Exhibited Animals Protection Regulation 2021 (NSW)
This Regulation is the Exhibited Animals Protection Regulation 2021.
This Regulation commences on 1 September 2021 and is required to be published on the NSW legislation website.
This Regulation replaces the Exhibited Animals Protection Regulation 2010, which is repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
In this Regulation—
(a) a mobile establishment,
(b) an off-display establishment.
(a) animals that are the subject of an approval under the Act, section 22,
(b) animals that are the subject of a permit.
(a) the subject of an approval under the Act, section 22, or
(b) the subject of a permit, or
(c) ordinarily exhibited at a fixed establishment.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
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.
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.
An animal display establishment is exempt from the requirement to be licensed in relation to an animal if the animal is in an enclosed area and the Secretary is satisfied—
(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.
Certain wildlife sanctuaries require and maintain very limited human interaction with the animals kept in the sanctuaries. In these cases the Secretary may be satisfied it is unreasonable to require the operator of the sanctuary to comply with the strict requirements of a licence under the Act.
An off-display establishment is exempt from the requirement to be licensed if—
(a) the animals being kept for display at the off-display establishment are animals authorised to be exhibited by a circus, and
(b) the 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 the animals are ordinarily kept for display when the circus is not exhibiting the animals.
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) the animal is a free-living animal in its natural habitat,
(b) the animal is a lawful captive and is part of a competitive display of household pets,
(c) the animal is part of a competitive display of domestic farm animals,
(d) the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,
(e) the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,
(f) the animal is a lawful captive that is not displayed, or kept for display, to the public,
(g) 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,
(h) the animal, being an animal of a species listed in Schedule 3 and not being an animal kept under an approval or permit or at a licensed animal display establishment, is an animal used only for riding or racing,
(i) the animal is kept in a pet shop for display and not for sale,
(j) the animal, being an animal of a species listed in Schedule 1 and not being an animal kept under 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,
(k) the animal, being an animal of a species listed in Schedule 1, and not being an animal kept under an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purpose of promoting an agricultural product derived from the species, and—
(i) the animal is 1 of no more than 10 animals displayed, or kept for display, for the purpose at any 1 time, and
(ii) the display lasts for no more than 2 days at a time and is conducted at least 5 days after the most recent display of the animal, and
(iii) the animal is displayed near a display of the relevant agricultural product or shortly before or after a display of the product, and
(iv) the person who normally cares for the animal attends the animal for the duration of the display,
(l) the animal is a fish that is kept at a fish hatchery or fish farm, otherwise than in a habitat display, for the purpose of—
(i) commercial food production, or
(ii) re-stocking of lakes, dams or waterways,
(m) 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 the type of animal to which the animal belongs,
(n) the animal is being displayed, or kept for display, by a school student at a school for a single “show-and-tell” activity.
If the display of an animal that constitutes exhibition for the purposes of the Act and the display of an animal that does not, because of subsection (1), constitute exhibition for the purposes of the Act take place at the same time on the same premises, an authority issued in relation to the premises applies to all animals at the premises.
If a pony ride, which is not exhibition for the purposes of the Act because of section 5(1)(h), takes place at an exhibition or display farm to which an approval relates, the approval, and the terms, conditions or standards that have effect under the approval, also apply to the pony ride.
An educational, cultural, scientific or recreational purpose is a prescribed purpose.
For the purposes of the Act, section 13, the following are prescribed as classes of animal display establishments—
(a) fixed establishments,
(b) mobile establishments,
(c) off-display establishments.
For the purposes of the Act, sections 12, 15 and 18, the following classes of animal display establishments are prescribed—
(a) fixed establishments,
(b) off-display establishments.
For the purposes of the Act, sections 14 and 25, the following, published by the Department or its predecessors, are prescribed as standards—
(a) General Standards for Exhibiting Animals in New South Wales, published in February 2019,
(b) Policy on Exhibiting Primates in New South Wales, published in March 2000,
(c) Standards for Exhibiting Animals at Mobile Establishments in New South Wales, published in February 2019,
(d) Standards for Exhibiting Animals during Temporary Removals in New South Wales, published in February 2019,
(e) Standards for Exhibiting Australian Mammals in New South Wales, published in April 2006,
(f) Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales, published in April 1994,
(g) Standards for Exhibiting Captive Raptors in New South Wales, published in May 2010,
(h) Standards for Exhibiting Carnivores in New South Wales, published in August 2016,
(i) Standards for Exhibiting Circus Animals in New South Wales, published in February 2019,
(j) Standards for Exhibiting Seals in New South Wales, published in October 2008.
