Animal Welfare (General) Regulations 2003 (WA)
Western Australia
Animal Welfare Act 2002
Western Australia
Animal Welfare Act 2002
These regulations may be cited as the
These regulations come into operation on the day of their publication in the
For the purposes of section 19(2)(b) of the Act, the following devices are prescribed as inhumane —
(a) a device, other than an electric fence, that is designed or modified to deliver an electric shock to an animal;
(b) jawed traps;
(c) spurs that have sharpened or fully‑fixed rowels;
(d) spurs that are reasonably capable of penetrating the skin of the animal on which they are intended to be used.
The administration of an electric shock to an animal in a manner that is not set out in regulation 7 is a prescribed act for the purposes of section 19(2)(d) and (3)(b)(i) of the Act.
(1) In this regulation —
(a) the list of all organisms for which a declaration under the BAM Act section 12 (prohibited organisms) is in force;
(b) the list of all organisms for which a declaration under the BAM Act section 22(2) (declared pests) is in force.
(2) An animal set out in a BAM Act list is prescribed as a pest under section 24(2) of the Act, if —
(a) the animal is not being kept as a domestic pet;
(b) the animal is not being kept for the purposes of racing, riding or harnessing;
(c) the animal is not being kept for the purpose of confined display or entertainment;
(d) the animal is not being kept as a form of livestock; and
(e) at the time a person attempts to kill the animal, it is not under effective control of an owner.
(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 of Racing , as at 1 April 2020, published by Racing Australia Limited;(e) Code of practice for the conduct of circuses in Western Australia , first published by the Department of Local Government and Regional Development in March 2003;(f) Code of practice for exhibited animals in Western Australia , first published by the Department of Local Government and Regional Development in March 2003;(g) Code of practice for keeping rabbits in Western Australia , first published by the Department of Local Government and Regional Development in March 2003;(h) Code of practice for the conduct of rodeos in Western Australia , first published by the Department of Local Government and Regional Development in March 2003;(i) Rules of Harness 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 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.
1. | In the Introduction after the 1 To the extent that this Code applies to the transport process for goats in Western Australia, the transport process is to be undertaken in accordance with the | |
2. | In the Introduction clause 1.1 after the 2 To the extent that the Code applies to the transport process for buffalo in Western Australia, the transport process is to be undertaken in accordance with the | |
3. | In the Introduction after the 2 To the extent that the Code applies to the transport process for deer in Western Australia, the transport process is to be undertaken in accordance with the | |
4. | In the Preface after the 2 To the extent that this Code applies to the transport process for pigeons in Western Australia, the transport process is to be undertaken in accordance with the | |
5. | In the Introduction after the 3 To the extent that this Code applies to the transport process for poultry in Western Australia, the transport process is to be undertaken in accordance with the Delete Part 15 titled “Transport of Poultry”. | |
6. | In the Introduction after the 2 To the extent that the Code applies to the transport process for sheep in Western Australia, the transport process is to be undertaken in accordance with the | |
7. | In the Introduction after the 1 To the extent that this Code applies to the transport process for feral animals in Western Australia, the transport process is to be undertaken in accordance with the In Part B under the heading “Transportation” delete “Operators should refer to other relevant State Codes of Practice for specific guidelines on transport.”. | |
8. | In the Introduction after clause 1.1 insert: | |
9. | In the Introduction delete clause 1.3 and insert: | |
10. | In the Introduction after clause 1.1 insert: | |
11. | In the Introduction after the 1 To the extent that the Code applies to the transport process for camels in Western Australia, the transport process is to be undertaken in accordance with the |
(1) In this regulation —
(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.
1. | Electric stock prod | Driving, herding, mustering or controlling an animal | Sheep, pig, goat, buffalo or camel | Must not be applied to the face, udder or genital organs of an animal |
2. | Electric stock prod | Driving, herding, mustering or controlling an animal | Cattle | Must be used in accordance with the |
3. | Electric stock prod | Handling an animal in a transport process or at a depot or saleyard | Cattle or sheep | Must be used in accordance with the |
4. | Electric stock prod | Controlling an animal at a rodeo | Horse or cattle | Must not be applied to the face, udder or genital organs of an animal |
5. | Electric stunning device | Electrical stunning of an animal in an abattoir | Cattle, sheep, goat or pig | Must be used in accordance with the relevant code of practice for the particular animal |
6. | Electro‑ ejaculator | Collecting semen from a conscious animal | Cattle or sheep | Must be used in accordance with any relevant code of practice for the particular animal |
7. | Electro‑ ejaculator | Collecting semen from a tranquillised or anaesthetised animal | All species of animal, including cattle and sheep | Must be used in accordance with any relevant code of practice for the particular animal |
8. | Electric training collar activated by the animal or a person in the course of training an animal | Training an animal | Dog | Must be used in accordance with the generally accepted method of usage for the type of collar |
9. | Electrical device known as the “invisible fence” | Containment and training of an animal | Dog | Must be used in accordance with the generally accepted method of usage for the type of “invisible fence” |
10. | The eShepherd virtual fencing system manufactured by Agersens Pty Ltd (ACN 169 900 887) | Containing an animal | Cattle | Must be used in accordance with the manufacturer’s instructions for use of the device |
(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 veterinarian 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 (thesupervisor ) 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
(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.
