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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Animal Welfare Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Content and intent 2
4. Act binds the Crown 3
5. Interpretation 3
Part 2 -- Use of animals for scientific
purposes
6. Unlicensed use of animals for scientific purposes
prohibited 7
7. Carrying on business supplying animals for scientific
purposes 7
8. Application for issue or renewal of licence 8
9. Matters to be considered 8
10 . Minister to issue or renew or decline to issue or renew 9
11 . Conditions on licences 10
12 . Further conditions may be imposed 11
13 . Licensee to ensure staff and students comply with
conditions 11
14 . Display of licence and code of practice 11
15 . Duration of a licence 12
16 . Licence not transferable 12
page i
41--1
Animal Welfare Bill 2001
Contents
17 . Suspension and revocation 13
18 . Register of licences 14
Part 3 -- Offences against animals
19 . Cruelty to animals 16
20 . Defence -- self-defence or protecting another person
or an animal 17
21 . Defence -- veterinary care 18
22 . Defence -- authorised by law 19
23 . Defence -- normal animal husbandry 19
24 . Defence -- killing pests 19
25 . Defence -- code of practice 20
26 . Defence -- stock fending for itself 20
27 . Defence -- releasing animals into the wild 21
28 . Defence -- where person in charge is not in actual
custody 21
29 . Defence -- prescribed use of devices 22
30 . Defence -- prescribed surgical or similar operations,
practices and activities 22
31 . Possession of things intended to inflict cruelty 22
32 . Shooting, hunting or fighting captive animals 23
Part 4 -- Inspectors
Division 1 -- Appointment of inspectors
33 . Appointment of general inspectors 25
34 . Appointment of scientific inspectors 26
35 . Restricted appointments 27
36 . Identification card 28
Division 2 -- Functions and powers of inspectors
37 . Functions and powers of inspectors 28
38 . Power to enter a place 29
39 . Power to enter vehicles 31
40 . Care of animals 31
41 . Humane destruction of animals 32
42 . Seizure of animals 32
43 . Seizure of other property 33
44 . Dealing with seized property 33
page ii
Animal Welfare Bill 2001
Contents
45 . Dealing with seized fauna 35
46 . Power to require information 35
47 . Other powers of inspectors 35
48 . Performance of an inspector's functions 37
Division 3 -- Additional powers of scientific
inspectors
49 . Direction to suspend use and referral to animal ethics
committee 38
50 . Directions to licensees and their staff 39
51 . Power to require information 40
52 . Advice regarding licensing matters 40
53 . Attendance at meetings of animal ethics committees 41
Part 5 -- Enforcement
Division 1 -- Additional court orders
54 . Court may order a post mortem 42
55 . Orders additional to penalty 42
56 . Order for reimbursement of costs 44
57 . Order for retention of seized property 45
58 . Costs 46
Division 2 -- Warrants
59 . Grounds for a search warrant 46
60 . Grounds for a warrant to seize animal 47
61 . Form of warrant 47
62 . Urgent warrants 47
Division 3 -- Infringement notices
63 . Interpretation for Division 3 48
64 . Appointment of authorised persons 48
65 . Giving infringement notices 49
66 . Content of infringement notice 49
67 . Extension of time to pay 50
68 . Withdrawal of infringement notice 50
69 . Benefit of paying modified penalty 50
70 . Application of modified penalties paid 50
page iii
Animal Welfare Bill 2001
Contents
Division 4 -- Review of decisions and appeals
71 . Interpretation for Division 4 51
72 . Aggrieved person may make an objection 52
73 . Dealing with an objection 52
74 . Aggrieved person may appeal 53
75 . Dealing with an appeal 54
Division 5 -- Offences
76 . Misleading information 55
77 . Obstruction of inspectors 55
78 . Pretending to be an inspector 55
79 . Continuing offences 55
80 . Liability of officers for offence by body corporate or
scientific establishments 56
81 . Partnerships 57
Division 6 -- General
82 . Commencement of proceedings for offences 58
83 . Evidentiary provisions 59
84 . Breach of code of practice not sufficient to prove
cruelty 60
85 . Death of animal not sufficient to prove cruelty 60
86 . Application of fines 60
87 . Disposal of forfeited property 61
88 . Penalties for body corporate 61
Part 6 -- Miscellaneous
89 . General power of Director General 62
90 . Delegation 62
91 . Improper use of information 62
92 . Protection from liability 63
93 . Owner may claim compensation for injury or death 63
94 . Regulations 65
page iv
Animal Welfare Bill 2001
Contents
Part 7 -- Repeal, consequential
amendments and transitional
provisions
95 . Act repealed 66
96 . Fish Resources Management Act 1994 amended 66
97 . Wildlife Conservation Act 1950 amended 67
98 . Transitional 68
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
Animal Welfare Bill 2001
A Bill for
An Act to provide for the welfare, safety and health of animals, to
regulate the use of animals for scientific purposes, and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Animal Welfare Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Animal Welfare Act 2001.
2. Commencement
5 (1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. Content and intent
(1) This Act provides for the protection of animals by --
10 (a) regulating the people who may use animals for scientific
purposes, and the manner in which they may be used;
and
(b) prohibiting cruelty to, and other inhumane or improper
treatment of, animals.
15 (2) This Act intends to --
(a) promote and protect the welfare, safety and health of
animals;
(b) ensure the proper and humane care and management of
all animals in accordance with generally accepted
20 standards; and
(c) reflect the community's expectation that people who are
in charge of animals will ensure that they are properly
treated and cared for.
page 2
Animal Welfare Bill 2001
Preliminary Part 1
s. 4
4. Act binds the Crown
This Act binds the Crown in right of the State and, so far as the
legislative power of Parliament permits, in all its other
capacities.
5 5. Interpretation
(1) In this Act --
"Agriculture WA" means the department of the Public Service
principally assisting with the administration of the
Agriculture Act 1988;
10 "animal" means --
(a) a live vertebrate; or
(b) a live invertebrate of a prescribed kind,
other than a human or a fish (as defined in the Fish
Resources Management Act 1994);
15 "animal ethics committee" means an animal ethics committee
established by a scientific establishment in accordance with
the scientific use code;
"CALM" means the department of the Public Service
principally assisting with the administration of the
20 Conservation and Land Management Act 1984;
"code of practice" means a code of practice adopted under
section 94(2)(d);
"Department" means the department of the Public Service
principally assisting the Minister in the administration of
25 this Act;
"Director General" means the chief executive officer of the
Department;
"fauna" has the same meaning as in the Wildlife Conservation
Act 1950;
page 3
Animal Welfare Bill 2001
Part 1 Preliminary
s. 5
"Fisheries Western Australia" means the department of the
Public Service principally assisting with the administration
of the Fish Resources Management Act 1994;
"general inspector" means a police officer or a person
5 appointed as a general inspector under section 33;
"harm" includes --
(a) injury;
(b) pain; and
(c) distress evidenced by severe, abnormal physiological
10 or behavioural reactions;
"inspector" means a general inspector or a scientific inspector;
"licence" means a licence issued under Part 2;
"non-residential place" --
(a) means any place except a building, vehicle or other
15 structure in which a person ordinarily lives; and
(b) includes gardens, yards or other land surrounding,
and sheds or other outbuildings near, such a building
or other structure;
"person in charge", in relation to an animal, means --
20 (a) the owner of the animal;
(b) a person who has actual physical custody or control
of the animal;
(c) if the person referred to in paragraph (b) is a member
of staff of another person, that other person; or
25 (d) the owner or occupier of the place or vehicle where
the animal is or was at the relevant time;
"place" means anywhere at all, whether or not that place can be
moved, but does not include a vehicle;
page 4
Animal Welfare Bill 2001
Preliminary Part 1
s. 5
"RSPCA" means The Royal Society for the Prevention of
Cruelty to Animals, Western Australia (Incorporated);
"scientific establishment" means a person who uses, or whose
staff or students use, animals for scientific purposes;
5 "scientific inspector" means a person appointed as a scientific
inspector under section 33(5) or 34;
"scientific purposes" means acquiring, developing or
demonstrating knowledge or techniques in a scientific
discipline, other than in prescribed circumstances, and
10 includes --
(a) teaching;
(b) research;
(c) product development or testing; and
(d) carrying out a prescribed activity;
15 "scientific use code" means the prescribed code of practice for
the care and use of animals for scientific purposes;
"staff ", in relation to a person, includes --
(a) all the people working for, or engaged by, that person
whether as officers, employees, agents, contractors,
20 volunteers or in any other capacity;
(b) if the person is a scientific establishment, all the
people who use the establishment's facilities for
scientific purposes;
(c) if the person is a body corporate, its directors,
25 secretary and executive officers; and
(d) if the person is a partnership, the partners;
"vehicle" includes a train, vessel, aircraft and any other thing
used as a means of transport;
"veterinary surgeon" means a veterinary surgeon registered
30 under the Veterinary Surgeons Act 1960.
page 5
Animal Welfare Bill 2001
Part 1 Preliminary
s. 5
(2) Regulations cannot be made to prescribe pearl oysters (as
defined in the Pearling Act 1990) for the purposes of
paragraph (b) of the definition of "animal".
page 6
Animal Welfare Bill 2001
Use of animals for scientific purposes Part 2
s. 6
Part 2 -- Use of animals for scientific purposes
6. Unlicensed use of animals for scientific purposes prohibited
(1) A person must not use animals for scientific purposes unless --
(a) the person is --
5 (i) a scientific establishment that holds; or
(ii) a member of staff of, or a student at, a scientific
establishment that holds,
a licence authorising that use;
(b) the animal ethics committee of the scientific
10 establishment has given approval, in accordance with
the scientific use code, for that person to so use the
animals; and
(c) the person uses the animals in accordance with that
licence and approval.
15 Penalty: $50 000 and imprisonment for 5 years.
(2) A licensed scientific establishment must not allow animals to be
used for scientific purposes at a place to which that licence
relates unless that use is permitted under subsection (1).
Penalty: $50 000 and imprisonment for 5 years.
