Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025

40—1 page i Western Australia Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Contents Part 1 — Preliminary

1. Short title 2
2. Commencement 2 Part 2 — Animal Welfare Act 2002 amended
3. Act amended 3
4. Section 3 amended 3
5. Section 5 amended 3
6. Part 1A inserted 4 Part 1A — Office of Chief Animal Protection Officer Division 1 — Preliminary 5A. Terms used 4 Division 2 — Office of Chief Animal Protection Officer Subdivision 1 — Appointment 5B. Appointment of Chief Animal Protection Officer 4 5C. Remuneration, terms and conditions 5 5D. Oath or affirmation 5 5E. Persons eligible for appointment 6 5F. When office becomes vacant 7 5G. Resignation 7 5H. Suspension or removal from office 7 5I. Outside employment 8 5J. Conflict of interest 9 5K. Public service officer appointed as Chief Animal Protection Officer 9 5L. Appointment of Acting Chief Animal Protection Officer 10

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Contents page ii Subdivision 2 — Functions of Chief Animal Protection Officer 5M. Functions of Chief Animal Protection Officer 12 5N. Delegations 13 Subdivision 3 — Notices to produce or attend 5O. Term used: notice to produce or attend 14 5P. Purposes for exercise of powers 14 5Q. Notice to produce or attend 14 5R. Contents of notice to produce or attend 15 5S. Variation or withdrawal of notice to produce or attend 16 5T. Powers of Chief Animal Protection Officer in relation to persons attending and documents 16 5U. Failure to comply with notice to produce or attend 16 Subdivision 4 — Staff and related provisions 5V. Staff 17 5W. Use of government staff and facilities 17 5X. Engagement of service providers 18 Subdivision 5 — Chief Animal Protection Officer’s relationship with Minister 5Y. Independence of Chief Animal Protection Officer 18 5Z. Minister may give directions 18 5ZA. Minister may request information 19 Division 3 — Independent Office of Animal Protection 5ZB. Independent Office of Animal Protection 21 Division 4 — Animal Protection Advisory Committee 5ZC. Animal Protection Advisory Committee established 21 5ZD. Membership of Committee 21 5ZE. Function of Committee 22 5ZF. Regulations about Committee 22 5ZG. Annual report of Committee 23 Division 5 — Reporting requirements for Chief Animal Protection Officer Subdivision 1 — Preparation of reports by Chief Animal Protection Officer 5ZH. Annual reports 24 5ZI. Reports on other matters 24 Subdivision 2 — General provisions 5ZJ. Terms used 25 5ZK. Information included in reports 25

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Contents page iii 5ZL. Adverse matters in report 26 5ZM. Minister to be given and may comment on draft reports 26 5ZN. Reports to be laid before Parliament 27 5ZO. Publication of reports 27 Division 6 — Regulations 5ZP. Regulations about Chief Animal Protection Officer 28 7. Section 33 amended 28 8. Section 35A amended 29 9. Section 64 replaced 29 64. Appointment of authorised persons 29 10. Section 65 amended 30 11. Section 82 amended 30 12. Section 89 deleted 31 13. Section 90 amended 31 14. Section 90A inserted 31 90A. Information sharing 31 15. Section 92 amended 33 16. Section 94 amended 33 17. Section 94A inserted 34 94A. Transitional provisions for Animal Welfare Amendment (Chief Animal Protection Officer) Act 2025 34 18. Various references to “CEO” amended 35 Part 3 — Cat Act 2011 amended 19. Act amended 37 20. Section 3 amended 37 21. Section 86A inserted 37 86A. Report for Chief Animal Protection Officer 37 Part 4 — Dog Act 1976 amended 22. Act amended 39 23. Section 3 amended 39 24. Part X Division 1A inserted 39 Division 1A — Report for Chief Animal Protection Officer 53. Report for Chief Animal Protection Officer 39

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Contents page iv Part 5 — Consequential amendments 25. Biodiversity Conservation Act 2016 amended 41 26. Biosecurity and Agriculture Management Act 2007 amended 41

page 1 Western Australia LEGISLATIVE COUNCIL (Introduced by Hon. Ms Amanda Dorn, MLC) Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 A Bill for An Act to amend the Animal Welfare Act 2002 and to make consequential amendments to — • the Cat Act 2011; and • the Dog Act 1976; and • various other Acts. The Parliament of Western Australia enacts as follows:

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 1 Preliminary s. 1 page 2 Part 1 — Preliminary1

1. Short title2 This is the Animal Welfare Amendment (Chief Animal3 Protection Officer) Act 2025.4
2. Commencement5 This Act comes into operation as follows —6 (a) Part 1 — on the day on which this Act receives the7 Royal Assent (assent day);8 (b) the rest of the Act — on the day after the period of9 6 months beginning on assent day.10

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 3 page 3 Part 2 — Animal Welfare Act 2002 amended1 3. Act amended2 This Part amends the Animal Welfare Act 2002.3 4. Section 3 amended4 At the beginning of section 3 insert:5 6 (1A) This Act establishes the office of the Chief Animal7 Protection Officer, responsible for —8 (a) the administration and enforcement of this Act;9 and10 (b) the oversight and review of animal welfare11 Acts; and12 (c) the preparation of various reports, as required13 by this Act, to be tabled in Parliament.14 15 5. Section 5 amended16 (1) In section 5(1) delete the definitions of:17 Agriculture WA18 CEO19 Department20 Fisheries Western Australia21 RSPCA22 (2) In section 5(1) insert in alphabetical order:23 24 animal welfare Act means —25 (a) this Act; and26 (b) the Cat Act 2011; and27