(1) 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 metal‑jawed leghold trap is used by —
(a) the owner or leasee of an agricultural or pastoral property, or their authorised agent; or
(b) an officer of a Commonwealth, State or local government agency, who is responsible for wild dog control,
for the purpose of wild dog control.
(2) The person using a metal‑jawed leghold trap in circumstances described in subregulation (1) must ensure that the jaws of the trap are bound with cloth containing sufficient strychnine to ensure a rapid death for any animal likely to be caught in the trap.
(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 a metal‑jawed leghold trap is used by a person participating in a research program, approved by an animal ethics committee, for the purpose of carrying out research under that program.
(4) The person using a metal‑jawed leghold trap in circumstances described in subregulation (3) must ensure that the jaws of the trap are sufficiently padded, or the trap has otherwise been modified, so that any animal caught in the trap is unlikely to suffer significant injury.
(5) 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 metal‑jawed leghold trap is used by —
(a) the owner of land or the owner’s agent on the relevant land; or
(b) a licensed pest control operator,
for the purpose of fox control.
(6) The person using a metal‑jawed leghold trap in circumstances described in subregulation (5) must ensure that —
(a) the jaws of the trap are sufficiently padded, or the trap has otherwise been modified, so that any animal caught in the trap is unlikely to suffer significant injury; and
(b) any permit to set the trap required under the
Biosecurity and Agriculture Management Regulations 2013 has first been obtained.
The form of a warrant is Form 1 in Schedule 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.
(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 1B is the prescribed form of a notice to withdraw an infringement notice for the purposes of section 68(1) of the Act.
An objection under section 72 of the Act is to be made by completing Form 2 in Schedule 2 and lodging that completed form with the Minister within the time period set out in the Act.
(1) If property forfeited to the Crown under the Act is fauna, that fauna is to be sold, destroyed or otherwise disposed of in accordance with the instructions of the Executive Director of CALM.
(2) If property forfeited to the Crown under the Act is an animal that is not within the definition of “fauna”, that animal is to be sold, destroyed or otherwise disposed of in accordance with the instructions of the prosecuting authority.
(3) If property forfeited to the Crown under the Act is not an animal, that property is to be sold by auction or private treaty by the prosecuting authority.
A claim for compensation under section 93 of the Act is to be made by completing Form 4 in Schedule 2 and lodging that completed form with the Minister within the time period set out in the Act.
(1) In this regulation
tail docking means the removal of one or more of the coccygeal vertebrae, whether by cutting, ablation, elastration or any other means.(2) A person who is not a veterinarian shall not carry out tail docking of a dog.
Penalty: $2 000.
(3) A veterinarian shall not carry out tail docking of a dog except where the tail docking is clinically indicated for the purpose of curing or alleviating a disease or injury from which the dog suffers.
Penalty: $2 000.
[r. 9A]
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 |
6. | r. 19(3) | $750 |
7. | r. 20, but only in relation to an offence committed in circumstances referred to in paragraphs (a), (b), (c) or (e) | $750 |
8. | r. 21(1) | $500 |
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 |
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 |
48. | 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 |
[r. 9]
Part 5 Division 2
THIS IS A WARRANT authorising an inspector under the
Place ........................................................................................................... (
Date ........................................................................................................... (
Time ........................................................................................................... (
and to seize —
any animals;
any of the following types of animals —
...........................................................................................................
...........................................................................................................
any animals in the following circumstances —
...........................................................................................................
...........................................................................................................
THIS WARRANT CEASES to have effect:
Date ...........................................................................................................
Time ...........................................................................................................
I, ............................................................... Justice of the Peace of ........................
.......................................................................................................... am satisfied,
by an application supported by evidence on oath, that —
there are reasonable grounds for suspecting that there is, at the place, or in the vehicle —
(a) an animal, the safety or welfare of which is under threat; or
(b) something that may afford evidence of the commission of an offence
under the Act;
entry onto the place or into the vehicle is reasonably required to investigate a suspected offence against the Act;
OR
there are reasonable grounds for suspecting that an offence under Part 3 of the Act is likely be committed in respect of the animal if it is not seized.
