Prevention of Cruelty to Animals Regulations 2019 (Vic)

Version No. 003

Prevention of Cruelty to Animals Regulations 2019

S.R. No. 133/2019

Version as at

1 September 2021

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Revocations

5Definitions

Part 2—Protection of animals

Division 1—General requirements

6Transportation of animals

7Tethered animals

8Sheep

9Possession of animal for fighting and use of fighting implements

10Use of twisted mouthpieces

11Pronged collars prohibited

12Conditions of use of Oxy-LPG pest-control devices

Division 2—Sale and use of netting for fruiting plants

13Selling and use of fruit netting

Division 3—Sale or use of electronic devices

14Use of certain electronic devices

15Use of electronic devices for therapeutic purposes

16Electric fences

17Electric bird deterrents

18Electric prodders

19Electronic stunning devices

20Electronic ejaculators

21Electrofishing

22Electric foot shock apparatus

23Use of electronic collars

24Requirements for use of authorised electronic collars

25Use of remote training collars and anti-bark collars

26Use of remote training collars and anti-bark collars—police and Australian Defence Force

27Use of containment collars on dogs

28Use of containment collars on a cat

29Sale, hire or supply of electronic collars

Part 3—Traps

Division 1—Prescribed traps

30Prescribed kinds of traps

Division 2—Leghold traps

31Requirements for setting or using small leghold traps

32Prescribed features of small leghold traps

33Places where small leghold traps must not be set, used or possessed

34Requirements for setting or using large leghold traps

35Prescribed features of a large leghold trap to be set or used for foxes or declared feral cats

36Prescribed features of a large leghold trap to be set or used for wild dogs

37Places where large leghold traps must not be set or used

38Conditions of setting or use of small and large leghold traps

39Minister may approve setting or use of leghold traps in urban areas

40Minister may approve setting or use of large leghold traps for declared feral cats

Division 3—Confinement traps

41Requirements for setting or using confinement traps

42Prescribed features of confinement traps

43Places where confinement traps may not be set or used

44Conditions of set or use of confinement traps

Division 4—Net traps

45Requirements for setting or using net traps

46Prescribed features of net traps

47Places where net traps may be set or used

48Conditions of setting or use of net traps

Division 5—Non-kill snares

49Requirements for setting or using non-kill snare

50Prescribed features of non-kill snares

51Places where non-kill snares may be set or used

52Conditions of set or use of non-kill snare

53Minister may approve setting or use of non-kill snares

Division 6—Rodent kill traps

54Requirements for setting or using rodent kill traps

55Prescribed features of rodent kill traps

56Places where rodent kill traps must not be set or used

57Conditions of set or use of rodent kill traps

Division 7—Kill traps

58Requirements for setting or using kill traps

59Prescribed features of kill traps

60Places where kill traps may be set or used

61Minister may approve use of kill traps

Division 8—Glue traps

62Sale, setting or use of glue traps

Division 9—Lethal trap devices

63Lethal trap devices

64Minister may approve lethal trap devices

Division 10—Use of traps in emergencies

65Emergency use of traps

Division 11—Minister's approval for land manager of unincorporated area approvals for managing domestic dogs and cats

66Definition

67Application for approval of process for managing domestic dogs, cats and other species in unincorporated areas

68Granting of approval of process for managing domestic dogs, cats and other species in unincorporated area

Division 12—Revocation of approval granted under this Part

69Revocation of approval

Part 4—Rodeos and rodeo schools

70Definitions

71Application for a rodeo licence

72Application for an individual rodeo or rodeo school permit

73Conditions for rodeo licences, rodeo permits and rodeo school permits

74Approval of rodeo organisations.

75Licence or permit holder must produce licence or permit to POCTA inspector

76Department to be notified of rodeo

77Rodeo and rodeo school must be attended by a veterinary practitioner

78Instructions from veterinary practitioner

79Duties of veterinary practitioner

80Department to be advised of nominated or appointed veterinary practitioner

81Types of animals that may be used

82Minimum weight for animals

83Minimum age for rodeo horses

84Repeat use of animals

85Inspection of animals before a rodeo or rodeo school

86Condition of animals used at rodeos or rodeo schools

87Separation of injured animals

88Transport of injured animals

89Humane destruction of seriously injured animals

90Penning of cattle and horses

91No rocks, holes or obstacles in arena

92Removal of animals from the arena

93Foals or calves not yarded or used

94Fitting saddles

95Fitting cinches or girths

96Fitting pads

97Tightening flank straps and ropes

98Poking or harming animals

99Free-running paddle or spur rowels

100Sharp or cutting objects

101Roped animals at rodeos

102Animals permitted in arena

103Motor vehicles in arena

104Fireworks prohibited

105Drugs and alcohol prohibited

Part 5—Scientific procedures

Division 1—Scientific procedure premises licence

106Application for the issue or renewal of a scientific procedures premises licence

107Conditions on scientific procedures premises licences

108Compliance with codes of practice

109Nomination and membership of Animal Ethics Committees

110Mandatory Training for Animal Ethics Committees

111Functions of Animal Ethics Committee

112Premises specified in the licence

113Obligations as to persons acting under the licence

114Sources of animals used under the licence

115Animal care and welfare

116Prohibition on the use of non-human hominids

117Change of nominated person

118Minimum standards for scientific premises

Division 2—Scientific procedures field work licence

119Application for the issue or renewal of a scientific procedures field work licence

120Conditions on scientific procedures field work licences

121Compliance with codes of practice

122Nomination and membership of Animal Ethics Committees

123Mandatory training for Animal Ethics Committees

124Functions of Animal Ethics Committees

125Obligations as to persons acting under the licence

126Sources of animals used under the licence

127Animal care and welfare

128Prohibition on the use of non-human hominids

129Notification of procedures to Department Head for interstate Animal Ethics Committees

130Change of nominated person

131Minimum standards for field work

Division 3—Specified animals breeding licence

132Application for the issue or renewal of a specified animals breeding licence

133Conditions on specified animals breeding licences

134Compliance with codes of practice

135Nomination and membership of Animal Ethics Committees

136Mandatory training for Animal Ethics Committees

137Functions of Animal Ethics Committees

138Premises specified in the licence

139Obligations as to persons acting under the licence

140Sources of animals used under the licence

141Animal care and welfare

142Change of nominated person

143Minimum standards for premises specified in a specified animals breeding licence

Division 4—Records, returns and other requirements

144Obligations as to Animal Ethics Committee members

145Completion of annual returns

146Return of records

147Application to vary a licence or licence condition

Part 6—Miscellaneous

Division 1—Identification certificates

148Identification certificates

Division 2—Fees

149Definition

150Fees for rodeo licences, rodeo and rodeo school permits

151Fees for a scientific procedures premises licence

152Fees for a scientific procedures field work licence

153Fees for a specified animals breeding licence

154Prescribed manner for determining fees for entry and search and compliance reports

Division 3—Infringements

155Infringement offences

Part 7—Transitional provisions

156Definition

157Transitional provision—trap-check intervals for large leghold traps

158Transitional provision—use of leghold traps in urban areas

159Transitional provision—approved rodeo organisations

Schedule 1—Regulations revoked

Schedule 2—Certificate of identification as a general inspector

Schedule 3—Certificate of identification as a specialist inspector

Schedule 4—Certificate of identification as an authorised officer

Schedule 5—Infringement offences and penalties

Schedule 6

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 003

Prevention of Cruelty to Animals Regulations 2019

S.R. No. 133/2019

Version as at

1 September 2021

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to provide for procedures conducted on animals, devices used on animals, implements and methods of capture of animals, transport of animals, restraint of animals and other related matters; and

(b)to prescribe conditions for rodeo licences, rodeo permits and rodeo school permits; and

(c)to provide for persons operating, participating in or otherwise involved in rodeos and rodeo schools; and

(d)to prescribe conditions and standards for scientific procedures using animals and breeding; and

(e)to prescribe forms, fees and other matters authorised by the Prevention of Cruelty to Animals Act 1986.

2Authorising provision

These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986.

3Commencement

(1)These Regulations (other than regulations 8(2) and 13) come into operation on 14 December 2019.

(2)Regulation 8(2) comes into operation on 1 July 2020.

(3)Regulation 13 comes into operation on 1 September 2021.

4Revocations

The Regulations listed in Schedule 1 are revoked.

5Definitions

anti-bark collar means an electronic collar designed to modify barking behaviour in dogs and that is activated by a dog's bark;

Australian Code means the National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, published by the National Health and Medical Research Council, Canberra;

Australian Pesticides and Veterinary Medicines Authority means the Australian government statutory authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

authorised electronic collar means—

(a)in relation to a dog, any one of the following—

(i)a remote training collar;

(ii)an anti-bark collar;

(iii)a containment collar;

(b)in relation to a cat, a containment collar;

bar, in relation to a horse's mouth, means the gums of a horse between the incisors and the molars;

confinement trap means a trap that uses a cage, bag, fence, yard or container to confine the whole body of one or more animals;

containment collar means an electronic collar that is worn by an animal as part of a containment system;

containment system means a method of containing animals to a specific area through the use of a containment collar which may deliver an electric shock to an animal if it gets too close to the designated boundary;

controlled pest animal means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be a controlled pest animal;

Crown land has the same meaning as in the Conservation, Forests and Lands Act 1987 but does not include land that is subject to a lease or licence for agricultural or grazing purposes under Division 4 of Part I of the Land Act 1958;

declared feral cat means an animal of the species Felis catus declared to be an established pest animal by a feral cat declaration;

declared pest animal means an established pest animal or a restricted pest animal;

electric foot shock apparatus means a device designed to deliver electric shocks of controlled intensity and duration to the foot of an animal under experimental conditions;

electrocution trap means a trap that is designed to kill an animal by electrocution;

electrofish means to use a device that imparts an electric current into water to stun or kill a fish before it is caught;

electronic collar means an animal collar that is designed to be capable of imparting an electric shock to an animal;

established pest animal means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be an established pest animal;

feral catdeclaration means a declaration under Part 8 of the Catchment and Land Protection Act 1994 declaring the feral or wild population of the cat (Felis catus) to be an established pest animal on specified Crown Land;

glue trap means a trap that uses glue, adhesive material or any similar viscid substance as the mode of capture to trap an animal or insect;

humanely destroy, in relation to an animal, means causing the death of an animal by a means that results in immediate loss of consciousness and then death of the animal (without recovering consciousness);

jaw spread, in relation to a leghold trap, means the maximum distance between the internal surface of both jaws, when measured perpendicular to a line drawn through the jaw pivot points when the trap is in the set position;

kill trap means a trap designed to kill a trapped animal;