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 4 (c) the Dog Act 1976; and1 (d) any other Act prescribed by the regulations;2 Chief Animal Protection Officer means the person3 appointed to the office of Chief Animal Protection4 Officer under section 5B(2);5 6 6. Part 1A inserted7 After section 5 insert:8 9 Part 1A — Office of Chief Animal Protection10 Officer11 Division 1 — Preliminary12 5A. Terms used13 In this Part —14 Acting Chief Animal Protection Officer means a15 person appointed as an Acting Chief Animal Protection16 Officer under section 5L(1);17 Committee means the Animal Protection Advisory18 Committee established under section 5ZC;19 eligible person means a person who is eligible for20 appointment under section 5E.21 Division 2 — Office of Chief Animal Protection Officer22 Subdivision 1 — Appointment23 5B. Appointment of Chief Animal Protection Officer24 (1) An office called the Chief Animal Protection Officer is25 established.26

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 5 (2) The Governor may, on the recommendation of the1 Attorney General, appoint an eligible person to be the2 Chief Animal Protection Officer.3 (3) Before making a recommendation under subsection (2),4 the Attorney General must consult with the Committee.5 (4) The office of Chief Animal Protection Officer is not an6 office in the Public Service.7 (5) Subject to section 5H, the Chief Animal Protection8 Officer holds office for the period, not exceeding9 5 years, specified in the instrument of appointment.10 (6) A person who has been appointed as the Chief Animal11 Protection Officer is eligible for reappointment once.12 5C. Remuneration, terms and conditions13 (1) Subject to the Salaries and Allowances Act 1975, the14 Chief Animal Protection Officer is entitled to be paid15 the remuneration determined by the Governor.16 (2) The Chief Animal Protection Officer’s rate of17 remuneration must not be reduced during a term of18 office of the Chief Animal Protection Officer without19 the Chief Animal Protection Officer’s consent.20 (3) The Governor may determine —21 (a) the leave of absence to which the Chief Animal22 Protection Officer is entitled; and23 (b) other terms and conditions of service that apply24 to the Chief Animal Protection Officer.25 5D. Oath or affirmation26 (1) Before performing the functions of the Chief Animal27 Protection Officer for the first time, the Chief Animal28 Protection Officer or a person appointed to act in the29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 6 office of Chief Animal Protection Officer must take an1 oath, or make an affirmation —2 (a) that they will faithfully and impartially perform3 those functions; and4 (b) that they will not, except in accordance with an5 animal welfare Act, divulge any information6 received in the performance of those functions.7 (2) The oath or affirmation must be administered by the8 Governor.9 5E. Persons eligible for appointment10 (1) Subject to subsection (2), a person is eligible for11 appointment as the Chief Animal Protection Officer if12 the person is, in the opinion of the Governor, suitable13 for appointment as the Chief Animal Protection Officer14 by reason of the person’s —15 (a) good character; and16 (b) knowledge and expertise in 1 or more of the17 following areas, whether in this State or18 elsewhere —19 (i) animal welfare regulation or20 enforcement;21 (ii) veterinary science, animal science or22 animal welfare science;23 (iii) law (particularly administrative law or24 public law);25 (iv) public administration, public integrity or26 administrative oversight;27 (v) community education and public28 awareness in relation to animal welfare.29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 7 (2) A person is not eligible for appointment under1 subsection (1) if the person —2 (a) is or has been a board member, a director or3 other officer of a company, body, or association4 that is or was principally engaged in the use of5 animals for commercial purposes; or6 (b) is, or has at any time within the previous7 2 years been, a member of either House of8 Parliament.9 5F. When office becomes vacant10 The office of the Chief Animal Protection Officer11 becomes vacant if —12 (a) the period for which the Chief Animal13 Protection Officer holds office expires; or14 (b) the Chief Animal Protection Officer —15 (i) dies; or16 (ii) resigns under section 5G; or17 (iii) is removed from office under18 section 5H(1).19 5G. Resignation20 (1) The Chief Animal Protection Officer may at any time21 resign from office by written notice addressed to the22 Governor.23 (2) The resignation takes effect on the day on which the24 notice is given to the Governor or on a later day25 specified in the notice.26 5H. Suspension or removal from office27 (1) The Chief Animal Protection Officer may, at any time,28 be suspended or removed from office by the Governor29 on addresses from both Houses of Parliament.30

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 8 (2) The Governor may suspend the Chief Animal1 Protection Officer from office if the Governor is2 satisfied that the Chief Animal Protection Officer —3 (a) is physically or mentally incapable of4 performing the duties of their office; or5 (b) has shown incompetence or neglect in6 performing those duties; or7 (c) is, according to the Interpretation Act 19848 section 13D, a bankrupt or a person whose9 affairs are under insolvency laws; or10 (d) has been guilty of misconduct as defined in the11 Corruption, Crime and Misconduct Act 200312 section 4; or13 (e) if regulations made for the purposes of14 section 94(2)(da) are in force — has committed15 a breach of a code of ethics in circumstances16 that are set out in the code of ethics as being a17 serious breach of ethics.18 (3) If the Chief Animal Protection Officer is suspended19 under subsection (2), the suspended Chief Animal20 Protection Officer is restored to office unless —21 (a) a statement of the grounds of suspension is laid22 before each House of Parliament during the23 first 7 sitting days of that House following the24 day of suspension; and25 (b) each House of Parliament, during the session in26 which the statement is so laid, and within 3027 sitting days after it is so laid, passes an address28 requesting the removal of the suspended Chief29 Animal Protection Officer from office.30 5I. Outside employment31 (1) The Chief Animal Protection Officer must not engage32 in paid employment outside the Chief Animal33

