Animal Welfare Amendment Act 2008
An Act to amend the Animal Welfare Act 1993
[Royal Assent 29 July 2008]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Animal Welfare Amendment Act 2008 .
(1) Except as provided by this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Section 23 is taken to have commenced on 27 April 2008.
In this Act, the Animal Welfare Act 1993 is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:(a) by omitting the definitions of animal research and animal welfare standards and substituting the following definitions:animal research means a procedure, test, experiment, inquiry or study on an animal which –(a) is undertaken to develop, demonstrate or acquire knowledge, or techniques, in an area of science or teaching; and(b) is likely to have a significant adverse effect on the welfare of the animal;animal welfare guidelines means the guidelines on animal welfare approved by the Minister under section 44B ;animal welfare standards means the standards for the care and management of animals prescribed in the regulations under section 44A ;care or charge, in relation to an animal, has the meaning given by section 3A ;(b) by inserting "or the Rodeo Code of Practice" after " section 34 " in the definition of Code of Practice ;(c) by inserting the following definition after the definition of conveyance :function includes duty;(d) by omitting the definition of institution ;(e) by omitting the definition of school and substituting the following definitions:rodeo means a competition or public event that –(a) involves the use of cattle or horses, or both; and(b) may involve the use of other animals; and(c) involves the riding of bucking animals or the catching, wrestling, roping or tying of animals, or any combination of those activities;Rodeo Code of Practice means the Code of Practice prescribed for the purposes of section 11A(1)(a) ;Secretary means Secretary of the Department;(f) by omitting the definition of State school .
5. Section 3A inserted
After section 3 of the Principal Act , the following section is inserted in Part 1:(1) For the purposes of this Act, a person is taken to have the care or charge of an animal if the person –(a) is the owner of the animal; or(b) has control, possession or custody of the animal; or(c) is the operator or manager of the premises where the animal is held for commercial purposes; or(d) is the owner, operator or manager of the land where the animal is being agisted, unless there is a written agreement to the contrary between the owner of the land and the owner of the animal; or(e) has a share, as a share farmer, in the business in which the animal is owned or farmed; or(f) is the chief executive officer or manager (by whatever title known), or a director, of a body corporate that owns the animal.(2) One or more persons may have the care or charge of an animal.(3) For the purposes of proceedings for an offence against this Act –(a) the conduct and state of mind of an officer, employee or agent of a body corporate acting within the scope of his or her actual, usual or ostensible authority will be imputed to the body corporate; and(b) the conduct and state of mind of an employee or agent of a natural person acting within the scope of his or her actual, usual or ostensible authority will be imputed to that person.(4) For the purposes of subsection (3) , a reference to "conduct" or "acting" includes a reference to failure to act.
6. Section 7 amended (Management of animals)
Section 7 of the Principal Act is amended as follows:(a) by inserting "or group of animals" after "of an animal";(b) by inserting "or group" after "of the animal";(c) by omitting "animal." and substituting "animal or an animal in the group.";(d) by omitting from paragraph (a) of the penalty "40" and substituting "500";(e) by omitting from paragraph (b) of the penalty "20" and substituting "100".
7. Section 8 amended (Cruelty to animals)
Section 8 of the Principal Act is amended as follows:(a) by omitting from paragraph (a) of the penalty under subsection (1) "100" and substituting "500";(b) by omitting from paragraph (b) of the penalty under subsection (1) "50" and substituting "100";(c) by omitting from subsection (2)(e) "shelter and" and substituting "shelter or";(d) by inserting in subsection (2)(h) "or otherwise uses in respect of" after "to";(e) by omitting subparagraph (v) from subsection (2)(h) and substituting the following subparagraphs:(v) the purposes of controlling a List A disease as defined in the Animal Health Act 1995 ; or(vi) the purposes of controlling a pest animal in accordance with the pest register; or(f) by inserting the following subsection after subsection (2) :(3) In this section –abandons, in relation to an animal, includes the relinquishing of the care or charge of the animal without ensuring that another person has, or will immediately take, care or charge of the animal;appropriate and sufficient means –(a) in relation to the provision of food to an animal, that food of sufficient quality is provided –(i) in sufficient quantity to meet the nutritional requirements of maintaining the animal in reasonable body condition and, if appropriate, allowing for growth and reproduction; and(ii) as often as appropriate for the digestive system and metabolism of the animal; or(b) in relation to the provision of drink, that fluids of sufficient quality are provided in sufficient quantity to keep the animal hydrated at all times; or(c) in relation to the provision of shelter, that shelter which affords protection for the animal from the adverse effects of weather conditions is provided;pest animal means an animal of a kind or class which is entered in the pest register;pest register means the pest register established and maintained under section 8A .
