Exhibited Animals Regulation 2016

This regulation may be cited as the Exhibited Animals Regulation 2016.

This regulation commences on 1 July 2016.

The dictionary in schedule 4 defines particular words used in this regulation.

For section 35(2) of the Act, each authorised animal (category C) mentioned in schedule 1 is an authorised animal (category C1).

In this part—

group animal means any of the following authorised animals—

an animal of a species exhibited in a group of animals of the species (the exhibited group), if—

the exhibited group is of a size making it impracticable to identify the animal as a particular animal; and

animals of the species would normally live in the wild in groups no smaller than the exhibited group;

Example of an animal for paragraph (a)—

a school of fish of a species that in the wild would live in schools

an animal of a species that, on average, has a life expectancy of less than 3 years;

an animal that, as an adult animal in the wild, would normally weigh less than 20g;

an immature vertebrate that is dependent on the care of an adult animal for its survival;

an animal whose immature form makes it impracticable to identify the animal as a particular animal.

Example of an animal for paragraph (e)—

a clutch of eggs being incubated

prescribed way, for identifying an authorised animal as a particular animal, means—

a microchip inserted into the animal from which a unique identifying code for the animal can be reproduced; or

a tattoo on the animal’s skin showing a unique identifying code for the animal; or

an ear tag or leg band attached to the animal showing a unique identifying code for the animal.

This part prescribes, for section 69(1)(l) of the Act, mandatory conditions of an exhibited animal authority.

It is a condition of an exhibited animal authority that if an authorised animal is in an enclosure, the authority holder must ensure there is attached to the enclosure, in a prominent position, a sign stating the scientific and common names of the species of the animal.

This subdivision does not apply to a group animal.

Note—

Some authorised animals are group animals only while they are at a particular stage of their development. See section 5, definition group animal, paragraphs (d) and (e).

It is a condition of an exhibited animal authority that the authority holder must ensure—

an authorised animal (category B) that is a frog, glider or rodent is identified as a particular animal—

in a prescribed way; or

in another way that effectively identifies the animal as a particular animal; and

Example of another way—

by a photograph showing distinguishable markings or colourations on the animal

an authorised animal (category B) that is a dingo or rabbit is identified as a particular animal in a prescribed way.

In this section—

dingo means a dingo (Canus lupus dingo).

This section applies to an exhibition licence or an interstate exhibitors permit for—

an authorised animal (category B), other than an animal mentioned in section 9; or

an authorised animal (category C).

It is a condition of the exhibition licence that the authority holder must ensure the authorised animal is identified as a particular animal—

in a prescribed way; or

in another way that effectively identifies the animal as a particular animal.

However, if the authorised animal is exhibited outside its regular enclosure or a regular enclosure site under the exhibition licence, it is a condition of the licence that the authority holder must ensure the animal is identified as a particular animal in a prescribed way.

It is a condition of the interstate exhibitors permit that the authority holder must ensure the authorised animal is identified as a particular animal in a prescribed way.

Note—

See section 20.

Despite sections 9 and 10, an authority holder is not required to ensure an authorised animal is identified in a prescribed way if the holder obtains a signed certificate (an exemption certificate) from a veterinary surgeon stating that identifying the animal in the prescribed way would pose a serious risk to its health.

However, if the authority holder obtains an exemption certificate for an authorised animal, it is a condition of the authority that the holder must ensure the animal is identified in a way, other than a prescribed way mentioned in the certificate, that effectively identifies the animal as a particular animal.

It is a condition of an exhibited animal authority that if the authority holder loses a required record, the holder must give the chief executive notice of the loss, as soon as practicable but no later than 7 days after the loss.

In this section—

loss, of a required record, includes—

the destruction or theft of the record; and

for a record in paper form—damage to the record causing it to be illegible; and

for a record in electronic form—inability to reproduce the record in a legible form.

required record means a record of information the authority holder is required to keep under section 17.