Animal Welfare Regulation 2001

Australian Capital Territory Animal Welfare Regulation 2001 SL2001-26 made under the Animal Welfare Act 1992 Republication No 11 Effective: 1 July 2014 Republication date: 1 July 2014 Last amendment made by SL2014-13 Unauthorised version prepared by ACT Parliamentary Counsel’s Office http://www.legislation.act.gov.au/sl/2014-13 Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Animal Welfare Regulation 2001, made under the Animal Welfare Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2014. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2014. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $140 for an individual and $700 for a corporation (see Legislation Act 2001, s 133). http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 contents 1 Unauthorised version prepared by ACT Parliamentary Counsel's Office Australian Capital Territory Animal Welfare Regulation 2001 made under the Animal Welfare Act 1992 Contents Page Part 1 Preliminary 1 Name of regulation 2 2 Dictionary 2 3 Notes 2 4 Offences against regulation—application of Criminal Code etc 3 Part 2 Animal welfare offences 5 Prescribed electrical devices and animals—Act, s 13 4 Part 3 Research, teaching and breeding 6 Prescribed animals—Act, s 25 (2) (c) 5 6A Licence conditions—Act, s 28 5 Contents Page contents 2 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office 6B Authorisation conditions—Act, s 39 6 7 Animal ethics committees—Act, s 50 and dict 6 Part 4 Circuses and travelling zoos 7A Circus permit condition—Act, s 56 8 7B Travelling zoo permit condition—Act, s 56 8 Part 5 Animal trapping 7C Prohibited traps—Act, s 60 9 7D Trapping permit condition—Act, s 65 9 Part 6 Commercial egg production Division 6.1 Preliminary 8 Definitions—pt 6 10 9 Meaning of keeps a laying fowl—pt 6 11 Division 6.3 General food and water requirements 18 Offences—failure to provide adequate food and water 11 Division 6.4 Inspection requirements 20 Offence—failure to carry out inspection 12 21 Offence—unsatisfactory inspection 12 22 Offence—failure to act after inspection in relation to injured or sick fowl 13 23 Offence—failure to act after inspection in relation to water etc 14 24 Offence—failure to keep inspection records 15 Division 6.5 Management practices 25 Offence—blinkers etc 15 Schedule 1 Permitted uses of electrical devices on animals 16 Schedule 2 Animals permitted to be used for teaching in certain schools 17 Part 2.1 Amphibians 17 Part 2.2 Birds 17 Contents Page R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 contents 3 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.3 Fish 18 Part 2.4 Mammals 18 Dictionary 19 Endnotes 1 About the endnotes 20 2 Abbreviation key 20 3 Legislation history 21 4 Amendment history 23 5 Earlier republications 27 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 1 Unauthorised version prepared by ACT Parliamentary Counsel's Office Australian Capital Territory Animal Welfare Regulation 2001 made under the Animal Welfare Act 1992 http://www.legislation.act.gov.au/a/1992-45 Part 1 Preliminary Section 1 page 2 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 1 Preliminary 1 Name of regulation This regulation is the Animal Welfare Regulation 2001. 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation. For example, the signpost definition ‘fowl, for part 6 (Commercial egg production)—see section 8’ means that the term ‘fowl’ is defined in that section for part 6. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 Preliminary Part 1 Section 4 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 3 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4 Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Part 2 Animal welfare offences Section 5 page 4 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2 Animal welfare offences 5 Prescribed electrical devices and animals—Act, s 13 The Act, section 13 does not apply to the use by a person of an electrical device mentioned in an item of schedule 1 on an animal mentioned in the same item of that schedule. Note The Act, s 13 prohibits the administration of a shock to an animal, except in a manner authorised under a territory law. http://www.legislation.act.gov.au/a/1992-45/ http://www.legislation.act.gov.au/a/1992-45/ Research, teaching and breeding Part 3 Section 6 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 5 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3 Research, teaching and breeding 6 Prescribed animals—Act, s 25 (2) (c) The Act, section 25 does not apply to a person who uses an animal mentioned in schedule 2 for teaching purposes in a preschool or primary school. Note The Act, s 25 (1) prohibits the use or breeding of an animal for research or teaching. 