Animal Welfare (General) Amendment Regulations 2020 (WA)

No judgment structure available for this case.

2 October 2020 GOVERNMENT GAZETTE, WA 3465
AGRICULTURE AND FOOD
AG301
Animal Welfare Act 2002

Animal Welfare (General) Amendment
Regulations 2020

SL 2020/161

Made by the Governor in Executive Council.
1. Citation
These regulations are the Animal Welfare (General) Amendment
Regulations 2020.
2. Commencement
These regulations come into operation as follows —

(a)

regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);

(b) regulation 9—
(i) if the Fines, Penalties and Infringement Notices

Regulations 2003.
Enforcement Amendment Act 2020 section 76

comes into operation on or before gazettal day —
immediately after regulation 8 comes into
operation; or
(ii) otherwise — on the day on which the Fines,
Penalties and Infringement Notices Enforcement
Amendment Act 2020 section 76 comes into
operation;

(c)

the rest of the regulations — on the day after gazettal day.

3. Regulations amended
These regulations amend the Animal Welfare (General)

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GOVERNMENT GAZETTE, WA

2 October 2020

4. Regulation 6 replaced
Delete regulation 6 and insert:
6. Codes of practice adopted (s. 94(2)(d))

(1) Under section 94(2)(d) of the Act, the following codes
of practice relating to the use, care, welfare, safety or
health of animals are adopted as they are amended
from time to time -

(a) Australian Animal Welfare Standards and Guidelines for Cattle (Edition 1, Version 1.0, January 2016), published by Animal Health Australia (AHA), Canberra,
(b) Australian Animal Welfare Standards and Guidelines - Land Transport of Livestock (Edition 1, Version 1. 1, 21 September 2012),
published by Animal Health Australia (AHA),
Canberra;
(c) Australian Animal Welfare Standards and Guidelines - Livestock at Saleyards and Depots (Edition 1, Version 1.0,
23 February 2018), published by the
Department of Economic Development, Jobs,
Transport and Resources, The Victorian
Government;
(d) Australian Rules ofRacing, as at 1 April 2020, published by Racing Australia Limited;
(e) Code ofpractice for the conduct of circuses in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;
(1) Code ofpractice for exhibited animals in

Western Australia, first published by the
Department of Local Government and Regional
Development in March 2003;

(g) Code ofpractice for keeping rabbits in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;
(h) Code ofpractice for the conduct of rodeos in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;
(i) Rules ofHarness Racing, 1 August 2004, published by Racing and Wagering Western Australia.

(2) Under section 94(2)(d) of the Act, the code of practice
relating to the use, care, welfare, safety or health of

2 October 2020 GOVERNMENT GAZETTE, WA 3467
animals specified in column 2 of each item in the Table
is adopted as it exists on the day on which the Animal
Welfare (General) Amendment Regulations 2020
regulation 4 comes into operation, with the
modification specified in column 3 of the item.
Table

Column I Column 2 Column 3

Item Code of practice Modification

Code ofpractice for goats in In the Introduction after the
Western Australia, first 1St paragraph insert:
published by the Department To the extent that this Code
of Local Government and applies to the transport process
Regional Development in for goats in Western Australia,
March 2003 the transport process is to be
undertaken in accordance with
the Australian Animal Welfare
Standards and Guidelines -
Land Transport of Livestock
(Edition 1, Version 1.1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.

2. Code ofpracticeforfarmed In the Introduction clause 1.1
buffalo in Western Australia, after the 2"' paragraph insert:
first published by the To the extent that the Code
Department of Local applies to the transport process
Government and Regional for buffalo in Western
Development in March 2003 Australia, the transport process
is to be undertaken in
accordance with the Australian
Animal Welfare Standards and

Guidelines - Land Transport
of Livestock (Edition 1,
Version 1. 1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.

