These regulations amend how the Animal Welfare Act operates by adding cephalopods as protected animals for Part 4, listing specific acts as cruelty (including tail docking of dogs, with a veterinary exception), banning pulsed low‑frequency electrical restraint (veterinary exception), prescribing a national rodeo code, fixing licence application fees, and rescinding prior regulations. They affect researchers, institutions, veterinarians and animal handlers by changing who is entitled to protection, creating defined offences and exceptions, setting administrative fees (Schedule 1; reg 10) and giving inspectors power to classify procedures as animal research (reg 7).
These regulations make targeted amendments and prescriptions under the Animal Welfare Act 1993 (the Act). Mechanically, the instrument does the following.
Prescribes a creature of the class Cephalopoda as an animal for the purposes of Part 4 of the Act (regulation 4). That means the Act’s Part 4 machinery will apply to cephalopods to the extent that Part 4 operates by reference to the definition of “animal” at paragraph (b) of section 3 of the Act (reg 4).
Prescribes a specific Code of Practice for rodeos for the purposes of section 11A(1)(a) of the Act, identifying the National Consultative Committee on Animal Welfare (NCCAW) Standards for the Care and Treatment of Rodeo Livestock (published 10 June 2006) as the prescribed Code (regulation 5). The prescription expressly allows that Code as amended or substituted over time (reg 5).
Lists certain acts that are, for the purposes of section 8(2)(k) of the Act, prescribed acts constituting cruelty to animals: strangling an animal with a device or by other means; docking all or part of the tail of a dog; causing or permitting such docking (regulation 6(2)). The regulation defines docking to include removal by surgical or non-surgical means and creates a narrow exception where a veterinary surgeon uses anaesthesia to dock a dog’s tail for therapeutic purposes (regulation 6(1), (3), (4)).
Confers an administrative fact-finding power on inspectors to determine whether a procedure performed on an animal is “animal research” for the purposes of carrying out any function or power under the Act (regulation 7).
Prohibits restraining an animal by using a pulsed, low-frequency electrical current, and prescribes a penalty (fine not exceeding 50 penalty units) for breach; the prohibition does not apply to a veterinary surgeon acting in that capacity (regulation 8).
Current sections
Direct links to the current provisions in Animal Welfare (General) Regulations (No. 2) 2023.
For the purposes of section 11A(1)(a) of the Act, the prescribed Code of Practice for rodeos is the National Consultative Committee on Animal Welfare (NCCAW) Standards for the Care and Treatment of Rodeo Livestock published by the Commonwealth Department of Agriculture, Fisheries and Forestry on 10 June 2006, as amended or substituted from time to time.
Part 2
Acts and procedures
Part 2 Acts and procedures
6
Prescribed acts constituting cruelty to animals
6 Prescribed acts constituting cruelty to animals
(1) In this regulation –
docking means removal, by surgical or non-surgical means;
dog means an animal of the species Canis familiaris;
therapeutic purposes means the purposes of treating a disease or medical condition.
(2) For the purposes of section 8(2)(k) of the Act, the following are prescribed acts:
(a) the strangling of an animal with a device or by other means;
(b) the docking of all, or part, of the tail of a dog;
(c) causing or permitting the docking of all, or part, of the tail of a dog.
(3) Subregulation (2)(b) does not apply to a veterinary surgeon who, using anaesthesia in respect of a dog, docks all, or part, of the tail of the dog for therapeutic purposes.
(4) Subregulation (2)(c) does not apply to a person who causes or permits a veterinary surgeon to, using anaesthesia in respect of a dog, dock all, or part, of the tail of the dog for therapeutic purposes.
7
Inspector may determine if procedure is animal research
7 Inspector may determine if procedure is animal research
(1) In this regulation –
procedure, in relation to an animal, includes a test, experiment, inquiry and study, performed on the animal.
(2) For the purposes of performing any function or exercising any power under the Act, an inspector may determine whether or not a procedure performed on an animal is animal research for the purposes of the Act.
8
Use of electrical current
8 Use of electrical current
(1) A person must not restrain an animal by using a pulsed, low-frequency electrical current.
Penalty: Fine not exceeding 50 penalty units.
(2) Subregulation (1) does not apply to a veterinary surgeon acting in that capacity.
