Prevention of Cruelty to Animals Regulations 2000 (SA)

SOUTH AUSTRALIA

PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2000

SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.           Citation

2.           Commencement

3.           Revocation

4.           Interpretation

5.           Fees

PART 2

CRUELTY TO ANIMALS

6.           Ill treatment of animals

7.           Use of electroimmobilisers for controlling animals

8.           Use of certain other electrical devices for controlling animals

9.           Prohibited medical or surgical procedures

PART 3

REGULATION OF ACTIVITIES

10.           Codes of practice

11.           Use of steel jaw traps prohibited in certain circumstances

12.           Use of gel to catch or deter birds prohibited

13.           Size of cages for domestic fowls

PART 4

TEACHING AND RESEARCH INVOLVING ANIMALS

14.           Certain research prohibited except for limited purposes

15.           Application for licence under Part 4 of the Act

16.           Annual reports of animal ethics committee

PART 5

MISCELLANEOUS

17.           Permits to hold rodeos

18.           Act does not render unlawful practices that are in accordance with prescribed codes of practice

SCHEDULE 1

Fees

SCHEDULE 2 Codes of Practice

REGULATIONS UNDER THE PREVENTION OF CRUELTY TO ANIMALS

ACT 1985

Prevention of Cruelty to Animals Regulations 2000

being

No. 1 of 2000: Gaz. 13 January 2000, p. 491

1 Came into operation 13 January 2000: reg. 2.

PART 1

PRELIMINARY

Citation 1. These regulations may be cited as the Prevention of Cruelty to Animals Regulations 2000.

Commencement

2. These regulations come into operation on the day on which they are made.

Revocation

3. All regulations previously made under the Prevention of Cruelty to Animals Act 1985 are

revoked.

Interpretation

4. In these regulations—

"Act" means the Prevention of Cruelty to Animals Act 1985;

"animal ethics committee" means an animal ethics committee established under section 23

of the Act.

Fees

5. The fees fixed by Schedule 1 are payable for the purposes set out in that Schedule.

PART 2

CRUELTY TO ANIMALS

Ill treatment of animals

6. For the purposes of section 13 of the Act, a person ill treats an animal if the person—

(a)	traps an animal in a steel jaw trap that has been set in contravention of regulation 11; or
(b)	catches a bird by using a gel that has been applied in contravention of regulation 12.

Use of electroimmobilisers for controlling animals

7. (1) For the purposes of section 14 of the Act, a person must not apply an electroimmobiliser to an animal unless—

(a)

the animal is a class 1, class 2, class 3 or class 4 animal; and

(b)

the electroimmobiliser is a device of a kind approved by the Minister as an authorised electroimmobiliser under this regulation; and

(c)

the electroimmobiliser is used only for the purpose of restraining the animal for as short a time as is practicable while a routine husbandry procedure is carried out on the animal; and

(d)

—

(i)	the person using the electroimmobiliser is the holder of a certificate issued under this regulation for the relevant class of animal or is acting under the direct supervision of a person who holds such a certificate; or
(ii)	the electroimmobiliser was acquired before 11 July 1996 by the person using it or by the person under whose direct supervision it is being used.

(2) Subregulation (1) does not apply to a person who is using an electroimmobiliser for the purposes of carrying out research into the use of electroimmobilisers as part of a research program approved by an animal ethics committee, if that person is the holder of a certificate issued under this regulation (for any class of animal) or is acting under the direct supervision of a person who holds such a certificate.

(3) If a person sells, leases, hires out, gives or lends an electroimmobiliser to another person without that other person first producing an apparently genuine certificate issued in his or her name under this regulation, each party to the transaction is guilty of an offence.

Maximum penalty: $1 250.

(4) For the purposes of this regulation—

(a)	theMinistermay,ontherecommendationoftheAnimalWelfareAdvisory Committee, approve a device of a specified kind as an authorised electroimmobiliser;
(b)	a person approved by the Minister to conduct an approved course of training in the proper use of an electroimmobiliser may issue a certificate (in a form approved by the Minister) to a person certifying that the person has satisfactorily completed such a course in respect of a specified class of animals (being class 1, 2, 3 or 4 animals).

(5) An approval under subregulation (4)—

(a)	may be subject to conditions; and
(b)	may be varied or revoked by the Minister at any time (but in the case of an approval of a device only on the recommendation of the Animal Welfare Advisory Committee).

(6) In this regulation—

"class 1 animal" means an animal of the genus Bos (cattle, buffalo and bison);

"class 2 animal" means an animal of the genus Lama (alpacas and llamas), Cervus, Dama

or Axis (deer) or Camelus (camels);

"class 3 animal" means an animal of the genus Capra (goats) or Ovis (sheep);

"class 4 animal" means a bird of the genus Struthio (ostriches) or Dromaius (emus);

"electroimmobiliser" means an electrical device designed to temporarily immobilise an

animal.

