Animal Welfare Amendment Act 2010 (ACT)

Animal Welfare Amendment Act 2010

A2010-14

Contents

Page

1. Name of Act  2

2. Commencement  2

3. Legislation amended  2

4. Section 20  2

5. Section 22 heading  3

6. New section 23  3

7. Publication

   
   

   Section 24  3

8. New sections 24A to 24C  4

9. Interstate researchers’ authorisation in the ACT

   
   

   Section 49B (3) (b)  5

10. Establishment and functions

    
    

    Section 109 (3) (b)  6

11. Regulation-making power

    
    

    Section 112 (4)  6

12. Dictionary, new definition of mandatory code of practice  6

Animal Welfare Amendment Act 2010

A2010-14

An Act to amend the Animal Welfare Act 1992

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Animal Welfare Amendment Act 2010.

2. Commencement

   This Act commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

3. Legislation amended

   This Act amends the Animal Welfare Act 1992.

4. Section 20

   substitute

5. Exception—conduct in accordance with approved code of practice or mandatory code of practice

   This part (other than the following provisions) does not apply if the conduct making up the offence was in accordance with an approved code of practice or a mandatory code of practice:

   (a)section 14 (Spurs);

   (b)section 17 (1) or (2) (Matches, competitions etc);

   (c)section 18 (1) or (2) (Rodeos and game parks);

   (d)section 19A (Medical and surgical procedures—veterinary surgeons).

6. Section 22 heading

   substitute

7. Approved code of practice

8. New section 23

   insert

9. Mandatory code of practice

   (1)The Minister may approve a code of practice, or part of a code of practice, relating to animal welfare as mandatory.

   (2)An approval must state to whom the mandatory code applies.

   (3)Before approving a code under subsection (1) the Minister must be satisfied that adequate consultation has occurred.

   (4)A mandatory code of practice is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

10. Publication
    Section 24

    after

    section 22

    insert

    or section 23

11. New sections 24A to 24C

    in part 3, insert

24AReckless failure to comply with mandatory code of practice

A person commits an offence if—

(a)a mandatory code of practice applies to the person; and

(b)the person fails to comply with a requirement of the mandatory code; and

(c)the person is reckless about whether the mandatory code is complied with.

Maximum penalty:  100 penalty units.

24BFailure to comply with mandatory code of practice

(1)A person commits an offence if—

(a)a mandatory code of practice applies to the person; and

(b)the person fails to comply with a requirement of the mandatory code.

Maximum penalty:  50 penalty units.

(2)An offence…