Part 3
Miscellaneous
Part 3 Miscellaneous
9
Prescribed penalties for infringement notices
9 Prescribed penalties for infringement notices
Unless otherwise prescribed, the prescribed penalty for an offence specified in an infringement notice served on a person in accordance with section 43A of the Act is 2 penalty units.
| | Applicant | Fee units |
| 1. | Institutions based in Tasmania – | 180 |
| | (a) employing not more than 3 persons; and | |
| | (b) having not more than 4 animal research project proposals each year | |
| 2. | Institutions based in Tasmania employing 4 or more persons | 360 |
| 3. | Institutions based in Tasmania with 5 or more animal research project proposals each year | 360 |
| 4. | Institutions based outside of Tasmania with own Animal Experimentation Ethics Committee | 90 |
| 5. | Institutions based outside of Tasmania – | 180 |
| | (a) without own Animal Experimentation Ethics Committee; and | |
| | (b) having not more than 4 animal research project proposals each year | |
| 6. | Institutions based outside of Tasmania – | 180 |
| | (a) without own Animal Experimentation Ethics Committee; and | |
| | (b) having 5 or more animal research project proposals each year | |
| 7. | Institutions established solely for charitable purposes and not for profit or gain | 0 |
These regulations are administered in the Department of Natural Resources and Environment Tasmania.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Animal Welfare (General) Regulations (No. 2) 2023 .
2 Commencement
2 Commencement
These regulations take effect on the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Animal Welfare Act 1993 ;
year means a calendar year.
4 Prescribed animal
4 Prescribed animal
For paragraph (b) of the definition of animal in section 3 of the Act, a creature of the class Cephalopoda is prescribed as an animal for the purposes of Part 4 of the Act.
5 Prescribed Code of Practice for rodeos
5 Prescribed Code of Practice for rodeos
For the purposes of section 11A(1)(a) of the Act, the prescribed Code of Practice for rodeos is the National Consultative Committee on Animal Welfare (NCCAW) Standards for the Care and Treatment of Rodeo Livestock published by the Commonwealth Department of Agriculture, Fisheries and Forestry on 10 June 2006, as amended or substituted from time to time.
Part 2 Acts and procedures
Part 2 Acts and procedures
6 Prescribed acts constituting cruelty to animals
6 Prescribed acts constituting cruelty to animals
(1) In this regulation –
docking means removal, by surgical or non-surgical means;
dog means an animal of the species Canis familiaris;
therapeutic purposes means the purposes of treating a disease or medical condition.
Sets the default prescribed infringement penalty for notices served under section 43A of the Act at 2 penalty units, unless another penalty is prescribed (regulation 9).
Prescribes licence application and annual licence fees in fee units for licences to carry out animal research, and requires payment at the time of application (regulation 10 and Schedule 1). Schedule 1 also exempts institutions established solely for charitable purposes and not for profit or gain from fees (Schedule 1 item 7).
Rescinds the Animal Welfare (General) Regulations 2023 (No. 41 of 2023) (regulation 11 and Schedule 2).
Commencement is the day the making is notified in the Gazette (regulation 2); the instrument records notification in the Gazette on 12 July 2023 in its footer.
The regulations are procedural and definitional in character: they add to or clarify which creatures are captured by particular parts of the Act, specify particular conduct as prescribed cruelty, identify an external Code of Practice as the prescribed Code for rodeos, set fees and prescribed penalties, and give inspectors a power to classify procedures as animal research.
Main concepts
The regulations rely on and operate through a handful of statutory concepts embedded in the Act and fleshed out here.
“Prescribed animal” for Part 4 (regulation 4). The regulation prescribes Cephalopoda as an “animal” under paragraph (b) of the Act’s definition of animal for the specific purpose of Part 4. The regulation therefore determines the taxonomic scope of Part 4 by administrative prescription rather than by rewriting the definition in the Act itself. The prescription is limited in scope by the express phrase “for the purposes of Part 4 of the Act” (reg 4).
“Prescribed Code of Practice” for rodeos (regulation 5). The regulation selects an externally produced instrument,the NCCAW Standards for the Care and Treatment of Rodeo Livestock (published 10 June 2006),as the Code required by section 11A(1)(a) of the Act. The instrument explicitly allows that Code in amended or substituted form, meaning the prescribed instrument is the current text of those standards as they exist from time to time (reg 5).
“Prescribed acts constituting cruelty” (regulation 6). The regulation lists conduct treated as prescribed cruelty under the Act. It provides internal definitions: “docking” is removal by surgical or non-surgical means, “dog” is Canis familiaris, and “therapeutic purposes” means treatment of a disease or medical condition (reg 6(1)). The listed acts are (a) strangling with a device or otherwise, (b) docking of all or part of a dog’s tail, and (c) causing or permitting such docking (reg 6(2)). Two narrow exemptions carve out therapeutic veterinary procedures using anaesthesia (reg 6(3)-(4)).
Administrative classification of “procedure” and inspectorial fact determination (regulation 7). The regulation defines “procedure” broadly to include tests, experiments, enquiries and studies, and empowers an inspector to determine whether a procedure is “animal research” for the purposes of performing any function or exercising any power under the Act (reg 7(1)-(2)).
