The Queensland Animal Care and Protection Act 2001 (the Act) promotes the responsible care and use of animals. It places a legal duty of care on people in charge of animals to meet those animals' needs in an appropriate way.

The Act is administered by Biosecurity Queensland. Specially trained Biosecurity Queensland or RSPCA animal welfare inspectors, or the police, investigate complaints about alleged offences.

The Act protects the rights of individuals by ensuring that:

• all inspectors are adequately trained before they are appointed
• all processes followed during investigations are audited
• investigators are held accountable for their findings.

The Act sets out a general offence of cruelty with a maximum penalty of $333,800.00 or 3 years imprisonment. It also sets out a range of other offences, including duty of care breaches, prohibited events, regulated surgical procedures, use of baits or harmful substances and non-compliance with compulsory codes.

There are also offences for severe animal cruelty under the Criminal Code Act 1899 which have a maximum penalty of 7 years imprisonment.

Read the Queensland Animal Care and Protection Act 2001.

Codes of practice

There are national codes of practice to define animal welfare standards for individual species and types of animal use (mainly livestock). These codes are used as a tool by inspectors to issue animal welfare directions to ease animal suffering and address situations that might otherwise lead to animal suffering.

Read more about animal welfare codes of practice.

Under the Act, programs can be developed to monitor compliance with compulsory codes.

Animal welfare legislation in other states

• Animal Protection Act 2018 (NT)
• Animal Welfare Act 1992 (ACT)
• Animal Welfare Act 2002 (WA)
• Prevention of Cruelty to Animals Act 1979 No. 200 (NSW)
• Animals Research Act 1985 (NSW)
• Exhibited Animals Protection Act 1986 (NSW)
• Animal Welfare Act 1985 (SA)
• Prevention of Cruelty to Animals Act 1986 (VIC)

Amendments to the Animal Care and Protection Act 2001 (the Act) commenced on 12 December 2022 after the Animal Care and Protection Amendment Act 2022 was passed by Queensland Parliament.

Changes to the Act resulted from several initiatives in Queensland, including the review of the Act, the Martin Inquiry and Queensland Audit Office report on regulating animal welfare, and previous consultation processes on cattle spaying and pregnancy testing.

Key amendments include:

• A new offence for an aggravated breach of the duty of care, with a maximum penalty of $333,800.00 or 3 years imprisonment.
• Prohibition of the use and possession of pronged dog collars.
• A person who uses CSSP pig poison in Queensland may be prosecuted for animal cruelty under the Act.
• A requirement for dogs to be secured on a vehicle, with an exemption for working dogs.
• Clarification of minimum standards for making codes of practice under the Act, including on the basis of scientific evidence.
• Clarification of the scientific use of animals, including alignment of the scientific use provisions to the Australian Scientific Use Code.
• A new framework for accreditation schemes for cattle spaying and pregnancy testing.
• Strengthening inspector powers in relation to entry and compliance with animal welfare directions.

Review of the Act

The Act was reviewed in 2021–2022 to ensure it aligned with contemporary scientific knowledge, animal welfare practices and community expectations. The review involved broad consultation with stakeholders and the community.

The Martin Inquiry

The Martin Inquiry was an independent inquiry commissioned by the Queensland Government in 2019. The inquiry looked at the management of retired racehorses, the regulatory and oversight arrangements for abattoirs and knackeries and the transport of horses to those facilities.

On Martin Inquiry recommendations, the Act has been amended to require closed-circuit television (CCTV) at horse slaughter establishments and improves the ability of Biosecurity Queensland to monitor horse slaughter. The Racing Integrity Act 2016 has also been amended to improve the ability of the Queensland Racing Integrity Commission to manage the rehoming of retired racehorses and make standards for racehorse breeding.

The Queensland Audit Office

In 2021, the Queensland Audit Office (QAO) audited the Department of Primary Industries (DPI) oversight of the Royal Society for the Prevention of Cruelty to Animals Queensland Inc (RSPCA) to deliver services and exercise powers under the Act. The QAO tabled its final report on Regulating Animal Welfare (Report 6:2021–22) (QAO report) in November 2021.

The QAO recommended:

• changes to the Act to clarify the accountabilities and accreditation of inspectors
• provision for oversight by DPI of investigations and prosecutions
• requirement for inspectors to declare conflicts of interest
• requirement for DPI to approve a publicly available fee schedule of reasonable cost recovery.

