Animal Welfare Regulations 2008
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Welfare Act 1993 .22 December 2008
PETER G. UNDERWOOD
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries and Water
These regulations may be cited as the Animal Welfare Regulations 2008 .
These regulations take effect on 1 January 2009.
In these regulations Act means the Animal Welfare Act 1993 ;baffle means a metal shield attached to, and protruding into, the inside lower front of a cage used to keep laying fowl;drinker means laying fowl means a female animal of the species Gallus gallus of at least 18 weeks of age;therapeutic purposes means the purposes of treating a disease or medical condition;year means a calendar year.
For paragraph (b) of the definition of animal in section 3 of the Act, a creature of the class Cephalopoda is prescribed as an animal for the purposes of Part 4 of the Act.
(1) In this regulation docking means removal, by surgical or non-surgical means;dog means an animal of the species Canis familiaris.(2) For section 8(2)(k) of the Act, the following are prescribed acts:(3) Subregulation (2)(b) does not apply to a veterinary surgeon who, using anaesthesia, docks all or part of the tail of a dog for therapeutic purposes.(4) Subregulation (2)(c) does not apply to a person who causes or permits a veterinary surgeon, using anaesthesia, to dock all or part of the tail of a dog for therapeutic purposes.
For section 11A(1)(a) of the Act, the prescribed Code of Practice for rodeos is the "National Consultative Committee of Animal Welfare (NCCAW) Standards for the Care and Treatment of Rodeo Livestock" published by the Commonwealth Department of Agriculture, Fisheries and Forestry on 10 June 2006, as amended or substituted from time to time.
An inspector may determine whether or not a procedure, test, experiment, inquiry or study on an animal is animal research for the purposes of the Act.
A person, except a veterinary surgeon registered under the Veterinary Surgeons Act 1987 , must not restrain an animal by the use of a pulsed, low-frequency electrical current.Penalty: Fine not exceeding 50 penalty units.
A person must not keep laying fowls in a cage unless the floor area of the cage, including the floor area under the baffle, is at least (a) 1 000 square centimetres, if one laying fowl is in the cage; or(b) 675 square centimetres for each laying fowl, if 2 laying fowls are in the cage; or(c) 550 square centimetres for each laying fowl, if Penalty: Fine not exceeding 20 penalty units.
(1) A person must not keep laying fowls in a cage unless the floor of the cage provides support for each forward-pointing toe of each of those laying fowls.Penalty: Fine not exceeding 20 penalty units.(2) If 2 or more cages are arranged in vertical tiers, a person must not keep laying fowls in any of those cages unless each of those laying fowls (a) is visible to an extent that allows a person inspecting the laying fowl to make a general assessment about the laying fowl's health and wellbeing; and(b) can easily be removed from the cage; and(c) is protected from excreta from laying fowls, if any, kept in a cage on a higher tier of the arrangement.Penalty: Fine not exceeding 20 penalty units.(3) A person must not keep laying fowls in a cage unless (a) each of those laying fowls can reasonably access (b) the length of the food trough allows a space of at least 10 centimetres for each of those laying fowls; and(c) if a water trough is used, the length of the water trough allows a space of at least 10 centimetres for each of those laying fowls.Penalty: Fine not exceeding 20 penalty units.(4) A person must not keep laying fowls in a cage unless (a) the height of the cage is (b) the width of the door of the cage is Penalty: Fine not exceeding 20 penalty units.
The prescribed penalty for an offence specified in an infringement notice served on a person in accordance with section 43A of the Act is 2 penalty units.
The fees specified in Schedule 1 are payable in respect of an application for a licence to carry out animal research.
Kind of application
Fee (on application) for each year of licence
Institutions based in Tasmania employing not more than 3 persons and having not more than 4 animal research project proposals each year
180 fee units
Institutions based in Tasmania employing 4 or more persons
360 fee units
Institutions based in Tasmania with 5 or more animal research project proposals each year
360 fee units
Institutions based outside Tasmania with own Animal Experimentation Ethics Committee
90 fee units
Institutions based outside Tasmania without own Animal Experimentation Ethics Committee and having not more than 4 animal research project proposals each year
180 fee units
Institutions based outside Tasmania without own Animal Experimentation Ethics Committee and having 5 or more animal research project proposals each year
180 fee units
Institutions established solely for charitable purposes and not for profit or gain
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 31 December 2008
These regulations are administered in the Department of Primary Industries and Water.
(This note is not part of the regulation)These regulations, which are made consequentially on the repeal of the Animal Welfare Regulations 1993 under section 11 of the Subordinate Legislation Act 1992 , prescribe a range of matters for the Animal Welfare Act 1993 , including