Method-based prohibition on restraint (regulation 8). The instrument proscribes a specific restraint method: use of a pulsed, low-frequency electrical current to restrain an animal, subject to a monetary penalty and a veterinary exception (reg 8(1)-(2)).
Fee and penalty unit architecture (regulations 9-10, Schedule 1). The regulations adopt a fee-unit approach for licence fees (Schedule 1) and adopt penalty units for monetary penalties (regulations 8 and 9). Regulation 9 fixes the default infringement notice penalty at 2 penalty units unless another amount is prescribed (reg 9).
Rescission of prior regulations (regulation 11 and Schedule 2). The instrument expressly removes the immediately preceding Animal Welfare (General) Regulations 2023 (No. 41 of 2023) from the statute book (reg 11; Schedule 2).
Each of these concepts operates in a limited statutory setting: prescriptions refer back to specified subsections of the Act (for example, section 8(2)(k) and section 11A(1)(a)), and the reach of the prescription is set by the words used in each regulation (compare “for the purposes of Part 4” in reg 4 with the broad wording in reg 7(2) empowering inspector determinations).
Who it affects
The instrument affects a defined set of actors by naming regulated conduct, fees and administrative decision-makers.
Animal researchers and institutions that use or propose to use animals in regulation-covered procedures. Regulation 10 and Schedule 1 make clear that institutions applying for licences to carry out animal research must pay the fees specified in Schedule 1 in fee units and that those fees are payable both in respect of an application and for each year of the licence (reg 10). Schedule 1 differentiates institutions by location (based in Tasmania or outside Tasmania), by whether they have their own Animal Experimentation Ethics Committee, by size (number of employees), and by the volume of proposed animal research project proposals per year. Institutions established solely for charitable purposes and not for profit or gain are charged zero fee units (Schedule 1 item 7).
Persons who engage in conduct the regulations prescribe as cruelty. Regulation 6 prescribes specific acts as constituting cruelty for the purposes of section 8(2)(k) of the Act: strangling an animal with a device or by other means, docking all or part of a dog’s tail, and causing or permitting such docking (reg 6(2)). The prohibition on restraining animals with pulsed, low-frequency electrical current (reg 8(1)) affects any person who might use such a device or technique, subject to the veterinary exception in reg 8(2).
Veterinary surgeons. Veterinary surgeons are carved out of some of the prohibitions/exceptions. Regulation 6(3) and (4) allow a veterinary surgeon who uses anaesthesia to dock a dog’s tail for therapeutic purposes; regulation 8(2) exempts a veterinary surgeon acting in that capacity from the prohibition on using pulsed, low-frequency electrical current to restrain an animal.
Inspectors. The regulations grant inspectors an explicit determination power under regulation 7(2) to decide whether a procedure is “animal research” for the purpose of performing any function or exercising any power under the Act. That makes inspectors decision-makers who can trigger or deny regulatory obligations that flow from a procedure’s classification.
Rodeo organisers and livestock owners involved in rodeos. Regulation 5 prescribes a specific Code of Practice (NCCAW Standards, 10 June 2006) as the relevant Code for rodeos for section 11A(1)(a) of the Act. If the Act or its subordinate instruments require compliance with a prescribed Code, that obligation will be satisfied (or assessed) against the NCCAW Standards as specified in reg 5.
Persons subject to infringement notices under section 43A of the Act. Regulation 9 sets the default prescribed penalty for such notices at 2 penalty units unless the regulations otherwise prescribe a different penalty.
Those who will be affected therefore include both commercial and non-commercial research institutions, veterinary practitioners, rodeo participants and organisers, and any person whose conduct falls within the narrow list of prescribed cruelty acts or the method of restraint banned by reg 8. The regulations place decision-making power primarily with inspectors (reg 7) and with the licensing process (reg 10 and Schedule 1) as the means of bringing animal research activity under the Act’s regulatory umbrella.
Key duties and rights
The regulations create or clarify a set of duties, entitlements and administrative rights. These are specific and limited.
Duties (express in the text)
Fee payment duty on licence applicants. Applicants for licences to carry out animal research must pay the fee units specified in Schedule 1 in respect of the application and for each year of the licence, at the time of application (regulation 10). The schedule designates different fee-unit amounts depending on institutional characteristics (Schedule 1).
Prohibition on specified methods and acts. Persons must not restrain animals by using a pulsed, low-frequency electrical current (regulation 8(1)). The regulation prescribes the strangling of an animal with a device or by other means and docking all or part of a dog’s tail (or causing/permitting such docking) as prescribed acts constituting cruelty for the purposes of the Act (regulation 6(2)). These are expressed as types of conduct that the Act deems to amount to cruelty.