Laboratory Animals Code of Practice means the Code of Practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits made by the Governor in Council on 12 October 2004 and published in Government Gazette G51 on 16 December 2004 at pages 3419–3461;

Land Transport Standard means the Australian Animal Welfare Standards and Guidelines— Land Transport of Livestock Edition 1, published by Animal Health Australia 2012, Canberra;

large leghold trap means a jawed spring-operated trap, designed to capture an animal by the foot or leg with a jaw spread between 10·1 centimetres and 15·5 centimetres;

lethal trap device means a device attached to a trap that contains a lethal substance for the purposes of causing the rapid death of trapped target animals through ingestion of the substance;

livestock has the same meaning as in the Land Transport Standard;

mules has the same meaning as in the Australian Animal Welfare Standards and Guidelines for Sheep Edition 1, published by Animal Health Australia 2014, Canberra;

net trap means a trap made of netting that is used for the purposes of either catching or holding, or both catching and holding, an animal;

non-human hominid means a non-human member of the family Hominidae, being a gorilla, chimpanzee, bonobo or an orangutan;

non-kill snare means an anchored cable or wire noose that is designed to catch an animal by the body, neck or limb that tightens around the animal to restrain it without killing it;

noxious aquatic species means a noxious aquatic species declared under section 75 of the Fisheries Act 1995;

Oxy-LPG pest control device means a gas explosive device capable of pumping a propane and oxygen mixture into burrows and tunnels, resulting in an underground blast-wave with the intent of collapsing the burrow or warren;

padded, in relation to a leghold trap, means that rubber pads have been added to the surface of the jaws for the purposes of cushioning the impact of the jaws;

pan tension, in relation to a leghold trap or non-kill snare trap, means tension applied to the pan of a leghold trap or non-kill snare that is capable of being adjusted so that a certain weight is required to depress the pan and trigger the trap or snare;

pronged collar means a collar designed for use on dogs that consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the dog's neck so that, when the collar is tightened, it pinches the skin around the dog's neck;

qualified dog trainer means a person who has completed a qualification approved by the Minister, and published in the Government Gazette, relating to the training of dogs;

regulated pest animal means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be a regulated pest animal;

remote training collar means an electronic collar that is designed to be worn by an animal to assist in the modification of the animal's behaviour and that is activated by a person through a transmitter;

restricted pest animal has the same meaning as in the Catchment and Land Protection Act 1994;

rodentmeans a mouse of the species Mus musculus or a rat of the species Rattus norvegicus or Rattus rattus;

rodent kill trap means a kill trap designed to kill a rodent;

small leghold trap means a jawed spring-operated trap, designed to capture an animal by the foot or leg with a jaw spread of 10 centimetres or less;

the Act means the Prevention of Cruelty to Animals Act 1986;

unincorporated area means—

(a)French Island; or

(b)Sandstone Island (incorporating Elizabeth Island); or

(c)Gabo Island; or

(d)Lady Julia Percy Island; or

(e)an alpine resort with the meaning of the Alpine Resorts (Management) Act 1997;

urban area means an area of land that is predominantly—

(a)subdivided into allotments that, in the case of land used or to be used for residential purposes, are not larger than 0×4 hectares; and

(b)able to be used or developed under a planning scheme or interim development order for residential, industrial or commercial purposes; and

(c)provided with constructed streets and public utility services;

Victorian Code of Practice for Training Dogs and Cats to Wear Electronic Collars means the Code of Practice made under section 7 of the Act and published in Government Gazette G48 on 1 December 2011 at pages 2853 to 2860;

wild dog means an animal of the species Canis familiaris that is declared to be an established pest animal under Part 8 of the Catchment and Land Protection Act 1994;

wildlife has the same meaning as in the Wildlife Act 1975.

Part 2—Protection of animals

Division 1—General requirements

6Transportation of animals

(1)A person must not place or transport an animal in the boot of a sedan motor vehicle.

Penalty:15 penalty units.

(2)A person must not leave an animal unattended inside a motor vehicle for more than 10 minutes when outside temperatures are at or above 28 degrees Celsius.

Penalty:20 penalty units.

(3)Subregulation (2) does not apply—

(a)to a person who leaves a farm animal or livestock in the livestock crate of a livestock transport vehicle; or

(b)to a POCTA inspector or an authorised officer within the meaning of the Domestic Animals Act 1994 who leaves an animal in an animal transport vehicle operated by that inspector or officer if—

(i)the temperature inside the vehicle is maintained at or below 28 degrees Celsius; and

(ii)the animal has access to water at all times.

(4)A person must not secure a dog on a metal tray of a motor vehicle or trailer when outside temperatures are at or above 28 degrees Celsius without the dog having access to an area of insulating material protecting the dog from contact with the metal surface.

Penalty:15 penalty units.

(5)A person transporting a farm animal or livestock must ensure that the farm animal or livestock is provided with access to water before the maximum time off water specified in the Land Transport Standard for that species or type of farm animal or livestock has expired.

Penalty:20 penalty units.

(6)A person must not transport a farm animal or livestock, other than poultry, that is not able to walk on its own by bearing weight on all legs unless—

(a)the animal is accompanied by a veterinarian or written veterinary advice that states that the animal is fit for transport; or

(b)the animal is accompanied by written veterinary advice that specifies conditions that must be complied with in order to manage the animal welfare risks associated with the transport and the person transporting the animal complies with conditions; or

(c)the animal is being transported for medical veterinary or other appropriate treatment within the property at which the animal resides or to another property that is less than 50 km from the property at which the animal resides.

Penalty:20 penalty units.

(7)A person must not transport a farm animal or livestock in a passenger vehicle unless—

(a)it is transported in a cage or the cargo section (excluding a sedan boot); and

(b)the animal is able to stand upright without any part of the animal coming into contact with the roof, the ceiling or cover of the cage or cargo section of the motor vehicle; and

(c)if transported in the cargo section, there is a barrier that prevents the animal from moving into the seating area of the vehicle.

Penalty:15 penalty units.

7Tethered animals

(1)A person must not tether an animal, using a fixed tether, or running tether, unless—

(a)the animal has access to water at all times; and

(b)the animal is able to exercise daily off the tether; and

(c)the animal is able to lie down and stand up without restriction; and

(d)the animal is tethered by a collar or halter which is attached to the tether by a swivel; and

(e)the animal is checked at least twice daily; and

(f)the animal has access to physical shelter at all times; and

(g)if herbivorous, the animal is able to graze or browse freely.

Penalty:15 penalty units.

(2)Subregulation (1)(f) does not apply if the animal is tethered for no more than 2 hours per day and is under supervision of a person.

(3)For the purposes of subregulation (1)(f), in the case of a tethered animal that is a bovine or equid, physical shelter may include shade or protection from a tree.

(4)Subregulation (1)(a) and (g) do not apply if the animal—

(a)is tethered for the purposes of exhibition as part of an event such as an agricultural show; and

(b)is provided with food and water at least twice daily.

(5)This regulation does not apply in circumstances where the tethering of an animal has been otherwise approved as part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

8Sheep

(1)A person must not allow the fleece of a sheep to grow to a length greater than twice the average annual growth for the breed of sheep or more than 250 mm (whichever is shorter).

Penalty:10 penalty units.

(2)A person must not mules a sheep unless the sheep is administered with a pain relief product that has been registered for use on sheep by the Australian Pesticides and Veterinary Medicines Authority.

Penalty:20 penalty units.

9Possession of animal for fighting and use of fighting implements

(1)A person must not possess or use a dog fighting implement or cock fighting implement.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply to—

(a)a person who possesses a dog fighting implement or a cock fighting implement solely for the purposes of displaying it in a museum that is open to the general public; or

(b)a POCTA inspector, for the purposes of exercising the inspector's role under the Act or these Regulations.

(3)A person must not possess an animal with the intention of causing that animal to fight.

Penalty:20 penalty units.

(4)In this regulation, dog fighting implement or cock fighting implement includes but is not limited to the following—

(a)dog fighting rings or cock fighting rings;

(b)drugs or other items used to improve the fighting performance of a dog or cock.

10Use of twisted mouthpieces

A person must not use a mouthpiece on a horse if the mouthpiece is of a design that is twisted at the point where the mouthpiece is in contact with the bar of the horse's mouth.

Penalty:15 penalty units.

11Pronged collars prohibited

A person must not use a pronged collar on any animal.

Penalty:15 penalty units.

12Conditions of use of Oxy-LPG pest-control devices

A person must not use an Oxy-LPG pest-control device unless the person has made all reasonable efforts to empty the burrow or warren of live rabbits using other methods.

Penalty:20 penalty units.

Division 2—Sale and use of netting for fruiting plants

13Selling and use of fruit netting

(1)A person must not use fruit netting for the purposes of covering household fruit-trees, vegetable gardens and other fruiting plants unless it complies with subregulation (3).

Penalty:15 penalty units.

(2)A person must not advertise or offer for sale fruit netting for the purpose of covering household fruit trees, vegetable gardens and other fruiting plants, however labelled, unless it complies with subregulation (3).

Penalty:15 penalty units.

(3)For the purpose of this regulation, fruit netting must have a mesh-size of 5 mm x 5 mm or less at full stretch.

Division 3—Sale or use of electronic devices

14Use of certain electronic devices

(1)A person must not use or place on any animal a device that is capable of imparting or is designed to impart an electric current or shock to the animal, whether or not the device is working.

Penalty:20 penalty units.

(2)Subregulation (1) does not apply if the use or placement of the device is permitted under regulations 15 to 28.

(3)Subregulation (1) does not apply to an electrocution trap that is permitted to be used under Division 6 of Part 3.

15Use of electronic devices for therapeutic purposes

(1)The Minister may, by notice in the Government Gazette, approve the use on an animal of an electronic device that provides a therapeutic effect to an animal.

