Animal Welfare Regulations

NORTHERN TERRITORY OF AUSTRALIA ANIMAL WELFARE REGULATIONS As in force at 26 June 2013 Table of provisions Part 1 Preliminary 1 Citation ...................................................................................... 1 2 Definitions .................................................................................. 1 Part 2 Animal welfare 4 Authorised use etc. of electrical devices ....................................... 2 Part 3 Teaching or research involving animals 4A Content of annual report ............................................................. 2 5 Animal ethics committees ........................................................... 3 Part 4 Animal Welfare Advisory Committee 6 Membership ............................................................................... 4 7 Chairperson ............................................................................... 4 8 Duration of appointment – representative member ........................ 4 8A Duration of appointment – appointed member .............................. 5 9 Termination of appointment ......................................................... 5 11 Meetings .................................................................................... 5 12 Validity of actions ....................................................................... 6 13 Annual report ............................................................................. 6 Part 5 Infringement notices 14 Infringement notice offence and prescribed amount payable ......... 7 15 When infringement notice may be given ....................................... 7 16 Contents of infringement notice ................................................... 7 17 Payment by cheque .................................................................... 8 18 Withdrawal of infringement notice ................................................ 8 19 Application of Part ...................................................................... 8 Part 6 Transitional matters for Animal Welfare Amendment Regulations 2013 20 Definitions .................................................................................. 9 21 Members of Advisory Committee ................................................. 9 22 Chairperson of Advisory Committee........................................... 10 Animal Welfare Regulations ii Schedule 1 Schedule 2 Infringement notice offences and prescribed amounts ENDNOTES NORTHERN TERRITORY OF AUSTRALIA As in force at 26 June 2013 ANIMAL WELFARE REGULATIONS Regulations under the Animal Welfare Act Part 1 Preliminary 1 Citation These Regulations may be cited as the Animal Welfare Regulations. 2 Definitions In these Regulations, unless the contrary intention appears: appointed member means a member appointed under regulation 6(j). appointing body, for a representative member, means the body that appointed the member under any of regulation 6(a) to (i). chairperson means the chairperson of the Advisory Committee elected under regulation 7. code of practice means the publication entitled "Australian code of practice for the care and use of animals for scientific purposes", published by the National Health and Medical Research Council (or its successor), as revised and renamed from time to time. infringement notice, see regulation 15. infringement notice offence, see regulation 14(1). member means a member of the Advisory Committee. prescribed amount, see regulation 14(2). representative member means a member appointed under any of regulation 6(a) to (i). Part 3 Teaching or research involving animals Animal Welfare Regulations 2 Part 2 Animal welfare 4 Authorised use etc. of electrical devices (1) For the purposes of section 19(2)(a) or (b) of the Act, a person is authorised to sell an electrical device or have an electrical device in his or her possession if the device is specified in column 1 of Schedule 1 and is made or adapted for the purpose specified opposite in column 2. (2) For the purposes of section 19(2)(c) of the Act, a person is authorised to use an electrical device specified in column 1 of Schedule 1 only if the device is made or adapted and used for the purpose specified opposite in column 2 and is used on an animal specified opposite in column 3 in accordance with the condition (if any) specified opposite in column 4. (3) Despite subregulation (2), a person must not use an electrical device on an animal by applying it to the face, udders or genitals of the animal. Part 3 Teaching or research involving animals 4A Content of annual report (1) For section 34A(2)(a) of the Act, an annual report prepared by a licensee must contain the following information about the licensee: (a) the licensee's name and licence number; (b) details of each complaint received by the licensee about the licensee's use of animals in teaching or research during the year. (2) For section 34A(2)(b) of the Act, the annual report must contain the following information about the licensee's ethics committee: (a) the name and contact details of the committee; (b) the name of each member of the committee; (c) how each member of the committee is qualified, under the code of practice, for membership; (d) the following information about inspections of animal housing and laboratory areas at the licensed premises conducted by the committee during the year: (i) the number of inspections conducted; Part 3 Teaching or research