Animal Welfare (General) Regulations 2003 (Western Australia)

The Animal Welfare (General) Regulations 2003 (WA) operationalise and detail multiple offences, defences, prescribed standards and administrative procedures under the Animal Welfare Act 2002. Mechanically the instrument does the following: it prescribes certain devices as “inhumane” (reg 3), identifies acts that are “prescribed acts” (reg 4), prescribes when declared organisms under the Biosecurity and Agriculture Management Act 2007 (BAM Act) are to be treated as pests for the Act (reg 5), adopts a list of external codes of practice as the applicable standards (reg 6), provides specific statutory defences for use of electric and certain other devices (reg 7 and reg 8), prescribes forms and modified‑penalty arrangements (regs 9, 9A, 9B, Schedule 1, Schedule 2), sets rules for disposal of forfeited property and compensation claims (regs 12-13), and restricts tail docking of dogs (reg 14).

The regulations convert high‑level Act provisions into concrete mechanics. For example, the Act’s prohibition against inhumane devices (s 19(2)(b) as referenced) is given content by a list: electric shock devices (other than electric fences), jawed traps, and certain spurs are explicitly prescribed as inhumane (reg 3). The Act’s general prohibition on cruelty by use of devices is narrowed into statutory defences: a person who uses particular electric devices in prescribed ways (see reg 7(2) Table items 1-10) may have a complete defence to a charge under s 19(1) of the Act (reg 7(2)). The same approach applies to metal‑jawed leghold traps where the regulations specify permitted users (landholders, authorised government officers, licensed pest control operators, or approved researchers) and detailed risk‑mitigation steps such as padding or binding jaws with cloth containing strychnine or requiring permits under the BAM Regulations (reg 8).

CrestWestern Australia

Animal Welfare Act 2002

Animal Welfare (General) Regulations 2003

Western Australia

Animal Welfare (General) Regulations 2003

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — Offences against animals

Inhumane devices (s. 19(2)(b)) 2
Prescribed acts (s. 19(2)(d) and (3)(b)(i)) 2
Pests (s. 24(2)) 2
Codes of practice adopted (s. 94(2)(d)) 3
Use of devices: electric shock (s. 29) 10
Use of devices — metal‑jawed traps (s. 29) 14

Part 3 — Enforcement

Warrant (s. 61) 16

9A. Prescribed offences and modified penalties (s. 65(1) and 66(2)) 16

9B. Prescribed forms (s. 66(1) and 68(1)) 16

Objections (s. 72) 16

Part 4 — Miscellaneous

Disposal of forfeited property (s. 87) 17
Claim for compensation (s. 93) 17
Further offences (s. 94) — tail docking 17

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Notes

Compilation table 33

Defined terms

Animal Welfare Act 2002

Animal Welfare (General) Regulations 2003

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Animal Welfare (General) Regulations 2003.

2. Commencement

These regulations come into operation on the day of their publication in the Gazette or the day on which the Animal Welfare Act 2002 comes into operation, whichever is the later.

Part 2 — Offences against animals

3. Inhumane devices (s. 19(2)(b))

For the purposes of section 19(2)(b) of the Act, the following devices are prescribed as inhumane —

(a) a device, other than an electric fence, that is designed or modified to deliver an electric shock to an animal;

(b) jawed traps;

(d) spurs that are reasonably capable of penetrating the skin of the animal on which they are intended to be used.

4. Prescribed acts (s. 19(2)(d) and (3)(b)(i))

The administration of an electric shock to an animal in a manner that is not set out in regulation 7 is a prescribed act for the purposes of section 19(2)(d) and (3)(b)(i) of the Act.

5. Pests (s. 24(2))

(1) In this regulation —

BAM Act means the Biosecurity and Agriculture Management Act 2007;

BAM Act list means either of following lists established and maintained under the BAM Act section 158 —

(a) the list of all organisms for which a declaration under the BAM Act section 12 (prohibited organisms) is in force;

(b) the list of all organisms for which a declaration under the BAM Act section 22(2) (declared pests) is in force.

(2) An animal set out in a BAM Act list is prescribed as a pest under section 24(2) of the Act, if —

(a) the animal is not being kept as a domestic pet;

(b) the animal is not being kept for the purposes of racing, riding or harnessing;

(d) the animal is not being kept as a form of livestock; and

(e) at the time a person attempts to kill the animal, it is not under effective control of an owner.

[Regulation 5 amended: Gazette 5 Feb 2013 p. 826-7.]

6. Codes of practice adopted (s. 94(2)(d))

(1) Under section 94(2)(d) of the Act, the following codes of practice relating to the use, care, welfare, safety or health of animals are adopted as they are amended from time to time —

(a) Australian Animal Welfare Standards and Guidelines for Cattle (Edition 1, Version 1.0, January 2016), published by Animal Health Australia (AHA), Canberra*;*

(b) Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra;

(c) Australian Animal Welfare Standards and Guidelines — Livestock at Saleyards and Depots (Edition 1, Version 1.0, 23 February 2018), published by the Department of Economic Development, Jobs, Transport and Resources, The Victorian Government;

(d) Australian Rules of Racing, as at 1 April 2020, published by Racing Australia Limited;

(e) Code of practice for the conduct of circuses in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;

(f) Code of practice for exhibited animals in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;

(g) Code of practice for keeping rabbits in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;

(h) Code of practice for the conduct of rodeos in Western Australia, first published by the Department of Local Government and Regional Development in March 2003;

(i) Rules of Harness Racing, 1 August 2004, published by Racing and Wagering Western Australia.

(2) Under section 94(2)(d) of the Act, the code of practice relating to the use, care, welfare, safety or health of animals specified in column 2 of each item in the Table is adopted as it exists on the day on which the Animal Welfare (General) Amendment Regulations 2020 regulation 4 comes into operation, with the modification specified in column 3 of the item.

Table

Column 1	Column 2	Column 3
Item	Code of practice	Modification
1.	Code of practice for goats in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Introduction after the 1st paragraph insert:<br>To the extent that this Code applies to the transport process for goats in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
2.	Code of practice for farmed buffalo in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Introduction clause 1.1 after the 2nd paragraph insert:<br>To the extent that the Code applies to the transport process for buffalo in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
3.	Code of practice for farming deer in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Introduction after the 2nd paragraph insert:<br>To the extent that the Code applies to the transport process for deer in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
4.	Code of practice for pigeon keeping and racing in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Preface after the 2nd paragraph insert:<br>To the extent that this Code applies to the transport process for pigeons in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
5.	Code of practice for poultry in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Introduction after the 3rd paragraph insert:<br>To the extent that this Code applies to the transport process for poultry in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.<br>Delete Part 15 titled “Transport of Poultry”.
6.	Code of practice for sheep in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Introduction after the 2nd paragraph insert:<br>To the extent that the Code applies to the transport process for sheep in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
7.	Code of practice for the capture and marketing of feral animals in Western Australia, first published by the Department of Local Government and Regional Development in March 2003	In the Introduction after the 1st paragraph insert:<br>To the extent that this Code applies to the transport process for feral animals in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.<br>In Part B under the heading “Transportation” delete “Operators should refer to other relevant State Codes of Practice for specific guidelines on transport.”.
8.	Model Code of Practice for the Welfare of Animals: Husbandry of Captive‑Bred Emus (2nd edition), first published by the Primary Industries Ministerial Council in 2006	In the Introduction after clause 1.1 insert:<br>1.1A To the extent that the Code applies to the transport process for emus in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
9.	Model Code of Practice for the Welfare of Animals: Livestock at Slaughtering Establishments, first published in 2001 (paperback) and 2002 (online) by CSIRO publishing, acting on behalf of the Primary Industries Ministerial Council	In the Introduction delete clause 1.3 and insert:<br>1.3 To the extent that this Code applies to the transport process for livestock animals to slaughtering establishments in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
10.	Model Code of Practice for the Welfare of Animals: Pigs (3rd edition), first published by the Primary Industries Ministerial Council in 2008	In the Introduction after clause 1.1 insert:<br>1.1A To the extent that the Code applies to the transport process for pigs in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.
11.	Model Code of Practice for the Welfare of Animals: The Camel (2nd edition), first published by the Primary Industries Ministerial Council in 2006	In the Introduction after the 1st paragraph insert:<br>To the extent that the Code applies to the transport process for camels in Western Australia, the transport process is to be undertaken in accordance with the Australian Animal Welfare Standards and Guidelines — Land Transport of Livestock (Edition 1, Version 1.1, 21 September 2012), published by Animal Health Australia (AHA), Canberra, as it is amended from time to time.