For the purposes of the Act, section 28(1), it is a condition of an authority that the exhibition of animals to which the authority relates must comply with the standards mentioned in subsection (1) that are applicable to the authority.
The Secretary, at the request of a person who is the applicant for or holder of an authority, may—
(a) if the authority relates to an animal display establishment that was in existence before 9 June 1989—vary a standard otherwise applicable under this section to the establishment, or
(b) if the authority relates to the exhibition of an animal that was exhibited by the person before 9 June 1989—vary a standard otherwise applicable under this section to the exhibition of the animal by the person.
If a standard is varied, the standard applicable to the establishment or exhibition of the animal concerned is the standard as varied.
The species of animals prescribed are set out in Schedule 2.
An application for the issue, renewal or variation of an authority 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 the relevant supporting documents referred to in the approved form and by the relevant fee or fees, and
(c) for an application for renewal—must be lodged with the Secretary during the month of May that last precedes expiration of the authority.
An application for a renewal of an authority that complies with subsection (1) operates to renew the authority until—
(a) the Secretary notifies the holder of the authority that renewal of the authority has been refused, or
(b) the application is deemed to be refused under the Act, section 27(4).
An application for renewal of an authority is not required, and subsection (2) has effect as if an application for renewal complying with subsection (1) had been made, 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.
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.
An application is not required for a licence to be issued under the Act, section 18(4).
The fee for the lodgment of an application of a class specified in the Table to this section is the lodgment fee specified opposite the class of application.
The fee for the issue of an authority following an application of a class specified in the Table to this section is the issue fee specified opposite the class of application.
Despite subsection (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 lodgment fee, and
(b) the applicable issue fee adjusted on a pro-rata basis.
In this section—
Table
Application for | Lodgment fee | Issue fee |
Approval under the Act, section 18 | $230 | nil |
Licence under the Act, section 18 | nil | $285 for minor establishments, otherwise $1,035 |
Renewal of licence under the Act, section 18 | $115 | $285 for minor establishments, otherwise $1,035 |
Licence under the Act, section 18 and approval under the Act, section 22, 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 the issue fee applying to the issue of the approval, if applied for individually |
Renewal of licence under the Act, section 18 and renewal of approval under the Act, section 22, 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 the issue fee applying to renewal of the approval, if applied for individually |
Approval under the Act, section 19 | $46 | nil |
Approval under the Act, section 22 | $230 | $285 for minor exhibitors, otherwise $1,035 |
Renewal of approval under the Act, section 22 | $115 | $285 for minor exhibitors, otherwise $1,035 |
Permit under the Act, section 24 | $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 the Act, section 24 | 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 the Act, section 27 | $230 | $285 for minor establishments, otherwise $1,035 |
Variation of authority under the Act, section 27 | $23 | nil |
An authority remains in force, unless it is earlier cancelled or in a period of suspension, until—
(a) for an authority other than a renewed authority—1 July following the date on which the authority commences, or
(b) for a renewed authority—1 July following the date on which the renewed authority commences.
It is a condition of an authority that the authority holder is to provide education to the public concerning the conservation of animals to a standard approved by the Secretary.
An authority may include a condition requiring the holder to participate in the Australasian Species Management Program of the Zoo and Aquarium Association.
To avoid doubt, an approval under section 22 of the Act may include a condition requiring the holder to comply with requirements in relation to vehicles, or temporary or movable structures and facilities, used at a mobile exhibition for the display, or the keeping for display, of the animals to which the approval relates.
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 relevant species, or
(c) would not be in accordance with the Australasian Species Management Program of the Zoo and Aquarium Association, or
(d) in the opinion of the Secretary, would not, for another reason, be in the best interests of the relevant species or an individual animal.
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 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.
It is a condition of an approval under the Act, Part 3, Division 2 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, published in February 2019.
Terms or conditions of an authority may be imposed by the Secretary under the Act, section 28(1)(c) after the issue of the authority—
(a) at the request of the holder of the authority, or
(b) other than at the request of the holder of the authority, if subsection (3) is complied with before imposition of the term or condition.
