intro to legislation Flashcards
statute law
- passed through parliament
- statute = legislation
common law
- no specific direction in legislation
- when judge hears an issue where no statute that covers it they will issue verdict which becomes precedent in similar cases
- aka previous judgements form basis for common law
acts
- legislation passed by parliament
- sets out broad legal policies/ principles
- designed to last long term; not reviewed v often
regulations
- subsidiary legislation
- guidelines that dictate how how the provisions of the act are applied (details)
- reviewed more regularly
codes of practice
- practical guides to achieve the standards required under acts and regulations
- compulsory or voluntary
standards
mandatory legal requirements
guidelines
best practice voluntary recommendations
important act, regulation and code of practice in QLD examples
- animal care and protection act 2001
- animal care and protection regulation 2003
- Australian code for the care and use of animals for scientific purposes
what are the 3 levels of government in aus
- federal parliament
- state/ territory parliaments
- local councils
legal status of animals in aus
- special type of property; duty of care
- people are responsible for damages or injury caused by animals
how are laws around animals changing
recognized as sentient, moving away as classifying them as objects
what is duty of care
legal obligation on an owner or person in charge of an animal to provide for an animal’s needs in an appropriate way
what are nature conservation acts and regulations and what do they say;
nature conservation act 1992
nature conservation regulation 2006
wildlife cannot be kept as pets without QPWS permission
72 hrs to take animals to licensed carer, vet, or apply for a license
focus is on rehab and return to wild
what are some biosecurity measures
EAD response (emergency animal disease)
ausvetplan; technical response plans for disease incursions
emergency animal disease hotline
is microchipping dogs and cats compulsory
yes