Untitled document

Prevention of Cruelty to Animals (Amendment) Regulations 2004

S.R. No. 63/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Insertion of new regulations 7B, 7C, 7D and 7E

7B. Firing of horses prohibited

7C. Possession of dog and cock fighting implements prohibited

7D.Use of pronged collars prohibited

7E. Use of certain electronic collars prohibited

6.New regulation 10 substituted

10. Restrictions on the conduct of rodeos and rodeo schools

7.Certain procedures not scientific procedures

8.Inclusion of references to approved organisations

9.Amendment of references to veterinary surgeon

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 63/2004

Prevention of Cruelty to Animals Act 1986

Prevention of Cruelty to Animals (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 22 June 2004

Responsible Minister:

BOB CAMERON
Minister for Agriculture

DIANE CASEY

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Prevention of Cruelty to Animals Regulations 1997 to—

(a)prohibit the use of certain procedures and devices on animals;

(b)prohibit the possession of dog or cock fighting implements;

(c)require the nomination of accredited stock contractors and rodeo school instructors in permit applications;

(d)provide that certain procedures relating to live fish fall within the definition of "scientific procedures" under the Act;

(e)update certain references.

2.Authorising provision

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

3.Commencement

These Regulations come into operation on the day after the day on which they are made.

4.Principal Regulations

In these Regulations, the Prevention of Cruelty to Animals Regulations 1997[1] are called the Principal Regulations.

5.Insertion of new regulations 7B, 7C, 7D and 7E

After regulation 7A of the Principal Regulations insert—

"7B.Firing of horses prohibited

A person must not use the procedure of the firing of horses.

Penalty:5 penalty units.

7C.Possession of dog and cock fighting implements prohibited

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

Penalty:5 penalty units.

(2)Sub-regulation (1) does not apply to a person who possesses a dog fighting implement or a cock fighting implement for the purposes of displaying it in a museum that is open to the general public.

7D.Use of pronged collars prohibited

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

Penalty:5 penalty units

7E.Use of certain electronic collars prohibited

(1)A person must not use an electronic dog training collar that can impart an electric shock on a dog or any other animal except in the circumstances in sub-regulation (2).

Penalty:5 penalty units.

(2)Sub-regulation (1) does not apply to a person who uses an electronic dog training collar on a dog—

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

(b)the person is—

(i)a veterinary practitioner; or

(ii)acting on the instructions of a veterinary practitioner; or

(iii)a qualified dog trainer (within the meaning of regulation 13(2) of the Domestic (Feral and Nuisance) Animals Regulations 1996[2]); or

(iv)acting under the supervision of a qualified dog trainer (within the meaning of regulation 13(2) of the Domestic (Feral and Nuisance) Animals Regulations 1996).".

6.New regulation 10 substituted

For regulation 10 of the Principal Regulations, substitute—

"10.Restrictions on the conduct of rodeos and rodeo schools

(1)A person who proposes to conduct a rodeo must, in the application for a permit—

(a)nominate a veterinary practitioner who will attend the rodeo in accordance with the conditions of the permit; and

(b)nominate a stock contractor who—

(i)is accredited by an organisation approved by the Minister; and

(ii)has agreed to arrange for the supply of stock to be used at the rodeo; and

(c)specify the name of the organisation approved by the Minister.

(2)A person must not conduct a rodeo using any animals except those provided by a stock contractor nominated in accordance with sub-regulation (1)(b).

(3)A person who proposes to conduct a rodeo school, must, in the application for a permit—

(a)nominate a veterinary practitioner who will attend the rodeo school in accordance with the conditions of the permit; and

(b)nominate a stock contractor who—

(i)is accredited by an organisation approved by the Minister; and

(ii)has agreed to arrange for the supply of stock to be used at the rodeo school; and

(c)nominate an instructor-in-charge who is accredited by the organisation; and

(d)for each class of instruction, nominate an instructor who is accredited by the organisation; and

(e)specify the name of the organisation.

(4)A person must not conduct a rodeo school using any animals except those provided by a stock contractor nominated in accordance with sub-regulation (3)(b).

(5)For the purposes of sub-regulation (1) or (3) the Minister may approve an organisation if satisfied that—

(a)the organisation consists of members of the rodeo industry and represents the interests of the rodeo industry; and

(b)the objectives of the organisation provide for the welfare of livestock used in rodeos and rodeo schools.".

7.Certain procedures not scientific procedures

In regulation 11 of the Principal Regulations, omit "live fish or".

8.Inclusion of references to approved organisations

In the Principal Regulations—

(a)in Schedule 2, after "for the rodeo." insert "Name of the organisation that has accredited the stock contractor:";

(b)in Schedule 4—

(i)after "rodeo school." insert "Name of the organisation that has accredited the stock contractor:";

(ii)after "(Name of instructor)" insert "Name of organisation that has accredited each instructor:".

9.Amendment of references to veterinary surgeon

In the Principal Regulations—

(a)in Schedule 2, for "veterinary surgeon" (where twice occurring) substitute "veterinary practitioner";

(b)in Schedule 3—

(i)for "Veterinary surgeon" substitute "Veterinary practitioner";

(ii)for "veterinary surgeon" (wherever occurring) substitute "veterinary practitioner";

(c)in Schedule 4, for "veterinary surgeon" (where twice occurring) substitute "veterinary practitioner";

(d)in Schedule 5—

(i)for "Veterinary surgeon" substitute "Veterinary practitioner";

(ii)for "veterinary surgeon" (wherever occurring) substitute "veterinary practitioner".

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ENDNOTES

[1] Reg. 4: S.R. No. 159/1997.  Reprint No. 1 as at 1 November 2002.  Reprinted to S.R. No. 65/2001.  Subsequently amended by S.R. No. 23/2004.

[2] Reg. 5: S.R. No. 25/1996.  Reprint No. 1 as at 18 March 2004.  Reprinted to S.R. No. 39/2003.