A term or condition of an authority that is specified under the Act, section 28(1)(b) in the authority when it is issued, or that is imposed by the Secretary under the Act, section 28(1)(c) after it is issued, may be varied by the Secretary if the decision to make the variation is made after subsection (3) is complied with.
This subsection is complied with if—
(a) the Secretary gives the holder of the authority written notice the Secretary is considering the imposition or variation of terms or conditions specified in the notice, and
(b) the notice states the holder of the authority may, within a specified time, make written representations to the Secretary or arrange with the Secretary to make oral representations, and
(c) before making any decision in relation to a term, condition or variation under consideration, the Secretary takes into account the relevant representations.
Despite another provision of this section, the Secretary may, at any time, revoke a term or condition of an authority that is—
(a) specified under the Act, section 28(1)(b) in the authority when it is issued, or
(b) imposed by the Secretary under the Act, section 28(1)(c) after it is issued.
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) otherwise—on the authorised premises.
Maximum penalty—10 penalty units.
The holder of an authority must ensure veterinary drugs, vaccines and similar products kept on the authorised premises are kept in a way that allows access to them only by a veterinary practitioner or a person authorised by a veterinary practitioner.
Maximum penalty—10 penalty units.
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.
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.
The holder of an authority must notify the Secretary of a widespread outbreak of a debilitating or fatal disease among the animals on the authorised premises no later than 24 hours after discovery of the outbreak.
Maximum penalty—10 penalty units.
The holder of an authority must not cause or permit a person to dispose of unwanted or contaminated veterinary equipment from authorised premises in a way that results in the equipment becoming a danger to a person.
Maximum penalty—10 penalty units.
A person disposing of unwanted or contaminated veterinary equipment from authorised premises must dispose of the equipment in a way that does not result in the equipment becoming a danger to a person.
Maximum penalty—10 penalty units.
A person must not chain or tether an exhibited animal, or cause or permit an exhibited animal to be chained or tethered, to an anchorage except for the purposes of veterinary treatment or grooming.
Maximum penalty—10 penalty units.
Subsection (1) does not apply—
(a) to elephants or domesticated hoof-stock, if the Standards for Exhibiting Circus Animals in New South Wales, published in February 2019, 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, published in May 2010, are observed.
If the Secretary or an inspector considers 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.
An exhibitor of an animal who is given a direction under subsection (1) must comply with the direction.
Maximum penalty—10 penalty units.
The exhibitor of an animal in contact with the public must supervise and control the animal in a way that prevents injury to the public or to the animal.
Maximum penalty—10 penalty units.
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.
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 staff of the animal display establishment that includes the area to be immediately available to kill or sedate an animal to save human life or prevent injury.
Maximum penalty—10 penalty units.
In this section—
(a) an animal, including a lion, tiger or bear, of a species 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.
An exhibitor of a permit animal must, if the animal escapes from authorised premises, notify the Secretary—
(a) of the escape within 2 hours, and
(b) immediately on recapture of the animal.
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.
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—
(a) of the escape within 48 hours, and
(b) immediately on recapture of the animal.
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.
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.
The holder of an authority must immediately report to the Secretary an incident caused by an animal to which the authority relates involving—
(a) the death of a person, or
(b) injury to a person that requires medical treatment.
Maximum penalty—10 penalty units.
An exhibitor of animals must take the necessary steps to alleviate undue distress or disturbance of the animals resulting from the noise of construction or maintenance work carried on by or on behalf of the exhibitor.
Maximum penalty—10 penalty units.
The holder of an authority must not—
(a) acquire an animal for exhibition if the holder knows, or ought reasonably to know, the transaction is with a person who, by acquiring, possessing or selling the animal, committed an offence under the Act or 1 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 another 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.
In this section,
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.
The holder of an authority must not remove an animal from the authorised premises unless—
(a) an application in the approved form for the consent of the Secretary to the removal of the animal was made—
(i) at least 7 days before the proposed removal, or
(ii) by agreement with the Secretary, at a later time, and
(b) the Secretary has given written consent to the removal of the animal.
Maximum penalty—10 penalty units.
Subsections (1) and (2) do not apply in relation to an animal if—
(a) the animal is being taken to, or returned from, the premises of a veterinary practitioner, or
(b) the animal is being kept on the premises of a veterinary practitioner for treatment or observation, or
(c) for an animal ordinarily kept for display in an off-display establishment—the animal is being taken to, or returned from, premises outside the off-display establishment for display at the premises in compliance with an approval under the Act, section 22 or a permit, or
(d) the animal is being transported to give effect to its lawful disposition or acquisition.