Compliance with a prescribed Code of Practice for rodeos where the Act requires adherence to the prescribed Code. Regulation 5 prescribes the NCCAW Standards as the Code referred to in section 11A(1)(a) of the Act. Any duty in the Act tied to compliance with the prescribed Code will be measured against that instrument.
Rights and exemptions (express in the text)
Veterinary exemptions. A veterinary surgeon undertaking therapeutic docking with anaesthesia is outside the operation of the docking prohibition in regulation 6(2)(b) and the liability for causing or permitting such a docking is similarly exempted when the person causes or permits a veterinary surgeon to perform the therapeutic anaesthetised docking (regulation 6(3)-(4)). Similarly, the prohibition on using pulsed, low-frequency electrical current to restrain an animal does not apply to a veterinary surgeon acting in that capacity (regulation 8(2)).
Fee exemption for certain charitable institutions. Institutions established solely for charitable purposes and not for profit or gain are assigned 0 fee units in Schedule 1, which means no fee is payable under regulation 10 for those applicants (Schedule 1 item 7; regulation 10).
Inspectorial discretion. Inspectors have a statutory power to determine whether a procedure performed on an animal is animal research for the purposes of performing any function or exercising any power under the Act (regulation 7(2)). That right to determine affects both regulated parties and regulators because the outcome of the determination can change which regulatory duties apply.
Enforcement mechanism (express in the text)
Infringement notices under section 43A of the Act may carry a prescribed penalty of 2 penalty units unless otherwise specified (regulation 9). Breach of the prohibition on using pulsed, low-frequency electrical current attracts a penalty not exceeding 50 penalty units (regulation 8(1)).
The regulations therefore create discrete duties (fee payment, prohibitions) and limited rights/exemptions (veterinary acts, charitable-fee exemption, inspectorial classification power). The instrument does not itself set out procedural steps for fee recovery or the full enforcement machinery; it references statutory enforcement mechanisms in the Act (for example, section 43A) and prescribes the monetary components.
Penalties and enforcement
The regulations set monetary penalties and identify an administrative decision-maker with classification power; they interact with existing enforcement provisions of the Act.
Monetary penalties specified in the instrument
Prohibition on restraint by pulsed, low-frequency electrical current: a breach attracts a penalty of a fine not exceeding 50 penalty units (regulation 8(1)). The regulation contains an explicit exception for a veterinary surgeon acting in that capacity (regulation 8(2)).
Infringement notices: regulation 9 sets the prescribed penalty for an offence specified in an infringement notice (served under section 43A of the Act) at 2 penalty units unless otherwise prescribed. Regulation 9 is a default-setting rule; where a particular offence is given a specific prescribed penalty elsewhere in the regulations, that specific prescription would displace the default.
Enforcement agents and decision-makers
Inspectors: regulation 7(2) empowers an inspector to determine whether a procedure performed on an animal is “animal research” for the purpose of performing any function or exercising any power under the Act. That determination power is significant because many enforcement powers, licensing duties and obligations in the Act and subordinate instruments may hinge on whether a procedure is classified as animal research.
The Act’s infringement notice machinery under section 43A is referenced by regulation 9. The regulation fixes the monetary quantum attached to infringement notices unless another prescription exists. The instrument does not specify the mechanics of issuing or contesting an infringement notice, which will remain as provided in the Act.
Legal form of the penalties
Penalties are expressed in “penalty units” rather than in direct currency. The regulations do not define the monetary value of a penalty unit; that valuation is typically set elsewhere in statute or regulation. The regulation 8 fine ceiling (50 penalty units) and the default infringement amount (2 penalty units) must therefore be read in tandem with the statutory regime that defines a penalty unit’s monetary value.
Operational consequences for enforcement and compliance
The inspector’s classification power (reg 7) gives inspectors an upstream gatekeeping role in determining regulatory scope. If a procedure is judged to be animal research, that classification can trigger licensing and fee obligations (reg 10 and Schedule 1) and may expose the actor to penalties and enforcement for failing to hold a requisite licence or contravening animal welfare standards. Conversely, classification that a procedure is not animal research will exclude it from those specific obligations for the purposes of functions and powers under the Act.
The narrow veterinary exceptions in regulations 6 and 8 set out where an otherwise-prohibited act or method will not attract enforcement action under the prescriptions. Enforcement agencies will need to assess whether the conditions for the exception (for example, therapeutic purpose and the use of anaesthesia by a veterinary surgeon) are present in a given matter.
The instrument does not expand criminal penalties beyond these monetary measures within its text; it aligns its penalty architecture with the Act’s existing enforcement framework by prescribing penalty units for particular contraventions and a default infringement quantum.
How it interacts with other laws
The regulations operate as subordinate legislative instruments under the Animal Welfare Act 1993 and interact with the Act’s definitions, functions and enforcement mechanisms.
