{"id":"tas:sr-2023-052","name":"Animal Welfare (General) Regulations (No. 2) 2023","slug":"animal-welfare-general-regulations-no-2-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"52 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179353,"registerId":"tas-tas:sr-2023-052-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Animal Welfare (General) Regulations (No. 2) 2023](/view/html/inforce/2026-04-12/sr-2023-052) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on the day on which their making is notified in the *Gazette*.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Animal Welfare Act 1993](/view/html/inforce/2026-04-12/act-1993-063) ;\n> \n> > ***year*** means a calendar year.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed animal","content":"### 4 Prescribed animal\n\n> For [paragraph (b) of the definition of ***animal*** in section 3](/view/html/inforce/2026-04-12/act-1993-063#GS3@Nd2@Hpb@EN) of the Act, a creature of the class *Cephalopoda* is prescribed as an animal for the purposes of [Part 4](/view/html/inforce/2026-04-12/act-1993-063#HP4@EN) of the Act.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed Code of Practice for rodeos","content":"### 5 Prescribed Code of Practice for rodeos\n\n> For the purposes of [section 11A(1)(a)](/view/html/inforce/2026-04-12/act-1993-063#GS11A@Gs1@Hpa@EN) of the Act, the prescribed Code of Practice for rodeos is the *National Consultative Committee on Animal Welfare (NCCAW) Standards for the Care and Treatment of Rodeo Livestock* published by the Commonwealth Department of Agriculture, Fisheries and Forestry on 10 June 2006, as amended or substituted from time to time.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Acts and procedures","content":"# Part 2 Acts and procedures","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prescribed acts constituting cruelty to animals","content":"### 6 Prescribed acts constituting cruelty to animals\n\n> > (1)  In this regulation –\n> > \n> > > ***docking*** means removal, by surgical or non-surgical means;\n> > \n> > > ***dog*** means an animal of the species *Canis familiaris*;\n> > \n> > > ***therapeutic purposes*** means the purposes of treating a disease or medical condition.\n> \n> > (2)  For the purposes of [section 8(2)(k)](/view/html/inforce/2026-04-12/act-1993-063#GS8@Gs2@Hpk@EN) of the Act, the following are prescribed acts:\n> > \n> > > > (a) the strangling of an animal with a device or by other means;\n> > > \n> > > > (b) the docking of all, or part, of the tail of a dog;\n> > > \n> > > > (c) causing or permitting the docking of all, or part, of the tail of a dog.\n> \n> > (3)  [Subregulation (2)(b)](#GS6@Gs2@Hpb@EN) does not apply to a veterinary surgeon who, using anaesthesia in respect of a dog, docks all, or part, of the tail of the dog for therapeutic purposes.\n> \n> > (4)  [Subregulation (2)(c)](#GS6@Gs2@Hpc@EN) does not apply to a person who causes or permits a veterinary surgeon to, using anaesthesia in respect of a dog, dock all, or part, of the tail of the dog for therapeutic purposes.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Inspector may determine if procedure is animal research","content":"### 7 Inspector may determine if procedure is animal research\n\n> > (1)  In this regulation –\n> > \n> > > ***procedure***, in relation to an animal, includes a test, experiment, inquiry and study, performed on the animal.\n> \n> > (2)  For the purposes of performing any function or exercising any power under the Act, an inspector may determine whether or not a procedure performed on an animal is animal research for the purposes of the Act.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Use of electrical current","content":"### 8 Use of electrical current\n\n> > (1)  A person must not restrain an animal by using a pulsed, low-frequency electrical current.\n> > \n> > Penalty:  Fine not exceeding 50 penalty units.\n> \n> > (2)  [Subregulation (1)](#GS8@Gs1@EN) does not apply to a veterinary surgeon acting in that capacity.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed penalties for infringement notices","content":"### 9 Prescribed penalties for infringement notices\n\n> Unless otherwise prescribed, the prescribed penalty for an offence specified in an infringement notice served on a person in accordance with [section 43A](/view/html/inforce/2026-04-12/act-1993-063#GS43A@EN) of the Act is 2 penalty units.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Licence application fees","content":"### 10 Licence application fees\n\n> The fees specified in [Schedule 1](#JS1@EN)  –\n> \n> > > (a) are payable –\n> > > \n> > > > > (i) in respect of an application for a licence to carry out animal research; and\n> > > > \n> > > > > (ii) for each year of that licence; and\n> > \n> > > (b) must be paid at the time of application for a licence to carry out animal research.