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 9 Protection Officer’s functions under a written law1 without the approval of the Governor.2 (2) The Governor must not grant an approval under3 subsection (1) if, in the opinion of the Governor,4 engaging in the paid employment would conflict, or5 may conflict, with the Chief Animal Protection6 Officer’s functions as the Chief Animal Protection7 Officer.8 5J. Conflict of interest9 If the Chief Animal Protection Officer is or becomes10 aware that they have an interest that conflicts or may11 conflict with the fair and impartial performance of a12 function of the office of the Chief Animal Protection13 Officer, the Chief Animal Protection Officer must —14 (a) not take part, or take further part, in the15 performance of the function; and16 (b) as soon as practicable, give notice about the17 matter to the Governor.18 5K. Public service officer appointed as Chief Animal19 Protection Officer20 (1) If a person who is a public service officer is appointed21 as the Chief Animal Protection Officer, the person is22 entitled to retain any accruing and existing rights,23 including any rights under the State Superannuation24 Act 2000, as if service as the Chief Animal Protection25 Officer were a continuation of service as a public26 service officer.27 (2) If a person ceases to be the Chief Animal Protection28 Officer and becomes a public service officer, the29 person’s service as the Chief Animal Protection Officer30 is to be regarded as service in the Public Service for the31 purpose of determining that person’s rights as a public32

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 10 service officer and, if applicable, for the purposes of1 the State Superannuation Act 2000.2 (3) Subsection (4) applies to a person if —3 (a) immediately before the person is appointed as4 the Chief Animal Protection Officer, the person5 occupies an office under the Public Sector6 Management Act 1994 Part 3; and7 (b) the person serves 1 or more continuous terms of8 appointment as the Chief Animal Protection9 Officer; and10 (c) the period of the last of those appointments11 expires by the passage of time and the person is12 not again appointed as the Chief Animal13 Protection Officer.14 (4) The person is entitled to be appointed to an office15 under the Public Sector Management Act 1994 Part 316 of at least the equivalent level of classification as the17 office under that Part referred to in subsection (3)(a).18 5L. Appointment of Acting Chief Animal Protection19 Officer20 (1) The Governor may appoint an eligible person to act in21 the office of Chief Animal Protection Officer —22 (a) during a period —23 (i) when the Chief Animal Protection24 Officer is on leave of absence or unable25 to perform the functions of the Chief26 Animal Protection Officer; or27 (ii) when the Chief Animal Protection28 Officer is suspended;29 or30 (b) when the office of the Chief Animal Protection31 Officer is vacant; or32

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 11 (c) in relation to a particular matter — if the Chief1 Animal Protection Officer or a person2 appointed under this subsection has, under3 section 5J(b), given notice to the Governor4 about the matter.5 (2) The Governor may determine —6 (a) any remuneration to which an Acting Chief7 Animal Protection Officer is entitled; and8 (b) any leave of absence to which an Acting Chief9 Animal Protection Officer is entitled; and10 (c) other terms and conditions of service that apply11 to an Acting Chief Animal Protection Officer.12 (3) The appointment of an Acting Chief Animal Protection13 Officer under subsection (1) —14 (a) may be made at any time and may be15 terminated at any time by the Governor; and16 (b) may be expressed to have effect only in the17 circumstances specified by the Governor.18 (4) The validity of anything done by, to, or in relation to, a19 person purporting to act under subsection (1) is not to20 be called into question on the ground that —21 (a) the occasion for an appointment under that22 subsection had not arisen; or23 (b) there is a defect or irregularity in the24 appointment; or25 (c) the appointment had ceased to have effect; or26 (d) the occasion for the person to act had not arisen27 or had ceased.28

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 12 Subdivision 2 — Functions of Chief Animal Protection1 Officer2 5M. Functions of Chief Animal Protection Officer3 (1) The Chief Animal Protection Officer has the following4 functions —5 (a) to oversee the administration of this Act;6 (b) to review and monitor, including to conduct7 inquiries, commission research and prepare8 reports about, the following —9 (i) animal welfare Acts;10 (ii) government policies and guidelines11 about animal welfare;12 (iii) compliance with, and the enforcement13 and effectiveness of, animal welfare14 Acts;15 (iv) the treatment of animals in particular16 industries or sectors, including17 greyhound racing, horse racing,18 agriculture and medical and scientific19 research;20 (c) to develop policies and guidelines about animal21 welfare;22 (d) to liaise with bodies responsible for national23 policies and guidelines about animal welfare;24 (e) to develop an animal welfare strategy that25 provides for a State-wide framework for the26 following —27 (i) identifying and prioritising animal28 welfare issues;29 (ii) coordinating stakeholder action;30