3. Code ofpracticeforfarming In the Introduction after the
nd
deer in Western Australia,

2 paragraph insert:
first published by the To the extent that the Code
Department of Local applies to the transport process
Government and Regional for deer in Western Australia,
Development in March 2003 the transport process is to be
undertaken in accordance with
the Australian Animal Welfare
Standards and Guidelines -
Land Transport of Livestock

3468

GOVERNMENT GAZETTE, WA

2 October 2020

Column I Column 2 Column 3

Item Code of practice Modification
(Edition 1, Version 1.1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.

4. Code ofpractice for pigeon In the Preface after the
2 nd

keeping and racing in paragraph insert:

Western Australia, first To the extent that this Code
published by the Department applies to the transport process
of Local Government and for pigeons in Western
Regional Development in Australia, the transport process
March 2003 is to be undertaken in
accordance with the Australian
Animal Welfare Standards and
Guidelines - Land Transport
of Livestock (Edition 1,
Version 1. 1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.

5. Code ofpractice for poultry In the Introduction after the
in Western Australia, first 3"' paragraph insert:
published by the Department To the extent that this Code
of Local Government and applies to the transport process
Regional Development in for poultry in Western
March 2003 Australia, the transport process
is to be undertaken in
accordance with the Australian
Animal Welfare Standards and
Guidelines - Land Transport

of Livestock (Edition 1,
Version 1. 1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.
Delete Part 15 titled
"Transport of Poultry".

6. Code ofpractice for sheep in In the Introduction after the
,, nd
Western Australia, first

z. paragraph insert:
published by the Department To the extent that the Code
of Local Government and applies to the transport process
Regional Development in for sheep in Western Australia,
March 2003 the transport process is to be
undertaken in accordance with

2 October 2020 GOVERNMENT GAZETTE, WA 3469

Column I Column 2 Column 3

Item Code of practice Modification
the Australian Animal Welfare Standards and Guidelines - Land Transport of Livestock
(Edition 1, Version 1.1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.

7. Code ofpractice for the In the Introduction after the St paragraph insert:
capture and marketing of l
feral animals in Western To the extent that this Code
Australia, first published by applies to the transport process
the Department of Local for feral animals in Western
Government and Regional Australia, the transport process
Development in March 2003 is to be undertaken in
accordance with the Australian
Animal Welfare Standards and
Guidelines - Land Transport
of Livestock (Edition 1,
Version 1. 1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.
In Part B under the heading
"Transportation" delete
"Operators should refer to
other relevant State Codes of
Practice for specific guidelines
on transport.".

8. Model Code of Practice for In the Introduction after
the Welfare of Animals: clause 1.1 insert:
Husbandry of Captive-Bred 1.1 A To the extent that the

Emus (2 edition), first Code applies to the

published by the Primary transport process for
Industries Ministerial emus in Western
Council in 2006 Australia, the transport
process is to be
undertaken in
accordance with the
Australian Animal
Welfare Standards and

Guidelines - Land

Transport of Livestock (Edition I, Version 1. 1, 21 September 2012),
published by Animal

3470

GOVERNMENT GAZETTE, WA

2 October 2020

Column I Column 2 Column 3

Item Code of practice Modification
Health Australia
(AHA), Canberra, as it
is amended from time to
time.

9. Model Code of Practice for In the Introduction delete
the Welfare of Animals: clause 1.3 and insert:
Livestock at Slaughtering

1.3 To the extent that this

Establishments, first Code applies to the
published in 2001 transport process for
(paperback) and livestock animals to
2002 (online) by CSIRO slaughtering
publishing, acting on behalf establishments in
of the Primary Industries Western Australia, the
Ministerial Council transport process is to
be undertaken in
accordance with the
Australian Animal
Welfare Standards and

Guidelines - Land

Transport of Livestock (Edition 1, Version 1. 1, 21 September 2012),
published by Animal
Health Australia
(AHA), Canberra, as it
is amended from time to
time.

10. Model Code of Practice for In the Introduction after
the Welfare of Animals: Pigs clause 1.1 insert:
,rd

(., edition), first published 1.1A To the extent that the

by the Primary Industries Code applies to the

Ministerial Council in 2008 transport process for
pigs in Western
Australia, the transport
process is to be
undertaken in
accordance with the
Australian Animal
Welfare Standards and

Guidelines - Land

Transport of Livestock (Edition 1, Version 1.1. 21 September 2012),
published by Animal
Health Australia
(AHA), Canberra, as it
is amended from time to
time.

