42Regulations

42 Regulations (1) The Governor in Council may make regulations for or with respect to any of the following matters— S. 42(1)(a) amended by Nos 77/1995 s. 34(a), 71/2014 s. 11(1), 60/2015 s. 51(1). (a) prescribing forms (including the form of an identification certificate of a POCTA inspector or an authorised officer and the form of orders to be issued by authorised officers requiring the destruction, treatment, housing or feeding of any animal); S. 42(1)(b) substituted by No. 65/2007 s. 108(1)(a). (b) traps, including but not limited to the following— (i) the nature, dimensions and features of traps; (ii) the use of traps; (iii) the purposes for which and the places in which traps may be used; (c) the conditions under which animals may be kept in captivity, including the sizes of enclosures and cages; S. 42(1)(d) amended by No. 69/2004 s. 49(5), substituted by No. 65/2007 s. 108(1)(b). (d) rodeo licences, rodeo school permits and rodeo permits, including, but not limited to— (i) granting or issuing licences or permits; or (ii) conditions on licences or permits; or (iii) applications for licences or permits; S. 42(1)(da) inserted by No. 65/2007 s. 108(1)(b). (da) the conduct of rodeos or the operation of rodeo schools, including, but not limited to obligations imposed on persons who— (i) participate in; or (ii) conduct or operate; or (iii) assist in the conduct or operation of; or (iv) are otherwise involved in— rodeos or rodeo schools; S. 42(1)(e) substituted by No. 103/2003 s. 44(1)(a). (e) applications for and the grant of licences under Part 3, including requirements to be satisfied before the grant of such licences; S. 42(1)(ea) inserted by No. 103/2003 s. 44(1)(a). (ea) standards for— (i) facilities and equipment at; and (ii) scientific procedures to be carried out at— any premises to which a licence granted under Part 3 applies; and S. 42(1)(eb) inserted by No. 103/2003 s. 44(1)(a). (eb) conditions on licences granted under Part 3; S. 42(1)(f) amended by Nos 77/1995 s. 34(b), 76/1998 s. 27(b). (f) the particulars to be contained in any records, reports or returns for the purposes of this Act and the intervals at which a copy of any such record, report or return must be sent to the Department Head; S. 42(1)(g) amended by No. 103/2003 s. 44(1)(b). (g) regulating the lighting, ventilation, air temperature, cleaning, drainage, water supply, maintenance and management of any premises to which a licence granted under Part 3 applies and the cleansing and maintenance of all fixtures, appliances, instruments and utensils at or any other things connected or used with those things at any premises to which a licence granted under Part 3 applies; S. 42(1)(h) substituted by No. 103/2003 s. 44(1)(c). (h) the minimum requirements for the training, experience and academic qualifications of a person in charge of any premises to which a licence granted under Part 3 applies; S. 42(1)(i) repealed by No. 65/1994 s. 5(6). S. 42(1)(j) substituted by No. 103/2003 s. 44(1)(d), repealed by No. 65/2007 s. 108(1)(c). S. 42(1)(k) substituted by No. 103/2003 s. 44(1)(e). (k) membership of animal ethics committees and the operation of such committees; S. 42(1)(l) amended by No. 103/2003 s. 44(1)(f). (l) prohibiting absolutely or in part certain scientific procedures or imposing conditions on or regulating the carrying out of the whole or part of any such procedures; S. 42(1)(m) amended by No. 103/2003 s. 44(1)(g). (m) prescribing— (i) purposes for the purposes of paragraph (f); and (ii) any or any type of procedure, test, experiment, inquiry, investigation or study for the purposes of paragraph (j)— of the definition of ***scientific procedure*** in section 3; S. 42(1)(n) repealed by No. 103/2003 s. 44(1)(h). S. 42(1)(na) inserted by No. 83/2001 s. 8, substituted by No. 103/2003 s. 44(2). (na) prohibiting or regulating— (i) any medical or veterinary procedure conducted on animals; or (ii) any method of capture of animals; or (iii) any method or procedure of transport of animals— that may cause injury, suffering or distress to animals; S. 42(1)(nb) inserted by No. 83/2001 s. 8, substituted by No. 103/2003 s. 44(2), amended by No. 60/2015 s. 51(2). (nb) prohibiting or regulating the possession or use of any implement, equipment, device or thing that may cause injury, suffering or distress in an animal; S. 42(1)(nc) inserted by No. 83/2001 s. 8, repealed by No. 103/2003 s. 44(2) new s. 42(1)(nc) inserted by No. 60/2015 s. 51(3). (nc) fees for the grant, issue or renewal of licences or permits under this Act, which may include fees— (i) for the cost of administration of licences or permits; and (ii) for the provision of services in relation to licences or permits; and (iii) for the performing of functions or the carrying out of duties in relation to licences or permits; S. 42(1)(nd) inserted by No. 60/2015 s. 51(3). (nd) fees— (i) for the carrying out of entries and searches under section 36A for the purpose of preparing compliance reports; and (ii) for the preparation of compliance reports; S. 42(1)(ne) inserted by No. 60/2015 s. 51(3). (ne) fees for anything else done under this Act or the regulations; (o) generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstance; and S. 42(2)(c) amended by Nos 103/2003 s. 44(3), 65/2007 s. 108(2). (c) may impose penalties not exceeding 20 penalty units for a contravention of or an offence under the regulations; and (d) may apply, adopt or incorporate (with or without modification)— (i) the provisions of any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether as formulated, issued, prescribed or published at the time the regulations are made, or at any time before then; or (ii) the provisions of any Act of the Commonwealth or of another State or of a Territory or the provisions of any subordinate instrument under any such Act, whether as in force at a particular time or from time to time; and (e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister; and S. 42(2)(f) amended by No. 71/2014 s. 11(2). (f) may confer powers or impose duties in connection with the regulations on the Minister. S. 42(2A) inserted by No. 60/2015 s. 51(4). (2A) As to fees under subsections (1)(nc), (nd) and (ne), the regulations may provide for— (a) maximum or minimum fees or no fee in different cases or different classes of case; and (b) different fees for different cases or different classes of case; and (c) pro rata fees; and (d) a method of determining any fee or class of fee, whether by prescribed hourly rates or otherwise. (3) The regulations do not apply to any act or practice with respect to the farming, transport, sale or killing of any farm animal if that act or practice is carried out in accordance with a Code of Practice. Pt 5 (Heading and s. 43) inserted by No. 11/2000 s. 6.