6A Licence conditions—Act, s 28 A licence is subject to the following conditions: (a) that the licensee must, in accordance with the Act, establish and maintain— (i) an animal ethics committee; or (ii) appropriate arrangements with an existing animal ethics committee for that committee to exercise the functions of an animal ethics committee in relation to the licensee's activities; (b) that, if the authority asks the licensee for information or a document under the Act, section 31 (Licensees—request for information and documents), the licensee must give the information or document to the authority; (c) that the licensee must comply with any direction of the animal ethics committee issued under the Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). http://www.legislation.act.gov.au/a/1992-45/ http://www.legislation.act.gov.au/a/1992-45/ http://www.legislation.act.gov.au/a/1992-45/ http://www.legislation.act.gov.au/a/2001-14 Part 3 Research, teaching and breeding Section 6B page 6 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office 6B Authorisation conditions—Act, s 39 An authorisation is subject to the following conditions: (a) that, if the animal ethics committee asks the authorisation holder for information or a document under the Act, section 43 (Authorisation holders—request for information and documents), the person must give the information or document to the committee; (b) that the authorisation holder must comply with any direction of the animal ethics committee issued under the Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). 7 Animal ethics committees—Act, s 50 and dict (1) An animal ethics committee established in accordance with the code is an animal ethics committee for the Act. (2) The constitution and functions of an animal ethics committee are the constitution and functions set out in the code. (3) An animal ethics committee for a licence must report annually to the authority about the following in relation to the animals that the committee has approved for use or breeding by the licensee: (a) how many animals were used or bred; (b) the species of the animals. Note If a form is approved under the Act, s 110A for the report, the form must be used. (4) A report under subsection (3) must be given to the authority within 4 months after each 30 June. http://www.legislation.act.gov.au/a/1992-45/ http://www.legislation.act.gov.au/a/2001-14 http://www.nhmrc.gov.au/guidelines/publications/ea16 http://www.nhmrc.gov.au/guidelines/publications/ea16 http://www.legislation.act.gov.au/a/1992-45/ Research, teaching and breeding Part 3 Section 7 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 7 Unauthorised version prepared by ACT Parliamentary Counsel's Office (5) The Legislation Act, section 47 (6) does not apply to the code. Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). Note 2 A notifiable instrument must be notified under the Legislation Act. (6) In this section: code means the Australian code of practice for the care and use of animals for scientific purposes, published by the National Health and Medical Research Council, as in force from time to time. Note The code may be accessed at www.nhmrc.gov.au. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.nhmrc.gov.au/guidelines/publications/ea16 Part 4 Circuses and travelling zoos Section 7A page 8 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 4 Circuses and travelling zoos 7A Circus permit condition—Act, s 56 A circus permit is subject to the condition that the circus permit-holder must not include in the circus troupe a prohibited animal, whether or not for the purpose of using the animal in the circus. 7B Travelling zoo permit condition—Act, s 56 A travelling zoo permit is subject to the condition that the travelling zoo permit-holder must not include as part of the travelling zoo a prohibited animal, whether or not for the purpose of using the animal in the travelling zoo. Animal trapping Part 5 Section 7C R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 9 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 5 Animal trapping 7C Prohibited traps—Act, s 60 (1) The following are prohibited traps: (a) glue trap; (b) metal-toothed rodent trap. (2) In this section: glue trap means a trap (however described) that contains glue, or another viscid substance, that is non-drying. metal-toothed rodent trap means a trap (however