Animal Welfare Legislation

Crustaceans are a group of invertebrate animals, which most notably include crabs, crayfish, lobsters, and prawns. Whether they are protected under State and Territory animal welfare legislation depends upon the definition of ‘animal’ in each jurisdiction. In the majority of jurisdictions, animals are defined as ‘vertebrate animals’.

Cephalopods are a group of invertebrate animals, which include octopi, squid, cuttlefish and nautili. The protection of cephalopods under animal welfare legislation is dependent upon the definition of ‘animal’ in the animal welfare legislation of each State and Territory.

There are no national laws applying to animal welfare, but all states and territories regulate animal welfare in their jurisdiction. The legislation in each state and territory is shown in the table below.

Animal sentience is the capacity of an animal to experience different feelings such as suffering or pleasure. Negative feelings or emotions include pain, fear, boredom and frustration, whilst positive emotions include contentment and joy.

Penalties for animal cruelty offences vary in each jurisdiction, but all have provisions for jail terms and fines.

International trade has increased exponentially since the 1950s, including Australia’s imports and exports of animals and animal-derived products. The World Trade Organisation (the WTO) is responsible for overseeing the conduct of international trade, the development of international trade agreements, and the resolution of trade disputes.

Animal welfare laws in Australia are governed at the state and territory level.  As such, there are eight separate animal welfare statutes, all of which seek to prohibit animal cruelty and promote animal welfare within their respective jurisdictions.