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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Territory and Municipal Services)
Animal Welfare (Factory Farming) Amendment Bill 2013
A Bill for
An Act to amend the
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Animal Welfare (Factory Farming) Amendment Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
.
The
(A1997-45) is repealed.
Part 2 Animal Welfare Act 1992
insert
9A Battery cages for commercial egg production
(1) A person commits an offence if the person keeps a laying fowl for commercial egg production in a battery cage.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
battery cage means a cage for housing a laying fowl that does not allow the fowl to do all of the following, whether because of the cage itself (including its dimensions) or things in the cage (including another laying fowl):
(a) fully stretch;
(b) perch;
(c) access litter;
(d) lay eggs in a nest.
commercial egg production does not include egg production by a person the main purpose of which is the production of eggs for the person’s own consumption.
laying fowl means a female domesticated chicken (Gallus gallus) that is 16 weeks old or older.
insert
9B Keeping pigs—appropriate accommodation
(1) A person commits an offence if—
(a) the person keeps a pig; and
(b) the pig is not kept in appropriate accommodation.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
appropriate accommodation, for a pig kept by a person, means accommodation—
(a) that allows the pig to—
(i) turn around, stand up and lie down without difficulty; and
(ii) have a clean, comfortable and adequately drained place in which it can lie down; and
(iii) maintain a comfortable temperature; and
(iv) have outdoor access; and
(b) if the accommodation is for more than 1 pig—that allows each pig in the accommodation to lie down at the same time; and
(c) if the person keeps more than 1 pig—that allows the pig to see another pig except if—
(i) the pig is isolated on the advice of a veterinary surgeon; or
(ii) it is a week before, or during, farrowing for the pig.
insert
9C Removing or trimming beak of fowl
(1) A person commits an offence if the person removes or trims the beak of a fowl.
Maximum penalty: 50 penalty units.
(2) This section does not apply to a veterinary surgeon who removes or trims the beak for a therapeutic purpose.
(3) An offence against this section is a strict liability offence.
(4) In this section:
fowl means a female domesticated chicken (Gallus gallus).
8 Exception—conduct in accordance
with approved code of practice or mandatory code of practice
New
section 20 (aa)
before section 20 (a), insert
(aa) section 9A (Battery cages for commercial egg production);
before section 20 (a), insert
(ab) section 9B (Keeping pigs—appropriate accommodation);
before section 20 (a), insert
(ac) section 9C (Removing or trimming beak of fowl);
insert
Part 12 Transitional—Animal Welfare (Factory Farming) Amendment Act 2013
120 Existing commercial egg producer
(1) This section applies if—
(a) a person and the Territory are parties to an agreement (however described) before the day this section commences; and
(b) the agreement includes a condition (however described) about the conversion of the person’s facility for producing eggs from battery cages to a barn system.
(2) Section 9A (Battery cages for commercial egg production) does not apply to the person until 16 May 2016.
(3) Also, the following provisions of the Animal Welfare Regulation 2001
apply to the person until 16 May 2016 as if they had not been repealed:
(a) section 8, definition of floor area;
(b) section 11 (Offence—failure to comply with multi-deck structure requirements);
(c) section 13 (Offence—failure to comply with cage height requirements);
(d) section 15 (Offence—failure to provide minimum cage floor area for 1 laying fowl);
(e) section 16 (Offence—failure to provide minimum cage floor area for 2 laying fowl);
(f) section 17 (Offences—failure to provide minimum cage floor area for 3 or more laying fowl);
(g) the dictionary, definition of floor area.
121 Expiry—pt 12
This part expires on 16 May 2016.
Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
Part 3 Animal Welfare Regulation 2001
12 Definitions—pt
6
Section 8, definition of floor area
omit
13 Sections 11, 13, 15, 16 and 17
omit
14 Dictionary, definition of floor area
omit
Part 4 Domestic Animals Act 2000
15 Dictionary, definition of animal welfare offence, new paragraph (da)
insert
(da) section 9A (Battery cages for commercial egg production);
16 Dictionary, definition of animal welfare offence, new paragraph (db)
insert
(db) section 9B (Keeping pigs—appropriate accommodation);
17 Dictionary, definition of animal welfare offence, new paragraph (dc)
insert
(dc) section 9C (Removing or trimming beak of fowl);
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 19 September 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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