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 13 (iii) improving consistency across all1 industries and sectors that involve2 animals;3 (f) to review and recommend updates to any code4 of practice adopted by the regulations under5 section 94(2)(d);6 (g) to collect and disseminate information about7 animal welfare issues in the State;8 (h) any other function given to the Chief Animal9 Protection Officer under an animal welfare Act10 or another written law.11 (2) The Chief Animal Protection Officer may take such12 action as the Chief Animal Protection Officer considers13 appropriate generally to protect and promote the14 welfare, safety and health of animals.15 (3) The Chief Animal Protection Officer has all the powers16 that are needed for the performance of the Chief17 Animal Protection Officer’s functions.18 5N. Delegations19 (1) In this section —20 member of staff means —21 (a) a public service officer appointed or made22 available under section 5V; or23 (b) a person in relation to whom an arrangement24 under section 5W is in effect.25 (2) The Chief Animal Protection Officer may delegate to a26 member of staff any power or duty of the Chief Animal27 Protection Officer, other than —28 (a) the power of delegation under this section; or29 (b) a power or duty delegated to the Chief Animal30 Protection Officer under section 90(1).31

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 14 (3) A delegation under this section must be in writing1 signed by the person making the delegation.2 (4) A person to whom a power or duty is delegated under3 this section cannot delegate that power or duty.4 (5) A person exercising or performing a power or duty that5 has been delegated to the person under this section is6 taken to do so in accordance with the terms of the7 delegation unless the contrary is shown.8 (6) Nothing in this section limits the ability of the Chief9 Animal Protection Officer to perform a function10 through an officer or agent.11 Subdivision 3 — Notices to produce or attend12 5O. Term used: notice to produce or attend13 In this Subdivision —14 notice to produce or attend has the meaning given in15 section 5Q.16 5P. Purposes for exercise of powers17 The powers in this Subdivision may only be exercised18 for the purpose of a function referred to in19 section 5M(1)(b).20 5Q. Notice to produce or attend21 If the Chief Animal Protection Officer has reason to22 believe that a person has information or a document23 that is relevant to a function referred to in24 section 5M(1)(b), the Chief Animal Protection Officer25 may give the person a written notice (a notice to26 produce or attend) requiring the person —27 (a) to give to the Chief Animal Protection Officer28 specified relevant information or documents; or29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 15 (b) to attend before the Chief Animal Protection1 Officer to do either or both of the following —2 (i) give to the Chief Animal Protection3 Officer specified relevant documents;4 (ii) answer relevant questions.5 5R. Contents of notice to produce or attend6 (1) A notice to produce or attend that includes a7 requirement to give information or documents under8 section 5Q(a) must specify —9 (a) the time by which, or period within which, the10 information or documents must be given; and11 (b) the manner in which the documents must be12 given, which may be by electronic means.13 (2) A notice to produce or attend that includes a14 requirement for a person to attend before the Chief15 Animal Protection Officer under section 5Q(b) must16 specify —17 (a) the day and time when the person must attend;18 and19 (b) the place at which, or means of audiovisual20 communication by which, the person must21 attend; and22 (c) if documents are required to be given — the23 manner in which the documents must be given,24 which may be by electronic means.25 (3) A notice to produce or attend must also include an26 explanation of the effect of section 5U.27

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 16 5S. Variation or withdrawal of notice to produce or1 attend2 The Chief Animal Protection Officer may vary or3 withdraw a notice to produce or attend given to a4 person by further written notice given to the person.5 5T. Powers of Chief Animal Protection Officer in6 relation to persons attending and documents7 (1) The Chief Animal Protection Officer may administer8 an oath or affirmation to a person attending before the9 Chief Animal Protection Officer in accordance with a10 notice to produce or attend and may examine the11 person on oath or affirmation.12 (2) The oath or affirmation to be taken or made by a13 person for the purposes of this section is an oath or14 affirmation that the answers the person will give will15 be true.16 (3) The Chief Animal Protection Officer may do any of the17 following in relation to a document given to the Chief18 Animal Protection Officer in accordance with a notice19 to produce or attend —20 (a) inspect the document;21 (b) retain the document for a period the Chief22 Animal Protection Officer considers23 reasonable;24 (c) make copies of the document or any of its25 contents.26 5U. Failure to comply with notice to produce or attend27 (1) A person given a notice to produce or attend must not,28 without reasonable excuse, refuse or fail to comply29 with a requirement under the notice.30 Penalty for this subsection: a fine of $6 000.31

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 17 (2) It is not a reasonable excuse to refuse or fail to comply1 with a requirement under a notice to produce or attend2 on the basis that compliance would be inconsistent3 with a duty of confidentiality or secrecy imposed by4 law.5 (3) If a person gives information or documents, or answers6 questions, in good faith in compliance with a7 requirement under a notice to produce or attend —8 (a) no civil or criminal liability is incurred in9 respect of the giving of the information or10 documents or answering of questions; and11 (b) the giving of the information or documents or12 answering of questions is not to be regarded as13 a breach of any duty of confidentiality or14 secrecy imposed by law; and15 (c) the giving of the information or documents or16 answering of questions is not to be regarded as17 a breach of professional ethics or standards or18 as unprofessional conduct.19 Subdivision 4 — Staff and related provisions20 5V. Staff21 Public service officers may be appointed or made22 available under the Public Sector Management23 Act 1994 Part 3 to support the Chief Animal Protection24 Officer in the performance of their functions.25 5W. Use of government staff and facilities26 (1) The Chief Animal Protection Officer may, by27 arrangement with the relevant employer, make use,28 either full-time or part-time, of the services of an29 officer or employee —30 (a) in the Public Service; or31

