Prevention of Cruelty to Animals Regulations 2019

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to provide for procedures conducted on animals, devices used on animals, implements and methods of capture of animals, transport of animals, restraint of animals and other related matters; and

(b) to prescribe conditions for rodeo licences, rodeo permits and rodeo school permits; and

(c) to provide for persons operating, participating in or otherwise involved in rodeos and rodeo schools; and

(d) to prescribe conditions and standards for scientific procedures using animals and breeding; and

(e) to prescribe forms, fees and other matters authorised by the Prevention of Cruelty to Animals Act 1986.

2 Authorising provision

These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986.

3 Commencement

(1) These Regulations (other than regulations 8(2) and 13) come into operation on 14 December 2019.

(2) Regulation 8(2) comes into operation on 1 July 2020.

(3) Regulation 13 comes into operation on 1 September 2021.

4 Revocations

The Regulations listed in Schedule 1 are revoked.

5 Definitions

anti-bark collar means an electronic collar designed to modify barking behaviour in dogs and that is activated by a dog's bark;

Reg. 5 def. of approved electronic collar system inserted by S.R. No. 136/2025 reg. 5(b).

approved electronic collar system means an electronic collar system approved by the Minister under regulation 23C;

Reg. 5 def. of Australian Code substituted by S.R. No. 136/2025 reg. 5(a).

Australian Code means the National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, 8th edition, published on 1 June 2021 by the National Health and Medical Research Council, Canberra;

Australian Pesticides and Veterinary Medicines Authority means the Australian government statutory authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

authorised electronic collar means—

(a) in relation to a dog, any one of the following—

(i) a remote training collar;

(ii) an anti-bark collar;

(iii) a containment collar;

(b) in relation to a cat, a containment collar;

bar, in relation to a horse's mouth, means the gums of a horse between the incisors and the molars;

confinement trap means a trap that uses a cage, bag, fence, yard or container to confine the whole body of one or more animals;

containment collar means an electronic collar that is worn by an animal as part of a containment system;

containment system means a method of containing animals to a specific area through the use of a containment collar which may deliver an electric shock to an animal if it gets too close to the designated boundary;

controlled pest animal means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be a controlled pest animal;

Crown land has the same meaning as in the Conservation, Forests and Lands Act 1987 but does not include land that is subject to a lease or licence for agricultural or grazing purposes under Division 4 of Part I of the Land Act 1958;

declared feral cat means an animal of the species Felis catus declared to be an established pest animal by a feral cat declaration;

declared pest animal means an established pest animal or a restricted pest animal;

electric foot shock apparatus means a device designed to deliver electric shocks of controlled intensity and duration to the foot of an animal under experimental conditions;

electrocution trap means a trap that is designed to kill an animal by electrocution;

electrofish means to use a device that imparts an electric current into water to stun or kill a fish before it is caught;

electronic collar means an animal collar that is designed to be capable of imparting an electric shock to an animal;

Reg. 5 def. of electronic collar system inserted by S.R. No. 136/2025 reg. 5(b).

electronic collar system means a system manufactured for use on cattle that is one or both of the following—

(a) a containment system;

(b) a herding system;

established pest animal means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be an established pest animal;

feral cat declaration means a declaration under Part 8 of the Catchment and Land Protection Act 1994 declaring the feral or wild population of the cat (Felis catus) to be an established pest animal on specified Crown Land;

glue trap means a trap that uses glue, adhesive material or any similar viscid substance as the mode of capture to trap an animal or insect;

Reg. 5 def. of herding system inserted by S.R. No. 136/2025 reg. 5(b).

herding system means a method of moving animals from one location to another through the use of an electronic collar which may deliver an electric shock to an animal if the animal does not move in a desired direction;

humanely destroy, in relation to an animal, means causing the death of an animal by a means that results in immediate loss of consciousness and then death of the animal (without recovering consciousness);

jaw spread, in relation to a leghold trap, means the maximum distance between the internal surface of both jaws, when measured perpendicular to a line drawn through the jaw pivot points when the trap is in the set position;

kill trap means a trap designed to kill a trapped animal;