involving animals Animal Welfare Regulations 3 (ii) each problem identified during an inspection; (iii) the action taken to rectify the problem, and the outcome of the action. (3) For section 34A(2)(c) of the Act, the annual report must contain the following information about each permit holder employed or engaged by the licensee: (a) the name and contact details of the permit holder; (b) the following information about each project conducted by the permit holder within a teaching or research program during the year: (i) the name of the project; (ii) the purpose of the project; (iii) the duration of the project; (iv) a brief description of the teaching or research conducted during the project; (v) the number of animals used in the project; (vi) a description of the animals, including the class and species of the animals; (vii) the source of the animals; (viii) each place at which procedures were conducted on the animals; (ix) each place at which the animals were housed; (x) details of each complaint received by the licensee about the permit holder's use of the animals during the year. 5 Animal ethics committees For the purposes of section 41 of the Act, an animal ethics committee: (a) is to be established, constituted and maintained in accordance with; and (b) has the powers and functions specified in, the code of practice. Part 4 Animal Welfare Advisory Committee Animal Welfare Regulations 4 Part 4 Animal Welfare Advisory Committee 6 Membership For section 69(2) of the Act, the Advisory Committee is constituted by 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 this provision; (e) if the Agency mentioned in paragraph (d) is not the Agency primarily responsible for primary industry – one person appointed by that Agency; (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) one person appointed by each additional body nominated by the Minister by Gazette notice; (j) any other person appointed by the Minister. 7 Chairperson The Advisory Committee must elect a member to be the chairperson of the Committee. 8 Duration of appointment – representative member (1) A representative member holds office for the period determined by the appointing body. (2) A person ceases to be a representative member if: (a) the person resigns by giving written notice to the appointing body; or Part 4 Animal Welfare Advisory Committee Animal Welfare Regulations 5 (b) the person's appointment is terminated: (i) by the appointing body; or (ii) under regulation 9. (3) If there is a vacancy in the office of a representative member, the appointing body must make another appointment to the office. 8A Duration of appointment – appointed member (1) An appointed member holds office for the period (not exceeding 3 years) specified in the instrument of appointment and is eligible for reappointment. (2) A person ceases to be an appointed member if: (a) the person resigns by giving written notice to the Minister; or (b) the person's appointment is terminated under regulation 9. 9 Termination of appointment (1) The Minister may terminate the appointment of a member for inability, inefficiency, misbehaviour or physical or mental incapacity. (2) The Minister must terminate the appointment of a member who: (a) is absent from 3 consecutive meetings of the Advisory Committee without the leave of the Committee; or (b) becomes bankrupt. 11 Meetings (1) The Advisory Committee must hold at least 2 meetings each year. (2) The chairperson: (a) may convene a meeting of the Advisory Committee at any time; and (b) must convene a meeting of the Advisory Committee, as soon as practicable, if requested in writing to do so by the Minister or 4 other members. (3) The quorum at a meeting of the Advisory Committee is 4 members. (3A) If a representative member is unable to attend a meeting of the Advisory Committee, the appointing body may, in writing, appoint a person to attend the meeting as the member's proxy. Part 4 Animal Welfare Advisory Committee Animal Welfare Regulations 6 (3B) If an appointed 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. (3C) 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. (4) Subject to subregulation (5), the Advisory Committee may from time to time determine the procedures to be followed at or in connection with its meetings. (5) A question arising at a meeting of the Advisory Committee is to be decided by a majority of the members present and voting and the chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote. 12 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 under regulation 11(3C)(b); or (c) a person has acted in office after the termination of his or her appointment as a member. 13 Annual report (1) The Advisory Committee must submit an annual report to the Minister on or before 30 September each year in relation to the financial year ending on the preceding 30 June. (2) The annual report is to be in a form approved by the Minister. Part 5 Infringement notices Animal Welfare Regulations 7 Part 5 Infringement notices 14 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 2. (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 2. 15 When infringement notice may be given If an inspector or officer reasonably believes a person has committed an infringement notice offence, the inspector or officer may give a notice (an infringement notice) to the person. 