20 7. Carrying on business supplying animals for scientific
purposes
(1) Subject to subsection (2), a person must not carry on a business
of supplying animals for use for scientific purposes except in
accordance with a licence authorising the person to do so.
25 Penalty: $50 000 and imprisonment for 5 years.
page 7
Animal Welfare Bill 2001
Part 2 Use of animals for scientific purposes
s. 8
(2) Subsection (1) does not apply to a person carrying on a business
of supplying fauna that the person is licensed or authorised
under the Wildlife Conservation Act 1950 to take for the
purposes of that business.
5 8. Application for issue or renewal of licence
(1) An application for the issue or renewal of a licence is to be
made to the Minister in the prescribed form and manner and is
to be accompanied by the prescribed fee and any prescribed
information.
10 (2) An applicant must provide to the Minister any other information
relating to the application that the Minister reasonably requires
for the proper consideration of the application.
(3) An application for the renewal of a licence must be made no
later than 42 days before the day on which the licence is due to
15 expire or at such later time as the Minister, having regard to
section 10(2)(b), allows.
9. Matters to be considered
(1) The Minister must not issue or renew a licence to use animals
for scientific purposes unless the Minister is satisfied that --
20 (a) the scientific establishment either --
(i) has an animal ethics committee; or
(ii) has made arrangements for the animal ethics
committee for another scientific establishment to
act as its animal ethics committee;
25 and
(b) the scientific establishment complies with, and will
continue to comply with, the scientific use code.
page 8
Animal Welfare Bill 2001
Use of animals for scientific purposes Part 2
s. 10
(2) When considering an application for the issue or renewal of a
licence the Minister is to have regard to --
(a) whether the applicant and the applicant's staff are
experienced and competent --
5 (i) in the case of a licence to use animals for
scientific purposes, in using animals for
scientific purposes; and
(ii) in all cases, in caring for and handling animals of
the kind to be used or supplied;
10 (b) whether the applicant has, or any of the applicant's staff
or students have, been convicted of an offence under this
Act in the previous 3 years;
(c) whether a licence held by the applicant has ever been
suspended or revoked or the applicant has ever been
15 disqualified from holding a licence;
(d) whether the welfare, safety and health of the animals is
adequately protected;
(e) any prescribed matters; and
(f) whether, in all other respects, the Minister considers it
20 appropriate for the applicant to hold the licence.
10. Minister to issue or renew or decline to issue or renew
(1) After considering an application in accordance with section 9
the Minister is to --
(a) issue or renew the licence in the prescribed form; or
25 (b) decline to issue or renew the licence.
page 9
Animal Welfare Bill 2001
Part 2 Use of animals for scientific purposes
s. 11
(2) If the Minister declines to issue or renew a licence the Minister
is to give to the applicant written notice setting out the decision
and the reasons for it --
(a) in the case of an application for the issue of a licence, no
5 more than 28 days after the decision is made; and
(b) in the case of an application for a renewal, at least
21 days before the current licence expires.
11. Conditions on licences
(1) Every licence is subject to the conditions prescribed in respect
10 of licences of a class to which the licence belongs.
(2) Conditions prescribed for the purposes of subsection (1) may
deal with any matter relating to the welfare, safety and health of
the animals including --
(a) the place at which the animals may be used or kept;
15 (b) codes of practice (other than the scientific use code) that
must be complied with;
(c) the conditions under which the animals are, or are not, to
be kept;
(d) the facilities and equipment that are, or are not, to be
20 used in relation to the animals;
(e) the procedures to be followed by the licensee and the
licensee's staff and students in specified situations; and
(f) the people who are, or are not, to be involved in the care
of the animals.
25 (3) It is also a condition of each licence to use animals for scientific
purposes that animals must not be used for scientific purposes
unless they are used in accordance with the scientific use code.
page 10
Animal Welfare Bill 2001
Use of animals for scientific purposes Part 2
s. 12
12. Further conditions may be imposed
(1) When issuing or renewing a licence the Minister may impose
such other conditions as are set out in, or provided to the
licensee with, the licence.
5 (2) The Minister may amend or remove the conditions imposed on
a licence under this section by giving at least 21 days written
notice of the amendment to the licensee.
(3) Conditions imposed under this section may deal with any matter
in respect of which conditions could be prescribed for the
10 purposes of section 11(1).
13. Licensee to ensure staff and students comply with conditions
A licensee must take all reasonable steps to ensure that the
licensee's staff and students comply with the conditions to
which the licence is subject.
15 Penalty: $20 000 and imprisonment for one year.
14. Display of licence and code of practice
(1) Subject to subsection (2), a licensee must cause a copy of the
licence to be exhibited to the public at each place where --
(a) animals are used for scientific purposes; or
20 (b) animals to be supplied for use for scientific purposes are
kept.
Penalty: $2 000.
(2) A licensee need not cause a copy of the licence to be exhibited
at places where field work is being carried out ("field site") but
25 if a copy of the licence is not exhibited --
(a) the licensee must ensure that a person at the field site
has a copy of the licence with him or her at that site; and
page 11
Animal Welfare Bill 2001
Part 2 Use of animals for scientific purposes
s. 15
(b) that person must make the copy of the licence available
to a member of the public on request.
Penalty: $2 000.
(3) If a licence is subject to a condition that a code of practice be
5 complied with the licensee must --
(a) cause a copy of the code to be exhibited to; or
(b) make copies of the code available to,
all the licensee's staff and students at each place, other than
field sites, where --
10 (c) animals are used for scientific purposes; or
(d) animals to be supplied for use for scientific purposes are
kept.
Penalty: $2 000.
(4) If a licence to use animals for scientific purposes is subject to a
15 condition that a code of practice be complied with the licensee
must give a copy of the code to the relevant animal ethics
committee.
Penalty: $2 000.
15. Duration of a licence
20 A licence remains in force for 3 years or any shorter period
specified in it, unless before then it is suspended or revoked or
the licensee is disqualified from holding the licence.
16. Licence not transferable
A licence is not transferable.
page 12
Animal Welfare Bill 2001
Use of animals for scientific purposes Part 2
s. 17
17. Suspension and revocation
(1) The Minister may, by giving written notice to the licensee,
suspend a licence for up to 3 months if the Minister is satisfied
that --
5 (a) the licensee has, or any of the licensee's staff or students
have, committed an offence under this Act since the
licence was issued or last renewed;
(b) if the licence was due for renewal, the Minister would
not, having regard to the criteria set out in section 9,
10 renew it;
(c) in the case of a licence to use animals for scientific
purposes, the relevant animal ethics committee has
failed to comply with the scientific use code in relation
to the licensee's use of animals; or
15 (d) for any other reason the welfare, safety and health of an
animal would be under threat if the licence remained in
force.
(2) The Minister may, by giving written notice to the licensee,
revoke a licence if --
20 (a) the Minister is satisfied that the licence was obtained by
fraud or misrepresentation; or
(b) the licence is suspended and the Minister is satisfied,
during the 14 days before the end of the suspension
period, that the licensee has not taken reasonable steps
25 to ensure that the grounds for the suspension have been
remedied and will not recur.
(3) When revoking a licence the Minister may also disqualify the
licensee from applying for another licence before the date on
which the revoked licence would have lapsed if it had not been
30 revoked.
page 13
Animal Welfare Bill 2001
Part 2 Use of animals for scientific purposes
s. 18
(4) Before exercising a power referred to in subsection (1) or (2) the
Minister is to --
(a) give the licensee written notice --
(i) stating the intention to suspend or revoke the
5 licence;
(ii) setting out the grounds for the intended
suspension or revocation; and
(iii) advising that the licensee has 7 days (or any
longer period the Minister considers appropriate)
10 within which to respond to the notice;
and
(b) have due regard to any response to the notice made
within that time.
(5) A licensee must deliver a suspended or revoked licence to the
15 Minister as soon as practicable, and in any event within 7 days,
after the suspension or revocation.
Penalty: $2 000.
(6) Subject to subsection (2)(b), a suspended licence delivered to
the Minister under subsection (5) is to be returned to the
20 licensee as soon as practicable after the end of the suspension
period.
18. Register of licences
(1) The Director General is to keep a register of all licences
showing, for each licence --
25 (a) the name of the licensee;
(b) whether it is a licence --
(i) to use animals for scientific purposes; or
page 14
Animal Welfare Bill 2001
Use of animals for scientific purposes Part 2
s. 18
(ii) to carry on business supplying animals for use
for scientific purposes,
and in the case of subparagraph (i), the scientific
purposes for which the animals are or may be used;
5 (c) details of the places where the animals are or may be
used or kept;
(d) the dates of issue, renewal and expiry;
(e) any conditions to which the licence is subject (other than
those imposed by section 11);
10 (f) details of any suspension or revocation of the licence or
disqualification of the licensee; and
(g) any prescribed details.
(2) A licensee must notify the Director General of any change in the
details referred to in subsection (1)(a), (c) or (g) within 14 days
15 of the change occurring.
Penalty: $2 000.
(3) A person may, at any time during office hours --
(a) inspect the register free of charge; and
(b) purchase a copy of, or an extract from, the register.
20 (4) The Director General is to ensure that copies of, or extracts
from, the register are available and that the price at which they
are sold does not exceed the cost of providing them.
page 15
Animal Welfare Bill 2001
Part 3 Offences against animals
s. 19
Part 3 -- Offences against animals
19. Cruelty to animals
(1) A person must not be cruel to an animal.
Penalty: Minimum -- $2 000.
5 Maximum -- $50 000 and imprisonment for 5 years.
(2) Without limiting subsection (1) a person, whether or not the
person is a person in charge of the animal, is cruel to an animal
if the person --
(a) tortures, mutilates, maliciously beats or wounds, abuses,
10 torments, or otherwise ill-treats, the animal;
(b) uses a prescribed inhumane device on the animal;
(c) intentionally or recklessly poisons the animal;
(d) does any prescribed act to, or in relation to, the animal;
or
15 (e) in any other way causes the animal unnecessary harm.
