Cap. 439 Art. 2Interpretation.

In this Act, unless the context otherwise requires -

"animal" means all living members of the animal kingdom, other than human beings, and includes free-living larval and, or, reproducing larval forms, but does not include foetal or embryonic forms; "animal experiment" means any use of any animal for experimental or other scientific purposes which may cause it pain, suffering distress or lasting harm, including any course of action intended, or liable, to result in the birth of an animal in any such condition. An animal experiment starts when an animal is first prepared for use and ends when no further observations are to be made for that experiment. The elimination of pain, suffering, distress or lasting harm by the successful use of anaesthesia or analgesia or other methods does not place the use of an animal outside the scope of this definition; "Authority" means the Food Safety and Security Authority as established in article 4 of the Food Safety and Security Authority Act and shall include, to the extent of the authority given by the aforementioned Authority, any of its officers authorised in writing to act on its behalf for the purposes of this Act; "animal welfare officer" means an official appointed under article 44 and also includes every member of the police or a community officer; "bred animals" means animals specifically bred for the use in experiments in facilities approved by, or registered with, the Council;

"circus" means any exhibition put on by exhibitors for profit, and viewed by the public for entertainment which offers amusement and display, and where animals are made to perform tricks or manoeuvres, which do not reflect their natural behaviour or does not offer any educational value;

"circus operator" means the owner of a circus, or any person responsible for the operations of a circus, or the administrator or agent thereof; "circus promoter" means any person responsible for the organisation or promotion of a circus in Malta, or the administrator or agent thereof; "Commissioner" means the Commissioner for Animal Welfare as appointed under this Act and includes any officer assigned to assist the Commissioner and authorised by him in that behalf;

''community officer'' means any community officer appointed under the Private Guards and Community Officers Act;

"competent person" means those individuals designated as such by the Minister for any purposes of this Act;

"Council" means the Council for Animal Welfare established by article 4;

"Director for Animal Welfare" means the Director for Animal Welfare appointed under this Act and shall have the functions, powers and duties as are vested in him under this or by this Act or any regulations made thereunder; "Directorate" means the Animal Welfare Directorate; "ill treatment", in relation to an animal, means causing the animal to suffer, by any act or omission, pain or distress which in its kind or degree, or in its object, or in circumstances in which it is inflicted, is excessive or unnecessary;

"marking" in relation to an animal means:

(a) marking that animal by any method for the purpose of distinguishing that animal or animals of that type from others; and

(b) includes affixing or applying to, or implanting in, that animal for the purpose of distinguishing that animal or animals of that type from others, any band, ring, clip, tag, electronic identification device, or paint or any other thing; "Minister" means the Minister responsible for animal welfare and includes, to the extent of the authority given by the said Minister, any officer authorised in writing to act on his behalf for the purposes of this Act:

Provided that for food related matters and the Authority, the Minister responsible shall be the Minister responsible for food;

"non-governmental organisation" means a voluntary organisation that has been established principally with the objective of promoting and advocating for animal welfare, animal rights or caring of animals, and which has been enrolled with the Commissioner for Voluntary Organisations under the Voluntary

Organisations Act; "prescribed" means prescribed by rules or regulations made by the Minister under this Act; "tether" means to restrain an animal by tying it to any stationary object or structure, by any means, including but not limited to a chain, rope, cord, leash, pulley or cable run, but shall not include the use of a leash when walking a domestic animal in a public place; "veterinary surgeon" means a person licensed by the President of Malta to practice as a veterinary surgeon in Malta and registered in the Veterinary Surgeons Register kept by the Veterinary Surgeons Council; "Veterinary Surgeons’ Council" means the Council established under article 39 of the Veterinary Services Act. Part I Animal Welfare