Part 2Animal welfare offences

Part 2—Animal welfare offences 6—Ill treatment of animals (1) For the purposes of section 13 of the Act, a person ill treats an animal if— (a) except where a veterinary surgeon has certified in writing that any of the following procedures is necessary for the control of disease—the person— (i) surgically reduces the ability of an animal to produce a vocal sound; or (ii) docks the tail of a dog; or (iii) crops an animal's ear; or (iv) docks or nicks a horse's tail or docks the tail of cattle or buffalo; or (b) the person— (i) traps an animal in a trap that has been set in contravention of regulation 9; or (ii) catches a bird by using a gel that has been applied in contravention of regulation 10. (2) However, a person who is a veterinary surgeon may— (a) surgically reduce the ability of an animal to produce a vocal sound if satisfied that— (i) the procedure is required for therapeutic purposes; or (ii) there is no other reasonably practicable means of preventing the animal from causing a nuisance by creating noise; or (b) if satisfied the procedure is required for therapeutic purposes— (i) dock a dog's tail; or (ii) dock, or authorise another person to dock, the tail of cattle; or (c) if satisfied the procedure is required for therapeutic purposes, crop an animal's ear. 7—Use of electroimmobilisers (1) For the purposes of section 15 of the Act, a person must not apply an electroimmobiliser to an animal unless— (a) the animal is— (i) a class 1 animal (other than cattle under the age of 6 months); or (ii) a class 2, class 3 or class 4 animal; and (b) the electroimmobiliser is a device of a kind approved by the Minister as an authorised electroimmobiliser under this regulation; and (c) the electroimmobiliser— (i) is used only for the purpose of restraining the animal for as short a time as is practicable while a husbandry procedure is carried out on the animal; and (ii) is not used on the animal as an alternative method for relieving pain; and (d) — (i) the person using the electroimmobiliser is the holder of a certificate issued under this regulation for the relevant class of animal or is acting under the direct supervision of a person who holds such a certificate; or (ii) the electroimmobiliser was acquired before 11 July 1996 by the person using it or by the person under whose direct supervision it is being used. (2) Subregulation (1) does not apply to a person who is using an electroimmobiliser for the purposes of carrying out research into the use of electroimmobilisers as part of a research program approved by an animal ethics committee, if that person is the holder of a certificate issued under this regulation (for any class of animal) or is acting under the direct supervision of a person who holds such a certificate. (3) If a person sells, leases, hires out, gives or lends an electroimmobiliser to another person without that other person first producing an apparently genuine certificate issued in his or her name under this regulation, each party to the transaction is guilty of an offence. (4) For the purposes of this regulation, the Minister may— (a) on the recommendation of the Animal Welfare Advisory Committee—approve a device of a specified kind as an authorised electroimmobiliser; and (b) approve a person to conduct an approved course of training in the proper use of an electroimmobiliser who may issue a certificate (in a form approved by the Minister) to another person certifying that the other person has satisfactorily completed such a course in respect of a specified class of animals (being class 1, 2, 3 or 4 animals). (5) An approval under subregulation (4)— (a) may be subject to conditions; and (b) may be varied or revoked by the Minister at any time (but in the case of an approval of a device only on the recommendation of the Animal Welfare Advisory Committee). (6) In this regulation— class 1 animal means cattle or buffalo; class 2 animal means an alpaca, llama, deer or camel; class 3 animal means a goat or a sheep; class 4 animal means an ostrich or emu. 8—Use of certain other electrical devices (1) For the purposes of section 15 of the Act, a person must not— (a) use an electrical device that is capable of producing an electrical stimulus to an animal— (i) unless it is for the purpose of carrying out research into the use of such a device as part of a research program approved by an animal ethics committee; or (ii) otherwise than in accordance with regulation 8A; or (b) subject to these regulations, apply an electrical prod or goad to an animal. (2) A person may only apply an electrical prod or goad to an animal in the following circumstances: (a) if the animal is to be used or is being used in a rodeo event and the prod or goad complies with, and is applied to the animal in accordance with, Part 4; (b) if the animal is a pig that is being kept in the course of the business of a piggery and— (i) the pig weighs 60 kilograms or more; and (ii) the pig is being loaded onto or unloaded from a vehicle for the purposes of being transported to or from the piggery; and (iii) the prod or goad is not applied to the face, udders, anus or genitals of the animal; and (iv) the pig is able to move away from the prod or goad; and (v) the prod or goad is applied as sparingly as possible and (in any event) with restraint; and (vi) the use of the prod or goad is reasonably required to ensure the safety of the person transporting the pig; (c) in any other case— (i) the animal is a prescribed animal; and (ii) the animal is over 3 months of age; and (iii) the prod or goad is not applied to the face, udders, anus or genitals of the animal; and (iv) the animal is able to move away from the prod or goad; and (v) the prod or goad is applied as sparingly as possible and (in any event) with restraint. (3) In this regulation— prescribed animal means— (a) cattle or buffalo; or (b) a camel; or (c) a goat, other than a goat known or visually assessed to be pregnant; or (d) a deer; or (e) a sheep; or (f) a pig (other than a pig referred to in subregulation (2)(b)). 