[Regulation 6 inserted: SL 2020/161 r. 4.]

7. Use of devices: electric shock (s. 29)

(1) In this regulation —

depot, saleyard and transport process have the meanings given in the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 regulation 3.

(2) For the purposes of section 29 of the Act, it is a defence to a charge under section 19(1) of the Act, committed in circumstances described in section 19(2)(b) of the Act, if a device specified in column 2 of an item in the Table is used —

(a) by a person engaged in an activity specified in column 3 of the item; and

(b) on an animal of a kind specified in column 4 of the item; and

Table

Column 1	Column 2	Column 3	Column 4	Column 5
Item	Device	Activity	Kind of animal	Manner of use
1.	Electric stock prod	Driving, herding, mustering or controlling an animal	Sheep, pig, goat, buffalo or camel	Must not be applied to the face, udder or genital organs of an animal
2.	Electric stock prod	Driving, herding, mustering or controlling an animal	Cattle	Must be used in accordance with the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 regulation 20
3.	Electric stock prod	Handling an animal in a transport process or at a depot or saleyard	Cattle or sheep	Must be used in accordance with the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 regulation 20
4.	Electric stock prod	Controlling an animal at a rodeo	Horse or cattle	Must not be applied to the face, udder or genital organs of an animal
5.	Electric stunning device	Electrical stunning of an animal in an abattoir	Cattle, sheep, goat or pig	Must be used in accordance with the relevant code of practice for the particular animal
6.	Electro‑ ejaculator	Collecting semen from a conscious animal	Cattle or sheep	Must be used in accordance with any relevant code of practice for the particular animal
7.	Electro‑ ejaculator	Collecting semen from a tranquillised or anaesthetised animal	All species of animal, including cattle and sheep	Must be used in accordance with any relevant code of practice for the particular animal
8.	Electric training collar activated by the animal or a person in the course of training an animal	Training an animal	Dog	Must be used in accordance with the generally accepted method of usage for the type of collar
9.	Electrical device known as the “invisible fence”	Containment and training of an animal	Dog	Must be used in accordance with the generally accepted method of usage for the type of “invisible fence”
10.	The eShepherd virtual fencing system manufactured by Agersens Pty Ltd (ACN 169 900 887)	Containing an animal	Cattle	Must be used in accordance with the manufacturer’s instructions for use of the device

(3) For the purposes of section 29 of the Act, it is a defence to a charge under section 19(1) of the Act, committed in circumstances described in section 19(2)(b) of the Act, if an electro‑immobiliser is used on cattle in the following circumstances —

(a) to restrain the animal in order to perform a procedure on the animal;

(b) in the circumstances, an alternative restraining method would not sufficiently restrain the animal for the purposes of performing the procedure;

(d) the animal has reached 6 months of age;

(e) the person using the electro‑immobiliser is —

(i) trained to use it on cattle; or

(ii) using it under the direct supervision of a person who is a veterinarian or trained to use it on cattle.

(4) For the purposes of subregulation (3)(e)(ii), a person (the supervised person) is using an electro‑immobiliser under the direct supervision of another person (the supervisor) if the supervisor —

(a) provides instruction and guidance to the supervised person in relation to the use of the electro‑immobiliser; and

(b) oversees and evaluates the use of the electro‑immobiliser; and

(d) is able to immediately render assistance to the supervised person, if required, at any time during the use of the electro‑immobiliser.

[Regulation 7 inserted: SL 2020/161 r. 5; amended: SL 2021/146 r. 4; SL 2022/98 r. 4.]

8. Use of devices — metal‑jawed traps (s. 29)

(1) For the purposes of section 29 of the Act, it is a defence to a charge under section 19(1) of the Act, committed in circumstances described in section 19(2)(b) of the Act, if a metal‑jawed leghold trap is used by —

(a) the owner or leasee of an agricultural or pastoral property, or their authorised agent; or

(b) an officer of a Commonwealth, State or local government agency, who is responsible for wild dog control,

for the purpose of wild dog control.

(2) The person using a metal‑jawed leghold trap in circumstances described in subregulation (1) must ensure that the jaws of the trap are bound with cloth containing sufficient strychnine to ensure a rapid death for any animal likely to be caught in the trap.

(3) For the purposes of section 29 of the Act, it is a defence to a charge under section 19(1) of the Act, committed in circumstances described in section 19(2)(b) of the Act, if a metal‑jawed leghold trap is used by a person participating in a research program, approved by an animal ethics committee, for the purpose of carrying out research under that program.

(4) The person using a metal‑jawed leghold trap in circumstances described in subregulation (3) must ensure that the jaws of the trap are sufficiently padded, or the trap has otherwise been modified, so that any animal caught in the trap is unlikely to suffer significant injury.

(5) For the purposes of section 29 of the Act, it is a defence to a charge under section 19(1) of the Act, committed in circumstances described in section 19(2)(b) of the Act, if a metal‑jawed leghold trap is used by —

(a) the owner of land or the owner’s agent on the relevant land; or

(b) a licensed pest control operator,

for the purpose of fox control.

(6) The person using a metal‑jawed leghold trap in circumstances described in subregulation (5) must ensure that —

(a) the jaws of the trap are sufficiently padded, or the trap has otherwise been modified, so that any animal caught in the trap is unlikely to suffer significant injury; and

(b) any permit to set the trap required under the Biosecurity and Agriculture Management Regulations 2013 has first been obtained.

[Regulation 8 amended: Gazette 5 Feb 2013 p. 827.]

Part 3 — Enforcement

9. Warrant (s. 61)

The form of a warrant is Form 1 in Schedule 2.

9A. Prescribed offences and modified penalties (s. 65(1) and 66(2))

(1) An offence described in Schedule 1 is a prescribed offence for the purposes of section 65(1) of the Act.

(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for the offence for the purposes of section 66(2) of the Act.

[Regulation 9A inserted: SL 2020/161 r. 6.]

9B. Prescribed forms (s. 66(1) and 68(1))

(1) Schedule 2 Form 1A is the prescribed form of an infringement notice for the purposes of section 66(1) of the Act.