16 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act, to whom the prescribed 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 prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; Part 5 Infringement notices Animal Welfare Regulations 8 (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 17 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 18 Withdrawal of infringement notice (1) The Authority may withdraw the 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 prescribed amount. 19 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or Part 6 Transitional matters for Animal Welfare Amendment Regulations 2013 Animal Welfare Regulations 9 (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Part 6 Transitional matters for Animal Welfare Amendment Regulations 2013 20 Definitions In this Part: commencement means the commencement of this regulation. new, for a provision of these regulations, means the provision as in force immediately after commencement. old, for a provision of these regulations, means the provision as in force immediately before commencement. 21 Members of Advisory Committee (1) This regulation applies to a person who was a member immediately before commencement. (2) If the person was appointed as a member to represent the interests of the body mentioned in old regulation 6(2)(a), the person continues to be a member as if the person had been appointed by the body mentioned in new regulation 6(a). (3) If the person was appointed as a member to represent the interests of a body mentioned in any of old regulation 6(2)(b) to (h), the person continues to be a member as if the person had been appointed by the body under any of new regulation 6(b) to (h). (4) If the person was appointed as a member to represent the interests of a body mentioned in old regulation 6(2)(j): (a) the body is taken to have been nominated by the Minister under new regulation 6(i); and Part 6 Transitional matters for Animal Welfare Amendment Regulations 2013 Animal Welfare Regulations 10 (b) the person continues to be a member as if the person had been appointed by the body under new regulation 6(i). (5) If the person was appointed as a member under old regulation 6(4), the person continues to be a member as if the person had been appointed by the Minister under new regulation 6(j). 22 Chairperson of Advisory Committee The person appointed as the Chairperson of the Advisory Committee under old regulation 7(1) and holding that office immediately before commencement continues to hold office as chairperson as if the person had been appointed under new regulation 7(1). Schedule 1 Animal Welfare Regulations 11 Schedule 1 regulation 4 Column 1 Electrical device Column 2 Purpose Column 3 Animal Column 4 Condition Electric stock prod Driving, herding, mustering or controlling animals Cattle, buffalo, camels and swine Controlling animals at a rodeo Horses Electric stunning device Electrical stunning of animals in abattoirs Cattle, buffalo, sheep, goats and swine Electric training collar (excluding a collar operated by a remote control device) Training of animals Dogs Only to be used strictly in accordance with the manufacturer's instructions in respect of the use of the collar Electro-ejaculator Collecting semen from conscious animals Cattle, buffalo and sheep Collecting semen from tranquillised or anaesthetised animals All species of animal including cattle, buffalo and sheep Electro immobiliser Restraining animals Cattle, buffalo and crocodiles Not to be used as an alternative to analgesia or anaesthesia if one of those options is the preferred procedure under appropriate animal husbandry practices Schedule 1 Animal Welfare Regulations 12 Fence known as an invisible fence Containment of animals Dogs Only to be used strictly in accordance with the manufacturer's instructions in respect of the use of the fence Schedule 2 Infringement notice offences and prescribed amounts Animal Welfare Regulations 13 Schedule 2 Infringement notice offences and prescribed amounts regulation 14 Provision of Act Prescribed amount (penalty units) section 18(2) 1 section 19(2) 1 section 20(1) 1 section 20(2) 1 section 21(1) 1 section 29(1) 2 section 76A(3) 1 ENDNOTES Animal Welfare Regulations 14 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 Welfare Regulations (SL No. 14, 2000) Notified 27 March 2000 Commenced 27 March 2000 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Amendments of Animal Welfare Regulations (SL No. 1, 2004) Notified 28 January 2004 Commenced 28 January 2004 Animal Welfare Amendment Act 2004 (Act No. 24, 2004) Assent date 28 April 2004 Commenced 28 April 2004 Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Assent date 15 September 2004 Commenced 27 October 2004 (Gaz G34, 27 October 2004, p 3) Animal Welfare Amendment Regulations 2013 (SL No. 23, 2013) Notified 26 June 2013 Commenced 26 June 2013 ENDNOTES Animal Welfare Regulations 15 3 LIST OF AMENDMENTS r 2 amd No. 23, 2013, r 3 r 3 rep Act No. 24, 2004, s 5 r 4A ins No. 23, 2013, r 4 r 5 amd No. 23, 2013, r 5 r 6 amd Act No. 17, 2001, s 22; Act No 54, 2004, s 8 sub No. 23, 2013, r 6 rr 7 – 8 sub No. 23, 2013, r 6 r 8A ins No. 23, 2013, r 6 r 9 amd No. 23, 2013, r 11 r 10 rep No. 23, 2013, r 8 r 11 amd No. 23, 2013, rr 7 and 11 r 12 amd No. 23, 2013, r 11 pt 5 hdg sub No. 23, 2013, r 8 rr 14 – 19 sub No. 23, 2013, r 8 r 20 rep No. 23, 2013, r 8 pt 6 hdg ins No. 23, 2013, r 9 rr 20 – 22 ins No. 23, 2013, r 9 sch 1 amd No. 1, 2004 sch 2 sub No. 23, 2013, r 10