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2004-2005 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time National Animal Welfare Bill 2005 No. , 2005 (Senator Bartlett) A Bill for an Act to promote humane, responsible and accountable care, protection and use of domestic animals, livestock, wildlife and animals kept for scientific purposes, and the standards required to achieve this end, and for related purposesIndex] [Search] [Download] [Bill] [Help]Preliminary Part 1 Section 1 Contents Part 1--Preliminary 1 1 Short title ......................................................................................1 2 Commencement .............................................................................2 3 Purposes of Act..............................................................................2 4 How purposes are to be primarily achieved ....................................2 5 Application of Act..........................................................................3 6 Saving of certain State and Territory laws ......................................4 7 Act to bind the Crown....................................................................5 Part 2--National Animal Welfare Authority 6 8 National Animal Welfare Authority................................................6 9 Legal status of Authority................................................................6 10 Constitution of Authority ...............................................................6 11 Terms and conditions of appointment.............................................7 12 Advisory committees......................................................................7 13 Functions and powers of Authority.................................................7 14 Reports and advice to be provided to the Ministerial Council..........................................................................................8 Part 3--Inspection 9 Division 1--General 9 15 Appointment of inspectors .............................................................9 16 Qualifications of inspectors............................................................9 17 Powers of inspectors--general powers .........................................10 Division 2--Entry to places other than vehicles 11 Subdivision 1--Power to enter places other than vehicles 11 18 Power of entry .............................................................................11 19 Limited entry to provide relief to animal ......................................12 Subdivision 2--Procedure for entry without warrant 12 20 Procedure for entry with consent ..................................................12 21 Procedure for other entries without warrant..................................13 Subdivision 3--Warrants 14 22 Application for warrant ................................................................14 23 Issue of warrant ...........................................................................14 24 Special warrants ..........................................................................15 25 Warrants--procedure for entry.....................................................16 i National Animal Welfare Bill 2005 No. , 2005
Part 1 Preliminary Section 1 Division 3--Entry to vehicles 18 Subdivision 1--Power to enter vehicles 18 26 Power of entry .............................................................................18 27 Procedure for entry without consent if person in control or occupier present...........................................................................18 Subdivision 2--Powers to support entry 19 28 Power to stop vehicle that may be entered ....................................19 29 Failure to comply with stop signal .........................................................19 30 Power to require help to enter from person in control ...................20 31 Failure to comply with entry requirement.....................................20 Division 4--Powers for entry to all places 21 32 Application of Division................................................................21 33 General powers............................................................................21 34 Power to require reasonable help .................................................22 35 Failure to comply with help requirement ......................................22 36 Power to require person in control of vehicle to take action ..........22 37 Failure to comply with action requirement ...................................23 38 Compliance .................................................................................23 Division 5--Seizure and forfeiture 24 Subdivision 1--Powers of seizure 24 39 General power to seize evidence ..................................................24 40 Seizure or evidence under warrant ...............................................25 41 Seizure for welfare of animal .......................................................25 42 Seizure of property subject to security..........................................25 Subdivision 2--Powers to support seizure 25 43 Direction to person in charge .......................................................25 44 Failure to comply with seizure direction.......................................26 45 Powers for seized things ..............................................................26 46 Offence to tamper with seized thing .............................................27 Subdivision 3--Safeguards for seized animal or property 27 47 Information notice and receipt for seized animal or property.........27 48 Access to seized animal or property..............................................28 49 Return of seized animal ...............................................................29 50 Return of other seized property..............................................................30 Subdivision 4--Forfeiture 31 51 Power to forfeit............................................................................31 52 Information notice about forfeiture ...............................................32 National Animal Welfare Bill 2005 No. , 2005 ii
Preliminary Part 1 Section 1 Subdivision 5--Dealing with animal or property forfeited or transferred to Commonwealth or prescribed entity 33 53 When transfer takes effect............................................................33 54 How animal or property may be dealt with ...................................33 55 Appeal against forfeiture..............................................................34 56 Where a person makes an appeal in accordance with section 55 ....................................................................................34 Division 6--Animal welfare directions 35 57 Application of Division................................................................35 58 Power to give animal welfare direction ........................................35 59 Requirements for giving animal welfare direction ........................36 60 Failure to comply with animal welfare direction...........................37 Division 7--Inspector's power to destroy animals 38 61 Power of destruction ....................................................................38 62 Other duties.................................................................................38 Part 4--Animal welfare offences 39 Division 1--Breach of duty of care 39 63 Breach of duty of care prohibited .................................................39 Division 2--Cruelty offences 40 64 Animal cruelty prohibited ............................................................40 65 Alleviation of pain .......................................................................41 Division 3--Prohibited conduct 42 66 Unreasonable abandonment .........................................................42 67 Prohibited release ........................................................................42 68 Causing captive animal to be injured or killed by dog...................42 69 Releasing animal for injury or killing by dog................................42 70 Keeping or using as kill or lure for blooding or coursing ..............43 71 Possession of prohibited trap or spur unlawful .............................43 72 Use of prohibited trap or spur unlawful........................................44 73 Baits or harmful substances .........................................................44 74 Unlawfully allowing an animal to injure or kill another animal .........................................................................................45 75 Cropping dogs' ears .....................................................................45 76 Docking dogs' tails ......................................................................46 77 Debarking operations...................................................................46 78 Removal of cats' claws ................................................................47 79 Docking tails of cattle or horses ...................................................47 iii National Animal Welfare Bill 2005 No. , 2005
Part 1 Preliminary Section 1 80 Mulesing of sheep........................................................................48 81 Use for certain scientific purposes unlawful .................................48 Division 4--Prohibited events 49 82 Meaning of prohibited event ........................................................49 83 Participation in prohibited event ..................................................49 84 Presence at prohibited event ........................................................50 Division 5--Regulated conduct 51 85 Obligation to exercise closely confined dogs ................................51 86 Feral animals or pests ..................................................................51 87 Animals used to feed another animal............................................52 Part 5--Live exports 53 88 Limitation on live exports ............................................................53 89 Export permits .............................................................................53 90 Duties of veterinary surgeons .......................................................54 91 Liability.......................................................................................55 Part 6--Imports of animal products 56 92 Limitation on import of animal products ......................................56 93 Import permits .............................................................................56 94 Restricted imports--cat and dog fur .............................................56 Part 7--Labelling of animal products 57 95 Authority to develop draft code of practice ...................................57 Part 8--Animals used for experimental purposes 58 96 Definitions...................................................................................58 97 Offence to operate research unit or supply unit without a licence.........................................................................................59 98 Offence to conduct research with animals other than in accordance with code of practice ..................................................59 99 Matters of responsibility ..............................................................59 100 Data bank ....................................................................................61 101 Licences ......................................................................................61 102 Public notice of licences...............................................................62 103 Conditions of licences..................................................................62 104 Objections to licences ..................................................................62 105 Suspension or revocation of licence..............................................62 106 Acquisition of animals for research ..............................................63 107 Revoked licences .........................................................................63 108 Management of pain ....................................................................63 National Animal Welfare Bill 2005 No. , 2005 iv
Preliminary Part 1 Section 1 109 Notice of revocation, refusal or suspension of licence ...................63 110 Annual report of research unit operator ........................................64 111 Annual report of supply unit operator...........................................65 112 Register .......................................................................................65 113 Registration details ......................................................................65 114 Inspection of register....................................................................66 115 False representations about registration........................................66 116 Conditions for cancellation or suspension.....................................66 Part 9--Funding for animal research etc. 68 117 Prohibition on research funding ...................................................68 Part 10--Administrative provisions 69 Division 1--Staff 69 118 Staff ............................................................................................69 119 Consultants..................................................................................69 Division 2--Payments and application of money 70 120 Payments to the Authority............................................................70 121 Application of money of the Authority..........................................70 122 Estimates.....................................................................................70 Division 3--Procedure of the Authority 71 123 Authority to regulate its procedure ...............................................71 124 Convening meetings.....................................................................71 125 Presiding at meetings...................................................................71 126 Quorum .......................................................................................71 127 Voting at meetings.......................................................................71 128 Conduct and records of meetings..................................................71 Division 4--Administrative provisions 73 129 Delegation ...................................................................................73 130 Remuneration and allowances......................................................73 131 Leave of absence..........................................................................73 132 Resignation..................................................................................73 133 Disclosure of interests..................................................................74 134 Ceasing to be Chair .....................................................................74 135 Termination of appointment.........................................................74 136 Acting appointments ....................................................................75 Part 11--Miscellaneous 77 137 Regulations..................................................................................77 v National Animal Welfare Bill 2005 No. , 2005
Part 1 Preliminary Section 1 Schedule 1--A national animal welfare system 78 Schedule 2--Definitions 80 National Animal Welfare Bill 2005 No. , 2005 vi
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A Bill for an Act to promote humane, responsible 22 and accountable care, protection and use of 23 domestic animals, livestock, wildlife and animals 24 kept for scientific purposes, and the standards 25 required to achieve this end, and for related 26 purposes 27 The Parliament of Australia enacts: 28 Part 1--Preliminary 29 1 Short title 30 This Act may be cited as the National Animal Welfare Act 2005. National Animal Welfare Bill 2005 No. , 2005 1