2 October 2020 GOVERNMENT GAZETTE, WA 3471

Column I Column 2 Column 3

Item Code of practice Modification

11. Model Code of Practice for In the Introduction after the
the Welfare of Animals: 1St paragraph insert:

The Camel (2 edition), first To the extent that the Code

published by the Primary applies to the transport process
Industries for camels in Western
Ministerial Council in 2006 Australia, the transport process
is to be undertaken in
accordance with the Australian
Animal Welfare Standards and
Guidelines - Land Transport
of Livestock (Edition 1,
Version 1. 1,
21 September 2012), published
by Animal Health Australia
(AHA), Canberra, as it is
amended from time to time.

5. Regulation 7 replaced
Delete regulation 7 and insert:
7. Use of devices: electric shock (s. 29)

(I) In this regulation -
depot, saleyard and transport process have the
meanings given in the Animal Welfare (Transport,
Saleyards and Depots) (Cattle and Sheep)
Regulations 2020 regulation 3.
(2) For the purposes of section 29 of the Act, it is a

defence to a charge under section 19(1) of the Act,
committed in circumstances described in
section 19(2)(b) of the Act, if a device specified in
column 2 of an item in the Table is used -

(a)

by a person engaged in an activity specified in column 3 of the item; and

(b)

on an animal of a kind specified in column 4 of the item; and

(c)

in accordance with the manner of use specified in column 5 of the item.

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GOVERNMENT GAZETTE, WA

2 October 2020

Table

Column I Column 2 (olumnn 3 Column 4 Column 5

Item Device Activity Kind of animal Manner of use

Electric Driving, Sheep, pig, goat, Must not be
stock prod herding, buffalo or camel applied to the
mustering or face, udder or
controlling an genital organs of
animal an animal

2. Electric Driving, Cattle Must be used in
stock prod herding, accordance with
mustering or the Animal
controlling an Welfare
animal (Transport,
Saleyards and
Depots) (Cattle
and Sheep)
Regulations 2020
regulation 20
3. Electric Handling an Cattle or sheep Must be used in
stock prod animal in a accordance with
transport the Animal
process or at a Welfare
depot or (Transport,

saleyard

Saleyards and Depots) (Cattle and Sheep)
Regulations 2020
regulation 20
4. Electric Controlling an Horse or cattle Must not be
stock prod animal at a applied to the
rodeo face, udder or
genital organs of
an animal
5. Electric Electrical Cattle, sheep, Must be used in

stunning stunning of an goat or pig accordance with
device animal in an the relevant code

abattoir

of practice for the particular animal

6. Electro- Collecting Cattle or sheep Must be used in
ejaculator semen from a accordance with
conscious any relevant code

animal

of practice for the particular animal
7. Electro- Collecting All species of Must be used in
ejaculator semen from a animal, accordance with
tranquillised including cattle any relevant code
or and sheep of practice for the
anaesthetised particular animal
animal

2 October 2020 GOVERNMENT GAZETTE, WA 3473

Column 1 Column 2 Column 3 Column 4 Column 5

Item Device Activity Kind of animal Manner of use

8. Electric Training an Dog Must be used in
training animal accordance with
collar the generally
activated accepted method
by the of usage for the
animal or a type of collar

person in the course of training an animal
9. Electrical Containment Dog Must be used in
device and training of accordance with
known as an animal the generally
the accepted method
"invisible of usage for the
fence" type of "invisible
fence"

(3) For the purposes of section 29 of the Act, it is a
defence to a charge under section 19(1) of the Act,
committed in circumstances described in
section 19(2)(b) of the Act, if an electro-immobiliser is
used on cattle in the following circumstances -

(a)

to restrain the animal in order to perform a procedure on the animal;

(b)

in the circumstances, an alternative restraining method would not sufficiently restrain the animal for the purposes of performing the procedure;

(c)

the electro-immobiliser is not being used as an alternative to providing the animal with pain

relief;

(d) the animal has reached 6 months of age;
(e) the person using the electro-immobiliser is -
(i) trained to use it on cattle; or
(ii) using it under the direct supervision of a person who is a veterinary surgeon or trained to use it on cattle.