Use of certain other electrical devices for controlling animals

8. For the purposes of section 14 of the Act, a person must not—

(a)	place on an animal a collar designed to impart an electric shock; or
(b)	apply an electrical prod or goad to an animal other than an animal of the genus Sus, Bos or Bubalus; or
(c)	apply an electrical prod or goad to the face, udders or genitals of an animal of the genus Sus, Bos or Bubalus.

Prohibited medical or surgical procedures

9. (1) For the purposes of section 15 of the Act, a person must not—

(a)	surgically reduce the ability of an animal to produce a vocal sound; or
(b)	dock the tail of a dog over the age of 10 days unless the dog has been properly anaesthetised; or
(c)	crop an animal’s ear; or
(d)	dock or nick a horse’s tail or dock the tail of an animal of the genus Bos or Bubalus unless a veterinary surgeon has certified in writing that the procedure is necessary for the control of disease.

(2) However, a veterinary surgeon may—

(a)

surgically reduce the ability of an animal to produce a vocal sound if satisfied that—

(i)	the procedure is required for therapeutic purposes; or
(ii)	there is no other reasonably practicable means of preventing the animal from causing a nuisance by creating noise; or

(b)

crop an animal’s ear if satisfied the procedure is required for therapeutic purposes.

PART 3

REGULATION OF ACTIVITIES

Codes of practice

10. A person described in an entry in Schedule 2 must, in carrying out an activity described in that entry, ensure compliance with the code of practice specified in the entry.

Maximum penalty: $1 250.

Use of steel jaw traps prohibited in certain circumstances

11. (1) A person must not set a small steel jaw trap (eg a trap known as a rabbit trap or a gin trap) for an animal.

Maximum penalty: $1 250.

(2) A person must not set a steel jaw trap of any other kind for an animal—

(a)	within the area of a municipal council; or
(b)	on land that is more than 100 metres outside the portion of the State bounded by the dog fence established under the Dog Fence Act 1946, the eastern border of the State and the coast of the State; or
(c)	without binding the jaws of the trap with a cloth steeped in sufficient strychnine to ensure a rapid death for any animal likely to be caught in the trap.

Maximum penalty: $1 250.

(3) This regulation does not apply to a person who sets a steel jaw trap for the purposes of carrying out research as part of a research program approved by an animal ethics committee if the jaws of the trap are sufficiently padded, or the trap has been otherwise modified, so that any animal caught in the trap is unlikely to suffer significant injury.

Use of gel to catch or deter birds prohibited

12. A person must not apply a silicon gel to any tree, plant, building or other structure or thing for the purpose of catching birds or deterring birds from perching on it.

Maximum penalty: $1 250.

Size of cages for domestic fowls

13. (1) A person who keeps domestic fowls (Gallus) aged 21 weeks or older must not confine the fowls in a cage unless—

(a)

in the case of a cage in which only 1 fowl is confined—the floor area of the cage is at least 0.1 square metres;

(b)

in the case of a cage in which 2 fowls are confined—the floor area of the cage is at least 0.13 square metres;

(c)

in the case of a cage in which more than 2 fowls are confined—

(i)	if the average weight of the fowls confined in the cage is 2.4 kilograms or less—the floor area of the cage is at least 0.045 square metres per fowl;
(ii)	if the average weight of the fowls confined in the cage is more than 2.4 kilograms—the floor area of the cage is at least 0.06 square metres per fowl.

Maximum penalty: $1 250.

(2) For the purposes of subregulation (1), floor area occupied by a V-trough or egg baffle may be counted as part of the floor area of a cage, but only to the extent that the area so occupied does not exceed 100 millimetres multiplied by the length of the cage (in millimetres).

Example— purposes of subregulation (2), the floor area of the cage is 0.27 square metres (ie 600mm multiplied by 450mm).

PART 4

TEACHING AND RESEARCH INVOLVING ANIMALS

Certain research prohibited except for limited purposes

14. (1) A person must not—

(a)	apply any substance to the conjunctival sac of a rabbit for the purpose of assessing the relative irritancy of the substance; or
(b)	expose an animal to any substance for the purpose of assessing the toxicity of the substance against a predetermined level of mortality,

unless—

(c)	the assessment relates to research that has the potential to benefit human or animal health; and
(d)	the objectives of the assessment cannot practicably be achieved by means that will cause less pain to animals.

Maximum penalty: $1 250.

(2) In proceedings for an offence against subregulation (1), the onus of proving the matters specified in paragraphs (c) and (d) lies on the defendant.

Application for licence under Part 4 of the Act

15. For the purposes of section 17 of the Act, an application for a licence under Part 4 of the Act must contain details of—

(a)	the premises proposed to be used for the purposes authorised by the licence;
(b)	the facilities available or proposed to be available at those premises for the care and handling of animals that may be used pursuant to the licence;
(c)	the arrangements proposed for the provision of veterinary care of animals that may be used pursuant to the licence.