Part 1 Preliminary Section 2 1 2 Commencement 2 (1) Sections 1 and 2 commence on the day on which this Act receives 3 the Royal Assent. 4 (2) Section 81 commences on 1 January 2010. 5 (3) Subject to subsection (4), the remaining provisions of this Act 6 commence on a day to be fixed by Proclamation. 7 (4) If the provisions referred to in subsection (3) do not commence 8 under that subsection within the period of 6 months beginning on the 9 day on which this Act receives the Royal Assent, they commence on 10 the first day after the end of that period. 11 3 Purposes of Act 12 The purposes of this Act are to do the following: 13 (a) promote the responsible care and use of animals; 14 (b) provide standards for the care and use of animals that: 15 (i) where it is deemed necessary to capture and kill wildlife, 16 only those devices and techniques should be used which 17 do not inflict unnecessary cruelty, harm non-target 18 animals or damage natural habitat; 19 (ii) prohibit the capture and killing of wild animals for 20 the purpose of entertainment or sport; 21 (iii) ensure that, in the implementation of the matters 22 contained in paragraphs (i) and (ii), all necessary 23 measures shall be taken to protect habitat and 24 ecosystems; 25 (c) protect animals from unjustifiable, unnecessary or 26 unreasonable pain; 27 (d) ensure the use of animals for scientific purposes is 28 accountable, open and responsible. 29 4 How purposes are to be primarily achieved 30 The purposes of this Act are to be primarily achieved by the 31 following: 2 National Animal Welfare Bill 2005 No. , 2005
Preliminary Part 1 Section 5 1 (a) providing for regulations about codes of practice for animal 2 welfare; 3 (b) allowing regulations to require compliance with codes of 4 practice; 5 (c) imposing a duty of care on persons in charge of animals; 6 (d) prohibiting certain conduct in relation to animals; 7 (e) regulating certain conduct in relation to animals; 8 (f) requiring a person using an animal for scientific purposes to 9 comply with any scientific use code of practice and a duty of 10 care; 11 (g) providing for the registration of certain users of animals for 12 scientific purposes; 13 (h) providing for the appointment of authorised officers to 14 monitor compliance with compulsory code of practice 15 requirements and any scientific use code of practice; 16 (i) providing for the appointment of inspectors to investigate and 17 enforce this Act; 18 (j) providing for the establishment of the National Animal 19 Welfare Authority to advise the Minister on animal welfare 20 issues and implement this Act. 21 5 Application of Act 22 (1) The provisions of this Act apply to all animals in Australia or in an 23 external Territory to the extent that those provisions: 24 (a) give effect to a prescribed treaty or international agreement; or 25 (b) relate to matters external to Australia; or 26 (c) relate to matters of international concern. 27 (2) Without prejudice because of the effect of subsection (1), the 28 provisions of this Act apply to the welfare of animals and dealings 29 in respect of animals: 30 (a) that are owned by, or in the possession or control of, the 31 Commonwealth, an authority or instrumentality of the 32 Commonwealth or a Commonwealth company; or National Animal Welfare Bill 2005 No. , 2005 3
Part 1 Preliminary Section 6 1 (b) that are supplied to the Commonwealth, an authority or 2 instrumentality of the Commonwealth or a Commonwealth 3 company; or 4 (c) that are owned by, or are in the possession or control of, a 5 trading corporation; or 6 (d) that are owned by, or are in the possession or control of, a 7 financial corporation; or 8 (e) that are owned by, or in the possession or control of, a foreign 9 corporation; or 10 (f) that are situated in a Territory, or owned by or in the 11 possession or control of a resident of a Territory; or 12 (g) that are the subject of, or used in, the course of trade or 13 commerce: 14 (i) between Australia and a place outside Australia; or 15 (ii) among the States; or 16 (iii) within a Territory, between a State and a Territory or 17 between two Territories. 18 (3) By force of this subsection, this Act, as it applies to a trading 19 corporation or a financial corporation, has effect in relation to 20 things done, or authorised or caused to be done, by the corporation 21 in the course of its trading activities or its financial activities. 22 (4) In this section: 23 financial corporation means a body corporate that is, for the 24 purposes of paragraph 51(xx) of the Constitution, a financial 25 corporation formed within the limits of the Commonwealth. 26 trading corporation means a body corporate that is, for the 27 purposes of paragraph 51(xx) of the Constitution, a trading 28 corporation formed within the limits of the Commonwealth. 29 6 Saving of certain State and Territory laws 30 (1) It is the intention of the Parliament that this Act is not to affect the 31 operation of a law of a State or of a Territory that makes provision 4 National Animal Welfare Bill 2005 No. , 2005
Preliminary Part 1 Section 7 1 with respect to the welfare of animals and is capable of operating 2 concurrently with this Act. 3 (2) In the event that State provisions are deemed more stringent by the 4 Commonwealth Minister, those State provisions shall prevail. 5 7 Act to bind the Crown 6 (1) This Act binds the Crown in all its capacities. 7 (2) Nothing in this Act renders the Crown liable to be prosecuted for an 8 offence. National Animal Welfare Bill 2005 No. , 2005 5
Part 2 National Animal Welfare Authority Section 8 1 2 Part 2--National Animal Welfare Authority 3 8 National Animal Welfare Authority 4 (1) A National Animal Welfare Authority is established. 5 (2) The Authority is the regulatory body for animal welfare in 6 Australia. 7 9 Legal status of Authority 8 (1) The Authority: 9 (a) is a body corporate; and 10 (b) has a seal; and 11 (c) may sue and be sued in its corporate name. 12 (2) All courts, judges and people acting judicially must take judicial 13 notice of the imprint of the seal of the Authority appearing on a 14 document, and are to presume that the document was duly sealed. 15 10 Constitution of Authority 16 (1) The Authority consists of: 17 (a) 3 members representing the Commonwealth; and 18 (b) 2 members representing commercial producers or users of 19 animals and animal products; and 20 (c) 2 members representing animal welfare non-government 21 organisations; and 22 (d) 2 members representing community groups; and 23 (e) 4 other members, at least 2 of whom are scientists; and 24 (f) 1 member who is an ethicist. 25 (2) The members are to be appointed by the Minister on the basis of 26 merit. 6 National Animal Welfare Bill 2005 No. , 2005
National Animal Welfare Authority Part 2 Section 11 1 (3) The Chair of the Authority is to be elected by the members of the 2 Authority. This position is not to be held for more than 12 months 3 by the same person in any 2-year period. 4 11 Terms and conditions of appointment 5 (1) A member of the Authority is to be appointed for the period (not 6 longer than 3 years) specified in the instrument of appointment, but 7 is eligible for reappointment. 8 (2) A member of the Authority holds office on the terms and conditions 9 (if any) not covered by this Act as are determined by the Minister. 10 12 Advisory committees 11 The Authority may establish national advisory committees as 12 determined by the Authority, or at the request of the Minister or the 13 Ministerial Council. 14 13 Functions and powers of Authority 15 (1) The Authority has the following functions and powers: 16 (a) the coordination, monitoring and review of Commonwealth 17 responsibilities for animal welfare; 18 (b) functions and powers conferred on it by or under this Act 19 (other than this section); 20 (c) functions and powers conferred on it by or under other laws of 21 the Commonwealth; 22 (d) functions and powers that are, with the consent of the 23 Ministerial Council, conferred on the Authority by writing 24 signed by the Minister. 25 (2) The Authority has power to do whatever is necessary for or in 26 connection with, or reasonably incidental to, the performance of its 27 functions. 28 (3) The Authority is to perform its functions and exercise its powers in 29 accordance with the Agreement (so far as applicable) and is to National Animal Welfare Bill 2005 No. , 2005 7
Part 2 National Animal Welfare Authority Section 14 1 comply in all respects with the provisions of the Agreement that are 2 applicable to it. 3 14 Reports and advice to be provided to the Ministerial Council 4 (1) The Authority is to provide to the Ministerial Council such reports 5 relating to the performance or exercise of the Authority's functions 6 or powers as the Ministerial Council directs. 7 (2) The Ministerial Council may, by resolution, direct the Authority to 8 provide advice about any matter related to the functions or powers 9 of the Authority or of the Ministerial Council. 8 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 General Division 1 Section 15 1 2 Part 3--Inspection 3 Division 1--General 4 15 Appointment of inspectors 5 (1) The Authority may appoint inspectors. 6 (2) An inspector is responsible for matters specified by the Authority. 7 (3) The Chair of the Authority must issue to each inspector an identity 8 card containing a recent photograph of the inspector and stating that 9 the holder of the card is an inspector for the purposes of this Act. 10 (4) The Authority may terminate the appointment of inspectors. 11 16 Qualifications of inspectors 12 (1) Inspectors must have a sound knowledge of animal husbandry and 13 animal welfare. The minimum academic requirement is the 14 completion of a prescribed course of training in animal welfare or 15 an equivalent course of study. 16 (2) Inspectors must have a thorough knowledge of the following: 17 (a) the operation of this Act and the regulations; 18 (b) the codes of practice made under regulations made under this 19 Act. 20 (3) A person may be appointed as an inspector only if: 21 (a) the person is: 22 (i) engaged under the Public Service Act 1999; or 23 (ii) an officer or employee of a State or Territory; or 24 (iii) employed by the Royal Society for the Prevention of 25 Cruelty to Animals; or 26 (iv) included in a class of persons declared under a regulation 27 to be an approved class of persons for the purposes of 28 this section. National Animal Welfare Bill 2005 No. , 2005 9
Part 3 Inspection Division 1 General Section 17 1 17 Powers of inspectors--general powers 2 (1) Inspectors may exercise any of the following powers in order to 3 fulfil the purposes of this Act. 4 (2) Within reason, inspectors may undertake random inspections of 5 animals. 6 (3) A person with an animal in his or her care must permit inspection of 7 the animal as well as of housing, foodstuffs and equipment intended 8 for use in relation to the animal. 9 Maximum penalty: 20 penalty units. 10 (4) A person must not refuse or fail to comply with subsection (3). 11 (5) The animal keeper must be advised of the inspection before or on 12 the occasion of the visit. 13 (6) An inspector may: 14 (a) inform an animal keeper that he or she has 12 hours in which 15 to take action or his or her animal or animals will be seized; or 16 (b) immediately seize an animal or animals; or 17 (c) humanely kill an animal, or take any other necessary steps to 18 relieve an animal from suffering; or 19 (d) administer analgesics to an animal. 20 10 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Entry to places other than vehicles Division 2 Section 18 1 2 Division 2--Entry to places other than vehicles 3 Subdivision 1--Power to enter places other than vehicles 4 18 Power of entry 5 (1) An inspector may enter and stay at a place other than a vehicle if: 6 (a) its occupier consents to the entry; or 7 (b) it is a public place and the entry is made when the place is 8 open to the public; or 9 (c) the entry is authorised by a warrant; or 10 (d) its occupier has been given an animal welfare direction and 11 the entry is made at a time or interval stated in the direction, 12 to check compliance with the direction; or 13 (e) the inspector reasonably suspects that: 14 (i) an animal at the place has just sustained a severe injury; 15 and 16 (ii) the injury is likely to remain untreated, or untreated for 17 an unreasonable period; or 18 (f) the inspector reasonably suspects there is an imminent risk of 19 death or injury to an animal at the place because of an 20 accident or an animal welfare offence; or 21 (g) the inspector reasonably suspects any delay in entering the 22 place will result in the concealment, death, or destruction of 23 anything at the place that is: 24 (i) evidence of an animal welfare offence under this Act; or 25 (ii) being used to commit, continue or repeat, an animal 26 welfare offence under this Act. 27 (2) For the purpose of asking the occupier of a place for consent to 28 enter a place under paragraph (1)(a), an inspector may, without the 29 occupier's consent or a warrant: 30 (a) enter land around premises at the place to the extent that is 31 reasonable to contact the occupier; or National Animal Welfare Bill 2005 No. , 2005 11
Part 3 Inspection Division 2 Entry to places other than vehicles Section 19 1 (b) enter that part of the place that the inspector reasonably 2 considers members of the public ordinarily are allowed to 3 enter when they wish to contact the occupier. 4 19 Limited entry to provide relief to animal 5 (1) This section applies if: 6 (a) an inspector reasonably suspects: 7 (i) an animal at a place other than a vehicle is suffering 8 from lack of food or water or is entangled; and 9 (ii) the person in charge of the animal is not, or is apparently 10 not, present at the place; and 11 (b) the animal is not at a part of the place at which a person 12 resides, or apparently resides. 13 (2) The inspector may enter and stay at the place while it is reasonably 14 necessary to provide food or water to, or to disentangle, the animal. 15 (3) Before leaving the place, the inspector must leave a notice in a 16 conspicuous position and in a reasonably secure way stating the 17 following: 18 (a) the inspector's name and business address or telephone 19 number; 20 (b) the action taken by the inspector under subsection (2); 21 (c) the time and date the action was taken. 22 (4) This section does not limit section 20. 23 Subdivision 2--Procedure for entry without warrant 24 20 Procedure for entry with consent 25 (1) This section applies if an inspector intends to ask an occupier of a 26 place to consent to the inspector or another inspector entering the 27 place under paragraph 18(1)(a). 28 (2) Before asking for the consent, the inspector must tell the occupier: 29 (a) the purpose of the entry; and 12 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Entry to places other than vehicles Division 2 Section 21 1 (b) that the occupier is not required to consent. 2 (3) If the consent is given, the inspector may ask the occupier to sign an 3 acknowledgment of the consent. 4 (4) The acknowledgment must state: 5 (a) that the occupier has been told: 6 (i) the purpose of the entry; and 7 (ii) that the occupier is not required to consent; and 8 (b) the purpose of the entry; and 9 (c) the occupier gives the inspector or another inspector consent 10 to enter the place and exercise powers under this Part; and 11 (d) the time and date the consent was given. 12 (5) If the occupier signs the acknowledgment, the inspector must 13 promptly give a copy to the occupier. 14 (6) If: 15 (a) an issue arises in a proceeding about whether the occupier 16 consented to the entry; and 17 (b) an acknowledgment complying with subsection (4) for the 18 entry is not produced in evidence; 19 the onus of proof is on the person relying on the lawfulness of the 20 entry to prove that the occupier consented. 21 21 Procedure for other entries without warrant 22 (1) This section applies if: 23 (a) an inspector is intending to enter a place under paragraph 24 18(1)(d), (e), (f) or (g); and 25 (b) the occupier of the place is present at the place. 26 (2) Before entering the place, the inspector must do, or must make a 27 reasonable attempt to do, the following things: 28 (a) produce or display his or her identity card for the occupier's 29 inspection so that it is clearly visible; and 30 (b) tell the occupier the purpose of the entry; and National Animal Welfare Bill 2005 No. , 2005 13
