to restrict access to it or move it from the place of seizure.
Page 63
Exhibited Animals Bill 2015
For example an inspector may confine an animal or other thing to a specific place and seal
and mark the entrance to show access to the place is restricted.
Clause 196 makes it an offence, with a maximum penalty of 100 penalty units, for a person to
contravene a requirement made of the person under section 194 or section 195(2)(d) unless
the person has a reasonable excuse.
Clause 197 provides additional powers for an inspector who has seized an animal. An
inspector may take a seized animal to a place the inspector considers appropriate, provide it
food, water, accommodation or other living conditions, and if the inspector reasonably
believes that in the interests of its welfare the animal requires veterinary treatment, arrange
for veterinary treatment. Where an exhibited animal direction has been given and has not
been complied with, an inspector may take the action required to ensure the direction is
complied with.
While an animal seized under division 4 is at the place it was seized, an inspector may enter
the place to give the animal food, water or veterinary treatment, provided the inspector
reasonably believes that the animal requires it, or to take the animal to another place the
inspector considers appropriate.
Clause 198 creates an offence, with a maximum penalty of 100 penalty units, relevant to
animals or things secured at the place where they were seized if access to them has been
restricted under section 195. A person must not tamper with the animal or other thing or with
anything used to restrict access to the animal or other thing without an inspector's approval or
a reasonable excuse.
If access to a place is restricted under section 195, it is also an offence, with a maximum
penalty of 100 penalty units, for a person to enter the place in contravention of the restriction
or tamper with anything used to restrict access to the place without an inspector's approval or
a reasonable excuse.
Subdivision 3 Safeguards for seized property
Clause 199 obliges an inspector, as soon as practicable after seizing an exhibited animal
under division 4 or a warrant, to give the owner, responsible person for an exhibited animal,
or another person from whom property was seized, a receipt for the animal or thing that
generally describes it and its condition, and an information notice about the decision to seize
it. However, this obligation does not apply if:
• the seizure was with the written consent of a person under section 189;
• the inspector reasonably believes there is no-one apparently in possession of the animal or
thing or the animal or thing had been abandoned before it was seized; or
• for a seized thing other than an animal, it would be impracticable or unreasonable to
expect the inspector to account for the thing given its condition, nature and value.
If a responsible person for an exhibited animal or the owner or person in possession of the
thing at the time of the seizure is not present when it is seized, the receipt and information
notice may be given by leaving them in a conspicuous position and in a reasonably secure
way at the place at which the property is seized.
Page 64
Exhibited Animals Bill 2015
The inspector may delay giving the receipt and information notice if the officer reasonably
suspects giving them may frustrate or otherwise hinder an investigation by the inspector
under the Act. However, the delay may only be for so long as the inspector continues to have
the reasonable suspicion and remains in the vicinity of the place to keep it under observation.
Clause 200 obligates an inspector to allow a responsible person for an exhibited animal or an
owner of a thing, which has been seized under division 4 or a warrant, to inspect the animal
or thing at any reasonable time and from time to time and, if it is a document, to copy it. This
obligation remains until the exhibited animal or other thing is forfeited under division 6 or
returned under sections 201 or 202.
Clause 200 further clarifies that the requirement does not apply if it is impracticable or would
be unreasonable to allow the inspection or copying.
Clause 201 obligates an inspector to return an animal seized under division 4 or a warrant to
the appropriate person within 28 days after seizure. However, an inspector is not obligated to
return the animal within the 28 days if:
• the owner of the animal agrees in writing to transfer ownership of it to the State;
• the animal is forfeited to the State under division 6;
• an application has been made for a disposal order or prohibition order for the animal;
• continued retention of the animal is needed as evidence for a proceeding or proposed
proceeding for an offence involving the animal;
• for an exhibited animal, an exhibited animal direction given in relation to the animal has
not been complied with and the inspector is taking or proposes to take action to ensure the
direction is complied with; or
• the inspector reasonably believes the animal's condition may require its destruction under
section 203.
If the animal was retained due to an application for a disposal order or prohibition order, the
inspector must return the animal to the appropriate person if the application is withdrawn or
has finally been decided or otherwise ended and a disposal order or prohibition order has not
been made.