(2)An approval of the Minister under this regulation may impose any condition on the use of the approved electronic device in relation to—

(a)the persons or class of persons who are permitted to use the device; or

(b)the manner in which and period for which the device may be used, including commencement and end dates; or

(c)the species of animal, and other characteristics of the animal, that the device may be used to treat; or

(d)any other matter related to protecting the welfare of an animal on which the device is permitted to be used.

(3)A person must only use an electronic device for therapeutic effect on an animal that has been approved by the Minister and in accordance with any conditions of the approval.

(4)A person may apply to the Minister in the approved form for approval to use on an animal an electronic device that has a therapeutic effect on an animal.

(5)An application to the Minister for an approval under this regulation must include—

(a)the name, address, telephone and email contact details of the applicant; and

(b)the name and type of device the approval is sought for; and

(c)evidence of the therapeutic effect from the device; and

(d)details of why the device is needed (such as the conditions which it would be used to treat); and

(e)details of the competency required of the person using the device; and

(f)details of how and on what species of animal the device will be used and any other characteristics of the animals; and

(g)any other details required by the Minister to assess the suitability of the device for approval.

(6)The application must be accompanied by the prescribed fee of 30 fee units.

16Electric fences

A person may use an electric fence if it complies with the following specifications—

(a)the electric current travels through a wire;

(b)the electric fence is installed so that—

(i)an animal is able to move away and avoid contact with the wire that is carrying the electric current; and

(ii)the electric charge that is imparted to the animal through the wire of the device is not sufficient to harm or kill an animal.

17Electric bird deterrents

A person may use an electric bird deterrent device if it complies with the following specifications—

(a)the electric current for the device travels through a wire;

(b)the device is installed so that a bird is able to move away and avoid contact with the wire that is carrying the electric current;

(c)the electric charge that is imparted to the bird through the wire of the device is not sufficient to harm or kill a bird.

18Electric prodders

(1)Subject to subregulations (2) and (3), a person may use or place an electric prodder on—

(a)cattle, goats or sheep; or

(b)buffalo, camel or deer, in a situation where other permitted means of moving the animal have failed; or

(c)pigs in a situation where a person is loading, transporting or unloading pigs and—

(i)other permitted means of moving the animal have failed; and

(ii)the individual pig weighs 60 kg in live weight or more; and

(iii)there is a reasonable risk to the safety of the driver or the pigs; or

(d)regulated pest animals or controlled pest animals, if the use or placement of the electric prodder on those animals has been approved by a veterinary practitioner.

(2)A person may use or place an electric prodder on cattle at a rodeo if the device is—

(a)placed only on the hip or shoulder of the animal; and

(b)not used inside the rodeo arena or training area of a rodeo school; and

(c)not used in the chute unless—

(i)the animal is down in the chute and is in a position to rise; or

(ii)the animal is standing and has refused to leave the chute.

(3)Use of an electric prodder by a person is subject to the following conditions—

(a)the electric prodder must not be used or placed on any animal less than 3 months of age;

(b)the electric prodder must not be used or placed on the face, genitals, perineum, or udder of any animal;

(c)the electric prodder must not be used or placed on an animal in a situation where the animal is unable to move away from the application of the electric prodder;

(d)the electric prodder must not be used excessively on an animal.

19Electronic stunning devices

A person who uses an electronic stunning device must do so in accordance with a licence issued under the Meat Industry Act 1993.

20Electronic ejaculators

A person may use an electronic ejaculator on—

(a)cattle, buffalo or sheep, if the use is approved by a veterinary practitioner; or

(b)any other animal kept under the Zoological Parks and Gardens Act 1995, if the animal is anaesthetised and the use is by a veterinary practitioner; or

(c)any other animal if the electronic ejaculator is used by a veterinary practitioner, or use is under the direct supervision of a veterinary practitioner.

21Electrofishing

A person must not electrofish unless it is part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

22Electric foot shock apparatus

A person must not use an electric foot shock apparatus on an animal unless—

(a)the use is part of a scientific procedure or program of scientific procedures that has been approved under a licence granted under Part 3 of the Act; and

(b)there are no valid alternative stimuli.

23Use of electronic collars

A person must not use an electronic collar on an animal unless—

(a)the electronic collar is an authorised electronic collar and is used on a dog or cat in accordance with regulations 24 to 28; or

(b)the electronic collar is used on cattle, sheep, goats, pigs, camels, alpacas or llamas as part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

24Requirements for use of authorised electronic collars

A person must not use an authorised electronic collar on a dog or cat unless—

(a)a veterinary practitioner has examined the physical health and temperament of the dog or cat and reasonably believes that the dog or cat is suitable to have an authorised electronic collar used on it; and

(b)the dog or cat is over 6 months of age; and

(c)a collar is not left on the dog or cat for more than 12 hours in any 24-hour period; and

(d)the use is in accordance with any instructions for use of the collar provided by the manufacturer; and

(e)the dog or cat is introduced to the use of the collar in accordance with a training program that complies with the Victorian Code of Practice for the Training of Dogs and Cats to Wear Electronic Collars; and

(f)the design and technical specifications of the collar comply with standards that have been approved by the Minister and published in the Government Gazette.

25Use of remote training collars and anti-bark collars

(1)A person must not use a remote training or anti‑bark collar on a dog unless—

(a)the person is a veterinary practitioner or qualified dog trainer; or

(b)the person is acting under the supervision and written instructions of a veterinary practitioner or a qualified dog trainer.

(2)If subregulation (1)(b) applies, the use of the collar must be reviewed by the veterinary practitioner or qualified dog trainer—

(a)within 6 months of the examination referred to in regulation 24(a); and

(b)at least every 12 months after the first review.

26Use of remote training collars and anti-bark collars—police and Australian Defence Force

(1)A person may use a remote training collar or an anti-bark collar on a dog if the dog—

(a)is in the service of Victoria Police, Australian Federal Police or the Australian Defence Force and the collar is used for the purpose of that service; or

(b)is in training to be in the service of Victoria Police, Australian Federal Police or the Australian Defence Force and the collar is used for the purpose of that service or training.

(2)Regulations 24 and 25 do not apply to the use of a remote training collar or anti-bark collar in accordance with subregulation (1).

27Use of containment collars on dogs

(1)A person must not use a containment collar on a dog unless the person has ensured that the dog is trained to the use of the containment system and collar by—

(a)a veterinary practitioner, a qualified dog trainer or competent trainer; or

(b)a person under the supervision and written instructions of a veterinary practitioner, a qualified dog trainer or a competent trainer.

(2)A person must not use a containment collar on a dog unless there is a visual cue (such as a fence, posts or flags) that clearly indicates to the dog the boundary of the containment system.

(3)In this regulation and in regulation 28—

competent trainer means a person who is employed by a company that sells containment systems and who is competent to conduct a containment system training program for dogs or cats that complies with the Victorian Code of Practice for the Training of Dogs and Cats to Wear Electronic Collars.

28Use of containment collars on a cat

(1)A person must not use a containment collar on a cat unless the person has ensured that the cat is trained to the use of the containment system and collar by—

(a)a veterinary practitioner or competent trainer; or

(b)a person under the supervision and written instructions of a veterinary practitioner or competent trainer.

(2)A person must not use a containment collar on a cat unless there is a visual cue (such as a fence, posts or flags) that clearly indicates to the cat the boundary of the containment system.

29Sale, hire or supply of electronic collars

(1)A person must not sell, hire or supply an electronic collar that has not been manufactured for use on a dog, cat or livestock.

Penalty:20 penalty units.

(2)A person must not sell, hire or supply an electronic collar for use on a cat or a dog unless the design and technical specifications of the collar comply with the standards approved by the Minister for electronic collars for dogs and cats, published in the Government Gazette.

Penalty:20 penalty units.

(3)A person must not sell, hire or supply an electronic collar for use on livestock unless it has been manufactured for that purpose.

Penalty:20 penalty units.

(4)A person must not sell, hire or supply an electronic collar for use on a cat or dog unless at the time of the sale, hire or supply the person records—

(a)the full name of the purchaser, hirer or recipient; and

(b)the street address of the purchaser, hirer or recipient; and

(c)a contact telephone number or email address (if any) for the purchaser, hirer or recipient; and

(d)the date of sale, hire or supply of the electronic collar; and

(e)that the person has advised the purchaser, hirer or recipient of the relevant conditions of use, as set out in regulations 24 to 28, in writing.

Penalty:10 penalty units.

(5)A person must not sell, hire or supply an electronic collar for use on livestock unless, at the time of sale, hire or supply, the person records—

(a)the full name of the purchaser, hirer or recipient; and

(b)the street address of the property where the electronic collar is to be used; and

(c)a contact telephone number or email address (if any) for the purchaser, hirer or recipient; and

(d)the date of sale, hire or supply of the electronic collar; and

(e)if the street address referred to in paragraph (b) is in Victoria, that the person has obtained written evidence, from the purchaser, hirer or recipient that the electronic collar will be used on an animal that is part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

Penalty:10 penalty units.

(6)A person must not provide any false or misleading information in relation to the details or evidence to be recorded under subregulation (4) or (5).

Penalty:10 penalty units.

(7)A person who sells, hires or supplies an electronic collar must keep a record of the following for 7 years after the sale, hire or supply—

(a)the details recorded under subregulation (4) or (5);

(b)if applicable, the written evidence provided under subregulation (5).

Part 3—Traps

Division 1—Prescribed traps

30Prescribed kinds of traps

For the purposes of sections 15(1) and 15AB(1) of the Act, the following kinds of traps are prescribed—

(a)small leghold traps that meet the requirements of regulation 32;

(b)large leghold traps that meet the requirements of regulation 35 or 36;

(c)confinement traps that meet the requirements of regulation 42;

(d)net traps that meet the requirements of regulation 46;

(e)non-kill snares that meet the requirements of regulation 50;

(f)rodent kill traps that meet the requirements of regulation 55;

(g)kill traps that meet the requirements of regulation 59;

(h)glue traps that meet the requirements of regulation 62(3);

(i)lethal trap devices that have been approved by the Minister under regulation 64.

Division 2—Leghold traps

31Requirements for setting or using small leghold traps

A person must not set or use a small leghold trap unless—

(a)the person sets or uses the trap for the purpose of trapping rabbits; and

(b)the trap complies with regulation 32; and

(c)the person sets or uses the trap in accordance with regulations 33 and 38.