Part 3 Inspection Division 2 Entry to places other than vehicles Section 22 1 (c) tell the occupier that the inspector is permitted under this Act 2 to enter the place without the occupier's consent or a warrant. 3 Subdivision 3--Warrants 4 22 Application for warrant 5 (1) An inspector may apply to a magistrate or a justice of the peace for 6 a warrant for a place. 7 (2) However, an application cannot be made to a justice of the peace 8 who: 9 (a) if the inspector is employed by the department--is employed 10 by the department; or 11 (b) if the inspector is not employed by the department--is 12 employed by the same person or agency as the inspector. 13 (3) The application must be sworn and state the grounds on which the 14 warrant is sought. 15 (4) The magistrate or justice of the peace may refuse to consider the 16 application until the inspector gives the magistrate or justice of the 17 peace all the information the magistrate or justice of the peace 18 requires about the application in the way in which the magistrate or 19 justice of the peace requires. 20 23 Issue of warrant 21 (1) A magistrate or justice of the peace may issue a warrant only if the 22 magistrate or justice of the peace is satisfied there are reasonable 23 grounds for suspecting there is: 24 (a) a need to enter the place for which the warrant is sought, to 25 relieve an animal in pain at the place; or 26 (b) a particular animal or other thing or activity (the evidence) 27 that may provide evidence of an offence under this Act and the 28 evidence is at the place, or may be at the place within the next 29 7 days. 30 (2) The warrant must state: 14 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Entry to places other than vehicles Division 2 Section 24 1 (a) that a named inspector may: 2 (i) enter the place and any other place necessary for entry; 3 and 4 (ii) exercise an inspector's powers under this Part; and 5 (b) either: 6 (i) if the warrant is issued under subsection (1)(a)--the 7 animal or a class of animals for which the warrant is 8 issued; or 9 (ii) if the warrant is issued under subsection (1)(b)--the 10 offence for which the warrant is issued; and 11 (c) the evidence that may be seized under the warrant; and 12 (d) the hours of the day or night when the place may be entered; 13 and 14 (e) the date, within 7 days after the warrant's issue, the warrant 15 ends. 16 24 Special warrants 17 (1) An inspector may apply for a warrant (a special warrant) by 18 electronic communication, fax, phone, radio or another form of 19 communication if the inspector considers it necessary because of: 20 (a) urgent circumstances; or 21 (b) other special circumstances, including, for example, the 22 inspector's remote location. 23 (2) Before applying for the special warrant, the inspector must prepare 24 an application stating the grounds on which the special warrant is 25 sought. 26 (3) The inspector may apply for the special warrant before the 27 application is sworn. 28 (4) After issuing the special warrant, the magistrate or justice of the 29 peace must immediately electronically communicate or fax a copy to 30 the inspector if it is reasonably practicable to do so. 31 (5) If it is not reasonably practicable to electronically communicate or 32 fax a copy of the special warrant to the inspector: National Animal Welfare Bill 2005 No. , 2005 15
Part 3 Inspection Division 2 Entry to places other than vehicles Section 25 1 (a) the magistrate or justice of the peace must tell the inspector: 2 (i) what the terms of the warrant are; and 3 (ii) the date and time the warrant was issued; and 4 (b) the inspector must complete a form of warrant (a warrant 5 form) which must include: 6 (i) the magistrate's or justice of the peace's name; and 7 (ii) the date and time the magistrate or justice of the peace 8 issued the warrant; and 9 (iii) the terms of the special warrant. 10 (6) The faxed special warrant, or the warrant form properly completed 11 by the inspector, authorises the entry and the exercise of the other 12 powers stated in the special warrant issued by the magistrate or 13 justice of the peace. 14 (7) The inspector must, at the first reasonable opportunity, send the 15 magistrate or justice of the peace: 16 (a) the sworn application; and 17 (b) if the inspector completed a warrant form--the completed 18 warrant form. 19 (8) On receiving the documents, the magistrate or justice of the peace 20 must attach them to the special warrant. 21 (9) If: 22 (a) the issue arises in a proceeding of whether an exercise of a 23 power was authorised by a special warrant; and 24 (b) the special warrant is not produced in evidence; 25 the onus of proof is on the person relying on the lawfulness of the 26 exercise of the power to prove a special warrant authorised the 27 exercise of the power. 28 25 Warrants--procedure for entry 29 (1) This section applies if: 30 (a) an inspector named in a warrant issued under this Part for a 31 place is intending to enter the place under the warrant; and 32 (b) the occupier of the place is present at the place. 16 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Entry to places other than vehicles Division 2 Section 25 1 (2) Before entering the place, the inspector must do, or must make a 2 reasonable attempt to do, the following things: 3 (a) produce or display his or her identity card for the occupier's 4 inspection so that it is clearly visible; and 5 (b) give the occupier a copy of: 6 (i) the warrant; or 7 (ii) if the entry is authorised by a faxed special warrant or 8 warrant form mentioned in paragraph 24(5)(b)--the 9 faxed special warrant or warrant form; and 10 (c) tell the occupier that the inspector is permitted by the special 11 warrant to enter the place; and 12 (d) give the occupier an opportunity to allow the inspector 13 immediate entry to the place without using force. 14 (3) However, the inspector need not comply with subsection (2) if the 15 inspector reasonably believes the inspector must immediately enter 16 the place to ensure that the effective execution of the warrant is not 17 frustrated. National Animal Welfare Bill 2005 No. , 2005 17
Part 3 Inspection Division 3 Entry to vehicles Section 26 1 2 Division 3--Entry to vehicles 3 Subdivision 1--Power to enter vehicles 4 26 Power of entry 5 An inspector may enter and stay in a vehicle if: 6 (a) the person in control of the vehicle consents to the entry; or 7 (b) the person in control of the vehicle has been given an animal 8 welfare direction and the entry is made at a time or interval 9 stated in the direction, to check compliance with the direction; 10 or 11 (c) the inspector reasonably suspects that: 12 (i) the vehicle is being, has been, or is about to be used in 13 the commission of an animal welfare offence; or 14 (ii) the vehicle, or an animal or other thing in the vehicle, 15 may provide evidence of an animal welfare offence; or 16 (iii) there is an imminent risk of death or injury to an animal 17 in or from the vehicle or because of an animal welfare 18 offence involving the vehicle; or 19 (iv) there is a need to enter the vehicle to relieve an animal in 20 pain in the vehicle or prevent an animal in the vehicle 21 from suffering pain. 22 Note: The definition of vehicle in Schedule 2 is intended to be wide to 23 enable inspectors to deal with animal welfare situations arising in 24 relation to any vehicle used on land, sea or in the air. 25 27 Procedure for entry without consent if person in control or 26 occupier present 27 (1) This section applies if: 28 (a) an inspector is intending to enter a vehicle under paragraph 29 26(b) or (c); and 30 (b) a person who is a person in control of, or an occupier of, the 31 vehicle is present at the vehicle. 18 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Entry to vehicles Division 3 Section 28 1 (2) Before entering the vehicle, the inspector must do, or must make a 2 reasonable attempt to do, the following things: 3 (a) produce or display his or her identity card for the person's 4 inspection so that it is clearly visible; and 5 (b) tell the person the purpose of the entry; and 6 (c) seek the consent of the person to the entry; and 7 (d) tell the person that the inspector is permitted under this Act to 8 enter the vehicle without the person's consent. 9 (3) If the person in control of the vehicle is not present at the vehicle, 10 the inspector must take reasonable steps to advise the person or any 11 registered operator of the vehicle of the inspector's intention to enter 12 the vehicle. 13 (4) Subsection (3) does not require the inspector to take a step that the 14 inspector reasonably believes may frustrate or otherwise hinder an 15 investigation under this Act or the purpose of the intended entry. 16 Subdivision 2--Powers to support entry 17 28 Power to stop vehicle that may be entered 18 (1) If a vehicle that an inspector may enter under this Part other than an 19 aircraft or train, is moving or about to move, the inspector may 20 signal (a stop signal) the person in control of the vehicle: 21 (a) to stop the vehicle; or 22 (b) not to move the vehicle. 23 (2) In this section: 24 stop a vehicle includes requiring it to remain stationary, and in the 25 case of an aircraft or a vessel on or adjacent to land, for the time 26 reasonably necessary to enable a function or power under this or 27 another Act to be performed or exercised. 28 29 Failure to comply with stop signal 29 (1) A person in control of a vehicle to whom a stop signal has been 30 given must not refuse or fail to comply with the stop signal. National Animal Welfare Bill 2005 No. , 2005 19
Part 3 Inspection Division 3 Entry to vehicles Section 30 1 Maximum penalty: 100 penalty units. 2 (2) Subsection (1) does not apply if the person has a reasonable excuse. 3 Note: The defendant bears an evidential burden in relation to the matter in 4 subsection (2). See subsection 13.3(3) of the Criminal Code. 5 (3) For the purposes of subsection (2), it is a reasonable excuse for the 6 person refusing or failing to comply with the stop signal if: 7 (a) to immediately comply with the stop signal would have 8 endangered the person or someone else; and 9 (b) the person complied with the stop signal as soon as it was 10 practicable to do so. 11 30 Power to require help to enter from person in control 12 (1) If an inspector may, under this Part, enter a vehicle, the inspector 13 may require (make an entry requirement of) the person in control 14 of the vehicle to give the inspector reasonable help to enter the 15 vehicle. 16 (2) When making an entry requirement, the inspector must give the 17 person an offence warning. 18 31 Failure to comply with entry requirement 19 (1) A person of whom an entry requirement has been made must not 20 refuse or fail to comply with the requirement. 21 Maximum penalty: 100 penalty units. 22 (2) Subsection (1) does not apply if the person has a reasonable excuse. 23 Note: The defendant bears an evidential burden in relation to the matter in 24 subsection (2). See subsection 13.3(3) of the Criminal Code. 20 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Powers for entry to all places Division 4 Section 32 1 2 Division 4--Powers for entry to all places 3 32 Application of Division 4 (1) This Division applies if, under a provision of this Part other than 5 section 19, an inspector may enter, or has entered, a place. 6 (2) However, if an inspector under subsection 18(2) enters a place to 7 ask the occupier's consent to enter premises, this Division applies to 8 the inspector only if the consent is given or the entry is otherwise 9 authorised. 10 33 General powers 11 The inspector may do any of the following: 12 (a) enter the place using reasonable force in the circumstances; 13 (b) search any part of the place; 14 (c) open, using reasonable force, a cage, container, pen, yard or 15 other structure confining or containing an animal or other 16 thing to examine the structure, animal or other thing; 17 (d) take reasonable measures to relieve the pain of an animal at 18 the place; 19 (e) examine, inspect, film, photograph, videotape or otherwise 20 record an image of, an animal, document or other thing at the 21 place; 22 (f) take a sample of or from an animal or other thing at the place 23 for analysis or testing; 24 (g) copy a document at the place; 25 (h) take into the place the equipment, materials or persons the 26 inspector reasonably requires for exercising a power under 27 this Part; 28 (i) brand, mark, tag or otherwise identify an animal at the place 29 in accordance with the usual practices for branding, marking, 30 tagging or otherwise identifying that species of animal but not 31 so as to disfigure or damage the animal so as to adversely 32 affect its health or value; National Animal Welfare Bill 2005 No. , 2005 21
Part 3 Inspection Division 4 Powers for entry to all places Section 34 1 (j) take a necessary step to allow a power under paragraphs (a) 2 to (i) to be exercised. 3 34 Power to require reasonable help 4 (1) The inspector may require (make a help requirement of) a person 5 at the place to give the inspector reasonable help to exercise a power 6 under this Part, including, for example to produce a document or 7 give information. 8 (2) When making a help requirement, the inspector must give the person 9 an offence warning. 10 35 Failure to comply with help requirement 11 (1) A person of whom a help requirement has been made must not 12 refuse or fail to comply with the requirement. 13 Maximum penalty: 100 penalty units. 14 (2) Subsection (1) does not apply if the person has a reasonable excuse. 15 Note: The defendant bears an evidential burden in relation to the matter in 16 subsection (2). See subsection 13.3(3) of the Criminal Code. 17 (3) It is a reasonable excuse for a person not to comply with a help 18 requirement if complying with the help requirement might tend to 19 incriminate the person. 20 (4) However, subsection (3) does not apply if the help requirement is to 21 produce a document required to be held or kept by the person under: 22 (a) this Act; or 23 (b) another Act or a law of the Commonwealth or another country 24 if the document relates to the transportation of live animals. 25 36 Power to require person in control of vehicle to take action 26 (1) This section applies if a place to which this Division applies is a 27 vehicle. 22 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Powers for entry to all places Division 4 Section 37 1 (2) The inspector may require (make an action requirement of) the 2 person in control of the vehicle to do any of the following to allow 3 the inspector to exercise a power under this Part: 4 (a) bring the vehicle, or an animal or other thing in it, to a stated 5 reasonable place; 6 (b) remain in control of the vehicle, animal or other thing at the 7 place for a stated reasonable period. 8 (3) When making an action requirement, the inspector must give the 9 person an offence warning. 10 37 Failure to comply with action requirement 11 (1) A person of whom an action requirement has been made must not 12 refuse or fail to comply with the requirement. 13 Maximum penalty: 100 penalty units. 14 (2) Subsection (1) does not apply if the person has a reasonable excuse. 15 Note: The defendant bears an evidential burden in relation to the matter in 16 subsection (2). See subsection 13.3(3) of the Criminal Code. 17 38 Compliance 18 (1) Any person in charge of an animal must comply with the provisions 19 of this Act including, in the case of a prescribed practice, the 20 regulations and in the case of a licence, the terms of the licence. 21 (2) If there is a failure to comply, the animal keeper must be informed 22 of the failure and of the corrective action to be taken. An inspector 23 is to determine the period for taking the action and a follow-up visit 24 is to be made at the end of this period. National Animal Welfare Bill 2005 No. , 2005 23
