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
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(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
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Animal Welfare Act 2002 amended Part 2
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(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
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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
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Animal Welfare Act 2002 amended Part 2
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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
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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
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Animal Welfare Act 2002 amended Part 2
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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
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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
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Animal Welfare Act 2002 amended Part 2
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(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
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(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
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Animal Welfare Act 2002 amended Part 2
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(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
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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
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(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