8A—Virtual fencing systems (1) A person may only use a device that is capable of producing an electrical stimulus to a designated animal if— (a) the electrical stimulus is delivered in connection with a virtual fencing system approved by the Minister that— (i) is appropriate to the type or kind of designated animal intended to be contained by the system; and (ii) is capable of recording and retaining information and providing information to users of the system (such as, for example, alerts if the system is malfunctioning or if the system detects possible harm to an animal) (system communications) in accordance with any conditions of the approval; and (iii) is designed and operates— (A) to contain an animal in a designated area; and (B) to allow an animal— • to move into a designated area; and • once the animal is within the designated area—to move freely in any direction within the designated area, without receiving an electrical stimulus; and (C) before any electrical stimulus is applied to an animal— • to give the animal an audio warning or a warning by means of a vibration applied to the animal (or both); and • to allow sufficient time to enable the animal to move away from the virtual boundary; and (iv) does not allow a person to— (A) manually apply an electrical stimulus to an animal; or (B) deliver an electrical stimulus to an animal that does not comply with requirements determined by the Minister by notice in the Gazette (whether for virtual fencing systems generally or for a particular type, or class, of virtual fencing system); and (v) allows a person to permanently or temporarily deactivate a device to prevent harm to an animal; and (b) the person— (i) has completed a course of training provided by the holder of the approval or is under the direct supervision of a person who has completed a course of training provided by the holder of the approval; and (ii) is using the device for the purpose for which it was designed and is operating it in accordance with the training provided by the holder of the approval; and (iii) is not using the device for herding designated animals by means of applying the electrical stimulus unless— (A) the movement of virtual boundaries occurs gradually and allows sufficient time to enable the animals to react; and (B) the animals are not required to move at a pace faster than their normal walking pace; and (C) no single animal is intentionally separated from the herd by means of applying the electrical stimulus; and (iv) is not using the device on a designated animal of or under— (A) 6 months of age; or (B) the age specified by the holder of the approval, whichever is greater; and (v) is only using the device on a designated animal that— (A) has undergone system training for— • a period of 3 days; or • the period specified by the holder of the approval, whichever is greater; and (B) has, within the period of the system training, learnt to respond appropriately to the electrical stimuli produced by the device; and (vi) is not using the device on an animal that is fitted with another relevant device; and (vii) checks the device at regular intervals to ensure the device— (A) is maintained in good working order; and (B) fits the animal properly; and (C) is not causing harm to the animal; and (viii) has arrangements in place to monitor system communications and to ensure that a device that is not operating in accordance with the requirements of this regulation or that is causing harm to an animal can be removed from the animal or otherwise rectified as soon as reasonably practicable. (2) The Minister may, on application by a manufacturer or supplier of virtual fencing systems and payment of the prescribed fee, by written notice to the manufacturer or supplier (as the case may be), approve a virtual fencing system that is commercially available (or that will, if approved, be commercially available) for the purposes of subregulation (1). (3) An application for approval under subregulation (2) must— (a) be made in a manner and form determined by the Minister; and (b) be accompanied by such information or documents as may be required by the Minister. (4) An approval under subregulation (2)— (a) remains in force for such period (not exceeding 3 years) as is specified in the notice and may, on application made in a manner and form determined by the Minister and payment of the prescribed fee, be renewed; and (b) is subject to the following conditions: (i) a condition requiring the holder of the approval to notify the Minister of any significant change, or planned significant change, to the operation of the virtual fencing system that differs from the approval criteria; (ii) a condition requiring the holder of the approval to, on the request of the Minister, provide a report or supply specified records to the Minister; (iii) a condition requiring the holder of the approval to provide training to a user of the system (including training in relation to how to identify and manage any animal welfare risks associated with the system) and to keep records of such training in accordance with any directions of the Minister; and (c) may be subject to such other conditions as the Minister thinks fit and specifies in the notice; and (d) may, with the approval of the Minister, be