Part 3 Inspection Division 5 Seizure and forfeiture Section 39 1 2 Division 5--Seizure and forfeiture 3 Subdivision 1--Powers of seizure 4 39 General power to seize evidence 5 (1) An inspector who has, under this Part, entered a place may seize an 6 animal or other thing at the place if the inspector: 7 (a) reasonably suspects that it is evidence of an offence against 8 this Act; or 9 (b) reasonably believes that the seizure is necessary to prevent it 10 being: 11 (i) destroyed, hidden or lost; or 12 (ii) used to commit, continue or repeat, an offence. 13 (2) An inspector also may seize an animal or other thing at the place: 14 (a) if the inspector reasonably believes that it has just been used 15 in committing, or is the subject of, an animal welfare offence; 16 or 17 (b) with the written consent of a person or a person that the 18 inspector reasonably believes is a person who is: 19 (i) for an animal--the person in charge of the animal; 20 (ii) for another thing--the owner or person in possession of 21 the thing. 22 (3) A written consent under subsection (2)(b) given by an owner may 23 also include the owner's agreement to transfer ownership of the 24 animal or other thing to the Commonwealth or a prescribed entity. 25 (4) Despite subsections (1) and (2), if an entry to a place is made after 26 obtaining the necessary consent of a person, the inspector may seize 27 a thing at the place only if the seizure is consistent with the purpose 28 of entry as told to the person when asking for the consent. 29 (5) This section does not limit a power to seize under section 40, 41 or 30 42. 24 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Seizure and forfeiture Division 5 Section 40 1 40 Seizure or evidence under warrant 2 An inspector who, under this Part, enters a place with a warrant 3 may seize the evidence for which the warrant was issued. 4 41 Seizure for welfare of animal 5 (1) An inspector who has, under this Part, entered a place may seize an 6 animal at the place if the inspector reasonably believes that: 7 (a) the animal: 8 (i) is under an imminent risk of death or injury; or 9 (ii) requires veterinary treatment; or 10 (iii) is experiencing undue pain; and 11 (b) the interests of the welfare of the animal require its immediate 12 seizure. 13 (2) The inspector may also seize the animal if the person in charge of 14 the animal has contravened, or is contravening, an animal welfare 15 direction or a court order about the animal. 16 42 Seizure of property subject to security 17 (1) An inspector may seize an animal or other thing under this 18 Subdivision or exercise powers under Subdivision 2 in relation to 19 the animal or other thing despite a lien or other security over the 20 animal or other thing claimed by another person. 21 (2) However, the seizure does not affect the other person's claim to the 22 lien or other security against a person other than the inspector or a 23 person acting for the inspector. 24 Subdivision 2--Powers to support seizure 25 43 Direction to person in charge 26 (1) To enable an animal or other thing to be seized, an inspector may 27 direct (give a seizure direction to) the person in charge, or owner or 28 person in possession, of it: National Animal Welfare Bill 2005 No. , 2005 25
Part 3 Inspection Division 5 Seizure and forfeiture Section 44 1 (a) to take the animal or other thing to a stated reasonable place 2 or places by a stated reasonable time or times; and 3 (b) if necessary, to remain in control of the animal or other thing 4 at the stated place for a reasonable time. 5 (2) A seizure direction: 6 (a) must be made by notice in the approved form; or 7 (b) if for any reason it is not practicable to give notice in the 8 approved form--may be made orally and confirmed by notice 9 in the approved form as soon as practicable. 10 44 Failure to comply with seizure direction 11 (1) A person of whom a seizure direction has been made must not 12 refuse or fail to comply with the direction. 13 Maximum penalty: 100 penalty units. 14 (2) Subsection (1) does not apply if the person has a reasonable excuse. 15 Note: The defendant bears an evidential burden in relation to the matter in 16 subsection (2). See subsection 13.3(3) of the Criminal Code. 17 45 Powers for seized things 18 Having seized an animal or other thing, an inspector may do one or 19 more of the following: 20 (a) move it from the place where it was seized (the place of 21 seizure); 22 (b) leave it at the place of seizure but take reasonable action to 23 restrict access to it; 24 (c) for equipment--make it inoperable, without damaging the 25 equipment; 26 (d) for an animal: 27 (i) take it by suitable and appropriate means to a place the 28 inspector considers appropriate; 29 (ii) give it accommodation, food, rest, water or other living 30 conditions; 26 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Seizure and forfeiture Division 5 Section 46 1 (iii) if the inspector reasonably believes that, in the interests 2 of its welfare, the animal requires veterinary treatment-- 3 arrange for the treatment; 4 (iv) if an animal welfare direction has been given in relation 5 to the animal and the direction has not been complied 6 with--take other action to ensure the direction is 7 complied with. 8 46 Offence to tamper with seized thing 9 (1) This section applies in relation to an animal or other thing seized 10 under this Part. 11 (2) A person, other than an inspector or a person authorised by an 12 inspector for the purpose, must not do, or must not attempt to do, 13 any of the following: 14 (a) tamper with the animal or other thing; 15 (b) enter, or be at, the place where the animal or other thing is 16 being kept; 17 (c) move the animal or other thing from the place where it is 18 being kept; 19 (d) have the animal or other thing in the person's possession. 20 Maximum penalty: 100 penalty units. 21 (3) Subsection (2) does not apply if the person has a reasonable excuse. 22 Note: The defendant bears an evidential burden in relation to the matter in 23 subsection (3). See subsection 13.3(3) of the Criminal Code. 24 Subdivision 3--Safeguards for seized animal or property 25 47 Information notice and receipt for seized animal or property 26 (1) This section applies if, under this Part or under a warrant, an 27 inspector seizes an animal or another thing, unless: 28 (a) the inspector reasonably believes that there is no-one 29 apparently in possession of the thing or the thing has been 30 abandoned; or National Animal Welfare Bill 2005 No. , 2005 27
Part 3 Inspection Division 5 Seizure and forfeiture Section 48 1 (b) the seized thing is not an animal and it would be impracticable 2 or unreasonable to expect the inspector to account for the 3 thing given its condition, nature and value. 4 (2) The inspector must, as soon as practicable after the seizure, give the 5 person from whom the animal or thing was seized: 6 (a) a receipt for the animal or thing that generally describes the 7 animal or thing and its condition; and 8 (b) an information notice about the decision to make the seizure. 9 (3) However, if: 10 (a) for an animal--a person in charge of the animal; 11 (b) for another thing--the owner or person in possession of the 12 thing; 13 is not present at the place at which the seizure occurs, the receipt 14 and information notice may be given by leaving them at the place in 15 a conspicuous position and in a reasonably secure way. 16 (4) The information notice and receipt may: 17 (a) be given in the same document; and 18 (b) relate to more than one seized thing. 19 (5) The inspector may delay in giving the receipt and information notice 20 if the inspector reasonably suspects that doing so may frustrate or 21 otherwise hinder an investigation under this Act. 22 (6) However, the delay may be only for so long as the inspector 23 continues to have that reasonable suspicion and remains in the 24 vicinity of the place to keep it under observation. 25 48 Access to seized animal or property 26 (1) This section applies to an inspector who has, under this Part or 27 under a warrant, seized an animal or thing until the animal or thing 28 is forfeited or returned under this Part. 29 (2) The inspector must allow any owner of the animal or thing: 30 (a) to inspect the animal or thing at any reasonable time and from 31 time to time; and 28 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Seizure and forfeiture Division 5 Section 49 1 (b) if it is a document--to copy it. 2 (3) Subsection (2) does not apply if it is impracticable or would be 3 unreasonable to allow the inspection or copying. 4 (4) The inspection or copying must be provided free of charge. 5 49 Return of seized animal 6 (1) This section applies if an inspector has, under this Part or under a 7 warrant, seized an animal. 8 (2) The inspector must, within 28 days after the seizure, return the 9 animal to its owner unless: 10 (a) the owner has, under this Part, agreed in writing to transfer 11 ownership of it to the Commonwealth or a prescribed entity; 12 or 13 (b) the animal has been forfeited to the Commonwealth under this 14 Part; or 15 (c) an application has been made for a disposal or prohibition 16 order in relation to the animal; or 17 (d) continued retention of the animal is needed as evidence for a 18 proceeding or proposed proceeding for an offence involving 19 the animal; or 20 (e) an animal welfare direction given in relation to the animal has 21 not been complied with and the inspector is taking, or 22 proposes to take, action to ensure the direction is complied 23 with; or 24 (f) the inspector reasonably believes the animal's condition may 25 require its destruction under section 61. 26 (3) If subsection (2)(c) applies, the inspector must promptly return the 27 animal to its owner if the application for the disposal or prohibition 28 order: 29 (a) is withdrawn; or 30 (b) has been finally decided or otherwise ended and a disposal or 31 prohibition order has not been made in relation to the animal. National Animal Welfare Bill 2005 No. , 2005 29
Part 3 Inspection Division 5 Seizure and forfeiture Section 49 1 (4) If subsection (2)(d) applies, the inspector must promptly return the 2 animal to its owner if its continued retention as evidence is no longer 3 required. 4 (5) If subsection (2)(e) applies, the inspector must promptly return the 5 animal to its owner if: 6 (a) the animal welfare direction is complied with; or 7 (b) the inspector ceases to take, or propose to take, action to 8 ensure the direction is complied with. 9 (6) If subsection (2)(f) applies, the inspector must promptly return the 10 animal to its owner if the inspector no longer believes the animal's 11 condition may require its destruction under section 61. 12 (7) Where an inspector returns a seized animal in accordance with this 13 section, the inspector must ensure that: 14 (a) suitable and appropriate transport and care is arranged to 15 effect the return; and 16 (b) the return to the owner is effected at a time that within reason 17 is suitable to the owner. 18 (8) Nothing in this section affects a lien or other security over the 19 animal. 20 50 Return of other seized property 21 (1) This section applies if: 22 (a) an inspector has, under this Part or under a warrant, seized a 23 thing other than an animal; and 24 (b) the thing has some intrinsic value; and 25 (c) the owner of the thing has not, under this Part, agreed in 26 writing to transfer ownership of it to the Commonwealth or a 27 prescribed entity; and 28 (d) the thing has not been forfeited under this Part; and 29 (e) a disposal order has not been made in relation to the thing. 30 (2) If no application has been made for a disposal order in relation to 31 the thing, the inspector must return the thing to its owner: 30 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Seizure and forfeiture Division 5 Section 51 1 (a) generally--within the end of 6 months after the seizure; or 2 (b) if a proceeding for an offence involving the thing is started 3 within the 6 months--at the end of the proceeding and any 4 appeal in relation to the proceeding. 5 (3) Despite subsection (2), the inspector must promptly return a thing 6 seized as evidence to its owner if the inspector is satisfied that: 7 (a) its continued retention as evidence is no longer required; or 8 (b) its continued retention is not necessary to prevent the thing 9 being used to continue or repeat the offence; or 10 (c) it is lawful for the person to possess the thing. 11 (4) If an application has been made for a disposal order in relation to 12 the thing, the inspector must promptly return the thing to its owner 13 if the application: 14 (a) is withdrawn; or 15 (b) has been finally decided or otherwise ended and a disposal 16 order has not been made in relation to the thing. 17 (5) Nothing in this section affects a lien or other security over the thing. 18 Subdivision 4--Forfeiture 19 51 Power to forfeit 20 (1) This section applies if an animal or other thing has been seized 21 under this Act. 22 (2) The Chair of the Authority may decide to forfeit the animal or thing 23 to the Commonwealth if an inspector: 24 (a) after making reasonable efforts, cannot return it to its owner; 25 or 26 (b) after making reasonable inquiries, cannot find its owner or, 27 for an animal, any other person in charge of it; or 28 (c) reasonably believes it is necessary to keep the animal or other 29 thing to prevent it from being used in committing, or 30 becoming the subject of, an animal welfare offence. 31 (3) For the purposes of subsection (2): National Animal Welfare Bill 2005 No. , 2005 31
Part 3 Inspection Division 5 Seizure and forfeiture Section 52 1 (a) the period over which the efforts or inquiries are made must 2 be at least 4 days; and 3 (b) the inspector is not required to: 4 (i) make efforts if it would be unreasonable to make efforts 5 to return the animal or other thing to its owner; or 6 (ii) make inquiries if it would be unreasonable to make 7 inquiries to find the owner. 8 (4) Regard must be had to an animal or other thing's condition, nature 9 and value in deciding: 10 (a) whether it is reasonable to make inquiries or efforts; and 11 (b) if inquiries or efforts are made--what inquiries or efforts, 12 including the period over which they are made, are reasonable. 13 52 Information notice about forfeiture 14 (1) If, under subsection 51(2), an animal or other thing is forfeited, the 15 Chair of the Authority must promptly give the person who owned it 16 immediately before the forfeiture (the former owner) an information 17 notice about the decision. 18 (2) However, subsection (1) does not apply if: 19 (a) the decision was made under paragraph 51(2)(a) or (b); and 20 (b) the place where the animal or other thing was seized is: 21 (i) a public place; or 22 (ii) a place at which the notice is unlikely to be read by the 23 former owner. 24 (3) The information notice must state that the former owner may apply 25 for a stay of the decision if he or she appeals under section 55 26 against the decision. 27 (4) If subsection (2) does not apply and the decision was made under 28 paragraph 51(2)(a) or (b), the information notice may be given by 29 leaving it at the place where the animal or other thing was seized, in 30 a conspicuous position and in a reasonably secure way. 32 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Seizure and forfeiture Division 5 Section 53 1 Subdivision 5--Dealing with animal or property forfeited or 2 transferred to Commonwealth or prescribed entity 3 53 When transfer takes effect 4 (1) An animal or other thing becomes the Commonwealth's property if, 5 under subsection 51(2), it is forfeited to the Commonwealth. 6 (2) If the owner of an animal or other thing agrees in writing to transfer 7 ownership of the animal or thing to the Commonwealth or a 8 prescribed entity, it becomes the property of the Commonwealth or 9 entity when the Commonwealth or entity agrees in writing to the 10 transfer. 11 54 How animal or property may be dealt with 12 (1) This section applies if, under section 53, an animal or other thing 13 becomes the property of the Commonwealth or a prescribed entity. 14 (2) The Commonwealth or a prescribed entity may deal with the animal 15 or other thing as it considers appropriate, including, for example, by 16 destroying it or giving it away. 17 (3) However, the Commonwealth or a prescribed entity must not deal 18 with the animal or other thing in a way that could prejudice the 19 outcome of an appeal under this Act of which it is aware. 20 (4) Subsection (3) does not limit an inspector's power under section 61 21 to destroy the animal. 22 (5) If the Commonwealth or a prescribed entity sells the animal or other 23 thing, it may return the proceeds of the sale to the former owner of 24 the animal or other thing, after deducting the costs of the sale and 25 allowing for any costs it has previously recovered from the former 26 owner. 27 (6) The Chair of the Authority may deal with the animal or other thing 28 for the Commonwealth. National Animal Welfare Bill 2005 No. , 2005 33
