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This Act may be cited as the Animal Welfare Act 2002.
This Act comes into operation on a day fixed by proclamation.
Different days may be fixed under subsection (1) for different provisions.
This Act provides for the protection of animals by —
regulating the conduct of people in relation to animals, including the manner in which animals are treated, cared for and managed; and
regulating the people who may use animals for scientific purposes, and the manner in which they may be used; and
prohibiting cruelty to, and other inhumane or improper treatment of, animals.
This Act intends to —
promote and protect the welfare, safety and health of animals; and
ensure the proper and humane care and management of all animals in accordance with generally accepted standards; and
reflect the community’s expectation that people who are in charge of animals will ensure that they are properly treated and cared for.
[Section 3 amended: No. 35 of 2018 s. 4.]
This Act binds the Crown in right of the State and, so far as the legislative power of Parliament permits, in all its other capacities.
In this Act —
Agriculture WA means the department of the Public Service principally assisting with the administration of the Biosecurity and Agriculture Management Act 2007;
animal means —
a live vertebrate; or
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;
Biodiversity Conservation Department means the department of the Public Service principally assisting with the administration of the Biodiversity Conservation Act 2016;
CEO means the chief executive officer of the Department;
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;
designated inspector means a general inspector designated under section 35A(1) as a designated inspector;
fauna has the meaning given in the Biodiversity Conservation Act 2016 section 5(1);
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 —
injury; and
pain; and
distress evidenced by severe, abnormal physiological or behavioural reactions;
inspector means a general inspector or a scientific inspector;
lawfully taken, in relation to fauna, means taken in circumstances that do not involve a contravention of the Biodiversity Conservation Act 2016 or any other written law;
licence means a licence issued under Part 2;
non‑residential place —
means any place except a building, vehicle or other structure in which a person ordinarily lives; and
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 —
the owner of the animal; or
a person who has actual physical custody or control of the animal; or
if the person referred to in paragraph (b) is a member of staff of another person, that other person; or
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 Australia4;
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 —
teaching; and
research; and
product development or testing; and
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 —
all the people working for, or engaged by, that person whether as officers, employees, agents, contractors, volunteers or in any other capacity; and
if the person is a scientific establishment, all the people who use the establishment’s facilities for scientific purposes; and
if the person is a body corporate, its directors, secretary and executive officers; and
if the person is a partnership, the partners;
vehicle includes a train, vessel, aircraft and any other thing used as a means of transport;
veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3.
In this Act unless the contrary intention appears a reference to Part 3 includes a reference to regulations referred to in section 18B.
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”.
[Section 5 amended: No. 28 of 2006 s. 352; No. 24 of 2007 s. 9; No. 24 of 2016 s. 310(2) and (3); No. 35 of 2018 s. 5; No. 19 of 2021 s. 226(2) and (3); No. 5 of 2023 s. 4.]
A person must not use animals for scientific purposes unless —
the person is —
a scientific establishment that holds; or
a member of staff of, or a student at, a scientific establishment that holds,
a licence authorising that use; and
the animal ethics committee of the scientific establishment has given approval, in accordance with the scientific use code, for that person to so use the animals; and
the person uses the animals in accordance with that licence and approval.
Penalty: $50 000 and imprisonment for 5 years.
A licensed scientific establishment must not allow animals to be used for scientific purposes at a place to which that licence relates unless that use is permitted under subsection (1).
Penalty: $50 000 and imprisonment for 5 years.
Subject to subsection (2), a person must not carry on a business of supplying animals for use for scientific purposes except in accordance with a licence authorising the person to do so.
Penalty: $50 000 and imprisonment for 5 years.
Subsection (1) does not apply to a person carrying on a business of supplying fauna that the person is licensed or authorised under the Biodiversity Conservation Act 2016 to take for the purposes of that business.
[Section 7 amended: No. 24 of 2016 s. 310(4).]
An application for the issue or renewal of a licence is to be made to the Minister in the prescribed form and manner and is to be accompanied by the prescribed fee and any prescribed information.
An applicant must provide to the Minister any other information relating to the application that the Minister reasonably requires for the proper consideration of the application.
An application for the renewal of a licence must be made no later than 42 days before the day on which the licence is due to expire or at such later time as the Minister, having regard to section 10(2)(b), allows.
The Minister must not issue or renew a licence to use animals for scientific purposes unless the Minister is satisfied that —
the scientific establishment either —
has an animal ethics committee; or
has made arrangements for the animal ethics committee for another scientific establishment to act as its animal ethics committee;
and
the scientific establishment complies with, and will continue to comply with, the scientific use code.
When considering an application for the issue or renewal of a licence the Minister is to have regard to —
whether the applicant and the applicant’s staff are experienced and competent —
in the case of a licence to use animals for scientific purposes, in using animals for scientific purposes; and
in all cases, in caring for and handling animals of the kind to be used or supplied;
and
whether the applicant has, or any of the applicant’s staff or students have, been convicted of an offence under this Act in the previous 3 years; and
whether a licence held by the applicant has ever been suspended or revoked or the applicant has ever been disqualified from holding a licence; and
whether the welfare, safety and health of the animals is adequately protected; and
any prescribed matters; and
whether, in all other respects, the Minister considers it appropriate for the applicant to hold the licence.
After considering an application in accordance with section 9 the Minister is to —
issue or renew the licence in the prescribed form; or
decline to issue or renew the licence.
If the Minister declines to issue or renew a licence the Minister is to give to the applicant written notice setting out the decision and the reasons for it —
in the case of an application for the issue of a licence, no more than 28 days after the decision is made; and
in the case of an application for a renewal, at least 21 days before the current licence expires.
Every licence is subject to the conditions prescribed in respect of licences of a class to which the licence belongs.
Conditions prescribed for the purposes of subsection (1) may deal with any matter relating to the welfare, safety and health of the animals including —
the place at which the animals may be used or kept; and
codes of practice (other than the scientific use code) that must be complied with; and
the conditions under which the animals are, or are not, to be kept; and
the facilities and equipment that are, or are not, to be used in relation to the animals; and
the procedures to be followed by the licensee and the licensee’s staff and students in specified situations; and
the people who are, or are not, to be involved in the care of the animals.
It is also a condition of each licence to use animals for scientific purposes that animals must not be used for scientific purposes unless they are used in accordance with the scientific use code.
When issuing or renewing a licence the Minister may impose such other conditions as are set out in, or provided to the licensee with, the licence.
The Minister may amend or remove the conditions imposed on a licence under this section by giving at least 21 days written notice of the amendment to the licensee.
Conditions imposed under this section may deal with any matter in respect of which conditions could be prescribed for the purposes of section 11(1).