The Animal Care and Protection Act 2001 (Queensland) covers all living vertebrate animals. It includes mammals, birds, reptiles, amphibians and fish, as well as cephalopod invertebrates (octopus, squid, cuttlefish and nautilus). The Act covers all types of animals because all animals must be treated humanely - an animal's capacity to suffer is not related to its usefulness or attractiveness.

The Act also applies to:

• pre-hatched or pre-natal mammals
• birds and reptiles in the last half of gestation, such as mammal or reptile foetuses
• pre-hatched avian, mammal or reptile young
• live marsupial young.

The eggs, spat or spawn of fish are not animals.

Circumstances where the Act applies

The Act covers animals used for:

• the production of food and fibre (e.g. livestock)
• sport and recreation
• entertainment or exhibition (e.g. zoo animals)
• scientific purposes (e.g. laboratory animals)
• work
• education
• companionship (e.g. domestic pets).

It also applies to feral and pest animals, as well as wildlife.

Also consider...

• Read the Animal Care and Protection Act 2001.

Biosecurity Queensland and the RSPCA work in partnership to provide animal welfare services in Queensland. In particular, they share responsibility for enforcing the Animal Care and Protection Act 2001.

Biosecurity Queensland and the RSPCA also educate the community about animal care responsibilities and agreed standards for animal care and use in Queensland.

The role of inspectors

Inspectors from Biosecurity Queensland and the RSPCA investigate complaints about animal care or cruelty and ensure compliance with the Act. Inspectors also help educate animal users about their responsibilities, and promote the Act and other agreed animal welfare standards.

Inspectors have strict training requirements. All Biosecurity Queensland and RSPCA inspectors complete the same training program. They also receive ongoing training in key competency areas as part of their skills development.

Biosecurity Queensland inspectors

Biosecurity Queensland officers appointed as animal welfare inspectors under the Act are located throughout Queensland.

RSPCA inspectors

The RSPCA has about 15 full-time inspectors located in mainly coastal and urban areas. Their main responsibility is to enforce the Act in urban, semi-rural and rural areas.

Their role covers:

• companion animals
• riding schools
• pet shops
• other types of animal use where the keeping of livestock is not the primary business.

Police

Police officers are not appointed as inspectors under the Act, but can respond to animal welfare complaints under the Police Powers and Responsibilities Act 2000.

The Queensland Police Service is not a primary agency for animal welfare services in Queensland, but does play a key role in addressing emergency animal welfare incidents in areas where the RSPCA or Biosecurity Queensland do not have a local inspector. It also plays a vital role in managing emergency animal welfare incidents involving the transport of livestock.

Inspectors' powers

The Queensland Animal Care and Protection Act 2001 gives inspectors a broad range of enforcement powers, allowing them to investigate and enforce compliance with the Act.

These include powers to:

• enter places and vehicles
• inspect animals
• relieve animal pain
• copy documents relating to animal welfare investigations
• issue an animal welfare direction
• seize an animal
• destroy an animal.

There are very strict conditions on when and how inspectors may exercise their powers. Therefore, it is critical that all inspectors are properly trained before being appointed. The powers of inspectors are detailed in sections 122-170 of the Act.

Review of decision

If you have received an animal welfare direction, a seizure direction, or a forfeiture notice, you can apply to the Department to have the decision reviewed.

You must apply within 14 days of the notice and use the approved application form (PDF, 140KB).

Also consider...

• Read the Queensland Animal Care and Protection Act 2001.

It is an offence under the Animal Care and Protection Act 2001 (the Act) for people in charge of animals to abandon or release them, be cruel or breach their duty of care.

Cruelty

The offence of cruelty relates to causing unjustifiable, unnecessary or unreasonable pain to animals. 'Pain' includes distress and mental or physical suffering.

This offence covers actions that the community would perceive as cruel and unacceptable, including:

• the use of electric prodders on horses
• leaving an animal in a hot car
• beating
• tormenting
• overworking
• transporting animals that are not fit to travel
• killing an animal inhumanely.

The maximum penalty for an individual convicted of cruelty to animals is $333,800.00 or 3 years imprisonment under the Act. There are also offences for serious animal cruelty under the Criminal Code Act 1899 which have a maximum penalty of 7 years imprisonment.

Breach of duty of care

A person in charge of an animal has a legal duty of care to provide for the animal's needs in an appropriate way. The Act includes specific offences for people who fail to meet their duty of care obligations towards the animals in their charge.