32Prescribed features of small leghold traps

A small leghold trap must have the following features—

(a)the jaws of the trap must be smooth, not serrated;

(b)each jaw of the trap must be padded with commercially manufactured rubber pads designed to be used for the particular brand, size and design of the trap;

(c)the jaws of the trap must be offset so there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed;

(d)a jaw spread of no more than 10 centimetres;

(e)a spring placed in the anchor chain of the trap to act as a shock absorber for the purposes of reducing the chance of injury to the captured limb;

(f)the anchor chain of the trap has a minimum of 2 swivels with one located at each end of the anchor chain, so that the trap can twist if the animal struggles to escape and the anchor chain must be attached to the centre of the baseplate of the trap;

(g)an adjustable pan tension so that the pan can be set at a tension required for a rabbit to trigger the trap.

33Places where small leghold traps must not be set, used or possessed

(1)A person must not set or use a small leghold trap in the following places—

(a)Crown land; or

(b)land in an urban area, except with—

(i)the approval of the Minister under regulation 39; and

(ii)the consent of the owner or occupier of the land; or

(c)any other land unless a person has the consent of the owner or occupier of the land.

(2)A person must not possess a small leghold trap on Crown land.

Penalty:10 penalty units.

(3)Subregulation (2) does not apply to—

(a)a person who possesses a small leghold trap if possession is solely for the purposes of displaying it in a museum that is open to the general public; or

(b)a POCTA inspector, for the purposes of exercising the inspector's role under the Act or these Regulations.

34Requirements for setting or using large leghold traps

A person must not set or use a large leghold trap unless—

(a)the person sets or uses the trap for the purpose of trapping foxes, wild dogs or, if an approval has been granted under regulation 40, declared feral cats; and

(b)if the person sets or uses the trap for the purpose of—

(i)trapping foxes or declared feral cats, the trap complies with regulation 35; or

(ii)trapping wild dogs, the trap complies with regulation 36; and

(c)the trap is set or used in accordance with—

(i)if the person sets or uses the trap for the purpose of trapping foxes or wild dogs, regulations 37 and 38; or

(ii)if the person sets or uses the trap for the purpose of trapping declared feral cats, regulation 37 and an approval granted under regulation 40.

35Prescribed features of a large leghold trap to be set or used for foxes or declared feral cats

A large leghold trap that is to be set or used for the purposes of trapping foxes or declared feral cats must have the following features—

(a)the jaws of the trap must be smooth, not serrated;

(b)each jaw of the trap must be padded with commercially manufactured rubber pads designed to be used for the particular brand, size and design of the trap;

(c)the jaws of the trap must be offset so there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed;

(d)a jaw spread of between 10·1 centimetres and 14 centimetres;

(e)a spring placed in the anchor chain of the trap to act as a shock absorber for the purposes of reducing the chance of injury to the captured limb;

(f)the anchor chain of the trap has a minimum of 2 swivels with one located at each end of the anchor chain, so that the trap can twist if the animal struggles to escape and the anchor chain must be attached to the centre of the baseplate of the trap;

(g)an adjustable pan tension so that the pan can be set at a tension required for a fox or declared feral cat to trigger the trap.

36Prescribed features of a large leghold trap to be set or used for wild dogs

A large leghold trap that is to be set or used for the purposes of trapping wild dogs must have the following features—

(a)the jaws of the trap must be smooth, not serrated;

(b)each jaw of the trap must be padded with commercially manufactured rubber pads designed to be used for the particular brand, size and design of the trap;

(c)the jaws of the trap must be offset so there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed;

(d)a jaw spread of between 13 and 15·5 centimetres;

(e)a spring placed in the anchor chain of the trap to act as a shock absorber for the purposes of reducing the chance of injury to the captured limb;

(f)the anchor chain of the trap has a minimum of 2 swivels with one located at each end of the anchor chain, so that the trap can twist if the animal struggles to escape and the anchor chain must be attached to the centre of the baseplate of the trap;

(g)an adjustable pan tension so that the pan can be set at a tension required for a wild dog to trigger the trap.

37Places where large leghold traps must not be set or used

(1)A large leghold trap must not be set or used for trapping foxes or wild dogs—

(a)in any area unless that area has been declared by the Minister under section 15AB(3) of the Act to be an approved area for setting or using large leghold traps; and

(b)within an area declared to be approved under section 15AB(3) of the Act, except with the consent of the owner or occupier of the land, or, in the case of Crown land, the manager of the land.

(2)If an area has been declared to be an approved area under section 15AB(3) of the Act, a large leghold trap must not be set or used to trap foxes or wild dogs in any portion of the area that is an urban area, except with the approval of the Minister under regulation 39.

(3)A large leghold trap must not be set or used for trapping declared feral cats in any area that is not specified in the approval granted under regulation 40.

38Conditions of setting or use of small and large leghold traps

(1)A trapped animal must not be left alive in the trap for more than 24 hours.

(2)Until 1 December 2024, the Minister may issue an authority giving approval to allowing an animal to be left alive in a large leghold trap for up to 72 hours where the large leghold trap is set or used for wild dogs by a person employed or authorised for the purposes of the Victorian government program for managing wild dogs.

(3)The Minister may, as a condition of granting the authority under subregulation (2), require a report providing the details required by the Minister about the operation of the authority in the form required by the Minister and at the intervals specified by the Minister.

(4)A trapped animal that is a declared pest animal must be humanely destroyed as soon as is reasonably possible unless—

(a)the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994; and

(b)the animal can be returned to the owner.

(5)If an animal that is not required to be humanely destroyed under subregulation (4) is captured in the trap, and is alive at the time the trap is checked—

(a)the animal must be released from the trap as soon as is reasonably possible; and

(b)if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(6)An animal that is released from a trap under subregulation (5)(a), that is not injured, must be—

(a)if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b)if a species normally kept in captivity, that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(c)if a dog or cat or species normally kept in captivity captured in an unincorporated area, managed—

(i)under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii)in accordance with a process approved by the Minister under Division 11 of this Part; or

(d)if wildlife, released at the point of capture in accordance with the Wildlife Act 1975; or

(e)if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(7)The trap must be set or used so as to minimise—

(a)any harm caused to a trapped animal; and

(b)the risk of catching non-target species.

39Minister may approve setting or use of leghold traps in urban areas

(1)On receipt of an application under subregulation (2), the Minister may grant an approval to set or use—

(a)a small leghold trap for rabbits in an urban area; or

(b)a large leghold trap for wild dogs or foxes in an urban area within an area declared to be approved under section 15AB(3) of the Act.

(2)The application must—

(a)be in the form approved by the Minister; and

(b)specify—

(i)the kind of trap; and

(ii)the location in which the trap is to be used; and

(iii)the species for which the trap is to be used; and

(c)be accompanied by any information relevant to the procedures to be utilised in the trapping programs; and

(d)be accompanied by any reports or documents that the Minister requires; and

(e)be accompanied by a fee of 23 fee units.

(3)An approval under subregulation (1)(a) or (b) must specify the location and species to which it applies.

(4)The Minister may impose conditions on the approvals relating to—

(a)the areas in which the trap may be used; and

(b)the minimum qualifications or training the person using the trap must have; and

(c)requirements relating to training the person using the trap must have; and

(d)requirements relating to notification about the trapping programs; and

(e)the period for which the approval applies; and

(f)the keeping of records and provision of reports to the Minister at the intervals at which the reports must be submitted; and

(g)any actions the applicant must take to minimise impacts on non-target species; and

(h)any actions required to protect the welfare of trapped animals.

(5)An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

40Minister may approve setting or use of large leghold traps for declared feral cats

(1)On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a large leghold trap for the purpose of trapping declared feral cats on declared Crown Land.

(2)The application must—

(a)be in the form approved by the Minister; and

(b)specify the reason why use of a large leghold trap is necessary; and

(c)specify the location in which the large leghold trap is to be set or used; and

(d)specify when the large leghold trap is to be set or used; and

(e)be accompanied by any information relevant to the procedures to be utilised in the trapping programs; and

(f)be accompanied by any documents or reports that the Minister requires.

(3)An approval under subregulation (1) must specify—

(a)the declared Crown land to which the approval applies; and

(b)the maximum period (not exceeding 24 hours) for which a trapped animal may be left alive in the trap.

(4)The Minister may impose conditions on an approval relating to—

(a)the area of declared Crown land in which the trap may be used and when it may be used; and

(b)the minimum qualifications or training the person using the traps must have; and

(c)the manner in which the trap may be used, including when it must be checked; and

(d)specifications for the trapping program; and

(e)the keeping of records and provision of reports and evaluations to the Minister and the intervals at which the reports or evaluations must be submitted; and

(f)any action required to be taken to protect the welfare of trapped animals.

(5)An approval under this regulation is valid for the period specified in the approval which must not exceed 12 months from the date of the approval.

(6)In this regulation—

declared Crown land means Crown land specified in a feral cat declaration.

Division 3—Confinement traps

41Requirements for setting or using confinement traps

A person must not set or use a confinement trap unless—

(a)the trap complies with regulation 42; and

(b)the person sets or uses the trap in accordance with regulations 43 and 44.

42Prescribed features of confinement traps

A confinement trap must have the following features—

(a)the trap must not be designed in such a way that it may cause unreasonable pain or suffering to a trapped animal;

(b)the trap must not grip or strike any part of the body of a trapped animal;

(c)the trap must not contain hooks, protruding parts, or other design features that may injure the trapped animal.

43Places where confinement traps may not be set or used

A confinement trap must not be set or used on any land, except with the consent of the owner or occupier of the land, or, in the case of Crown land, the manager of the land.

44Conditions of set or use of confinement traps

(1)The trap must be set or used so as to minimise—

(a)any harm caused to a trapped animal; and

(b)the risk of catching non-target species.

(2)If the confinement trap is in the form of a fenced enclosure or yard in a non-urban area and sufficient and appropriate food, water and shelter is available to the trapped animal, the animal must not be left trapped for more than 48 hours.

(3)In any case other than that referred to in subregulation (2), the trapped animal must not be left alive in the trap for more than 24 hours.

(4)A trapped animal that is a declared pest animal or noxious aquatic species must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to the owner.