In this section,
The Secretary may exempt a holder of an authority, or a class of holder of an authority, from the requirements of section 32(1)(c) or 33(2).
The exemption may be given either unconditionally or subject to conditions.
Where an exemption is given subject to conditions, the exemption does not have effect while a condition is not being complied with.
The holder of an authority must comply with the conditions to which the authority or an exemption given to the holder under section 34 is subject.
Maximum penalty—10 penalty units.
In this section—
(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).
The holder of an authority must, at all times during a relevant period while the authority is in force, keep animal records in a form approved by the Secretary on the authorised premises or at another place approved by the Secretary.
Maximum penalty—10 penalty units.
For the purposes of subsection (2), if an authority relates to more than 1 premises the animal records need only be kept at the premises at which the animal concerned is most often kept.
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.
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 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—in ink, or
(ii) if the records are stored in electronic form—in a way approved by the Secretary, or
(c) delete an erroneous entry in the animal records, or allow an erroneous entry to be deleted—
(i) if the records are in a written or printed form—by drawing a single line through the entry, or
(ii) if the records are stored in electronic form—in a way approved by the Secretary.
Maximum penalty—10 penalty units.
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.
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.
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.
If an authority is surrendered, suspended or cancelled, the holder, or former holder, of the authority must lodge with the Secretary, within 14 days after the surrender or being notified of the suspension or cancellation, 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.
An exhibitor of animals must maintain, in a way approved by the Secretary, an up-to-date record of—
(a) illness, disease, injury or other poor health of the animals, and
(b) the day-to-day progress or regress of the animals, and
(c) the treatment, medicinal and otherwise, administered to the animals.
An exhibitor of animals must maintain, in a way approved by the Secretary, an up-to-date record of routine checks made on the health of the animals.
An exhibitor of animals must maintain, in a way approved by the Secretary, an up-to-date record of veterinary inspections of the animals and veterinary care given to the animals.
An exhibitor of animals must keep, for at least 2 years after it is made, a record made under this section.
Maximum penalty—10 penalty units.
An exhibitor of animals must make, and keep 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.
An exhibitor of animals must, if directed by the Secretary, have the species of the animals identified by a person nominated by the Secretary.
Maximum penalty—10 penalty units.
The Secretary may, at the request of the holder of an authority or an exhibitor, exempt the holder or exhibitor from an obligation to keep records otherwise applicable to the holder or exhibitor under section 36, 37 or 38.
An exhibitor of animals must employ the number of adequately trained and competent staff necessary to maintain daily the level of animal husbandry required by this Regulation.
An exhibitor of animals must employ the number of qualified or experienced animal attendants necessary to maintain the level of care of the animals required by this Regulation.
An exhibitor of animals must make the necessary arrangements to ensure there will at all times be a person authorised to call for veterinary advice in relation to the animals.
Maximum penalty—10 penalty units.
The following are prescribed animal welfare organisations—
(a) Animal Welfare League NSW,
(b) Humane Society International,
(c) Royal Society for the Prevention of Cruelty to Animals,
(d) World Wide Fund for Nature Australia.
The following are prescribed organisations representing exhibitors of animals—
(a) Circus Federation of Australia,
(b) Mobile Wildlife Educators Association,
(c) New South Wales Fauna and Marine Parks Association,
(d) Zoo and Aquarium Association.
For the purposes of the Act, section 37(1)—
(a) the prescribed amount is $60,000, and
(b) an arrangement for a financial institution to guarantee the payment of an amount not exceeding $60,000 to the Secretary is a prescribed arrangement.
The Secretary must invest money—
(a) that is deposited with the Secretary under the Act, section 37 by a licensee and has not, for the time being, been spent in accordance with the section, or
(b) that is paid to the Secretary under an arrangement referred to in subsection (1)(b) and has not, for the time being, been spent in accordance with the Act, section 37.
The Secretary must—
(a) invest the money—
(i) in a way authorised by the Trustee Act 1925 for the investment of trust funds, and
(ii) so that not more than 1 month’s notice is required for its repayment, and
(b) arrange for the income to be paid directly to, or as authorised by, the licensee.
