Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
Act —
"Agriculture WA" means the department of the
Public Service principally assisting with the administration of the
Agriculture Act 1988 ;
"animal" means —
(a) a
live vertebrate; or
(b) a
live invertebrate of a prescribed kind,
other than a human or
a fish (as defined in the Fish Resources Management Act 1994 );
"animal ethics committee" means an animal ethics
committee established by a scientific establishment in accordance with the
scientific use code;
"CALM" means the department of the Public Service
principally assisting with the administration of the Conservation and Land
Management Act 1984 ;
"code of practice" means a code of practice
adopted under section 94(2)(d);
"Department" means the department of the Public
Service principally assisting the Minister in the administration of this Act;
"Director General" means the chief executive
officer of the Department;
"fauna" has the same meaning as in the Wildlife
Conservation Act 1950 ;
"Fisheries Western Australia" means the department
of the Public Service principally assisting with the administration of the
Fish Resources Management Act 1994 ;
"general inspector" means a police officer or a
person appointed as a general inspector under section 33;
"harm" includes —
(a)
injury;
(b)
pain; and
(c)
distress evidenced by severe, abnormal physiological or behavioural reactions;
"inspector" means a general inspector or a
scientific inspector;
"licence" means a licence issued under Part 2;
"non-residential place" —
(a) means any place
except a building, vehicle or other structure in which a person ordinarily
lives; and
(b)
includes gardens, yards or other land surrounding, and sheds or other
outbuildings near, such a building or other structure;
"person in charge", in relation to an animal,
means —
(a) the
owner of the animal;
(b) a
person who has actual physical custody or control of the animal;
(c) if
the person referred to in paragraph (b) is a member of staff of another
person, that other person; or
(d) the
owner or occupier of the place or vehicle where the animal is or was at the
relevant time;
"place" means anywhere at all, whether or not that
place can be moved, but does not include a vehicle;
"RSPCA" means The Royal Society for the Prevention
of Cruelty to Animals, Western Australia (Incorporated);
"scientific establishment" means a person who
uses, or whose staff or students use, animals for scientific purposes;
"scientific inspector" means a person appointed as
a scientific inspector under section 33(5) or 34;
"scientific purposes" means acquiring, developing
or demonstrating knowledge or techniques in a scientific discipline, other
than in prescribed circumstances, and includes —
(a)
teaching;
(b)
research;
(c)
product development or testing; and
(d)
carrying out a prescribed activity;
"scientific use code" means the prescribed code of
practice for the care and use of animals for scientific purposes;
"staff", in relation to a person,
includes —
(a) all
the people working for, or engaged by, that person whether as officers,
employees, agents, contractors, volunteers or in any other capacity;
(b) if
the person is a scientific establishment, all the people who use the
establishment’s facilities for scientific purposes;
(c) if
the person is a body corporate, its directors, secretary and executive
officers; and
(d) if
the person is a partnership, the partners;
"vehicle" includes a train, vessel, aircraft and
any other thing used as a means of transport;
"veterinary surgeon" means a veterinary surgeon
registered under the Veterinary Surgeons Act 1960.
(2) Regulations cannot
be made to prescribe pearl oysters (as defined in the Pearling Act 1990 )
for the purposes of paragraph (b) of the definition of
“animal”.