(5)If an animal is not required to be humanely destroyed under subregulation (4) or an animal for which the trap has been set or used, is captured in the trap and is alive at the time the trap is checked—

(a)the animal must be released from the trap as soon as is reasonably possible; and

(b)if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(6)An animal that is released from a trap under subregulation (5)(a), that is not injured, must be—

(a)if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b)if a species normally kept in captivity, that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(c)if a dog or cat or species normally kept in captivity captured in an unincorporated area, managed—

(i)under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii)in accordance with a process approved by the Minister under Division 11 of this Part; or

(d)if wildlife, it must be released at the point of capture; or

(e)if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(7)This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

Division 4—Net traps

45Requirements for setting or using net traps

A person must not set or use a net trap unless—

(a)the trap complies with regulation 46; and

(b)the person sets or uses the trap in accordance with regulations 47 and 48.

46Prescribed features of net traps

A net trap must have the following features—

(a)the trap may entangle the animal but must be constructed of materials designed to minimise any injury to the animal;

(b)the trap must not be made of monofilament netting.

47Places where net traps may be set or used

A net trap must not be set or used on any land, except with the consent of the owner or occupier of the land, or, in the case of Crown land, the manager of the land.

48Conditions of setting or use of net traps

(1)A net trap that is designed to be triggered by an animal must be checked at least every 4 hours.

(2)A net trap that is designed to be triggered by a person or set across the path of an animal such as a bird or bat must not be used unless the trap is constantly monitored.

(3)As soon as is reasonably possible after an animal is observed to be trapped or entangled in a net trap, the animal must be removed.

(4)A person removing animals from a net trap must be experienced in handling the target species or under the supervision of a person experienced in handling the target species.

(5)A trapped animal that is a declared pest animal or noxious aquatic species must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to its owner.

(6)If an animal that is not required to be humanely destroyed under subregulation (5), or an animal for which a net trap has been set or used is captured in the trap and is alive and injured at the time the trap is checked, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(7)An animal that is removed from a trap under this regulation must be—

(a)if a dog or cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b)if a species normally kept in captivity that is not wildlife, a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(c)if a dog or cat or species normally kept in captivity captured in an unincorporated area, managed—

(i)under an agreement with a local council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii)in accordance with the process approved by the Minister under Division 11 of this Part; or

(d)if wildlife, released at the point of capture in accordance with the Wildlife Act 1975; or

(e)if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(8)A net trap must be set or used so as to minimise—

(a)any harm caused to a trapped animal; and

(b)the risk of catching non-target species.

(9)This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

Division 5—Non-kill snares

49Requirements for setting or using non-kill snare

(1)A person must not set or use a non-kill snare unless—

(a)the person sets or uses the non-kill snare under an approval granted under regulation 53; and

(b)the non-kill snare complies with regulation 50; and

(c)the person sets or uses the non-kill snare in accordance with regulations 51 and 52, and the approval granted under regulation 53.

(2)Subregulation (1) does not apply where the setting or use of the non-kill snare is approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

50Prescribed features of non-kill snares

A non-kill snare must have the following features—

(a)the non-kill snare must not strangle or cut the animal;

(b)the non-kill snare must include a locking device which prevents the non-kill snare from inhibiting blood flow through the limbs, neck or body of the animal;

(c)the non-kill snare must have a spring placed in the anchor chain to act as a shock absorber to prevent dislocation of the trapped limb or spine of the animal;

(d)the anchor chain of the non-kill snare must have a minimum of 2 swivels, with one located at each end of the anchor chain, so that the non-kill snare can twist if the animal struggles to escape;

(e)if designed to be triggered by an animal stepping on a pan, the non-kill snare must have adjustable pan tension so that the pan can be set at a tension required for the target species to trigger the non-kill snare.

51Places where non-kill snares may be set or used

A non-kill snare must not be set or used in the following places—

(a)in an urban area except if the setting or use of the non-kill snare is approved under regulation 53; or

(b)on any other land except with the consent of the owner or occupier of the land or, in the case of Crown land, the manager of the land.

52Conditions of set or use of non-kill snare

(1)A trapped animal must not be left alive in the non‑kill snare for more than 8 hours.

(2)A trapped animal that is a declared pest animal must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to its owner.

(3)If an animal that is not required to be humanely destroyed under subregulation (3) or that is not an animal for which the non-kill snare has been set or used, is captured in the non-kill snare and is alive at the time the non-kill snare is checked—

(a)the animal must be released from the non-kill snare as soon as is reasonably possible; and

(b)if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, the animal may be humanely destroyed.

(4)An animal that is released from a non-kill snare under subregulation (3)(a), that is not injured, must be—

(a)if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b)if a species normally kept in captivity that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(c)if a dog or cat or species normally kept in captivity captured in an unincorporated area, managed—

(i)under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii)in accordance with the process approved by the Minister under Division 11 of this Part; or

(d)if wildlife, it must be released at the point of capture in accordance with the Wildlife Act 1975; or

(e)if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(5)The non-kill snare must be set or used so as to minimise—

(a)any harm caused to a trapped animal; and

(b)the risk of catching non-target species.

(6)This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

53Minister may approve setting or use of non-kill snares

(1)On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a non-kill snare for the purpose of trapping—

(a)an animal that is an established pest animal; or

(b)an animal of another species determined by the Minister.

(2)The application must—

(a)be in the form approved by the Minister; and

(b)specify the kind of non-kill snare and—

(i)the location in which the non-kill snare is to be used; and

(ii)the species for which the non-kill snare is to be used; and

(c)be accompanied by any information relevant to the procedures to be utilised in the trapping programs; and

(d)be accompanied by any reports or documents that the Minister requires; and

(e)be accompanied by a fee of 23 fee units.

(3)An approval under subregulation (1) must specify the location and species to which it applies.

(4)The Minister may impose conditions on the approvals relating to—

(a)the species of animal that may be trapped; and

(b)details of the types on non-kill snares to which the approval applies and any mandatory features of those non-kill snares; and

(c)the area in which the non-kill snares may be used; and

(d)the minimum qualifications or training the person using the non-kill snares must have; and

(e)requirements relating to notification about the trapping programs; and

(f)the period for which the approval applies; and

(g)the keeping of records and provision of reports to the Minister at the intervals at which the reports must be submitted; and

(h)any actions the applicant must take to minimise impacts on non-target species; and

(i)any actions required to protect the welfare of trapped animals.

(5)An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 6—Rodent kill traps

54Requirements for setting or using rodent kill traps

A person must not set or use a rodent kill trap unless—

(a)the person sets or uses the trap for the purposes of trapping rodents; and

(b)the trap complies with regulation 55; and

(c)the person sets or uses the trap in accordance with regulations 56 and 57.

55Prescribed features of rodent kill traps

A rodent kill trap must have the following features—

(a)if jawed, the jaws must not be toothed, serrated or sharp-pointed in a way that can pierce or tear the skin of the animal;

(b)the trap must humanely destroy the animal;

(c)the trap must not have spikes or serrations which could cause injury to a trapped animal before its death;

(d)the trap must not be designed to drown an animal.

56Places where rodent kill traps must not be set or used

A rodent kill trap must not be set or used on any land or premises except with the consent of the owner or occupier of the land or premises or, in the case of Crown land, the manager of the land.

57Conditions of set or use of rodent kill traps

The trap must be set or used so as to minimise the risk of catching non-target species.

Division 7—Kill traps

58Requirements for setting or using kill traps

(1)A person must not set or use a kill trap unless—

(a)the person sets or uses the trap under an approval granted under regulation 61; and

(b)the trap complies with regulation 59; and

(c)the person sets or uses the trap in accordance with regulation 60 and the approval granted under regulation 61.

(2)Subregulation (1) does not apply—

(a)if the use of the trap is approved by an Animal Ethics Committee for research approved under a licence in accordance with Part 3 of the Act; or

(b)to a rodent kill trap used in accordance with Division 6.

59Prescribed features of kill traps

A kill trap must have the following features—

(a)the trap must humanely destroy the animal;

(b)the trap must not have spikes or serrations which could cause injury to a trapped animal before its death.

60Places where kill traps may be set or used

A kill trap must not be set or used on any land except with the consent of the owner or occupier of the land or, in the case of Crown land, the manager of the land.

61Minister may approve use of kill traps

(1)On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a kill trap for the purpose of trapping—

(a)an animal that is an established pest animal; or

(b)an animal of another species determined by the Minister.

(2)The application must—

(a)be in the form approved by the Minister; and

(b)specify the species for which the kill trap is to be used; and

(c)be accompanied by any information relevant to the procedures to be utilised in the trapping programs; and

(d)be accompanied by any reports or documents that the Minister requires; and

(e)be accompanied by a fee of 23 fee units.

(3)An approval under subregulation (1) must specify the species to which it applies.

(4)The Minister may impose conditions on the approval relating to—

(a)the species of animals that may be trapped; and

(b)details of the types of kill traps to which the approval applies and any mandatory features of those kill traps; and

(c)the area in which the trap may be used; and

(d)the minimum qualifications or training the person using the traps must have; and

(e)requirements relating to notification about the trapping program; and

(f)the period to which the approval applies; and

(g)the keeping of records and the provision of reports to the Minister and the intervals at which reports must be submitted; and

(h)any actions the applicant must take to minimise impacts on non-target species; and

(i)actions to protect the welfare of trapped animals.

(5)An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 8—Glue traps

62Sale, setting or use of glue traps

(1)A person must not sell a glue trap capable of trapping an animal.

(2)A person must not set or use a glue trap for the purposes of trapping an animal or that is capable of trapping an animal.

(3)A person may sell, set or use a glue trap for the purposes of capturing insects if the trap—

(a)has a cage or other protection which prevents any animal from contact with the adhesive surface; or

(b)is designed to prevent the capture of an animal.

Division 9—Lethal trap devices

63Lethal trap devices

A person must not set or use a lethal trap device with a trap to which Division 2, 3, 4 or 5 applies unless—

(a)the person sets or uses the lethal trap device under an approval granted under regulation 64; and

(b)the person sets or used the lethal trap device in accordance with that approval.

64Minister may approve lethal trap devices

(1)On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a lethal trap device on a trap to which Division 2, 3, 4 or 5 applies.

(2)The application must—

(a)be in the form approved by the Minister; and

(b)specify—

(i)the lethal agent to be used in the lethal trap device; and

(ii)the type of trap on which it is to be used; and

(c)be accompanied by any information relevant to the procedures to be utilised in the trapping programs; and

(d)be accompanied by any reports or documents that the Minister requires; and

(e)be accompanied by an application fee of 23 fee units.