Part 3 Inspection Division 5 Seizure and forfeiture Section 55 1 55 Appeal against forfeiture 2 (1) If an animal or thing is forfeited in accordance with this 3 Subdivision, the owner of the animal or other thing may, whether or 4 not an information notice has been given to the owner, appeal to the 5 Chair of the Authority for the return of the animal or other thing. 6 (2) An appeal: 7 (a) must be in writing in an approved form; and 8 (b) must specify the grounds on which the appeal is made. 9 56 Where a person makes an appeal in accordance with section 55 10 The Chair must consider an appeal under section 55 expeditiously 11 and either: 12 (a) overturn the forfeiture; or 13 (b) confirm the forfeiture; 14 and must cause the person to be notified in writing of the decision 15 together with a statement of reasons for the decision. 34 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Animal welfare directions Division 6 Section 57 1 2 Division 6--Animal welfare directions 3 57 Application of Division 4 (1) This Division applies if an inspector reasonably believes: 5 (a) a person has committed, is committing, or is about to commit, 6 an animal welfare offence; or 7 (b) an animal: 8 (i) is not being cared for properly; or 9 (ii) is experiencing undue pain; or 10 (iii) requires veterinary treatment; or 11 (iv) should not be used for work. 12 (2) This Division also applies if an animal has been seized under 13 Subdivision 1 of Division 5. 14 58 Power to give animal welfare direction 15 (1) The inspector may give a written direction (an animal welfare 16 direction) requiring stated action about the animal or its 17 environment. 18 (2) The animal welfare direction may be given to: 19 (a) a person in charge of the animal; or 20 (b) a person whom the inspector reasonably believes is in charge 21 of the animal; or 22 (c) if the animal has been seized under Subdivision 1 of 23 Division 5: 24 (i) a person who, immediately before the seizure, was a 25 person in charge of the animal; or 26 (ii) a person whom the inspector reasonably believes was, 27 immediately before the seizure, a person in charge of the 28 animal. 29 (3) Without limiting subsection (1), the animal welfare direction may 30 require a person to: National Animal Welfare Bill 2005 No. , 2005 35
Part 3 Inspection Division 6 Animal welfare directions Section 59 1 (a) care for, or treat, the animal in a stated way; 2 (b) provide the animal with stated accommodation, food, rest, 3 water or other living conditions; 4 (c) consult a veterinary surgeon about the animal's condition 5 before a stated time; 6 (d) move the animal from the place where it is situated when the 7 direction is given to another stated place for a purpose 8 mentioned in paragraph (a), (b) or (c); 9 (e) not to move the animal from the place where it is situated 10 when the direction is given. 11 (4) However, an animal welfare direction may be given only if the 12 inspector considers it to be necessary and reasonable in the interests 13 of the animal's welfare. 14 (5) The animal welfare direction may state how the person given the 15 direction may show that the stated action has been taken. 16 59 Requirements for giving animal welfare direction 17 (1) An animal welfare direction must: 18 (a) be in the approved form; and 19 (b) describe: 20 (i) the animal in a way that reasonably allows the person 21 given the direction to identify it; or 22 (ii) if the direction is given because the inspector reasonably 23 believes a person has committed, is committing or is 24 about to commit, an animal welfare offence--the type of 25 animal to which the offence relates; and 26 (c) state: 27 (i) each requirement; and 28 (ii) a time for the person to comply with each requirement; 29 and 30 (d) include an information notice about the decision to give the 31 direction. 32 (2) Despite paragraph (1)(a), an animal welfare direction may be given 33 orally if: 36 National Animal Welfare Bill 2005 No. , 2005
Inspection Part 3 Animal welfare directions Division 6 Section 60 1 (a) the inspector considers it to be in the interests of the animal's 2 welfare to give the direction immediately; and 3 (b) for any reason it is not practicable to immediately give the 4 direction in the approved form; and 5 (c) the inspector gives the person an offence warning. 6 (3) If the direction is given orally, the inspector must confirm the 7 direction by also giving it in the approved form as soon as 8 practicable after giving it orally. 9 (4) An animal welfare direction may state that an inspector proposes, at 10 a stated time or at stated intervals, to enter either of the following 11 places where an animal the subject of the direction is kept, to check 12 compliance with the direction: 13 (a) a vehicle of which the person is the person in control; 14 (b) another place of which the person is the occupier. 15 60 Failure to comply with animal welfare direction 16 (1) A person to whom an animal welfare direction has been given must 17 not refuse or fail to comply with the direction. 18 Maximum penalty: 100 penalty units or imprisonment for 1 year. 19 (2) Subsection (1) does not apply if the person has a reasonable excuse. 20 Note: The defendant bears an evidential burden in relation to the matter in 21 subsection (2). See subsection 13.3(3) of the Criminal Code. National Animal Welfare Bill 2005 No. , 2005 37
Part 3 Inspection Division 7 Inspector's power to destroy animals Section 61 1 2 Division 7--Inspector's power to destroy animals 3 61 Power of destruction 4 An inspector may destroy an animal, or cause it to be destroyed, if: 5 (a) an inspector has seized the animal under this Part or the 6 person in charge of the animal has given written consent to the 7 destruction; and 8 (b) the inspector reasonably believes that the animal is in pain to 9 the extent that it is cruel to keep it alive. 10 62 Other duties 11 (1) An inspector must keep an inventory of all animals for which he or 12 she has responsibility. 13 (2) Inspectors must keep prescribed records of their activities. 14 (3) Without affecting subsection (2), records must contain a brief 15 account of each case, observations, corrective actions and other 16 matters that may be important for the welfare of animals. 17 (4) A report in relation to each animal for which an inspector has 18 responsibility must be submitted in the prescribed form by the 19 inspector to the Authority. 38 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Breach of duty of care Division 1 Section 63 1 2 Part 4--Animal welfare offences 3 Division 1--Breach of duty of care 4 63 Breach of duty of care prohibited 5 (1) A person in charge of an animal owes a duty of care to it. 6 (2) The person must not breach the duty of care. 7 Maximum penalty: 300 penalty units or imprisonment for 1 year. 8 (3) For the purposes of subsection (2), a person breaches the duty only 9 if the person does not take reasonable steps to ensure that: 10 (a) the animal's needs for: 11 (i) food and water; 12 (ii) accommodation or living conditions; 13 (iii) treatment for disease or injury; 14 are provided for; and 15 (b) any handling of the animal by the person, or caused by the 16 person, is appropriate. 17 (4) In deciding what is appropriate for the purposes of 18 paragraph (3)(b), regard must be had to: 19 (a) the species, environment and circumstances of the animal; and 20 (b) the steps a reasonable person in the circumstances of the 21 person would reasonably be expected to have taken. National Animal Welfare Bill 2005 No. , 2005 39
Part 4 Animal welfare offences Division 2 Cruelty offences Section 64 1 2 Division 2--Cruelty offences 3 64 Animal cruelty prohibited 4 (1) A person must not be cruel to an animal. 5 Maximum penalty: 1000 penalty units or imprisonment for 2 6 years. 7 (2) Without limiting subsection (1), a person is taken to be cruel to an 8 animal if the person does any of the following to the animal: 9 (a) causes it pain that, in the circumstances, is unjustifiable, 10 unnecessary or unreasonable; 11 (b) beats it so as to cause the animal pain; 12 (c) abuses, terrifies, torments or worries it; 13 (d) overdrives, overrides or overworks it; 14 (e) uses on the animal an electrical device; 15 (f) confines or transports it: 16 (i) without appropriate preparation, including, for example, 17 appropriate food, rest, shelter, exercise or water; or 18 (ii) when it is unfit for the confinement or transport; or 19 (iii) in a manner that causes injury, pain or undue stress to 20 the animal; or 21 (iv) in a way that is inappropriate for the animal's welfare; or 22 (v) in an unsuitable container or vehicle; or 23 (vi) with lack of protection from the elements; or 24 (vii) in conditions susceptible to infestation of food by rodents 25 or insects; 26 (g) kills it in a way that: 27 (i) is inhumane; or 28 (ii) causes it not to die quickly; or 29 (iii) causes it to die in unreasonable pain; 30 (h) unjustifiably, unnecessarily or unreasonably: 31 (i) injures or wounds it; or 40 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Cruelty offences Division 2 Section 65 1 (ii) overcrowds or overloads it; or 2 (iii) overbreeds female dogs during the first estrus cycle: 3 (A) when the female dogs are not fully mature; or 4 (B) without sufficient rest between litters; 5 (i) inbreeds dogs; 6 (j) fails to provide proper veterinary care; 7 (k) fails to socialise dogs with humans; 8 (l) kills unwanted animals. 9 (3) For the purposes of this section, it is presumed that any breeder with 10 more than 25 dogs is in violation of this section, unless the breeder 11 is able to demonstrate the contrary to the satisfaction of the Chair of 12 the Authority. 13 65 Alleviation of pain 14 (1) A person who injures an animal (not being an animal of which that 15 person is in charge) must not, without reasonable excuse, fail to 16 take reasonable steps (including, where appropriate, seeking 17 veterinary treatment) to alleviate any pain suffered by the animal. 18 Maximum penalty: 50 penalty units. 19 (2) A person in charge of an animal must not, without reasonable 20 excuse, fail to take adequate precautions to prevent the escape of the 21 animal from custody or control. 22 Maximum penalty: 20 penalty units. National Animal Welfare Bill 2005 No. , 2005 41
Part 4 Animal welfare offences Division 3 Prohibited conduct Section 66 1 2 Division 3--Prohibited conduct 3 66 Unreasonable abandonment 4 A person in charge of an animal must not abandon an animal unless 5 the person has a reasonable excuse or the abandonment is 6 authorised by law. 7 Maximum penalty: 300 penalty units or imprisonment for 1 year. 8 67 Prohibited release 9 Intentional release 10 (1) A person in charge of an animal must not intentionally release an 11 animal unless the person has a reasonable excuse or the release is 12 authorised by law. 13 Maximum penalty: 300 penalty units or imprisonment for 1 year. 14 Unintentional release 15 (2) A person in charge of an animal must not unintentionally release an 16 animal unless the person has a reasonable excuse or the release is 17 authorised by law. 18 Maximum penalty: 50 penalty units. 19 68 Causing captive animal to be injured or killed by dog 20 A person must not knowingly cause an animal in captivity to be 21 injured or killed by a dog. 22 Maximum penalty: 300 penalty units or imprisonment for 1 year. 23 69 Releasing animal for injury or killing by dog 24 A person must not release an animal if the release is: 25 (a) to allow the animal to be injured or killed by a dog; or 42 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Prohibited conduct Division 3 Section 70 1 (b) in circumstances in which the animal is likely to be injured or 2 killed by a dog unless the person takes reasonable steps to 3 prevent the injury or killing. 4 Maximum penalty: 300 penalty units or imprisonment for 1 year. 5 70 Keeping or using as kill or lure for blooding or coursing 6 A person must not keep or use an animal as a kill or lure: 7 (a) for blooding a dog; or 8 (b) to race or train a coursing dog. 9 Maximum penalty: 300 penalty units or imprisonment for 1 year. 10 71 Possession of prohibited trap or spur unlawful 11 (1) A person must not possess any of the following (a prohibited trap 12 or spur): 13 (a) a trap prescribed under a regulation to be a prohibited trap; 14 (b) a spur with sharpened or fixed rowels; 15 (c) a cockfighting spur cap. 16 Maximum penalty: 100 penalty units. 17 (2) Subsection (1) does not apply if the person has a reasonable excuse. 18 Note: The defendant bears an evidential burden in relation to the matter in 19 subsection (2). See section 13.3(3) of the Criminal Code. 20 (3) It is a reasonable excuse for a person to possess a prohibited trap or 21 spur if: 22 (a) it has been rendered inoperable for use as a prohibited trap or 23 spur; and 24 (b) the possession is for display or is part of a collection. 25 (4) In this section: 26 spur includes any device similar to a spur. National Animal Welfare Bill 2005 No. , 2005 43
Part 4 Animal welfare offences Division 3 Prohibited conduct Section 72 1 72 Use of prohibited trap or spur unlawful 2 A person must not use a prohibited trap or spur as a trap or spur. 3 Maximum penalty: 300 penalty units or imprisonment for 1 year. 4 73 Baits or harmful substances 5 (1) A person, other than a person authorised under the following 6 regime, must not, with the intention of injuring or killing an animal, 7 administer to or feed the animal a substance that the person knows 8 is harmful or poisonous to it unless: 9 (a) a permit is issued; and 10 (b) it has been assessed or is under assessment under the 11 Environment Protection and Biodiversity Conservation Act 12 1999 by a public environment report or environmental impact 13 assessment; and 14 (c) there are no impacts caused on threatened species, migratory 15 birds, or any matters of national environmental significance; 16 and 17 (d) baits laced by hand are laid by approved persons. 18 (2) All baits must be recorded and a register kept of all laid and 19 recovered baits. 20 (3) Every baiting event must be audited to include: 21 (a) estimated numbers of target species and deaths; 22 (b) estimated numbers of non-target species deaths. 23 Maximum penalty: 300 penalty units or imprisonment for 1 year. 24 (4) A person must not, with the intention of injuring or killing any 25 animal, lay a bait or a substance that is harmful or poisonous to any 26 animal. 27 Maximum penalty: 300 penalty units or imprisonment for 1 year. 28 (5) In this section: 29 lay includes deposit, distribute, leave and throw. 44 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Prohibited conduct Division 3 Section 74 1 74 Unlawfully allowing an animal to injure or kill another animal 2 A person in control of an animal (the first animal) must not 3 unlawfully allow it to injure or kill another animal (the second 4 animal). 5 Maximum penalty: 300 penalty units or imprisonment for 1 year. 6 (2) The person unlawfully allows the first animal to injure or kill the 7 second animal if immediately before the injury or killing happens: 8 (a) the first animal was under the person's immediate supervision; 9 and 10 (b) the person: 11 (i) was aware of the second animal's presence; and 12 (ii) ought reasonably to have suspected that the second 13 animal was immediately vulnerable to the first animal 14 and was likely to be injured or killed by it; and 15 (iii) did not take reasonable steps to prevent the injury or 16 killing. 17 75 Cropping dogs' ears 18 (1) A person, other than a veterinary surgeon, must not crop a dog's 19 ear. 20 Maximum penalty: 100 penalty units. 21 (2) A veterinary surgeon must not crop a dog's ear for cosmetic 22 purposes. 23 Maximum penalty: 100 penalty units. 24 (3) In this section: 25 crop a dog's ear means to remove part of the ear to make the ear 26 stand erect. National Animal Welfare Bill 2005 No. , 2005 45
