Exhibited Animals Protection Amendment Regulation 2006 (NSW)

2006 No 588

New South Wales

Exhibited Animals Protection Amendment Regulation 2006

under the

Exhibited Animals Protection Act 1986

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Exhibited Animals Protection Act 1986.

IAN MACDONALD, M.L.C., Minister for Primary Industries

Explanatory note
The object of this Regulation is to amend the Exhibited Animals Protection Regulation 2005:

(a)	to prescribe a new standard with respect to the exhibiting of Australian mammals to replace standards currently prescribed with respect to the exhibiting of koalas and captive macropods, and
(b)	to prescribe certain offences against the Exhibited Animals Protection Act 1986 and the Exhibited Animals Protection Regulation 2005 as offences that may be dealt with by a penalty notice.

This Regulation is made under the Exhibited Animals Protection Act 1986, in particular sections 14, 25, 46A and 53 (the general regulation-making power).

Published in Gazette No 118 of 22 September 2006, page 8083	Page 1
2006 No 588
Clause 1	Exhibited Animals Protection Amendment Regulation 2006

Exhibited Animals Protection Amendment Regulation

2006

under the

Exhibited Animals Protection Act 1986

1      Name of Regulation

This Regulation is the Exhibited Animals Protection Amendment
Regulation 2006.

2      Commencement

This Regulation commences on 22 September 2006.

3 Amendment of Exhibited Animals Protection Regulation 2005

The Exhibited Animals Protection Regulation 2005 is amended as set out in Schedule 1.

2006 No 588

Exhibited Animals Protection Amendment Regulation 2006

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 8 Standards for animal display establishments

Omit “Standards for Exhibiting Koalas (Phascolarctos cinereus) in New
South Wales” from clause 8 (1).

[2]      Clause 8 (1)

Omit “Standards for Exhibiting Captive Macropods (Kangaroos, Wallabies and Allies) in New South Wales”.

[3]      Clause 8 (1)

Insert “Standards for Exhibiting Australian Mammals in New South Wales.” at the end of clause 8 (1).

[4]      Clause 35 Animal records

Omit “must” from clause 35 (5).
Insert instead “is guilty of an offence if the holder fails to”.

[5]      Clause 39

Omit the clause. Insert instead:

39 Attendants and other staff

(1)	An exhibitor of animals must employ such number of adequately trained and competent staff as is necessary to maintain daily the level of animal husbandry required by this Regulation.
(2)	An exhibitor of animals must employ such number of qualified or experienced animal attendants as is necessary to maintain the level of care of the animals required by this Regulation.
(3)	An exhibitor of animals must make such arrangements as are necessary to ensure that there will at all times be a person authorised to call for veterinary advice in relation to the animals. Maximum penalty: 10 penalty units.

2006 No 588

Exhibited Animals Protection Amendment Regulation 2006

Schedule 1 Amendments

[6]      Clause 46

Insert after clause 45:

46 Penalty notice offences

For the purposes of section 46A of the Act:

(a)	an offence under a provision of the Act or this Regulation specified in Column 1 of Schedule 5 is prescribed as a penalty notice offence, and
(b)	the amount specified in Column 2 of Schedule 5 in respect of such an offence is the prescribed amount of penalty for the offence.

[7]      Schedule 5

Insert after Schedule 4:

Schedule 5 Penalty notices

(Clause 46)

Column 1	Column 2
Provision	Penalty
Exhibited Animals Protection Act 1986
Section 12 (1)	$500
Section 18 (1)	$500
Section 19	$500
Section 22 (2)	$500
Section 24	$500
Section 31 (1) (a)	$200
Section 31 (1) (b)	$200
Section 31 (2) (a)	$500
Section 31 (2) (b)	$500
Section 31 (2) (c)	$500
Section 31 (2) (d)	$500
Section 44	$500
Section 45	$500

2006 No 588

Exhibited Animals Protection Amendment Regulation 2006

Amendments Schedule 1

Column 1	Column 2
Provision	Penalty
Exhibited Animals Protection Regulation 2005
Clause 20 (a)	$200
Clause 20 (b)	$200
Clause 21 (1)	$200
Clause 21 (2)	$200
Clause 21 (3)	$200
Clause 22	$200
Clause 23 (1)	$200
Clause 23 (2)	$200
Clause 24 (1)	$200
Clause 25 (2)	$200
Clause 26	$200
Clause 27 (1)	$200
Clause 27 (2)	$200
Clause 28 (1)	$200
Clause 28 (2)	$200
Clause 28 (3)	$200
Clause 28 (4)	$200
Clause 29	$200
Clause 30 (a)	$200
Clause 30 (b)	$200
Clause 32 (c)	$200
Clause 33 (1)	$200
Clause 33 (2)	$200
Clause 35 (2)	$200
Clause 35 (4)	$200
Clause 35 (5) (a)	$200
Clause 35 (5) (b)	$200
Clause 35 (5) (c)	$200

2006 No 588	Exhibited Animals Protection Amendment Regulation 2006
Schedule 1	Amendments

Column 1	Column 2
Provision	Penalty
Clause 35 (7)	$200
Clause 35 (8)	$200
Clause 35 (9)	$200
Clause 36 (1)	$200
Clause 36 (2)	$200
Clause 36 (3)	$200
Clause 36 (4)	$200
Clause 37 (1)	$200
Clause 37 (2)	$200
Clause 39 (3)	$200
Clause 40	$200

BY AUTHORITY