Animal Protection Regulations 2022

NORTHERN TERRITORY OF AUSTRALIA ANIMAL PROTECTION REGULATIONS 2022 As in force at 1 November 2022 Table of provisions Part 1 Preliminary matters 1 Title .................................................................................................. 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part 2 Care and protection of animals 4 Adoption of codes of practice .......................................................... 1 5 Cruelty – electrical device ................................................................ 2 6 Cruelty – other conduct ................................................................... 2 7 Laying poison .................................................................................. 2 8 Prohibited trap ................................................................................. 3 9 Excluded electrical devices.............................................................. 3 Part 3 Administrative matters Division 1 Advisory Committee 10 Membership ..................................................................................... 3 11 Chairperson ..................................................................................... 4 12 Term of office ................................................................................... 4 13 Termination of appointment ............................................................. 4 14 Ministerial termination of appointment ............................................. 5 15 Meetings .......................................................................................... 5 16 Validity of actions ............................................................................. 6 17 Annual report ................................................................................... 6 Division 2 Scientific use of animals 18 Registration fee ............................................................................... 6 19 Annual report – registered person ................................................... 7 20 Annual report – accredited animal ethics committee ....................... 7 Part 4 Compliance and enforcement Division 1 Infringement notice offences 21 Infringement amounts ...................................................................... 9 22 When infringement notice may be given .......................................... 9 23 Contents of infringement notice ....................................................... 9 Animal Protection Regulations 2022 ii 24 Effective date of payment methods ............................................... 10 25 Expiation of offence ....................................................................... 10 26 Withdrawal of infringement notice .................................................. 10 27 Effect of Division ............................................................................ 10 Division 2 Other matters 28 Contents of improvement notice .................................................... 11 Part 5 Transitional matters 29 Definition........................................................................................ 11 30 Authority for Part ............................................................................ 12 31 Licence applications not determined before commencement ........ 12 32 Permit applications not determined before commencement .......... 12 33 Animal Welfare Advisory Committee ............................................. 12 34 Codes of practice ........................................................................... 13 Schedule 1 Codes of practice Schedule 2 Excluded electrical devices Schedule 3 Infringement notice offences and infringement amounts ENDNOTES NORTHERN TERRITORY OF AUSTRALIA As in force at 1 November 2022 ANIMAL PROTECTION REGULATIONS 2022 Regulations under the Animal Protection Act 2018 Part 1 Preliminary matters 1 Title These Regulations may be cited as the Animal Protection Regulations 2022. 2 Commencement These Regulations commence on the commencement of section 122 of the Animal Protection Act 2018. 3 Definitions In these Regulations: chairperson means the chairperson of the Advisory Committee elected under regulation 11. excluded electrical device, see regulation 9. infringement amount, for an infringement notice offence, see regulation 21(1). infringement notice means an infringement notice given under regulation 22. infringement notice offence, see regulation 21(2). Part 2 Care and protection of animals 4 Adoption of codes of practice For section 20 of the Act, the documents specified in Schedule 1, existing on the day this regulation commences, are adopted as codes of practice relating to animal welfare. Part 2 Care and protection of animals Animal Protection Regulations 2022 2 5 Cruelty – electrical device For section 24(5)(b) of the Act, the following conduct is prescribed as constituting cruelty: (a) using an electrical device, including an excluded electrical device, against the face, udders or genitals of an animal; (b) using an excluded electrical device contrary to the restrictions on the purposes, animals and conditions specified in Schedule 2. 6 Cruelty – other conduct (1) For section 24(5)(b) of the Act, the following conduct is prescribed as constituting cruelty: (a) conduct of a sexual nature; (b) conduct involving feeding or applying a foul or noxious substance. (2) Subregulation (1) does not include conduct in the normal course of veterinary or agricultural practice. Examples for subregulation (2) 1 Recognised breeding practices and artificial reproduction techniques. 