described) that has a spring-loaded metal arm and metal-toothed edge around the trap’s base. 7D Trapping permit condition—Act, s 65 A trapping permit is subject to the condition that, if the authority asks the trapping permit-holder for information or a document under the Act, section 68 (Trapping permit-holders—request for information and documents), the permit-holder must give the information or document to the authority. http://www.legislation.act.gov.au/a/1992-45/ Part 6 Commercial egg production Division 6.1 Preliminary Section 8 page 10 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 6 Commercial egg production Division 6.1 Preliminary 8 Definitions—pt 6 In this part: adequate food, for a laying fowl, means food that— (a) contains enough nutrients for the good health and vitality of the fowl; and (b) is of sufficient quantity to meet the physiological needs of the fowl; and (c) is not harmful to the fowl. adequate water, for a laying fowl, means water that— (a) is at a temperature and of a quality that the fowl will drink; and (b) is of sufficient quantity and quality to meet the physiological needs of the fowl; and (c) is not harmful to the fowl. cup drinker means a cup that— (a) is attached to a water line; and (b) has a lever or other device in it; and (c) is filled with water if pressure is applied to the lever or device. drinker means a nipple drinker or a cup drinker, but does not include a splash cup located under a nipple drinker. Commercial egg production Part 6 General food and water requirements Division 6.3 Section 9 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 11 Unauthorised version prepared by ACT Parliamentary Counsel's Office feeder means the container or equipment from which a laying fowl eats and includes— (a) a food trough; and (b) a conveyor line or belt carrying food to the fowl. fowl means a domesticated chicken (Gallus gallus). layer pullet means a female fowl less than 16 weeks old. laying fowl means a fowl, other than a layer pullet, which is bred, kept or used for commercial egg production. nipple drinker means a nipple that is attached to a water line. shed means a structure of any kind that has a roof and walls and is used to keep laying fowl. 9 Meaning of keeps a laying fowl—pt 6 For this part, a person keeps a laying fowl if the person— (a) owns a facility used for commercial egg production; and (b) has a laying fowl at the facility. Division 6.3 General food and water requirements 18 Offences—failure to provide adequate food and water (1) A person commits an offence if the person— (a) keeps a laying fowl; and (b) fails to provide adequate food for the fowl at least once every 24 hours. Maximum penalty: 10 penalty units. (2) A person commits an offence if the person— (a) keeps a laying fowl; and Part 6 Commercial egg production Division 6.4 Inspection requirements Section 20 page 12 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office (b) fails to provide adequate water for the fowl at least once every 24 hours. Maximum penalty: 10 penalty units. (3) An offence against this section is a strict liability offence. Division 6.4 Inspection requirements 20 Offence—failure to carry out inspection (1) A person commits an offence if the person— (a) keeps a laying fowl; and (b) fails to inspect, or fails to arrange for another person to inspect, the following at least once every 24 hours: (i) the fowl; (ii) a water trough, drinker or feeder provided for the fowl; (iii) if the fowl is kept in a shed—an electronic or mechanical system controlling light, humidity, temperature or ventilation in the shed. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 21 Offence—unsatisfactory inspection (1) A person commits an offence if— (a) the person keeps a laying fowl; and (b) the person carried out, or arranged for another person to carry out, an inspection mentioned in section 20 (1) (b); and (c) the inspection did not cover 1 or more of the following: (i) for an inspection of a fowl—assessing the fowl’s health and checking for any injury; Commercial egg production Part 6 Inspection requirements Division 6.4 Section 22 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 13 Unauthorised version prepared by ACT Parliamentary Counsel's Office (ii) for an inspection of a water trough—checking whether there is water in the trough; (iii) for an inspection of a drinker, or an electronic or mechanical drinking system—checking the operation of the drinker or system; (iv) for an inspection of a feeder—checking— (A) whether there is food in or on the feeder; and (B) if there is food in or on the feeder—whether the food is contaminated; and (C) if the feeder is electronically or mechanically operated—the operation of the feeder. