Animal Welfare Amendment Act 2002 (TAS)

Animal Welfare Amendment Act 2002

An Act to amend the Animal Welfare Act 1993

[Royal Assent 25 June 2002]

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:

1Short titleThis Act may be cited as the Animal Welfare Amendment Act 2002 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Animal Welfare Act 1993 is referred to as the Principal Act. 4Section 4 amended (Non-application of Act) Section 4 of the Principal Act is amended by inserting after subsection (2) the following subsections: (3)  Sections 8 and 9 do not apply to any animal research carried out in a licensed institution if that research is carried out – (a) with the approval of the Animal Experimentation Ethics Committee; and (b) in accordance with any procedures approved by the Animal Experimentation Ethics Committee; and (c) in accordance with a Code of Practice relating to animal research. (4)  Section 10(1)(a) and section 10(3) do not apply to the feeding of an animal if the feeding is carried out in a reasonable manner, having regard to the natural behaviour of the animal. 5Section 7 amended (Management of animals) Section 7 of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or (b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both. 6Section 8 amended (Cruelty to animals) Section 8(1) of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. 7Section 9 amended (Aggravated cruelty) Section 9 of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 18 months, or both. 8Section 10 amended (Baiting and shooting) Section 10 of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (1) and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (b) by omitting the penalty from subsection (2) and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. (c) by omitting the penalty from subsection (3) and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both. 9Section 11 amended (Use of animals to train other animals) Section 11 of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (1) and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or (b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both. (b) by omitting the penalty from subsection (2) and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or (b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 6 months, or both. 10Section 16 amended (Power to enter, search and inspect premises) Section 16 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (2) : (2A)  An officer may seize anything found on premises searched or inspected under subsection (1) or (2) that the officer reasonably believes is being, or has been, used in committing an offence under this Act. (b) by inserting in subsection (3) "and seize anything the officer reasonably believes is being, or has been, used in committing the offence" after "those premises". 11Section 16A insertedAfter section 16 of the Principal Act , the following section is inserted in Part 3: 16APhotographs and films For the purpose of this Act, an officer may – (a) take any photograph; and (b) make any film or video. 12Section 21A insertedAfter section 21 of the Principal Act , the following section is inserted in Part 3: 21AIdentification marks and devices (1)  An officer may attach a mark or device to an animal for identification purposes. (2)  An identification mark or device may be in any form the officer considers appropriate. (3)  A person must not tamper with, or remove, an identification mark or device attached to an animal under subsection (1) .

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or (b) a natural person, a fine not exceeding 20 penalty units. 13Section 24 amended (Power to kill animals) Section 24(3)(a) of the Principal Act is amended by omitting "24 hours" and substituting "7 days". 14Section 25 amended (Examination of animals) Section 25 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3)  An officer may take any sample if the taking of the sample does not constitute veterinary services as defined in the Veterinary Surgeons Act 1987 . 15Section 41 amended (Obstruction) Section 41 of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or (b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both. 16Section 41A insertedAfter section 41 of the Principal Act , the following section is inserted in Part 7: 41AOffences against officer A person must not intimidate, threaten or abuse an officer.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 40 penalty units; or (b) a natural person, a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months, or both. 17Section 42 amended (Impersonation) Section 42 of the Principal Act is amended by omitting the penalty and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or (b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both. 18Section 43 amended (Custody of animals) Section 43 of the Principal Act is amended as follows: (a) by omitting the penalty from subsection (7) and substituting the following penalty:

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 20 penalty units; or (b) a natural person, a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months, or both. (b) by inserting the following subsection after subsection (7) : (8)  A person has custody of an animal if the animal is normally kept on premises owned or occupied by the person, whether or not the person has any care or charge of the animal.

[Second reading presentation speech made in:

House of Assembly on 13 MARCH 2002

Legislative Council on 29 MAY 2002]