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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Animal Welfare Amendment Bill 2017
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 5 amended 2
6. Part 3 heading replaced 3
Part 3 -- Welfare, safety and health of animals
7. Part 3 Divisions 1 and 2 inserted 3
Division 1 -- Objects of this Part
18A. Objects of Part 3
Division 2 -- Regulations about animal welfare,
safety and health
18B. Regulations -- animal welfare, safety and
health 3
8. Part 3 Division 3 heading inserted 5
Division 3 -- Cruelty and other inhumane and
improper treatment of animals
9. Section 19 amended 5
10. Section 25 amended 6
11. Section 25A inserted 6
25A. Defence -- prescribed in regulations 6
12. Section 29 amended 6
13. Section 30 amended 6
14. Section 35A inserted 7
35A. Designated general inspectors 7
15. Section 37 amended 8
16. Section 38 amended 8
17. Section 39 amended 8
18. Section 84 amended 9
19. Section 94 amended 9
33--1 page i
Western Australia
LEGISLATIVE COUNCIL
Animal Welfare Amendment Bill 2017
A Bill for
An Act to amend the Animal Welfare Act 2002.
The Parliament of Western Australia enacts as follows:
page 1
Animal Welfare Amendment Bill 2017
s. 1
1 1. Short title
2 This is the Animal Welfare Amendment Act 2017.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Animal Welfare Act 2002.
11 4. Section 3 amended
12 Before section 3(1)(a) insert:
13
14 (aa) regulating the conduct of people in relation to
15 animals, including the manner in which animals
16 are treated, cared for and managed; and
17
18 5. Section 5 amended
19 (1) In section 5(1) insert in alphabetical order:
20
21 designated general inspector means a general
22 inspector designated under section 35A(1) as a
23 designated general inspector;
24 prescribed code of practice means a code of practice
25 prescribed for the purposes of the section in which the
26 term is used;
27
page 2
Animal Welfare Amendment Bill 2017
s. 6
1 (2) In section 5(1) in the definition of code of practice delete
2 "practice adopted" and insert:
3
4 practice (however described) adopted
5
6 6. Part 3 heading replaced
7 Delete the heading to Part 3 and insert:
8
9 Part 3 -- Welfare, safety and health of animals
10
11 7. Part 3 Divisions 1 and 2 inserted
12 At the beginning of Part 3 insert:
13
14 Division 1 -- Objects of this Part
15 18A. Objects of Part
16 The objects of this Part are --
17 (a) to promote and protect the welfare, safety and
18 health of animals; and
19 (b) to ensure animals are properly and humanely
20 treated, cared for and managed.
21 Division 2 -- Regulations about animal welfare, safety
22 and health
23 18B. Regulations -- animal welfare, safety and health
24 (1) Without limiting section 94(1), regulations may be
25 made under that subsection for the purpose of
26 achieving the objects of this Part.
page 3
Animal Welfare Amendment Bill 2017
s. 7
1 (2) Without limiting subsection (1), the regulations may
2 provide for, authorise, prescribe, require, prohibit,
3 restrict or otherwise regulate the following --
4 (a) the treatment, care and handling of animals;
5 (b) animal accommodation;
6 (c) the transportation of animals;
7 (d) the keeping of animals;
8 (e) the husbandry of animals;
9 (f) the identification of animals;
10 (g) the medical or surgical treatment of animals;
11 (h) facilities and equipment used in relation to
12 animals;
13 (i) the destruction and slaughtering of animals;
14 (j) the control of animals, including pest animals;
15 (k) farming or grazing activities;
16 (l) the management of zoos, wildlife parks or
17 similar establishments;
18 (m) the management of animal breeding
19 establishments;
20 (n) the training of animals;
21 (o) the sale of animals;
22 (p) the use of animals for commercial, recreational
23 or other purposes;
24 (q) the qualifications and experience of persons
25 dealing with animals.
26
page 4
Animal Welfare Amendment Bill 2017
s. 8
1 8. Part 3 Division 3 heading inserted
2 Before section 19 insert:
3
4 Division 3 -- Cruelty and other inhumane and
5 improper treatment of animals
6
7 9. Section 19 amended
8 (1) After section 19(3)(f) insert:
9
10 (fa) has a prescribed act carried out on, or in
11 relation to, it; or
12
13 (2) After section 19(3) insert:
14
15 (4) Sections 20 to 30 provide for defences to a charge
16 under this section, however, where the regulations so
17 provide, a defence provided under section 21, 22, 23,
18 24 or 25 does not apply to a charge under
19 subsection (1) committed in a prescribed manner or in
20 prescribed circumstances.