(3)An approval under subregulation (1) must specify the lethal agent and type of trap to which it applies.

(4)The Minister may impose conditions on the approval relating to—

(a)the types of traps on which the lethal trap device may be used; and

(b)the species of animals that may be trapped in a trap using a lethal trap device; and

(c)the minimum qualifications or training the person using the trap on which the lethal trap device is attached must have (if any); and

(d)requirements relating to notifications about trapping programs; and

(e)the period during which the approval applies; and

(f)the keeping of records and provision of reports to the Minister and the intervals at which the reports must be submitted; and

(g)any actions the applicant must take to minimise impacts on non-target species; and

(h)any actions to protect the welfare of trapped animals.

(5)An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 10—Use of traps in emergencies

65Emergency use of traps

(1)The Minister, by order in the Government Gazette, may approve the setting or use of a prescribed trap, other than in accordance with the relevant Division of this Part, to control an incursion of—

(a)a noxious aquatic species that has not previously been found in Victoria; or

(b)a declared pest animal that has not previously been found in Victoria.

(2)The Minister may impose conditions on the approval relating to—

(a)the type of trap that may be set or used; and

(b)specifications of the trap; and

(c)the areas in which the trap may be used; and

(d)who may set or use the prescribed trap under the approval; and

(e)the species of animal or fish for which the trap may be used; and

(f)the use or setting of the trap; and

(g)the fate or disposal of any off-target animals or fish that may be trapped; and

(h)the frequency of checking the trap; and

(i)the duration of the approval; and

(j)the keeping of records and provision of reports to the Minister at the intervals required by the Minister; and

(k)the protection of welfare of animals or fish which may be trapped (target or off-target); and

(l)a requirement to notify members of the public or agencies about the conduct of a trapping program.

Division 11—Minister's approval for land manager of unincorporated area approvals for managing domestic dogs and cats

66Definition

In this Division—

land manager, in relation to an unincorporated area, means—

(a)in relation to an alpine resort within the meaning of the Alpine Resorts (Management) Act 1997, the relevant Alpine Resort Management Board established under that Act;

(b)in relation to any other unincorporated area, the relevant organisation responsible for administering the land.

67Application for approval of process for managing domestic dogs, cats and other species in unincorporated areas

(1)The land manager of an unincorporated area may apply to the Minister in accordance with this regulation for approval of a process to manage a domestic dog, cat or other species normally kept in captivity that has been caught in a trap prescribed under regulation 32, 35, 36, 42, 46 or 50.

(2)An application under this regulation must be in the approved form and must include—

(a)details of the proposed process for managing domestic dogs, cats and other species that are caught in a trap; and

(b)details of—

(i)the actions to be taken by the land manager to identify the animal, and return the animal to, the owner of the animal; and

(ii)the housing, care and management of the animal while it is under the care of the land manager; and

(iii)procedures for the disposal of the animal if its owner cannot be located; and

(c)any other information requested by the Minister relating to the welfare, care and management of the animal by the applicant.

68Granting of approval of process for managing domestic dogs, cats and other species in unincorporated area

(1)On receipt of an application under regulation 67, the Minister may grant an approval to a land manager of an unincorporated area of a process to manage domestic dogs, cats or other species caught in a trap in the specified unincorporated area.

(2)An approval under this regulation is subject to any conditions imposed by the Minister on the approval relating to—

(a)the period that the animals must be held by the land manager before they can be disposed of; and

(b)the care, housing, keeping, management and identification of dogs and cats and other species during that period; and

(c)the procedure for disposal of the animals after that period; and

(d)the keeping of records and the provision of reports to the Minister at intervals specified by the Minister; and

(e)the welfare of the animals held by the land manager.

(3)An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 12—Revocation of approval granted under this Part

69Revocation of approval

(1)The Minister may, by notice in writing to the holder of an approval under regulation 39, 40, 53, 61, 64 or 65, revoke the approval if the Minister is satisfied that any of the grounds set out in subregulation (2) exist.

(2)The grounds for revocation of an approval are—

(a)failure by the holder of the approval to comply with any condition of the approval; or

(b)a contravention by the holder of an approval of these Regulations, the Act, the Wildlife Act 1975, the Catchment and Land Protection Act 1994 or the Fisheries Act 1995.

(i)the name, title, address and employment position of the person;

(ii)the contact details for the person including telephone number, email, address of the person;

(iii)the date of the change to the nominated person;

(iv)a declaration from the person nominated that the person consents to that nomination.

143Minimum standards for premises specified in a specified animals breeding licence

(1)The holder of a specified animals breeding licence must ensure that—

(a)the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

(b)the equipment used for animals undergoing any breeding or practices necessary for the breeding, sale and delivery of specified animals is clean and in good repair.

Penalty:20 penalty units.

(2)The nominee for a specified animals breeding licence must ensure that—

(a)the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

(b)the equipment used for animals undergoing any breeding or practices necessary for the breeding, sale and delivery of specified animals is clean and in good repair.

Penalty:20 penalty units.

Division 4—Records, returns and other requirements

144Obligations as to Animal Ethics Committee members

(1)The Minister may approve, by notice in the Government Gazette, training for members of Animal Ethics Committees.

(2)The training must address obligations and responsibilities of members of Animal Ethics Committees under the Australian Code.

(3)A member appointed to an Animal Ethics Committee on or after 14 December 2019 must, prior to or within 6 months of their appointment, complete a training course approved by the Minister under this regulation.

Penalty:5 penalty units.

145Completion of annual returns

(1)The holder of a scientific procedures premises licence, scientific procedures field work licence or a specified animals breeding licence must, on or before 31 March of each year, send to the Department Head a return containing the following—

(a)details of the animals used in scientific procedures carried out under that licence and (if applicable) specified animals bred under that licence during the 12 months ending on 31 December in the previous year; or

(b)if no animals were used in any procedures under the licence, a statement to that effect.

Penalty:10 penalty units.

(2)For the purposes of subregulation (1)(a), where one or more animals have been assigned to a scientific procedure approved by an Animal Ethics Committee, a return for a scientific procedures premises licence or a scientific procedures field work licence must specify the following matters in the form determined by the Minister—

(a)the name of the licence holder;

(b)the type, name and number of the licence;

(c)the project number given to the project by the relevant Animal Ethics Committee;

(d)the date the project was approved by the relevant Animals Ethics Committee;

(e)the type of animal or animals;

(f)the source of the animal or animals;

(g)the procedure or breeding option for the animal or animals;

(h)the overall purpose of the project;

(i)the impact of the project on the animals used;

(j)the benefit of the project to humans or animals;

(k)the number of animals used;

(l)the number of animals that died, including the number of animals that were humanely destroyed during the project or breeding program.

(3)For the purposes of subregulation (1)(a), where breeding of specified animals has occurred, a return for a scientific procedures premises licence, a scientific procedures field work licence or a specified animals breeding licence for those animals must specify the following matters in the form determined by the Minister—

(a)the name of the licence holder;

(b)the type, name and number of the licence;

(c)the identification number given to the breeding approval by the relevant Animal Ethics Committee;

(d)the date the breeding was approved by the relevant Animals Ethics Committee;

(e)the type of animal;

(f)the source of the animal or animals;

(g)the procedure or breeding option used;

(h)the overall purpose of the breeding;

(i)the impact of the project on the animal or animals;

(j)the benefit of the breeding to humans or animals;

(k)the number of animals used as breeders;

(l)the number of stock animals produced;

(m)the number of animals that died, including the number of animals that were humanely destroyed during the project or breeding program.

(4)The licence holder must not give false or misleading information to the Department Head under subregulation (1).

Penalty:20 penalty units.

(5)The licence holder must send the following documents with the return to the Department Head under subregulation (1)—

(a)a declaration verifying the facts contained in the return; and

(b)a statement of the total number of projects approved by an Animal Ethics Committee under that licence.

Penalty:10 penalty units.

146Return of records

(1)The holder of a scientific procedures premises licence, scientific procedures field work licence or specified animals breeding licence must keep all records required to be kept in accordance with the Australian Code for 4 years.

Penalty:10 penalty units.

(2)If the holder of a scientific procedures premises licence, a scientific procedures field work licence or a specified animals breeding licence ceases to hold the licence, the licence holder must give to the Department Head any records that would otherwise be required to be kept under subregulation (1).

Penalty:10 penalty units.

147Application to vary a licence or licence condition

For the purposes of section 32M(2)(a) of the Act, the prescribed particulars are—

(a)the type, name and number of the licence; and

(b)the name of the licence holder; and

(c)a description of the proposed variation; and

(d)if the proposed variation is to include additional premises for the carrying out of a scientific procedure or a program of scientific procedures under the licence, the following—

(i)a description of the premises;

(ii)a description of the procedure or program of procedures to be carried out at the premises;

(iii)a description of the animals proposed to be used in the procedure or program of procedures.

Part 6—Miscellaneous

Division 1—Identification certificates

148Identification certificates

(1)For the purposes of section 19(1) of the Act, an identification certificate issued—

(a)to a general inspector must be in the form of Schedule 2;

(b)to a specialist inspector must be in the form of Schedule 3.

(2)For the purposes of section 35(4) of the Act, an identification certificate issued to an authorised officer must be in the form of Schedule 4.

Division 2—Fees

149Definition

In this Division—

not-for-profit organisation means an organisation that—

(a)is not established for the purposes of profit or gain; and

(b)has a primary purpose or objective that it is operated not for profit or gain; and

(c)does not distribute any part of the profit or gain made in the conduct of activities by the organisation to any entity; and

(d)has wholly charitable, benevolent, philanthropic or recreational purposes; and

(e)is not a school or an educational institution; and

(f)is not a body which promotes or is funded by horse racing or greyhound racing.

150Fees for rodeo licences, rodeo and rodeo school permits

(1)For the purposes of section 17C(2)(b) of the Act, the fee for the issue of a rodeo licence is 48 fee units.

(2)For the purposes of section 17C(2)(b) of the Act, the fee for the issue of a rodeo permit is 41 fee units.

(3)For the purposes of section 17C(2)(b) of the Act, the fee for the issue of a rodeo school permit is 34 fee units.