If the animal was retained as evidence for a proceeding or proposed proceeding and it is no
longer required as evidence, the inspector must promptly return the animal to the appropriate
person.
If the animal was retained due to an exhibited animal direction given in relation to the animal,
the inspector must promptly return the animal to the appropriate person if the direction has
been complied with, or if the inspector ceases to take, or no longer proposes to take, action
ensuring the direction is complied with.
If the inspector no longer believes the animal's condition requires its destruction under
section 203, the inspector must promptly return the animal to the appropriate person.
Nothing in the clause affects a security interest in the seized animal.
Clause 202 obligates an inspector to return things other than animals, which were seized
under division 4 or a warrant, to their owner. This obligation applies if the thing has some
intrinsic value and the owner of the thing has not agreed in writing to transfer ownership of it
Page 65
Exhibited Animals Bill 2015
to the State and the thing has not been forfeited under division 6 and a disposal order has not
been made in relation to the thing.
An inspector must return the thing to its owner at the end of six months after the seizure, or if
a proceeding for an offence involving the thing is started within the six months, at the end of
the proceeding and any appeal from the proceeding.
If an application has been made for a disposal order in relation to the thing, the inspector
must promptly return the thing to its owner if the application is withdrawn or has finally been
decided or otherwise ended and a disposal order has not been made in relation to the thing.
If the thing was seized as evidence, the inspector must return the seized thing to the owner as
soon as practicable after the inspector is satisfied that its continued retention as evidence is no
longer required and it is not necessary to prevent the thing being used to continue or repeat
the offence and it is lawful for the person to possess the thing.
Nothing in the clause affects a security interest in the seized thing.
Division 5 Urgent destruction of animals
Clause 203 empowers inspectors to destroy an animal or cause it to be destroyed if the animal
has been seized under division 4 or with written consent to its destruction, if the inspector
reasonably believes that the animal is in pain to such an extent that it would be cruel to keep
it alive.
Division 6 Forfeiture
Clause 204 empowers the chief executive to decide to forfeit an animal or other thing to the
State and outlines the circumstances in which the chief executive may exercise the power.
Clause 205 provides that if the chief executive decides to forfeit an exhibited animal or other
thing, other than a seized thing under section 199(1)(c), the chief executive must promptly
give its owner an information notice.
The requirement to supply an information notice does not apply where the decision was made
under section 204(2)(a)(i) or (ii)(where the inspector could not find a responsible person for
an animal or owner of another thing or could not return it to them) and the animal or other
thing was seized in a public place or other place where the notice is unlikely to be read by the
person who owned the property before forfeiture.
Where a decision was made under section 204(2)(a)(i) or (ii), the information notice may be
provided by leaving it at the place where an animal or other thing was seized, in a
conspicuous position and in a reasonably secure way.
Clause 206 provides that an animal or other thing becomes the property of the State if it is
forfeited to the State under section 204(2). The animal or other thing also becomes the
property of the State if the owner transfers the ownership of the property to the State by way
of a written agreement.
Page 66
Exhibited Animals Bill 2015
Clause 207 provides that the chief executive may deal with an animal or other thing that has
become property of the State under section 206, as the chief executive considers appropriate.
However, the chief executive must not deal with an animal or other thing in a way that could
prejudice the outcome of an appeal against the forfeiture under the Act. An inspector's
powers to destroy an animal are not limited by the requirement not to prejudice the outcome
of an appeal.
If the State sells an exhibited animal or other thing, it may return the proceeds of the sale to
the former owner of the animal or thing. The State may deduct the costs of the sale and
outstanding costs under section 237. Clause 207 is subject to a decision, direction or order
made under chapter 7, part 3 or 4 about the exhibited animal or other thing.
Clause 208 empowers an inspector to destroy an exhibited animal or other thing seized under
division 4 and forfeited to the State if the inspector reasonably believes it poses an immediate
biosecurity risk.
Division 7 Other information-obtaining powers of inspectors
Clause 209 provides that an inspector may require a person to state their name and address
and provide proof of this, if reasonable. The power may be exercised if an inspector finds a
person committing an offence or reasonably suspects the person has just committed an
offence against the Act or has information that leads the inspector to reasonably suspect a
person has just committed an offence against the Act. The power may also be exercised if an
inspector reasonably believes a person is a responsible person for an exhibited animal and
proposes to give the person an exhibited animal direction.