(4) For the purposes of subregulation (3)(e)(ii), a person
(the supervised person ) is using an electro-immobiliser
under the direct supervision of another person (the
supervisor) if the supervisor -

(a)

provides instruction and guidance to the supervised person in relation to the use of the electro-immobiliser; and

(b)

oversees and evaluates the use of the electro-immobiliser; and

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GOVERNMENT GAZETTE, WA

2 October 2020

(c)

is on the same premises as the supervised person while the electro-immobiliser is being used; and

(d)

is able to immediately render assistance to the supervised person, if required, at any time during the use of the electro-immobiliser.

6. Regulations 9A and 9B inserted
After regulation 9 insert:

9A. Prescribed offences and modified penalties (s. 65(1)
and 66(2))

(1) An offence described in Schedule 1 is a prescribed
offence for the purposes of section 65(1) of the Act.

(2)

The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for the offence for the purposes of section 66(2) of the Act.

9B. Prescribed forms (s. 66(1) and 68(1))

(1) Schedule 2 Form 1A is the prescribed form of an
infringement notice for the purposes of section 66(1) of
the Act.

(2)

Schedule 2 Form lB is the prescribed form of a notice to withdraw an infringement notice for the purposes of section 68(1) of the Act.

7. Schedule 1 replaced
Delete Schedule I and insert:

Schedule 1 Prescribed offences and modified penalties

r. 9A]

Table

Item Offence under the Animal Welfare (Transport, Modified
Saleyards and Depots) (Cattle and Sheep) penalty
Regulations 2020

1. r. 17(3) $750
2. r. 18(1) $750
3. r. 18(3) $750
4. r. 19(1) $750
5. r. 19(2) $750

2 October 2020 GOVERNMENT GAZETTE, WA 3475

Item Offence under the Animal Welfare (Transport, Modified
Saleyards and Depots) (Cattle and Sheep) penalty
Regulations 2020

6. r. 19(3) $750
7. r. 20, but only in relation to an offence committed in $750
circumstances referred to in paragraphs (a), (b), (c) or (e)
8. r.21(1)
9. r. 22(3) $750
10. r.23(1) $750
11. r. 23(3) $750
12. r.24(1) $500
13. r. 24(3) $500
14. r. 24(4) $500
15. r.25(1) $500
16. r. 25(2) $500
17. r.26(2) $500
18. r.28 $500
19. r.29(1) $500
20. r. 30(1) $500
21. r.30(2) $500

22. r.31(1) $500

23. r.32(1) $750
24. r. 32(2) $750
25. r.33(1) $750
26. r. 33(2) $750
27. r.35(1) $750
28. r. 39 $500
29. r.40(2) $750
30. r. 40(3) $750
31. r.43(2) $750

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GOVERNMENT GAZETTE, WA

2 October 2020

Item Offence under the Animal Welfèire (Transport, Modified
Saleyards and Depots) (Cattle and Sheep) penalty
Regulations 2020

32. r.44 $750
33. r. 45 $750
34. r. 46(2) $750
35. r. 47(2) $750
36. r. 49 $500
37. r. 50(1) $500
38. r. 50(3) $500
39. r. 50(4) $500
40. r.51(1) $500
41. r.51(2) $500
42. r. 52(2) $500
43. r. 54(2) $500
44. r. 55(1) $500
45. r. 56(4) $750
46. r. 56(5) $750
47. r. 58(2) $750
4. r. 58(3) $750

49. r. 63(1) $750
50. r. 63(3) $750
51. r.64(1) $500
52. r. 64(2) $750
53. r.65(1) $500
54. r. 65(3) $500
55. r. 67(2) $500
56. r. 68(1) $750

2 October 2020 GOVERNMENT GAZETTE, WA 3477

8. Schedule 2 Forms 1A and lB inserted
In Schedule 2 after Form 1 insert:
Form IA —Infringement notice

r. 9B(1)]

Animal Welfare Act 2002 Infringement

• notice no.
In iri n gem ent Notice

Alleged Name
offender
Address
Alleged Date or

offence

period Place Written law
contravened
Details of
offence
Date Date of
notice

Inspector

Name Office Signature
penalty
Modified $
TAKE It is alleged that you have committed the above offence.