8. Section 8A inserted
After section 8 of the Principal Act , the following section is inserted in Part 2:(1) The Minister is to establish and maintain a register of kinds or classes of animals which are pests.(2) The Minister, after consulting the Advisory Committee, may enter in, or remove from, the register –(a) the kind or class of an animal which is a pest; and(b) injurious drugs, toxic substances and noxious substances that may be administered or otherwise used to control such an animal of such a kind or class.(3) The register is to be in a form determined by the Minister.(4) The Minister may correct the register or an entry in the register without a recommendation from the Advisory Committee.
9. Section 9 amended (Aggravated cruelty)
Section 9 of the Principal Act is amended as follows:(a) by omitting from paragraph (a) of the penalty "200" and substituting "1 000";(b) by omitting from paragraph (b) of the penalty "100" and substituting "200".
10. Section 10 amended (Baiting and shooting)
Section 10 of the Principal Act is amended as follows:(a) by omitting from subsection (1)(b) "a match or competition" and substituting "an activity";(b) by omitting from paragraph (a) of the penalty under subsection (1) "100" and substituting "1 000";(c) by omitting from paragraph (b) of the penalty under subsection (1) "50" and substituting "200";(d) by omitting from subsection (2) "a match or competition" and substituting "an activity";(e) by omitting from paragraph (a) of the penalty under subsection (2) "100" and substituting "1 000";(f) by omitting from paragraph (b) of the penalty under subsection (2) "50" and substituting "200";(g) by omitting from paragraph (a) of the penalty under subsection (3) "100" and substituting "1 000";(h) by omitting from paragraph (b) of the penalty under subsection (3) "50" and substituting "200".
11. Sections 11A and 11B inserted
After section 11 of the Principal Act , the following sections are inserted in Part 2:(1) A person responsible for the organisation and conduct of a rodeo must ensure that it is conducted in accordance with –(a) any prescribed Code of Practice for rodeos; and(b) the prescribed requirements, if any.(2) A person responsible for the organisation and conduct of a rodeo must ensure that a veterinary surgeon is in attendance at all events at the rodeo that involve an animal.(3) A person must not participate in an event at a rodeo except in accordance with –(a) the Rodeo Code of Practice; and(b) the prescribed requirements, if any.(4) A person must not organise, or participate in, an event at a rodeo that involves the riding of sheep, calves or goats.11B. Functions of veterinary surgeon at rodeos
(1) A veterinary surgeon who is attending a rodeo at the request of a person who is responsible for the organisation and conduct of the rodeo has the following functions:(a) the examination of animals for fitness for use in the rodeo before they compete;(b) the examination and treatment of sick or injured animals;(c) the euthanasia of an animal if the veterinary surgeon considers it in the best interests and welfare of the animal;(d) other functions imposed by the Rodeo Code of Practice.(2) A veterinary surgeon who is attending a rodeo at the request of a person who is responsible for the organisation and conduct of the rodeo has the following powers:(a) if the veterinary surgeon considers that an animal is not fit for use in the rodeo, the veterinary surgeon may require –(i) the person responsible for the organisation and conduct of the rodeo to prevent the use of the animal in the rodeo; and(ii) the person who has control of the animal not to use, or allow the use of, the animal in the rodeo;(b) if the veterinary surgeon considers that certain actions need to be taken to allow him or her to properly assess the health, welfare or fitness of an animal or that any actions need to be taken, or should not be taken, in relation to the treatment, health, best interests or welfare of an animal, the veterinary surgeon may require –(i) the person responsible for the organisation and conduct of the rodeo to do or refrain from doing any action, or to ensure that any action is taken or not taken, in relation to that animal; and(ii) the person who has control of the animal to do or refrain from doing any action, or to allow or prevent the taking of any action, in relation to that animal;(c) other powers provided by the Rodeo Code of Practice;(d) the power to do all things necessary or convenient for the performance of the functions of the veterinary surgeon.(3) A person who has been required to do or refrain from doing any action under subsection (2) must not contravene that requirement.
