NSW RSPCA laws in NSW and VIC question about what is classified as an animal

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Tom3168

Member
5 April 2025
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Not asking for specific legal advice but legal opinions even if you are not qualified or don't know.
I was barred from owning any animal in NSW for x amount of time under their poctaa act.
s 4 of the POCTAA 1986 (NSW) states:
4 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
adult dog means a dog that is more than 6 months of age, but does not include a racing greyhound.
animal means—
(a) a member of a vertebrate species including any—
(i) amphibian, or
(ii) bird, or
(iii) fish, or
(iv) mammal (other than a human being), or
(v) reptile, or
(b) a crustacean but only when at a building or place (such as a restaurant) where food is prepared or offered for consumption by retail sale in the building or place.

Does this mean I can still own some arachnids such as bugs they sell online (i.e. tarantulas, mantids, stick insects, etc?)
What does the part mean when it says:
'In this Act, except in so far as the context or subject-matter otherwise indicates or requires'

Does this mean that they can literally bar me from these insects even though it is not expressly stated? That seems quite harsh.
Also, what about if I move interstate with family in Victoria, they have different poctaa rules. Under s3 of the POCTAA (Vic) 1986 it says:
3. In this Act— "Animal" means any live member of a vertebrate species including any— (a) amphibian; and (b) reptile; and (c) bird; and (d) mammal— but not including any— (e) human being; or (/) fish.

They do not say anything about the 'In this Act, except in so far as the context or.... etc etc' and they also specifically mention that this does not include fish.

Does this mean that I can keep insects/arachnids and fish as pets?

Also noting that these charges and sanctions are in NSW and they do not mention anything about other states.
 

Tom3168

Member
5 April 2025
4
0
1
Also, I'm a postgrad biologist and have bachelor degree already. I have a lot of research ideas and would like to bring these insects/fish back to the lab. Can I do this? I might need ethics approval but not sure they are required? as they are not animals?
I have a basic lab set up.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Also, I'm a postgrad biologist and have bachelor degree already. I have a lot of research ideas and would like to bring these insects/fish back to the lab. Can I do this? I might need ethics approval but not sure they are required? as they are not animals?
I have a basic lab set up.
1. Nothing has changed since you asked the first time.
2. Fish are vertebrates.
3. Your institution cannot exempt you from any penalty, or any order, imposed by the court.
4. When you conceal the order from the Ethics Committee, you'll be in breach of your institution's Code.