Exhibited Animals Protection Regulation 2010 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Exhibited Animals Protection Regulation 2010.

2Commencement

This Regulation commences on 1 September 2010.

Note—

This Regulation replaces the Exhibited Animals Protection Regulation 2005, which is repealed on 1 September 2010 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

authorised premises means premises to which an authority relates, including any land occupied by the holder of the authority for, or in connection with, the exhibition of animals in accordance with the authority.

authority means a licence, an approval or a permit.

drive-through area means any part of an animal display establishment in which there is exhibited an animal and through which the public may be permitted to drive motor vehicles without being separated from the animal by a fence, moat or cage forming part of the establishment.

enclosure includes a cage or other structure in which an exhibited animal is kept or is treated for illness or injury.

farm means a place at which one or more animals of a species set out in Schedule 1 are kept for the primary purpose of primary production.

fence includes a wall or other barrier.

fixed establishment means an animal display establishment comprising premises used, on an ongoing basis, for the display, and the keeping for display, of animals, not being the following:

• (a)

  a mobile establishment,

• (b)

  an off-display establishment.

licensed premises means premises to which a licence relates.

minor establishment means a fixed establishment at which no more than 30 animals are exhibited.

mobile establishment means an animal display establishment comprising premises used, on a temporary basis, for the display of the following animals, but only while the animals are displayed or kept for display at the premises:

• (a)

  animals that are the subject of an approval under section 22 of the Act,

• (b)

  animals that are the subject of a permit.

off-display establishment means an animal display establishment comprising premises used for the keeping for display of animals, but not the display of animals, that are:

• (a)

  the subject of an approval under section 22 of the Act, or

• (b)

  the subject of a permit, or

• (c)

  ordinarily exhibited at a fixed establishment,

and includes the land, buildings, enclosures and facilities used for that purpose.

permit animal means an animal of a species set out in Schedule 2.

pet shop means premises in which animals are kept primarily for sale as pets in the course of a trade, business or profession.

Secretary means the Secretary of the Department.

the Act means the Exhibited Animals Protection Act 1986.

veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

Part 2Animal display establishments4Exemptions from licensing requirements(1)

For the purposes of section 4 (1) of the Act, an animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are freshwater fish that are kept:

• (a)

  in a decorative or landscaped pond or ponds of any size, or

• (b)

  in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

(2)

For the purposes of section 4 (1) of the Act, an animal display establishment is exempt from the requirement to be licensed if the only animals exhibited at the establishment are saltwater fish that are kept in an aquarium that has a capacity of less than 2,000 litres or aquaria that have a total capacity of less than 2,000 litres.

(3)

For the purposes of section 4 (1) of the Act, an animal display establishment is exempt from the requirement to be licensed in respect of an animal if the animal is in an enclosed area and the Secretary is satisfied that:

• (a)

  the animal is in a wild state, and

• (b)

  given the nature and circumstances of the animal and establishment concerned, it would be unreasonable to require the use of the establishment to be licensed (and comply with the licensing requirements) under the Act.

Note—

Certain wildlife sanctuaries require and maintain very limited human interaction with the animals kept on those premises. In such cases the Secretary may form the view that it is unreasonable to require the operator of the sanctuary to comply with the strict requirements of a licence under the Act.

(4)

For the purposes of section 4 (1) of the Act, an off-display establishment is exempt from the requirement to be licensed if:

• (a)

  the animals that are being kept for display at the off-display establishment are animals that are authorised to be exhibited by a circus, and

• (b)

  those animals are being kept for display at the off-display establishment on a temporary and short term basis, and

• (c)

  the off-display establishment is not an off-display establishment at which those animals are ordinarily kept for display when the circus is not exhibiting those animals.

5Exhibitions exempted from the operation of the Act(1)

For the purposes of paragraph (c) of the definition of exhibit in section 5 (1) of the Act, it is declared that the display, or keeping for display, of an animal in the following circumstances does not constitute an exhibition of the animal for the purposes of the Act:

• (a)

  that the animal is a free-living animal in its natural habitat,

• (b)

  that the animal is a lawful captive and is part of a competitive display of household pets,

• (c)

  that the animal is part of a competitive display of domestic farm animals,

• (d)

  that the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,

• (e)

  that the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,

• (f)

  that the animal is a lawful captive that is not displayed, or kept for display, to the public,

• (g)

  (Repealed)

• (h)

  that the animal is displayed, or kept for display, in the course of carrying on the business of animal research, or in the course of carrying out animal research, without contravening the Animal Research Act 1985,

• (i)

  that the animal, being an animal of a species listed in Schedule 3 and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is an animal used only for riding or racing,

• (j)

  that the animal is kept in a pet shop for display and not for sale,

• (k)

  that the animal, being an animal of a species listed in Schedule 1 and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is displayed:

  • (i)

    at an agricultural show or show parade conducted by the Royal Agricultural Society or a society that is a member of the Agricultural Societies Council, or

  • (ii)

    at an agricultural field day conducted on a farm or showground, or

  • (iii)

    on the farm on which the animal is kept,

• (l)

  that the animal, being an animal of a species listed in Schedule 1, and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purposes of promoting an agricultural product derived from that species of animal and:

  • (i)

    the animal is one of no more than 10 animals displayed, or kept for display, for this purpose at any one time, and

  • (ii)

    any display lasts for no more than 2 days at a time and is conducted at least 5 days after any previous display of the animal, and

  • (iii)

    the animal is displayed near a display of the relevant agricultural product or shortly before or after such a display, and

  • (iv)

    the person who normally cares for the animal attends the animal for the duration of any display,

• (m)

  that the animal is a fish that is kept (otherwise than in a habitat display) at:

  • (i)

    a fish hatchery, or

  • (ii)

    a fish farm,

  for the purpose of:

  • (iii)

    commercial food production, or

  • (iv)

    re-stocking of lakes, dams or waterways,

• (n)

  that the animal is a lawful captive and is being displayed, or kept for display, at a meeting of an association dedicated to the keeping of that type of animal,

• (o)

  that the animal is being displayed, or kept for display, by a school student at a school for a single “show-and-tell” activity.

(2)

If the display of any animal that constitutes exhibition for the purposes of the Act and the display of any animal that does not constitute exhibition for the purposes of the Act (by virtue of subclause (1)) takes place at the same time on the same premises, any authority issued in relation to the premises applies to all animals at the premises.