NOTICE If you do not want to be prosecuted in court for the
offence, pay the modified penalty to the Authorised Person
within 28 days after the date of this notice.
If you do not pay the modified penalty within 28 days,
you may be prosecuted or enforcement action may be taken
under the Fines, Penalties and Infringement Notices
Enforcement Act 1994. Under that Act, some or all of the

following action may be taken - your driver's licence may
be suspended, your vehicle licence may be suspended or
cancelled, your details may be published on a website, your
vehicle may be immobilised or have its number plates
removed, and your property may be seized and sold.
If you need more time to pay the modified penalty, you
can apply for an extension of time by writing to the
Authorised Person at the address below.

Paying the modified penalty is not regarded as an admission for the purposes of any civil or criminal proceedings.

3478

GOVERNMENT GAZETTE, WA

2 October 2020

If you want this matter to be dealt with by prosecution in court, sign and date here:

/ /20

and post this notice to the Authorised Person at the address
below within 28 days after the date of this notice.

11mN to pay In person [Insert details for paying in person]
By post [Insert details for paying by post]
Online [Insert details for paying online]
By telephone [Insert details for paying by telephone]

Form lB - Withdrawal of infringement notice

[r. 9B(2)]

Animal Welfare Act 2002 Withdrawal no.
Withdrawal of infringement notice

Alleged Name
offender
Address
Details of Infringement
infringement notice no.
notice Date of issue
Date or
period
Place
Written law
contravened

Details of
offence
Authorised Name
person
withdrawing Office
notice Signature
Date Date of
withdrawal
Withdrawal of The above infringement notice issued against you for
infringement the above alleged offence has been withdrawn.
notice If you have already paid the modified penalty for the
[*Delete alleged offence, you are entitled to a refund.
whichever is not

1. Your refund is enclosed.
applicable]
or

2 October 2020 GOVERNMENT GAZETTE, WA 3479
2. If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to:
Authorised Person — Animal Welfare Act 2002
[Insert address]

Your signature Date
9. Schedule 2 Form lA amended
In Schedule 2 Form lA delete the passage that begins with "your
driver's licence" and ends with "seized and sold." and insert:

your driver's licence may be suspended, your vehicle licence may be
suspended or cancelled, you may be disqualified from holding or
obtaining a driver's licence or vehicle licence, your vehicle may be
immobilised or have its number plates removed, your details may be
published on a website, your earnings or bank accounts may be
garnished, and your property may be seized and sold.

V. MOLAN, Clerk of the Executive Council.

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Citations

Animal Welfare (General) Amendment Regulations 2020 (WA)

Cases Citing This Decision

0

Cases Cited

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Statutory Material Cited

0

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette (gazettal day);
(b) regulation	9—

(a)	Australian Animal Welfare Standards and Guidelines for Cattle (Edition 1, Version 1.0, January 2016), published by Animal Health Australia (AHA), Canberra,
(b)	Australian Animal Welfare Standards and Guidelines - Land Transport of Livestock (Edition 1, Version 1. 1, 21 September 2012),
published by Animal Health Australia (AHA), Canberra;
(c)	Australian Animal Welfare Standards and Guidelines - Livestock at Saleyards and Depots (Edition 1, Version 1.0,
23 February 2018), published by the Department of Economic Development, Jobs, Transport and Resources, The Victorian Government;
(d)	Australian Rules ofRacing, as at 1 April 2020, published by Racing Australia Limited;
(e)	Code ofpractice for the conduct of circuses in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;

(g)	Code ofpractice for keeping rabbits in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;
(h)	Code ofpractice for the conduct of rodeos in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;

Column I	Column 2	Column 3
Item	Code of practice	Modification

Code ofpractice for goats in	In the Introduction after the
Western Australia, first	1St paragraph insert:
published by the Department	To the extent that this Code
of Local Government and	applies to the transport process
Regional Development in	for goats in Western Australia,
March 2003	the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines - Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.