transferred; and (e) may be varied, suspended or revoked by the Minister at any time by subsequent written notice to the holder of the approval (because the holder of the approval has committed an offence or for any other reason the Minister thinks fit). (5) If an approval of a virtual fencing system is varied, suspended or revoked under subregulation (4)(e), the holder of the approval must notify each person using the virtual fencing system of the variation, suspension or revocation as soon as reasonably practicable. (6) If a holder of an approval contravenes any conditions of the approval, the holder of the approval is guilty of an offence. (7) If a person, other than the holder of the approval, sells, leases or supplies a virtual fencing system approved by the Minister under this regulation to another (the recipient), the person must— (a) provide the following information to the holder of the approval of the virtual fencing system: (i) the full name, address and telephone number of the recipient; (ii) the address of the recipient's property where the system is intended to be used; (iii) the date of the sale, lease or supply of the system; and (b) inform the recipient of the training requirements for the system; and (c) provide the recipient with the name and contact details of the holder of the approval. (8) A person who— (a) sells, leases or supplies a virtual fencing system that is not approved by the Minister; or (b) sells, leases or supplies a virtual fencing system in contravention of subregulation (7), is guilty of an offence. (9) A person who interferes or tampers with any device or other part of an approved virtual fencing system in a way that may result in— (a) the device or system recording false or misleading information; or (b) harm to an animal, is guilty of an offence. (10) In this regulation— approval—see subregulation (2); designated animal means— (a) cattle; or (b) any other animal of a kind determined by the Minister by notice in the Gazette for the purposes of this definition; relevant device means— (a) a device that is capable of producing an electrical stimulus; or (b) any other form of electrical device or collar, but does not include a device of a kind declared by the Minister, by notice in the Gazette, to not constitute a relevant device for the purposes of this regulation. 9—Use of traps prohibited in certain circumstances (1) Subject to this regulation, a person must not set a jawed leg hold trap for an animal other than for a wild or feral dog, a feral cat, a fox or a rabbit. (2) A person must not set a jawed leg hold trap for a wild or feral dog unless— (a) the trap is set on land outside the area of a municipal council; and (b) the trap is set on land that is inside, or not more than 100 metres outside, that part of the State bounded by the dog fence established under the Dog Fence Act 1946, the eastern border of the State and the coast of the State; and (c) the jaws of the trap— (ii) are offset so that there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed; and (iii) are padded with rubber pads; and (iv) are treated with an agricultural chemical product approved by the Minister sufficient to ensure a rapid death for any animal caught in the trap. (2a) A person must not set a jawed leg hold trap for a feral cat unless— (a) use of the trap is reasonably required for the purposes of— (i) a threatened species recovery program, or a research program related to feral cat management, approved by an animal ethics committee; or (ii) a native fauna conservation program approved by the Minister; and (b) — (i) the trap is set on land that is not less than 1 km from the nearest residential premises; or (ii) the person has the written permission of the owner of land on which the trap is set to set, check and reset the trap on the day specified in the written permission; and (c) the trap is monitored every day; and (d) any animal caught in the trap is treated and released, or killed, as soon as is reasonably practicable after being caught; and (e) the jaws of the trap— (ii) are offset so that there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed; and (iii) are padded with rubber pads. (3) A person must not set a jawed leg hold trap for a fox or a rabbit unless— (a) the trap is set on land outside the area of a municipal council; and (b) the jaws of the trap— (ii) are offset so that there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed; and (iii) are padded with rubber pads; and (c) the trap is monitored every day. (4) A person must not set a body grip trap unless— (a) the trap is set on land that is not within the area of a municipal council; and (b) the trap is set for a rabbit or rat; and (c) the trap is set in a natural or artificial tunnel or burrow for a rabbit or rat; and (d) the external frame of the trap does not exceed 14 centimetres by 14 centimetres. (5) This regulation does not apply to— (a) the setting of a body grip trap to control vermin or exotic animals in a reserve within the meaning of the National Parks and Wildlife Act 1972; or (b) the setting of a body grip trap with a single jaw for a mouse or rat; or (c) the setting of a trap for the purposes of carrying out research as part of a research program approved by an animal ethics committee if the jaws of the trap are sufficiently padded, or the trap has been otherwise modified, so that any animal caught in the trap is unlikely to suffer significant injury. 10—Use of gel to catch or deter birds prohibited A person must not apply a silicon gel to any tree, plant, building or other structure or thing for the purpose of catching birds or deterring birds from perching on it.