(2) Schedule 2 Form 1B is the prescribed form of a notice to withdraw an infringement notice for the purposes of section 68(1) of the Act.

[Regulation 9B inserted: SL 2020/161 r. 6.]

10. Objections (s. 72)

An objection under section 72 of the Act is to be made by completing Form 2 in Schedule 2 and lodging that completed form with the Minister within the time period set out in the Act.

[11. Deleted: Gazette 30 Dec 2004 p. 7010.]

Part 4 — Miscellaneous

12. Disposal of forfeited property (s. 87)

(1) If property forfeited to the Crown under the Act is fauna, that fauna is to be sold, destroyed or otherwise disposed of in accordance with the instructions of the Executive Director of CALM.

(2) If property forfeited to the Crown under the Act is an animal that is not within the definition of “fauna”, that animal is to be sold, destroyed or otherwise disposed of in accordance with the instructions of the prosecuting authority.

(3) If property forfeited to the Crown under the Act is not an animal, that property is to be sold by auction or private treaty by the prosecuting authority.

13. Claim for compensation (s. 93)

A claim for compensation under section 93 of the Act is to be made by completing Form 4 in Schedule 2 and lodging that completed form with the Minister within the time period set out in the Act.

14. Further offences (s. 94) — tail docking

(1) In this regulation tail docking means the removal of one or more of the coccygeal vertebrae, whether by cutting, ablation, elastration or any other means.

(2) A person who is not a veterinarian shall not carry out tail docking of a dog.

Penalty: $2 000.

(3) A veterinarian shall not carry out tail docking of a dog except where the tail docking is clinically indicated for the purpose of curing or alleviating a disease or injury from which the dog suffers.

Penalty: $2 000.

[Regulation 14 amended: Gazette 16 Mar 2010 p. 978; SL 2022/98 r. 5.]

Schedule 1 — Prescribed offences and modified penalties

[r. 9A]

Table

Item	Offence under the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020	Modified penalty
1.	r. 17(3)	$750
2.	r. 18(1)	$750
3.	r. 18(3)	$750
4.	r. 19(1)	$750
5.	r. 19(2)	$750
6.	r. 19(3)	$750
7.	r. 20, but only in relation to an offence committed in circumstances referred to in paragraphs (a), (b), (c) or (e)	$750
8.	r. 21(1)	$500
9.	r. 22(3)	$750
10.	r. 23(1)	$750
11.	r. 23(3)	$750
12.	r. 24(1)	$500
13.	r. 24(3)	$500
14.	r. 24(4)	$500
15.	r. 25(1)	$500
16.	r. 25(2)	$500
17.	r. 26(2)	$500
18.	r. 28	$500
19.	r. 29(1)	$500
20.	r. 30(1)	$500
21.	r. 30(2)	$500
22.	r. 31(1)	$500
23.	r. 32(1)	$750
24.	r. 32(2)	$750
25.	r. 33(1)	$750
26.	r. 33(2)	$750
27.	r. 35(1)	$750
28.	r. 39	$500
29.	r. 40(2)	$750
30.	r. 40(3)	$750
31.	r. 43(2)	$750
32.	r. 44	$750
33.	r. 45	$750
34.	r. 46(2)	$750
35.	r. 47(2)	$750
36.	r. 49	$500
37.	r. 50(1)	$500
38.	r. 50(3)	$500
39.	r. 50(4)	$500
40.	r. 51(1)	$500
41.	r. 51(2)	$500
42.	r. 52(2)	$500
43.	r. 54(2)	$500
44.	r. 55(1)	$500
45.	r. 56(4)	$750
46.	r. 56(5)	$750
47.	r. 58(2)	$750
48.	r. 58(3)	$750
49.	r. 63(1)	$750
50.	r. 63(3)	$750
51.	r. 64(1)	$500
52.	r. 64(2)	$750
53.	r. 65(1)	$500
54.	r. 65(3)	$500
55.	r. 67(2)	$500
56.	r. 68(1)	$750

[Schedule 1 inserted: SL 2020/161 r. 7.]

Schedule 2 — Forms

Form 1

[r. 9]

Animal Welfare Act 2002

Part 5 Division 2

Warrant to Enter, Search and Seize

THIS IS A WARRANT authorising an inspector under the Animal Welfare Act 2002 to enter and search:

Place ...........................................................................................................
(may be, or include, a vehicle)

Date ...........................................................................................................
(this can include a period of time)

Time ...........................................................................................................
(specific hours or at any time)

and to seize —

any animals;
any of the following types of animals —

...........................................................................................................

any animals in the following circumstances —

...........................................................................................................

THIS WARRANT CEASES to have effect:

Date ...........................................................................................................

Time ...........................................................................................................

I, ............................................................... Justice of the Peace of ........................

.......................................................................................................... am satisfied,

by an application supported by evidence on oath, that —

there are reasonable grounds for suspecting that there is, at the place, or in the vehicle —

(a) an animal, the safety or welfare of which is under threat; or

(b) something that may afford evidence of the commission of an offence

under the Act;

entry onto the place or into the vehicle is reasonably required to investigate a suspected offence against the Act;

there are reasonable grounds for suspecting that an offence under Part 3 of the Act is likely be committed in respect of the animal if it is not seized.

I authorise ..................................................., an inspector, to exercise the entry, search, and seizure powers set out in the Animal Welfare Act 2002 in relation to the premises set out in this warrant, with such assistance, and using such force, as is reasonably necessary during the time referred to in this warrant.

Signed .....................................................
(Justice of the Peace)

Dated .....................................................

[Form 1 amended: Gazette 20 Jun 2008 p. 2719; 18 Jul 2008 p. 3330.]

Form 1A — Infringement notice

[r. 9B(1)]

Animal Welfare Act 2002Infringement Notice Infringement notice no.
Alleged offender Name
Address
Alleged offence Date or period
Place
Written law contravened
Details of offence
Date Date of notice
Inspector Name
Office
Signature
Modified penalty $________
TAKE NOTICE It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Authorised Person within 28 days after the date of this notice.
If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Authorised Person at the address below.Paying the modified penalty is not regarded as an admission for the purposes of any civil or criminal proceedings.
If you want this matter to be dealt with by prosecution in court, sign and date here:

__________________________________ / /20 and post this notice to the Authorised Person at the address below within 28 days after the date of this notice.

How to pay In person [Insert details for paying in person]
By post [Insert details for paying by post]
Online [Insert details for paying online]
By telephone [Insert details for paying by telephone]

[Form 1A inserted: SL 2020/161 r. 8; amended: SL 2020/161 r. 9.]

Form 1B — Withdrawal of infringement notice

[r. 9B(2)]

Animal Welfare Act 2002Withdrawal of infringement notice Withdrawal no.
Alleged offender Name
Address
Details of infringement notice Infringement notice no.
Date of issue
Date or period
Place
Written law contravened
Details of offence
Authorised person withdrawing notice Name
Office
Signature
Date Date of withdrawal
Withdrawal of infringement notice*[Delete whichever is not applicable] The above infringement notice issued against you for the above alleged offence has been withdrawn.If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.1. Your refund is enclosed.or
1. If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Authorised Person — Animal Welfare Act 2002 [Insert address]
Your signature Date

[Form 1B inserted: SL 2020/161 r. 8.]

Form 2

[r. 10]

Animal Welfare Act 2002

Section 72

Objection

To the Minister:

I, ................................................................................................................

of ................................................................................................................