12. Section 12 amended (Traps)
Section 12 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "leghold trap or snare." and substituting "leghold trap, glueboard trap or snare.";(b) by omitting from subsection (2) "leghold trap or snare." and substituting "leghold trap, glueboard trap or snare.";(c) by inserting the following subsection after subsection (5) :(6) In this section –glueboard trap means a device that uses an adhesive substance to entrap an animal.
13. Section 13A inserted
After section 13 of the Principal Act , the following section is inserted in Part 3:An officer has the following functions:(a) to protect, and secure the welfare of, animals;(b) to advise and instruct persons with the care or charge of animals;(c) to investigate whether this Act has been contravened and, if so, take appropriate action.
14. Section 14 amended (Instructions by officers)
Section 14 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:(1) An officer may give to one or more of the following persons such instructions as may be necessary to enable the officer to assess or ensure the welfare of an animal:(a) a person who has the care or charge of the animal;(b) a person who usually has the care or charge of the animal;(c) a person who the officer has reasonable grounds for believing will have the care or charge of the animal in the future.
15. Section 16 amended (Power to enter, search and inspect premises)
Section 16 of the Principal Act is amended by omitting subsection (2A) and substituting the following subsection:(2A) An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes –(a) is being, or has been, used in committing an offence against this Act; or(b) is evidence that an offence is being, or has been, committed against this Act.
16. Section 26 substituted
Section 26 of the Principal Act is repealed and the following section is substituted:26. Power to require information
(1) In the course of performing functions or exercising powers under this Act, an officer may require any person to do one or more of the following:(a) provide his or her name and address to the officer;(b) answer any question relating to the health or welfare of an animal or to any other matter to which this Act applies.(2) When requiring a person to provide an answer under subsection (1)(b) , the officer is to inform the person that the answer provided is not admissible against the person in any criminal or civil proceedings other than proceedings for an offence against this section.(3) A person must comply with a requirement made under subsection (1) .(4) In complying with a requirement made under subsection (1) , a person must not provide information or an answer that the person knows to be false or misleading in a material particular.(5) An answer provided by a person in complying with a requirement made under subsection (1)(b) is not admissible against the person in any criminal or civil proceedings, other than in proceedings for an offence against this section.
17. Section 30 amended (Grant of licences)
Section 30 of the Principal Act is amended as follows:(a) by omitting from subsection (1) "inspector and after consultation with the Advisory Committee," and substituting "inspector,";(b) by omitting from subsection (2) "Practice." and substituting "Practice approved under section 34 .";(c) by omitting paragraph (c) from subsection (3) and substituting the following paragraphs:(c) that the licensed institution is to be inspected at regular intervals and at least once in every 12 months to ensure compliance with the conditions of the licence;(ca) that the licensed institution is to advise an inspector of the date, nature and result of any external review of the compliance by the institution with the Code of Practice;
18. Section 32 amended (Cancellation of licences)
Section 32(1) of the Principal Act is amended by omitting "inspector or the Advisory Committee," and substituting "inspector,".
19. Section 35 amended (Annual reports)
Section 35 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:(1) A licensed institution must submit a report to the Minister on its activities in relation to animal research carried out by it no later than –(a) the date specified for the submission of the report in the licence, or the conditions of the licence, of the institution; or(b) if no date is specified in the licence or its conditions, 14 months after the issue of the licence.(2) After submitting a report under subsection (1), a licensed institution must submit a report to the Minister at 12-month intervals.