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 22 Offence—failure to act after inspection in relation to injured or sick fowl (1) A person commits an offence if the person— (a) keeps a laying fowl; and (b) carries out, or arranges for another person to carry out, an inspection mentioned in section 20 (1) (b) (i); and (c) fails, or fails to arrange for another person, after the inspection is carried out, to immediately destroy the fowl, or arrange for it to be treated, if it is injured or sick. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. Part 6 Commercial egg production Division 6.4 Inspection requirements Section 23 page 14 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office 23 Offence—failure to act after inspection in relation to water etc (1) A person commits an offence if the person— (a) keeps a laying fowl; and (b) carries out, or arranges for another person to carry out, an inspection mentioned in section 20 (1) (b) (ii) or (iii); and (c) fails, or fails to arrange for another person, to do any of the following after the inspection is carried out: (i) if a water trough provided for the fowl has little or no water in the trough—provide the fowl with adequate water; (ii) if a drinker or an electronic or mechanical drinking system provided for the fowl is not operating correctly— take reasonable steps to correct the operation of the drinker or system, and provide the fowl with adequate water; (iii) if a feeder provided for the fowl has little or no food in or on the feeder—provide the fowl with adequate food; (iv) if the food in or on a feeder is contaminated—replace the contaminated food with food that is not contaminated, and take reasonable steps to prevent future contamination of food provided by the feeder; (v) if an electronically or mechanically operated feeder is not operating correctly—take reasonable steps to correct the operation of the feeder. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. Commercial egg production Part 6 Management practices Division 6.5 Section 24 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 15 Unauthorised version prepared by ACT Parliamentary Counsel's Office 24 Offence—failure to keep inspection records (1) A person commits an offence if the person— (a) keeps a laying fowl; and (b) fails to keep a record— (i) of each inspection of the matters mentioned in section 21 (1) (c); and (ii) of the actions mentioned in section 22 (1) (c) and section 23 (1) (c); and (iii) for at least 1 year after the record is made. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. Division 6.5 Management practices 25 Offence—blinkers etc (1) A person commits an offence if the person— (a) keeps a laying fowl; and (b) applies, or allows another person to apply, blinkers or any other vision impairing equipment to the fowl. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. Schedule 1 Permitted uses of electrical devices on animals page 16 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 1 Permitted uses of electrical devices on animals (see s 5) column 1 item column 2 permitted electrical device column 3 permitted species of animal 1 electro-ejaculator cattle and sheep 2 electric stock prod cattle and pigs 3 electric fence animals other than poultry or domestic animals Animals permitted to be used for teaching in certain schools Schedule 2 Amphibians Part 2.1 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 17 Unauthorised version prepared by ACT Parliamentary Counsel's Office Schedule 2 Animals permitted to be used for teaching in certain schools (see s 6) Part 2.1 Amphibians column 1 item column 2 animal 1 axolotl 2 frog Part 2.2 Birds column 1 item column 2 animal 3 budgerigar 4 chicken 5 cockatiel 6 finch 7 pigeon 8 quail Schedule 2 Animals permitted to be used for teaching in certain schools Part 2.3 Fish page 18 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2.3 Fish column 1 item column 2 animal 9 goldfish 10 guppy 11 platy 12 silver perch 13 sword tail Part 2.4 Mammals column 1 item column 2 animal 14 guinea pig 15 mouse 16 rabbit 17 rat Dictionary R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 19 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:  maximum penalty  person (see s 160). Note 3 Terms used in this regulation have the same meaning that they have in the Animal Welfare Act 1992 (see Legislation Act, s 148). For example, the