In subsection (1)—
(a) an authorised deposit-taking institution, or
(b) a financial institution approved by the Secretary.
A period of 6 months after seizure of an animal under the Act, section 40 is the prescribed period after which the animal must be returned unless earlier dealt with under the Act.
The prescribed fee for a certificate containing a copy of the registered particulars relating to an animal display establishment is $58.
For the purposes of the Act, section 46A—
(a) an offence under a provision of the Act or this Regulation specified in Schedule 4, Column 1 is prescribed as a penalty notice offence, and
(b) the amount specified in Schedule 4, Column 2 in relation to an offence is the prescribed amount of penalty for the offence.
Any act, matter or thing that, immediately before the repeal of the Exhibited Animals Protection Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
(Repealed)
sections 3 and 5(1)(j) and (k)
Birds (Class Aves)
Chukar Partridge | |
Domestic Duck | |
Domestic Goose | |
Domestic Pigeon | |
Japanese Quail | |
Emu | |
Domestic Chicken | |
Domestic Turkey | |
Helmeted Guineafowl | |
Ring-necked Pheasant | |
Ostrich |
Mammals (Class Mammalia)
Domestic Cattle | |
Domestic Dog, but limited to Working Breeds (Farm (Working) Dog) | |
Domestic Goat | |
Fallow Deer | |
Red Deer (Wapiti) | |
Rusa Deer | |
Sambar Deer | |
Domestic Donkey | |
Domestic Horse | |
Llama | |
Alpaca | |
Domestic Rabbit | |
Domestic Sheep | |
Domestic Pig |
sections 3 and 9
All species | |
Grey Nurse Sharks | |
All species | |
All species | |
All species |
All species | |
All species | |
All species | |
Australian Lungfish |
Cane Toad | |
All species | |
Green and Gold Bell Frog | |
Horned-frogs | |
Corroboree Frog | |
Clawed Toad | |
African Bullfrog | |
Romer’s Tree-frog | |
Newts, Salamanders and Allies | |
All species except |
All species | |
All species | |
All species | |
Western Swamp Tortoise | |
Matamata | |
Twist-necked Turtle | |
All species | |
All species | |
All species | |
All species | |
All species | |
All species | |
Variable-lizards | |
Philippine Water-lizard; Sail-fin Lizard | |
Sheltopusik; Glass-lizard | |
All species | Chameleons |
Sungazer |
Giant Plated-lizard | |
Leopard Gekko; Fat-tailed Gekko | |
Tokay | |
Cheechak; House Gekko | |
Mourning Gekko; Sad Gekko | |
Madagascar Gekko | |
Eared Caledonian-gekko | |
Cuvier’s Caledonian-gekko | |
All species | |
All species | |
All species | |
Crocodile Skink | |
Black and White Tegu | |
Striped Legless Lizard | |
Perentie | |
Komodo Dragon | |
Salvadori’s Monitor; Papuan Monitor | |
Lace Monitor | |
Javan File-snake | |
All species | |
Boelen’s Python | |
Scrub Python | |
Ringed Python | |
Blood Python; Short Python | |
Burmese Python | |
Ball Python | |
Reticulated Python | |
African Rock Python | |
Mangrove Snake | |
Cribos | |
Corn Snake; Red Rat-snake | |
Black Rat-snake | |
Four-lined Rat-snake | |
Russian Rat-snake | |
Black-tailed Rat-snake; Taiwan Rat-snake | |
King Snake | |
Grey-banded Snake | |
Milk Snake | |
Bull Snake; Pine Snake | |
All species | |
All species of the genera— | |
Death Adders | |
Copperhead Snakes | |
Small-eyed Snakes | |
Spitting Cobras | |
Broad-headed Snakes | |
Cobras | |
Tiger Snakes | |
King Cobras | |
Taipans and Fierce Snakes | |
Black Snakes | |
Brown Snakes | |
Rough-scaled Snakes | |
Bandy-Bandy | |
All species | |
All species | |
All species |
Ostrich | |
All species | |
All species | |
All species | |
All species | |
All species | |
Royal Spoonbill | |
Black-necked Stork | |
All species | |
All species | |
Freckled Duck | |
All species | |
Malleefowl | |