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 18 (b) in a State agency; or1 (c) otherwise in the service of the State.2 (2) The Chief Animal Protection Officer may, by3 arrangement with a department of the Public Service or4 a State agency, make use of any facilities of the5 department or agency.6 (3) An arrangement under subsection (1) or (2) must be7 made on terms agreed to by the parties.8 5X. Engagement of service providers9 (1) The Chief Animal Protection Officer may engage10 suitably qualified persons to provide services,11 information or advice to the Chief Animal Protection12 Officer.13 (2) A person engaged by the Chief Animal Protection14 Officer under subsection (1) is engaged on the terms15 and conditions decided by the Chief Animal Protection16 Officer.17 Subdivision 5 — Chief Animal Protection Officer’s18 relationship with Minister19 5Y. Independence of Chief Animal Protection Officer20 Except as provided in an animal welfare Act, the Chief21 Animal Protection Officer is not subject to direction by22 the Minister or any other person in the performance of23 the Chief Animal Protection Officer’s functions.24 5Z. Minister may give directions25 (1) The Minister may give written directions to the Chief26 Animal Protection Officer as to the general policy to be27 followed in the performance of the Chief Animal28 Protection Officer’s functions.29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 19 (2) A direction must not be given under subsection (1) in1 respect of a particular matter.2 (3) The Minister must cause the text of a direction under3 subsection (1) to be laid before each House of4 Parliament within 14 sitting days after the direction is5 given.6 (4) The Chief Animal Protection Officer must comply with7 a direction under subsection (1) unless, in the Chief8 Animal Protection Officer’s opinion, there are9 reasonable grounds for not complying with the10 direction.11 (5) If the Chief Animal Protection Officer refuses to12 comply with a direction under subsection (1), the Chief13 Animal Protection Officer must include in the report14 referred to in section 5ZH(1) the text of the direction15 and the reasons for refusing to comply with the16 direction.17 5ZA. Minister may request information18 (1) In this section —19 information means information specified, or of a20 description specified, by the Minister that relates to the21 Chief Animal Protection Officer’s functions.22 (2) The Minister may request that the Chief Animal23 Protection Officer —24 (a) give information in the possession of the Chief25 Animal Protection Officer to the Minister; or26 (b) give the Minister access to that information.27 (3) The Chief Animal Protection Officer must comply with28 a request under subsection (2) unless, in the Chief29 Animal Protection Officer’s opinion, there are30 reasonable grounds for not complying with the request.31

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 20 (4) Without limiting subsection (3), reasonable grounds for1 not complying with the request include the2 following —3 (a) the information would be privileged from4 production on the ground of legal professional5 privilege;6 (b) compliance with the request would constitute a7 breach of a duty of confidentiality or secrecy8 imposed by law for which a legal or equitable9 remedy could be obtained;10 (c) compliance with the request would be likely to11 prejudice —12 (i) an investigation of any contravention or13 possible contravention of a provision of14 an animal welfare Act; or15 (ii) the administration or enforcement of an16 animal welfare Act;17 (d) compliance with the request would reasonably18 be expected to reveal, or enable to be19 ascertained, the identity of any person as —20 (i) a person who has made an appropriate21 disclosure of public interest information22 under the Public Interest Disclosure23 Act 2003; or24 (ii) a person in respect of whom a25 disclosure of public interest information26 has been made under the Public Interest27 Disclosure Act 2003.28

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 21 Division 3 — Independent Office of Animal Protection1 5ZB. Independent Office of Animal Protection2 The Independent Office of Animal Protection is the3 entity consisting of —4 (a) the Chief Animal Protection Officer; and5 (b) public service officers appointed or made6 available under section 5V; and7 (c) persons in relation to whom an arrangement8 under section 5W is in effect.9 Division 4 — Animal Protection Advisory Committee10 5ZC. Animal Protection Advisory Committee established11 A committee called the Animal Protection Advisory12 Committee is established.13 5ZD. Membership of Committee14 (1) The Committee consists of at least 7 and no more than15 11 committee members appointed by the Attorney16 General.17 (2) The Attorney General must ensure that each person18 appointed under subsection (1) has appropriate19 qualifications, skills or experience relevant to the20 functions of the Committee.21 (3) A person may be appointed under subsection (1) —22 (a) for a period not exceeding 3 years; and23 (b) on a full-time basis or part-time basis.24 (4) A person who has been appointed under subsection (1)25 is eligible for reappointment.26

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 22 5ZE. Function of Committee1 (1) The Committee has the function of advising the Chief2 Animal Protection Officer in relation to the3 performance of the Chief Animal Protection Officer’s4 functions.5 (2) For the purpose of subsection (1), advice may be6 provided about the following —7 (a) the animal science industry, including —8 (i) animal welfare issues; and9 (ii) current veterinary practices; and10 (iii) the use of animals for scientific11 purposes;12 (b) the care and regulation of domestic animals;13 (c) the care, management and conservation of14 native wildlife and exhibited animals;15 (d) ethical considerations in relation to any of the16 matters provided for in paragraphs (a) to (c);17 (e) existing or proposed legislation connected to, or18 for the purposes of, animal welfare;19 (f) the development of public policy relating to20 animal welfare;21 (g) how best to improve community awareness in22 relation to animal welfare issues.23 (3) The Committee may consult with any person or body24 for the purposes of providing advice to the Chief25 Animal Protection Officer.26 5ZF. Regulations about Committee27 (1) Without limiting section 94(1), regulations may be28 made under that section for or in relation to the29 Committee.30