(3) Without limiting subsection (1) a person in charge of an animal
is cruel to an animal if the animal --
(a) is transported in a way that causes, or is likely to cause,
it unnecessary harm;
20 (b) is confined, restrained or caught in a manner that --
(i) is prescribed; or
(ii) causes, or is likely to cause, it unnecessary harm;
(c) is worked, driven, ridden or otherwise used --
(i) when it is not fit to be so used or has been over
25 used; or
(ii) in a manner that causes, or is likely to cause, it
unnecessary harm;
page 16
Animal Welfare Bill 2001
Offences against animals Part 3
s. 20
(d) is not provided with proper and sufficient food or water;
(e) is not provided with such shelter, shade or other
protection from the elements as is reasonably necessary
to ensure its welfare, safety and health;
5 (f) is abandoned, whether at the place where it is normally
kept or elsewhere;
(g) is subjected to a prescribed surgical or similar operation,
practice or activity;
(h) suffers harm which could be alleviated by the taking of
10 reasonable steps;
(i) suffers harm as a result of a prescribed act being carried
out on, or in relation to, it; or
(j) is, in any other way, caused unnecessary harm.
20. Defence -- self-defence or protecting another person or an
15 animal
(1) Subject to subsections (2) and (3), it is a defence to a charge
under section 19 for a person to prove that --
(a) the animal was attacking, or threatening to attack, the
person, another person or another animal;
20 (b) the person was defending himself or herself, another
person or an animal against the attack or threatened
attack; and
(c) the person did not use more force than was reasonably
necessary.
25 (2) Subsection (1) does not provide a defence to a person who, in
the course of, or for the purpose of, committing an unlawful act,
enters or attempts to enter a place or vehicle --
(a) of which the person who has actual physical custody or
control of the animal is the occupier or a guard; or
page 17
Animal Welfare Bill 2001
Part 3 Offences against animals
s. 21
(b) occupied by the animal.
(3) Subsection (1) does not provide a defence to a person if --
(a) the person provoked the attack or threatened attack;
(b) the person permitted or encouraged another animal to
5 attack or threaten the animal the subject of the charge; or
(c) the animal the subject of the charge was being used
by --
(i) a police officer;
(ii) a prison officer under the Prisons Act 1981; or
10 (iii) a member of --
(I) the armed forces of the Commonwealth;
(II) the Australian Federal Police;
(III) the Australian Quarantine and
Inspection Service; or
15 (IV) the Australian Customs Service,
in the course of his or her duties and the use of the
animal was not unreasonable in the circumstances.
21. Defence -- veterinary care
It is a defence to a charge under section 19(1) (other than an
20 offence committed in circumstances described in
section 19(3)(g)) for a person to prove that the person was a
veterinary surgeon, or was acting on the instructions of a
veterinary surgeon, and was providing the animal with
veterinary care in accordance with generally accepted veterinary
25 practices.
page 18
Animal Welfare Bill 2001
Offences against animals Part 3
s. 22
22. Defence -- authorised by law
It is a defence to a charge under section 19(1) for a person to
prove that the person --
(a) was authorised by or under a written law to do the act
5 that is alleged to constitute the offence; and
(b) did the act in a humane manner.
23. Defence -- normal animal husbandry
It is a defence to a charge under section 19(1) for a person to
prove that the act alleged to constitute the offence was done --
10 (a) in accordance with a generally accepted animal
husbandry practice, other than a prescribed practice, that
is used in --
(i) farming or grazing activities;
(ii) the management of zoos, wildlife parks or
15 similar establishments;
(iii) the management of animal breeding
establishments; or
(iv) the training of animals;
and
20 (b) in a humane manner.
24. Defence -- killing pests
(1) It is a defence to a charge under section 19(1) for a person to
prove --
(a) that the act alleged to constitute the offence was done
25 while the person was attempting to kill pests;
(b) that the person was attempting to kill pests in a manner
that is generally accepted as usual and reasonable for
page 19
Animal Welfare Bill 2001
Part 3 Offences against animals
s. 25
killing pests of the kind the person was attempting to
kill; and
(c) if the animal the subject of the charge was not a pest,
that the person took reasonable steps to ensure that
5 animals other than pests would not be harmed.
(2) In this section --
"pest" means a prescribed animal, fish or invertebrate.
25. Defence -- code of practice
It is a defence to a charge under section 19(1) for a person to
10 prove that the person was acting in accordance with a relevant
code of practice.
26. Defence -- stock fending for itself
(1) It is a defence to a charge under section 19(1) committed in
circumstances described in section 19(3)(d), (e) or (f) for a
15 person to prove that --
(a) the animal is stock of a kind that is ordinarily left to
roam at large on a pastoral property and to fend for
itself;
(b) the act alleged to constitute the offence does not involve
20 anything more than allowing the animal to so roam and
fend for itself; and
(c) the property on which the animal was roaming was
reasonably capable of sustaining all the animals that
were roaming on it.
25 (2) In this section --
"stock" has the meaning it has in the Stock (Identification and
Movement) Act 1970.
page 20
Animal Welfare Bill 2001
Offences against animals Part 3
s. 27
27. Defence -- releasing animals into the wild
It is a defence to a charge under section 19(1) committed in
circumstances described in section 19(3)(f) for a person to prove
that --
5 (a) the animal is fauna;
(b) the act alleged to constitute the offence does not involve
anything more than releasing the animal into the wild;
and
(c) the release occurred in circumstances in which it was
10 reasonable to expect the animal to be able to fend for
itself.
28. Defence -- where person in charge is not in actual custody
(1) It is a defence to a charge under section 19(1) committed in
circumstances described in section 19(3)(d), (e), (f) or (h) for a
15 person to prove that the person --
(a) is a "person in charge" by reason of paragraph (a), (c)
or (d), but not paragraph (b), of the definition of that
term; and
(b) took reasonable steps to ensure that the animal would be
20 properly treated and cared for.
(2) It is a defence to a charge under section 19(1) committed in
circumstances described in section 19(3)(d), (e), (f) or (h) for a
person to prove that the person --
(a) is a "person in charge" by reason only of paragraph (d)
25 of the definition of that term; and
(b) did not know, and could not reasonably be expected to
have known, that --
(i) the animal was at a place, or in a vehicle, owned
or occupied by the person; or
page 21
Animal Welfare Bill 2001
Part 3 Offences against animals
s. 29
(ii) the animal was not being properly treated and
cared for.
29. Defence -- prescribed use of devices
It is a defence to a charge under section 19(1) committed in
5 circumstances described in section 19(2)(b) for a person to
prove that the person was a prescribed person, or was in a
prescribed class of persons, and used the device in a prescribed
manner.
30. Defence -- prescribed surgical or similar operations,
10 practices and activities
It is a defence to a charge under section 19(1) committed in
circumstances described in section 19(3)(g) for a person to
prove that the person was a prescribed person, or was in a
prescribed class of persons, and carried out the operation,
15 practice or activity in a prescribed manner.
31. Possession of things intended to inflict cruelty
(1) A person must not be in possession of any thing with the
intention of using the thing to inflict cruelty on an animal.
Penalty: $20 000 and imprisonment for one year.
20 (2) It is a defence to a charge under subsection (1) for a person to
prove that the thing was a prescribed thing and that the person
was a prescribed person, or was in a prescribed class of persons,
in respect of the thing.
(3) It is a defence to a charge under subsection (1) for a person to
25 prove that if the person had used the thing on or in relation to an
animal the person would have had a defence to a resulting
charge under section 19.
page 22
Animal Welfare Bill 2001
Offences against animals Part 3
s. 32
32. Shooting, hunting or fighting captive animals
(1) A person must not engage in a prohibited activity.
Penalty: Minimum -- $2 000.
Maximum -- $50 000 and imprisonment for 5 years.
5 (2) Without limiting subsection (1), a person engages in a
prohibited activity if the person --
(a) takes part in it;
(b) spectates at it;
(c) organises it;
10 (d) promotes it;
(e) keeps an animal for the purpose of it;
(f) allows it to occur at a place owned or operated by the
person; or
(g) in the case of the activities described in paragraphs (c)
15 and (d) of the definition of "prohibited activity",
encourages an animal to participate in it.
(3) It is a defence to a charge under subsection (1) for a person to
prove that the activity the subject of the charge was a prescribed
activity.
20 (4) It is a defence to a charge under subsection (1) where the
activity the subject of the charge is the releasing of an animal
for the purposes of it being hunted by another animal for a
person to prove that --
(a) the animal was released as food for a predatory animal
25 kept in captivity;
(b) the diet of captive predatory animals of that kind
ordinarily includes animals of the kind released; and
(c) the captive predatory animal will not ordinarily eat dead
meat.
page 23
Animal Welfare Bill 2001
Part 3 Offences against animals
s. 32
(5) In this section --
"prohibited activity" means an activity that involves releasing
an animal, or putting an animal somewhere, for the purpose
of enabling the animal to be --
5 (a) shot at (whether with a firearm or any other weapon);
(b) hunted by a person or another animal;
(c) fought by a person or another animal; or
(d) chased by another animal, other than an animal of the
same species.
page 24
Animal Welfare Bill 2001
Inspectors Part 4
Appointment of inspectors Division 1
s. 33
Part 4 -- Inspectors
Division 1 -- Appointment of inspectors
33. Appointment of general inspectors
(1) The Director General is to appoint as general inspectors --
5 (a) those members of the staff of the RSPCA nominated by
the RSPCA; and
(b) in accordance with subsection (2), as many other people
whom the Director General considers to be suitably
qualified or experienced as the Director General
10 considers necessary for the purposes of the Act.
(2) The Director General may appoint under subsection (1)(b) --
(a) a member of the staff of --
(i) the Department;
(ii) Agriculture WA;
15 (iii) CALM;
(iv) Fisheries Western Australia; or
(v) a local government,
who is nominated by the chief executive officer of that
department or local government; or
20 (b) any other person whom the Director General considers it
appropriate to appoint.
(3) The terms of appointment of a general inspector are to be
determined by the Director General and set out in the instrument
of appointment.