Note—

For example, if a pony ride (which is not exhibition for the purposes of the Act by virtue of clause 5 (1) (i)) takes place at an exhibition or display farm to which an approval relates, the approval, and any terms, conditions or standards that have effect under the approval, also apply to the pony ride.

6Zoological parks

For the purposes of the definition of zoological park in section 5 (1) of the Act, an educational, cultural, scientific or recreational purpose is a prescribed purpose.

7Classes of animal display establishments: section 13(1)

The following are prescribed as classes of animal display establishments for the purposes of the Act (other than sections 12, 15 and 18 of the Act):

• (a)

  fixed establishments,

• (b)

  mobile establishments,

• (c)

  off-display establishments.

(2)

For the purposes of sections 12, 15 and 18 of the Act, the following classes of animal display establishments are prescribed:

• (a)

  fixed establishments,

• (b)

  off-display establishments.

8Standards for animal display establishments(1)

For the purposes of sections 14 and 25 of the Act, the following standards (published by the Department or any of its predecessors) are prescribed:

• •

  General Standards for Exhibiting Animals in New South Wales (published in February 2019)

• •

  Policy on Exhibiting Primates in New South Wales (published in March 2000)

• •

  Standards for Exhibiting Animals at Mobile Establishments in New South Wales (published in February 2019)

• •

  Standards for Exhibiting Animals during Temporary Removals in New South Wales (published in February 2019)

• •

  Standards for Exhibiting Australian Mammals in New South Wales (published in April 2006)

• •

  Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales (published in April 1994)

• •

  Standards for Exhibiting Captive Raptors in New South Wales (published in May 2010)

• •

  Standards for Exhibiting Carnivores in New South Wales (published in August 2016)

• •

  Standards for Exhibiting Circus Animals in New South Wales (published in February 2019)

• •

  Standards for Exhibiting Seals in New South Wales (published in October 2008)

(2)

It is a condition of an authority that the exhibition of animals to which it relates must be in accordance with such of the standards referred to in this clause as are applicable in relation to the authority.

(3)

The Secretary may, at the request of a person who is the applicant for or holder of an authority that relates to:

• (a)

  an animal display establishment that was in existence before 9 June 1989, or

• (b)

  the exhibition of an animal that was exhibited by the person before that time,

vary any standard otherwise applicable under this clause to the establishment or the exhibition of the animal by the person.

(4)

If a standard is varied under this clause, the standard applicable to the establishment or exhibition of the animal concerned is the standard as so varied.

9Exhibitions of species of animals that require permits

The species of animals prescribed for the purposes of sections 24 and 25 of the Act are those set out in Schedule 2.

Part 3AuthoritiesDivision 1General10Application for issue, renewal or variation of authority(1)

An application for the issue, renewal or variation of an authority (other than a licence to be issued under section 18 of the Act following an approval under that section) or for the transfer of a licence:

• (a)

  must be made in writing in the form approved by the Secretary for the purposes of the application, and

• (b)

  must be accompanied by any supporting documents referred to in the approved form and by the relevant fee or fees, and

• (c)

  in the case of an application for renewal—must be lodged with the Secretary during the month of May that last precedes expiration of the authority.

(2)

An application for a renewal of an authority that complies with subclause (1) operates to renew the authority unless:

• (a)

  the Secretary notifies the holder of the authority that renewal of the authority has been refused, or

• (b)

  the application has been deemed to be refused by operation of section 27 (4) of the Act.

(3)

An application for renewal of an authority is not required and subclause (2) has effect as if such an application had been made in compliance with subclause (1) if:

• (a)

  the authority first takes effect during May or June, and

• (b)

  the fee or fees for renewal of the authority is or are paid before the next succeeding 1 July.

(4)

The Secretary must not issue a licence unless:

• (a)

  the applicant has, to the satisfaction of the Secretary, completed a course of study of a kind approved by the Secretary concerning the requirements of the Act and this Regulation, and

• (b)

  the applicant understands, to the satisfaction of the Secretary, the requirements of the Act and this Regulation.

(5)

An application is not required for a licence to be issued under section 18 (4) of the Act.

11Fees(1)

The fee for the lodgment of an application of a class specified in the Table to this clause is the lodgment fee specified opposite that class of application.

(2)

The fee for the issue of an authority following an application of a class specified in the Table to this clause is the issue fee specified opposite that class of application.

(3)

Despite subclause (2), if an authority issued by the Secretary is to take effect during a month other than July, the applicant is to pay:

• (a)

  the applicable lodgement fee (if any), and

• (b)

  the applicable issue fee adjusted on a pro-rata basis.

(4)

In this clause:

minor exhibitor means a person who exhibits or is to exhibit no more than 30 animals.

Table

Application for	Lodgment fee	Issue fee
Approval under section 18 of the Act	$230	nil
Licence under section 18 of the Act	nil	$285 for minor establishments, otherwise $1,035
Renewal of licence under section 18 of the Act	$115	$285 for minor establishments, otherwise $1,035
Licence under section 18 of the Act, and approval under section 22 of the Act, if applications lodged by applicant at the same time	total fee for both applications—$230	total fee for issue of licence and approval—the higher of the issue fee applying to the issue of the licence and that applying to the issue of the approval, if applied for individually
Renewal of licence under section 18 of the Act, and renewal of approval under section 22 of the Act, if applications lodged by applicant at the same time	total fee for both applications—$115	total fee for issue of licence and approval—the higher of the issue fee applying to renewal of the licence and that applying to renewal of the approval, if applied for individually
Approval under section 19 of the Act	$46	nil
Approval under section 22 of the Act	$230	$285 for minor exhibitors, otherwise $1,035
Renewal of approval under section 22 of the Act	$115	$285 for minor exhibitors, otherwise $1,035
Permit under section 24 of the Act	$23 per species	nil if applicant holds current licence or approval, $285 if the applicant is a minor exhibitor, otherwise $1,035
Renewal of permit under section 24 of the Act	nil if applicant holds current licence or approval, otherwise $23 per species	nil if applicant holds current licence or approval, $285 if the applicant is a minor exhibitor, otherwise $1,035
Transfer of licence under section 27 of the Act	$230	$285 for minor establishments, otherwise $1,035
Variation of authority under section 27 of the Act	$23	nil

12Duration of authority

For the purposes of section 29 of the Act, an authority remains in force (unless it is earlier cancelled or except during any period of suspension) until:

• (a)

  in the case of an authority other than a renewed authority—1 July following the date on which the authority commences, or

• (b)

  in the case of a renewed authority—1 July following the date on which the renewed authority commences.