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Legislation rescinded","content":"### 11 Legislation rescinded\n\n> The legislation specified in [Schedule 2](#JS2@EN) is rescinded.","sortOrder":13},{"sectionNumber":"SCHEDULE 1 - Fees","sectionType":"part","heading":"SCHEDULE 1 - Fees","content":"# SCHEDULE 1 - Fees SCHEDULE 1 - Fees\n\n[Regulation 10](#GS10@EN)\n\n|  | Applicant | Fee units |\n| 1. | Institutions based in Tasmania – | 180 |\n|  | (a) employing not more than 3 persons; and |  |\n|  | (b) having not more than 4 animal research project proposals each year |  |\n| 2. | Institutions based in Tasmania employing 4 or more persons | 360 |\n| 3. | Institutions based in Tasmania with 5 or more animal research project proposals each year | 360 |\n| 4. | Institutions based outside of Tasmania with own Animal Experimentation Ethics Committee | 90 |\n| 5. | Institutions based outside of Tasmania – | 180 |\n|  | (a) without own Animal Experimentation Ethics Committee; and |  |\n|  | (b) having not more than 4 animal research project proposals each year |  |\n| 6. | Institutions based outside of Tasmania – | 180 |\n|  | (a) without own Animal Experimentation Ethics Committee; and |  |\n|  | (b) having 5 or more animal research project proposals each year |  |\n| 7. | Institutions established solely for charitable purposes and not for profit or gain | 0 |","sortOrder":14},{"sectionNumber":"SCHEDULE 2 - Legislation resci","sectionType":"part","heading":"SCHEDULE 2 - Legislation rescinded","content":"# SCHEDULE 2 - Legislation resci SCHEDULE 2 - Legislation rescinded\n\n[Regulation 11](#GS11@EN)\n\n| Animal Welfare (General) Regulations 2023 (No. 41 of 2023) |\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 12 July 2023\n\nThese regulations are administered in the Department of Natural Resources and Environment Tasmania.","sortOrder":15}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from any original intent. The document contains only status and administrative information, with no substantive provisions visible."},"complexity_factors":["Only administrative metadata is present in the provided text — no substantive regulatory content is available to assess","Regulatory instruments of this type can vary widely in complexity; without the actual provisions, a meaningful complexity assessment cannot be made","The existence of an amendments table suggests some changes have occurred, which could add layers of complexity to the operative text","Score of 2 reflects the simplicity of what was actually provided, not necessarily the underlying regulation itself"],"plain_english_summary":"These are Tasmanian regulations made under the Animal Welfare Act (Animal Welfare (General) Regulations (No. 2) 2023), in force from 12 July 2023. The provided file contains only administrative metadata, not the substantive rules.\n\nIn practice these regulations set detailed legal standards for animal care and licensing in Tasmania, affecting farmers, pet owners, vets, research facilities, zoos and others; non‑compliance can bring fines or prosecution."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing specific acts of cruelty, setting fees for animal research licences, and operationalising the parent Act. The inclusion of cephalopods and rodeo standards represents natural evolution of animal welfare coverage rather than scope creep."},"complexity_factors":["Only 11 regulations plus 2 short schedules","Minimal defined terms (only 6 explicit definitions across the whole instrument)","Simple conditional structure with clear exceptions (subregulations (3) and (4) providing exemptions to tail docking bans)","Straightforward fee schedule with 7 categories based on objective criteria (employee numbers, project proposals, location, charitable status)","Single cross-reference to external document (NCCAW rodeo standards)","No nested exceptions or complex logical operators","Clear offence/penalty structure in regulation 8"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set specific rules under Tasmania's Animal Welfare Act 1993 to protect animals from cruelty and regulate animal research. They:\n\n* **Expand animal protection** to include cephalopods (octopuses, squids, cuttlefish) as \"animals\" under animal welfare laws\n* **Ban specific cruel acts**, including strangling animals and docking (cutting) dogs' tails, with limited exceptions for vets treating medical conditions\n* **Prohibit electric restraint devices** that use pulsed electrical currents (with an exception for veterinary surgeons)\n* **Set fees** for institutions wanting licences to conduct animal research, with different rates based on size, location, and whether