2 Oral or topical treatments for worms or lice. 7 Laying poison For section 28(7) of the Act, the following conduct and circumstances are excluded from the offences against section 28(1), (2), (3) and (4) of the Act: (a) the laying of poison by a person authorised to use the poison, by permit, employment or otherwise under: (i) the Agricultural and Veterinary Chemicals (Control of Use) Act 2004; or (ii) the Medicines, Poisons and Therapeutic Goods Act 2012; or (iii) any other law of the Territory or the Commonwealth; (b) the laying of rat poison within residential premises by the occupier, if the premises: (i) are enclosed by walls, floors and ceilings; and Part 3 Administrative matters Division 1 Advisory Committee Animal Protection Regulations 2022 3 (ii) are not accessible to the outside except by doors or windows. 8 Prohibited trap For section 29(6) of the Act, definition prohibited trap, paragraph (b), a trap, whether or not commercially manufactured, consisting of an adhesive glue layer on a base material and intended to capture and hold live rodents is prescribed to be a prohibited trap. 9 Excluded electrical devices For section 30(6)(b) of the Act, an electrical device specified in Schedule 2, column 1, is an excluded device if the device is: (a) made or adapted for and used for the purpose specified in the corresponding entry in column 2; and (b) used on an animal specified in the corresponding entry in column 3; and (c) used in accordance with any conditions specified in the corresponding entry in column 4. Part 3 Administrative matters Division 1 Advisory Committee 10 Membership (1) For section 19(2) of the Act, the Advisory Committee consists of the following members: (a) one person appointed by RSPCA Darwin Regional Branch Incorporated; (b) one person appointed by the Australian Veterinary Association; (c) one person appointed by the Local Government Association of the Northern Territory; (d) one person appointed by the Agency responsible for administering the Act; (e) if the Agency referred to in paragraph (d) is not the Agency primarily responsible for primary industry – one person appointed by that Agency; Part 3 Administrative matters Division 1 Advisory Committee Animal Protection Regulations 2022 4 (f) one person appointed by the Northern Territory Cattlemen's Association; (g) one person appointed by Charles Darwin University; (h) one person appointed by the Parks and Wildlife Commission of the Northern Territory; (i) any other person appointed by the Minister. (2) The appointment must be made in writing. (3) A person or body, other than the Minister, appointing a member under subregulation (1) must give a copy of the appointment to the Minister. (4) A member of the Advisory Committee is eligible for reappointment. Note for regulation 10 The terms and conditions of a member's appointment are determined by the Minister, see section 19(4) of the Act. 11 Chairperson The Advisory Committee must elect one of its members to be the chairperson of the Committee. 12 Term of office A member of the Advisory Committee holds office for the period, not exceeding 3 years, determined by the Minister. 13 Termination of appointment (1) A person ceases to be a member of the Advisory Committee if: (a) the person resigns by giving notice to: (i) the Minister; and (ii) if the person was not appointed by the Minister – the person or body that appointed the person; or (b) the person's appointment is terminated by the person or body that appointed the person; or (c) the Minister terminates the person's appointment under regulation 14. Part 3 Administrative matters Division 1 Advisory Committee Animal Protection Regulations 2022 5 (2) If there is a vacancy in the office of a member of the Advisory Committee, the person or body that appoints the member must appoint a successor within a reasonable period of time. (3) A resignation or termination of appointment must be made in writing. (4) A person or body, other than the Minister, terminating a member under subregulation (1)(b) must give a copy of the termination to the Minister. 14 Ministerial termination of appointment (1) The Minister may terminate the appointment of any member of the Advisory Committee appointed under regulation 10(1)(a) to (h) for any of the following reasons: (a) the member's inability or incapacity to perform the functions of membership; (b) the member's ineffectiveness in performing the functions of membership; (c) the member's misbehaviour in performing the functions of membership. (2) The Minister must terminate the appointment of any member who: (a) is absent from 3 consecutive meetings of the Advisory Committee without the leave of the Committee; or (b) applies to take the benefit of a law for the relief of bankrupt or insolvent debtors. 15 Meetings (1) The chairperson of the Advisory Committee must convene at least 2 meetings of the Advisory Committee each financial year. (2) The chairperson must convene a meeting of the Advisory Committee, as soon as practicable, if requested in writing to do so by: (a) 4 other members; or (b) the Minister. (3) The quorum at a meeting of the Advisory Committee is 4 members. Part 3 Administrative matters Division 2 Scientific use of animals Animal Protection Regulations 2022 6 (4) If a member is unable to attend a meeting of the Advisory Committee, the member may, in writing, appoint a person to attend the meeting as the member's proxy. (5) A meeting of the Advisory Committee is presided over by: (a) the chairperson; or (b) in the absence of the chairperson – another member elected by the members present. 