I authorise ..................................................., an inspector, to exercise the entry, search, and seizure powers set out in the
Signed ..................................................... (
Dated .....................................................
[r. 9B(1)]
Infringement notice no. | |||
Name | |||
Address | |||
Date or period | |||
Place | |||
Written law contravened | |||
Details of offence | |||
Date of notice | |||
Name | |||
Office | |||
Signature | |||
$________ | |||
It is alleged that you have committed the above offence. | |||
Paying the modified penalty is not regarded as an admission for the purposes of any civil or criminal proceedings. | |||
and post this notice to the Authorised Person at the address below within 28 days after the date of this notice. | |||
In person | |||
By post | |||
Online | |||
By telephone | |||
[r. 9B(2)]
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Place | |||||
Written law contravened | |||||
Details of offence | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. 1. Your refund is enclosed. | |||||
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 — | |||||
Form 2
[r. 10]
Section 72
To the Minister:
I, ................................................................................................................
of ................................................................................................................
................................................................................................................
object to the decision of ............................................................................... (
The details of that decision are ...................................................................
.....................................................................................................................
.....................................................................................................................
The grounds of my objection are (
.....................................................................................................................
.....................................................................................................................
In support of my objection I attach the following information (
.....................................................................................................................
.....................................................................................................................
Dated the ............ day of ....................................................... 20................
................................................ (
Contact Phone No. ...................................
Note: Section 72(2) of the Act requires an objection to be made within 28 days after the right to object arose, or such further time as the Minister may allow.
Form 4
[r. 13]
Section 93
To the Minister:
I, ...............................................................................................................
of ...............................................................................................................
...............................................................................................................
apply for payment of compensation for the injury to*/death of* my animal(s), caused by the negligent or malicious performance of a function, by a scientific officer, under the
(*
Particulars of the animal(s) subject to the claim are
(
Breed: .........................................................................................................
Age (
Sex: ............................................................................................................
Valuation: ..................................................................................................
I, the claimant, declare that I am the owner of the animal(s) described in this claim and that the information provided is, to the best of my knowledge, correct.
Signature of owner: ....................................................................................
Date: .........................................................................................................
I certify that the statements made in this claim are, to the best of my knowledge, correct.
Signature of inspector or
other authorised person: ............................................................................
Date: ..........................................................................................................
Note: Section 93(2) of the Act requires claims to be made within one year of the injury or death.
This is a compilation of the
4 Apr 2003 p. 1077‑96 | 4 Apr 2003 (see r. 2 and | |
30 Dec 2004 p. 7010 | 1 Jan 2005 (see r. 2 and | |
23 Jun 2006 p. 2192‑3 | 23 Jun 2006 | |
12 Jun 2007 p. 2720‑1 | r. 1 and 2: 12 Jun 2007 (see r. 2(a)); Regulations other than 1 and 2: 13 Jun 2007 (see r. 2(b)) | |
20 Jun 2008 p. 2719 | r. 1 and 2: 20 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Jun 2008 (see r. 2(b)) | |
18 Jul 2008 p. 3330 | r. 1 and 2: 18 Jul 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Jul 2008 (see r. 2(b)) | |
16 Feb 2010 p. 644‑5 | r. 1 and 2: 16 Feb 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Feb 2010 (see r. 2(b)) | |
16 Mar 2010 p. 977-8 | r. 1 and 2: 16 Mar 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Mar 2010 (see r. 2(b)) | |
5 Feb 2013 p. 826‑7 | r. 1 and 2: 5 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2013 (see r. 2(b) and | |
SL 2020/161 2 Oct 2020 | r. 1 and 2: 2 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Oct 2020 (see r. 2(b)(i) and (c) and SL 2020/159 cl. 2(a)) | |
SL 2021/146 13 Aug 2021 | r. 1 and 2: 13 Aug 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Aug 2021 (see r. 2(b)) | |
SL 2022/98 17 Jun 2022 | 18 Jun 2022 (see r. 2(b) and SL 2022/81 cl. 2) | |
BAM Act...................................................................................................................... 5(1)
BAM Act list............................................................................................................... 5(1)
depot.............................................................................................................................. 7(1)
saleyard......................................................................................................................... 7(1)
supervised person........................................................................................................ 7(4)
supervisor..................................................................................................................... 7(4)
tail docking................................................................................................................ 14(1)
transport process......................................................................................................... 7(1)
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