Division 2Conditions13Conservation education

It is a condition of every authority that the authority holder is to provide education to the public concerning the conservation of animals to a standard approved by the Secretary.

14Australasian Species Management Program

An authority may include a condition requiring the holder to participate in the Australasian Species Management Program of the Zoo and Aquarium Association.

14AConditions on approvals for mobile exhibitions

To avoid doubt, an approval under section 22 of the Act may include a condition requiring the holder to comply with requirements with respect to the temporary or movable structures and facilities, and any vehicle, used at a mobile exhibition for the display, or the keeping for display, of the animals the subject of the approval.

15Breeding from stock

An authority is subject to a condition that the holder must not engage in the breeding of the animals to which the authority relates if the breeding:

• (a)

  would adversely affect the welfare of the progeny because of budgetary or space constraints, or

• (b)

  would, in the opinion of the Secretary, add to an existing surplus of the species, or

• (c)

  would not be in accordance with the Australasian Species Management Program referred to in clause 14, or

• (d)

  in the opinion of the Secretary, would not, for any other reason, be in the best interests of the species or an individual animal.

16Insurance

An authority is subject to a condition requiring the holder to maintain a policy of insurance, providing cover of an amount approved by the Secretary, against any liability of the holder, or of a servant or agent of the holder, for death, injury or damage that arises out of or in connection with an activity authorised by the authority.

17Exhibition of animals at circuses

It is a condition of every approval under Division 2 of Part 3 of the Act authorising the exhibition of an animal at a circus that the animal will be kept and exhibited in accordance with the Standards for Exhibiting Circus Animals in New South Wales approved and published by the Secretary.

18Imposition of terms and conditions by the Secretary(1)

Terms or conditions of an authority may be imposed by the Secretary under section 28 (1) (c) of the Act after the issue of the authority:

• (a)

  at the request of the holder of the authority, or

• (b)

  otherwise than at the request of the holder of the authority if subclause (3) has been complied with by the Secretary before imposition of the term or condition.

(2)

A term or condition of an authority that is specified under section 28 (1) (b) of the Act in the authority when it is issued, or that is imposed by the Secretary under section 28 (1) (c) of the Act after it is issued, may be varied by the Secretary if the decision to make the variation is made after subclause (3) has been complied with.

(3)

This subclause is complied with if:

• (a)

  the Secretary gives the holder of the authority written notice that the Secretary is considering the imposition or variation of terms or conditions specified in the notice, and

• (b)

  the notice states that the holder of the authority may, within a specified time, make written representations to the Secretary or arrange with the Secretary for the making of oral representations, and

• (c)

  before making any decision in relation to a term, condition or variation under consideration, the Secretary takes into account any such representations.

(4)

Despite any other provision of this clause, the Secretary may, at any time, revoke a term or condition of an authority that is specified under section 28 (1) (b) of the Act in the authority when it is issued or that is imposed by the Secretary under section 28 (1) (c) of the Act after it is issued.

Part 4Offences19Display of authority

The holder of an authority must cause the authority to be at all times publicly displayed in a prominent position:

• (a)

  if the authority is a permit or approval—at the premises at which the animals concerned are being displayed, or

• (b)

  in any other case—on the authorised premises.

Maximum penalty: 10 penalty units.

20Veterinary drugs(1)

The holder of an authority must ensure that veterinary drugs, vaccines and like products kept on the authorised premises are so kept in a manner that allows access to them only by a veterinary practitioner or a person authorised by a veterinary practitioner.

Maximum penalty: 10 penalty units.

(2)

The holder of an authority must not cause or permit a person, other than a veterinary practitioner, to administer a drug or vaccine to an animal that is exhibited on authorised premises except as directed by a veterinary practitioner.

Maximum penalty: 10 penalty units.

(3)

A person other than a veterinary practitioner must not, except as directed by a veterinary practitioner, administer a drug or vaccine to an animal that is exhibited on authorised premises.

Maximum penalty: 10 penalty units.

21Notification of outbreak of disease

The holder of an authority must notify the Secretary of any widespread outbreak of a debilitating or fatal disease among the animals on the authorised premises and must do so not later than 24 hours after discovery of the outbreak.

Maximum penalty: 10 penalty units.

22Disposal of unwanted veterinary equipment(1)

The holder of an authority must not cause or permit a person to dispose of unwanted or contaminated veterinary equipment from authorised premises in such a way so that the equipment becomes a danger to any person.

Maximum penalty: 10 penalty units.

(2)

A person disposing of unwanted or contaminated veterinary equipment from authorised premises must do so in such a way that the equipment does not become a danger to any person.

Maximum penalty: 10 penalty units.

23Tethering of animals(1)

A person must not chain or tether an exhibited animal, or cause or permit such an animal to be chained or tethered, to an anchorage except for the purposes of veterinary treatment or grooming.

Maximum penalty: 10 penalty units.

(2)

Subclause (1) does not apply:

• (a)

  to elephants or domesticated hoof-stock if the Standards for Exhibiting Circus Animals in New South Wales are observed, or

• (b)

  to elephants on licensed premises that are not on display:

  • (i)

    at night, or

  • (ii)

    during an emergency situation, or

• (c)

  to raptors if the Standards for Exhibiting Captive Raptors in New South Wales are observed.

24Dangerous or unsuitable housing(1)

If the Secretary (or an inspector) considers that an exhibited animal is caged or otherwise housed in conditions that threaten human safety or are unsuitable for the animal, the Secretary (or the inspector) may direct the exhibitor of the animal:

• (a)

  to remove the animal to a cage or other housing approved by the Secretary (or the inspector), or

• (b)

  to modify the cage or housing in a specified way within a specified time, or

• (c)

  to demolish the cage or housing within a specified time.

(2)

An exhibitor of an animal who is given a direction under subclause (1) must comply with the direction.

Maximum penalty: 10 penalty units.

25Exhibition of unconfined animal

The exhibitor of an animal in contact with the public must so supervise and control it as to prevent injury to the public or to the animal.