16 Validity of actions The exercise of a power or performance of a function by the Advisory Committee is not affected by reason only that: (a) there is a vacancy in the membership of the Committee; or (b) there is a defect in: (i) the appointment of a member; or (ii) the election of the chairperson; or (iii) the election of a member to preside over a meeting; or (c) a person acted in office after the termination of the member's appointment. 17 Annual report The Advisory Committee must submit an annual report on the activities of the Advisory Committee to the Minister on or before 30 September each year in relation to the financial year ending on the preceding 30 June. Division 2 Scientific use of animals 18 Registration fee (1) For section 41(2)(f) of the Act, the prescribed fee to apply for registration is 83 revenue units. (2) For section 45(3)(c) of the Act, the prescribed fee to renew registration is 83 revenue units. Part 3 Administrative matters Division 2 Scientific use of animals Animal Protection Regulations 2022 7 19 Annual report – registered person (1) For section 72(3)(b) of the Act, this regulation prescribes the information to be included in an annual report prepared by a registered person. (2) The following information about the activities performed in connection with the registration must be included in the report: (a) the name of the project; (b) the purpose of the project; (c) the duration of the project; (d) a brief description of the activities and research conducted during the project; (e) each place at which an activity or research was conducted. (3) The following information about the animals used, or allowed to be used, for scientific purposes must be included in the report: (a) the number of animals used in the project; (b) a description of the animals, including the class and species of the animals; (c) the source of the animals; (d) each place at which an activity or research was conducted on the animals; (e) each place at which the animals were housed. (4) The following information about complaints received by the registered person must be included in the report: (a) the particulars of each complaint, if any, received by the registered person during the reporting period; (b) the action taken in response to each complaint; (c) the outcome of the action taken. 20 Annual report – accredited animal ethics committee (1) For section 73(2)(c) of the Act, this regulation prescribes the information to be included in an annual report prepared by an accredited animal ethics committee. Part 3 Administrative matters Division 2 Scientific use of animals Animal Protection Regulations 2022 8 (2) The following information about the animal ethics committee must be included in the report: (a) the name and contact details of the animal ethics committee; (b) the name of each member of the animal ethics committee; (c) how each member of the animal ethics committee is qualified, under the scientific use code, for membership. (3) The following information about project approvals granted by the animal ethics committee during the reporting period must be included in the report: (a) the number of applications made to the animal ethics committee; (b) the number of applications approved or refused by the animal ethics committee; (c) a brief description of the areas of activities and research in the applications approved or refused by the animal ethics committee. (4) The following information about complaints received by the animal ethics committee must be included in the report: (a) the particulars of each complaint, if any, received by the animal ethics committee during the reporting period; (b) the action taken in response to each complaint; (c) the outcome of the action taken. (5) The following information about other compliance activity conducted during the reporting period by the animal ethics committee must be included in the report: (a) the number of inspections conducted; (b) each problem identified during an inspection; (c) the action taken to rectify each problem; (d) the outcome of the action taken; (e) the number of any breaches of a code of practice, adopted under regulation 4, or the scientific use code of which the animal ethics committee is aware. Part 4 Compliance and enforcement Division 1 Infringement notice offences Animal Protection Regulations 2022 9 Part 4 Compliance and enforcement Division 1 Infringement notice offences 21 Infringement amounts (1) The infringement amount for an infringement notice offence is the monetary value of the penalty units specified in Schedule 3 for the offence for which the notice is given. (2) An infringement notice offence is an offence against a provision of the Act specified in Schedule 3. 22 When infringement notice may be given An authorised officer may give an infringement notice to a person whom the officer believes on reasonable grounds committed an infringement offence. 23 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person to whom it is issued, if known; (b) the date the infringement notice is given to the person; (c) the date and time of the infringement notice offence and the place at which the infringement notice offence occurred; (d) a description of the offence; (e) the infringement amount payable for the offence; (f) the enforcement agency to which the infringement amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the infringement amount to the specified enforcement agency within 28 days after the notice is given; Part 4 Compliance and enforcement Division 1 Infringement notice offences Animal Protection Regulations 2022 10 (b) the person may elect to have the matter dealt with by a court by: (i) completing a statement of election and giving it to the specified enforcement agency; and (ii) not paying the infringement amount; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001. (3) The infringement notice must include an appropriate form for making the statement of election referred to in subregulation (2)(b). 