following terms are defined in the Animal Welfare Act 1992, dict:  animal  animal ethics committee  authority. adequate food, for a laying fowl, for part 6 (Commercial egg production)—see section 8. adequate water, for a laying fowl, for part 6 (Commercial egg production)—see section 8. cup drinker, for part 6 (Commercial egg production)—see section 8. drinker, for part 6 (Commercial egg production)—see section 8. feeder, for part 6 (Commercial egg production)—see section 8. fowl, for part 6 (Commercial egg production)—see section 8. keeps a laying fowl, for part 6—see section 9. layer pullet, for part 6 (Commercial egg production)—see section 8. laying fowl, for part 6 (Commercial egg production)—see section 8. nipple drinker, for part 6 (Commercial egg production)—see section 8. shed, for part 6 (Commercial egg production)—see section 8. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/1992-45 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/1992-45 Endnotes 1 About the endnotes page 20 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Endnotes Legislation history 3 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 21 Unauthorised version prepared by ACT Parliamentary Counsel's Office 3 Legislation history This regulation was originally the Animal Welfare Regulations 2001. It was renamed under the Legislation Act 2001. Animal Welfare Regulation 2001 SL2001-26 notified 2 August 2001 (Gaz 2001 No 31) commenced 2 August 2001 (s 2) as amended by Statute Law Amendment Act 2002 A2002-30 pt 3.3 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.3 commenced 17 September 2002 (s 2 (1)) Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.1 notified LR 11 September 2003 s 1, s 2 commenced 11 September 2003 (LA s 75 (1)) sch 3 pt 3.1 commenced 9 October 2003 (s 2 (1)) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.5 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.5 commenced 24 November 2005 (s 2) Animal Welfare Legislation Amendment Act 2007 A2007-7 pt 3 notified LR 26 March 2007 s 1, s 2 commenced 26 March 2007 (LA s 75 (1)) pt 3 commenced 27 March 2007 (s 2 (1)) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.3 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.3 commenced 22 September 2009 (s 2) Animal Welfare Amendment Regulation 2010 (No 1) SL2010-9 notified LR 17 March 2010 s 1, s 2 commenced 17 March 2010 (LA s 75 (1)) remainder commenced 20 July 2010 (s 2 and CN2010-6) http://www.legislation.act.gov.au/sl/2001-26 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/gaz/2001-31/default.asp http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2003-41 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/cn/2010-6/default.asp Endnotes 3 Legislation history page 22 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Animal Welfare (Factory Farming) Amendment Act 2014 A2014-3 pt 3 notified LR 6 March 2014 s 1, s 2 commenced 6 March 2014 (LA s 75 (1)) pt 3 commenced 7 March 2014 (s 2) Animal Welfare Amendment Regulation 2014 (No 1) SL2014-13 notified LR 30 June 2014 s 1, s 2 commenced 30 June 2014 (LA s 75 (1)) remainder commenced 1 July 2014 (s 2) http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2014-13 Endnotes Amendment history 4 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 23 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4 Amendment history Preliminary pt 1 hdg ins SL2010-9 s 4 Name of regulation s 1 am R4 LA Dictionary s 2 om LA s 89 (4) ins A2007-7 s 32 Meaning of code s 3 orig s 3 om A2007-7 s 32 pres s 3 (prev s 4) renum as s 3 A2007-7 s 33 Notes s 4 orig s 4 renum as s 3 pres s 4 (prev s 4A) ins A2005-54 amdt 1.32 renum as s 4 A2007-7 s 33 Offences against regulation—application of Criminal Code etc s 4A renum as s 4 Animal welfare offences pt 2 hdg ins SL2010-9 s 5 Prescribed electrical devices and animals—Act, s 13 s 5 sub SL2010-9 s 5 Research, teaching and breeding pt 3 hdg ins SL2010-9 s 6 Prescribed animals—Act, s 25 (2) (c) s 6 hdg sub SL2010-9 s 6 Licence conditions—Act, s 28 s 6A ins A2007-7 s 34 Authorisation conditions—Act, s 39 s 6B ins A2007-7 s 34 am A2009-20 amdt 3.7, amdt 3.8 Animal ethics committees—Act, s 50 and dict s 7 sub A2007-7 s 35 am SL2014-13 s 4, s 5 Circuses and travelling zoos pt 4 hdg ins SL2010-9 s 7 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/sl/2014-13 http://www.legislation.act.gov.au/sl/2010-9 Endnotes 4 Amendment history page 24 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Circus permit condition—Act, s 56 s 7A ins A2007-7 s 36 Travelling zoo permit condition—Act, s 56 s 7B