Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
ANIMAL WELFARE AMENDMENT (REFORMATION)
BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 8 amended (Cruelty to Animals)
6. Section 11A substituted
11A. Rodeos, Greyhound Racing, and Factory Farming
7. Section 11B repealed (Functions of veterinary surgeon at rodeos)
8. Section 12 amended (Traps)
9. Section 16 amended (Power to enter, search and inspect premises)
10. Section 39 amended (Membership of Advisory Committee)
11. Repeal of Act
[Bill ]
2
ANIMAL WELFARE AMENDMENT (REFORMATION)
BILL 2018
(Brought in by Cassandra Stanwell O'Connor MP)
A BILL FOR
An Act to amend the Animal Welfare Act 1993 for the purpose of
banning factory farming techniques, greyhound racing, rodeos, and
enacting various other animal welfare reforms
Be it enacted by Her Excellency the Governor of Tasmania, by and
with the advice and consent of the Legislative Council and House of
Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Animal Welfare Amendment
(Reformation) Act 2018.
2. Commencement
The provisions of this Act, except where otherwise
indicated, commence on the day on which this Act
receives the Royal Assent.
3. Principal Act
In this Act, the Animal Welfare Act 1993* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as follows:
(a) by inserting before the definition of Advisory
Committee the following definition:
abandons, in relation to an animal, includes
the relinquishing of the care or charge of the
animal without ensuring that another person
has, or will immediately take, care or charge
of the animal;
*No. 63 of 1993
3
(b) by inserting after the definition of animal
welfare standards the following definitions:
appropriate and sufficient means -
(a) in relation to the provision of food
to an animal, that food of sufficient
quality is provided -
(i) in sufficient quantity to meet
the nutritional requirements of
maintaining the animal in
reasonable body condition and,
if appropriate, allowing for
growth and reproduction; and
(ii) as often as appropriate for
the digestive system and
metabolism of the animal; or
(b) in relation to the provision of
drink, that fluids of sufficient quality
are provided in sufficient quantity to
keep the animal hydrated at all times;
or
(c) in relation to the provision of
shelter, that shelter which affords
protection for the animal from the
adverse effects of weather conditions
is provided;
battery cage means a cage for housing a
fowl that does not allow the fowl to do all of
the following, whether because of the cage
itself (including its dimensions) or things in
the cage (including another fowl):
(a) fully stretch;
(b) perch;
(c) access litter;
(d) if a laying fowl, lay eggs in a nest.
4
(c) by inserting after the definition of Code of
Practice the following definition:
commercial purpose means any purpose
that includes the intent to obtain financial
reward from the use of an animal, the sale of
an animal, or the sale of products or services
derived from animals or animal labor.
(d) by inserting after the definition of conveyance
the following definition:
fowl means a domesticated fowl of the
species Gallus gallus.
(e) by inserting after the definition of Licensed
Institution the following definition:
management, in relation to an animal,
includes an act or failure to act in relation to
feeding, handling, transportation, routines or
regiments, confinement, administration or
application of substances, physical
alterations to the animal, or any activity or
practices which could reasonably be
expected to have a material impact on the
animal.
(f) by inserting after the definition of officer the
following definitions:
pain or suffering includes physical or
mental injury, suffering, or distress which
can be observed or reasonably inferred;
pest animal means an animal of a kind or
class which is entered in the pest register;
5
pest register means the pest register
established and maintained under section
8A.
(g) by inserting after the definition of society the
following definition:
unfit accommodation, for a pig kept by a
person, means accommodation--
(a) that does not allows the pig to--
(i) turn around, stand up or lie
down without difficulty; or
(ii) have a clean, comfortable
and adequately drained
place in which it can lie
down; or
(iii)maintain a comfortable
temperature; or
(iv) have outdoor access; or
(b) if the accommodation is for more
than one pig--that does not allow
each pig in the accommodation to
lie down at the same time; or
(c) if the person keeps more than one
pig--that does not allow the pig
to see another pig except if--
(i) the pig is isolated on the
advice of a veterinary
surgeon; or
(ii) it is a week before, or
during, farrowing for the
pig.