................................................................................................................

object to the decision of ...............................................................................
(date)

The details of that decision are ...................................................................

.....................................................................................................................

The grounds of my objection are (details of grounds) ...................................

.....................................................................................................................

In support of my objection I attach the following information (list attachments):

.....................................................................................................................

Dated the ............ day of ....................................................... 20................

................................................
(signature of person objecting)

Contact Phone No. ...................................

Note: Section 72(2) of the Act requires an objection to be made within 28 days after the right to object arose, or such further time as the Minister may allow.

[Form 3 deleted: Gazette 30 Dec 2004 p. 7010.]

Form 4

[r. 13]

Animal Welfare Act 2002

Section 93

Claim for Compensation

To the Minister:

I, ...............................................................................................................

of ...............................................................................................................

...............................................................................................................

apply for payment of compensation for the injury to*/death of* my animal(s), caused by the negligent or malicious performance of a function, by a scientific officer, under the Animal Welfare Act 2002.

(* Delete as appropriate)

Particulars of the animal(s) subject to the claim are

(to be completed for each animal ‑ attach additional sheets if required)

Breed: .........................................................................................................

Age (years): ...............................................................................................

Sex: ............................................................................................................

Valuation: ..................................................................................................

I, the claimant, declare that I am the owner of the animal(s) described in this claim and that the information provided is, to the best of my knowledge, correct.

Signature of owner: ....................................................................................

Date: .........................................................................................................

I certify that the statements made in this claim are, to the best of my knowledge, correct.

Signature of inspector or

other authorised person: ............................................................................

Date: ..........................................................................................................

Note: Section 93(2) of the Act requires claims to be made within one year of the injury or death.

[Schedule 3 deleted: Gazette 30 Dec 2004 p. 7010.]

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Notes

This is a compilation of the Animal Welfare (General) Regulations 2003 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation	Published	Commencement
Animal Welfare (General) Regulations 2003	4 Apr 2003 p. 1077‑96	4 Apr 2003 (see r. 2 and Gazette 4 Apr 2003 p. 1023)
Animal Welfare (General) Amendment Regulations 2004	30 Dec 2004 p. 7010	1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004 p. 7130)
Animal Welfare (General) Amendment Regulations 2006	23 Jun 2006 p. 2192‑3	23 Jun 2006
Animal Welfare (General) Amendment Regulations 2007	12 Jun 2007 p. 2720‑1	r. 1 and 2: 12 Jun 2007 (see r. 2(a)); Regulations other than 1 and 2: 13 Jun 2007 (see r. 2(b))
Animal Welfare (General) Amendment Regulations (No. 2) 2008	20 Jun 2008 p. 2719	r. 1 and 2: 20 Jun 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Jun 2008 (see r. 2(b))
Animal Welfare (General) Amendment Regulations (No. 3) 2008	18 Jul 2008 p. 3330	r. 1 and 2: 18 Jul 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Jul 2008 (see r. 2(b))
*Reprint 1: The Animal Welfare (General) Regulations 2003* as at 21 Jul 2008** (includes amendments listed above)
Animal Welfare (General) Amendment Regulations (No. 2) 2010	16 Feb 2010 p. 644‑5	r. 1 and 2: 16 Feb 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Feb 2010 (see r. 2(b))
Animal Welfare (General) Amendment Regulations 2010	16 Mar 2010 p. 977-8	r. 1 and 2: 16 Mar 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 17 Mar 2010 (see r. 2(b))
Animal Welfare (General) Amendment Regulations 2013	5 Feb 2013 p. 826‑7	r. 1 and 2: 5 Feb 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 May 2013 (see r. 2(b) and Gazette 5 Feb 2013 p. 823)
Animal Welfare (General) Amendment Regulations 2020	SL 2020/161 2 Oct 2020	r. 1 and 2: 2 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Oct 2020 (see r. 2(b)(i) and (c) and SL 2020/159 cl. 2(a))
Animal Welfare (General) Amendment Regulations 2021	SL 2021/146 13 Aug 2021	r. 1 and 2: 13 Aug 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Aug 2021 (see r. 2(b))
Agriculture and Food Regulations Amendment (Veterinary Practice) Regulations 2022 Pt. 2	SL 2022/98 17 Jun 2022	18 Jun 2022 (see r. 2(b) and SL 2022/81 cl. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

BAM Act 5(1)

BAM Act list 5(1)

depot 7(1)

saleyard 7(1)

supervised person 7(4)

supervisor 7(4)

tail docking 14(1)

transport process 7(1)

Western Australia

Animal Welfare Act 2002

Animal Welfare (General) Regulations 2003

Western Australia

Animal Welfare (General) Regulations 2003

Contents

Part 1 — Preliminary

Citation 1
Commencement 1

Part 2 — Offences against animals

Inhumane devices (s. 19(2)(b)) 2
Prescribed acts (s. 19(2)(d) and (3)(b)(i)) 2
Pests (s. 24(2)) 2
Codes of practice adopted (s. 94(2)(d)) 3
Use of devices: electric shock (s. 29) 10
Use of devices — metal‑jawed traps (s. 29) 14

Part 3 — Enforcement

Warrant (s. 61) 16

9A. Prescribed offences and modified penalties (s. 65(1) and 66(2)) 16

9B. Prescribed forms (s. 66(1) and 68(1)) 16

Objections (s. 72) 16

Part 4 — Miscellaneous

Disposal of forfeited property (s. 87) 17
Claim for compensation (s. 93) 17
Further offences (s. 94) — tail docking 17

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Notes

Compilation table 33

Defined terms

Animal Welfare Act 2002

Animal Welfare (General) Regulations 2003

Part 1 — Preliminary

1. Citation

These regulations may be cited as the Animal Welfare (General) Regulations 2003.

2. Commencement

These regulations come into operation on the day of their publication in the Gazette or the day on which the Animal Welfare Act 2002 comes into operation, whichever is the later.

Part 2 — Offences against animals

3. Inhumane devices (s. 19(2)(b))

For the purposes of section 19(2)(b) of the Act, the following devices are prescribed as inhumane —

(a) a device, other than an electric fence, that is designed or modified to deliver an electric shock to an animal;

The regulations rest on a set of core concepts that determine who may do what to animals, and the evidential and procedural pathways for enforcement. Key concepts include:

