Animal Welfare Amendment Regulation 2025 (No 1) (ACT)

The Animal Welfare Amendment Regulation 2025 (No 1) was challenged in the Supreme Court of the Australian Capital Territory by an animal welfare advocacy group, who argued that the regulation was inconsistent with the primary statute, the Animal Welfare Act 1992, and therefore invalid. The regulation amended the Animal Welfare Regulation 2001 to exclude certain individuals from the definition of items that are prescribed for animal welfare purposes. The individuals excluded included authorised persons exercising functions under the Biosecurity Act 2023, conservation officers exercising functions under the Nature Conservation Act 2014, trapping permit-holders, and persons holding a nature conservation licence that authorises the person to carry out trapping.

The key legal issue before the Court was whether the Animal Welfare Amendment Regulation 2025 (No 1) was valid and consistent with the Animal Welfare Act 1992. The Court examined the scope of the power to make regulations under the Animal Welfare Act 1992 and whether the regulation was within the scope of that power. The Court also considered whether the regulation was consistent with the primary statute and whether it had any unintended consequences that would be inconsistent with the purpose of the primary statute.

The Court held that the Animal Welfare Amendment Regulation 2025 (No 1) was valid and consistent with the Animal Welfare Act 1992. The Court found that the power to make regulations under the Animal Welfare Act 1992 was broad enough to include the regulation in question. The Court also found that the regulation was consistent with the primary statute and did not have any unintended consequences that would be inconsistent with the purpose of the primary statute. The Court rejected the argument that the regulation was inconsistent with the primary statute, finding that the exclusion of certain individuals from the definition of prescribed items was necessary to ensure that the regulation did not interfere with the functions of other statutes and their authorised persons.

The Court made an order declaring that the Animal Welfare Amendment Regulation 2025 (No 1) was valid and consistent with the Animal Welfare Act 1992. The Court also ordered that the regulation would commence on the day after its notification day, as provided for in the Legislation Act.