24 Effective date of payment methods (1) Payment of the infringement amount by electronic means takes effect when the amount is credited to the payee's bank account. (2) Payment of the infringement amount by cheque takes effect when the cheque is cleared on first presentation. 25 Expiation of offence If the infringement amount for the infringement notice offence is paid in accordance with the infringement notice, the alleged offence is expiated and no further proceedings can be taken in relation to the offence. 26 Withdrawal of infringement notice (1) An authorised officer may withdraw an infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the infringement amount. 27 Effect of Division (1) This Division does not: (a) prejudice or affect the start or continuation of a proceeding for an infringement offence unless the offence is expiated; or (b) limit the penalty that may be imposed by a court for the offence; or Part 5 Transitional matters Animal Protection Regulations 2022 11 (c) prevent more than one infringement notice for the same infringement offence being given to a person; or (d) require an infringement notice to be given for an infringement offence; or (e) affect the liability of a person to be prosecuted in a court for an infringement notice offence for which an infringement notice was not given. (2) If more than one infringement notice for the same offence is given to a person, the person may expiate the offence by paying the infringement amount in accordance with any of the notices. Division 2 Other matters 28 Contents of improvement notice For section 75(4) of the Act, an improvement notice must contain the following information: (a) the name of the person to whom it is issued; (b) the specific provision that the authorised officer believes was, is being or is likely to be contravened by the person and the grounds for that belief; (c) the action or activity that the person is required to take or refrain from taking to remedy the contravention and to comply with the provision; (d) the dates or times associated with any requirement in the notice; (e) the person's right to apply to the NTCAT for review of the notice. Part 5 Transitional matters 29 Definition In this Part: commencement means the commencement of section 123 of the Act. Part 5 Transitional matters Animal Protection Regulations 2022 12 30 Authority for Part The regulations in this Part are made under section 129 of the Act. Note for regulation 30 Under section 129(5) of the Act, the regulations under this Part expire 1 year after the commencement of the Act. 31 Licence applications not determined before commencement (1) An application for a licence to use premises for teaching or research under section 30 of the repealed Act that is not determined before the commencement is taken to be an application for registration and is to be determined in accordance with the considerations applicable under section 42 of the Act. (2) An application for variation of a licence to use premises for teaching or research under section 36 of the repealed Act that is not determined before the commencement is taken to be an application for variation of a registration and is to be determined under section 46 of the Act. 32 Permit applications not determined before commencement (1) An application for a permit to conduct a teaching or research program under section 44 of the repealed Act that is not determined before the commencement is taken to be an application for project approval under section 59 of the Act and is to be determined under section 61 of the Act. (2) An application for variation of a permit to conduct a teaching or research program under section 50 of the repealed Act that is not determined before the commencement is taken to be an application for variation of project approval and is to be determined under section 64 of the Act. 33 Animal Welfare Advisory Committee (1) The persons holding office immediately before the commencement as members of the Animal Welfare Advisory Committee under the repealed Act continue to: (a) hold office as members of the Advisory Committee immediately after the commencement in accordance with the terms and conditions of their appointment; and (b) represent the interests of the bodies referred to in regulation 10 for which they were appointed. Part 5 Transitional matters Animal Protection Regulations 2022 13 (2) The person holding office immediately before the commencement as chairperson of the Animal Welfare Advisory Committee under the repealed Act continues to hold office as chairperson of the Advisory Committee immediately after the commencement in accordance with the terms and conditions of the person's appointment. 