21
22 (3) In section 19(3) after each of paragraphs (a) to (h) insert:
23
24 or
25
page 5
Animal Welfare Amendment Bill 2017
s. 10
1 10. Section 25 amended
2 In section 25 delete "relevant" and insert:
3
4 prescribed
5
6 Note: The heading to amended section 25 is to read:
7 Defence -- prescribed code of practice
8 11. Section 25A inserted
9 After section 25 insert:
10
11 25A. Defence -- prescribed in regulations
12 It is a defence to a charge under section 19(1) for a
13 person to prove that the person was acting in
14 accordance with a prescribed defence.
15
16 12. Section 29 amended
17 In section 29 delete "manner." and insert:
18
19 manner or in prescribed circumstances.
20
21 13. Section 30 amended
22 In section 30 delete "manner." and insert:
23
24 manner or in prescribed circumstances.
25
page 6
Animal Welfare Amendment Bill 2017
s. 14
1 14. Section 35A inserted
2 After section 35 insert:
3
4 35A. Designated general inspectors
5 (1) The Minister may, by written notice, designate a
6 general inspector, other than a police officer, as a
7 designated general inspector.
8 (2) A designation under subsection (1) remains in force for
9 the period specified in the notice of designation unless
10 before then --
11 (a) the designation is cancelled; or
12 (b) the inspector ceases to be a general inspector.
13 (3) The Minister may, by written notice, restrict the
14 authority of a designated general inspector to exercise a
15 power under section 38(1A) or 39(1A) by limiting all
16 or any of the following --
17 (a) the places where a power may be exercised;
18 (b) the times when a power may be exercised;
19 (c) the circumstances in which a power may be
20 exercised.
21 (4) When the authority of a designated general inspector is
22 restricted under subsection (3) the powers conferred on
23 the inspector under sections 38(1A) and 39(1A) are
24 limited to the extent set out in the notice.
25 (5) A restriction under subsection (3) --
26 (a) may be imposed when the inspector is
27 designated under subsection (1) or at a later
28 time; and
29 (b) may be varied or cancelled by the Minister by
30 written notice to the inspector.
31
page 7
Animal Welfare Amendment Bill 2017
s. 15
1 15. Section 37 amended
2 (1) After section 37(1)(a) insert:
3
4 (aa) if the inspector is a designated general
5 inspector, to monitor compliance with Part 3,
6 court orders under section 55(1) and directions
7 given under section 40(1) or 47(1); and
8
9 (2) In section 37(1) after each of paragraphs (a) and (b) insert:
10
11 and
12
13 16. Section 38 amended
14 (1) After section 38(1) insert:
15
16 (1A) An inspector who is a designated general inspector
17 may also enter a non-residential place at any time to
18 carry out a function under section 37(1)(aa).
19
20 (2) In section 38(2) after "or (e)" insert:
21
22 or (1A)
23
24 17. Section 39 amended
25 (1) After section 39(1) insert:
26
27 (1A) An inspector who is a designated general inspector
28 may also enter a vehicle that is not a residence at any
29 time to carry out a function under section 37(1)(aa).
30
page 8
Animal Welfare Amendment Bill 2017
s. 18
1 (2) In section 39(2) after "or (c)" insert:
2
3 or (1A)
4
5 18. Section 84 amended
6 In section 84:
7 (a) after "Part 3" insert:
8
9 Division 3
10
11 (b) delete "relevant" and insert:
12
13 prescribed
14
15 Note: The heading to amended section 84 is to read:
16 Breach of prescribed code of practice not sufficient to prove
17 cruelty
18 19. Section 94 amended
19 In section 94(2):
20 (a) delete "subsection (1) regulations made under this
21 section may --" and insert:
22
23 subsection (1), the regulations may do any of the
24 following --
25
page 9
Animal Welfare Amendment Bill 2017
s. 19
1 (b) in paragraph (d) after "practice" insert:
2
3 (however described)
4
5 Note: The heading to amended section 94 is to read:
6 Regulations -- general power
7
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