Annual reports of animal ethics committee

16. (1) For the purposes of section 25 of the Act, an animal ethics committee must, within 3 months after the end of each calendar year, submit to the Minister a report on its operations during that calendar year.

(2) The report—

(a)

must include details of—

(i)	the number of meetings held by the committee during the calendar year; and
(ii)	in respect of each such meeting—

(A)	the name of each member who attended the meeting; and
(B)	a summary of the business discussed at the meeting; and

(b) may include any other information considered relevant by the committee.

PART 5

MISCELLANEOUS

Permits to hold rodeos

17. An application under section 34 of the Act for a permit to conduct a rodeo must be made at least 28 days before the day on which it is proposed to conduct the rodeo.

Act does not render unlawful practices that are in accordance with prescribed codes of practice

18. For the purposes of section 43 of the Act, each of the codes of practice listed in Schedule 2 is a prescribed code of practice.

SCHEDULE 1

Fees

1.          Application for licence or renewal of licence under Part 4 of the Act (Teaching and research

involving animals). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $30
2.	Application for a permit under section 34 of the Act (Permits to hold rodeos). .. .. .. .. .. .. .. $30

SCHEDULE 2

Codes of Practice

Person who must ensure compliance with Code of Practice

Code of Practice

1.	A person who carries on a business	South Australian Code of Practice for the Care and
consisting of or involving selling	Management of Animals in the Pet Trade, Animal
companion animals for profit	Welfare Unit, Department of Environment, Heritage and Aboriginal Affairs (1999)
2.	A person who handles, destroys or	Model Code of Practice for the Welfare of Animals,
domesticates feral livestock	The Destruction or Capture, Handling and Marketing of Feral Livestock Animals, Australian Agricultural Council (1991), as amended from time to time.
3.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of animals at a saleyard	Animals at Saleyards, Australian Agricultural Council (1991), as amended from time to time.
4.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of animals at a slaughtering	Livestock and Poultry at Slaughtering Establishments
facility	(Abattoirs, Slaughterhouses and Knackeries), Australian Agricultural Council (1986), as amended from time to time.
5.	A person who has the care, control or	South Australian Code of Practice for the Welfare of
management of animals for the purposes	Animals in Circuses, Office of Animal Welfare,
of a circus	Department for Environment, Heritage and Aboriginal Affairs (1997).
6.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of animals preparatory to or	Air Transport of Livestock Australian Agricultural
during transport by air	Council (1986), as amended from time to time.
7.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of animals preparatory to or	Sea Transport of Livestock Australian Agricultural
during transport by sea	Council (1987), as amended from time to time.
8.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of camels	The Camel, Agriculture and Resource Management Council of Australia and New Zealand (1997), as amended from time to time.
9.	A person who has the care, control or	South Australian Code of Practice for the Husbandry
management of captive birds (excluding	of Captive Birds, Office of Animal Welfare,
waterfowl, pigeons used for racing,	Department of Environment, Heritage and Aboriginal
pheasants or poultry used for the	Affairs (1999).
commercial production of meat or eggs)
10.	A person who has the care, control or	Australian Model Code of Practice for the Welfare of
management of cattle	Animals, Cattle, Australian Agricultural Council (1992), as amended from time to time.
11.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of farmed deer	The Farming of Deer, Australian Agricultural Council (1991), as amended from time to time.

Person who must ensure compliance with Code of Practice

Code of Practice

12.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of farmed rabbits	Intensive Husbandry of Rabbits, Australian Agricultural Council (1991), as amended from time to time.
13.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of goats	The Goat, Australian Agricultural Council (1991), as amended from time to time.
14.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of horses preparatory to or	Land Transport of Horses Agriculture and Resource
during transport by land	Management Council of Australia and New Zealand (1998), as amended from time to time.
15.	A person who has the care, control or	Australian Model Code of Practice for the Welfare of
management of livestock preparatory to or	Animals, Road Transport of Livestock, Australian
during transport by road	Agricultural Council (1983, see Gazette 24 April 1986 p. 1035), as amended from time to time.
16.	A person who has the care, control or	Australian Model Code of Practice for the Welfare of
management of livestock preparatory to or	Animals, Rail Transport of Livestock, Australian
during transport by rail	Agricultural Council (1983, see Gazette 24 April 1986 p. 1051), as amended from time to time.
17.	A person who has the care, control or	Australian Model Code of Practice for the Welfare of
management of pigs	Animals, The Pig, Australian Agricultural Council (1983, see Gazette 24 April 1986 p. 1017), as amended from time to time
18.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of pigs preparatory to or	Land Transport of Pigs, Agriculture and Resource
during transport by land	Management Council of Australia and New Zealand (1997), as amended from time to time.
19.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of poultry preparatory to or	Land Transport of Poultry, Agriculture and Resource
during transport by land	Management Council of Australia and New Zealand (1998), as amended from time to time.
20.	A person who has the care, control or	Model Code of Practice for the Welfare of Animals,
management of sheep	The Sheep, Australian Agricultural Council (1991), as amended from time to time.