Laboratory Animals Code of Practice means the Code of Practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits made by the Governor in Council on 12 October 2004 and published in Government Gazette G51 on 16 December 2004 at pages 3419–3461;

Land Transport Standard means the Australian Animal Welfare Standards and Guidelines— Land Transport of Livestock Edition 1, published by Animal Health Australia 2012, Canberra;

large leghold trap means a jawed spring-operated trap, designed to capture an animal by the foot or leg with a jaw spread between 10·1 centimetres and 15·5 centimetres;

lethal trap device means a device attached to a trap that contains a lethal substance for the purposes of causing the rapid death of trapped target animals through ingestion of the substance;

livestock has the same meaning as in the Land Transport Standard;

mules has the same meaning as in the Australian Animal Welfare Standards and Guidelines for Sheep Edition 1, published by Animal Health Australia 2014, Canberra;

net trap means a trap made of netting that is used for the purposes of either catching or holding, or both catching and holding, an animal;

non-human hominid means a non-human member of the family Hominidae, being a gorilla, chimpanzee, bonobo or an orangutan;

non-kill snare means an anchored cable or wire noose that is designed to catch an animal by the body, neck or limb that tightens around the animal to restrain it without killing it;

noxious aquatic species means a noxious aquatic species declared under section 75 of the Fisheries Act 1995;

Oxy-LPG pest control device means a gas explosive device capable of pumping a propane and oxygen mixture into burrows and tunnels, resulting in an underground blast-wave with the intent of collapsing the burrow or warren;

padded, in relation to a leghold trap, means that rubber pads have been added to the surface of the jaws for the purposes of cushioning the impact of the jaws;

pan tension, in relation to a leghold trap or non-kill snare trap, means tension applied to the pan of a leghold trap or non-kill snare that is capable of being adjusted so that a certain weight is required to depress the pan and trigger the trap or snare;

pronged collar means a collar designed for use on dogs that consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the dog's neck so that, when the collar is tightened, it pinches the skin around the dog's neck;

qualified dog trainer means a person who has completed a qualification approved by the Minister, and published in the Government Gazette, relating to the training of dogs;

regulated pest animal means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be a regulated pest animal;

remote training collar means an electronic collar that is designed to be worn by an animal to assist in the modification of the animal's behaviour and that is activated by a person through a transmitter;

restricted pest animal has the same meaning as in the Catchment and Land Protection Act 1994;

rodent means a mouse of the species Mus musculus or a rat of the species Rattus norvegicus or Rattus rattus;

rodent kill trap means a kill trap designed to kill a rodent;

small leghold trap means a jawed spring-operated trap, designed to capture an animal by the foot or leg with a jaw spread of 10 centimetres or less;

the Act means the Prevention of Cruelty to Animals Act 1986;

unincorporated area means—

(a) French Island; or

(b) Sandstone Island (incorporating Elizabeth Island); or

(c) Gabo Island; or

(d) Lady Julia Percy Island; or

(e) an alpine resort with the meaning of the Alpine Resorts (Management) Act 1997;

urban area means an area of land that is predominantly—

(a) subdivided into allotments that, in the case of land used or to be used for residential purposes, are not larger than 0⋅4 hectares; and

(b) able to be used or developed under a planning scheme or interim development order for residential, industrial or commercial purposes; and

(c) provided with constructed streets and public utility services;

Victorian Code of Practice for Training Dogs and Cats to Wear Electronic Collars means the Code of Practice made under section 7 of the Act and published in Government Gazette G48 on 1 December 2011 at pages 2853 to 2860;

wild dog means an animal of the species Canis familiaris that is declared to be an established pest animal under Part 8 of the Catchment and Land Protection Act 1994;

wildlife has the same meaning as in the Wildlife Act 1975.

Part 2—Protection of animals

Division 1—General requirements

6 Transportation of animals

(1) A person must not place or transport an animal in the boot of a sedan motor vehicle.