Part 4 Animal welfare offences Division 3 Prohibited conduct Section 76 1 76 Docking dogs' tails 2 (1) A person, other than a veterinary surgeon, must not dock a dog's 3 tail. 4 Maximum penalty: 100 penalty units. 5 (2) A veterinary surgeon must not dock a dog's tail unless the 6 veterinary surgeon reasonably considers that the docking is in the 7 interests of the dog's welfare. 8 Maximum penalty: 100 penalty units. 9 77 Debarking operations 10 (1) A person, other than a veterinary surgeon, must not perform an 11 operation on a dog to prevent it from being able to bark or to reduce 12 the volume of its bark (a debarking operation). 13 Maximum penalty: 300 penalty units or imprisonment for 1 year. 14 (2) A veterinary surgeon must not perform a debarking operation on a 15 dog unless the veterinary surgeon: 16 (a) reasonably considers that the operation is in the interests of 17 the dog's welfare; or 18 (b) has been given a relevant nuisance abatement notice and the 19 veterinary surgeon reasonably considers that the operation is 20 the only way to comply with the notice without destroying the 21 dog; or 22 (c) has been given an appropriate notice and the surgeon 23 reasonably considers that the operation is the only way to stop 24 the dog's barking from being a nuisance without destroying 25 the dog. 26 Maximum penalty: 300 penalty units or imprisonment for 1 year. 27 (3) For the purposes of paragraph (2)(c), an appropriate notice means a 28 notice signed by each owner of the dog asking the veterinary 29 surgeon to perform the operation and stating: 46 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Prohibited conduct Division 3 Section 78 1 (a) that, in the opinion of each owner, the dog's barking is a 2 nuisance; 3 (b) that attempts have been made to prevent the dog's barking 4 from being a nuisance; 5 (c) for each attempt: 6 (i) the nature of the attempt; and 7 (ii) enough details of the attempt to allow the veterinary 8 surgeon to form a view under paragraph (2)(c); 9 (d) that each attempt has been unsuccessful. 10 (4) In this section: 11 bark includes cry, howl and yelp. 12 nuisance, in relation to barking, means interference with the 13 reasonable comfort, peace or privacy of any person. 14 78 Removal of cats' claws 15 (1) A person, other than a veterinary surgeon, must not remove a cat's 16 claw. 17 Maximum penalty: 300 penalty units or imprisonment for 1 year. 18 (2) A veterinary surgeon must not remove a cat's claw unless the 19 veterinary surgeon reasonably considers that the removal is in the 20 interests of the cat's health or in the interests of native wildlife. 21 Maximum penalty: 300 penalty units or imprisonment for 1 year. 22 79 Docking tails of cattle or horses 23 (1) In this section animal means: 24 (a) a head of cattle; 25 (b) a horse. 26 (2) A person, other than a veterinary surgeon, must not dock an 27 animal's tail. 28 Maximum penalty: 300 penalty units or imprisonment for 1 year. National Animal Welfare Bill 2005 No. , 2005 47
Part 4 Animal welfare offences Division 3 Prohibited conduct Section 80 1 (3) A veterinary surgeon must not dock an animal's tail unless the 2 veterinary surgeon reasonably considers that the docking is in the 3 interests of the animal's welfare. 4 Maximum penalty: 300 penalty units or imprisonment for 1 year. 5 80 Mulesing of sheep 6 (1) In this section: 7 mulesing means the removal of wool-bearing skin from the crutch 8 (hindquarters) of a sheep. 9 (2) A person must not engage in mulesing of sheep. 10 Maximum penalty: 300 penalty units or imprisonment for 1 year. 11 81 Use for certain scientific purposes unlawful 12 A person must not, without the Authority's written approval: 13 (a) conduct the test commonly known as the Draize eye or skin 14 irritancy test, or a similar test; or 15 (b) conduct the test commonly known as the classical LD 50 test, 16 or a similar test; or 17 (c) use an animal for a scientific purpose if the use involves 18 testing: 19 (i) a cosmetic; or 20 (ii) a sunscreen product; or 21 (iii) an ingredient of a cosmetic or sunscreen product. 22 Maximum penalty: 300 penalty units or imprisonment for 1 year. 48 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Prohibited events Division 4 Section 82 1 2 Division 4--Prohibited events 3 82 Meaning of prohibited event 4 A prohibited event means: 5 (a) a bullfight or organised event held for public entertainment in 6 which a person provokes a bull in a way that is likely to cause 7 it to charge; 8 (b) a cockfight or dogfight or other event in which an animal 9 fights, or is encouraged to fight, with another animal; 10 (c) a canned hunt or other event in which an animal is killed in an 11 enclosure to obtain a trophy; 12 (d) coursing or any other event in which an animal is released 13 from captivity to be hunted, injured or killed by another 14 animal; 15 (e) an event in which an animal is released from captivity to be 16 hunted, or shot at by a person; 17 (f) an event prescribed under a regulation held for public 18 enjoyment or entertainment, with or without charge to anyone 19 present, at which anyone participating in the event causes an 20 animal pain. 21 83 Participation in prohibited event 22 (1) A person must not: 23 (a) organise a prohibited event; or 24 (b) knowingly: 25 (i) permit a prohibited event to be organised; or 26 (ii) supply an animal for use in a prohibited event; or 27 (iii) supply premises for use for a prohibited event. 28 Maximum penalty: 300 penalty units or imprisonment for 1 year. 29 (2) In this section: National Animal Welfare Bill 2005 No. , 2005 49
Part 4 Animal welfare offences Division 4 Prohibited events Section 84 1 organise a prohibited event includes taking part in organising the 2 event. 3 84 Presence at prohibited event 4 (1) A person must not be present at a prohibited event. 5 Maximum penalty: 150 penalty units or imprisonment for 1 year. 6 (2) Subsection (1) does not apply if the person has a reasonable excuse. 7 Note: The defendant bears an evidential burden in relation to the matter in 8 subsection (2). See subsection 13.3(3) of the Criminal Code. 50 National Animal Welfare Bill 2005 No. , 2005
Animal welfare offences Part 4 Regulated conduct Division 5 Section 85 1 2 Division 5--Regulated conduct 3 85 Obligation to exercise closely confined dogs 4 (1) A person in charge of a dog that is closely confined for a continuous 5 period of 24 hours must ensure the dog is exercised or allowed to 6 exercise itself for: 7 (a) the next 2 hours; or 8 (b) the next hour and for another hour in the next 24 hours. 9 Maximum penalty: 20 penalty units. 10 (2) Subsection (1) does not apply if the person has a reasonable excuse. 11 Note: The defendant bears an evidential burden in relation to the matter in 12 subsection (2). See subsection 13.3(3) of the Criminal Code. 13 (3) In deciding for the purposes of subsection (1) whether a dog is 14 closely confined, regard must be had to the dog's age, physical 15 condition and size. 16 86 Feral animals or pests 17 (1) This section applies to an offence if the act that constitutes the 18 offence is: 19 (a) an act done by a person to control a feral animal or pest, 20 including, for example, by killing it; and 21 (b) the act does not involve the use of a prohibited trap or spur. 22 (2) It is not an offence: 23 (a) if the act that otherwise constitutes an offence is done in a 24 way that causes the animal as little pain as is reasonable; and 25 (b) the act does not damage or cause damage to eco-systems and 26 causes no harm or damage to non-target species. 27 (3) In this section: 28 feral animal means an animal living in a wild state that is a member 29 of a class of animals that usually live in a domestic state. National Animal Welfare Bill 2005 No. , 2005 51
Part 4 Animal welfare offences Division 5 Regulated conduct Section 87 1 pest means: 2 (a) a non-indigenous animal generally regarded as being a pest; 3 (b) an animal declared under a regulation made under this or 4 another Act to be a pest. 5 (4) An act that otherwise constitutes an offence under this Act is not an 6 offence if the Chair determines that a feral animal or pest can be 7 eradicated either: 8 (a) completely; or 9 (b) from a protected area; or 10 (c) from an area deemed significant habitat for other species. 11 (5) An act that otherwise constitutes an offence under this Act is not an 12 offence if the Chair determines that eradication measures are urgent. 13 87 Animals used to feed another animal 14 (1) An act that otherwise constitutes an offence under this Act is not an 15 offence if: 16 (a) the act that constitutes the offence involves a person using an 17 animal (the food animal) as live food for another animal (the 18 fed animal); and 19 (b) the food animal and the fed animal are both lawfully kept by 20 the person; and 21 (c) the fed animal will only eat the food animal if it is alive; and 22 (d) feeding the food animal to the fed animal is essential for the 23 fed animal's survival; and 24 (e) the fed animal will only eat native species as lure food and no 25 other. 52 National Animal Welfare Bill 2005 No. , 2005
Live exports Part 5 Section 88 1 2 Part 5--Live exports 3 4 88 Limitation on live exports 5 (1) A person must not transport a live animal for commercial purposes 6 from Australia without a permit issued by the Authority. 7 (2) This section has no effect on the export provisions of the 8 Environment Protection and Biodiversity Conservation Act 1999. 9 Maximum penalty: 100 penalty units. 10 89 Export permits 11 (1) A person must apply to the Authority for a permit to transport live 12 animals for commercial purposes from Australia. 13 (2) An application must be made at least 30 days before the proposed 14 transportation. 15 (3) The Authority may grant a permit to an applicant only if the 16 Authority is satisfied that: 17 (a) the applicant will comply with the provisions of this section 18 and any code of practice for exporting live animals approved 19 by the Minister under the regulations; and 20 (b) the applicant will make all facilities to be used in the 21 transportation, including waiting areas to be used before and 22 after the transportation, available for inspection by an 23 inspector; and 24 (c) an inspector will be able to inspect the facilities at the port of 25 destination and, if the animals are exported for slaughter 26 outside Australia, the abattoirs to be used for the slaughter of 27 the animals; and 28 (d) the applicant will employ, for the purpose of the 29 transportation, the number of veterinary surgeons and 30 competent stockpersons decided by the Authority; and National Animal Welfare Bill 2005 No. , 2005 53
Part 5 Live exports Section 90 1 (e) the applicant will allow an inspector to be present at the 2 loading and unloading of the animals; and 3 (f) the applicant will, if the Authority directs, allow an inspector 4 to accompany the transportation of the animals. 5 (4) The Australian Standards for the Export of Live-stock is a code of 6 practice for the purposes of paragraph (3)(a). 7 (5) The Authority must not issue a permit to an applicant unless the 8 Authority is satisfied that the laws and codes of practice relating to 9 animal welfare that operate in the country to which the animals are 10 to be exported provide comparable animal welfare standards and 11 protection to the laws of Australia. 12 (6) An inspector may detain a vessel until all the requirements for 13 transportation are fulfilled. 14 (7) If an animal keeper, before the transportation to which a permit 15 relates, fails to implement the provisions of this Act or to comply 16 with any approved code of practice for exporting live animals, the 17 Authority may, by written notice given to the holder, withdraw the 18 permit. 19 (8) If, after granting a permit and before the transportation to which it 20 relates, the Authority ceases to be satisfied of any of the matters 21 specified in subsection (5), the Authority may, by written notice 22 given to the holder, withdraw the permit. 23 90 Duties of veterinary surgeons 24 (1) A veterinary surgeon who accompanies a transportation of animals 25 must keep records as prescribed of the welfare and comfort of the 26 animals during the transportation and must submit a report of the 27 records to the Authority within 2 weeks of returning to Australia. 28 (2) A report under subsection (1) must include details of animal deaths 29 and the physical condition of the animals during the transportation. 54 National Animal Welfare Bill 2005 No. , 2005
Live exports Part 5 Section 91 1 91 Liability 2 (1) Liability under this Act for the welfare of the animals remains with 3 the seller of the animals unless legally passed on to an agent. Such a 4 transfer of liability must be in writing and signed by both the seller 5 and the agent. 6 (2) Liability under this Act remains with the seller or his or her agent 7 during the entire act of transportation until the time of delivery. 8 (3) A person who is liable under subsection (1) may show that another 9 person is liable for a particular act during transportation which 10 resulted in the suffering or death of an animal. 11 (4) If liability cannot be clearly placed with a particular person, the 12 liability must be jointly held by those persons against whom it can 13 be reasonably assumed that such a liability may lie. National Animal Welfare Bill 2005 No. , 2005 55
Part 6 Imports of animal products Section 92 1 2 Part 6--Imports of animal products 3 4 92 Limitation on import of animal products 5 (1) A person must not import animal products without a permit issued 6 by the Authority. 7 (2) This section has no effect on the import provisions of the 8 Environment Protection and Biodiversity Conservation Act 1999. 9 Maximum penalty: 100 penalty units. 10 93 Import permits 11 (1) A person must apply to the Authority for a permit to import animal 12 products. 13 (2) An application must be made at least 30 days before the proposed 14 importation. 15 (3) The Authority must not issue a permit to an applicant unless the 16 Authority is satisfied that the laws and codes of practice relating to 17 animal welfare that operate in the country of origin of the animal 18 products to be imported provide comparable animal welfare 19 standards and protection to the laws of Australia. 20 94 Restricted imports--cat and dog fur 21 The Governor-General may not make regulations which reduce the 22 restrictions on the importation of cat fur, dog fur or a cat or dog fur 23 product specified in the amendment to the Customs (Prohibited 24 Imports) Regulations 1956 made by Statutory Rules 2004 No. 142. 56 National Animal Welfare Bill 2005 No. , 2005
Labelling of animal products Part 7 Section 95 1 2 Part 7--Labelling of animal products 3 4 95 Authority to develop draft code of practice 5 (1) Not less than 3 years after the commencement of this Act, the 6 Authority must prepare and give to the Minister for approval a draft 7 code of practice in relation to the labelling of animal products. 8 (2) It is the intention of the Parliament that the code of practice for the 9 labelling of animal products establish a system of labelling that 10 provides consumers with information about the methods used to 11 produce animal products where those methods may influence 12 consumer choice because of their impact on: 13 (a) animal welfare; or 14 (b) the health, safety, ethical or moral concerns or religious 15 beliefs of consumers. 16 (3) In developing a draft code of practice, the Authority must consult 17 with the community by inviting and considering written submissions 18 from members of the public, and by convening public meetings in 19 each State and internal Territory. 20 (4) This draft code of practice applies to both imported and domestic 21 products. National Animal Welfare Bill 2005 No. , 2005 57
Part 8 Animals used for experimental purposes Section 96 1 2 Part 8--Animals used for experimental purposes 3 4 96 Definitions 5 In this Part: 6 animal means an invertebrate or vertebrate animal other than a 7 human being. 8 approved research is research approved under this Act. 9 pain refers to both psychological and physical pain and, in an 10 animal, is taken to be the same sensation that an average, well 11 human, having suffered the same trauma, would experience. 12 research means a critical or scientific inquiry, study, investigation 13 or experimental test, including a procedure involving interference 14 with an animal's condition of well-being, where pain or distress is 15 likely to occur. 16 research unit means premises on which animals are used in 17 research and includes premises used for collecting, assembling, 18 breeding, rearing or maintaining animals in connection with a 19 research unit. 20 research unit operator means the person responsible for a research 21 unit. 22 research worker means a person actively involved in research. 23 supply unit means premises other than a research unit that are used 24 for the maintaining, breeding and rearing of animals and the 25 collecting and assembling of animals pursuant to a contract between 26 the operator of the supply unit and the operator of a research unit. 27 supply unit operator means the person responsible for a supply 28 unit. 58 National Animal Welfare Bill 2005 No. , 2005