Maximum penalty: 10 penalty units.

26Safety in drive-through area(1)

The exhibitor of a dangerous animal kept in a drive-through area must cause admission of a motor vehicle to the area to be refused unless the persons in the vehicle are enclosed within a solid structure forming part of the vehicle.

Maximum penalty: 10 penalty units.

(2)

While a person is inside a drive-through area, the exhibitor of a dangerous animal in the area must cause:

• (a)

  a suitable vehicle to be immediately available to rescue an endangered person, whether or not by towing or lifting a vehicle containing the endangered person, and

• (b)

  continuous observation to be maintained over the entire area, and

• (c)

  a suitably trained and armed member of the staff of the animal display establishment that includes the area, to be immediately available to kill or sedate an animal in order to save human life or prevent injury.

Maximum penalty: 10 penalty units.

(3)

In this clause:

dangerous animal means:

• (a)

  an animal of a species (such as tigers, lions and bears) whose members ordinarily pose a significant risk of death or injury to the public, or

• (b)

  an animal that, because of its particular disposition, health or other condition, poses a significant risk of death or injury to the public.

27Escape of animal(1)

An exhibitor of a permit animal must, if the animal escapes from the authorised premises, notify the Secretary:

• (a)

  of the escape within 2 hours, and

• (b)

  immediately on recapture of the animal.

(2)

If a permit animal escapes from an enclosure within authorised premises but not from the premises, the permit holder must notify the Secretary:

• (a)

  of the escape within 2 hours, and

• (b)

  immediately on recapture of the animal.

(3)

If an animal other than a permit animal escapes from authorised premises, or from an enclosure within authorised premises but not from the premises, the holder of the authority must notify the Secretary of the escape within 48 hours of the escape and immediately on recapture of the animal.

(4)

The holder of an authority must make all reasonable efforts to recover, alive or dead, an exhibited animal that escapes.

Maximum penalty: 10 penalty units.

28Venomous animals

An exhibitor of an animal that is venomous to human beings must:

• (a)

  if a suitable antivenom exists, at all times have an appropriate supply of the antivenom available at the place of exhibition of the animal or at the nearest hospital, and

• (b)

  maintain an emergency plan for the treatment of a person envenomed by the animal.

Maximum penalty: 10 penalty units.

29Reporting of injuries to people

The holder of an authority must immediately report to the Secretary any incident involving:

• (a)

  the death of a person, or

• (b)

  injury to a person that requires medical treatment,

caused by an animal to which the authority relates.

Maximum penalty: 10 penalty units.

30Noisy construction and maintenance work

An exhibitor of animals must take such steps as are necessary to alleviate any undue distress or disturbance of the animals resulting from the noise of construction or maintenance work being carried on by or on behalf of the exhibitor.

Maximum penalty: 10 penalty units.

31Acquisition etc animals(1)

The holder of an authority must not:

• (a)

  acquire an animal for exhibition if the holder knows, or ought reasonably to know, that the transaction is with a person who, by acquiring, possessing or selling the animal, committed an offence under the Act or any of the following Acts:

  • (i)

    the Animal Research Act 1985,

  • (ii)

    the National Parks and Wildlife Act 1974 or the Biodiversity Conservation Act 2016,

  • (iii)

    the Biosecurity Act 2015,

  • (iv)

    the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or

• (b)

  sell an exhibited animal to a person who the holder knows, or ought reasonably to know, by acquiring, possessing or selling the animal would commit an offence under the Act or any other Act referred to in paragraph (a), or

• (c)

  acquire or sell an animal of a species listed in Schedule 2 without the consent of the Secretary.

Maximum penalty: 10 penalty units.

(2)

In this clause, sell an animal includes transfer possession of the animal.

32Removal of exhibited animal(1)

The holder of a licence for a fixed establishment must not, without the written consent of the Secretary, keep an exhibited animal, or cause or permit an exhibited animal to be kept, outside:

• (a)

  the fixed establishment in which it is ordinarily exhibited, or

• (b)

  an off-display establishment associated with or used in connection with the fixed establishment.

Maximum penalty: 10 penalty units.

(2)

The holder of an authority must not remove an animal from the authorised premises unless an application in the approved form for the consent of the Secretary to the removal of the animal was made:

• (a)

  at least 7 days before the proposed removal, or

• (b)

  by agreement with the Secretary, at a later time,

and the Secretary has given his or her written consent to the removal of the animal.

Maximum penalty: 10 penalty units.

(3)

Subclauses (1) and (2) do not apply in relation to an animal if:

• (a)

  it is being taken to, or returned from, the premises of a veterinary practitioner, or

• (b)

  it is being kept on the premises of a veterinary practitioner for treatment or observation, or

• (c)

  in the case of an animal ordinarily kept for display in an off-display establishment—it is being taken to, or returned from, premises outside the off-display establishment for display at those premises in accordance with an approval under section 22 of the Act or a permit, or

• (d)

  it is being transported to give effect to its lawful disposition or acquisition.

(4)

In this clause, approved form means a form approved by the Secretary.

33Exemption from requirements concerning acquisition, disposal and removal of animals(1)

The Secretary may exempt a holder of an authority, or a class of holder of an authority, from the requirements of clause 31 (1) (c) or 32 (2).

(2)

The exemption may be given either unconditionally or subject to conditions.

(3)

Where an exemption is given subject to conditions, the exemption does not have effect while any of the conditions is not being complied with.

34Compliance with conditions

The holder of an authority must comply with any conditions to which the authority or an exemption given to the holder under clause 33 is subject.

Maximum penalty: 10 penalty units.

35Animal records(1)

In this clause:

relevant period, in relation to an authority, means:

• (a)

  the period that begins when the authority first takes effect and ends on the next succeeding 30 April, and

• (b)

  each period of 12 months that commences on 1 May and succeeds the period referred to in paragraph (a).

(2)

The holder of an authority must, at all times during each relevant period while the authority is in force, keep on the authorised premises (or at such other place as is approved by the Secretary) animal records in a form approved by the Secretary.

Maximum penalty: 10 penalty units.

(3)

For the purposes of subclause (2), if an authority relates to more than one premises the animal records need only be kept at the premises at which the animal concerned is most often kept.

(4)

As soon as practicable after information required to keep the animal records up-to-date becomes available to the holder of an authority, the holder must cause the information to be entered in the animal records.