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Animal Welfare Bill 2001
Part 4 Inspectors
Division 1 Appointment of inspectors
s. 34
(4) An appointment under subsection (1) remains in force for
5 years unless before then --
(a) the inspector (other than an inspector appointed under
subsection (2)(b)) ceases to be a member of the staff of
5 the RSPCA or of the department or local government
the chief executive officer of which nominated him or
her (as the case requires);
(b) the inspector resigns by written notice to the Director
General; or
10 (c) the appointment is revoked by the Director General.
(5) The Director General may appoint a general inspector as a
scientific inspector in relation to schools.
34. Appointment of scientific inspectors
(1) The Director General is to appoint as many scientific inspectors
15 as are required for the purposes of this Act.
(2) The Director General may appoint under subsection (1) any
person the Director General considers to be suitably qualified or
experienced.
(3) The terms of appointment of a scientific inspector are to be
20 determined by the Director General and set out in the instrument
of appointment.
(4) An appointment under subsection (1) remains in force for
5 years unless before then --
(a) the inspector resigns by written notice to the Director
25 General; or
(b) the appointment is revoked by the Director General.
page 26
Animal Welfare Bill 2001
Inspectors Part 4
Appointment of inspectors Division 1
s. 35
35. Restricted appointments
(1) A general inspector who is an employee of a local
government --
(a) is an inspector only for the district of that local
5 government; and
(b) may only exercise the powers of an inspector outside
that district if --
(i) the exercise of the power relates to an offence
reasonably suspected to have been committed in
10 the inspector's district;
(ii) the local government of the district where the
power is to be exercised has authorised the
exercise of the power by the inspector in its
district; or
15 (iii) the inspector considers the situation to be an
emergency.
(2) The Director General may, by written notice, restrict the
authority of an inspector, other than a police officer, by limiting
all or any of the following --
20 (a) the functions that may be performed by the inspector;
(b) the --
(i) places where;
(ii) times when;
(iii) circumstances in which,
25 the inspector may perform the inspector's functions.
(3) When the authority of an inspector is restricted under
subsection (2) the functions conferred on the inspector by or
under this Act are limited to the extent set out in the notice.
page 27
Animal Welfare Bill 2001
Part 4 Inspectors
Division 2 Functions and powers of inspectors
s. 36
(4) A restriction under subsection (2) --
(a) may be imposed when the inspector is appointed or at a
later time; and
(b) may be varied or cancelled by the Director General by
5 written notice to the inspector.
36. Identification card
(1) The Director General is to issue an identification card to each
inspector, other than police officers.
(2) An inspector, other than a police officer, must produce his or
10 her identification card if requested to do so by a person in
respect of whom the inspector is about to exercise, is exercising
or has exercised, any of the inspector's powers.
(3) A person who ceases to be an inspector must, as soon as
practicable, return his or her identification card to the Director
15 General.
Division 2 -- Functions and powers of inspectors
37. Functions and powers of inspectors
(1) Subject to subsection (3), the functions of a general inspector
are --
20 (a) to enforce Part 3;
(b) if the inspector has been appointed under section 33(5)
as a scientific inspector in relation to schools, to enforce
Part 2 in relation to schools (as defined in the School
Education Act 1999);
25 (c) to provide assistance to scientific inspectors if requested
under section 48(1); and
(d) to provide information and assistance to the Director
General in relation to matters arising under this Act.
page 28
Animal Welfare Bill 2001
Inspectors Part 4
Functions and powers of inspectors Division 2
s. 38
(2) The functions of a scientific inspector are --
(a) to enforce Part 2;
(b) to enforce Part 3 in relation to things done, purported to
be done or required under this Act to be done, under a
5 licence;
(c) to provide information and assistance to the Director
General in relation to matters arising under this Act; and
(d) to provide information and assistance to the Minister in
relation to licensing matters.
10 (3) Subject to subsection (1)(b) and section 48(3), a general
inspector must not exercise the inspector's powers in relation to
things done, purported to be done, or required under this Act to
be done, under a licence.
(4) A scientific inspector may only exercise the inspector's
15 powers in relation to things done, purported to be done, or
required under this Act to be done, under a licence.
38. Power to enter a place
(1) An inspector may enter a place --
(a) with the consent of the occupier or person apparently in
20 charge of the place;
(b) if a notice has been given in accordance with
subsection (3) and the period specified in the notice as
the period within which objections may be made has
elapsed with no objection being made;
25 (c) under a warrant issued under section 59;
(d) in the case of a place occupied by a scientific
establishment, at any time; or
page 29
Animal Welfare Bill 2001
Part 4 Inspectors
Division 2 Functions and powers of inspectors
s. 38
(e) in the case of any other non-residential place, if the
inspector reasonably suspects that an offence under
Part 3 --
(i) has been, or is being, committed at the place; or
5 (ii) is likely to be, or to continue to be, committed at
the place if entry is not effected.
(2) In order to enter a place under subsection (1)(b), (c), (d) or (e)
an inspector may --
(a) use such force as is reasonably necessary; and
10 (b) enter any other non-residential place for the purpose of
reaching the place to be entered.
(3) An inspector wishing to enter a place may give to the owner or
occupier of the place a notice --
(a) stating that the inspector wishes to enter the place;
15 (b) specifying the purpose for which entry is required; and
(c) specifying the period (being not less than 24 hours)
within which the owner or occupier may object to the
inspector.
(4) Where a notice has been given under subsection (3) and no
20 objection has been made to the inspector within the time
specified in the notice --
(a) the notice continues to have effect until --
(i) the purpose for which entry was required has
been effected; or
25 (ii) 7 days after the end of the objection period
specified in the notice,
whichever occurs first; and
(b) successive entries for that purpose are to be regarded as
entries to which the notice relates.
page 30
Animal Welfare Bill 2001
Inspectors Part 4
Functions and powers of inspectors Division 2
s. 39
39. Power to enter vehicles
(1) An inspector may enter a vehicle --
(a) with the consent of the occupier or person apparently in
charge of the vehicle;
5 (b) under a warrant issued under section 59; or
(c) unless the vehicle is a residence, if the inspector
reasonably suspects that the vehicle --
(i) has been, or is being, used in the commission of
an offence under Part 3; or
10 (ii) is likely to be, or to continue to be, used in the
commission of an offence under Part 3 unless
entry is effected.
(2) In order to enter a vehicle under subsection (1)(b) or (c) an
inspector may --
15 (a) stop and detain the vehicle for as long as is reasonably
necessary;
(b) use such force as is reasonably necessary; and
(c) enter a non-residential place for the purpose of reaching
the vehicle.
20 40. Care of animals
(1) An inspector may --
(a) provide to an animal; or
(b) direct a person in control of an animal to provide to the
animal,
25 any food, water, shelter, care or treatment the inspector
considers necessary to ensure the welfare, safety and health of
the animal.
page 31
Animal Welfare Bill 2001
Part 4 Inspectors
Division 2 Functions and powers of inspectors
s. 41
(2) A person must comply with a direction given under
subsection (1)(b).
Penalty: $20 000 and imprisonment for one year.
41. Humane destruction of animals
5 (1) An inspector who reasonably believes an animal is suffering so
severely that destroying it would be a humane thing to do, may
destroy the animal in a humane manner.
(2) An inspector destroying an animal under subsection (1) must
notify --
10 (a) if the animal is fauna, the chief executive officer of
CALM; or
(b) otherwise a person in charge of the animal,
of the destruction and the reason for it --
(c) if it is reasonable to do so, before destroying the animal;
15 or
(d) otherwise, as soon as practicable after destroying the
animal.
42. Seizure of animals
(1) An inspector may seize an animal --
20 (a) if the inspector reasonably suspects that an offence
under Part 3 is being, or has been, committed in respect
of the animal; or
(b) under a warrant issued under section 60.
(2) An inspector who seizes an animal is to ensure that it is properly
25 treated and cared for (including the provision of veterinary care
if that is appropriate) until it is dealt with in accordance with
section 44 or 45.
page 32
Animal Welfare Bill 2001
Inspectors Part 4
Functions and powers of inspectors Division 2
s. 43
43. Seizure of other property
(1) An inspector may seize any other thing that the inspector
reasonably suspects --
(a) is being, or has been, used to commit; or
5 (b) may afford evidence of the commission of,
an offence under this Act.
(2) An inspector who seizes any thing under subsection (1) is to --
(a) keep it in safe custody; and
(b) to the extent that it is practicable to do so, maintain it in
10 the condition it was in when it was seized,
until it is dealt with in accordance with section 44.
44. Dealing with seized property
(1) This section does not apply in relation to a seized animal that is
fauna, unless the animal had been lawfully taken under the
15 Wildlife Conservation Act 1950.
(2) As soon as practicable after seizing property an inspector must
take reasonable steps to notify the owner or a person in charge
of the property that it has been seized and of the owner's rights
under subsection (6).
20 (3) An inspector may retain seized property until required by
subsection (5), or by an order under subsection (9) or section 55,
to return it to the owner or to dispose of it.
(4) Subject to an order of a court to the contrary, an inspector may
return seized property to the owner at any time if the inspector
25 is satisfied --
(a) that no useful purpose will be served by retaining it; and
page 33
Animal Welfare Bill 2001
Part 4 Inspectors
Division 2 Functions and powers of inspectors
s. 44
(b) in the case of an animal, that it will be properly treated
and cared for.
(5) Subject to subsection (9), an inspector must return seized
property to the owner if --
5 (a) 4 months have elapsed since it was seized and no person
has been charged with a relevant offence; or
(b) a charge of a relevant offence has been heard and
determined but the court hearing the charge has made no
order as to the return or forfeiture of the property.
10 (6) The owner of seized property may apply to the Local Court for
an order that it be returned.
(7) Where an inspector is required by subsection (5) to return seized
property to the owner the inspector may apply to the Local
Court for an order that the property remain under seizure.
15 (8) An inspector may apply to the Local Court for an order that the
seized property be forfeited to the Crown.
(9) On an application under subsection (6), (7) or (8) a court
may --
(a) make the order sought on such terms and conditions as
20 the court thinks fit; or
(b) refuse to make the order.
(10) On an application under subsection (6), (7) or (8) in relation to a
seized animal the court must have regard to the welfare, safety
and health of the animal.