“Inhumane” devices and prescribed acts (regs 3-4): The regulations identify devices that are automatically classified as inhumane for the purposes of s 19(2)(b) of the Act (reg 3). They also make clear that administration of electric shock outside the limited, specific circumstances in reg 7 is a “prescribed act” (reg 4), bringing it within the Act’s stricter prohibitions unless a defence in reg 7 applies.
Defences for device use (regs 7-8): The instrument provides statutory defences to what would otherwise be offences under s 19(1) where a device listed in the reg 7 Table is used for the specified activity, on the specified kind of animal, and in the specified manner (reg 7(2)). For metal‑jawed leghold traps, reg 8 sets out an alternative defence structure with mandatory mitigation measures (padding; cloth with strychnine in certain contexts) and procedural checks (permits under BAM Regs 2013).
External standard adoption (reg 6): The regulations adopt a series of external codes of practice and standards “as amended from time to time” (reg 6(1)), including national Australian Animal Welfare Standards and Guidelines (cattle, land transport), state codes (poultry, sheep, goats, rodeos, circuses), and industry rules (Australian Rules of Racing; Rules of Harness Racing). Reg 6(2) further modifies specific local codes to require transport be governed by the national Land Transport of Livestock standard. The practical effect is to import external standards into the statutory compliance framework.
Interaction with BAM Act lists (reg 5): The regulations define “pests” for s 24(2) by reference to lists maintained under the BAM Act (reg 5(1)), but only where five exclusions do not apply (for example the animal is not being kept as a domestic pet, is not under effective control of an owner at the time a person attempts to kill the animal) (reg 5(2)). This creates a conditional pathway permitting lethal control of certain declared organisms, subject to status and context.
Administrative and enforcement machinery (regs 9-10, 12-13; Schedule 1-2): Forms, prescribed offences eligible for modified penalties, objection and compensation procedures, and the format for warrants are all specified. Schedule 1 links many modified penalties to the Transport, Saleyards and Depots Regulations 2020 (r 17-r 68 etc.), and Schedule 2 provides the text of warrants and notices (Form 1, 1A, 1B, 2, 4). This scaffolding sets out how enforcement proceeds, what administrative remedies exist, and how penalties can be imposed or contested.
Tail docking restrictions (reg 14): The regulation defines tail docking and creates offences with monetary penalties for non‑veterinarians carrying out tail docking, while limiting veterinarians to performing tail docking only when clinically indicated to treat disease or injury (reg 14(2)-(3)). This is a specific prohibition with an identical monetary penalty for both non‑veterinarians and veterinarians acting outside the clinical exception.

These concepts are implemented through cross‑references to the Act and other regulations (notably the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 and the BAM Act/Regulations), and by incorporating external codes “as amended from time to time” (reg 6(1)). The scale of cross‑referencing means compliance requires reading the referenced instruments as part of the applicable legal standard.

The regulations affect a broad set of actors, and the rules specify which actors are authorised to do particular acts and who bears administrative obligations and penalties.

Owners, leasees and their authorised agents: Owners or leasees of agricultural or pastoral properties are singled out as permitted users of metal‑jawed leghold traps for wild dog control (reg 8(1)(a)). Owners or their agents may also set such traps for fox control (reg 8(5)(a)), subject to padding and permit requirements (reg 8(6)).
Farmers and livestock handlers: The defences for electric stock prods (reg 7(2) Table items 1-3) apply to people engaged in driving, herding, mustering and controlling animals, and to those handling animals in transport processes, saleyards or depots. Those handlers must observe specified limitations (for instance, not using prods on the face, udder or genital organs; or complying with the Transport, Saleyards and Depots Regulations 2020 reg 20 for cattle).
Veterinarians and supervised persons: The regulations create an exception permitting electro‑immobiliser use on cattle where the user is trained or under direct supervision of a veterinarian or trained person, and where the animal is at least six months old (reg 7(3)-(4)). Veterinarians are also the only persons authorised to perform tail docking of dogs, and even then only when clinically indicated (reg 14(2)-(3)).
Licensed pest control operators and government officers: Licensed pest control operators are authorised to use metal‑jawed leghold traps for fox control (reg 8(5)(b)) provided jaws are padded and applicable permits under the Biosecurity and Agriculture Management Regulations 2013 are obtained (reg 8(6)). Officers of Commonwealth, State or local government agencies responsible for wild dog control are also included (reg 8(1)(b)).
Researchers subject to animal ethics committee approval: People conducting research under a program approved by an animal ethics committee may use leghold traps for research purposes, but must pad or otherwise modify traps to avoid significant injury (reg 8(3)-(4)).
Inspectors, authorised persons and prosecuting authorities: Inspectors are the primary enforcement agents; warrants (Form 1) authorise inspectors to enter, search and seize (reg 9; Schedule 2 Form 1). The prosecuting authority is given responsibility for disposal of forfeited animals that are not fauna (reg 12(2)) and for sale of non‑animal forfeited property (reg 12(3)). The Executive Director of CALM decides disposal of forfeited fauna (reg 12(1)).
Animal owners and claimants: The regulations prescribe how owners make a claim for compensation under s 93 of the Act (Form 4, reg 13; Schedule 2 Form 4) and how to lodge an objection to a decision (Form 2, reg 10; Schedule 2 Form 2). The Minister is the recipient of objections and compensation claims.
Manufacturers and industry bodies: The regulations specifically name the eShepherd virtual fencing system manufactured by Agersens Pty Ltd as an authorised device for containing cattle if used per manufacturer’s instructions (reg 7(2) item 10). The instrument also adopts codes and standards published by third parties, including Animal Health Australia, Racing Australia Limited, and state departments (reg 6(1)).

Who pays: monetary penalties are set for tail docking (reg 14), and Schedule 1 fixes modified penalties for numerous offences largely under the Transport, Saleyards and Depots Regulations 2020 (Schedule 1). The regulations also create administrative costs for those required to obtain permits under the BAM Regulations or to follow adopted codes and transport standards. Who decides: the regulation delegates specific decisions to inspectors (warrants), the Executive Director of CALM (disposal of fauna), prosecuting authorities (disposal of non‑fauna animals and sales), and the Minister (objections and compensation). Behaviour changes: the instrument constrains use of certain devices, channels acceptable device use into narrowly specified operational circumstances, requires permits and modifications for traps, prescribes adherence to external codes, and restricts tail docking practice , all of which will alter how farmers, pest controllers, researchers, veterinarians and handlers capture, restrain, transport and treat animals.

The regulations create duties (positive obligations) and rights (defences, procedural entitlements) for the persons and agencies identified above. Key duties and rights include:

Duties

Do not possess or use inhumane devices: Devices listed in reg 3 are prescribed as inhumane for the purposes of s 19(2)(b), which places a legal obligation on persons not to use such devices except where a statutory defence applies (reg 3).
Observe the limits of prescribed electric device uses: For those using electric devices, reg 7 prescribes the permitted activities, animals and manner of use. Users must, for example, ensure stock prods are not applied to the face, udder or genital organs (reg 7(2) items 1 and 4), and must follow the transport regulations’ requirements for cattle (reg 7(2) items 2-3).
Permit and mitigation obligations for traps: Persons using metal‑jawed leghold traps for fox control must ensure padding or modification to prevent significant injury and obtain any permit required under the BAM Regulations 2013 before setting traps (reg 8(5)-(6)). For wild dog control by landholders, reg 8(2) requires binding jaws with cloth containing sufficient strychnine to ensure rapid death for likely animals caught , an operational duty imposed on users.
Follow adopted codes and standards: By adopting external codes “as amended from time to time” (reg 6(1)), the regulations impose an ongoing duty to comply with those codes where they apply. Reg 6(2) modifies specified state codes to require transport processes comply with the national Land Transport of Livestock standard; the practical duty is to use that national transport standard for many animals.
Administrative duties when property is forfeited or claims are made: The Executive Director of CALM or the prosecuting authority must dispose of forfeited fauna or animals according to the instructions set out (reg 12). Claimants must submit compensation claims and objections in the prescribed forms and within statutory time limits (reg 13; reg 10; Schedule 2 Forms 2 and 4; note s 93(2) time limit indicated).