Maximum penalty: 10 penalty units.

(5)

The holder of an authority is guilty of an offence if the holder fails to:

• (a)

  notify the Secretary within 7 days after the loss of, or after any damage to, the animal records, or

• (b)

  enter, or allow an entry to be made, in the animal records:

  • (i)

    if the records are in a written or printed form—only in ink, or

  • (ii)

    if the records are stored in electronic form—only in a manner approved by the Secretary, or

• (c)

  delete an erroneous entry in the animal records, or allow such an erroneous entry to be deleted:

  • (i)

    if the records are in a written or printed form—only by drawing a single line through the entry, or

  • (ii)

    if the records are stored in electronic form—only in a manner approved by the Secretary.

Maximum penalty: 10 penalty units.

(6)

A person must not enter, or allow an entry to be made, in the animal records that the person knows to be false or misleading in a material particular.

Maximum penalty: 10 penalty units.

(7)

The holder of an authority making an application for its renewal must lodge with the application the animal records required to be kept during the relevant period for the authority that last preceded the application.

Maximum penalty: 10 penalty units.

(8)

The former holder of the authority must, not later than 14 days after expiration of an authority, lodge with the Secretary the animal records the former holder was required to keep:

• (a)

  during the relevant period for the authority that expired on the last preceding 30 April, and

• (b)

  during the relevant period for the authority that commenced on the last preceding 1 May.

Maximum penalty: 10 penalty units.

(9)

If an authority is surrendered, suspended or cancelled, the holder, or former holder, of the authority must:

• (a)

  within 14 days after the surrender, or

• (b)

  within 14 days after being notified of the suspension or cancellation,

lodge with the Secretary the animal records the holder, or former holder, was required to keep during the relevant period for the authority that commenced on 1 May last preceding the surrender, suspension or cancellation.

Maximum penalty: 10 penalty units.

36Other records(1)

An exhibitor of animals must maintain, in a manner approved by the Secretary, an up-to-date record of:

• (a)

  any illness, disease, injury or other poor health of animals, and

• (b)

  the day-to-day progress or regress of the animals, and

• (c)

  the treatment, medicinal and otherwise, administered to the animals.

(2)

An exhibitor of animals must maintain, in a manner approved by the Secretary, an up-to-date record of routine checks made on the health of the animals.

(3)

An exhibitor of animals must maintain, in a manner approved by the Secretary, an up-to-date record of each veterinary inspection of the animals and of any veterinary care given to the animals.

(4)

An exhibitor of animals must retain, for at least 2 years after it is made, a record made under this clause.

Maximum penalty: 10 penalty units.

37Species identification(1)

An exhibitor of animals must make, and retain for at least 2 years after it is made, a record of the name and qualifications of a person who identifies a species of animals for the exhibitor.

(2)

If the Secretary so directs, an exhibitor of animals must have the species of the animals identified by a person nominated by the Secretary.

Maximum penalty: 10 penalty units.

38Variation of record keeping obligations

The Secretary may, at the request of the holder of an authority or an exhibitor, exempt the holder or exhibitor from any obligation to keep records otherwise applicable to that holder or exhibitor under clause 35, 36 or 37.

39Attendants 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.

Part 5Miscellaneous40Organisations that may nominate persons to be members of advisory committee(1)

For the purposes of section 6 (4) (e) of the Act, the following are prescribed animal welfare organisations:

• •

  Animal Welfare League NSW

• •

  Humane Society International

• •

  Primates for Primates

• •

  Royal Society for the Prevention of Cruelty to Animals

• •

  World Wide Fund for Nature Australia

(2)

For the purposes of section 6 (4) (f) of the Act, the following are prescribed organisations representing exhibitors of animals:

• •

  Circus Federation of Australia

• •

  Mobile Wildlife Educators Association

• •

  New South Wales Fauna and Marine Parks Association

• •

  Zoo and Aquarium Association

41Bonds paid as condition of cetacea display licence(1)

For the purposes of section 37 of the Act:

• (a)

  the prescribed amount is $60,000, and

• (b)

  an arrangement for a financial institution to guarantee the payment of an amount to the Secretary (not exceeding $60,000) is a prescribed arrangement.

(2)

The Secretary must invest any money:

• (a)

  deposited with the Secretary under section 37 of the Act by a licensee and that has not, for the time being, been spent in accordance with that section, and

• (b)

  paid to the Secretary under an arrangement referred to in subclause (1) (b) and that has not, for the time being, been spent in accordance with that section.

(3)

The money must be invested:

• (a)

  in a manner authorised by the Trustee Act 1925 for the investment of trust funds, and

• (b)

  so that not more than one month’s notice is required for its repayment,

and the Secretary must arrange for the income to be paid directly to, or as authorised by, the licensee.

(4)

In subclause (1):

financial institution means:

• (a)

  an authorised deposit-taking institution, or

• (b)

  a financial institution approved by the Secretary.

42Period of time for return of seized animal

For the purposes of section 41 of the Act, a period of 6 months after seizure of an animal under section 40 of the Act is the prescribed period after which the animal must be returned unless earlier dealt with under the Act.

43Registered particulars relating to licences

The prescribed fee for a certificate containing a copy of the registered particulars relating to an animal display establishment given under section 21 of the Act is $58.

44Penalty 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 4 is prescribed as a penalty notice offence, and

• (b)

  the amount specified in Column 2 of Schedule 4 in respect of such an offence is the prescribed amount of penalty for the offence.

45Savings and transitional(1)

Any act, matter or thing that, immediately before the repeal of the Exhibited Animals Protection Regulation 2005, had effect under that Regulation is taken to have effect under this Regulation.

(2)

If, on the commencement of the Exhibited Animals Protection Amendment (Miscellaneous) Regulation 2019, a holder of an approval or permit (the existing authority) is required by operation of that Regulation to hold a licence, the existing authority is taken to be the required licence until the expiry of the existing authority.