25 (11) In this section --
"owner", in relation to something that has been seized, means
the person from whom the thing was seized or any other
person who satisfies the Director General that he or she is
entitled to possession of the thing;
page 34
Animal Welfare Bill 2001
Inspectors Part 4
Functions and powers of inspectors Division 2
s. 45
"relevant offence" means an offence under this Act --
(a) if the seized property is an animal, the commission of
which affected the welfare, safety or health of the
animal; or
5 (b) if the seized property is not an animal --
(i) the commission of which involved the use of
the seized property; or
(ii) in respect of the commission of which the
seized property may afford evidence.
10 45. Dealing with seized fauna
An inspector who seizes an animal that is fauna, other than an
animal that has been lawfully taken under the Wildlife
Conservation Act 1950, is to ensure that the animal is delivered
to, or dealt with in accordance with the instructions of, the chief
15 executive officer of CALM.
46. Power to require information
(1) An inspector who reasonably suspects a person is committing,
or has committed, an offence under this Act may ask the person
for the person's name, usual place of residence and date of birth.
20 (2) A person must not, without a reasonable excuse, fail to answer a
question asked under subsection (1).
Penalty: $2 000.
47. Other powers of inspectors
(1) Subject to sections 38, 39, 42 and 43, for the purposes of this
25 Act an inspector may --
(a) search a place or vehicle;
(b) examine and take samples from an animal, place,
vehicle or thing;
page 35
Animal Welfare Bill 2001
Part 4 Inspectors
Division 2 Functions and powers of inspectors
s. 47
(c) take an animal to a place, or put an animal in a vehicle,
for the purpose of performing the inspector's functions
in relation to it;
(d) direct a person to take an animal to a specified place, or
5 to put it in a specified vehicle, within a specified time;
(e) direct a person not to remove an animal from a specified
place or vehicle for a specified period;
(f) take photographs, video recordings or other recordings
of an animal, place, vehicle or thing;
10 (g) take measurements or recordings of any sort;
(h) if the inspector reasonably suspects that there is, in a
container, an animal or thing that may afford evidence
of the commission of an offence under this Act --
(i) require the person apparently in charge of it to
15 open the container; or
(ii) if that person is not available to do so, or fails to
do so, use reasonable force to break open the
container;
(i) examine, take extracts from or copy (and if necessary
20 remove for the purpose of taking extracts or making
copies) a record;
(j) give any directions to a person in control of an animal
that the inspector considers are necessary to protect the
welfare, safety and health of the animal;
25 (k) conduct examinations, and make inquiries, that the
inspector considers are necessary to check whether this
Act is being complied with or to investigate a suspected
offence; and
(l) request a person to assist the inspector in performing the
30 inspector's functions.
page 36
Animal Welfare Bill 2001
Inspectors Part 4
Functions and powers of inspectors Division 2
s. 48
(2) An inspector exercising, or proposing to exercise, a power under
this section must, if asked by a person who is or will be affected
by the exercise of the power, explain why the inspector is
exercising the power.
5 (3) A person must comply with a requirement or direction made
under subsection (1)(a) to (j).
Penalty: $20 000 and imprisonment for one year.
(4) In subsection (1)(i) --
"record" includes a document, tape, disc or other device or
10 medium on which data is recorded or stored mechanically,
photographically, electronically or otherwise.
48. Performance of an inspector's functions
(1) When performing a function under this Act an inspector may be
accompanied or assisted by a person requested by the inspector
15 to assist.
(2) A person accompanying or assisting an inspector may exercise a
function of the inspector if, and to the extent, authorised by the
inspector.
(3) A general inspector accompanying or assisting a scientific
20 inspector under subsection (1) may exercise the general
inspector's functions under this Act if, and to the extent,
authorised by the scientific inspector.
(4) Subject to subsection (5), where an inspector is permitted under
this Act to do an act in relation to an animal that is within the
25 definition of "veterinary surgery" as defined in the Veterinary
Surgeons Act 1960 the inspector is to ensure that the act is done
by a veterinary surgeon.
page 37
Animal Welfare Bill 2001
Part 4 Inspectors
Division 3 Additional powers of scientific inspectors
s. 49
(5) Subsection (4) does not apply to an inspector acting under
section 41 if, in the inspector's opinion, it is not reasonable to
wait until a veterinary surgeon is able to do the act.
(6) When performing a function under this Act an inspector or
5 person assisting an inspector must --
(a) take reasonable precautions to avoid the spread of
disease;
(b) cause as little damage as is reasonably practicable to
property; and
10 (c) cause as little disruption as is reasonably practicable to
any business or activity that is being carried on in
accordance with this Act.
Division 3 -- Additional powers of scientific inspectors
49. Direction to suspend use and referral to animal ethics
15 committee
(1) A scientific inspector who reasonably suspects a person is using
animals for scientific purposes in a manner contrary to --
(a) the scientific use code; or
(b) the approval given by the relevant animal ethics
20 committee,
may refer the matter to the relevant animal ethics committee for
reconsideration.
(2) If a referral is made under subsection (1) the person using the
animal must stop that use until the matter has been approved by
25 the relevant animal ethics committee under subsection (3).
Penalty: $20 000 and imprisonment for one year.
page 38
Animal Welfare Bill 2001
Inspectors Part 4
Additional powers of scientific inspectors Division 3
s. 50
(3) An animal ethics committee must consider a referral under
subsection (1) as if it were an application under the scientific
use code made by the person using the animals for approval to
use animals for the purpose, and in the manner, referred to in
5 that subsection.
50. Directions to licensees and their staff
(1) A scientific inspector who suspects that a licensee has, or any of
the staff or students of a licensee have, failed to comply with a
condition to which a licence is subject may give any directions
10 the inspector considers necessary or desirable to remedy that
failure.
(2) A direction is to be given by a scientific inspector --
(a) if the inspector considers the failure creates a serious
and urgent threat to the welfare, safety or health of an
15 animal, orally to the person who, at that time, has
custody of the animal; or
(b) otherwise, in writing to the person who failed to comply
with the condition.
(3) If a direction is given orally a scientific inspector must give a
20 written copy of the direction to the person who failed to comply
with the condition as soon as practicable, and in any event
within 24 hours, after giving the oral direction.
(4) If the person to whom a direction is given is not the licensee, a
scientific inspector must give a written copy of the direction to
25 the licensee as soon as practicable, and in any event within
24 hours, after giving the direction.
(5) A direction must include the reasons for giving it.
(6) A direction --
(a) takes effect from the time it is first given; and
page 39
Animal Welfare Bill 2001
Part 4 Inspectors
Division 3 Additional powers of scientific inspectors
s. 51
(b) remains in force until it has been complied with or a
scientific inspector revokes it by written notice to the
licensee.
(7) When a direction is in force the licensee and all of the licensee's
5 staff and students must comply with it.
Penalty: $20 000 and imprisonment for one year.
(8) It is a defence to a charge under subsection (7) for a member of
staff or a student to prove that the person did not know of, and
could not reasonably have been expected to know of, the
10 direction.
51. Power to require information
(1) A scientific inspector who reasonably suspects that a person is
using animals for scientific purposes or is carrying on business
supplying animals for use for scientific purposes may ask the
15 person --
(a) for the person's name, usual place of residence and date
of birth;
(b) whether the person is a licensee or a member of the staff
or a student of a licensee; and
20 (c) in the case of a member of staff or a student, for the
name and address of the licensee.
(2) A person must not, without reasonable excuse, fail to answer
truthfully a question asked under subsection (1).
Penalty: $2 000.
25 52. Advice regarding licensing matters
(1) A scientific inspector may provide to the Minister written
advice on --
(a) whether a scientific establishment --
page 40
Animal Welfare Bill 2001
Inspectors Part 4
Additional powers of scientific inspectors Division 3
s. 53
(i) has an animal ethics committee; or
(ii) has made arrangements under which the animal
ethics committee for another scientific
establishment will act as its animal ethics
5 committee;
(b) whether, in the inspector's opinion, the facilities and
equipment at a scientific institution, and the procedures
used by a licensee, comply with the scientific use code
or any other relevant code of practice;
10 (c) whether, in the inspector's opinion, a licensee has, or
any of the staff or students of a licensee have, failed to
comply with the scientific use code or any other code of
practice compliance with which is a condition of the
licence; and
15 (d) other matters relating to a licensee that the inspector
considers ought to be brought to the attention of the
Minister.
(2) The Minister may rely on advice given under subsection (1) to
satisfy himself or herself as to a matter referred to in section 9
20 or 17(1) or (2) without further investigation.
53. Attendance at meetings of animal ethics committees
(1) A scientific inspector may attend a meeting of an animal ethics
committee as an observer.
(2) If requested to do so by a scientific inspector an animal ethics
25 committee is to ensure that the inspector is notified of the dates
and times when, and the places where, meetings of that
committee are to be held.
page 41
Animal Welfare Bill 2001
Part 5 Enforcement
Division 1 Additional court orders
s. 54
Part 5 -- Enforcement
Division 1 -- Additional court orders
54. Court may order a post mortem
(1) A court hearing a charge under this Act may order that a post
5 mortem be carried out on an animal by a veterinary surgeon
specified in the order.
(2) If an order is made under subsection (1) --
(a) the results of the post mortem are to be given to the
court, the prosecutor and the alleged offender; and
10 (b) the cost of the post mortem is a cost in respect of which
an order may be made under section 58.
55. Orders additional to penalty
(1) A court convicting a person of an offence under this Act may, in
addition to imposing a penalty, make any other orders against
15 the offender that the court considers appropriate to protect the
welfare, safety and health of an animal, a group of animals or
animals in general.