Animals used for experimental purposes Part 8 Section 97 1 97 Offence to operate research unit or supply unit without a licence 2 A person must not operate a research unit or a supply unit without a 3 licence under this Part. 4 Maximum penalty: 100 penalty units. 5 98 Offence to conduct research with animals other than in 6 accordance with code of practice 7 (1) A person must not conduct research with animals other than in 8 accordance with a code of practice published by the National Health 9 and Medical Research Council. 10 Maximum penalty: 100 penalty units. 11 (2) For the purposes of this section, a code of practice published by the 12 National Health and Medical Research Council includes the 13 Australian Code of Practice for the Care and Use of Animals for 14 Scientific Purposes. 15 99 Matters of responsibility 16 (1) The Authority is responsible for the following matters in relation to 17 the experimental use of animals: 18 (a) issuing licences for approved research to a research worker; 19 (b) issuing licences for the operation of a supply unit; 20 (c) issuing licences for the operation of a research unit; 21 (d) giving final approval and issuing licences to all research 22 projects funded by a Commonwealth Department or program; 23 (e) giving final approval and issuing licences to all research 24 projects funded by a corporation of the kind mentioned in 25 section 5 of this Act or an international corporation; 26 (f) the preparation of an annual report to the Minister which 27 includes: 28 (i) the number of animals bred within each research unit and 29 the number purchased or obtained from licensed supply 30 unit operators in each year, broken down into the National Animal Welfare Bill 2005 No. , 2005 59
Part 8 Animals used for experimental purposes Section 99 1 different species bred or brought in, and the names and 2 addresses of the licensed supply unit operators; and 3 (ii) the number of animals made available for research each 4 year, and the number of animals used by species; and 5 (iii) the number of animals utilised for breeding colony 6 maintenance; and 7 (iv) the number of animals surplus to requirements which 8 were culled, and by what method; and 9 (v) the number of deaths from disease or from unexplained 10 causes; and 11 (vi) the number of experiments and/or tests on live whole 12 animals during the preceding twelve months; and 13 (vii) the number of experiments or tests on live whole animals 14 in which anaesthesia was administered; and 15 (viii) the number of animals used per category of experiment 16 or test (for example, cancer research, diagnostic 17 procedures, medical and veterinary, standardisation of 18 drugs, sera and vaccines, safety testing of household 19 products, safety testing of cosmetics, testing of weapons, 20 riot control and defence devices, safety testing of 21 agricultural products, safety testing of industrial 22 chemicals, toxicity testing of food additives and 23 behavioural research); 24 (g) advising inspectors on any matter relating to this Part; 25 (h) assessing recommendations from inspectors or research unit 26 operators for revocation of licences, and the revocation of 27 such licences, temporarily or otherwise; 28 (i) reporting and making recommendations regarding any 29 extension of the use of animals by commercial interests, 30 recognising that strict controls are necessary where the overall 31 purpose of experiments is the pursuit of commercial 32 enterprise; 33 (j) giving the Minister continuing help and advice; 34 (k) ensuring that the requirements of scientists are assessed by a 35 competent authority; 60 National Animal Welfare Bill 2005 No. , 2005
Animals used for experimental purposes Part 8 Section 100 1 (l) ensuring that the public is aware that proposals for cruel 2 experiments will be scrutinised; 3 (m) providing a panel of persons with expertise in animal welfare 4 and laboratory animal science to advise licensees; 5 (n) actively encouraging, through grants and incentive schemes, 6 research into alternatives to animal experimentation. 7 100 Data bank 8 (1) The Authority must establish a data bank of all experiments using 9 animals, carried out in both Australia and overseas. 10 (2) The Authority must establish a data bank of alternatives to 11 experiments using animals that are carried out both in Australia and 12 overseas. 13 101 Licences 14 (1) A person may apply to the Authority, in a form approved by the 15 Authority, for a licence: 16 (a) to operate a research unit; or 17 (b) to operate a supply unit; or 18 (c) to conduct a research project. 19 (2) The Authority must not grant a licence to a person unless the person 20 undertakes in writing to comply with the Australian Code of 21 Practice for the Care and Use of Animals for Scientific Purposes 22 issued by the National Health and Medical Research Council. 23 Note: It is an offence under section 96 to conduct experiments other than in 24 accordance with a code of practice. 25 (3) The Authority must not grant a licence to operate a research unit 26 unless it is satisfied that the applicant will provide all pens, cages, 27 compounds, tools, implements, buildings and dietary materials 28 necessary to properly care for and handle animals in the research 29 unit in compliance with the cruelty provisions of this Act. 30 (4) The Authority must not grant a licence to operate a supply unit 31 unless it is satisfied that the applicant: National Animal Welfare Bill 2005 No. , 2005 61
Part 8 Animals used for experimental purposes Section 102 1 (a) has proven experience in the proper care and handling of 2 animals; and 3 (b) possesses all pens, cages, compounds, vehicles, tools, 4 implements, buildings and dietary materials necessary to 5 properly care for and handle animals on his or her premises as 6 specified in the regulations; and 7 (c) has a veterinary surgeon readily available to provide care and 8 regular inspections of the breeding and maintenance premises. 9 102 Public notice of licences 10 (1) The Authority must ensure that notices of an application for a 11 licence are published in a newspaper circulating in the locality of a 12 research unit and in a different newspaper circulating nationally. 13 (2) The notices must state the time and place at which the Authority 14 will meet to consider whether to grant the licence. 15 103 Conditions of licences 16 A licence under this Part is subject to such conditions as the 17 Authority determines and specifies in the licence. 18 104 Objections to licences 19 Any person is entitled to appear before the Authority to object to the 20 proposed grant of a licence. 21 105 Suspension or revocation of licence 22 (1) The Authority may suspend or revoke a licence to operate a 23 research unit or a supply unit if the Authority is satisfied on the 24 inspection and recommendation of an inspector that: 25 (a) the operator has failed to comply with a condition of the 26 licence or this Act; or 27 (b) the operator has not properly maintained any of the facilities, 28 equipment or materials referred to in the regulations; or 62 National Animal Welfare Bill 2005 No. , 2005
Animals used for experimental purposes Part 8 Section 106 1 (c) the operator or any person employed by, or associated with, 2 the operator, has failed to observe or carry out the provisions 3 of this Act or some other law relating to cruelty, maltreatment 4 or neglect of animals. 5 (2) The Authority may suspend or revoke another licence under this 6 Part, if the operator has failed to comply with a condition of a 7 licence. 8 106 Acquisition of animals for research 9 The research unit operator must not purchase or otherwise acquire 10 an animal from any person for use in the research unit other than: 11 (a) another licensed research unit operator; or 12 (b) a licensed supply unit operator. 13 Maximum penalty: 50 penalty units. 14 107 Revoked licences 15 (1) If the Authority revokes a licence to operate a research unit, the 16 Authority must not grant another licence to the operator before the 17 end of one year after the revocation. 18 (2) In this section, operator includes both the organisation and the 19 responsible individuals determined by the Authority. 20 108 Management of pain 21 (1) Every animal used in a research unit in any experiment that is likely 22 to cause pain to the animal must be anaesthetised. 23 (2) The operator of a research unit must provide analgesics adequate to 24 prevent an animal suffering pain during the period of its recovery 25 from any procedure used in an experiment. 26 109 Notice of revocation, refusal or suspension of licence 27 If the Authority refuses to grant, or proposes to suspend or revoke, 28 a licence it must give notice to the applicant or licensee, together National Animal Welfare Bill 2005 No. , 2005 63
Part 8 Animals used for experimental purposes Section 110 1 with written reasons for its refusal or proposed suspension or 2 revocation. 3 110 Annual report of research unit operator 4 A licensed research unit operator must submit an annual report to 5 the Authority showing for each experiment: 6 (a) the purpose of the experiment; and 7 (b) the need (that is, does it duplicate other experiments and do 8 the purposes justify it); and 9 (c) commercial interests involved in the experiment; and 10 (d) the number of animals bred within the unit and the number 11 purchased or obtained from licensed supply unit operators in 12 each year, broken down into the different species bred or 13 brought in and the names and addresses of the licensed supply 14 unit operators; and 15 (e) the number of animals made available for research each year, 16 and the number of animals used by species (for example, 17 horses, dogs, cats, rodents, etc.); and 18 (f) the number of animals utilised for breeding colony 19 maintenance; and 20 (g) the number of animals surplus to requirements which were 21 culled and by what method; and 22 (h) the number of deaths from disease or from unexplained 23 causes; and 24 (i) the number of experiments or tests on live whole animals 25 during the preceding 12 months; and 26 (j) the number of experiments or tests on live whole animals in 27 which anaesthesia was administered; and 28 (k) the number of animals used per category of experiment or test 29 (for example, cancer research, diagnostic procedures, medical 30 and veterinary, standardisation of drugs, sera and vaccines, 31 safety testing of household products, safety testing of 32 cosmetics, testing of weapons, riot control and defence 33 devices, safety testing of agricultural products, safety testing 34 of industrial chemicals, toxicity testing of food additives and 35 behavioural research). 64 National Animal Welfare Bill 2005 No. , 2005
Animals used for experimental purposes Part 8 Section 111 1 A matter may be excluded from an annual report on the basis of 2 commercial-in-confidence only if the information reveals a trade 3 secret or details a process or product under patent. 4 111 Annual report of supply unit operator 5 A licensed supply unit operator must submit an annual report to the 6 Authority showing: 7 (a) the number of each species bred; and 8 (b) to whom the animals were sold or forwarded; and 9 (c) the numbers of animals acquired by each purchaser; and 10 (d) the numbers retained for breeding colony maintenance and the 11 numbers culled; and 12 (e) the number of deaths from disease or from unexplained 13 causes; and 14 (f) from where breeding animals are obtained. 15 112 Register 16 (1) The Authority must keep a register of persons registered to use 17 animals for scientific purposes. 18 (2) The Authority may keep the register in the way in which the 19 Authority considers appropriate, including, for example, in 20 electronic form. 21 113 Registration details 22 (1) The register must state the following for each registered person: 23 (a) the person's name, address and licence number; 24 (b) if the person is not an individual--the name of the principal 25 executive officer of the registered entity; 26 (c) any other information prescribed under the regulations. 27 (2) The register may include any other information which the Authority 28 considers appropriate. National Animal Welfare Bill 2005 No. , 2005 65
Part 8 Animals used for experimental purposes Section 114 1 (3) The information recorded under subsections (1) and (2) in the 2 register for a registered person is called the person's registration 3 details. 4 114 Inspection of register 5 The Authority must: 6 (a) keep the register open for inspection, free of charge, by 7 members of the public during office hours on business days at 8 the Authority's office; and 9 (b) allow a person to take extracts, free of charge, from the 10 register; and 11 (c) give a person a copy of the register, or a part of it, on 12 payment of the fee prescribed under the regulations. 13 115 False representations about registration 14 A person must not, in connection with the use of an animal for a 15 scientific purpose, intentionally or recklessly falsely represent that 16 the person or someone else is a registered person. 17 Maximum penalty: 150 penalty units. 18 116 Conditions for cancellation or suspension 19 (1) The Authority may cancel or suspend a person's registration if an 20 event mentioned in subsection (2) has occurred. 21 (2) For the purposes of subsection (1), the event is any of the following: 22 (a) the registration was because of a materially false or 23 misleading representation or declaration, made either orally or 24 in writing; 25 (b) the person has not complied with a registration condition; 26 (c) the person has not paid a fee prescribed under this Act in 27 relation to the registration; 28 (d) if the person is an individual: 29 (i) a disqualifying event happens in relation to the 30 individual; or 66 National Animal Welfare Bill 2005 No. , 2005
Animals used for experimental purposes Part 8 Section 116 1 (ii) the individual becomes an undischarged bankrupt or, as 2 a debtor, takes advantage of any law about bankruptcy 3 or insolvent debtors; 4 (e) if the person is a corporation: 5 (i) a disqualifying event happens in relation to any of its 6 executive officers or another corporation of which any of 7 its executive officers is, or has been, an executive officer; 8 or 9 (ii) it becomes insolvent as defined under section 95A of the 10 Corporations Act 2001. National Animal Welfare Bill 2005 No. , 2005 67
Part 9 Funding for animal research etc. Section 117 1 2 Part 9--Funding for animal research etc. 3 4 117 Prohibition on research funding 5 (1) The Commonwealth must not provide funding to any organisation 6 that uses animals for: 7 (a) research and development; or 8 (b) promotional activities; 9 unless the Minister is satisfied that the organisation's use of animals 10 is consistent with the objects of this Act and does not contravene 11 any code of practice established under the regulations. 12 (2) All organisations that receive commercial funding must publish all 13 other funding sources. 14 (3) If an organisation receives Commonwealth funding and funding 15 from Commonwealth sources, those sources of funding must be: 16 (i) reported in applying for any Commonwealth funds; and 17 (ii) published in the organisation's annual report. 68 National Animal Welfare Bill 2005 No. , 2005
Administrative provisions Part 10 Staff Division 1 Section 118 1 2 Part 10--Administrative provisions 3 Division 1--Staff 4 118 Staff 5 (1) The staff of the Authority are to be persons engaged under the 6 Public Service Act 1999. 7 (2) The Chair has all the powers of a Secretary under the Public 8 Service Act 1999 as they relate to the branch of the Australian 9 Public Service comprising the Authority. 10 (3) The Authority may make arrangements with an authority of the 11 Commonwealth or of a State or Territory for the services of officers 12 of that authority to be made available for the purposes of the 13 Authority. 14 119 Consultants 15 The Authority may engage consultants to assist it in the 16 performance of its functions and the exercise of its powers. National Animal Welfare Bill 2005 No. , 2005 69
