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
Short title 2
Commencement 2
Part 2 — Animal Welfare Act 2002
amended
Act amended 3
Section 3 amended 3
Section 5 amended 3
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
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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
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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
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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
Short title2
This is the Animal Welfare Amendment (Chief Animal3
Protection Officer) Act 2025.4
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
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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
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(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
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(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
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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
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(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
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(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
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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
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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
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(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