Interaction with the Act’s definitional regime. Regulation 4 inserts Cephalopoda into the pool of creatures treated as “animals” for the limited purpose of Part 4 of the Act. That is a targeted change to the Act’s reach by way of regulation rather than amendment to the Act itself. The practical legal effect is that any function, duty, power or prohibition in Part 4 that applies to “animals” as defined by paragraph (b) of section 3 will extend to cephalopods because the regulation prescribes Cephalopoda for that purpose (regulation 4).
Interaction with the Act’s Code-of-Practice mechanism. Regulation 5 prescribes the NCCAW Standards as the Code of Practice under section 11A(1)(a) of the Act for rodeos. Where the Act’s obligations, defences or compliance assessments reference a “prescribed Code of Practice,” that reference will be read as pointing to the NCCAW Standards as they may be amended or substituted (regulation 5). That means the content of the Standards will be a reference point for compliance and enforcement where the Act requires adherence to the prescribed Code.
Interaction with licensing and animal research regulation. Regulation 7 allows inspectors to determine whether procedures are “animal research” for the purpose of performing any function or exercising any power under the Act. Regulation 10 and Schedule 1 then prescribe fees for licences to carry out animal research. Taken together, these provisions create a compliance pathway: an inspector’s classification of a procedure as animal research can lead to licensing obligations and fee payment under reg 10 and Schedule 1. The regulations do not themselves set out the licensing criteria or licence conditions; those remain in the Act or other subordinate instruments.
Interaction with the Act’s enforcement architecture. Regulation 9 refers directly to section 43A of the Act, which provides for infringement notices. The regulation sets a default monetary quantum for infringement notices at 2 penalty units unless otherwise prescribed. Regulation 8’s fine (50 penalty units) sits alongside the Act’s criminal offences and penalty structure; the regulation does not displace other offences or enforcement mechanisms available under the Act.
Interaction with other subordinate instruments. Regulation 11 rescinds the earlier Animal Welfare (General) Regulations 2023 (No. 41 of 2023). That rescission will have the effect of removing any provisions that the prior regulations contained that are not replicated in this instrument. The regulation on rescission therefore interacts with prior subordinate law by replacing it with the current instrument as from the day of commencement (regulation 11 and Schedule 2).
Cross-references to the broader statutory context. The instrument uses terms such as “penalty unit,” “infringement notice,” and references to the Act’s specific sections (for example, section 8(2)(k) and section 11A(1)(a)). The full legal effect of these instruments therefore depends on the wider statutory framework of the Act and any general statutes that define penalty units or set publication and commencement rules (for example, the Rules Publication Act 1953, which is used for display and numbering as stated at the footer).
The regulations are therefore interstitial: they do not rewrite the Act but slot into the Act’s architecture by prescribing particular animals, a Code of Practice, specific prohibited acts, fee levels and an inspector’s fact-finding power, and by rescinding a prior subordinate instrument. To assess the full legal consequences of any conduct, one must read the Act’s provisions,particularly Part 4, section 11A, and section 8,together with the prescriptions in these regulations.
Amendment history
The instrument itself is a discrete piece of subordinate legislation with limited self-contained amendment history recorded in the provided text.
Commencement date mechanism. The regulations commence on the day their making is notified in the Gazette (regulation 2). The footer of the instrument notes that the regulations were notified in the Gazette on 12 July 2023.
Rescission of prior regulations. Regulation 11 and Schedule 2 explicitly rescind the Animal Welfare (General) Regulations 2023 (No. 41 of 2023). That is the only express resurrection or revocation event recorded in the text; the instrument therefore replaces that prior subordinate instrument as the operative regulations.
Dynamic prescription of external instruments. Regulation 5 prescribes the NCCAW Standards published 10 June 2006 as the prescribed Code of Practice for rodeos “as amended or substituted from time to time.” That language allows the prescribing regulation to operate with a rolling or dynamic reference: the Code that is current at any time (including amendments or future substitutions) will be the prescribed Code. This is an internal mechanism that ensures the regulation continues to refer to the up-to-date text of the NCCAW Standards without the need for further regulations to update the reference.
No internal amendment-of-regulations clauses. The regulation text does not itself contain a schedule of amendments to other instruments beyond the rescission in Schedule 2. There are no transitional provisions recorded in the provided text that would, for example, grandfather prior conduct or licences; the text is silent on transitional arrangements.
Fee schedule stability. Regulation 10 and Schedule 1 set fee unit amounts by institutional category. Schedule 1 does not contain an express review or indexing mechanism; any future change to the fee units or categories would require amendment to the regulations or replacement of the schedule under the legislative process.
No recorded prior amendments to the Act. The provided regulation text does not include any amendment to the Animal Welfare Act 1993 itself; it exercises powers granted by the Act to prescribe animals, Codes, acts constituting cruelty, fees, penalties, and to rescind prior regulations.