Part 10 Administrative provisions Division 2 Payments and application of money Section 120 1 2 Division 2--Payments and application of money 3 120 Payments to the Authority 4 (1) There is payable to the Authority such money as is appropriated by 5 the Parliament for the purposes of the Authority. 6 (2) The Authority may receive money paid to it by a State or Territory. 7 121 Application of money of the Authority 8 (1) The money of the Authority is to be spent only: 9 (a) in paying or discharging costs, expenses and other obligations 10 incurred in the performance of its functions; and 11 (b) in paying remuneration and allowances payable under this 12 Act. 13 122 Estimates 14 (1) The Authority must prepare estimates, in the form directed by the 15 Minister, of its receipts and expenditure for: 16 (a) each financial year; and 17 (b) any other period specified by the Minister. 18 (2) The Authority must give the estimates to the Minister not later than 19 a day directed by the Minister. 20 (3) The Authority's money must be spent in accordance with the 21 estimates approved by the Minister. 70 National Animal Welfare Bill 2005 No. , 2005
Administrative provisions Part 10 Procedure of the Authority Division 3 Section 123 1 2 Division 3--Procedure of the Authority 3 123 Authority to regulate its procedure 4 Subject to this Division, the procedure to be followed by the 5 Authority is to be determined by the Chair. 6 124 Convening meetings 7 (1) The Chair is to convene such meetings of the Authority as he or she 8 thinks necessary for the efficient performance of its functions. 9 (2) The Chair must convene a meeting if requested in writing to do so 10 by at least 3 other members. 11 125 Presiding at meetings 12 (1) The Chair is to preside at all meetings at which he or she is present. 13 (2) If the Chair is not present at a meeting, the members present are to 14 appoint a member to preside at that meeting. 15 126 Quorum 16 At a meeting, 5 members constitute a quorum. 17 127 Voting at meetings 18 (1) A question arising at a meeting is to be decided by a majority of the 19 votes of the members present and voting. 20 (2) The person presiding at a meeting has a deliberative vote but does 21 not have a casting vote. 22 128 Conduct and records of meetings 23 (1) The Authority may, subject to this Division, decide the procedure at 24 meetings. National Animal Welfare Bill 2005 No. , 2005 71
Part 10 Administrative provisions Division 3 Procedure of the Authority Section 128 1 (2) The Authority must keep minutes of its meetings. 72 National Animal Welfare Bill 2005 No. , 2005
Administrative provisions Part 10 Administrative provisions Division 4 Section 129 1 2 Division 4--Administrative provisions 3 129 Delegation 4 The Authority may by instrument in writing delegate all or any of 5 its powers to a member or a member of the staff of the Authority. 6 130 Remuneration and allowances 7 (1) A member of the Authority is to be paid the remuneration and 8 allowances determined by the Remuneration Tribunal. If there is no 9 determination in force, a member is to be paid such remuneration as 10 is prescribed. 11 (2) A member is to be paid such other allowances as are prescribed. 12 (3) Remuneration and allowances payable to members are to be paid 13 out of money appropriated by the Parliament for the purposes of the 14 Authority. 15 (4) Subsections (1) and (2) have effect subject to the Remuneration 16 Tribunal Act 1973. 17 131 Leave of absence 18 (1) A member of the Authority has the recreation leave entitlements 19 determined by the Remuneration Tribunal. 20 (2) The Minister may grant a member leave of absence, other than 21 recreation leave, on such terms and conditions as to remuneration or 22 otherwise as the Minister determines. 23 132 Resignation 24 A member of the Authority may resign by sending a signed notice of 25 resignation to the Minister. National Animal Welfare Bill 2005 No. , 2005 73
Part 10 Administrative provisions Division 4 Administrative provisions Section 133 1 133 Disclosure of interests 2 (1) A member of the Authority who has a conflict of interest in relation 3 to a matter being considered or about to be considered by the 4 Authority must disclose the matters giving rise to that conflict to the 5 Authority as soon as possible after becoming aware of the conflict. 6 (2) The member must not take part in the making of a decision by the 7 Authority in relation to the matter unless the Authority, in the 8 absence of the member, decides that there is no conflict of interest. 9 (3) For the purposes of this section, a member has a conflict of interest 10 in relation to a matter being considered or about to be considered if 11 the member has any interest, pecuniary or otherwise, that could 12 conflict with the proper performance of the member's functions in 13 relation to the matter. 14 134 Ceasing to be Chair 15 If the Chair ceases to be a member of the Authority, the person 16 ceases to be the Chair. 17 135 Termination of appointment 18 (1) The Minister may terminate the appointment of a member of the 19 Authority for misbehaviour or physical or mental incapacity. 20 (2) The Minister must terminate the appointment of a member if: 21 (a) the member: 22 (i) becomes bankrupt; or 23 (ii) applies to take the benefit of any law for the relief of 24 bankrupt or insolvent debtors; or 25 (iii) compounds with his or her creditors; or 26 (iv) makes an assignment of his or her remuneration for the 27 benefit of his or her creditors; or 28 (b) the member is absent, without reasonable excuse, from 3 29 consecutive meetings of the Authority. 30 (3) If a member is: 74 National Animal Welfare Bill 2005 No. , 2005
Administrative provisions Part 10 Administrative provisions Division 4 Section 136 1 (a) an eligible employee for the purposes of the Superannuation 2 Act 1976; or 3 (b) a member of the superannuation scheme established by deed 4 under the Superannuation Act 1990; 5 the Minister may, with the member's consent, retire the member 6 from office on the grounds of physical or mental incapacity. 7 (4) In spite of anything in this Act, a member who: 8 (a) is an eligible employee for the purposes of the 9 Superannuation Act 1976; and 10 (b) has not reached his or her retiring age within the meaning of 11 that Act; 12 cannot be retired from office on the ground of invalidity within the 13 meaning of Part IVA of that Act unless the Commonwealth 14 Superannuation Board of Trustees No. 2 has given a certificate 15 under section 54C of that Act. 16 (5) In spite of anything in this Act, a member who: 17 (a) is a member of the superannuation scheme established by deed 18 under the Superannuation Act 1990; and 19 (b) is under 60; 20 cannot be retired from office on the ground of invalidity within the 21 meaning of that Act unless the Commonwealth Superannuation 22 Board of Trustees No. 1 has given a certificate under section 13 of 23 that Act. 24 136 Acting appointments 25 (1) The Minister may appoint a person to act as a member of the 26 Authority: 27 (a) during a vacancy in that office, whether or not an appointment 28 has previously been made to the office; or 29 (b) during a period, or during all periods, when the holder of the 30 office is absent from duty or from Australia or is, for any 31 reason, unable to perform the duties of the office. 32 (2) Anything done by or in relation to a person claiming to act under 33 this section is not invalid merely because: National Animal Welfare Bill 2005 No. , 2005 75
Part 11 Miscellaneous Division 4 Administrative provisions Section 136 1 (a) the occasion for the appointment had not arisen; or 2 (b) there was a defect or irregularity in connection with the 3 appointment; or 4 (c) the appointment had ceased to have effect; or 5 (d) the occasion to act had not arisen or had ended. 76 National Animal Welfare Bill 2005 No. , 2005
Miscellaneous Part 11 Administrative provisions Division 4 Section 137 1 Part 11--Miscellaneous 2 137 Regulations 3 (1) The Governor-General may make regulations prescribing all 4 matters: 5 (a) required or permitted by this Act to be prescribed; or 6 (b) necessary or convenient to be prescribed for carrying out or 7 giving effect to this Act. 8 (2) Regulations may prescribe civil or criminal penalties for the breach 9 of a regulation. 10 National Animal Welfare Bill 2005 No. , 2005 77
Schedule 1 A national animal welfare system Clause 1 1 Schedule 1--A national animal welfare system 2 3 4 1 Objectives 5 In supporting the proposal for a national animal welfare system, the 6 main objectives are to promote: 7 (a) the humane treatment of animals so that the quality of life and 8 manner of death of all animals which are under the control of 9 humans reach an acceptable minimum standard; and 10 (b) standards in relation to the housing, management, transport 11 and slaughter of animals that take into account the physical, 12 social and behavioural requirements of the relevant species; 13 and 14 (c) the international adoption of minimum standards by limiting 15 Australia's international trade in animals and animal products 16 to trade with those countries that observe comparable 17 standards. 18 2 Framework 19 The framework for a national animal welfare system is to consist of: 20 (a) a Ministerial Council to oversee the National Animal Welfare 21 Authority and be responsible for national policy formulation, 22 strategic directions and priority setting, with decisions by the 23 Ministerial Council to be made on the basis of voting by all of 24 its members; and 25 (b) a National Animal Welfare Authority to be responsible for 26 regulating the treatment of animals and reporting to the 27 Ministerial Council. 28 3 Roles and responsibilities of the key parties 29 The Ministerial Council 30 (1) The Ministerial Council will consist of one Minister from each State 31 and Territory and the Commonwealth, responsible for primary 32 industries, and will be chaired by the Commonwealth Minister. 78 National Animal Welfare Bill 2005 No. , 2005
A national animal welfare system Schedule 1 Clause 1 1 (2) On the Ministerial Council, each State and Territory Minister will 2 have one vote while the Commonwealth Minister will have two 3 votes and a casting vote. All matters will be decided by a simple 4 majority. 5 (3) The functions of the Ministerial Council are to include: 6 (a) consenting to functions and powers to be conferred on the 7 National Animal Welfare Authority; and 8 (b) monitoring the operation of the National Animal Welfare 9 Authority and receiving advice from the Authority; and 10 (c) formulating policy and setting strategic directions and 11 priorities in relation to animal welfare. 12 National Animal Welfare Authority 13 (4) The National Animal Welfare Authority has the functions specified 14 in this Act and such other functions as are conferred on the 15 Authority under the Act. National Animal Welfare Bill 2005 No. , 2005 79
Schedule 2 Definitions Clause 1 1 2 Schedule 2--Definitions 3 4 5 1 Definitions 6 In this Act, unless the contrary intention appears: 7 animal is any of the following: 8 (a) a live member of a vertebrate animal taxon; 9 (b) if it is in the last half of gestation or development a live 10 pre-natal or pre-hatched creature that is: 11 (i) a mammalian or reptilian foetus; 12 (ii) an avian, mammalian or reptilian pre-hatched young; 13 (c) a live marsupial young; 14 (d) a live invertebrate creature of a species, or a stage of the life 15 cycle of a species, from the class Cephalopoda or 16 Malacostraca prescribed under a regulation for this 17 paragraph. 18 However, a human being or human foetus is not an animal. To 19 remove any doubt, it is declared that the following are not animals: 20 (e) the eggs, spat or spawn of a fish; 21 (f) a pre-natal, larval or pre-hatched creature, other than a 22 creature mentioned in paragraph (b); 23 (g) another immature form of a creature, other than a creature 24 mentioned in paragraph (b). 25 abattoir means any premises at which the slaughter of animals takes 26 place for human consumption or pet food. 27 agent includes the transport company or any other person who has 28 taken responsibility and therefore liability for the transportation of 29 animals. 30 Agreement means any agreement made between the 31 Commonwealth, the States and the Territories in relation to animal 32 welfare. 80 National Animal Welfare Bill 2005 No. , 2005
Definitions Schedule 2 Clause 1 1 animal keeper includes the seller of animals to be transported live, 2 or their agent. 3 animal product means a product whose physical constituents were 4 largely or wholly derived from slaughtered animals. 5 Authority means the National Animal Welfare Authority. 6 at a place includes in or on the place. 7 confine includes: 8 (a) caging or keeping an animal in captivity in some other way; 9 (b) maiming, mutilating or pinioning an animal or subjecting an 10 animal to a device to hinder or prevent the animal's free 11 movement; 12 (c) tethering an animal. 13 custody of an animal includes care and control of the animal. 14 debarking operation has the meaning given in section 77. 15 delivery means the assumption of responsibility demonstrated by 16 some physical act of control made by the purchaser of the animals 17 or their agent. 18 destroy an animal includes disposing of it after it has been killed. 19 duty of care for a person in charge of an animal means the duty 20 imposed on the person. 21 enter includes: 22 (a) for a place--to re-enter the place; and 23 (b) for a vehicle--to board or re-board the vehicle. 24 entry requirement has the meaning given by section 30. 25 event includes competition, display and race. 26 exercise a power includes to exercise a power under an order, 27 warrant or other authority issued under this Act. National Animal Welfare Bill 2005 No. , 2005 81
Schedule 2 Definitions Clause 1 1 humane methods of slaughter means methods whereby animals are 2 rendered insensible to pain by mechanical, electrical, chemical or 3 other means which are rapid and effective, before slaughter and 4 before being shackled, hoisted, thrown, cast or cut. 5 inspector means a person who holds appointment as an inspector 6 under this Act. 7 member means a member of the Authority. 8 Minister means the Commonwealth Minister with responsibility for 9 primary industries. 10 Ministerial Council means the Animal Welfare Ministerial Council 11 established in accordance with the Agreement. 12 prohibited event has the meaning given by section 81. 13 prohibited trap or spur has the meaning given by section 71. 14 slaughter an animal includes preparing it for slaughter. 15 supply includes: 16 (a) to give or sell; 17 (b) to possess for supply; 18 (c) to offer or agree to give, sell or otherwise supply; 19 (d) to cause or permit to be given, sold or otherwise supplied. 20 transportation includes loading, the waiting period during loading, 21 transit, unloading at the point of destination, and the waiting period 22 prior to delivery at the point of destination. 23 use includes: 24 (a) to cause or permit to be used; and 25 (b) for an animal: 26 (i) to acquire, breed with, care for, dispose of or identify the 27 animal; and 28 (ii) to drive, load, ride, transport and work; and 29 (iii) to accommodate or provide other living conditions for the 30 animal; and 82 National Animal Welfare Bill 2005 No. , 2005
Definitions Schedule 2 Clause 1 1 (c) for premises--to keep, manage and occupy; and 2 (d) for a trap--to set. 3 vehicle includes an aircraft, boat, trailer, train and tram. 4 veterinary treatment, of an animal, means: 5 (a) consulting with a veterinary surgeon about the animal's 6 condition; or 7 (b) a medical or surgical procedure performed on the animal by a 8 veterinary surgeon; 9 (c) a medical procedure of a curative or preventive nature 10 performed on the animal by someone other than a veterinary 11 surgeon if the procedure is performed under a veterinary 12 surgeon's directions. 13 welfare, of an animal, means issues about the health, safety or 14 wellbeing of the animal. National Animal Welfare Bill 2005 No. , 2005 83