they're non-profit\n* **Adopt national rodeo standards** by referencing the Commonwealth's 2006 rodeo livestock welfare standards\n* **Establish infringement penalties** at 2 penalty units for minor offences\n\n**Who it affects:**\n\n* **Pet owners** — especially those considering tail docking for dogs (now restricted to therapeutic purposes by vets only)\n* **Farmers and livestock handlers** — banned from using certain electric restraint devices\n* **Research institutions** — must pay annual fees for animal research licences (ranging from free for charities to 360 fee units for large Tasmanian institutions)\n* **Rodeo operators** — must comply with the referenced national standards\n* **Veterinary surgeons** — have specific exemptions allowing certain procedures when medically necessary\n\n**Why it matters:**\n\nThese regulations fill in the operational details of the broader Animal Welfare Act. They clarify exactly what counts as cruelty, ensure research facilities contribute to oversight costs through licensing fees, and modernise protections by including intelligent invertebrates like octopuses under animal welfare rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations materially change scope by expressly adding creatures of the class Cephalopoda as ‘animals’ for Part 4, thereby expanding who is protected (reg 4). They also specify new prescribed cruelty acts and exceptions (reg 6), introduce a ban on a restraint method with a quantified penalty (reg 8), set licence application fees and categories that impose direct costs on institutions and applicants (reg 10; Schedule 1), confer inspector power to classify procedures as animal research (reg 7), and rescind prior Animal Welfare (General) Regulations (reg 11; Schedule 2). Fees are payable by applicants at application time (reg 10); inspectors make binding determinations about research status (reg 7); infringement and penalty rules govern enforcement levels (regs 8–9)."},"complexity_factors":["Cross-references to the Animal Welfare Act and its Part 4 require reading the regulations alongside the Act to understand scope and offences (regs 3–5 reference the Act and Part 4).","Expansion of the statutory definition of ‘animal’ to include Cephalopoda for Part 4 alters coverage and may require reassessing existing projects and licences (reg 4).","Prescribed cruelty acts include specific definitions and limited exceptions that hinge on veterinary procedures and therapeutic purposes, increasing interpretive detail (reg 6(1)–(4)).","Inspector discretion to determine whether a procedure is ‘animal research’ centralises classification power and creates a single-point decision affecting enforcement and licence requirements (reg 7).","Operational prohibition with a quantified penalty adds enforcement clarity but requires enforcement capacity and proof (ban on pulsed low‑frequency electrical current; reg 8(1) — penalty up to 50 penalty units; reg 8(2) vet exception).","Fee structure uses tiered categories by institution type and activity level, producing administrative complexity for applicants and fee calculators (reg 10; Schedule 1).","Default infringement penalty set at 2 penalty units delegates many enforcement outcomes to infringement notices, affecting compliance incentives (reg 9).","Rescission of prior regulations requires transitional administrative action and updating of compliance guidance (reg 11; Schedule 2).","Multiple small definitions (e.g. ‘docking’, ‘dog’, ‘therapeutic purposes’) affect scope of offences and exceptions and may require factual determinations in enforcement (reg 6(1))."],"plain_english_summary":"These regulations amend how the Animal Welfare Act operates by adding cephalopods as protected animals for Part 4, listing specific acts as cruelty (including tail docking of dogs, with a veterinary exception), banning pulsed low‑frequency electrical restraint (veterinary exception), prescribing a national rodeo code, fixing licence application fees, and rescinding prior regulations. They affect researchers, institutions, veterinarians and animal handlers by changing who is entitled to protection, creating defined offences and exceptions, setting administrative fees (Schedule 1; reg 10) and giving inspectors power to classify procedures as animal research (reg 7)."}},"importantCases":[],"_links":{"self":"/api/acts/animal-welfare-general-regulations-no-2-2023","history":"/api/acts/animal-welfare-general-regulations-no-2-2023/history","analysis":"/api/acts/animal-welfare-general-regulations-no-2-2023/analysis","conflicts":"/api/acts/animal-welfare-general-regulations-no-2-2023/conflicts","importantCases":"/api/acts/animal-welfare-general-regulations-no-2-2023/important-cases","documents":"/api/acts/animal-welfare-general-regulations-no-2-2023/documents"}}