Practically, the immediate amendment history visible in this instrument is the repeal of the earlier 2023 instrument and the commencement by Gazette notification. The regulation’s dynamic reference to the NCCAW Standards is a design choice allowing the Code prescription to track the Standards as they change.
Litigation history
The text supplied contains no cases, court decisions or litigation narrative. There are no judicial determinations, appeals, or administrative review matters recorded in the instrument itself. Consequently, the instrument provides no litigation history to cite.
That absence is noteworthy for practitioners because it leaves open how courts or tribunals might interpret key elements, should disputes arise. Specific points that could be subject to litigation, but for which the regulations offer no adjudicative history, include:
The scope of the inspector’s determination power under regulation 7(2). The regulation grants inspectors the power to determine whether a procedure is animal research for the purposes of performing any function or exercising any power under the Act. In practice, questions may arise about the legal character of that determination (for example, whether it is reviewable, what standard applies, and whether it is a final administrative determination). The regulation itself does not address those procedural or reviewability issues.
The meaning of “therapeutic purposes” and the sufficiency of anaesthesia for the veterinary exception in regulation 6(3)-(4). The regulation defines “therapeutic purposes” as purposes of treating a disease or medical condition (regulation 6(1)). Should disputes arise over whether a given docking was therapeutic, courts may be asked to construe that phrase and evaluate fact patterns. The regulation provides the definitional starting point but no interpretive history.
The technical meaning of “pulsed, low-frequency electrical current” in regulation 8 and its boundary with permissible veterinary practise under regulation 8(2). A contested enforcement action could require a court or tribunal to determine whether a device or method falls within the proscribed technique.
The boundary of the prescription of Cephalopoda as an animal for Part 4 purposes (regulation 4). Litigation could arise over whether particular cephalopod species or certain practices fall within the scope of Part 4 once cephalopods are treated as animals for that Part.
Because the instrument itself is recent subordinate legislation, any litigation history that emerges will be found in subsequent court or tribunal records. For present purposes, the regulations contain no recorded decisions or litigation outcomes.
Gotchas
The regulations contain several narrowly worded provisions and cross-references that create potential traps for non-specialists. These are practical points to watch when advising clients or managing compliance.
Cephalopoda is prescribed only for Part 4. Regulation 4 prescribes a creature of the class Cephalopoda as an “animal” specifically “for the purposes of Part 4 of the Act.” This is a limited prescription, not a blanket redefinition of “animal” across the Act. Practitioners should not assume that cephalopods are treated as animals for every provision of the Act; the text confines the prescription to Part 4 (regulation 4).
Narrow veterinary exceptions hinge on conditions. The docking provisions in regulation 6(2) make docking a prescribed act of cruelty, but regulations 6(3)-(4) create an exception for a veterinary surgeon who docks a dog’s tail for “therapeutic purposes” using anaesthesia, and for a person who causes or permits such a veterinary surgeon to do so. Two elements are required for the exception: the act must be therapeutic (treatment of disease or medical condition, per reg 6(1)) and it must be performed by a veterinary surgeon using anaesthesia. Missing either element could remove the protection of the exception and expose persons to the prescribed cruelty characterisation (regulation 6(1), (2), (3), (4)).
“Docking” includes non-surgical means. Regulation 6(1) defines “docking” to include removal by surgical or non-surgical means. Accordingly, non-surgical removal methods are captured by the prohibition unless they fall within the veterinary and anaesthesia/therapeutic exception (regulation 6(1)-(4)). That catches techniques that might otherwise be thought outside “surgical” interventions.
The inspector’s determination power is broad and potentially dispositive. Regulation 7(2) permits an inspector to determine whether a procedure is animal research for the purposes of “performing any function or exercising any power under the Act.” That wording could make an inspector’s determination the trigger for licensing, enforcement and other statutory consequences (regulation 7(2)). The regulation does not specify procedural guarantees, internal review mechanisms, or the standards for that determination, so parties should be prepared to document their procedures and engage early with inspectors.
The definition of “procedure” is broad. Regulation 7(1) defines “procedure” to include tests, experiments, inquiry and study performed on an animal. That breadth increases the chance that routine or borderline activities may be classified as animal research if an inspector so determines (regulation 7(1)-(2)).
Fee categories can be counterintuitive. Schedule 1 ties fees to institutional characteristics: location (Tasmania or outside), size (employees), number of project proposals, and whether the institution has its own Animal Experimentation Ethics Committee. Some combinations lead to identical fee units (for example, items 2 and 3 both list 360 fee units for Tasmanian institutions of different descriptions), which could lead to confusion if applicants do not closely map their circumstances to the schedule. The schedule also charges a lower fee for institutions based outside Tasmania that have their own ethics committee (90 fee units, Schedule 1 item 4). Misclassification could therefore lead to an incorrect fee being tendered and an application being treated as non-compliant (regulation 10; Schedule 1).