Black-breasted Button-quail | |
All species | |
Lord Howe Island Woodhen | |
Australian Bustard | |
All species except | Silver Gull |
Rose-Crowned Fruit Dove | |
Western Long-billed Corella | |
Gang Gang Cockatoo | |
Black Cockatoos | |
Palm Cockatoo | |
Blue and Yellow Macaw | |
Green-winged Macaw | |
Scarlet Macaw | |
Hyacinth Macaw | |
Antipodes Island Green Kakariki | |
Double-eyed Fig-parrot | |
Eclectus Parrot (Australian subspecies) | |
Swift Parrot | |
Orange-bellied Parrot | |
Rock Parrot | |
South Island Kaka | |
North Island Kaka | |
Kea | |
Golden-shouldered Parrot | |
Kakapo | |
All species | |
All species | |
All species except | Tawny Frogmouth |
Sacred Kingfisher | |
All species | |
All species | |
Variegated Fairy-wren | |
Helmeted Honeyeater | |
Black-eared Miner | |
Regent Honeyeater | |
Beautiful Firetail | |
Red-eared Firetail | |
All species |
Monotremes (Subclass Prototheria)—egg-laying mammals
Long-beaked Echidna | |
Platypus |
Marsupials (Subclass Marsupialia)—pouched mammals
Mulgara | |
Quolls | |
Dibbler | |
Phascogales | |
Tasmanian Devil | |
Numbat | |
Long-nosed Echymipera | |
Golden Bandicoot | |
Western Barred Bandicoot | |
Eastern Barred Bandicoot | |
Greater Bilby | |
All species | |
Koala | |
Northern Hairy-nosed Wombat | |
Mountain Pygmy-possum | |
Striped Possums | |
Leadbeater’s Possum | |
Yellow-bellied Glider | |
Sugar Glider (New Guinean subspecies) | |
Mahogany Glider | |
Squirrel Glider | |
All species except | |
Cuscus | |
Cuscus | |
Scaly-tailed possum | |
Musky Rat-kangaroo | |
Burrowing Bettong | |
Northern Bettong | |
Gilbert’s Potoroo | |
Long-footed Potoroo | |
Tree Kangaroos | |
Forest Wallabies | |
Mala | |
Banded Hare-wallaby | |
Western Brush Wallaby | |
Bridled Nailtail Wallaby | |
Rock-wallabies | |
All species |
Eutherian mammals (Subclass Eutheria)—placental mammals
All species | |
All species | |
All species | |
All species | |
All species | |
All species | |
All species except the following— | |
Domestic Dog | |
Domestic Cat | |
Domestic Ferret | |
Aardvark | |
All species | |
All species | |
All species except the following— | |
Domestic Donkey | |
Domestic Horse | |
All species except the following— | |
Domestic Cattle | |
Domestic Cattle | |
Domestic Goat | |
Llama | |
Alpaca | |
Domestic Sheep | |
Domestic Pig, Wild Boar | |
All species except the following— | |
Guinea Pig | |
House Mouse | |
Spinifex Hopping-mouse | |
Plains Mouse | |
Norwegian Rat | |
Black Rat | |
All species |
A hybrid of which 1 parent is, or both parents are, of a species listed in Parts 1 to 6.
section 5(1)(h)
Domestic Cattle | |
Arabian Camel | |
Domestic Dog | |
Domestic Goat | |
Domestic Horse | |
Domestic Donkey | |
Domestic Mule |
section 45
Column 1 | Column 2 |
Provision | Penalty |
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 |
Section 20 | $200 |
Section 21(1)–(3) | $200 |
Section 22 | $200 |
Section 23(1) or (2) | $200 |
Section 24(1) | $200 |
Section 25(2) | $200 |
Section 26 | $200 |
Section 27(1) or (2) | $200 |
Section 28 | $200 |
Section 29 | $200 |
Section 30 | $200 |
Section 32(1)(c) | $200 |
Section 33(1) or (2) | $200 |
Section 35 | $200 |
Section 36(2), (4), (5) or (7)–(9) | $200 |
Section 37 | $200 |
Section 38 | $200 |
Section 40(3) | $200 |
Exhibited Animals Protection Regulation 2021 (481). LW 27.8.2021. Date of commencement, 1.9.2021, sec 2. This Regulation has been amended as follows—
(463) | Animal Welfare Amendment Regulation 2023. LW 25.8.2023. Date of commencement, on publication on LW, sec 2. |
Sec 47 | Rep 2023 (463), sec 4. |
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