151Fees for a scientific procedures premises licence

(1)For the purposes of section 30(2)(b) of the Act, the fee for an application for a scientific procedures premises licence is—

(a)for a licence for the purposes of scientific procedures undertaken by or at a registered school within the meaning of the Education and Training Reform Act 2006—nil;

(b)for a licence for the purposes of scientific procedures undertaken by or at a children's service within the meaning of the Children's Services Act 1996 or an approved education and care service within the meaning of the Education and Care Services National Law (Victoria)—nil;

(c)for a licence for the purposes of scientific procedures undertaken by a not-for-profit organisation that consists of 5 or less full‑time equivalent employees—nil;

(d)for a licence granted for any other purpose—

(i)for a period of one year—38·4 fee units;

(ii)for a period of 2 years—60·9 fee units;

(iii)for a period of 3 years—83·4 fee units;

(iv)for a period of 4 years—105·9 fee units.

(2)For the purposes of section 32J(2)(b) of the Act, the fee for an application for the renewal of a scientific procedures premises licence is—

(a)for a licence for the purposes of scientific procedures undertaken by or at a registered school within the meaning of the Education and Training Reform Act 2006—nil;

(b)for a licence for the purposes of scientific procedures undertaken by or at a children's service within the meaning of the Children's Services Act 1996 or an approved education and care service within the meaning of the Education and Care Services National Law (Victoria)—nil;

(c)for a licence for the purposes of scientific procedures undertaken by a not-for-profit organisation that has 5 or less full-time equivalent employees—nil;

(d)for a licence granted for any other purpose—

(i)for a period of one year—32·4 fee units;

(ii)for a period of 2 years—54·5 fee units;

(iii)for a period of 3 years—76·5 fee units;

(iv)for a period of 4 years—98·6 fee units.

152Fees for a scientific procedures field work licence

(1)For the purposes of section 32B(2)(b) of the Act, the fee for an application for a scientific procedures field work licence is—

(a)for a licence for the purposes of scientific procedures undertaken by or at a registered school within the meaning of the Education and Training Reform Act 2006—nil;

(b)in the case of a licence for the purposes of scientific procedures undertaken by or at a children's service within the meaning of the Children's Services Act 1996 or an approved education and care service within the meaning of the Education and Care Services National Law (Victoria)—nil;

(c)for a licence for the purposes of scientific procedures undertaken by a not-for-profit organisation that has 5 or less full-time equivalent employees—nil;

(d)for a licence granted for any other purpose and for which an Animal Ethics Committee located in Victoria has been nominated and an Animal Ethics Committee located in another State or Territory has not also been nominated—

(i)for a period of one year—32·2 fee units;

(ii)for a period of 2 years—51 fee units;

(iii)for a period of 3 years—69·9 fee units;

(iv)for a period of 4 years—88·8 fee units;

(e)for a licence granted for any other purpose and for which an Animal Ethics Committee that is located in another State or a Territory has been nominated, regardless of whether or not an Animal Ethics Committee located in Victoria has also been nominated—

(i)for a period of one year—37·3 fee units;

(ii)for a period of 2 years—53·1 fee units;

(iii)for a period of 3 years—68·8 fee units;

(iv)for a period of 4 years—84·6 fee units.

(2)For the purposes of section 32J(2)(b) of the Act, the fee for an application for the renewal of a scientific procedures field work licence is—

(a)for a licence for the purposes of scientific procedures undertaken by or at a registered school within the meaning of the Education and Training Reform Act 2006—nil;

(b)for a licence for the purposes of scientific procedures undertaken by or at a children's service within the meaning of the Children's Services Act 1996 or an approved education and care service within the meaning of the Education and Care Services National Law (Victoria)—nil;

(c)for a licence for the purposes of scientific procedures undertaken by a not-for-profit organisation that has 5 or less full-time equivalent employees—nil;

(d)for a licence granted for any other purpose and for which an Animal Ethics Committee located in Victoria has been nominated and an Animal Ethics Committee located in another State or a Territory has not also been nominated—

(i)for a period of one year—27·5 fee units;

(ii)for a period of 2 years—45·9 fee units;

(iii)for a period of 3 years—64·2 fee units;

(iv)for a period of 4 years—82·6 fee units;

(e)for a licence granted for any other purpose and for which an Animal Ethics Committee that is located in another State or a Territory has been nominated, regardless of whether or not an Animal Ethics Committee located in Victoria has also been nominated—

(i)for a period of one year—26·4 fee units;

(ii)for a period of 2 years—41·8 fee units;

(iii)for a period of 3 years—57·1 fee units;

(iv)for a period of 4 years—72·4 fee units.

153Fees for a specified animals breeding licence

(1)For the purposes of section 32F(2)(b) of the Act, the fee for an application for a specified animals breeding licence is—

(a)for a period of one year—35·1 fee units;

(b)for a period of 2 years—54·6 fee units;

(c)for a period of 3 years—74 fee units;

(d)for a period of 4 years—93·4 fee units.

(2)For the purposes of section 32J(2)(b) of the Act, the fee for an application for the renewal of a specified animals breeding licence is—

(a)for a period of one year—29·5 fee units;

(b)for a period of 2 years—48·4 fee units;

(c)for a period of 3 years—67·4 fee units;

(d)for a period of 4 years—86·4 fee units.

154Prescribed manner for determining fees for entry and search and compliance reports

For the purposes of section 36U(2) of the Act, a fee imposed on a licence holder under section 36U(1) of the Act is to be determined in accordance with the following formula—

where—

H₁  is the number of hours, rounded to the nearest quarter of an hour, spent by or on behalf of the Department in carrying out one or more administrative activities in Part 1 of Schedule 6 to prepare a compliance report;

R₁  is 5·6 fee units;

H₂  is the number of hours, rounded to the nearest quarter of an hour, spent by or on behalf of the Department in carrying out one or more compliance monitoring activities in Part 2 of Schedule 6 for the purpose of preparing the compliance report;

R₂  is 10 fee units.

Division 3—Infringements

155Infringement offences

(1)For the purposes of section 37A(1)(b) of the Act, an offence set out in column 1 of Schedule 5 is a prescribed offence.

(2)For the purposes of section 37A(3) of the Act—

(a)the prescribed infringement penalty in respect of an offence against section 15A(2) of the Act is 2 penalty units; and

(b)the prescribed infringement penalty for an offence set out in column 1 of Schedule 5 is the amount set out opposite that offence in column 3 of Schedule 5; and

(c)the description of an offence set out in column 1 of Schedule 5 that may be used in an infringement notice is set out in column 2 of Schedule 5 opposite the corresponding offence.

(3)A summary of an infringement offence in column 2 of Schedule 5 is not to be taken to affect—

(a)the nature or elements of the infringement offence to which the summary refers; or

(b)the operation of these Regulations.

Part 7—Transitional provisions

156Definition

In this Part—

2008 regulations means the Prevention of Cruelty to Animals Regulations 2008, as in force immediately before their revocation.

157Transitional provision—trap-check intervals for large leghold traps

(1)Despite the revocation of the 2008 regulations, a Ministerial approval under regulation 32(2) of the 2008 regulations for the leaving of a trapped animal alive in a large leghold trap for up to 72 hours continues to apply until 31 March 2020, unless it is earlier revoked.

(2)Regulation 38(1) does not apply in circumstances where the approval referred to in subregulation (1) permits the animal to be left alive in a large leghold trap for up to 72 hours.

158Transitional provision—use of leghold traps in urban areas

(1)An approval granted under regulation 27(1)(b) of the 2008 regulations to set or use small leghold traps in an urban area is taken to be an approval granted under regulation 39 until the later of—

(a)31 March 2020; or

(b)the expiry date on the approval—

unless it is earlier revoked.

(2)An approval granted under regulation 31(2) of the 2008 regulations to set or use large leghold traps in an urban area is taken to be an approval granted under regulation 39 until the later of—

(a)31 March 2020; or

(b)the expiry date on the approval—

unless it is earlier revoked.

159Transitional provision—approved rodeo organisations

A rodeo organisation that, immediately before 14 December 2019, was an approved rodeo organisation under the 2008 regulations is taken to be an approved rodeo organisation for the purposes of these Regulations until the later of—

(a)31 May 2020; or

(b)the expiry date on the approval—

unless it is earlier revoked.

Schedule 1—Regulations revoked

Regulation 4

S.R. No.	Title
162/2008	Prevention of Cruelty to Animals Regulations 2008
157/2011	Prevention of Cruelty to Animals Amendment Regulations 2011
37/2013	Prevention of Cruelty to Animals Amendment Regulations 2013
135/2014	Prevention of Cruelty to Animals Amendment Regulations 2014
184/2014	Prevention of Cruelty to Animals Further Amendment Regulations 2014
127/2016	Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016
144/2018	Prevention of Cruelty to Animals Amendment (Electronic Collars) Regulations 2018

Schedule 2—Certificate of identification as a general inspector

Regulation 148(1)(a)

Certificate of identification as a general inspector

The bearer [insert name], who is an employee of the [insert organisation if applicable], and whose photograph and signature appear on this card, is approved as a general inspector under section 18 of the Prevention of Cruelty to Animals Act 1986 and is authorised to exercise the powers of a general inspector under Part 2A and Part 3A of that Act.

Expiry date 30/6/

No.

Minister

Schedule 3—Certificate of identification as a specialist inspector

Regulation 148(1)(b)

Certificate of Identification as a Specialist Inspector

The bearer [insert name], who is an employee of the [insert organisation if applicable], and whose photograph and signature appear on this card, is a specialist inspector appointed under section 18A of the Prevention of Cruelty to Animals Act 1986 and is authorised to exercise the powers of a specialist inspector under Part 2A and Part 3A of that Act.

Expiry date 30/6/

No.

Minister

Schedule 4—Certificate of identification as an authorised officer

Regulation 148(2)

Certificate of Identification as an Authorised Officer

The bearer [insert name], who is an employee of the [insert organisation if applicable], and whose photograph and signature appear on this card, is appointed as an authorised officer under the Prevention of Cruelty to Animals Act 1986 for the purposes of Part 3, Part 3AA and Part 3A of that Act generally or for the following specific purposes:

[insert details]

and is authorised to exercise the powers under Part 3AA and Part 3A of that Act.

Expiry date 30/6/

No.

