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This is a Bill, not an Act. For current law, see the Acts databases.


ANIMAL WELFARE (MISCELLANEOUS) AMENDMENT BILL 2016

South Australia

Animal Welfare (Miscellaneous) Amendment Bill 2016

A BILL FOR

An Act to amend the Animal Welfare Act 1985


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Animal Welfare Act 1985


4Amendment of section 3—Interpretation


5Insertion of section 4


4Application of Act in relation to fish


6Amendment of section 15A—Duty of person in charge of vehicle in case of accidents involving animals


7Insertion of section 13A


13AKeeping of certain animals in tanks prohibited without approval of Minister


8Amendment of section 38—Offences by bodies corporate



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Animal Welfare (Miscellaneous) Amendment Act 2016.

2—Commencement

This Act will come into operation 3 months after the day on which it is assented to by the Governor.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Animal Welfare Act 1985

4—Amendment of section 3—Interpretation

Section 3, definition of animal—delete the definition and substitute:

animal means a member of any species of the sub-phylum vertebrata but does not include a human being;

5—Insertion of section 4

After section 3 insert:

4—Application of Act in relation to fish

(1) Except where a provision of this Act expressly provides otherwise, this Act applies to all fish.

(2) This Act does not limit the operation of the Fisheries Management Act 2007


or the Aquaculture Act 2001


.

(3) This Act does not operate to render unlawful commercial fishing, recreational fishing or Aboriginal traditional fishing (all within the meaning of the Fisheries Management Act 2007


).

(4) This Act does not operate to render unlawful aquaculture undertaken pursuant to the Aquaculture Act 2001


.

(5) This Act does not apply to, or in relation to, an act or omission that is authorised or required to be taken under the Natural Resources Management Act 2004


or any other Act.

Note—

For example, a requirement that European carp not be returned to the water.

6—Amendment of section 15A—Duty of person in charge of vehicle in case of accidents involving animals

Section 15A—after its present contents (now to be designated as subsection (1)) insert:

(2) This section does not apply in relation to fish or other aquatic animals.

7—Insertion of section 13A

After section 13 insert:

13A—Keeping of certain animals in tanks prohibited without approval of Minister

(1) Subject to this section, the Minister may, on application, grant an approval to a person to keep a prescribed animal in a tank.

(2) An application for approval—

(a) must be made in a manner and form determined by the Minister; and

(b) must be accompanied by such plans and other information as the Minister may reasonably require; and

(c) must be accompanied by the prescribed fee.

(3) The Minister must not grant an approval unless he or she has consulted with, and has the approval of, the Society in respect of the living conditions in which the applicant proposes to keep the prescribed animal.

(4) An approval under this section—

(a) may be conditional or unconditional; and

(b) must comply with any other requirements set out in the regulations; and

(c) remains in force until surrendered or revoked under this Act.

(5) The Minister may, by notice in writing, vary or revoke an approval if he or she is of the opinion that the welfare of any prescribed animal kept pursuant to the approval is at risk, or for any other reason he or she thinks fit.

(6) A person must not keep a prescribed animal in a tank except with the approval of the Minister.

Maximum penalty: $20 000 or imprisonment for 2 years.

(7) A person must not knowingly allow a prescribed animal to be kept in contravention of subsection (6)


on premises, or in a place, owned or occupied by him or her.

Maximum penalty: $20 000 or imprisonment for 2 years.

(8) In this section—

prescribed animal means—

(a) a marine mammal of the order Cetacea; and

Note—

This includes all whales, dolphins and porpoises.

(b) a fish of the class Chondrichthyes (other than an animal of a species declared by the regulations not to be included in the ambit of this paragraph); and

Note—

This includes all sharks and rays.

(c) any other animal prescribed by the regulations for the purposes of this section;

tank includes pool, pond, dam, pen or other confined area (however described).

8—Amendment of section 38—Offences by bodies corporate

Section 38(4), definition of prescribed offence, (a)—after "13(1) or (2)" insert:

, 13A(6) or (7)

 


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