6
5. Section 8 amended (Cruelty to Animals)
(1) Section 8 of the Principal Act is amended by omitting
from subsection 2(c) "or subject" and substituting "or
may subject"
(2) Section 8, subsection 2of the Principal Act is amended
by inserting the following paragraph after paragraph
(j):
(ja)uses a pronged collar; or
(3) Section 8, subsection 3 is repealed.
6. Section 11A substituted
Section 11A of the Principal Act is repealed and the
following section is substituted:
11A. Rodeos, Greyhound Racing, and Factory
Farming
(1) A person must not organise, conduct, or
participate in a rodeo.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units; or
(b) a natural person, a fine not
exceeding 200 penalty units or
imprisonment for a term not
exceeding 12 months, or both.
(2) A person must not organise, conduct, or
participate in the racing of greyhounds
for gambling or commercial
entertainment purposes.
7
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units; or
(b) a natural person, a fine not
exceeding 200 penalty units or
imprisonment for a term not
exceeding 12 months, or both.
(3) A person must not keep a fowl in a
battery cage.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units; or
(b) a natural person, a fine not
exceeding 200 penalty units or
imprisonment for a term not
exceeding 12 months, or both.
(4) A person must not keep a pig in unfit
accommodation.
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units; or
(b) a natural person, a fine not
exceeding 200 penalty units or
imprisonment for a term not
exceeding 12 months, or both.
(5) A person, other than veterinary surgeon
who does so for therapeutic purpose,
must not remove or trim the beak of a
fowl.
8
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 1 000 penalty units; or
(b) a natural person, a fine not
exceeding 200 penalty units or
imprisonment for a term not
exceeding 12 months, or both.
(6) This section does not commence until 1
July, 2020.
7. Section 11B repealed (Functions of veterinary
surgeon at rodeos)
(1) Section 11B of the Principal Act is repealed.
(2) This section does not commence until 1 July, 2020.
8. Section 12 amended (Traps)
Section 12, subsection 2 of the Principal Act is amended
inserting "soft" before "leghold".
9. Section 16 amended (Power to enter, search and
inspect premises)
(1) Section 16 of the Principal Act is amended by
inserting the following new subsections after
subsection (1):
(1A) An officer may, without a warrant, enter
premises other than a dwelling to take
possession of an animal or to provide
veterinary or other appropriate treatment or
assistance to an animal if:
(a) they have a reasonably held belief
that the animal is in immediate and
urgent need of assistance or
veterinary or other appropriate
treatment;
9
(a) efforts to contact the land owner
which are reasonable in the
circumstances have been made; and
(b) it is not possible to obtain permission
from the land owner or doing so will
result in a substantial delay that is
reasonably likely to result in
unjustified pain or suffering or the
death or serious disablement of the
animal.
(1B) A magistrate or justice may grant a warrant
authorising the officer named in the warrant
to enter a premises, including a dwelling, to
take possession of an animal or to provide
veterinary or other appropriate treatment or
assistance to an animal if the magistrate or
justice is satisfied on application made on
oath by an officer that the officer reasonably
believes that:
(a) there is an animal on the premises
which is in need of assistance or
veterinary or other appropriate
treatment;
(b) reasonable efforts to contact the land
owner have been made; and
(c) it is not possible to obtain permission
from the land owner or doing so will
result in a delay that is reasonably
likely to result in unjustified pain or
suffering or the death or serious
disablement of the animal.
(2) Section 16, subsection 3A, paragraph (b) of the
Principal Act is amended by inserting ", including an
animal" after "Act".
10
10. Section 39 amended (Membership of Advisory
Committee)
(1) Section 39, subsection 1of the Principal Act is
amended by inserting the following paragraph after
paragraph (l):
(la) a person nominated by the Tasmanian
Conservation Trust; and
11. Repeal of Act
This Act is repealed on the three hundred and sixty fifth
day from the day on which all of the provisions of this
Act commence.
11