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 23 (2) Without limiting subsection (1), regulations made1 under that subsection may make provision for or in2 relation to any of the following —3 (a) the appointment of persons as members of the4 Committee, including that members —5 (i) possess particular expertise or6 qualifications; or7 (ii) represent particular interest groups,8 industries or occupations;9 (b) the appointment of a chairperson and deputy10 chairperson of the Committee;11 (c) the conditions of appointment of members of12 the Committee, including remuneration,13 allowances and leave;14 (d) the resignation or removal of members of the15 Committee;16 (e) meetings and procedures of the Committee,17 including the management of any conflicts of18 interest relating to the Committee.19 (3) Subject to any regulations made under subsection (1),20 the Committee may determine its own procedures.21 5ZG. Annual report of Committee22 (1) The Committee must, within 3 months after 30 June in23 each year, prepare a report (an annual report) as to the24 Committee’s general activities during the financial year25 ending on that day.26 (2) The Committee must give a copy of the annual report27 to the Minister within 30 days after the annual report is28 prepared.29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 24 (3) The Minister must cause a copy of the annual report to1 be laid before each House of Parliament within2 9 sitting days of the House after the annual report is3 received by the Minister.4 Division 5 — Reporting requirements for Chief Animal5 Protection Officer6 Subdivision 1 — Preparation of reports by Chief Animal7 Protection Officer8 5ZH. Annual reports9 (1) The Chief Animal Protection Officer must, within10 3 months after 30 June in each year, prepare a report as11 to the Chief Animal Protection Officer’s general12 activities during the financial year ending on that day.13 (2) The report required under subsection (1) may be14 prepared and dealt with in conjunction with any report15 required under the Financial Management Act 2006 in16 respect of the Chief Animal Protection Officer.17 5ZI. Reports on other matters18 The Chief Animal Protection Officer may from time to19 time prepare a report on —20 (a) any inquiry, review or research conducted in21 the performance of the Chief Animal Protection22 Officer’s functions; or23 (b) any other matter arising in the performance of24 the Chief Animal Protection Officer’s25 functions.26

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 25 Subdivision 2 — General provisions1 5ZJ. Terms used2 In this Subdivision —3 report means a report prepared under Subdivision 1;4 reporting period means the period commencing on5 1 July and ending on the next following 30 June.6 5ZK. Information included in reports7 (1) If, during a reporting period, the Chief Animal8 Protection Officer refused to comply with a request9 under section 5ZA(2), details of the request and the10 reasons provided by the Chief Animal Protection11 Officer for refusing to comply must be included in the12 report prepared under section 5ZH for the reporting13 period.14 (2) A report must not include information that —15 (a) is privileged on the ground of legal professional16 privilege; or17 (b) if included, would constitute a breach of a duty18 of confidentiality or secrecy imposed by law for19 which a legal or equitable remedy could be20 obtained; or21 (c) if included, would likely prejudice —22 (i) an investigation of any contravention or23 possible contravention of a provision of24 an animal welfare Act; or25 (ii) the administration or enforcement of an26 animal welfare Act;27 or28

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 6 page 26 (d) reveals, or enables to be ascertained, the1 identity of any person as —2 (i) a person who has made an appropriate3 disclosure of public interest information4 under the Public Interest Disclosure5 Act 2003; or6 (ii) a person in respect of whom a7 disclosure of public interest information8 has been made under the Public Interest9 Disclosure Act 2003.10 (3) Subject to subsection (2), a report may include —11 (a) recommendations for changes to any written12 law, draft law, policy, practice or procedure, or13 for the taking of other action, that the Chief14 Animal Protection Officer considers15 appropriate to improve the welfare of animals;16 and17 (b) any other information that relates to the18 functions of the Chief Animal Protection19 Officer that the Chief Animal Protection20 Officer considers is in the public interest.21 5ZL. Adverse matters in report22 Before including in a report any matters adverse to a23 person or body, the Chief Animal Protection Officer24 must give the person or body a reasonable opportunity25 to make representations to the Chief Animal Protection26 Officer concerning those matters.27 5ZM. Minister to be given and may comment on draft28 reports29 (1) The Chief Animal Protection Officer must give the30 Minister a draft of each report.31

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 6 page 27 (2) The Minister may issue written comments to the Chief1 Animal Protection Officer on a draft report.2 (3) The Minister may, in writing, request the Chief Animal3 Protection Officer to consult with any person in4 relation to a draft report.5 (4) The Chief Animal Protection Officer is not required6 to —7 (a) undertake consultation in response to a request8 under subsection (3); or9 (b) make changes to a draft report as a result of any10 comments issued under subsection (2) or11 consultation undertaken in response to a request12 under subsection (3).13 (5) A report must include a copy of any comments issued14 under subsection (2) in relation to a draft of the report.15 5ZN. Reports to be laid before Parliament16 (1) The Chief Animal Protection Officer must cause a17 copy of a report to be laid before each House of18 Parliament within 21 sitting days after finalisation of19 the report.20 (2) Subsection (1) does not apply in relation to a report if21 the report is prepared and dealt with as provided for in22 section 5ZH(2).23 5ZO. Publication of reports24 (1) After the Chief Animal Protection Officer has25 complied with section 5ZM in relation to a report, the26 Chief Animal Protection Officer must publish the27 report.28 (2) The Chief Animal Protection Officer may decide the29 way in which the report is published under30 subsection (1).31