2.	Code ofpracticeforfarmed	In the Introduction clause 1.1
buffalo in Western Australia,	after the 2"' paragraph insert:
first published by the	To the extent that the Code
Department of Local	applies to the transport process
Government and Regional	for buffalo in Western
Development in March 2003	Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and

5.	Code ofpractice for poultry	In the Introduction after the
in Western Australia, first	3"' paragraph insert:
published by the Department	To the extent that this Code
of Local Government and	applies to the transport process
Regional Development in	for poultry in Western
March 2003	Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines - Land Transport

Column I	Column 2	Column 3
Item	Code of practice	Modification

7.	Code ofpractice for the	In the Introduction after the	St paragraph insert:
capture and marketing of	l
feral animals in Western	To the extent that this Code
Australia, first published by	applies to the transport process
the Department of Local	for feral animals in Western
Government and Regional	Australia, the transport process
Development in March 2003	is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines - Land Transport of Livestock (Edition 1, Version 1. 1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
In Part B under the heading "Transportation" delete "Operators should refer to other relevant State Codes of Practice for specific guidelines on transport.".

8.	Model Code of Practice for	In the Introduction after
the Welfare of Animals:	clause 1.1 insert:
Husbandry of Captive-Bred	1.1 A To the extent that the

10.	Model Code of Practice for	In the Introduction after
the Welfare of Animals: Pigs	clause 1.1 insert:
,rd

Column I	Column 2	Column 3
Item	Code of practice	Modification
11.	Model Code of Practice for	In the Introduction after the
the Welfare of Animals:	1St paragraph insert:

published by the Primary	applies to the transport process
Industries	for camels in Western
Ministerial Council in 2006	Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines - Land Transport of Livestock (Edition 1, Version 1. 1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.

(I)	In this regulation -
*depot, saleyard* and *transport process* have the meanings given in the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 regulation 3.
(2)	For the purposes of section 29 of the Act, it is a

defence to a charge under section 19(1) of the Act,
committed in circumstances described in
section 19(2)(b) of the Act, if a device specified in column 2 of an item in the Table is used -
(a)	by a person engaged in an activity specified in column 3 of the item; and
(b)	on an animal of a kind specified in column 4 of the item; and
(c)	in accordance with the manner of use specified in column 5 of the item.

Column I	Column 2	(olumnn 3	Column 4	Column 5
Item	Device	Activity	Kind of animal	Manner of use

Electric	Driving,	Sheep, pig, goat,	Must not be
stock prod	herding,	buffalo or camel	applied to the
mustering or	face, udder or
controlling an	genital organs of
animal	an animal

2.	Electric	Driving,	Cattle	Must be used in
stock prod	herding,	accordance with
mustering or	the Animal
controlling an	Welfare
animal	(Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 regulation 20
3.	Electric	Handling an	Cattle or sheep	Must be used in
stock prod	animal in a	accordance with
transport	the Animal
process or at a	Welfare
depot or	(Transport,
saleyard	Saleyards and Depots) (Cattle and Sheep)
Regulations 2020 regulation 20
4.	Electric	Controlling an	Horse or cattle	Must not be
stock prod	animal at a	applied to the
rodeo	face, udder or genital organs of an animal
5.	Electric	Electrical	Cattle, sheep,	Must be used in

stunning	stunning of an	goat or pig	accordance with
device	animal in an	the relevant code
abattoir	of practice for the particular animal

6.	Electro-	Collecting	Cattle or sheep	Must be used in
ejaculator	semen from a	accordance with
conscious	any relevant code
animal	of practice for the particular animal
7.	Electro-	Collecting	All species of	Must be used in
ejaculator	semen from a	animal,	accordance with
tranquillised	including cattle	any relevant code
or	and sheep	of practice for the
anaesthetised	particular animal
animal