20. Section 39 amended (Membership of Advisory Committee)
Section 39(1)(l) of the Principal Act is amended by omitting "the Australian and New Zealand Federation of Animal Societies;" and substituting "Animals Australia Incorporated;".
21. Section 40 amended (Functions of Advisory Committee)
Section 40(1) of the Principal Act is amended as follows:(a) by inserting in paragraph (h) "or animal welfare guidelines" after "standards";(b) by inserting the following paragraph after paragraph (h) :(ha) any other functions imposed by this Act;
22. Sections 43AA and 43AAB inserted
After section 43 of the Principal Act , the following sections are inserted in Part 7:43AA. Forfeiture of animal for contravention of section 43 order
(1) On the application of an officer, a magistrate may order that an animal is forfeited to the Crown if he or she is satisfied that a person has custody of the animal in contravention of an order made under section 43(1) or such an order as varied under section 43(5) .(2) An application for an order under subsection (1) may be made –(a) in conjunction with proceedings for an offence against section 43(7) , separately from proceedings for such an offence or orally on a finding of guilt (including a plea of guilty) in proceedings for such an offence; and(b) whether or not proceedings for such an offence have been instituted.(3) An officer may take possession of and detain a forfeited animal.(4) A forfeited animal may be disposed of in any manner determined by the Secretary.(5) In this section –forfeited animal means –(a) a particular animal referred to in an order made under subsection (1) and which is forfeited to the Crown by reason of that order; or(b) if an order is made under subsection (1) which forfeits an animal in the custody of a person to the Crown without referring to a particular animal, the animal in the custody of the person that an officer determines is to be so forfeited in accordance with that order.43AAB. Registering an interstate order
(1) The Minister is to establish and maintain a register of interstate orders.(2) The Minister is to record in the register an interstate order, or a variation of a registered interstate order, if –(a) requested to do so in writing by an interstate Minister; and(b) provided with a copy, or an extract of the operative provisions, of the order or variation by the interstate Minister.(3) As soon as practicable after the registration of an interstate order, or the variation of a registered interstate order, the Minister is to ensure that a notice is served on the person who is the subject of the order informing him or her that –(a) the interstate order has been –(i) recorded in the register under this section; or(ii) varied and the variation of the order has been recorded in the register under this section; and(b) the registration of the order, or variation of the order, does not take effect until 14 days after the day on which the notice is served on the person; and(c) from the time the registration takes effect, a contravention of the order, or order as varied, in Tasmania is an offence under subsection (5) .(4) The registration of an interstate order, or variation of a registered interstate order, takes effect 14 days after notice is served, in accordance with subsection (3) , on the person who is the subject of the order.(5) A person who is the subject of a registered interstate order –(a) must not contravene the order in Tasmania; or(b) if the order has been varied and the variation registered, must not contravene the order as so varied in Tasmania.(6) In proceedings for an offence against subsection (5) , a certificate purporting to be signed by the Minister certifying one or more of the following matters is evidence of the matters so certified:(a) that on the day specified in the certificate an interstate order was or was not registered;(b) that on the day specified in the certificate a variation of a registered interstate order was or was not registered;(c) that on the day specified in the certificate the registration of a registered interstate order, or the variation of a registered interstate order, had or had not taken effect;(d) that on the day specified in the certificate the terms set out in the certificate were the terms of a registered interstate order, the terms of a registered variation of such an order or the terms of such an order as varied by a registered variation.(7) In this section –corresponding law means a provision of a law of another State or a Territory that relates to animal welfare or the prevention of cruelty to animals and that the Minister accepts to be a corresponding law for the purposes of this section;interstate Minister means the Minister in another State or a Territory who is responsible for the administration of a corresponding law;interstate order means an order of a court made in another State or a Territory under a corresponding law;registration, in relation to an interstate order or the variation of a registered interstate order, means the recording of the interstate order or variation in the register.