Schedule 1Exemptions—animals displayed at certain agricultural shows and rural areas

(Clauses 3 and 5 (1) (k) and (l))

Birds (Class Aves)

Alectoris chukar	Chukar Partridge
Anas platyrhynchos	Domestic Duck
Anser species	Domestic Goose
Columba livia	Domestic Pigeon
Coturnix coturnix	Japanese Quail
Dromaius novaehollandiae	Emu
Gallus gallus	Domestic Chicken
Meleagris gallopavo	Domestic Turkey
Numida meleagris	Helmeted Guineafowl
Phasianus colchicus	Ring-necked Pheasant
Struthio camelus	Ostrich

Mammals (Class Mammalia)

Bos taurus and Bos indicus	Domestic Cattle
Canis familiaris	Domestic Dog, but limited to Working Breeds (Farm (Working) Dog)
Capra hircus	Domestic Goat
Cervus dama	Fallow Deer
Cervus elaphus	Red Deer (Wapiti)
Cervus timorensis	Rusa Deer
Cervus unicolor	Sambar Deer
Equus asinus	Domestic Donkey
Equus caballus	Domestic Horse
Lama glama	Llama
Lama pacos	Alpaca
Oryctolagus cuniculus	Domestic Rabbit
Ovis aries	Domestic Sheep
Sus scrofa	Domestic Pig

Schedule 2Animals for which a section 24 permit is required

(Clauses 3 and 9)

Part 1Sharks and rays (Class Chondrichthyes)

Order Lamniformes	Mackerel Sharks
Family Lamnidae	Mackerel Sharks
Subfamily Lamninae	White Sharks and Mako (Blue Pointer) Sharks
All species
Family Odontaspididae	Sand Tigers
Carcharias taurus	Grey Nurse Shark
Order Carcharhiniformes	Ground Sharks
Family Carcharhinidae	Requiem Sharks
Subfamily Carcharhininae	Tiger Sharks, Whaler Shark and Reef Sharks
All species
Family Sphyrnidae	Hammerhead Sharks
All species
Order Rajiformes	Sawfish, Skates and Rays
Family Dasyatidae	Rays, Rat-tailed Rays and Stingarees
Subfamily Dasyatinae	Stingrays
All species

Part 2Fish (Class Osteichthyes)

Order Scorpaeniformes	Waspfish, Firefish, Scorpion Cods, Stonefishes, Velvetfishes, Gurnards and Flatheads
Family Scorpaenidae	Scorpion Cods
All species
Family Tetrarogidae	Bullrouts
All species
Family Synanceiidae	Stonefish
All species
Order Ceratodontiformes	Lungfish
Neoceratodus forsteri	Australian Lungfish

Part 3Amphibians (Class Amphibia)

Order Anura	Frogs and Toads
Family Bufonidae	Toads
Bufo marinus	Cane Toad
Family Dendrobatidae	Poison Arrow Frogs

All species
Family Hylidae	Tree Frogs
Litoria aurea	Green and Gold Bell Frog
Family Leptodactylidae
Ceratophrys spp.	Horned-frogs
Family Myobatrachidae	Southern Frogs
Pseudophryne spp.	Corroboree Frog
Family Pipidae
Xenopus laevis	Clawed Toad
Family Ranidae
Pyxicephalus adspersus	African Bullfrog
Family Rhacophoridae
Philautus romeri	Romer’s Tree-frog
Order Caudata	Newts, Salamanders and Allies
All species except Ambystoma mexicanum—Axolotl

Part 4Reptiles (Class Reptilia)

Order Crocodilia	Crocodiles, Alligators and Allies
All species
Order Sphenodontia	Tuataras
Family Sphenodidae	Tuataras
All species
Order Chelonia	Tortoises and Turtles
Family Carettochelyidae	Pitted-shelled Turtles
Carettochelys insculpta
Family Cheloniidae	Sea Turtles
All species
Family Chelidae	Freshwater Tortoises
Pseudemydura umbrina	Western Swamp Tortoise
Chelus fimbriatus	Matamata
Platemys platycephala	Twist-necked Turtle
Family Chelydridae
All species
Family Dermochelyidae	Leathery Turtles
All species
Family Emydidae
All species
Family Kinosternidae
All species
Family Testudinidae	Land Tortoises
All species
Family Trionychidae
All species
Order Squamata	Lizards and Snakes
Sub-Order Lacertilia	Lizards
Family Agamidae
Calotes spp.	Variable-lizards
Hydrosaurus pustulatus	Philippine Water-lizard; Sail-fin Lizard
Family Anguidae
Pseudopus apodus	Sheltopusik; Glass-lizard
Family Chamaeleonidae	Chameleons
All species	Chameleons
Family Cordylidae
Cordylus giganteus	Sungazer
Gerrhosaurus validus	Giant Plated-lizard
Family Gekkonidae
Eublepharis macularius	Leopard Gekko; Fat-tailed Gekko
Gekko gecko	Tokay
Hemidactylus frenatus	Cheechak; House Gekko
Lepidodactylus lugubris	Mourning Gekko; Sad Gekko
Phelsuma madagascariensis	Madagascar Gekko
Rhacodactylus auriculatus	Eared Caledonian-gekko
Rhacodactylus leachianus	Cuvier’s Caledonian-gekko
Family Helodermatidae	Gila Monster and Beaded Lizard
All species
Family Iguanidae	Iguanas
All species
Family Lacertidae
All species
Family Scincidae
Tribolonotus gracilis	Crocodile Skink
Family Teiidae
Tupinambis teguixin	Black and White Tegu
Family Pygopodidae	Legless Lizards
Delma impar	Striped Legless Lizard
Family Varanidae	Monitors
Varanus giganteus	Perentie
Varanus komodoensis	Komodo Dragon
Varanus salvadorii	Salvadori’s Monitor; Papuan Monitor
Varanus varius	Lace Monitor
Sub-Order Serpentes	Snakes
Family Acrochordidae
Acrochordus javanicus	Javan File-snake
Family Boidae	Pythons and Boas
Subfamily Boinae
All species
Subfamily Pythoninae
Bothrochilus boeleni	Boelen’s Python
Liasis amethystina	Scrub Python
Morelia boa	Ringed Python
Python curtus	Blood Python; Short Python
Python molurus	Burmese Python
Python regius	Ball Python
Python reticulatus	Reticulated Python
Python sebae	African Rock Python
Family Colubridae
Boiga dendrophila	Mangrove Snake
Drymarchon corais	Cribos
Elaphe guttata	Corn Snake; Red Rat-snake
Elaphe obsoleta	Black Rat-snake
Elaphe quatorlineata	Four-lined Rat-snake
Elaphe schrenkii	Russian Rat-snake
Elaphe taeniurus	Black-tailed Rat-snake; Taiwan Rat-snake
Lampropeltis getulus	King Snake
Lampropeltis mexicana	Grey-banded Snake
Lampropeltis triangulum	Milk Snake
Pituophis melanoleucus	Bull Snake; Pine Snake
Family Crotalidae	Rattlesnakes
All species
Family Elapidae	Front-fanged Venomous Snakes
All species of the genera:
Acanthophis	Death Adders
Austrelaps	Copperhead Snakes
Cryptophis	Small-eyed Snakes
Haemachatus	Spitting Cobras
Hoplocephalus	Broad-headed Snakes
Naja	Cobras
Notechis	Tiger Snakes
Ophiophagus	King Cobras
Oxyuranus	Taipans and Fierce Snakes
Pseudechis	Black Snakes
Pseudonaja	Brown Snakes
Tropidechis	Rough-scaled Snakes
Vermicella	Bandy-Bandy
Family Hydrophiidae	Sea Snakes
All species
Family Laticaudidae	Sea Kraits
All species
Family Viperidae	Vipers
All species