Rights and defences

Statutory defences to cruelty charges for certain device uses: If a person uses a device in accordance with the conditions in reg 7 or reg 8, that person has a defence to a charge under s 19(1) of the Act (reg 7(2); reg 8(1), (3), (5)). The defence is factual and conditional , compliance with the Table’s conditions or the trap‑use conditions is required.
Procedural rights with infringement notices and objections: The form of infringement notice is prescribed (Form 1A, reg 9B(1)) and an accused may contest the infringement, elect prosecution, or pay the modified penalty within 28 days. There is also a prescribed form to withdraw infringement notices (Form 1B, reg 9B(2)) and a procedure for objections to Ministerial decisions via Form 2 (reg 10; Schedule 2).
Right to compensation: Owners may claim compensation for injury or death of their animal caused by negligent or malicious performance of a function by a scientific officer, using Form 4 and within the time limit in the Act (reg 13; Schedule 2 Form 4; note s 93(2)).

Who decides and enforcement pathways

Inspectors can obtain warrants in the form prescribed (Form 1) to enter, search and seize when reasonable grounds exist (reg 9; Schedule 2 Form 1).
Modified penalties can be applied for prescribed offences listed in Schedule 1; those items link to provisions in the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 (reg 9A; Schedule 1).
Ministerial discretion exists for accepting late objections or allowing further time, as indicated on Form 2 and in s 72 of the Act (reg 10; Schedule 2 Form 2 notes).

Practical interplay of duties and rights

A person who would otherwise be liable for an offence under s 19 may avoid prosecution by establishing compliance with reg 7 or reg 8 conditions and thereby invoking the defence. Conversely, failure to meet the specific technical conditions (e.g., failure to pad a trap or to bind trap jaws with cloth containing strychnine where required) removes the defence and exposes the actor to prosecution or an infringement notice as applicable.
Compliance with adopted codes in reg 6 is both a duty and a practical defence/benchmark; failure to follow an adopted code can be relied upon by regulators as evidence of non‑compliance with welfare standards.

In sum, the regulations convert the Act’s broad prohibitions into a set of technical duties and specified defensive rights tied to precise facts, procedural mechanisms and cross‑referenced external standards.

The regulations set out monetary penalties for specific offences, prescribe the forms and processes for enforcement, and define seizure and forfeiture procedures.

Monetary penalties and modified penalties

Tail docking penalties: Regulation 14(2)-(3) establishes a monetary penalty of $2,000 for a non‑veterinarian who carries out tail docking of a dog, and a $2,000 penalty for a veterinarian who carries out tail docking except where clinically indicated to cure or alleviate disease or injury (reg 14(2)-(3)).
Modified penalties for prescribed offences: Regulation 9A declares that an offence described in Schedule 1 is a prescribed offence for the purposes of s 65(1) of the Act, and the modified penalties listed in Schedule 1 are the modified penalties under s 66(2) (reg 9A(1)-(2)). Schedule 1 predominantly lists offences under the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 (for example r 17(3), r 18(1), r 19(1), with modified penalties typically $500 or $750 depending on the offence). The Schedule therefore gives regulators an administrative enforcement alternative to criminal prosecution.

Enforcement powers and procedural instruments

Warrants and search/seizure: Form 1 in Schedule 2 is the prescribed form of a warrant for entry, search and seizure under s 61 of the Act (reg 9; Schedule 2 Form 1). The warrant text in Schedule 2 indicates the criteria an issuing justice of the peace must be satisfied of (reasonable grounds that animals are at risk or evidence of an offence exists, or that an offence under Part 3 is likely to be committed if animals are not seized), and authorises inspectors to use reasonable force and assistance during the specified times.
Infringement notices and withdrawals: Schedule 2 Form 1A is the prescribed infringement notice (reg 9B(1)), providing the alleged offender with 28 days to pay a modified penalty to avoid prosecution, and setting out enforcement pathways under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Form 1B is the withdrawal form for an infringement notice (reg 9B(2)).
Objections and compensation: Form 2 (Schedule 2) is the prescribed objection form for decisions under s 72 (reg 10). Form 4 is the prescribed claim for compensation under s 93 (reg 13; Schedule 2 Form 4), with a one‑year time limit noted on the form (s 93(2) as referenced on Schedule 2).

Seizure, forfeiture and disposal

Disposal of forfeited property: Regulation 12 details disposal routes: forfeited fauna are to be sold, destroyed or otherwise disposed of according to instructions of the Executive Director of CALM (reg 12(1)); forfeited animals not classified as “fauna” are to be disposed according to the instructions of the prosecuting authority (reg 12(2)); other forfeited property is to be sold by auction or private treaty by the prosecuting authority (reg 12(3)). This assigns decision‑making power over the fate of seized property to officials rather than an automatic court order.

Cross‑legislative enforcement

Cross‑referencing with Transport Regulations and BAM Regulations: Schedule 1’s modified offences mostly reference offences in the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020, meaning enforcement for those activities will involve interplay between these regulations and this instrument (reg 9A; Schedule 1). Trap use for fox control requires permits under the Biosecurity and Agriculture Management Regulations 2013 (reg 8(6)), attaching biosecurity permit obligations to animal welfare enforcement.

Practical enforcement notes

Inspectors have warrant powers and may seize animals and evidence where statutory criteria are met (Schedule 2 Form 1). The availability of modified penalties (Schedule 1) provides a compliance‑oriented enforcement pathway, with administrative consequences (payment, enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994) rather than immediate criminal prosecution.
The regulations place specific operational constraints as preconditions of defences (padding of traps, cloth containing strychnine, manufacturer instructions, adherence to codes), and failure to meet these conditions will expose actors to the full force of criminal prosecution under the Act and the applicable penalties, including those in the Transport Regulations where relevant.

The regulations are deliberately interwoven with other Western Australian and Commonwealth instruments. The principal interactions are:

Animal Welfare Act 2002: The regulations are subordinate legislation made under, and to implement, provisions of the Animal Welfare Act 2002. Multiple regulations explicitly reference and operationalise specific Act provisions: reg 3 in relation to s 19(2)(b) (inhumane devices), reg 4 in relation to s 19(2)(d) and (3)(b)(i) (prescribed acts), reg 7 and reg 8 in relation to defences under s 29 for use of devices, reg 9A concerning prescribed offences and modified penalties under s 65(1) and s 66(2), and regs 9, 9B and 10 implementing other Act procedural requirements (warrants, infringement notice forms, objection forms).
Biosecurity and Agriculture Management Act 2007 (BAM Act) and Regulations 2013: Regulation 5 imports the BAM Act lists established under BAM s 158 as the source for animals that may be prescribed as pests under s 24(2) of the Animal Welfare Act (reg 5(1)). Regulation 8(6) requires that any permit to set a metal‑jawed leghold trap that is required under the Biosecurity and Agriculture Management Regulations 2013 must first be obtained before setting such a trap for fox control, tying animal welfare compliance to biosecurity permit regimes (reg 8(6)).
Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020: Definitions used in reg 7 (depot, saleyard, transport process) are taken from that instrument (reg 7(1)). More significantly, Schedule 1 lists prescribed offences and modified penalties, and the Schedule’s table refers exclusively to provisions in the Transport, Saleyards and Depots Regulations 2020 (for example r 17, r 18, r 19, r 20, etc.). The regulations therefore rely on and operationally integrate with that separate set of regulations; compliance requires reading both instruments together.
Codes and standards published by external bodies: Regulation 6 adopts numerous external codes and standards “as they are amended from time to time” (reg 6(1)), including Australian Animal Welfare Standards and Guidelines for Cattle and for Land Transport of Livestock (Animal Health Australia), state codes for poultry, goats, sheep and other animals, and industry rules published by Racing Australia and Racing and Wagering Western Australia (reg 6(1)-(2)). The adoption means that obligations under the Animal Welfare Act and these regulations include compliance with those external instruments; this imports private or inter‑governmental standards into statutory compliance.
Fines, Penalties and Infringement Notices Enforcement Act 1994: Schedule 2 Form 1A explains that failing to pay a modified penalty within 28 days may lead to enforcement under that Act, which includes a suite of civil enforcement measures (driver licence suspension, garnishee, property seizure) (Schedule 2 Form 1A).
CALM administration: Regulation 12(1) assigns the Executive Director of CALM (Conservation and Land Management) authority to direct disposal of forfeited fauna, bringing the Department’s powers into the disposal process (reg 12(1)).