ins A2007-7 s 36 Animal trapping pt 5 hdg ins SL2010-9 s 8 Prohibited traps—Act, s 60 s 7C ins A2007-7 s 36 Trapping permit condition—Act, s 65 s 7D ins A2007-7 s 36 Commercial egg production pt 6 hdg ins SL2010-9 s 9 Preliminary div 6.1 hdg ins SL2010-9 s 9 Definitions—pt 6 s 8 am A2002-30 amdt 3.32; A2003-41 amdt 3.1; A2005-54 amdt 1.33; ss renum A2005-54 amdt 1.34 (5), (6) exp 1 January 2008 (s 8 (6)) sub SL2010-9 s 9 def adequate food ins SL2010-9 s 9 def adequate water ins SL2010-9 s 9 def cup drinker ins SL2010-9 s 9 def drinker ins SL2010-9 s 9 def feeder ins SL2010-9 s 9 def floor area ins SL2010-9 s 9 om A2014-3 s 12 def fowl ins SL2010-9 s 9 def layer pullet ins SL2010-9 s 9 def laying fowl ins SL2010-9 s 9 def nipple drinker ins SL2010-9 s 9 def shed ins SL2010-9 s 9 Meaning of keeps a laying fowl—pt 6 s 9 om LA s 89 (3) ins SL2010-9 s 9 Laying fowl kept in cages div 6.2 hdg ins SL2010-9 s 9 om A2014-3 s 13 Offences—failure to provide access to food and water s 10 ins SL2010-9 s 9 om A2014-3 s 13 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2003-41 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 Endnotes Amendment history 4 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 25 Unauthorised version prepared by ACT Parliamentary Counsel's Office Offence—failure to comply with multi-deck structure requirements s 11 ins SL2010-9 s 9 om A2014-3 s 13 Offence—failure to comply with cage floor requirement s 12 ins SL2010-9 s 9 om A2014-3 s 13 Offence—failure to comply with cage height requirements s 13 ins SL2010-9 s 9 om A2014-3 s 13 Offences—failure to comply with cage door requirements s 14 ins SL2010-9 s 9 om A2014-3 s 13 Offence—failure to provide minimum cage floor area for 1 laying fowl s 15 ins SL2010-9 s 9 om A2014-3 s 13 Offence—failure to provide minimum cage floor area for 2 laying fowl s 16 ins SL2010-9 s 9 om A2014-3 s 13 Offences—failure to provide minimum cage floor area for 3 or more laying fowl s 17 ins SL2010-9 s 9 om A2014-3 s 13 General food and water requirements div 6.3 hdg ins SL2010-9 s 9 Offences—failure to provide adequate food and water s 18 ins SL2010-9 s 9 Inspection requirements div 6.4 hdg ins SL2010-9 s 9 Meaning of trapped—div 6.4 s 19 ins SL2010-9 s 9 om A2014-3 s 14 Offence—failure to carry out inspection s 20 ins SL2010-9 s 9 am A2014-3 s 15; pars renum R10 LA Offence—unsatisfactory inspection s 21 ins SL2010-9 s 9 am A2014-3 s 16; pars renum R10 LA http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 Endnotes 4 Amendment history page 26 Animal Welfare Regulation 2001 Effective: 01/07/14 R11 01/07/14 Unauthorised version prepared by ACT Parliamentary Counsel's Office Offence—failure to act after inspection in relation to injured or sick fowl s 22 hdg sub A2014-3 s 17 s 22 ins SL2010-9 s 9 am A2014-3 s 18, s 19 Offence—failure to act after inspection in relation to water etc s 23 ins SL2010-9 s 9 Offence—failure to keep inspection records s 24 ins SL2010-9 s 9 Management practices div 6.5 hdg ins SL2010-9 s 9 Offence—blinkers etc s 25 ins SL2010-9 s 9 Permitted uses of electrical devices on animals sch 1 am A2007-7 s 37 Dictionary dict ins A2007-7 s 38 def adequate food ins SL2010-9 s 10 def adequate water ins SL2010-9 s 10 def code ins A2007-7 s 38 om SL2014-13 s 6 def cup drinker ins SL2010-9 s 10 def drinker ins SL2010-9 s 10 def feeder ins SL2010-9 s 10 def floor area ins SL2010-9 s 10 om A2014-3 s 20 def fowl ins SL2010-9 s 10 def keeps a laying fowl ins SL2010-9 s 10 def layer pullet ins SL2010-9 s 10 def laying fowl ins SL2010-9 s 10 def nipple drinker ins SL2010-9 s 10 def shed ins SL2010-9 s 10 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/sl/2014-13 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/sl/2010-9 Endnotes Earlier republications 5 R11 01/07/14 Animal Welfare Regulation 2001 Effective: 01/07/14 page 27 Unauthorised version prepared by ACT Parliamentary Counsel's Office 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 12 September 2001 2 A2002-30 24 September 2002 3 A2003-41 9 October 2003 4 A2003-41 1 November 2004 5 A2005-54 24 November 2005 6 A2007-7 27 Mar 2007 7 A2007-7 2 January 2008 8 A2009-20 22 September 2009 9 SL2010-9 20 July 2010 10 A2014-3 7 March 2014 © Australian Capital Territory 2014 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2003-41 http://www.legislation.act.gov.au/a/2003-41 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2007-7 http://www.legislation.act.gov.au/a/2009-20 http://www.legislation.act.gov.au/sl/2010-9 http://www.legislation.act.gov.au/a/2014-3/default.asp