(2) Without limiting subsection (1) a court may --
(a) prohibit the offender from --
20 (i) being in charge of; or
(ii) having contact with,
a specified animal, an animal of a specified kind, or an
animal of any kind --
(iii) for a period the court thinks fit (which may be
25 permanently); and
(iv) either absolutely or unless specified conditions
are satisfied;
page 42
Animal Welfare Bill 2001
Enforcement Part 5
Additional court orders Division 1
s. 55
(b) order that an animal of which the offender is in
charge --
(i) if the animal is fauna that has not been lawfully
taken under the Wildlife Conservation Act 1950,
5 be delivered to, or dealt with in accordance with
the instructions of, the chief executive officer of
CALM; or
(ii) otherwise, be removed to a place the court thinks
fit;
10 (c) order the forfeiture to the Crown of --
(i) seized property owned by the offender;
(ii) an animal owned by the offender; or
(iii) anything used by the offender in the commission
of the offence;
15 (d) order that property seized in relation to the offence be
returned to the owner of that property;
(e) order the humane destruction of an animal that is
suffering severe harm;
(f) order the offender to reimburse a person who incurred
20 costs under section 40(1), 41 or 42 in relation to --
(i) the animal the subject of the offence; or
(ii) another animal of which the offender was in
charge at the time of the offence and which was
provided with care, destroyed or seized because
25 of the commission of the offence;
(g) suspend, revoke or impose conditions on a licence held
by the offender; and
(h) disqualify the offender from obtaining a licence, or a
licence of a particular kind, for a period the court thinks
30 fit (which may be permanently).
page 43
Animal Welfare Bill 2001
Part 5 Enforcement
Division 1 Additional court orders
s. 56
(3) If a licence is suspended or revoked under subsection (2)(g) the
offender must deliver the licence to the Minister as soon as
practicable, and in any event within 7 days, after the order is
made.
5 Penalty: $2 000.
(4) An offender must comply with an order made against him or her
under subsection (1).
Penalty: $20 000 and imprisonment for one year.
(5) The court is to ensure that a copy of an order made under
10 subsection (2)(g) or (h) is given to the Director General.
56. Order for reimbursement of costs
(1) A person who has incurred costs under section 40(1), 41 or 42
in relation to an animal may apply to the Local Court for an
order that the applicant be reimbursed for those costs by a
15 person who was in charge of the animal immediately before the
care was provided or the animal was destroyed or seized.
(2) On an application under subsection (1) the court is to make the
order sought unless the respondent proves that there were no
reasonable grounds on which an inspector could have
20 considered the provision of care, destruction or seizure to be
necessary.
(3) The court may adjourn an application under subsection (1) until
after the determination of any relevant prosecution proceedings.
(4) If there is more than one person in charge of the animal at the
25 relevant time --
(a) the applicant may apply under subsection (1) for an
order against any or all of those people;
(b) a person against whom an order is sought may join any
other of those people as parties to the proceedings; and
page 44
Animal Welfare Bill 2001
Enforcement Part 5
Additional court orders Division 1
s. 57
(c) a court making an order under subsection (2) may
apportion the costs among so many of those people as
are parties to the proceedings in any manner as it thinks
fit.
5 (5) An order cannot be made under subsection (1) in respect of
costs for which an order has been made under section 55(2)(f).
(6) Costs ordered to be paid under subsection (1) are recoverable in
a court of competent jurisdiction as a debt due to the person to
whom they are to be paid.
10 57. Order for retention of seized property
(1) A court --
(a) imposing a fine as a penalty for an offence under this
Act;
(b) making an order for reimbursement of costs of the kind
15 referred to in section 55(2)(f);
(c) making an order for reimbursement of costs under
section 56; or
(d) making an order for payment of costs under
section 58(1),
20 may make an order that seized property owned by the offender
or person ordered to pay those costs (as the case requires)
remain under seizure until the fine or costs are paid.
(2) In an order under subsection (1) a court is to specify --
(a) the seized property to which the order relates; and
25 (b) the relevant date for the purposes of subsection (3).
page 45
Animal Welfare Bill 2001
Part 5 Enforcement
Division 2 Warrants
s. 58
(3) If an order is made under subsection (1) and the fine or costs to
which it relates are not paid by the date specified in the order,
the seized property to which the order relates is forfeited to the
Crown.
5 58. Costs
(1) A court hearing proceedings for an offence under this Act or
dealing with any other application under this Act may make
such orders as to costs as it thinks fit.
(2) Costs ordered to be paid under subsection (1) are recoverable by
10 the person to whom they are to be paid in a court of competent
jurisdiction as a judgment debt due to that person.
Division 2 -- Warrants
59. Grounds for a search warrant
A justice may issue a warrant authorising an inspector to enter a
15 place or vehicle if satisfied, by complaint made on oath, that --
(a) there are reasonable grounds for suspecting that there is
at the place or in the vehicle --
(i) an animal the welfare, safety or health of which
is under threat; or
20 (ii) anything that may afford evidence of the
commission of an offence under this Act;
or
(b) entry onto the place or into the vehicle is reasonably
required to investigate a suspected offence.
page 46
Animal Welfare Bill 2001
Enforcement Part 5
Warrants Division 2
s. 60
60. Grounds for a warrant to seize animal
A justice may issue a warrant authorising an inspector to seize
an animal if satisfied, by complaint made on oath, that there are
reasonable grounds for suspecting that an offence under Part 3
5 is likely to be committed in respect of the animal if it is not
seized.
61. Form of warrant
A warrant is to be in the prescribed form.
62. Urgent warrants
10 (1) If an inspector requires a warrant urgently, or a justice is not
available within a reasonable distance of the inspector, the
inspector may apply to a justice by telephone, fax, radio, video
conference, electronic mail or another similar method or any
combination of those methods as the justice thinks fit.
15 (2) Before applying for a warrant under subsection (1), the
inspector must prepare (but need not swear) a complaint setting
out the grounds on which the warrant is sought.
(3) A justice who issues a warrant on an application under
subsection (1) must --
20 (a) if it is reasonably practicable to do so, send a copy to the
inspector by fax or another expedient method (including
electronically if that allows the inspector to produce a
written copy of the warrant); or
(b) otherwise, inform the inspector of the terms of the
25 warrant, including the dates and times when it was
issued and will cease to have effect.
(4) An inspector who is informed of the terms of a warrant under
subsection (3)(b) must write those terms on a prescribed form of
warrant and add the name of the justice.
page 47
Animal Welfare Bill 2001
Part 5 Enforcement
Division 3 Infringement notices
s. 63
(5) A copy of a warrant sent under subsection (3)(a), or a form of
warrant completed in accordance with subsection (4), has effect
as a warrant issued by the justice.
(6) As soon as practicable after applying for a warrant under
5 subsection (1) the inspector must swear the complaint and send
it to the justice.
Division 3 -- Infringement notices
63. Interpretation for Division 3
In this Division --
10 "authorised person" means a person appointed under
section 64(1).
64. Appointment of authorised persons
(1) The RSPCA, the Commissioner of Police and the chief
executive officers of --
15 (a) the Department;
(b) Agriculture WA;
(c) CALM;
(d) Fisheries Western Australia; and
(e) every local government,
20 are each to appoint as authorised persons as many members of
their staff as are required for the purposes of this Division.
(2) A person appointed under subsection (1) by the RSPCA or the
Commissioner of Police is an authorised person only in respect
of infringement notices given by the RSPCA or the
25 Commissioner of Police respectively.
page 48
Animal Welfare Bill 2001
Enforcement Part 5
Infringement notices Division 3
s. 65
(3) A person appointed under subsection (1) by the chief executive
officer of a department or a local government is an authorised
person only in respect of infringement notices given by that
department or local government.
5 (4) A person cannot be both an authorised person and an inspector.
65. Giving infringement notices
(1) An inspector who reasonably suspects that a person has
committed a prescribed offence may give an infringement
notice to that person within 28 days of when the offence was
10 allegedly committed.
(2) An infringement notice is taken to have been given --
(a) if the inspector is a member of staff of the RSPCA, by
the RSPCA;
(b) if the inspector is a police officer, by the Commissioner
15 of Police;
(c) if the inspector is a member of staff of a department
referred to in section 64(1)(a) to (d), by that department;
(d) if the inspector is a member of staff of a local
government, by that local government; or
20 (e) if the inspector is any other person, by the Department.
66. Content of infringement notice
(1) An infringement notice is to be in the prescribed form.
(2) The amount set out as the modified penalty must be the amount
prescribed as the modified penalty for the relevant offence at the
25 time the offence was allegedly committed.
page 49
Animal Welfare Bill 2001
Part 5 Enforcement
Division 3 Infringement notices
s. 67
67. Extension of time to pay
An authorised person may extend the period within which an
alleged offender may pay the modified penalty even if the time
allowed for payment has expired.
5 68. Withdrawal of infringement notice
(1) An authorised person may withdraw an infringement notice at
any time by sending to the alleged offender a notice in the
prescribed form.
(2) If an infringement notice is withdrawn after the modified
10 penalty has been paid, the amount paid is to be refunded.
69. Benefit of paying modified penalty
(1) If --
(a) a modified penalty is paid within 28 days of the notice
being given (or any further time allowed under
15 section 67); and
(b) the infringement notice has not been withdrawn,
the bringing of proceedings, and the imposition of other
penalties, in relation to the alleged offence are prevented to the
same extent as if the alleged offender had been convicted by a
20 court of, and punished for, the alleged offence.
(2) Payment of a modified penalty is not an admission for the
purposes of any civil or criminal proceedings.
70. Application of modified penalties paid
When a modified penalty is paid it is to be dealt with in
25 accordance with section 86 as if --
(a) the modified penalty were a fine imposed by a court as a
penalty for the alleged offence; and
page 50
Animal Welfare Bill 2001
Enforcement Part 5
Review of decisions and appeals Division 4
s. 71
(b) the offence had been prosecuted by the person or entity
who or which is taken, under section 65(2), to have
given the infringement notice.
Division 4 -- Review of decisions and appeals
5 71. Interpretation for Division 4
(1) In this Division --
"appealable decision" means a decision made by --
(a) the Minister --
(i) to decline to issue or renew a licence;
10 (ii) as to the period for which a licence is issued
or renewed;
(iii) as to a condition to which a licence is to be
subject; or
(iv) to suspend or revoke a licence or to disqualify
15 a person from applying for a licence;
or
(b) an inspector to exercise, or as to the manner of
exercising, a power under --
(i) section 40(1)(b) in relation to the provision of
20 care or treatment;
(ii) section 42(1)(a);
(iii) section 43(1); or
(iv) section 47(1)(d), (e) or (j).