A requirement under this clause is a 'personal details requirement'. When making a personal
details requirement, the inspector must warn the person that non-compliance without a
reasonable excuse is an offence.
Clause 210 makes it an offence, with a maximum penalty of 50 penalty units, for a person to
fail to comply with a personal details requirement unless the person has a reasonable excuse.
However, if the personal details requirement was made for an exhibited animal direction, a
person may not be convicted of an offence under this clause unless the person is found guilty
of not complying with the direction. Also if the personal details requirement was made in
relation to an offence, a person may not be convicted of an offence under this clause unless
the person is found guilty of the offence.
Clause 211 empowers an inspector to require a person to produce a document about a matter
issued to the person under the Act, or a document required to be kept by the person under the
Act or under another Act or a law of the Commonwealth or another State, if the document
relates to dealing with exhibited animals. Where a document is stored or recorded by means
of a device, the person may produce a clear written reproduction of the stored or recorded
document or information.
The inspector may keep the document to copy it or an entry in the document, and have the
person certify it as a true copy. The inspector must return the original document as soon as
practicable. If a person fails to comply with the certification request the inspector may keep
the document until the person complies.
Page 67
Exhibited Animals Bill 2015
Clause 212 makes it an offence, with a maximum penalty of 50 penalty units, for a person to
fail to comply with a requirement to produce a document under section 211 unless the person
has a reasonable excuse. That complying with the requirement might tend to incriminate the
person or expose the person to a penalty is not a reasonable excuse.
The inspector must inform the person that the person must comply with the document
production requirement and that there is a limited immunity against the future use of the
information or document given in compliance with the requirement.
It is a defence for failing to comply with the requirement if the inspector has not informed the
person of their obligations to comply.
The clause provides that where a court convicts a person of an offence against this clause, the
court may also order the person to comply with the document production requirement.
Clause 213 provides that it is an offence, with a maximum penalty of 50 penalty units, for a
person to fail to comply with a document certification requirement made under section 211
unless the person has a reasonable excuse. That the requirement might tend to incriminate the
person or expose the person to a penalty is not a reasonable excuse.
The inspector must inform the person that they must comply with the document certification
requirement and that there is a limited immunity against the future use of the information or
document given in compliance with the requirement.
It is a defence for failing to comply with the requirement if the inspector has not informed the
person of their obligations to comply.
Clause 214 empowers an inspector to require a person to provide information (an
'information requirement') where the inspector reasonably believes an offence against the
Act has been committed and the person may be able to give information about the offence.
The inspector may, by notice, require the information be provided at a stated reasonable time
and place. For information that is contained in an electronic medium, a clear image or written
version of the electronic document must be provided.
Clause 215 makes it an offence, with a maximum penalty of 50 penalty units, for a person to
fail to comply with an information requirement unless the person has a reasonable excuse. It
is a reasonable excuse for an individual not to give the information if doing so might tend to
incriminate the individual or expose the individual to a penalty.
Part 4 Miscellaneous provisions relating to inspectors
Division 1 Damage
Clause 216 provides that in exercising a power, an inspector must take all reasonable steps to
cause as little inconvenience, and do as little damage, as possible.
Clause 217 requires an inspector to give a notice if they, or a person acting under their
authority or direction, kills or injures an animal or damages another thing, when exercising a
power under the Act. However, this does not relate to damage considered trivial by the
Page 68
Exhibited Animals Bill 2015
inspector or if the inspector reasonably believes that there is no one apparently in possession
of the animal or thing, or it had been abandoned.
The inspector must give notice of the death, injury or damage to the owner, or person in
control, of the damaged property. If it is not practicable to give the notice in person, the
inspector must leave the notice at the place where the death, injury or damage happened and
ensure it is left in a conspicuous position and in a reasonably secure way.
The inspector may delay complying with providing the notice if they reasonably suspect that
complying with the requirement may frustrate or otherwise hinder the performance of the
inspector's functions. The delay may be only for so long as the inspector continues to have
the reasonable suspicion and remains in the vicinity of the place.