The penalty for an individual convicted of a breach of duty of care is up to $50,070.00 or 1 year imprisonment. However, more serious breaches can attract penalties that align with those for animal cruelty (section 18), that is, up to $333,800.00 or 3 years imprisonment.

The higher penalty applies where a person's breach of the duty of care results in the death, serious deformity, serious disability, or prolonged suffering of the animal. This could occur, for example, where a person does not feed or provide water for the animal over a long period, or where they have not treated or sought treatment for an animal's injury or illness.

The higher penalty is not intended to apply where drought has caused animals to lose some body weight. Meeting the duty of care means taking reasonable steps in the circumstances to provide for an animal's needs.

Learn more about duty of care.

Unreasonable abandonment or release

It is an offence under the Act for people in charge of animals to abandon or release them. This includes going away on holiday or moving house and leaving a pet behind to fend for itself, or deliberately dumping an unwanted animal at the roadside or in the bush.

The maximum penalty for an individual convicted of unreasonable abandonment or release is $50,070.00 or 1 year imprisonment.

If you go away and leave your animals, make sure you have arranged for someone else to care for them.

Also consider...

• Read the Queensland Animal Care and Protection Act 2001.
• Read the Criminal Code Act 1899.

The Animal Care and Protection Act 2001 (the Act) bans certain devices, events and traps that are inhumane to animals.

Prohibited devices

The use or possession of a prong collar is prohibited in Queensland. Prong collars cause pain and fear and can cause bruising and wounds. Aversive training methods, including the use of prong collars, can compromise the animal's welfare. There are many other more humane and effective ways to control a challenging dog.

A maximum penalty of $5,007.00 applies for possession of a prong collar and a maximum penalty of $16,690.00 applies for the use of a prong collar.

It is illegal to import prong collars into Australia under the Customs (Prohibited Imports) Regulations 1956 (Commonwealth) unless permission has been granted by the Federal Minister for Home Affairs.

Prohibited events

Some uses of animals are unacceptable in Queensland. The Act calls these 'prohibited events'. Prohibited events include:

• cockfighting
• bullfighting
• dogfighting
• coursing
• certain types of hunting
• certain events that cause animals pain. This may include events in which people attempt to catch, fight or throw animals.

Under the Act it is an offence to organise, supply animals to, participate in, or be present at prohibited events.

The maximum penalty for an individual convicted of participating in a prohibited event is $50,070.00 or 1 year imprisonment. For those present at a prohibited event without a reasonable excuse, the maximum penalty is $25,035.00 or 1 year imprisonment.

Rodeos

Rodeos are not prohibited events. Rodeos are regulated by the Code of practice about rodeos (the Code) in schedule 8 of the Animal Care and Protection Regulation 2023. The Code sets out the requirements for the care, handling and use of animals at a rodeo.

Possession or use of certain traps or spurs

There are no specific types of traps banned in Queensland, but you should ensure that any traps you use are designed to minimise pain for the trapped animal.

Causing an animal pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable is animal cruelty.

Spurs that have been made inoperable and are for display or part of a collection are allowed to be possessed. Otherwise, it is an offence to possess and use:

• a spur with sharpened or fixed rowels
• a cockfighting spur cap.

A maximum penalty of $16,690.00 applies for possession of a prohibited spur and a maximum penalty of $50,070.00 applies for the use of a prohibited spur.

Also consider...

• Read the Queensland Animal Care and Protection Act 2001.

The Animal Care and Protection Act 2001 (the Act) regulates certain procedures that can be performed on animals. The Act also requires veterinary surgeons’ certificates to accompany an animal throughout its life.

Regulated procedures

Under the Act, only a veterinary surgeon may perform the following procedures:

• cropping a dogs' ears (maximum penalty of $16,690.00)
• docking a dogs' tail (maximum penalty of $16,690.00)
• docking the tails of cattle or horses (maximum penalty of $50,070.00 or 1 year's imprisonment)
• debarking a dog (maximum penalty of $50,070.00 or 1 year's imprisonment)
• removing a cats' claws (maximum penalty of $50,070.00 or 1 year's imprisonment).

The veterinary surgeon must consider if the procedure is in the interest of the animal's welfare. Cosmetic reasons are not acceptable.

For dog debarking procedures, the veterinary surgeon must also consider if debarking is the only option other than destroying the dog.