These interactions mean compliance and enforcement operate across multiple regimes: animal welfare criminal law, biosecurity permitting, transport regulation, and administrative penalties/enforcement regimes. Practitioners must therefore treat the regulations not as standalone rules but as nodes within a network of legislative and administrative instruments.

The regulations include a compilation table in the published text which records amendments and their commencement dates. The principal amendment chronology in the instrument is:

2003: Animal Welfare (General) Regulations 2003 published 4 April 2003, commencement 4 April 2003 (r 2 and Gazette reference) , the base instrument.
2004: Animal Welfare (General) Amendment Regulations 2004 published 30 December 2004; commenced 1 January 2005 (per r 2 and Gazette).
2006: Animal Welfare (General) Amendment Regulations 2006 published 23 June 2006; commencement 23 June 2006.
2007: Animal Welfare (General) Amendment Regulations 2007 published 12 June 2007; operation dates split by r 2 into immediate and subsequent commencement (12-13 June 2007 as specified).
2008 (two instruments): Animal Welfare (General) Amendment Regulations (No. 2) 2008 (20 June 2008; reprint reference) and Animal Welfare (General) Amendment Regulations (No. 3) 2008 (18 July 2008), with staggered commencements for r 1 and 2 and other provisions (see reprint and Gazette citations).
2010 (two instruments): Animal Welfare (General) Amendment Regulations (No. 2) 2010 (16 February 2010) and Animal Welfare (General) Amendment Regulations 2010 (16 March 2010), with staged commencements.
2013: Animal Welfare (General) Amendment Regulations 2013 published 5 February 2013; r 1 and 2 commenced 5 February 2013, and other regulations commenced 1 May 2013 (Gazette 5 Feb 2013 p. 823). The 2013 amendment is explicitly noted in the text of reg 5 (amended 5 Feb 2013).
2020: Animal Welfare (General) Amendment Regulations 2020 (SL 2020/161) published 2 October 2020; commencement 3 October 2020 for regulations other than r 1 and 2. This instrument inserted reg 6 adopting external codes and regs 7, 9A and 9B and other material (the text states reg 6 inserted: SL 2020/161 r 4; regs 7 and 9A/9B inserted SL 2020/161 r 5-8).
2021: Animal Welfare (General) Amendment Regulations 2021 (SL 2021/146) published 13 August 2021; other provisions commenced 14 August 2021. This amendment altered reg 7 (see reg 7 amended: SL 2021/146 r 4).
2022: Agriculture and Food Regulations Amendment (Veterinary Practice) Regulations 2022 Pt. 2 (SL 2022/98) published 17 June 2022; commencement 18 June 2022. Reg 7 was amended by SL 2022/98 r 4 and reg 14 amended by SL 2022/98 r 5 as noted in the text. The compilation table records SL 2022/98 and the 2022 amendment to the regulations.

The text of the regulations marks the insertion or amendment of specific provisions (for example, reg 6 inserted SL 2020/161 r 4; reg 7 inserted SL 2020/161 r 5 and amended SL 2021/146 r 4; reg 8 amended Gazette 5 Feb 2013 p. 827). The schedule and form insertions (Schedules 1 and 2; Forms 1A and 1B) are noted as being inserted by SL 2020/161 r 7-9.

Practical implications of amendments

The 2020 amendments are significant: they imported multiple external standards (reg 6), created the detailed defences and enumerated device uses in reg 7, and introduced administrative mechanisms for modified penalties and infringement forms (regs 9A, 9B and Schedule 1; Schedule 2 Forms). These amendments reconfigured the operational compliance environment and integrated national standards.
The 2021 and 2022 amendments refined device‑use rules (reg 7) and veterinary practice provisions (reg 14), respectively. The 2022 Agriculture and Food Regulations Amendment (Veterinary Practice) Regulations 2022 appears to have updated provisions concerning vet practice and tail docking, reflecting alignment with changes to veterinary practice regulation.

Readers should note the compilation table’s role: it records the legislative history and dates of effect; the regulation text itself records where particular subregulations were inserted or amended and cites the numbering of the relevant amending instrument.

The regulation text supplied contains no citations to case law and does not record any litigation history. There are no cases named in the instrument. The regulations do, however, create new statutory defences and detailed technical conditions (for example reg 7 and reg 8), which in operational practice are the kinds of provisions that may generate factual disputes about whether the technical preconditions of a defence were met (for instance, whether an electric stock prod was used in accordance with the transport regulations, or whether a trap’s jaws were padded “so that any animal caught in the trap is unlikely to suffer significant injury” (reg 8(4)-(6))). Any such litigated questions would arise under the Act and the Transport Regulations and be resolved by courts applying the statutory text and the facts.

Because the instrument cross‑references other regulatory instruments (e.g., the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020, BAM Act/Regulations, and adopted codes of practice), litigation that concerns the application or interpretation of this instrument could also involve those instruments as part of the legal context. The regulation itself does not list decisions or judicial interpretations; a practitioner requiring case law will need to consult court databases or secondary sources for reported decisions interpreting these particular provisions or the corresponding sections of the Act.

The regulations contain several technical features and cross‑references that create practical compliance pitfalls and implementation risks for operators, regulators and advisers. These are specific, documentable issues rather than policy commentary.