(2) In this Division a reference to the time when a right to object or
25 appeal arose is, in the case of a decision made by --
(a) the Minister on a licensing matter, a reference to the
time when the applicant or licensee (as the case requires)
received notice of the decision;
page 51
Animal Welfare Bill 2001
Part 5 Enforcement
Division 4 Review of decisions and appeals
s. 72
(b) an inspector, a reference to the time when the power in
question was exercised; and
(c) the Minister on an objection, the time when the person
who made the objection received notice of the decision.
5 72. Aggrieved person may make an objection
(1) A person aggrieved by an appealable decision may object to the
decision if the person has not lodged an appeal against the
decision.
(2) An objection is made by preparing it in the prescribed form and
10 lodging it with the Minister in the prescribed manner within
28 days after the right to object arose, or such further time as the
Minister may allow.
(3) When an objection has been made against a decision, the effect
of the decision is suspended until the Minister deals with the
15 objection under section 73(2), unless the Minister directs
otherwise.
73. Dealing with an objection
(1) The Minister is to --
(a) give the person who made the objection a reasonable
20 opportunity to make submissions in relation to the
objection; and
(b) deal with the objection as expeditiously as possible.
(2) The Minister may --
(a) dismiss the objection;
25 (b) vary the decision objected to;
(c) revoke the decision objected to and substitute a different
decision; or
page 52
Animal Welfare Bill 2001
Enforcement Part 5
Review of decisions and appeals Division 4
s. 74
(d) revoke the decision objected to and refer the matter,
with or without directions, to the original decision
maker for another decision.
(3) The Minister is to give to the person who made the objection
5 written notice of his or her decision and the reasons for it.
74. Aggrieved person may appeal
(1) A person aggrieved by an appealable decision may appeal
against that decision if the person --
(a) has not lodged an objection to the decision; or
10 (b) having lodged an objection, has not been given a notice
under section 73(3) at the expiration of 35 days after the
objection was lodged.
(2) A person who lodged an objection and has been given notice
under section 73(3) may appeal against the Minister's decision
15 on the objection.
(3) An appeal is made by preparing it in the prescribed form and
lodging it at a Local Court in the prescribed manner, together
with the prescribed fee, within 42 days after the right to appeal
arose, or such longer period as the court may allow.
20 (4) The appellant is to give a copy of the appeal to the Minister as
soon as practicable after the appeal is lodged.
(5) If an appeal has been made against a decision --
(a) of the Minister on a licensing matter or of an inspector,
the effect of that decision; or
25 (b) of the Minister on an objection, the effect of the decision
that was the subject of the objection,
is suspended until the court deals with the appeal under
section 75(4), unless the court orders otherwise.
page 53
Animal Welfare Bill 2001
Part 5 Enforcement
Division 4 Review of decisions and appeals
s. 75
75. Dealing with an appeal
(1) A Local Court has jurisdiction to hear and determine an appeal
lodged under section 74.
(2) The appeal is to be in the nature of a rehearing unless the court
5 determines otherwise.
(3) The appeal proceedings are to be conducted in the manner
prescribed by the rules of court, or if no such rules of court are
prescribed, in such manner as the court determines.
(4) A court hearing an appeal may --
10 (a) dismiss the appeal;
(b) vary the decision appealed against;
(c) revoke the decision appealed against and substitute a
different decision; or
(d) revoke the decision appealed against and refer the
15 matter, with or without directions, to the original
decision maker for another decision.
(5) A court hearing an appeal may make any orders as to costs as it
thinks fit.
(6) The clerk of the court is to give written notice of the court's
20 decision and the reasons for it to the appellant, the Minister, the
Director General, and if the original decision maker was an
inspector, that inspector.
(7) The decision of a court hearing an appeal under this section is
final and effect is to be given to the decision.
page 54
Animal Welfare Bill 2001
Enforcement Part 5
Offences Division 5
s. 76
Division 5 -- Offences
76. Misleading information
A person must not give information that the person knows to be
false or misleading in a material particular to --
5 (a) the Minister in relation to a licence or an application
under Part 2;
(b) an animal ethics committee in relation to an approval of
the type referred to in section 6(1)(b); or
(c) an inspector exercising a power under this Act, or a
10 person assisting an inspector to exercise a power under
this Act.
Penalty: $20 000 and imprisonment for one year.
77. Obstruction of inspectors
A person must not hinder, obstruct, abuse or threaten --
15 (a) an inspector exercising a power under this Act; or
(b) a person assisting an inspector to exercise a power under
this Act.
Penalty: $20 000 and imprisonment for one year.
78. Pretending to be an inspector
20 A person must not pretend to be an inspector.
Penalty: $20 000 and imprisonment for one year.
79. Continuing offences
(1) If a person commits an offence by reason of --
(a) failing to do something that this Act requires to be done;
25 or
page 55
Animal Welfare Bill 2001
Part 5 Enforcement
Division 5 Offences
s. 80
(b) doing something that this Act prohibits,
that offence is taken to continue until the person does what is
required or ceases to do what is prohibited (as the case
requires).
5 (2) Where an offence is taken to continue, the offender commits an
additional offence on each day during which the offence is
taken to continue after written notice of the offence has been
given to the offender by an inspector.
Penalty: $1 000 for every day on which the offence is taken to
10 continue.
80. Liability of officers for offence by body corporate or
scientific establishments
(1) If --
(a) a body corporate; or
15 (b) a scientific establishment,
commits an offence under this Act every person who was an
officer of the body or establishment at the time the offence was
committed, also commits the offence.
(2) It is a defence to a charge arising by operation of subsection (1)
20 for an officer to prove that --
(a) the offence was committed without the officer's consent
or connivance; and
(b) the officer exercised all such due diligence to prevent
the commission of the offence as the officer ought to
25 have exercised having regard to the officer's functions
and to all the circumstances.
page 56
Animal Welfare Bill 2001
Enforcement Part 5
Offences Division 5
s. 81
(3) In this section --
"officer" means a person (by whatever name called) who is
concerned in, or takes part in, the management of a body
corporate or scientific establishment, including --
5 (a) in the case of a body corporate, a director, secretary
or executive officer of the body;
(b) in the case of a university, school or other educational
institution, a member of the Senate or other
governing body of the institution;
10 (c) in the case of a partnership, a partner; and
(d) in any case --
(i) a receiver or receiver and manager of the
property of;
(ii) any other person who, for the purpose of
15 enforcing a security, is in possession or
control of the property of;
(iii) a liquidator, official manager or deputy
official manager of; or
(iv) a trustee or other person administering a
20 compromise or arrangement involving,
the body corporate or scientific establishment.
81. Partnerships
(1) Where a licence is issued for the purposes of a partnership each
partner has the same rights and duties as a licensee, whether or
25 not the partner is named on the licence.
(2) If a licence is issued in respect of a partnership and any of the
partners commits an offence under this Act (other than an
offence under Part 3 that is unrelated to the activity authorised
by the licence) every person who was a partner at the time the
30 offence was committed, commits an offence.
page 57
Animal Welfare Bill 2001
Part 5 Enforcement
Division 6 General
s. 82
(3) It is a defence to a charge arising by operation of subsection (2)
for a person to prove that --
(a) the offence was committed without the person's consent
or connivance; and
5 (b) the person exercised all such due diligence to prevent
the commission of the offence as the person ought to
have exercised having regard to the person's functions
and to all the circumstances.
Division 6 -- General
10 82. Commencement of proceedings for offences
(1) Proceedings for an offence under this Act may be commenced
by --
(a) the Director General;
(b) subject to section 37(3) and (4), an inspector; or
15 (c) an officer of the Department authorised by the Director
General.
(2) Proceedings for an offence under this Act may not be
commenced more than 2 years after the offence was allegedly
committed.
20 (3) In proceedings for an offence under this Act, unless evidence is
given to the contrary, proof is not required --
(a) of the authority of a person to institute proceedings for
the offence; or
(b) that a signature on a complaint is the signature of a
25 person authorised to commence the proceedings.
(4) In proceedings for an offence under this Act an officer of the
Department authorised by the Director General may appear on
page 58
Animal Welfare Bill 2001
Enforcement Part 5
General Division 6
s. 83
behalf of the Director General or any other officer of the
Department.
83. Evidentiary provisions
(1) In proceedings for an offence under this Act a certificate
5 purporting to be signed by the Director General or the chairman
of an animal ethics committee is evidence of the facts stated in
the certificate without proof of the appointment or signature of
the signatory.
(2) A certificate under subsection (1) signed by the Director
10 General may state --
(a) that a licence is or is not held by a person;
(b) the conditions to which a licence is subject;
(c) that a licence is or is not in force;
(d) the place to which a licence applies;
15 (e) that a person is or was a general inspector or a scientific
inspector; or
(f) the day or days on which, or the period during which,
anything referred to in paragraphs (a) to (e) applied.
(3) A certificate under subsection (1) signed by the chairman of an
20 animal ethics committee may state --
(a) that the use of an animal in a stated manner for scientific
purposes is or is not approved by the animal ethics
committee;
(b) that a person is or is not approved by the animal ethics
25 committee to use an animal for scientific purposes;
(c) the conditions to which an approval is subject;
(d) that an approval is or is not in force;
(e) the place to which an approval applies; or
page 59
Animal Welfare Bill 2001
Part 5 Enforcement
Division 6 General
s. 84
(f) the day or days on which, or period during which,
anything referred to in paragraphs (a) to (e) applied.
(4) In proceedings under this Act a copy of all or part of a code of
practice purporting to be certified by the Director General to be
5 a true copy of that code at the relevant time is evidence of that
code of practice without proof of the appointment or signature
of the Director General.
84. Breach of code of practice not sufficient to prove cruelty
Where a person is charged with an offence under Part 3 the fact
10 that the person has failed to act in accordance with a relevant
code of practice --
(a) must be taken into consideration by the court; but
(b) is not sufficient, on its own, to prove that the person
committed the offence.