The notice of damage must state the particulars of the death, injury or damage and that the
person who suffered the loss may claim compensation under section 218. If the inspector
believes that the death, injury or damage was caused by circumstances beyond the control of
the inspector or person helping the inspector, they may state that belief in the notice.
Division 2 Compensation
Clause 218 makes provision for compensation because of an inspector's exercise of a power
under this Act. A person may claim compensation from the State where the person has
incurred loss because of the exercise or purported exercise of a power by an inspector
including a loss arising from compliance with a requirement made of the person. However,
compensation cannot be claimed for loss arising from a lawful seizure or forfeiture.
The compensation may be claimed in a court of appropriate jurisdiction or in a proceeding for
an alleged offence against the Act the investigation of which gave rise to the claim for
compensation. The court may order the payment of compensation only if satisfied it is just to
make the order in the circumstances of the particular case. However, in considering whether
to order compensation, the court must have regard to any relevant offence committed by the
claimant. A regulation may prescribe other matters that may, or must, be taken into account
by the court when considering whether it is just to order compensation.
Clause 218 further clarifies that statutory compensation for loss under section 216 can only
be claimed under this clause.
Division 3 Other offences relating to inspectors
Clause 219 makes it an offence, with a maximum penalty of 200 penalty units, for a person to
give information, including a document containing information, to an inspector, that the
person knows is false or misleading in a material particular. This offence applies to
information given in relation to the administration of this Act whether or not the information
was given in response to a specific power under the Act. The clause further provides the
circumstances in which the offence would not apply to a person giving the information that is
false or misleading.
Clause 220 provides that it is an offence, with a maximum penalty of 100 penalty units, to
obstruct an inspector, or a person helping the inspector, unless the person has a reasonable
excuse. If the inspector decides to proceed exercising a power after considering the person's
Page 69
Exhibited Animals Bill 2015
conduct as an obstruction, the inspector must warn the person that it is an offence to cause an
obstruction unless the person has a reasonable excuse.
Clause 221 makes it an offence, with a maximum penalty of 100 penalty units, for a person to
impersonate an inspector.
Division 4 Other provisions
Clause 222 makes provision for limited evidential immunity for an individual giving or
producing information or a document under sections 182(1), 211(1) or (5). Evidence of the
information or document, or indirectly derived from the information or document, is
inadmissible in a proceeding against the individual to the extent it would incriminate them, or
expose them to penalty in legal proceedings. This protection does not however apply to a
proceeding about the false or misleading nature of the information.
Chapter 7 Evidence and proceedings
Chapter 7 provides for evidentiary matters and legal proceedings under the Act.
Part 1 Evidence
Clause 223 establishes that part 1 applies to a proceeding under or in relation to the Act.
Clause 224 provides that the appointment of the chief executive or an inspector, and their
authority to do anything under the Act, is to be presumed unless a party to a proceeding
requires proof.
Clause 225 provides that a signature purporting to be the signature of the chief executive or
an inspector is evidence of that signature.
Clause 226 provides that a certificate purporting to be signed by the chief executive is
evidence of the fact. The clause lists a range of matters that are stated in documents that are
evidentiary aids including an appointment, approval or decision; a notice, direction or
requirement; an exhibited animal authority; a record or an extract from a record; a code of
practice, a guideline, a register or another document kept under the Act or an extract thereof.
In a proceeding in which the State applies under section 238 (Recovery of costs of
investigation), a certificate by the chief executive stating that the costs were incurred and the
way in which, and the purpose for which, they were incurred is evidence of the matters
stated.
Part 2 Proceedings generally
Clause 227 provides that an offence against this Act is a summary offence and details the
time limits for commencement of proceedings for offences.
Clause 228 provides that in a complaint starting a proceeding for an offence under the Act, a
statement that the matter of the complaint came to the complainant's knowledge on a stated
day is evidence the matter came to the complainant's knowledge on that day.
Page 70
Exhibited Animals Bill 2015
Clause 229 states that where a proceeding for an offence against the Act involves false or
misleading information or documents, a charge may simply state that the information or
document was 'false or misleading' without specifying which.