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 7 page 28 Division 6 — Regulations1 5ZP. Regulations about Chief Animal Protection Officer2 (1) The Governor must not make regulations under3 section 94(1) for the purposes of this Part, except on4 the recommendation of the Minister.5 (2) For the purposes of subsection (1), the Minister must6 recommend the making of regulations to achieve the7 objects of this Part.8 9 7. Section 33 amended10 (1) Delete section 33(1) and (2) and insert:11 12 (1) The Chief Animal Protection Officer may, in writing,13 appoint as a general inspector for the purposes of the14 animal welfare Acts —15 (a) a member of the staff of a local government16 who is nominated by the chief executive officer17 of that local government; or18 (b) a suitably qualified and experienced person.19 (2) The Chief Animal Protection Officer may appoint as20 many general inspectors as the Chief Animal21 Protection Officer considers necessary for the22 operation and enforcement of the animal welfare Acts.23 24 (2) Delete section 33(4) and insert:25 26 (4) An appointment under subsection (1) remains in force27 for 5 years unless before then —28 (a) the inspector (other than an inspector appointed29 under subsection (1)(b)) ceases to be a member30

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 8 page 29 of the staff of the local government for which1 they were nominated under subsection (1)(a);2 or3 (b) the inspector resigns by written notice to the4 Chief Animal Protection Officer; or5 (c) the appointment is revoked by the Chief6 Animal Protection Officer.7 8 8. Section 35A amended9 Delete section 35A(1) and insert:10 11 (1) The Chief Animal Protection Officer may, in writing,12 designate a general inspector appointed under13 section 33(1)(b) to be a designated inspector.14 15 9. Section 64 replaced16 Delete section 64 and insert:17 18 64. Appointment of authorised persons19 (1) The Commissioner of Police and the chief executive20 officers of every local government must appoint as21 authorised persons as many members of their staff as22 are required for the purposes of this Division.23 (2) A person appointed under subsection (1) by the24 Commissioner of Police is an authorised person only in25 respect of infringement notices given by the26 Commissioner of Police.27 (3) A person appointed under subsection (1) by the chief28 executive officer of a local government is an authorised29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 10 page 30 person only in respect of infringement notices given by1 that local government.2 (4) A person cannot be both an authorised person and an3 inspector.4 5 10. Section 65 amended6 (1) Delete section 65(2)(a) and (c).7 (2) In section 65(2)(e) delete “by the Department.” and insert:8 9 by the Chief Animal Protection Officer.10 11 11. Section 82 amended12 (1) In section 82(1):13 (a) in paragraph (b) delete “inspector; or” and insert:14 15 inspector.16 17 (b) delete paragraph (c).18 (2) Delete section 82(4) and insert:19 20 (4) In proceedings for an offence under this Act the21 following persons authorised by the Chief Animal22 Protection Officer may appear on behalf of the Chief23 Animal Protection Officer —24 (a) a public service officer appointed or made25 available under section 5V;26 (b) a person in relation to whom an arrangement27 under section 5W is in effect.28 29

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 12 page 31 12. Section 89 deleted1 Delete section 89.2 13. Section 90 amended3 (1) In section 90(1) delete “other than this power of delegation.”4 and insert:5 6 other than the following —7 (a) the Minister’s functions under sections 5Z,8 5ZA, 5ZM and 5ZP;9 (b) this power of delegation.10 11 (2) Delete section 90(2).12 14. Section 90A inserted13 After section 90 insert:14 15 90A. Information sharing16 (1) In this section —17 guidelines means guidelines issued under18 subsection (6);19 hold, in relation to information, means to have20 possession or control of the information, whether alone21 or jointly with others;22 information officer means —23 (a) the Chief Animal Protection Officer; or24 (b) a person designated under subsection (2);25

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 14 page 32 information sharing agency means any of the1 following —2 (a) the department of the Public Service principally3 assisting in the administration of the Western4 Australian Meat Industry Authority Act 1976;5 (b) the department of the Public Service principally6 assisting in the administration of the7 Biodiversity Conservation Act 2016;8 (c) The Royal Society for the Prevention of Cruelty9 to Animals, Western Australia10 (ACN 626 609 587);11 (d) any other agency prescribed in the regulations;12 relevant information means —13 (a) information relevant to the administration or14 enforcement of this Act; or15 (b) information required by the Chief Animal16 Protection Officer in the performance of their17 functions under this Act.18 (2) The Chief Animal Protection Officer may, in writing,19 designate as an information officer for the purposes of20 this section —21 (a) a public service officer appointed or made22 available under section 5V; or23 (b) a person in relation to whom an arrangement24 under section 5W is in effect.25 (3) An information officer may, in accordance with the26 guidelines, request an information sharing agency that27 holds relevant information to disclose the information28 to the information officer.29 (4) Information may be disclosed in compliance with a30 request under subsection (3), despite any duty of31 confidentiality or secrecy imposed by law.32

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 15 page 33 (5) If information is disclosed in good faith in compliance1 with a request under subsection (3) —2 (a) no civil or criminal liability is incurred in3 respect of the disclosure; and4 (b) the disclosure is not to be regarded as a breach5 of any duty of confidentiality or secrecy6 imposed by law; and7 (c) the disclosure is not to be regarded as a breach8 of professional ethics or standards or as9 unprofessional conduct.10 (6) The Chief Animal Protection Officer must issue11 guidelines as to how information is requested under12 subsection (3).13 (7) The regulations may include provisions about —14 (a) receiving and storing information disclosed15 under this section; and16 (b) restricting access to such information.17 18 15. Section 92 amended19 In section 92(2) delete “the RSPCA,”.20 16. Section 94 amended21 After section 94(2)(d) insert:22 23 (da) adopt a code of ethics to apply to the24 following —25 (i) the Chief Animal Protection Officer;26 (ii) public service officers appointed or27 made available under section 5V;28