The amendment effected by this section has been incorporated into the authorised version of the Animal Welfare Act 1993 .
24. Section 44 substituted
Section 44 of the Principal Act is repealed and the following sections are substituted:The Minister may delegate any of his or her powers under this Act other than this power of delegation.The regulations may prescribe standards which must be followed in the care and management of animals.44B. Animal welfare guidelines
(1) The Minister, after consultation with the Advisory Committee, may approve guidelines on animal welfare.(2) Animal welfare guidelines are to include guidelines for the education and guidance of persons involved in the care and management of animals.44C. Officers and inspectors to produce identification
(1) If –the officer or inspector must produce his or her identification as an officer or inspector.(a) an officer or inspector is performing or exercising any functions or powers at premises; and(b) a person who is affected or likely to be affected, or is in charge of the premises, requests that the officer or inspector produce identification –(2) If an officer or inspector cannot immediately comply with the request of a person under subsection (1) , the officer or inspector –(a) may continue to perform and exercise his or her functions and powers despite his or her inability to immediately comply with the request; and(b) must produce his or her identification, or provide a copy of that identification, to the person within 14 days.
25. Section 48 amended (Immunity from action)
Section 48(a)(i) of the Principal Act is amended by omitting "duty" and substituting "function".
26. Sections 48A , 48B and 48C inserted
After section 48 of the Principal Act , the following sections are inserted in Part 8:48A. Liability of employer or body corporate
(1) If an employee is charged with an offence under this Act and the employee proves to the satisfaction of a court that he or she was acting on the instructions of his or her employer, the court may –(a) while continuing to hear the proceedings against the employee, order the employer to appear and answer the charge as if the employer had also been charged with the offence; or(b) dismiss the charge against the employee and order the employer to appear and answer the charge as if the employer had been charged with the offence; or(c) continue to hear the proceedings against the employee and take no further action in respect of the employer; or(d) dismiss the charge against the employee and take no further action in respect of the charge.(2) If a body corporate commits an offence against this Act –(a) each person concerned in the management of the body corporate is taken to have also committed the offence and may be convicted of the offence unless the person shows that –(i) the act or omission constituting the offence took place without the person's knowledge or consent; or(ii) the person used all due diligence to prevent the act or omission by the body corporate; and(b) the obligations of the body corporate under this Act are not dissolved by the dissolution of the body corporate, or by the body corporate becoming an externally administered body corporate within the meaning of the Corporations Act, after the day the offence took place.(1) In any legal proceedings under this Act, a document purporting to be a report signed by a veterinary surgeon is taken to be evidence of the particulars contained in the report in the absence of evidence to the contrary.(2) In any legal proceedings under this Act, a certificate purporting to be signed by the Minister certifying one or more of the following matters is evidence of the matters so certified:(a) that on a day specified in the certificate an animal was or was not entered in the register maintained under section 8A ;(b) that on a day specified in the certificate an injurious drug or a toxic or noxious substance was entered in that register in respect of the control of an animal entered in that register.(3) In any legal proceedings under this Act, an inspector or officer is taken to have been validly appointed as inspector or officer in the absence of evidence to the contrary.48C. Limitation period for offences
(1) Proceedings for an offence against section 9 or 10 may be commenced within 5 years after the day on which the offence is alleged to have been committed.(2) Proceedings for an offence against any other provision of this Act may be commenced within 2 years after the day on which the offence is alleged to have been committed.
27. Section 50 amended (Regulations)
Section 50 of the Principal Act is amended by inserting after subsection (5) the following subsections:(6) A regulation under this section may authorise any matter or thing to be from time to time determined, applied or regulated by any person specified in the regulations.(7) The regulations may –(a) provide that a contravention of any of the regulations is an offence; and(b) in respect of such an offence –(i) in the case of an offence by a body corporate, provide for the imposition of a fine not exceeding 100 penalty units and, if the offence is a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or(ii) in the case of an offence by a natural person, provide for the imposition of a fine not exceeding 50 penalty units and, if the offence is a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.