Clause 230 provides that if it is relevant to prove a person's state of mind about a particular
act or omission, it is enough to show the act was done or omitted to be done by a
representative acting within the scope of their actual or apparent authority and the
representative had the state of mind. In these circumstances, the person is also to be taken to
have committed the relevant offence unless the person can prove that the person could not, by
the exercise of reasonable diligence, have prevented the act or omission.
Part 3 Court orders
Clause 231 empowers a court to make a disposal order for an animal or other thing upon the
conviction of a person for an offence against the Act. It may be made for anything the subject
of, or used to commit, the offence, any animal or another thing the court considers likely to
be used to commit a further offence against the Act. A court is not limited in the making of
disposal orders to animals or other things which have been seized.
Clause 231 also provides that, without limiting the court's power under another law, the court
may make any order to enforce the disposal order it considers appropriate, including for the
sale of an animal and how the proceeds of the sale are to be distributed.
Clause 232 empowers the court to order that a person convicted of an offence involving an
animal against this Act must not, for a stated period or permanently, purchase or otherwise
acquire or take possession of:
• any animal;
• a stated species of animal; or
• any animal or stated species of animal for trade or commerce or other stated purpose.
Clause 233 empowers the court to make a disposal order or prohibition order against the
owner of an animal where another person has been convicted for an animal offence in
relation to the animal. Such an order may be made in cases where the court considers an act
done or omission made by the owner contributed to or allowed the commission of the offence
and the owner is and will continue to be incapable of exercising the owner's general
exhibition and dealing obligation for exhibiting or dealing with the animal.
Clause 234 provides that the standard of proof for making a disposal order or prohibition
order is on the balance of probabilities and sets out criteria the court must consider when
deciding in the circumstances whether it is just to make the order. The matters which the
court may consider are not limited by the criteria set out in the clause.
Clause 235 provides a disposal order or prohibition order may only be made on the court's
initiative or on an application by the prosecution which may be made at any time. However, a
court must not make an order unless the owner has been given an opportunity to be heard
about whether the order should be made. Also the court may require notice to be given to
anyone the court considers appropriate and must not refuse to hear a person to whom a notice
is given. The court may make both a disposal order and a prohibition order against the same
person in relation to the same offence.
Page 71
Exhibited Animals Bill 2015
Clause 236 provides that if a prohibition order is made against a person permanently or for
more than five years, the court that made the order may, on an application made by the
person, cancel or amend the order. An application cannot be made within five years of the
prohibition order being made or within 12 months of a previous application for a review
order about the prohibition order.
Part 4 Remedies
Clause 237 sets out the circumstances in which the State can recover a cost incurred by an
inspector for stated acts in relation to an animal. The costs which may be recovered are those
relating to seizure under chapter 6, part 3, division 4; any action taken to ensure an exhibited
animal direction is complied with; and if an animal is destroyed under section 203.
The State may recover the cost from the animal's owner or former owner if incurring the cost
was necessary and reasonable to prevent or minimise a relevant risk or relevant adverse effect
associated with exhibiting or dealing with the animal or for the destruction of the animal.
Costs incurred where an animal was provided with accommodation, food, water or other
living conditions or veterinary treatment received while it was retained for evidentiary
purposes may only be recovered if the animal's retention was reasonably required as
evidence.
Clause 238 empowers the State to apply to a court for reasonable costs which were incurred
by the State in relation to an investigation of an offence, if the court convicts a person of an
offence against the Act. A court may order the person to pay an amount to the State equal to
the costs if satisfied it would be just to make the order in the circumstances of the particular
case. An application for the recovery of costs of an investigation of an offence against the Act
is to be in the court's civil jurisdiction. The standard of proof on any issues to be decided is
on the balance of probabilities. This clause does not limit the court's powers under the
Penalties and Sentences Act 1992 or another law.
Clause 239 empowers a court to order a person convicted of an offence involving an animal
under the Act to pay compensation to a person who has suffered damage or loss to property
or incurred costs in avoiding or minimising or attempting to avoid or minimise damage or
loss to property because of the commission of the offence. A court may also order the
convicted person to pay a person an amount for costs incurred by the person in taking
possession of, or moving, the animal to which the offence relates, providing the animal with
accommodation, food, rest, water or other living conditions, or arranging for the animal to
receive veterinary or other treatment. An order must not be made in favour of the State.