Narrowly framed statutory defences: The defences in reg 7 and reg 8 are fact‑specific. A person who uses a permitted device but fails to comply with a single specified condition (for example, uses an electric stock prod on the face or udder contrary to reg 7(2) items 1 and 4; fails to follow the specific transport regulation for cattle in reg 7(2) items 2-3) loses the statutory defence and is potentially exposed to prosecution under s 19(1). The legal consequence turns on the precise facts.
Cross‑instrument reading required: Compliance requires reading this instrument together with the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020 and the BAM Act/Regulations. For instance, reg 7(1) imports defined terms from the Transport Regulations and reg 7(2) items 2 and 3 require compliance with Transport Reg 20 for cattle; Schedule 1 lists many prescribed offences that are provisions in the Transport Regulations. Practitioners who consult only the General Regulations risk missing obligations or penalties located in the Transport Regulations.
Adoption of external codes “as amended from time to time”: Reg 6(1) adopts multiple external codes and standards by reference and permits their ongoing amendment to change the legal standard without further parliamentary amendment to the regulations. Practically, compliance duties can change as those external codes are updated. The regulations also modify certain local codes to require the national Land Transport standard for transport processes (reg 6(2) Table). Organisations must track revisions to those external texts to remain compliant.
Specific manufacturer designation: Reg 7(2) item 10 expressly names the eShepherd virtual fencing system manufactured by Agersens Pty Ltd and authorises its use for containing cattle when used according to manufacturer instructions. This creates a discrete authorisation tied to a named product and manufacturer; changes in product, ownership, or new competing products are not automatically covered and would require regulatory amendment to be explicitly authorised.
Unusual operational requirement for leghold traps: Reg 8(2) requires that jaws of a metal‑jawed leghold trap used for wild dog control be bound with cloth containing sufficient strychnine to ensure rapid death for any animal likely to be caught. This is an unusual operational prescription with biosecurity and toxicology implications: users must obtain and handle strychnine in a way that ensures rapid death of target animals but may also risk secondary poisoning of non‑targets, and strychnine is itself a regulated toxic substance. The regulation does not spell out safe handling, storage or licensing requirements for the cloth or strychnine; users must reconcile this obligation with other legislative controls on poisons and dangerous substances.
Permits required under other legislation: For fox control, reg 8(6)(b) requires obtaining any permit required under the Biosecurity and Agriculture Management Regulations 2013 prior to setting the trap. Practically, failure to obtain such a permit will render the reg 8 defence unavailable and expose the operator to prosecution.
Timing and administrative steps for infringement and objection: The infringement notice form (Form 1A) gives 28 days to pay or elect prosecution; Form 2 notes s 72(2) requires an objection within 28 days or further time as the Minister may allow (reg 10; Schedule 2). Missing these time limits may forfeit administrative remedies, and enforcement under the Fines, Penalties and Infringement Notices Enforcement Act 1994 may follow.
Disposal decision points for seized animals: Regulation 12 delegates disposal choices to the Executive Director of CALM for fauna and to the prosecuting authority for other animals (reg 12(1)-(2)). Owners may face uncertainty about outcomes and timing, and prosecuting authorities have discretion over sale by auction or private treaty for non‑animal property (reg 12(3)). This can create reputational and economic risk for owners and occupiers whose animals are seized.
Potential grey areas for “effective control” and “being kept”: Reg 5(2) lists exceptions that must be satisfied before an organism on the BAM Act list is a prescribed pest: not a domestic pet, not kept for racing/riding/harnessing, not kept for confined display/entertainment, not livestock, and not under effective control of an owner at the time a person attempts to kill it (reg 5(2)(a)-(e)). In practice, factual disputes may arise about whether an animal is “being kept” or “under effective control” at the relevant time, and these factual determinations control whether lethal control is lawful.

These “gotchas” are technical and documentary. They create areas where factual mistakes or administrative omissions will have legal consequences, particularly where the regulation ties defences to specific operational steps and to permits or external codes.

Compliance requires attention to technical conditions, cross‑instrument obligations, and administrative procedures described in the regulations. Practical steps, tied to specific provisions, are:

Read the Act and the relevant Regulations together: The General Regulations frequently cross‑reference the Animal Welfare Act 2002, the Animal Welfare (Transport, Saleyards and Depots) (Cattle and Sheep) Regulations 2020, and the Biosecurity and Agriculture Management Act 2007 and its Regulations. Effective compliance requires consulting these instruments together , for example, reg 7(2) items 2-3 require adherence to Transport Reg 20 for cattle.
Avoid prescribed inhumane devices unless defence conditions are fully met: Devices identified in reg 3 are prescribed as inhumane. Do not use electric shock devices (other than electric fences), jawed traps, spurs with sharpened/fully‑fixed rowels or spurs that can penetrate skin unless you can strictly demonstrate that your use falls within a reg 7 or reg 8 statutory defence. Keep records (who used the device, training, supervision, purpose, animal kind, manner of use) that will evidence compliance with the defence conditions (reg 3; reg 7; reg 8).
For use of electric devices follow the exact Table conditions in reg 7(2) and the electro‑immobiliser rules in reg 7(3)-(4): For stock prods, avoid face, udder or genital application (reg 7(2) items 1 and 4). For cattle handling in transport, use the device in accordance with Transport Reg 20 (reg 7(2) items 2-3). For electro‑immobilisers, ensure the animal is at least six months old, the device is not used as an alternative to pain relief, and the user is trained or under immediate supervision of a veterinarian as described in reg 7(3)-(4).
For traps follow padding, modification and permit requirements: When using metal‑jawed leghold traps for wild dog control or fox control, ensure compliance with the applicable subregulation conditions: binding jaws with cloth containing sufficient strychnine for wild dog control (reg 8(2)), padding or modification to prevent significant injury for research or fox control (reg 8(4), (6)(a)), and obtain any necessary BAM permits before setting traps for fox control (reg 8(6)(b)). Researchers must obtain animal ethics committee approval for the program (reg 8(3)).
Track and implement adopted codes and standards: Reg 6 adopts several external codes “as amended from time to time”. Obtain, read and follow the current versions of those codes where applicable , notably the Australian Animal Welfare Standards and Guidelines for Cattle, Land Transport of Livestock standards, and the state codes modified by reg 6(2)’s table entries. For transport processes, ensure vehicles, handling and documentation conform with the Land Transport of Livestock standard as required (reg 6(2) Table).
Maintain training and supervision documentation: For electro‑immobiliser and other technician‑dependant devices, ensure training records, supervision logs and the presence of the supervisor on the same premises are documented as required by reg 7(3)-(4).
Obtain necessary permits and licences in advance: If your activities involve animals that may fall on BAM Act lists, seek relevant BAM permits or biosecurity approvals when required (reg 5 and reg 8(6)(b)). For licensed pest control operators, verify licence conditions that may interact with reg 8’s trap conditions.
Use the prescribed forms and observe time limits: If served with an infringement notice, use Form 1A procedures and note the 28‑day period for payment or election to be prosecuted (Schedule 2 Form 1A; reg 9B(1)). If contesting a decision, file an objection on Form 2 within the time limits set by s 72 and reg 10. For compensation claims, submit Form 4 within the statutory time limit (reg 13; Schedule 2 Form 4; note s 93(2)).
Prepare for enforcement actions and warrants: Inspectors may seek a warrant in the Form 1 format (reg 9; Schedule 2 Form 1). Ensure that premises, vehicles and documentation are kept in order and that you can demonstrate compliance with welfare standards in case of inspection or seizure.
Tail docking: Do not permit non‑veterinarians to perform tail docking of dogs (reg 14(2)). If tail docking is clinically necessary, ensure a veterinarian documents the clinical indication and follows appropriate medical standards when performing the procedure (reg 14(3)).
Keep records and valuation information for compensation claims and forfeiture: For claims under s 93, Form 4 requires particular details (breed, age, sex, valuation) and a declaration of ownership (reg 13; Schedule 2 Form 4). For forfeiture, be prepared for disposal decisions by the Executive Director of CALM or the prosecuting authority (reg 12).
Risk assessment and secondary legislation compliance: Given the integration with multiple instruments and adoption of external codes, implement a compliance control plan that tracks amendments to those external standards and to the Transport and BAM Regulations. Assign responsibility for monitoring updates and ensure staff training is refreshed following regulatory changes (see reg 6 adopting external codes as amended).

Following these steps aligns operational practice to the statutory defences and administrative obligations set by the regulations, reduces legal exposure and provides documentary evidence to support reliance on the defences where required.

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