(2) A person must not leave an animal unattended inside a motor vehicle for more than 10 minutes when outside temperatures are at or above 28 degrees Celsius.

(3) Subregulation (2) does not apply—

(a) to a person who leaves a farm animal or livestock in the livestock crate of a livestock transport vehicle; or

(b) to a POCTA inspector or an authorised officer within the meaning of the Domestic Animals Act 1994 who leaves an animal in an animal transport vehicle operated by that inspector or officer if—

(i) the temperature inside the vehicle is maintained at or below 28 degrees Celsius; and

(ii) the animal has access to water at all times.

(4) A person must not secure a dog on a metal tray of a motor vehicle or trailer when outside temperatures are at or above 28 degrees Celsius without the dog having access to an area of insulating material protecting the dog from contact with the metal surface.

(5) A person transporting a farm animal or livestock must ensure that the farm animal or livestock is provided with access to water before the maximum time off water specified in the Land Transport Standard for that species or type of farm animal or livestock has expired.

(6) A person must not transport a farm animal or livestock, other than poultry, that is not able to walk on its own by bearing weight on all legs unless—

(a) the animal is accompanied by a veterinarian or written veterinary advice that states that the animal is fit for transport; or

(b) the animal is accompanied by written veterinary advice that specifies conditions that must be complied with in order to manage the animal welfare risks associated with the transport and the person transporting the animal complies with conditions; or

(c) the animal is being transported for medical veterinary or other appropriate treatment within the property at which the animal resides or to another property that is less than 50 km from the property at which the animal resides.

(7) A person must not transport a farm animal or livestock in a passenger vehicle unless—

(a) it is transported in a cage or the cargo section (excluding a sedan boot); and

(b) the animal is able to stand upright without any part of the animal coming into contact with the roof, the ceiling or cover of the cage or cargo section of the motor vehicle; and

(c) if transported in the cargo section, there is a barrier that prevents the animal from moving into the seating area of the vehicle.

7 Tethered animals

(1) A person must not tether an animal, using a fixed tether, or running tether, unless—

(a) the animal has access to water at all times; and

(b) the animal is able to exercise daily off the tether; and

(c) the animal is able to lie down and stand up without restriction; and

(d) the animal is tethered by a collar or halter which is attached to the tether by a swivel; and

(e) the animal is checked at least twice daily; and

(f) the animal has access to physical shelter at all times; and

(g) if herbivorous, the animal is able to graze or browse freely.

(2) Subregulation (1)(f) does not apply if the animal is tethered for no more than 2 hours per day and is under supervision of a person.

(3) For the purposes of subregulation (1)(f), in the case of a tethered animal that is a bovine or equid, physical shelter may include shade or protection from a tree.

(4) Subregulation (1)(a) and (g) do not apply if the animal—

(a) is tethered for the purposes of exhibition as part of an event such as an agricultural show; and

(b) is provided with food and water at least twice daily.

(5) This regulation does not apply in circumstances where the tethering of an animal has been otherwise approved as part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

8 Sheep

(1) A person must not allow the fleece of a sheep to grow to a length greater than twice the average annual growth for the breed of sheep or more than 250 mm (whichever is shorter).

(2) A person must not mules a sheep unless the sheep is administered with a pain relief product that has been registered for use on sheep by the Australian Pesticides and Veterinary Medicines Authority.

9 Possession of animal for fighting and use of fighting implements

(1) A person must not possess or use a dog fighting implement or cock fighting implement.

(2) Subregulation (1) does not apply to—

(a) a person who possesses a dog fighting implement or a cock fighting implement solely for the purposes of displaying it in a museum that is open to the general public; or

(b) a POCTA inspector, for the purposes of exercising the inspector's role under the Act or these Regulations.

(3) A person must not possess an animal with the intention of causing that animal to fight.

(4) In this regulation, dog fighting implement or cock fighting implement includes but is not limited to the following—

(a) dog fighting rings or cock fighting rings;

(b) drugs or other items used to improve the fighting performance of a dog or cock.

