Animal Welfare Regulation 2001

This regulation is the Animal Welfare Regulation 2001.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘fowl, for part 6 (Commercial egg production)—see section 8’ means that the term ‘fowl’ is defined in that section for part 6.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Animal welfare offences

The Act, section 13 does not apply to the use by a person of an electrical device mentioned in an item of schedule 1 on an animal mentioned in the same item of that schedule.

Note The Act, s 13 prohibits the administration of a shock to an animal, except in a manner authorised under a territory law.

The following items are prescribed:

a soft-jaw trap;

a shock collar;

a spur with a sharpened or fixed rowel;

a cockfighting spur;

any other device or other thing made or adapted to be attached to an animal for a violent animal activity.

However, the item mentioned in subsection (1) (a) is not prescribed in relation to the use or possession of the item by any of the following people:

an authorised person exercising a function under the Biosecurity Act 2023;

a conservation officer exercising a function under the Nature Conservation Act 2014;

a trapping permit-holder;

a person holding a nature conservation licence that authorises the person to carry out trapping.

In this section:

conservation officer—see the Nature Conservation Act 2014, dictionary.

nature conservation licence—see the Nature Conservation Act 2014, section 262.

violent animal activity—see the Act, section 17 (6).

Part 3 Using or breeding animals for research or teaching

The Act, section 25 does not apply to a person who uses an animal mentioned in schedule 2 for teaching purposes in a preschool or primary school.

Note The Act, s 25 (1) prohibits the use or breeding of an animal for research or teaching.

A licence is subject to the following conditions:

that the licensee must, in accordance with the Act, establish and maintain—

an animal ethics committee; or

appropriate arrangements with an existing animal ethics committee for that committee to exercise the functions of an animal ethics committee in relation to the licensee's activities;

that, if the authority asks the licensee for information or a document under the Act, section 31 (Licensees—request for information and documents), the licensee must give the information or document to the authority;

that the licensee must comply with any direction of the animal ethics committee issued under the Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

An authorisation is subject to the following conditions:

that, if the animal ethics committee asks the authorisation holder for information or a document under the Act, section 43 (Authorisation holders—request for information and documents), the person must give the information or document to the committee;

that the authorisation holder must comply with any direction of the animal ethics committee issued under the Act.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

An animal ethics committee established in accordance with the code is an animal ethics committee for the Act.

The constitution and functions of an animal ethics committee are the constitution and functions set out in the code.

An animal ethics committee for a licence must report annually to the authority about the following in relation to the animals that the committee has approved for use or breeding by the licensee:

how many animals were used or bred;

the species of the animals.

Note If a form is approved under the Act, s 110A for the report, the form must be used.

A report under subsection (3) must be given to the authority within 4 months after each 30 June.

The Legislation Act, section 47 (6) does not apply to the code.

Note 1 The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A notifiable instrument must be notified under the Legislation Act.

In this section:

code means the Australian code of practice for the care and use of animals for scientific purposes, published by the National Health and Medical Research Council, as in force from time to time.

Note The code may be accessed at www.nhmrc.gov.au.

Part 4 Circuses and travelling zoos

A circus permit is subject to the condition that the circus permit‑holder must not include in the circus troupe a prohibited animal, whether or not for the purpose of using the animal in the circus.

A travelling zoo permit is subject to the condition that the travelling zoo permit-holder must not include as part of the travelling zoo a prohibited animal, whether or not for the purpose of using the animal in the travelling zoo.

Part 5 Animal trapping