Default infringement penalty may be displaced. Regulation 9 sets a default of 2 penalty units for infringement notices unless otherwise prescribed. If another regulation or instrument prescribes a different amount for a given offence, that amount will apply instead, so practitioners should not assume all infringement notices will carry only 2 penalty units solely because of reg 9.
The prohibition on pulsed, low-frequency electrical current is method-specific. Regulation 8 forbids restraining an animal by using a pulsed, low-frequency electrical current. Because the prohibition is directed at a specific technology or technique, alternative restraint methods are not covered by this regulation and may be permissible or regulated elsewhere. The regulation’s veterinary exception (reg 8(2)) is limited to a veterinary surgeon acting in that capacity.
Rescission of prior regulations may remove transitional arrangements. Regulation 11 rescinds the earlier Animal Welfare (General) Regulations 2023 (No. 41 of 2023). The new instrument does not record transitional arrangements for licences, approvals or ongoing activities that were governed by the prior instrument. Parties relying on continuity of regulatory treatment should verify whether administrative arrangements or separate transitional rules accompany the change (regulation 11; Schedule 2).
In short, the tight wording of exceptions, the inspectorial determination power, the method-specific prohibitions and a fee schedule tied to institutional attributes are the primary areas likely to produce compliance pitfalls if not carefully navigated.
How to comply
The regulations set a small number of concrete compliance steps and document-sensitive checks. Below are practical, source-grounded actions that regulated parties should take.
Map activities to Part 4 coverage for cephalopods
If your operations involve cephalopods, treat them as “animals” for the purposes of Part 4 (regulation 4). Identify what Part 4 requires (licences, approvals, record-keeping, welfare standards) under the Act and implement any Part 4-specific procedures for cephalopods accordingly. Do not assume cephalopods are covered across the whole Act,regulation 4 is limited to Part 4.
Review research procedures and engage with inspectors early
Regulation 7 gives inspectors the explicit power to determine whether a procedure is “animal research” for the exercise of any function or power under the Act. To avoid an adverse classification or to prepare for such a determination, document the nature of each procedure (tests, experiments, enquiries, studies) and how it is designed and supervised (regulation 7(1)-(2)). Keep clear records, protocols, and ethical committee approvals where relevant so you can substantiate your position if an inspector queries the classification.
Verify licensing needs and pay the correct fees at application time
If you require a licence to carry out animal research, note that regulation 10 and Schedule 1 require the fee specified in Schedule 1 to be paid both for the application and for each year of the licence, with payment due at the time of application (regulation 10). Work through Schedule 1 to identify the correct fee-unit category for your institution: location, employee count, number of project proposals per year, and whether you have your own Animal Experimentation Ethics Committee affect the fee units (Schedule 1). Charitable, not-for-profit institutions listed in item 7 are charged 0 fee units (Schedule 1 item 7).
Avoid prescribed acts and respect the veterinary exceptions
Ensure staff and contractors do not carry out the listed prescribed acts in regulation 6(2): strangling with a device or by other means, docking a dog’s tail (or causing/permitting such docking). If a therapeutic docking is required, ensure it is carried out by a veterinary surgeon using anaesthesia and that the purpose is therapeutic (treatment of disease or medical condition as defined in regulation 6(1)). Keep clinical records demonstrating therapeutic necessity and use of anaesthesia to evidence reliance on the exception (regulation 6(1), (2), (3), (4)).
Do not restrain animals using pulsed, low-frequency electrical current unless a veterinary surgeon is acting in that capacity; the prohibition attracts a fine not exceeding 50 penalty units (regulation 8(1)-(2)). Maintain clear policies and training on permissible restraint methods.
Apply and document compliance with the prescribed rodeo Code
Where the Act requires compliance with a prescribed Code of Practice for rodeos, use the NCCAW Standards (NCCAW Standards for the Care and Treatment of Rodeo Livestock, published 10 June 2006) as the reference text, including any subsequent amendments or substituted versions (regulation 5). Maintain records showing alignment with the Standards and any steps taken to implement or monitor compliance.
Prepare for enforcement outcomes and infringement notices
Be aware that infringement notices under section 43A of the Act generally carry a prescribed penalty of 2 penalty units under regulation 9 unless another amount is specified elsewhere (regulation 9). Keep compliance documentation and timely responses ready in case of inspection or notification. For the pulsed low-frequency prohibition, note the higher fine ceiling (up to 50 penalty units) and plan operations to avoid exposure to that sanction (regulation 8(1)).