10 Use of twisted mouthpieces

A person must not use a mouthpiece on a horse if the mouthpiece is of a design that is twisted at the point where the mouthpiece is in contact with the bar of the horse's mouth.

11 Pronged collars prohibited

A person must not use a pronged collar on any animal.

12 Conditions of use of Oxy-LPG pest-control devices

A person must not use an Oxy-LPG pest-control device unless the person has made all reasonable efforts to empty the burrow or warren of live rabbits using other methods.

Division 2—Sale and use of netting for fruiting plants

13 Selling and use of fruit netting

(1) A person must not use fruit netting for the purposes of covering household fruit-trees, vegetable gardens and other fruiting plants unless it complies with subregulation (3).

(2) A person must not advertise or offer for sale fruit netting for the purpose of covering household fruit trees, vegetable gardens and other fruiting plants, however labelled, unless it complies with subregulation (3).

(3) For the purpose of this regulation, fruit netting must have a mesh-size of 5 mm x 5 mm or less at full stretch.

Division 3—Sale or use of electronic devices

14 Use of certain electronic devices

(1) A person must not use or place on any animal a device that is capable of imparting or is designed to impart an electric current or shock to the animal, whether or not the device is working.

(2) Subregulation (1) does not apply if the use or placement of the device is permitted under regulations 15 to 28.

Reg. 14(2A) inserted by S.R. No. 136/2025 reg. 6.

(2A) Subregulation (1) does not apply to the use of—

(a) an approved electronic collar system, if that use does not contravene regulation 28A; or

(b) an electronic collar system in respect of which approval under regulation 23C has been revoked, if the use occurs—

(i) within 14 days after the person receives written notification under regulation 23K(1) that the approval has been revoked; or

(ii) within 14 days after the person receives written notification under regulation 23K(3)(a) that the approval has been revoked, if no notice was provided under regulation 23K(1); or

(iii) if a person has not received written notification under regulation 23K(1) or (3)(a), within 60 days after the Minister publishes notice of the revocation under regulation 23K(3)(b).

(3) Subregulation (1) does not apply to an electrocution trap that is permitted to be used under Division 6 of Part 3.

15 Use of electronic devices for therapeutic purposes

(1) The Minister may, by notice in the Government Gazette, approve the use on an animal of an electronic device that provides a therapeutic effect to an animal.

(2) An approval of the Minister under this regulation may impose any condition on the use of the approved electronic device in relation to—

(a) the persons or class of persons who are permitted to use the device; or

(b) the manner in which and period for which the device may be used, including commencement and end dates; or

(c) the species of animal, and other characteristics of the animal, that the device may be used to treat; or

(d) any other matter related to protecting the welfare of an animal on which the device is permitted to be used.

(3) A person must only use an electronic device for therapeutic effect on an animal that has been approved by the Minister and in accordance with any conditions of the approval.

(4) A person may apply to the Minister in the approved form for approval to use on an animal an electronic device that has a therapeutic effect on an animal.

(5) An application to the Minister for an approval under this regulation must include—

(a) the name, address, telephone and email contact details of the applicant; and

(b) the name and type of device the approval is sought for; and

(c) evidence of the therapeutic effect from the device; and

(d) details of why the device is needed (such as the conditions which it would be used to treat); and

(e) details of the competency required of the person using the device; and

(f) details of how and on what species of animal the device will be used and any other characteristics of the animals; and

(g) any other details required by the Minister to assess the suitability of the device for approval.

(6) The application must be accompanied by the prescribed fee of 30 fee units.

16 Electric fences

A person may use an electric fence if it complies with the following specifications—

(a) the electric current travels through a wire;

(b) the electric fence is installed so that—

(i) an animal is able to move away and avoid contact with the wire that is carrying the electric current; and

(ii) the electric charge that is imparted to the animal through the wire of the device is not sufficient to harm or kill an animal.

17 Electric bird deterrents

A person may use an electric bird deterrent device if it complies with the following specifications—

(a) the electric current for the device travels through a wire;

(b) the device is installed so that a bird is able to move away and avoid contact with the wire that is carrying the electric current;

(c) the electric charge that is imparted to the bird through the wire of the device is not sufficient to harm or kill a bird.