Minister

Schedule 5—Infringement offences and penalties

Regulation 155

Column 1 Offence	Column 2 Brief description of offence	Column 3 Prescribed infringement penalty
Section 15A(2)	Failure to secure a dog on the tray of a motor vehicle or a trailer attached to a motor vehicle	2 penalty units
Regulation 6(1)	Transport of an animal in a boot of a motor vehicle	2 penalty units
Regulation 6(2)	Leaving an animal unattended in a motor vehicle on a hot day	2·5 penalty units
Regulation 6(4)	Leaving a dog on an unprotected metal tray of motor vehicle on a hot day	2·5 penalty units
Regulation 6(5)	Exceeding time-off-water standards when transporting farm animal or livestock	4 penalty units
Regulation 6(6)	Transportation of farm animal or livestock not able to walk on its own by bearing weight on all legs	3 penalty units
Regulation 6(7)	Transportation of farm animal or livestock in passenger vehicle	2 penalty units
Regulation 7	Tethering of an animal	2 penalty units
Regulation 8(1)	Excessive wool hair of sheep	2·5 penalty units
Regulation 8(2)	Mulesing a sheep without pain relief	3 penalty units
Regulation 9(1)	Possess any dog fighting or cock fighting implement	4 penalty units
Regulation 10	Use any mouthpiece on a horse that is twisted	3 penalty units
Regulation 11	Use a pronged collar on any animal	3 penalty units
Regulation 13(1)	Using fruit netting that does not meet prescribed specifications	2 penalty units
Regulation 13(2)	Sale of fruit netting that does not meet prescribed specifications	4 penalty units
Regulation 14	Placement or use of certain electronic devices on an animal except as prescribed	3 penalty units
Regulation 29(1)	Sale, hire or supply of an electronic collar other than one manufactured for use on cats, dogs or livestock	4 penalty units
Regulation 29(4)	Sale, hire or supply of an electronic collar for use on a cat or dog without recording the required information and providing advice on conditions of use	2 penalty units
Regulation 29(7)	Sale, hire or supply of an electronic collar for use on livestock without recording the required information and obtaining and recording the required evidence	2 penalty units
Regulation 33(2)	Possess a small leghold trap on Crown Land	2 penalty units
Regulation 75(1)	Failure to produce licence or permit on demand	2 penalty units
Regulation 76	Failure to notify Department Head of the details of the rodeo	2 penalty units
Regulation 77(1)	Failure of licence or permit holder to be present at rodeo or rodeo school	2 penalty units
Regulation 77(2)	Failure of licence or permit holder to ensure that veterinary practitioner is present at rodeo or rodeo school	2 penalty units
Regulation 78	Failure to implement the instructions of nominated veterinary practitioner	2 penalty units
Regulation 79(1)	Failure of nominated veterinary practitioner to carry out duties if unable to attend	2 penalty units
Regulation 79(2)	Failure of nominated veterinary practitioner to carry out duties if unable to attend for reason of an emergency	2 penalty units
Regulation 79(3)	Failure of nominated veterinary practitioner to submit report to Department Head detailing condition of animals	2 penalty units
Regulation 80	Failure to notify Department Head of appointed veterinary practitioner	2 penalty units
Regulation 81	Use of animals—other than cattle and horses—in a rodeo or rodeo school	2 penalty units
Regulation 82	Use of an animal weighing less than 200 kg in a rodeo or rodeo school	2 penalty units
Regulation 83	Use of a horse less than 3 years of age in bucking events	2 penalty units
Regulation 84(1)	Use of an animal in rodeo or rodeo school more than 3 times on one day	2 penalty units
Regulation 84(2)	Use of the same cattle for steer wrestling and roping events	2 penalty units
Regulation 85	Failure to have animals inspected prior to use in rodeo or rodeo school	2 penalty units
Regulation 86(1)	Allowing lame, sick, injured or defective animals to be used in a rodeo or rodeo school	4 penalty units
Regulation 88(1)	Failure to have suitable method of transport available for injured animals	2 penalty units
Regulation 89(1)	Failure to have means to humanely destroy a severely injured animal available on site	4 penalty units
Regulation 89(2)	Failure to have a licensed and qualified person available to humanely destroy an animal at all times during a rodeo or rodeo school	4 penalty units
Regulation 90(1)	Failure to keep cattle and horses penned separately	1 penalty unit
Regulation 90(2)	Failure to keep aggressive animals isolated from other animals	2 penalty units
Regulation 91	Failure to ensure areas free of rocks, holes and other obstacles	2 penalty units
Regulation 92	Failure to remove animal after completion of event	1 penalty unit
Regulation 93	Use or yarding of mares with foals at foot or cows with calves at foot	2 penalty units
Regulation 94	Failure to have saddles correctly fitted	1 penalty unit
Regulation 95(1)	Failure to ensure that a rear cinch is not over-tightened	1 penalty unit
Regulation 95(2)	Failure to ensure that the front cinch or girth is a minimum of 12 centimetres in width	1 penalty unit
Regulation 96(1)	Failure to ensure that pads are placed under rigging to protect the animals from abrasion or injury	2 penalty units
Regulation 96(2)	Failure to ensure that pads extend a minimum of 5 centimetres beyond the rigging	1 penalty unit
Regulation 97(1)	Over-tightening flank straps and ropes in chute	2 penalty units
Regulation 97(2)	Failure to use flank straps that have a quick-release device	2 penalty units
Regulation 97(3)	Failure to use flank straps that are lined to effectively prevent injury or undue discomfort to the animal	2 penalty units
Regulation 97(4)	Failure to use protective horn wraps in roping events	2 penalty units
Regulation 99(1)	Use of paddle or spur rowels that are not free-running when riding a horse	1 penalty unit
Regulation 99(2)	Wear or use of spur rowels that are incapable of at least half a turn when riding a bull	1 penalty unit
Regulation 99(3)	Wear or use of spur rowels that are not dulled and a minimum of 3 millimetres in width at the narrowest part	1 penalty unit
Regulation 99(4)	Wear or use of spur rowels that are not a minimum of 2 centimetres to the point of the rowel	1 penalty unit
Regulation 100	Use of sharp objects in equipment	3 penalty units
Regulation 101(1)	Pull a roped animal backward off its feet	3 penalty units
Regulation 101(2)	Allowing a roped animal to be dragged	3 penalty units
Regulation 102	Use of animals other than cattle and horses at a rodeo or rodeo school	2 penalty units
Regulation 103(1)	No vehicles are allowed in the arena while a rodeo or rodeo school is being held, except as required in an emergency	2 penalty units
Regulation 104(1)	Use of fireworks during a rodeo	3 penalty units
Regulation 104(2)	Use of fireworks at the premises of a rodeo school while the school is being held	3 penalty units
Regulation 144	Failure to complete mandatory Animal Ethics Committee training within required timeframe from appointment	1·5 penalty units
Regulation 145(1)	Failure of a licence holder to forward to the Department Head an annual return on animal use	2 penalty units
Regulation 145(4)	Providing false or misleading information for annual returns under regulation 145(1)	4 penalty units
Regulation 145(5)	Failure of a licence holder to forward to the Department Head a declaration verifying the facts contained in a return	2 penalty units
Regulation 146(1)	Failure of a licence holder to keep all records required under the licence for 4 years	2 penalty units

Schedule 6

Regulation 154

Part 1—Activities for preparation of a compliance report

Item No.

Column 1

Activity

1

Communicating with the holder of a licence under Part 3 of the Act or representatives of the licence holder to carry out compliance monitoring activities

2

Allocating and administering an authorised officer for the carrying out of compliance monitoring activities and preparation of a compliance report

3

Preparing a brief for the carrying out of compliance monitoring activities

4

Distributing a compliance report to an advisory panel or the licence holder

5

Issuing an invoice to the licence holder for the carrying out of compliance monitoring activities and preparation of a compliance report

Part 2—Compliance monitoring activities for the purpose of preparing a compliance report

Item No.

Column 1

Compliance monitoring activity

1

Conducting a risk assessment to determine the activities required to assess compliance

2

Carrying out an entry and search of premises under section 36A of the Act

3

Travel from and to the office of the Department to carry out an entry and search

4

Examining and testing any samples taken in the course of an entry and search

5

Conducting an interview with any person who engages in licensed activities under Part 3 of the Act or who maintains premises to which a licence applies

6

Reviewing documentation of a licence holder

7

Attending a meeting of an Animal Ethics Committee

8

Writing a compliance report

9

Review of a draft compliance report by an advisory panel or the Department Head

═════════════

Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Prevention of Cruelty to Animals Regulations 2019, S.R. No. 133/2019 were made on 10 December 2019 by the Governor in Council under section 42 of the Prevention of Cruelty to Animals Act 1986, No. 46/1986 and came into operation as follows:

Regulations 1−8(1), 9−12, 14−159 on 14 December 2019: regulation 3(1); regulation 8(2) on 1 July 2020: regulation 3(2); regulation 13 on 1 September 2021: regulation 3(3).

The Prevention of Cruelty to Animals Regulations 2019 will sunset 10 years after the day of making on 10 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Prevention of Cruelty to Animals Regulations 2019 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 133/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, definition of Australian Code	National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, 8th edition published 26 June 2013 by the National Health and Medical Research Council, Canberra	The whole
Regulations 108, 109(2), 111(2), 115(1), 115(2), 121, 122(2), 124(2), 127(1), 127(2), 132(d), 134(b), 135(2), 137(2), 141(1), 141(2), 144(2), 146(1).
Regulation 5, definition of Laboratory Animals Code of Practice	Code of Practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits, approved by the Governor in Council on 12 October 2004 and published in the Victorian Government Gazette G51 on 16 December 2004 at pages 3419–3461	The whole
Regulations 108, 115, 121, 127, 134 and 141
Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, definitions of Land Transport Standard, livestock Regulation 6(5)	Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock, 1st edition published by Animal Health Australia 2012, Canberra	The whole
Regulation 5, definition of mules	Australian Animal Welfare Standards and Guidelines for Sheep 1st edition published by Animal Health Australia, 2014, Canberra	The whole
Regulation 5, definition of Victorian Code of Practice for Training Dogs and Cats to wear Electronic Collars	Victorian Code of Practice for Training Dogs and Cats to Wear Electronic Collars, published in the Government Gazette G48 on 1 December 2011 at pages 2853 to 2860	The whole
Regulations 24(1)(e), 27(3)