Part 5Birds (Class Aves)

Order Struthioniformes	Ostriches
Family Struthionidae
Struthio camelus	Ostrich
Order Rheiformes	Rheas
All species
Order Casuariiformes	Cassowaries
Family Casuariidae	Cassowaries
All species
Order Apterygiformes	Kiwis
All species
Order Sphenisciformes	Penguins
All species
Order Procellariiformes	Albatrosses, Shearwaters and Petrels
All species
Order Ciconiiformes	Herons, Bitterns, Storks, Ibises, Spoonbills, Hammerheads and Flamingos
Family Threskiornithidae	Ibises and Spoonbills
Platalea regia	Royal Spoonbill
Family Ciconiidae	Storks
Xenorhynchus asiaticus	Black-necked Stork
Family Cathartidae	New World Vultures
All species
Family Phoenicopteridae	Flamingos
All species
Order Anseriformes	Swans, Ducks and Geese
Family Anatidae	Swans, Ducks and Geese
Stictonetta naevosa	Freckled Duck
Order Falconiformes	Vultures, Ospreys, Falcons, Kites, Eagles, Harriers, Hawks, Secretary Birds and Buzzards
All species
Order Galliformes	Pheasants, Quails, Grouse, Turkeys, Guineafowl, Megapodes (mound-nesters), Curassows and Guans
Family Megapodiidae	Megapodes or Mound-builders
Leipoa ocellata	Malleefowl
Order Gruiformes	Cranes, Trumpeters, Rails, Bustards, Button-quails, Seriemas, Mesites and Finfoots
Family Turnicidae	Button-quail
Turnix melanogaster	Black-breasted Button-quail
Family Gruidae	Cranes
All species
Family Rallidae	Rails, Crakes, Moorhens and Coots
Gallirallus sylvestris	Lord Howe Island Woodhen
Family Otididae	Bustards
Ardeotis australis	Australian Bustard
Order Charadriiformes	Plovers, Sandpipers, Stilts, Snipes, Oystercatchers, Curlews and Sheathbills
All species except Larus novaehollandiae	Silver Gull
Order Columbiformes	Pigeons and Doves
Family Columbidae	Pigeons and Doves
Ptilinopus regina	Rose-Crowned Fruit Dove
Order Psittaciformes	Cockatoos and Parrots
Family Cacatuidae	Cockatoos
Cacatua pastinator	Western Long-billed Corella
Callocephalon fimbriatum	Gang Gang Cockatoo
Calyptorhynchus spp.	Black Cockatoos
Probosciger aterrimus	Palm Cockatoo
Family Psittacidae	Parrots
Ara ararauna	Blue and Yellow Macaw
Ara chloroptera	Green-winged Macaw
Ara macao	Scarlet Macaw
Anodorhynchus hyacinthinus	Hyacinth Macaw
Cyanoramphus unicolor	Antipodes Island Green Kakariki
Cyclopsitta diophthalma	Double-eyed Fig-parrot
Eclectus roratus macgilivrayi	Eclectus Parrot (Australian subspecies)
Lathamus discolor	Swift Parrot
Neophema chrysogaster	Orange-bellied Parrot
Neophema petrophila	Rock Parrot
Nestor meridionalis meridionalis	South Island Kaka
Nestor meridionalis septentrionalis	North Island Kaka
Nestor notabilis	Kea
Psephotus chrysopterygius	Golden-shouldered Parrot
Strigops habroptilus	Kakapo
Order Cuculiformes	Cuckoos, Touracos and Hoatzins
All species
Order Strigiformes	Owls
All species
Order Caprimulgiformes	Nightjars, Frogmouths, Potoos and Oilbirds
All species except Podargus strigoides	Tawny Frogmouth
Order Coraciiformes	Kingfishers, Rollers, Hornbills and Allies
Family Alcedinidae	Kingfishers and Kookaburras
Todiramphus sanctus	Sacred Kingfisher
Order Passeriformes	Perching Birds
Family Pittidae	Pittas
All species
Family Menuridae	Lyrebirds
All species
Family Maluridae	Fairy-wrens
Malurus lamberti lamberti	Variegated Fairy-wren
Family Meliphagidae	Honeyeaters
Lichenostomus melanops cassidix	Helmeted Honeyeater
Manorina melanotis	Black-eared Miner
Xanthomyza phrygia	Regent Honeyeater
Family Passeridae	Finches and Mannikins
Emblema bella	Beautiful Firetail
Stagonopleura oculata	Red-eared Firetail
Family Paradisaeidae	Birds-of-Paradise
All species

Part 6Mammals (Class Mammalia)

Monotremes (Subclass Prototheria)—egg-laying mammals

Order Monotremata	Platypus and Echidnas
Family Tachyglossidae	Echidnas
Zaglossus bruijni	Long-beaked Echidna
Family Ornithorhynchidae	Platypus
Ornithorhynchus anatinus	Platypus