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Device	Activity	Kind of animal	Manner of use
8.	Electric	Training an	Dog	Must be used in
training	animal	accordance with
collar	the generally
activated	accepted method
by the	of usage for the
animal or a	type of collar
person in the course of training an animal
9.	Electrical	Containment	Dog	Must be used in
device	and training of	accordance with
known as	an animal	the generally
the	accepted method
"invisible	of usage for the
fence"	type of "invisible fence"

(a)	to restrain the animal in order to perform a procedure on the animal;
(b)	in the circumstances, an alternative restraining method would not sufficiently restrain the animal for the purposes of performing the procedure;
(c)	the electro-immobiliser is not being used as an alternative to providing the animal with pain
relief;
(d)	the animal has reached 6 months of age;
(e)	the person using the electro-immobiliser is -

(a)	provides instruction and guidance to the supervised person in relation to the use of the electro-immobiliser; and
(b)	oversees and evaluates the use of the electro-immobiliser; and

(c)	is on the same premises as the supervised person while the electro-immobiliser is being used; and
(d)	is able to immediately render assistance to the supervised person, if required, at any time during the use of the electro-immobiliser.

9A.	Prescribed offences and modified penalties (s. 65(1) and 66(2))
(1)	An offence described in Schedule 1 is a prescribed offence for the purposes of section 65(1) of the Act.
(2)	The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for the offence for the purposes of section 66(2) of the Act.
9B.	Prescribed forms (s. 66(1) and 68(1))

Item	Offence under the Animal Welfare (Transport,	Modified
*Saleyards and Depots) (Cattle and Sheep)*	penalty
*Regulations 2020*
1.	r. 17(3)	$750
2.	r. 18(1)	$750
3.	r. 18(3)	$750
4.	r. 19(1)	$750
5.	r. 19(2)	$750
2 October 2020	GOVERNMENT GAZETTE, WA	3475

Item	Offence under the Animal Welfare (Transport,	Modified
Saleyards and *Depots)* (Cattle and *Sheep)*	penalty
*Regulations 2020*
6.	r. 19(3)	$750
7.	r. 20, but only in relation to an offence committed in	$750
circumstances referred to in paragraphs (a), (b), (c) or (e)
8.	r.21(1)
9.	r. 22(3)	$750
10.	r.23(1)	$750
11.	r. 23(3)	$750
12.	r.24(1)	$500
13.	r. 24(3)	$500
14.	r. 24(4)	$500
15.	r.25(1)	$500
16.	r. 25(2)	$500
17.	r.26(2)	$500
18.	r.28	$500
19.	r.29(1)	$500
20.	r. 30(1)	$500
21.	r.30(2)	$500

23.	r.32(1)	$750
24.	r. 32(2)	$750
25.	r.33(1)	$750
26.	r. 33(2)	$750
27.	r.35(1)	$750
28.	r. 39	$500
29.	r.40(2)	$750
30.	r. 40(3)	$750
31.	r.43(2)	$750

Item	Offence under the Animal Welfèire (Transport,	Modified
*Saleyards and Depots) (Cattle* and Sheep)	penalty
*Regulations 2020*
32.	r.44	$750
33.	r. 45	$750
34.	r. 46(2)	$750
35.	r. 47(2)	$750
36.	r. 49	$500
37.	r. 50(1)	$500
38.	r. 50(3)	$500
39.	r. 50(4)	$500
40.	r.51(1)	$500
41.	r.51(2)	$500
42.	r. 52(2)	$500
43.	r. 54(2)	$500
44.	r. 55(1)	$500
45.	r. 56(4)	$750
46.	r. 56(5)	$750
47.	r. 58(2)	$750
4.	r. 58(3)	$750

49.	r. 63(1)	$750
50.	r. 63(3)	$750
51.	r.64(1)	$500
52.	r. 64(2)	$750
53.	r.65(1)	$500
54.	r. 65(3)	$500
55.	r. 67(2)	$500
56.	r. 68(1)	$750
2 October 2020	GOVERNMENT GAZETTE, WA	3477