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 17 page 34 (iii) persons in relation to whom an1 arrangement under section 5W is in2 effect;3 and4 (db) adopt operational directions and practice5 standards to apply to inspectors appointed6 under section 33; and7 8 17. Section 94A inserted9 After section 94 insert:10 11 94A. Transitional provisions for Animal Welfare12 Amendment (Chief Animal Protection Officer)13 Act 202514 (1) In this section —15 authorised person has the meaning given in section 63;16 CEO has the meaning given in section 5(1) as in force17 immediately before commencement day;18 commencement day means the day on which the19 Animal Welfare Amendment (Chief Animal Protection20 Officer) Act 2025 section 3 comes into operation;21 former section 33(1)(b) means section 33(1)(b) as in22 force immediately before commencement day;23 former section 64(1)(e) means section 64(1)(e) as in24 force immediately before commencement day.25 (2) A member of the staff of a local government who was,26 immediately before commencement day, an inspector27 appointed by the CEO under former section 33(1)(b) is28 taken to have been appointed on commencement day to29 be an inspector under section 33(1)(a).30

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Animal Welfare Act 2002 amended Part 2 s. 18 page 35 (3) The member of the staff is taken to be an inspector1 appointed under section 33(1)(a) —2 (a) on the terms and conditions of their existing3 appointment; and4 (b) for the remainder of the term of their existing5 appointment.6 (4) A member of the staff of a local government who was,7 immediately before commencement day, an authorised8 person appointed by the local government under former9 section 64(1)(e) is taken to have been appointed on10 commencement day to be an authorised person under11 section 64(1).12 (5) The member of the staff is taken to be an authorised13 person appointed under section 64(1) —14 (a) on the terms and conditions of their existing15 appointment; and16 (b) for the remainder of the term of their existing17 appointment.18 19 18. Various references to “CEO” amended20 In the provisions listed in the Table delete “CEO” (each21 occurrence) and insert:22 23 Chief Animal Protection Officer24 25 Table26 s. 18(1), (2) and (4) s. 33(3) and (5) s. 34(1), (2), (3) and (4) s. 35(2) and (4) s. 35A(2), (3) and (5) s. 36(1) and (3)

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 2 Animal Welfare Act 2002 amended s. 18 page 36 s. 37(1) and (2) s. 44(11) def. of owner s. 55(5) s. 82(1) s. 83(1), (2) and (4) s. 90(1)

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Cat Act 2011 amended Part 3 s. 19 page 37 Part 3 — Cat Act 2011 amended1 19. Act amended2 This Part amends the Cat Act 2011.3 20. Section 3 amended4 (1) In section 3(1) in paragraph (b) of the definition of authorised5 person delete “Act;” and insert:6 7 Act; or8 9 (2) In section 3(1) after paragraph (b) of the definition of10 authorised person insert:11 12 (c) a person appointed as a general inspector under13 the Animal Welfare Act 2002 section 33(1);14 15 21. Section 86A inserted16 After section 86 insert:17 18 86A. Report for Chief Animal Protection Officer19 (1) In this section —20 Chief Animal Protection Officer has the meaning21 given in the Animal Welfare Act 2002 section 5(1).22 (2) The CEO of a local government must, within 3 months23 after 30 June in each year, prepare a report for the24 Chief Animal Protection Officer as to the general25 activities of the local government under this Act during26 the financial year ending on that day.27

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 3 Cat Act 2011 amended s. 21 page 38 (3) A report under subsection (2) must include any1 information prescribed in the regulations.2 3

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Dog Act 1976 amended Part 4 s. 22 page 39 Part 4 — Dog Act 1976 amended1 22. Act amended2 This Part amends the Dog Act 1976.3 23. Section 3 amended4 (1) In section 3(1) in paragraph (b) of the definition of authorised5 person delete “Act;” and insert:6 7 Act; or8 9 (2) In section 3(1) after paragraph (b) of the definition of10 authorised person insert:11 12 (c) a person appointed as a general inspector under13 the Animal Welfare Act 2002 section 33(1);14 15 24. Part X Division 1A inserted16 At the beginning of Part X insert:17 18 Division 1A — Report for Chief Animal Protection19 Officer20 53. Report for Chief Animal Protection Officer21 (1) In this section —22 Chief Animal Protection Officer has the meaning23 given in the Animal Welfare Act 2002 section 5(1).24 (2) The CEO of a local government must, within 3 months25 after 30 June in each year, prepare a report for the26 Chief Animal Protection Officer as to the general27

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Part 4 Dog Act 1976 amended s. 24 page 40 activities of the local government under this Act during1 the financial year ending on that day.2 (3) A report under subsection (2) must include any3 information prescribed in the regulations.4 5

Animal Welfare Amendment (Chief Animal Protection Officer) Bill 2025 Consequential amendments Part 5 s. 25 page 41 Part 5 — Consequential amendments1 25. Biodiversity Conservation Act 2016 amended2 (1) This section amends the Biodiversity Conservation Act 2016.3 (2) In section 274(1) in the definition of information sharing4 agency delete paragraph (a) and insert:5 6 (a) the office of the Chief Animal Protection7 Officer established under the Animal Welfare8 Act 2002 section 5B(1);9 10 26. Biosecurity and Agriculture Management Act 2007 amended11 (1) This section amends the Biosecurity and Agriculture12 Management Act 2007.13 (2) In section 184(1) in the definition of information sharing14 agency delete paragraph (c) and insert:15 16 (c) the office of the Chief Animal Protection17 Officer established under the Animal Welfare18 Act 2002 section 5B(1);19 20