Certificates for regulated procedures

If you sell or give away an animal, which has had a regulated procedure, you must provide the other person with a signed veterinary surgeon's certificate. The certificate must state that the procedure was performed in accordance with the Act.

For the supply of a dog that has undergone a debarking operation, the certificate must also state the operation was completed in accordance with section 25(2) of the Act. A maximum penalty of up to $25,035.00 or 1 year's imprisonment applies.

However, the certificate is not required if you are surrendering an abandoned animal to a pound or shelter. A pound or shelter can rehome an animal without a veterinary surgeon's certificate, but they must provide the new owners with a signed certificate stating that the regulated procedure had been done before the pound or shelter received the animal.

Veterinary surgeons, pounds and animal shelters, and anyone who sells or gives away animals should be aware of their obligations under sections 28, 29 and 29A of the Act.

Where an animal has been supplied with a certificate, the certificate must stay with the animal through its life. A person in charge of the animal must keep the certificate while they remain in charge of the animal, unless they have a reasonable excuse. They must also make the certificate available for an inspector, if required. A maximum penalty of $25,035.00 or 1 year's imprisonment applies.

Download a template regulated procedures veterinary certificate. The template certificate is an example only. Veterinary surgeons may adapt the template to suit their requirements.

Queensland animal welfare laws protect animals from being baited or harmed or killed by another animal.

Baits or harmful substances

It is an offence under the Animal Care and Protection Act 2001 to administer, feed or lay a bait, or a harmful or poisonous substance, with the intention of injuring or killing an animal.

The maximum penalty for an individual convicted of these offences is $50,070.00 or 1 year imprisonment.

Some people are exempt from this law, including:

• a person who is authorised under the Health Act 1937 to administer substances to an animal, provided it is killed humanely
• those killing feral or pest animals. This exemption applies only if the act is done in a way that causes the animal as little pain as is reasonable and complies with any regulations.

If you are unsure if your intended use of poisons or other harmful substances is legal, contact Biosecurity Queensland or the RSPCA's complaints coordinator for advice.

Allowing an animal to injure or kill another animal

Under certain circumstances, it is an offence under the Act for someone in control of an animal to allow it to injure or kill another animal.

The maximum penalty for an individual convicted of this offence is $50,070.00 or 1 year imprisonment.

For information on what 'unlawfully allowing to injure or kill' means, read section 37 of the Act.

Keeping or using an animal for blooding or coursing

There is a specific offence under the Act for a person keeping or using an animal for blooding or coursing. The maximum fine is $50,070.00 or 1 year imprisonment. The fine may be up to 5 times this amount for corporations. There are also offences for severe animal cruelty under the Criminal Code Act 1899 which have a maximum penalty of 7 years imprisonment.

Also consider...

• Read the Queensland Animal Care and Protection Act 2001.

The Animal Care and Protection Act 2001 applies to all animals, including dogs. Offences under the Act include cruelty, abandonment or breach of duty of care.

There are also specific offences for dogs under the Act.

Transporting a dog

You have a legal obligation to make sure your dog is safe when transporting it in a vehicle.

Inside a vehicle

You must not transport a dog inside a vehicle if any part of the dog, other than its head, can protrude from the vehicle.

A maximum penalty of $10,014.00 applies.

On a vehicle tray or trailer

If you are transporting a dog in the tray of a vehicle or on a trailer, the dog must be secured to stop it from:

• falling off the tray or trailer
• moving off the tray or trailer
• being injured by the movement of the vehicle or trailer.

A maximum penalty of $10,014.00 applies.

This does not apply if a dog is helping to move livestock.

Procedures on a dog

The Act regulates procedures on dogs including:

• ear cropping
• debarking
• tail docking.

These procedures must only be done:

• by a veterinary surgeon
• and
• in the best interests of the dog's welfare.

A veterinary surgeon must provide a certificate for these procedures.

Dogs harming other animals

Other offences under the Act include the actions of dogs that cause another animal to suffer.

The person in control of the dog is potentially liable for prosecution.

These offences are:

• knowingly causing an animal in captivity to be injured or killed by a dog
• releasing an animal to allow it to be, or in circumstances in which it is likely to be, injured or killed by a dog
• keeping or using an animal to use as a kill or lure to blood a dog, or to race or train a coursing dog.

The maximum penalty for these offences is $50,070.00 or 1 year's imprisonment.

See sections 30–32 of the Act for more information.

Also consider...

• Find out more about prohibited devices, event and traps.