Marsupials (Subclass Marsupialia)—pouched mammals

Order Dasyuromorphia	Quolls, Tasmanian Devils, Phascogales, Antechinus, Dunnarts and Numbats
Family Dasyuridae	Carnivorous and Insectivorous Marsupials
Dasycercus cristicauda	Mulgara
Dasyurus spp.	Quolls
Parantechinus apicalis	Dibbler
Phascogale spp.	Phascogales
Sarcophilus harrisii	Tasmanian Devil
Family Myrmecobiidae	Numbat
Myrmecobius fasciatus	Numbat
Order Peramelemorphia	Bandicoots and Bilby
Family Peramelidae	Bandicoots
Echymipera rufescens	Long-nosed Echymipera
Isoodon auratus	Golden Bandicoot
Perameles bougainville	Western Barred Bandicoot
Perameles gunnii	Eastern Barred Bandicoot
Family Thylacomyidae	Bilby
Macrotis lagotis	Greater Bilby
Family Peroryctidae	Spiny Bandicoots
All species
Order Diprotodontia	Koalas, Wombats, Possums, Gliders, Kangaroos, Wallabies and Rat-kangaroos
Family Phascolarctidae	Koala
Phascolarctos cinereus	Koala
Family Vombatidae	Wombats
Lasiorhinus krefftii	Northern Hairy-nosed Wombat
Family Burramyidae	Pygmy-possums
Burramys parvus	Mountain Pygmy-possum
Family Petauridae	Gliders, Striped Possum and Leadbeater’s Possum
Dactylopsila spp.	Striped Possums
Gymnobelideus leadbeateri	Leadbeater’s Possum
Petaurus australis	Yellow-bellied Glider
Petaurus breviceps papuanus	Sugar Glider (New Guinean subspecies)
Petaurus gracilis	Mahogany Glider
Petaurus norfolcensis	Squirrel Glider
Family Pseudocheiridae	Ringtail Possums and Greater Glider
All species except Pseudocheirus peregrinus
Family Phalangeridae	Brushtail Possums, Cuscuses and Scaly-tailed Possums
Phalanger spp.	Cuscus
Spilocuscus spp.	Cuscus
Wyulda squamicaudata	Scaly-tailed possum
Family Hypsiprymnodontidae	Musky Rat-kangaroo
Hypsiprymnodon moschatus	Musky Rat-kangaroo
Family Potoroidae	Bettongs and Potoroos
Bettongia lesueur	Burrowing Bettong
Bettongia tropica	Northern Bettong
Potorous gilberti	Gilbert’s Potoroo
Potorous longipes	Long-footed Potoroo
Family Macropodidae	Kangaroos and Wallabies
Dendrolagus spp.	Tree Kangaroos
Dorcopsis spp.	Forest Wallabies
Lagorchestes hirsutus	Mala
Lagostrophus fasciatus	Banded Hare-wallaby
Macropus irma	Western Brush Wallaby
Onychogalea fraenata	Bridled Nailtail Wallaby
Petrogale spp.	Rock-wallabies
Order Notoryctemorphia	Marsupial Moles
All species

Eutherian mammals (Subclass Eutheria)—placental mammals

Order Soricomorphia	Shrews, Hedgehogs
All species
Order Scandentia	Tree-Shrews
All species
Order Pilosa	Sloths and Anteaters
All species
Order Cingulata	Armadillos
All species
Order Chiroptera	Flying-foxes and Insectivorous Bats
All species
Order Primates	Lorises, Bush-babies, Lemurs, Tarsiers, Marmosets, Tamarins, Monkeys and Apes
All species
Order Carnivora	Dogs, Bears, Raccoons, Weasels, Mongooses, Hyenas, Cats, Seals, Sea-lions and Walruses
All species except the following:
Canis familiaris	Domestic Dog
Felis catus	Domestic Cat
Mustela putorius	Domestic Ferret
Order Tubulidentata	Aardvark
Ocryctopus after	Aardvark
Order Sirenia	Dungogs and Manatees
All species
Order Proboscidea	Elephants
All species
Order Perissodactyla	Asses, Horses, Zebras, Tapirs and Rhinoceroses
All species except the following:
Equus asinus	Domestic Donkey
Equus caballus	Domestic Horse
Order Artiodactyla	Camels, Llamas, Pigs, Hippopotamuses, Deer, Giraffes, Cattle, Sheep, Antelopes and Peccaries
All species except the following:
Bos taurus	Domestic Cattle
Bos indicus	Domestic Cattle
Capra hircus	Domestic Goat
Lama glama	Llama
Lama pacos	Alpaca
Ovis aries	Domestic Sheep
Sus scrofa	Domestic Pig, Wild Boar
Order Rodentia	Squirrels, Beavers, Gophers, Mice, Rats, Porcupines and South American Cavy-like Rodents
All species except the following:
Notomys alexis and Pseudomys australis
Cavia porcellus	Guinea Pig
Mus musculus	House Mouse
Notomys alexis	Spinifex Hopping-mouse
Pseudomys australis	Plains Mouse
Rattus norvegicus	Norwegian Rat
Rattus rattus	Black Rat
Order Cetacea	Whales and Dolphins
All species

Part 7Hybrids

A hybrid of which one parent is, or both parents are, of a species listed in Parts 1 to 6.

Schedule 3Exemptions—animals used for riding or racing

(Clause 5 (1) (i))

Bos taurus and Bos indicus	Domestic Cattle
Camelus dromedarius	Arabian Camel
Canis lupus familiaris	Domestic Dog
Capra hircus	Domestic Goat
Equus caballus	Domestic Horse
Equus asinus	Domestic Donkey
Equus caballus x asinus	Domestic Mule

Schedule 4Penalty notices

(Clause 44)

Column 1	Column 2
Provision	Penalty
Exhibited Animals Protection Act 1986
Section 12	$500
Section 18 (1)	$500
Section 19	$500
Section 22 (2)	$500
Section 24	$500
Section 31 (1)	$200
Section 31 (2) (a), (b) or (d)	$500
Section 44	$500
Section 45	$500
Exhibited Animals Protection Regulation 2010
Clause 19	$200
Clause 20	$200
Clause 21	$200
Clause 22	$200
Clause 23 (1)	$200
Clause 24 (2)	$200
Clause 25	$200
Clause 26	$200
Clause 27	$200
Clause 28	$200
Clause 29	$200
Clause 31 (1) (c)	$200
Clause 32	$200
Clause 34	$200
Clause 35 (2), (4), (5) or (7)–(9)	$200
Clause 36	$200
Clause 37	$200
Clause 39 (3)	$200