Part 5 Reviews
Division 1 Preliminary
Clause 240 defines terms for part 5.
Page 72
Exhibited Animals Bill 2015
Division 2 Internal reviews
Clause 241 provides that every external review of, or appeal against, a decision must be
preceded by an application for internal review.
Clause 242 provides that a person who is given or is entitled to be given an information
notice for a decision may apply to the chief executive for an internal review of the decision.
A person who is entitled to be given an information notice for the original decision, but has
not been given it, may ask for the information notice to be given. Their entitlement to apply
for an internal review is unaffected by them not having been given the information notice.
Clause 243 sets out the requirements and timeframes for making an application for the
internal review of an original decision.
Clause 244 provides that an internal review does not stay the original decision to which it
relates. However, the applicant may apply to the 'relevant body' (the magistrates court for a
decision about a seizure or forfeiture or QCAT for another decision) for a stay of the
decision. The relevant body may stay the original decision to secure the effectiveness of the
internal review and a later appeal to the court or an external review by QCAT.
Clause 245 requires the chief executive to conduct an internal review of the original decision,
and make a judgment to confirm the original decision, amend it, or make a new decision,
within 20 days of receiving the application for internal review.
The application may only be dealt with by the person who did not make the original decision
and who is in a more senior office than the original decision-maker.
For the purpose of an appeal or external review, if the original decision is confirmed by an
internal review decision, or is taken to be confirmed (where the chief executive does not
make a decision within the decision period) the original decision is taken to be the internal
review decision. For the purpose of an appeal or external review, if any amendments to the
original decision were made on an internal review, the amended original decision is taken to
be the internal review decision.
Clause 246 requires the chief executive, within ten days after making an internal review
decision, to give the applicant written notice of the decision.
If the internal review decision relates to an original decision other than a seizure or forfeiture
and is not the decision sought by the applicant, the notice must be accompanied by a QCAT
notice (complying with section 157(2) of the Queensland Civil and Administrative Tribunal
Act 2009) for the internal review decision.
If the decision relates to a seizure or forfeiture decision and is not the decision sought by the
applicant, the notice must include a notice (an 'appeal information notice') detailing the day
the notice is given, the reasons for the decision, that the applicant may appeal within 28 days
to the court, how to appeal and that the applicant may apply to the court for a stay of
decision.
Page 73
Exhibited Animals Bill 2015
If the chief executive does not issue a notice within ten days, then the chief executive is taken
to have confirmed the original decision. The applicant is then entitled to receive a QCAT
notice or an appeal information notice as appropriate (triggering the right to apply for a
review of, or appeal against, the decision under sections 248 and 249 respectively). This will
enable the applicant to escalate consideration of their application to QCAT or the court as
appropriate if they do not receive a timely decision.
Clause 247 provides that a person who is entitled to be given a QCAT notice or an appeal
information notice for an internal review decision, but has not been given one, may ask the
chief executive for a notice. Failure to receive the appropriate notice does not affect the
person's right to apply for an external review of, or appeal against, the decision, under
sections 248 and 249 respectively.
Division 3 External reviews by QCAT
Clause 248 provides that a person who is given, or is entitled to be given, a QCAT notice
under section 246 (Notice of internal review decision), subsections (2) or (5)(b), may apply to
QCAT for an external review of the decision. QCAT may, by application or on its own
initiative, stay the operation of the internal review decision.
Division 4 Appeals
Clause 249 provides that a person, who has been given, or is entitled to be given an appeal
information notice under section 246, subsections (3) or (5)(a), and is dissatisfied with the
internal review decision, may appeal to the court against the internal review decision.
Clause 250 provides that an appeal is started by filing a notice of appeal with the clerk of the
court and a copy of the notice must be served on the chief executive. The notice must be filed
within 28 days after the appellant receives notice of the internal review decision appealed
against. The notice must state fully the grounds of the appeal. The clause provides the court
with the power to extend the time period for filing a notice of appeal.