Track regulatory changes and the rescission of prior regulations
Regulation 11 rescinds the Animal Welfare (General) Regulations 2023 (No. 41 of 2023) (regulation 11; Schedule 2). Verify whether any administrative transitional arrangements exist with the Department of Natural Resources and Environment Tasmania, which administers the regulations as stated in the instrument’s footer, and update any internal compliance materials to reflect the new regulatory text.
Maintain transparent institutional governance for research
Given that Schedule 1 discounts fees where institutions have their own Animal Experimentation Ethics Committee (Schedule 1 item 4) and where charities may be exempt from fees (Schedule 1 item 7), institutions should document their governance structures and establish or evidence the existence of an appropriate Ethics Committee if they seek the lower fee or a fee exemption. Ensure the committee’s terms of reference and membership meet any statutory or administrative requirements that will be examined as part of a licence application.
Keep contemporaneous records to meet proof burdens
Because several exemptions and compliance assessments are factual (therapeutic purpose, use of anaesthesia, veterinary practice, inspector’s classification), maintaining contemporaneous clinical records, procedural protocols, ethical approvals, training logs and equipment specifications will be essential to substantiate compliance.
Seek clarification early where boundaries are uncertain
When novel techniques (for example, new restraint technologies) or borderline research designs are proposed, engage with inspectors and the administering department early to obtain guidance consistent with regulation 7’s focus. That approach reduces the risk that an activity will be classified retrospectively as animal research or be treated as a prescribed act of cruelty.
These steps reflect the text’s prescriptions and the practical choices those prescriptions require: identify the regulatory category that applies to your activity, document the factual predicates for any exceptions, pay the correct fee at application time, and avoid method-specific prohibitions unless operating under an express veterinary exception.
(2) For the purposes of section 8(2)(k) of the Act, the following are prescribed acts:
(a) the strangling of an animal with a device or by other means;
(b) the docking of all, or part, of the tail of a dog;
(c) causing or permitting the docking of all, or part, of the tail of a dog.
(3) Subregulation (2)(b) does not apply to a veterinary surgeon who, using anaesthesia in respect of a dog, docks all, or part, of the tail of the dog for therapeutic purposes.
(4) Subregulation (2)(c) does not apply to a person who causes or permits a veterinary surgeon to, using anaesthesia in respect of a dog, dock all, or part, of the tail of the dog for therapeutic purposes.
7 Inspector may determine if procedure is animal research
7 Inspector may determine if procedure is animal research
(1) In this regulation –
procedure, in relation to an animal, includes a test, experiment, inquiry and study, performed on the animal.
(2) For the purposes of performing any function or exercising any power under the Act, an inspector may determine whether or not a procedure performed on an animal is animal research for the purposes of the Act.
8 Use of electrical current
8 Use of electrical current
(1) A person must not restrain an animal by using a pulsed, low-frequency electrical current.
Penalty: Fine not exceeding 50 penalty units.
(2) Subregulation (1) does not apply to a veterinary surgeon acting in that capacity.
Part 3 Miscellaneous
Part 3 Miscellaneous
9 Prescribed penalties for infringement notices
9 Prescribed penalties for infringement notices
Unless otherwise prescribed, the prescribed penalty for an offence specified in an infringement notice served on a person in accordance with section 43A of the Act is 2 penalty units.
10 Licence application fees
10 Licence application fees
The fees specified in Schedule 1 –
(a) are payable –
(i) in respect of an application for a licence to carry out animal research; and
(ii) for each year of that licence; and
(b) must be paid at the time of application for a licence to carry out animal research.
11 Legislation rescinded
11 Legislation rescinded
The legislation specified in Schedule 2 is rescinded.
SCHEDULE 1 - Fees SCHEDULE 1 - Fees
SCHEDULE 1 - Fees SCHEDULE 1 - Fees
Regulation 10
| | Applicant | Fee units |
| 1. | Institutions based in Tasmania – | 180 |
| | (a) employing not more than 3 persons; and | |
| | (b) having not more than 4 animal research project proposals each year | |
| 2. | Institutions based in Tasmania employing 4 or more persons | 360 |
| 3. | Institutions based in Tasmania with 5 or more animal research project proposals each year | 360 |
| 4. | Institutions based outside of Tasmania with own Animal Experimentation Ethics Committee | 90 |
| 5. | Institutions based outside of Tasmania – | 180 |
| | (a) without own Animal Experimentation Ethics Committee; and | |
| | (b) having not more than 4 animal research project proposals each year | |
| 6. | Institutions based outside of Tasmania – | 180 |
| | (a) without own Animal Experimentation Ethics Committee; and | |
| | (b) having 5 or more animal research project proposals each year | |
| 7. | Institutions established solely for charitable purposes and not for profit or gain | 0 |