15 85. Death of animal not sufficient to prove cruelty
Where a person is charged with an offence under Part 3 the fact
that the person killed the animal, or did something that
contributed to the death of the animal --
(a) must be taken into consideration by the court; but
20 (b) is not sufficient, on its own, to prove that the person
committed the offence.
86. Application of fines
A fine imposed as a penalty for an offence against this Act is to
be paid or credited to, if the offence was prosecuted by --
25 (a) an inspector who is a member of the staff of a local
government, that local government; or
(b) any other person, the Consolidated Fund.
page 60
Animal Welfare Bill 2001
Enforcement Part 5
General Division 6
s. 87
87. Disposal of forfeited property
(1) Property forfeited to the Crown under this Act may be sold,
destroyed or otherwise disposed of in the prescribed manner.
(2) Proceeds from the sale of forfeited property are to be used --
5 (a) firstly, to pay any unpaid fines payable by the owner of
the property;
(b) secondly, to pay any unpaid costs ordered under
section 55(2)(f) or 56 to be paid by the owner; and
(c) thirdly, to pay any unpaid costs ordered under
10 section 58(1) to be paid by the owner.
(3) Any of the proceeds remaining after the application of
subsection (2) are to be credited to the Consolidated Fund.
88. Penalties for body corporate
A body corporate that is convicted of an offence is liable to a
15 penalty of --
(a) if a minimum penalty is specified in relation to that
offence, not less than 5 times that minimum penalty; and
(b) in any event, a maximum penalty of not more than
5 times the maximum penalty specified in relation to
20 that offence.
page 61
Animal Welfare Bill 2001
Part 6 Miscellaneous
s. 89
Part 6 -- Miscellaneous
89. General power of Director General
The Director General may take such action as the Director
General considers appropriate generally to protect and promote
5 the welfare, safety and health of animals.
90. Delegation
(1) The Minister may delegate to the Director General any of the
Minister's functions under this Act other than this power of
delegation.
10 (2) The Director General may delegate to any person any of the
Director General's functions under this Act other than --
(a) this power of delegation; or
(b) a function delegated by the Minister under
subsection (1).
15 (3) A delegation --
(a) must be made in writing signed by the person making it;
and
(b) may delegate a function either generally or as provided
in the instrument.
20 91. Improper use of information
A person who performs a function under this Act must not
improperly use information acquired in the course of doing
so --
(a) to gain, directly or indirectly, an advantage for himself
25 or herself or another person; or
(b) to cause detriment to a person.
Penalty: $20 000 and imprisonment for one year.
page 62
Animal Welfare Bill 2001
Miscellaneous Part 6
s. 92
92. Protection from liability
(1) An action in tort does not lie against a person for anything that
the person has, in good faith, done in the performance or
purported performance of a function under this Act.
5 (2) If this section provides that an action does not lie against a
person for doing anything, the RSPCA, a local government of
which the person is a member of staff, and the Crown are also
relieved of any liability that they might otherwise have had for
the doing of the thing by the person.
10 (3) The protection given by this section applies even though the
thing done in the performance or purported performance of a
function under this Act may have been capable of being done
whether or not this Act had been enacted.
(4) A person who, at the request of an inspector, is assisting the
15 inspector to perform a function under this Act is taken, for the
purposes of this section, to be performing a function under this
Act.
(5) In this section a reference to the doing of anything includes a
reference to the omission to do anything.
20 93. Owner may claim compensation for injury or death
(1) If the malicious or negligent performance by a scientific
inspector of a function under this Act causes an injury to, or the
death of, an animal, the owner of the animal is entitled to
compensation.
25 (2) A claim for compensation is to be made to the Minister in the
prescribed form and manner within one year of the injury or
death.
page 63
Animal Welfare Bill 2001
Part 6 Miscellaneous
s. 93
(3) The Minister must --
(a) if satisfied on reasonable grounds that the owner is
entitled under subsection (1) to compensation, accept the
claim; or
5 (b) otherwise, reject the claim.
(4) If the Minister accepts a claim the amount of compensation
payable to the claimant is --
(a) the market value of the animal immediately before the
injury or death as determined by the Minister; or
10 (b) such lesser amount as the Minister determines to be
reasonable in the circumstances (including the extent, if
any, to which the owner or another person contributed to
the injury or death).
(5) Compensation payable under this section is to be paid out of the
15 Consolidated Fund and that Fund is appropriated accordingly by
this section.
(6) If a person is entitled to compensation under this section no
amount is payable (other than under this section) to any person
as compensation for the value of the animal.
20 (7) In this section --
"caused", in relation to an injury to, or the death of, an animal,
means --
(a) significantly contributed to the injury to, or the death
of, the animal; or
25 (b) in the case of an animal that was destroyed --
significantly contributed to, or significantly
exacerbated, the condition of the animal which
necessitated its destruction.
page 64
Animal Welfare Bill 2001
Miscellaneous Part 6
s. 94
94. Regulations
(1) The Governor may make regulations prescribing all matters that
are permitted to be prescribed, or that are necessary or
convenient to be prescribed to give effect to the purposes of this
5 Act.
(2) Without limiting subsection (1) regulations made under this
section may --
(a) provide that a contravention of a regulation is an offence
and provide a penalty not exceeding $20 000;
10 (b) exempt a specified person, or specified class of persons,
from the requirements of all or any of the provisions of
this Act;
(c) provide for all or any of the provisions of this Act not to
apply in relation to a specified animal or a specified
15 class of animals;
(d) adopt codes of practice relating to the use, care, welfare,
safety or health of animals either --
(i) as modified by the regulations;
(ii) as they exist at a particular date; or
20 (iii) as they are amended from time to time;
and
(e) prescribe the matters in respect of which fees are
payable under this Act, the amount of those fees, and the
persons who are to pay them.
page 65
Animal Welfare Bill 2001
Part 7 Repeal, consequential amendments and transitional provisions
s. 95
Part 7 -- Repeal, consequential amendments and
transitional provisions
95. Act repealed
The Prevention of Cruelty to Animals Act 1920 is repealed.
5 96. Fish Resources Management Act 1994 amended
(1) The amendments in this section are to the Fish Resources
Management Act 1994*.
[* Reprinted as at 28 April 2000.
For subsequent amendments see 2000 Index to Legislation of
10 Western Australia, Table 1, p. 167, and Acts No. 41 of 2000
and No. 10 of 2001.]
(2) After section 191 the following section is inserted --
"
191A. Additional powers of fisheries officers in relation to
15 cruelty
A fisheries officer may, for the purpose of enforcing
regulations made under section 258(va) or (vb),
exercise the powers conferred by the Animal Welfare
Act 2001 on general inspectors under that Act as if --
20 (a) the fisheries officer was such an inspector;
(b) fish were animals for all purposes under that
Act; and
(c) an offence under those regulations was an
offence under Part 3 of that Act.
25 ".
page 66
Animal Welfare Bill 2001
Repeal, consequential amendments and transitional provisions Part 7
s. 97
(3) After section 258(v) the following paragraphs are inserted --
"
(va) prescribe measures to --
(i) prevent cruelty to fish; and
5 (ii) provide for the welfare, safety and
health of fish;
(vb) provide for the adoption of codes of practice
relating to the use, care, welfare, safety or
health of fish either --
10 (i) as modified by the regulations;
(ii) as they exist at a particular date; or
(iii) as they are amended from time to time;
".
97. Wildlife Conservation Act 1950 amended
15 (1) The amendments in this section are to the Wildlife Conservation
Act 1950*.
[* Reprinted as at 20 November 1998.]
(2) After section 15(2)(c) the following paragraph is inserted --
"
20 (ca) The Minister may, by written notice given to
the holder of a licence, cancel a licence or
suspend it for such period as the Minister thinks
fit if --
(i) the holder of the licence is convicted of
25 an offence under the Animal Welfare
Act 2001; or
(ii) a licence under that Act held by the
holder of the licence is suspended or
revoked.
30 ".
page 67
Animal Welfare Bill 2001
Part 7 Repeal, consequential amendments and transitional provisions
s. 98
(3) Section 16 is amended as follows:
(a) in subsections (1) and (2) by deleting "A person" and
inserting instead --
" Subject to subsection (3), a person ";
5 (b) after subsection (2) by inserting the following
subsection --
"
(3) Despite subsections (1) and (2) an inspector under the
Animal Welfare Act 2001, or a person assisting an
10 inspector under that Act, may --
(a) destroy fauna if that is permitted under
section 41 of that Act; and
(b) be in possession of fauna that has been seized
under that Act for such period as is reasonably
15 necessary for the person to comply with
section 45 of that Act.
".
98. Transitional
Until the expiry of 3 years from the day on which this Act
20 comes into operation the reference in section 9(2)(b) to "this
Act" includes a reference to the Prevention of Cruelty to
Animals Act 1920.
page 68
Animal Welfare Bill 2001
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Agriculture WA................................................................................................ 5
animal .............................................................................................................. 5
animal ethics committee ................................................................................... 5
appealable decision ....................................................................................71(1)
authorised person ........................................................................................... 63
CALM ............................................................................................................. 5
caused ........................................................................................................93(7)
code of practice ................................................................................................ 5
Department ...................................................................................................... 5
Director General............................................................................................... 5
fauna................................................................................................................ 5
field site .....................................................................................................14(2)
Fisheries Western Australia .............................................................................. 5
general inspector .............................................................................................. 5
harm ................................................................................................................ 5
inspector .......................................................................................................... 5
licence.............................................................................................................. 5
non-residential place......................................................................................... 5
officer ........................................................................................................80(3)
owner.......................................................................................................44(11)
person in charge ............................................................................................... 5
pest ............................................................................................................24(2)
place ................................................................................................................ 5
prohibited activity ......................................................................................32(5)
record.........................................................................................................47(4)
relevant offence........................................................................................44(11)
RSPCA ............................................................................................................ 5
scientific establishment..................................................................................... 5
scientific inspector ........................................................................................... 5
scientific purposes ............................................................................................ 5
scientific use code ............................................................................................ 5
staff.................................................................................................................. 5
stock ..........................................................................................................26(2)
vehicle ............................................................................................................. 5
veterinary surgeon ............................................................................................ 5
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