Clause 251 provides that the court may grant a stay of the operation of an internal review
decision appealed against in order to secure the effectiveness of the appeal. A stay may be
granted on conditions the court considers appropriate. The stay operates for a period fixed by
the court and may be amended or revoked by the court. The clause provides the stay must not
extend past the time when the court decides the appeal and that an appeal against a decision
only affects the decision if the decision is stayed.
Clause 252 provides that in deciding an appeal, the court has the same powers as the chief
executive in making the internal review decision appealed against. The court is not bound by
the rules of evidence but must comply with natural justice. The appeal is by way of rehearing.
In deciding an appeal, the court may confirm, or set aside the review decision and substitute
another decision, or set aside the internal review decision and return the matter to the chief
executive with directions the court considers appropriate.
Clause 253 provides that if the court sets aside the internal review decision and returns the
matter to the chief executive with directions, and the chief executive makes a new decision in
accordance with the direction, then the new decision is not subject to review or appeal under
this part.
Page 74
Exhibited Animals Bill 2015
If the court substitutes another decision, the substituted decision is taken to be the decision of
the chief executive. The chief executive must give effect to the decision as if it were the
original decision of the chief executive and no application for review or appeal had been
made.
Chapter 8 General provisions
Chapter 8 provides for general matters covered under the Act.
Clause 254 creates offences, with a maximum penalty of 100 penalty units, for making false
representations about operating under an exhibited animal authority or accreditation issued
and possessing a document which falsely purports to be an exhibited animal authority, or an
accreditation or a copy of any such document.
Clause 255 makes it an offence, with a maximum penalty of 200 penalty units, for a person in
relation to the administration of this Act to give the chief executive information, including a
document containing information, that the person knows is false or misleading. This
provision applies regardless of whether the information was provided in response to a
specific power under the Act. The clause further provides the circumstances in which the
offence would not apply to a person giving the information that is false or misleading.
Clause 256 makes it an offence, with a maximum penalty of 50 penalty units, for a person to
disclose specified confidential information obtained as a result of the person administering or
performing a function under the Act or a relevant repealed provision. However, disclosure
may be made if:
• the information is disclosed for a purpose under the Act or a relevant repealed provision;
• the information is disclosed for the purpose of minimising relevant risks or relevant
adverse effects in the State or another State and the disclosure is to entities listed in the
clause;
• the information is about dealing with an exhibited animal and is disclosed to the
department that administer the Nature Conservation Act 1992 for the purpose of that Act;
• the disclosure is with the consent of the person to whom the information relates; or
• the disclosure is otherwise required or permitted by law.
Confidential information does not include information that is publicly available but does
include information about a person's personal affairs or reputation or something that could
damage the commercial activities of a person.
Clause 257 obligates the chief executive to exclude a person's address on a public register if
the chief executive is satisfied including it would place at risk the personal safety of the
person or another person at risk.
Clause 258 enables the chief executive to delegate powers to an appropriate public service
employee or inspector.
Clause 259 provides that a person acting under the direction or at the request of an inspector
does not incur civil liability for an act done, or omission made, honestly and without
negligence under the Act. If a liability exists then it attaches instead to the State but the State
Page 75
Exhibited Animals Bill 2015
can recover a contribution from the person if they acted other than in good faith or were
grossly negligent. The protection against liability does not apply to a State employee
protected from liability under section 26C of the Public Service Act 2008.
Clause 260 authorises the chief executive to approve forms for use under the Act.
Clause 261 provides that the Governor in Council may make regulations under the Act about:
identifying exhibited animals; qualifications, training or experience required by persons
acting under exhibited animal authorities; fees payable under the Act; and may impose a
maximum penalty for contravening a regulation of no more than 20 penalty units.
Chapter 9 Transitional provisions
Chapter 9 provides for transitional matters for the Act.
Part 1 Preliminary
Clause 262 defines terms for chapter 9.
Part 2 Declared pest permits
Clause 263 provides for how an application for a declared pest permit under the Stock Route
Management Act 2002 (before the relevant provisions were repealed by the Biosecurity Act
2014) can be dealt with under the Act.
Clause 264 provides for the fee payable when a relevant entity applies for the first time for
the grant of an exhibition licence to exhibit and deal with an animal that they were authorised
to introduce or keep for a relevant purpose under a declared pest permit immediately before
commencement of this Act. The application fee in these circumstances is an amount
equivalent to the application fee for renewal or restoration of an exhibition licence.