34 Codes of practice (1) The adoption of any code of practice by the Minister under section 24 of the repealed Act is revoked. (2) Despite subregulation (1), any licence issued under the repealed Act that is subject to a code of practice revoked under subregulation (1) remains subject to that code until the earlier of the following: (a) the day the licence is amended to remove the code as a condition; (b) 1 year after the commencement. Schedule 1 Codes of practice Animal Protection Regulations 2022 14 Schedule 1 Codes of practice regulation 4 Item Code of Practice 1 Australian Animal Welfare Standards and Guidelines – Land Transport of Livestock (Edition 1, Version:1.1), Animal Health Australia, 21 September 2012 2 Australian Animal Welfare Standards and Guidelines – Livestock at Saleyards and Depots (Edition 1, Version: 1.0), Department of Economic Development, Jobs, Transport and Resources, The Victorian Government, 23 February 2018 3 Australian Animal Welfare Standards and Guidelines for Cattle (Edition 1, Version 1.0), Animal Health Australia, January 2016 4 Bowhunting Code of Ethics, Australian Bowhunters Association Inc., 12 July 2017 5 Code of Conduct, Australian Pig Doggers and Hunters Association Inc., April 2005 6 Code of Practice for the Humane Hunting of Animals in the Northern Territory when using Firearms, Northern Territory Firearms Council, April 2020 7 Code of Practice on the Humane Treatment of Wild and Farmed Australian Crocodiles, Natural Resource Management Ministerial Council (NRMMC), 2009 8 Guidelines for the Care and Welfare of Animals in Retail Pet Shops, Northern Territory Animal Welfare Advisory Committee, 2008 9 Guidelines for the Care and Welfare of Caged Birds, Northern Territory Animal Welfare Advisory Committee, 2008 10 Model Code of Practice for the Welfare of Animals – Land Transport of Poultry (2nd Edition), Primary Industries Standing Committee, PISC Report 91, CSIRO Publishing, 2006 11 Model Code of Practice for the Welfare of Animals – Feral Livestock Animals – Destruction or Capture, Handling and Marketing, SCARM Report 34, CSIRO Publishing, 2002 12 Model Code of Practice for the Welfare of Animals – Pigs (3rd Edition), CSIRO Publishing, May 2008 Schedule 1 Codes of practice Animal Protection Regulations 2022 15 Item Code of Practice 13 National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (2nd Edition), AgriFutures Australia Publication No. 20-126, 18 November 2020 14 National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Non-Commercial Purposes (1st Edition), endorsed by the Natural Resource Management Ministerial Council (NRMMC), 7 November 2008 15 Standards for the Care and Treatment of Rodeo Livestock, National Consultative Committee on Animal Welfare (NCCAW), Position Statement, 10 June 2006 Schedule 2 Excluded electrical devices Animal Protection Regulations 2022 16 Schedule 2 Excluded electrical devices regulation 9 Item Column 1 Electrical device Column 2 Purpose Column 3 Animal Column 4 Conditions 1 Electric stock prod Driving, herding, mustering or controlling animals Cattle, crocodiles, buffalo, camels and swine None Controlling animals at a rodeo Horses None 2 Electric stunning device Stunning of animals in abattoirs Cattle, buffalo, sheep, goats and swine None 3 Electric training collar (excluding a collar operated by a remote control device) Training of animals Dogs Must be used in accordance with the manufacturer's instructions 4 Electro-ejaculator Collecting semen from conscious animals Cattle, buffalo and sheep None Collecting semen from tranquillised or anaesthetised animals All species of animal including cattle, buffalo and sheep None 5 Electro immobiliser Restraining animals Cattle and buffalo Must not be used as an alternative to analgesia or anaesthesia if one of those options is the preferred procedure under appropriate animal husbandry practices Schedule 2 Excluded electrical devices Animal Protection Regulations 2022 17 Item Column 1 Electrical device Column 2 Purpose Column 3 Animal Column 4 Conditions 6 Electro-stunner Restraining animals Crocodiles Must not be used as an alternative to analgesia or anaesthesia if one of those options is the preferred procedure under appropriate animal husbandry practices 7 Electronic fencing systems using collars and transmitters Containment of animals Dogs and cats Must be used in accordance with the manufacturer's instructions 8 Virtual fencing systems using collars and GPS systems Containment of animals Livestock Must be used in accordance with the manufacturer's instructions Schedule 3 Infringement notice offences and infringement amounts Animal Protection Regulations 2022 18 Schedule 3 Infringement notice offences and infringement amounts regulation 21 Provision of the Act Infringement amount section 12(3) 3 penalty units section 17(1) 1 penalty unit section 26(1) 2 penalty units section 28(4) 2 penalty units section 29(1) 4 penalty units section 29(2) 3 penalty units section 29(3) 1 penalty unit section 30(1) 4 penalty units section 30(2) 3 penalty units section 30(4) 1 penalty unit section 31(1) or (2) 4 penalty units section 31(3) 3 penalty units section 31(5) 1 penalty unit section 32(5) 4 penalty units section 33(1) 4 penalty units section 34(1) 3 penalty units section 72(1) 4 penalty units section 74(3) 5 penalty units section 75(7) 5 penalty units section 81(2) 1 penalty unit section 88(3) 5 penalty units Schedule 3 Infringement notice offences and infringement amounts Animal Protection Regulations 2022 19 Provision of the Act Infringement amount section 90(7) 5 penalty units section 92(7) 3 penalty units ENDNOTES Animal Protection Regulations 2022 20 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Animal Protection Regulations 2022 (SL No. 14, 2022) Notified 13 October 2022 Commenced 1 November 2022 (r 2, s 2 Animal Protection Act 2018 (Act No. 25, 2018) and Gaz S 55, 1 November 2022)