Clause 265 provides that a particular rhesus macaque (Macaca mulatta) or crab-eating
macaque (Macaca fascicularis) that was kept under a declared pest permit under the Stock
Route Management Act 2002 (titled the Land Protection (Pest and Stock Route Management)
Act 2002 before the commencement of the Biosecurity Act 2014) for the purpose of circus
entertainment before commencement of this Act and is now kept by the same entity under an
exhibited animal licence is not subject to section 71 or section 76. Instead, these particular
animals will be subject to section 75 (as if they were an authorised animal (category B)). The
effect is that the particular macaques held by Queensland circuses on commencement of this
Act (that are prohibited matter under the Biosecurity Act 2014) will not be subject to certain
provisions of this Act that will apply to other animals that are prohibited matter provided the
particular animals continue to be held under an exhibition licence by the current circus entity.
In other words, these macaques will be 'grandfathered'.
Page 76
Exhibited Animals Bill 2015
Part 3 Particular wildlife licences and fisheries permits
Division 1 Existing licences and permits
Division 1 ensures the ongoing effect of authorities permitting exhibition of animals under
the Nature Conservation Act 1992 and the Fisheries Act 1994.
Division 2 Applications
Clauses 268 - 271 provide for how undecided applications are to be dealt with on
commencement of this Act.
Clause 272 provides for the fee payable when a person applies for the first time for the grant
of an exhibition licence to exhibit and deal with an animal in the same or a similar way to the
way they were authorised to exhibit or deal with the animal under a wildlife demonstrator
licence, wildlife exhibitor licence, or a general fisheries permit (allowing the exhibition of
fish that were noxious fisheries resources) immediately before commencement of this Act.
The application fee in these circumstances is an amount equivalent to the application fee for
renewal or restoration of an exhibition licence.
Part 4 Co-existing permits and licences
Clause 273 provides that an application fee does not need to accompany an exhibition licence
amendment application if the proposed amendment will:
• be made to an exhibition licence that was granted to authorise the entity to exhibit and
deal with an animal or fish which, immediately before commencement of this Act, they
were authorised to exhibit and deal with under a declared pest permit, a wildlife exhibitor
licence or a general fisheries permit; and
• authorise the entity to exhibit and deal with an animal or fish which they were authorised
to exhibit and deal with under a different declared pest permit, wildlife exhibitor licence
or general fisheries permit they also held immediately before commencement of this Act.
The intent is to facilitate the consolidation in a single exhibition licence of authorisations to
exhibit and deal with animals that are the same or similar to those authorisations under
permits and licences held by that entity immediately before commencement. The only cost to
the entity of replacing the co-existing authorisations held immediately before commencement
would be the cost of the initial application for an exhibition licence which would be reduced
by section 264 or 272.
Chapter 10 Amendment of this Act and other
legislation
Chapter 10 provides for amendments to Acts and regulations on commencement of the Act.
Part 1 Amendment of this Act
Part 1 amends this Act.
Page 77
Exhibited Animals Bill 2015
Part 2 Amendment of other legislation
Part 2 provides for amendments to other legislation.
Division 1 Amendment of Biosecurity Act
Division 1 outlines the amendments made to the Biosecurity Act 2014
Division 2 Amendment of Nature Conservation Act
Division 2 provides for amendments to the Nature Conservation Act 1992.
Division 3 Amendment of regulations
Division 3 provides for amendments to regulations.
Schedule 1 Exempted animals
Schedule 1 lists animals which are exempted by section 10(1)(a) of this Act.
Schedule 2 Dictionary
Schedule 2 defines terms that are used in the Act.
Schedule 3 Amendment of regulations
Schedule 3 makes amendments (under section 282 of this Act) to the Nature Conservation
(Administration) Regulation 2006 and Nature Conservation (Wildlife Management)
Regulation 2006. In particular it omits the provisions of the Nature Conservation (Wildlife
Management) Regulation 2006 that provide for the grant of a wildlife exhibitor licence and a
wildlife demonstrator licence.
Page 78