18 Electric prodders

(1) Subject to subregulations (2) and (3), a person may use or place an electric prodder on—

(a) cattle, goats or sheep; or

(b) buffalo, camel or deer, in a situation where other permitted means of moving the animal have failed; or

(c) pigs in a situation where a person is loading, transporting or unloading pigs and—

(i) other permitted means of moving the animal have failed; and

(ii) the individual pig weighs 60 kg in live weight or more; and

(iii) there is a reasonable risk to the safety of the driver or the pigs; or

(d) regulated pest animals or controlled pest animals, if the use or placement of the electric prodder on those animals has been approved by a veterinary practitioner.

(2) A person may use or place an electric prodder on cattle at a rodeo if the device is—

(a) placed only on the hip or shoulder of the animal; and

(b) not used inside the rodeo arena or training area of a rodeo school; and

(c) not used in the chute unless—

(i) the animal is down in the chute and is in a position to rise; or

(ii) the animal is standing and has refused to leave the chute.

(3) Use of an electric prodder by a person is subject to the following conditions—

(a) the electric prodder must not be used or placed on any animal less than 3 months of age;

(b) the electric prodder must not be used or placed on the face, genitals, perineum, or udder of any animal;

(c) the electric prodder must not be used or placed on an animal in a situation where the animal is unable to move away from the application of the electric prodder;

(d) the electric prodder must not be used excessively on an animal.

19 Electronic stunning devices

A person who uses an electronic stunning device must do so in accordance with a licence issued under the Meat Industry Act 1993.

20 Electronic ejaculators

A person may use an electronic ejaculator on—

(a) cattle, buffalo or sheep, if the use is approved by a veterinary practitioner; or

(b) any other animal kept under the Zoological Parks and Gardens Act 1995, if the animal is anaesthetised and the use is by a veterinary practitioner; or

(c) any other animal if the electronic ejaculator is used by a veterinary practitioner, or use is under the direct supervision of a veterinary practitioner.

21 Electrofishing

A person must not electrofish unless it is part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

22 Electric foot shock apparatus

A person must not use an electric foot shock apparatus on an animal unless—

(a) the use is part of a scientific procedure or program of scientific procedures that has been approved under a licence granted under Part 3 of the Act; and

(b) there are no valid alternative stimuli.

23 Use of electronic collars

A person must not use an electronic collar on an animal unless—

(a) the electronic collar is an authorised electronic collar and is used on a dog or cat in accordance with regulations 24 to 28; or

Reg. 23(b) amended by S.R. No. 136/2025 reg. 7(a).

(b) the electronic collar is used on cattle, sheep, goats, pigs, camels, alpacas or llamas as part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of

Reg. 23(c) inserted by S.R. No. 136/2025 reg. 7(b).

(c) the electronic collar is part of an approved electronic collar system and is used on cattle in accordance with regulation 28A.

Reg. 23A inserted by S.R. No. 136/2025 reg. 8.

23A Application for approval of electronic collar system for use on cattle

(1) A manufacturer of an electronic collar system may apply to the Minister for approval of that system for use on cattle.

(b) be accompanied by any reports or documents that the Minister requires; and

(c) include any other details required by the Minister to assess the suitability of the electronic collar system for use on cattle, including information to establish that the electronic collar system meets the welfare and data requirements specified in regulation 23F; and

(d) be accompanied by a fee of 387 fee units.

(3) The Minister may require the applicant to provide any further information relating to the application that the Minister considers necessary by written notice specifying—

(a) the information required; and

(b) the date by which the information must be provided to the Minister.

Reg. 23B inserted by S.R. No. 136/2025 reg. 8.

23B Matters the Minister may consider

The Minister may consider any advice from a person who holds technical, scientific or animal welfare expertise that the Minister considers relevant when making a decision under regulation 23C.

Reg. 23C inserted by S.R. No. 136/2025 reg. 8.

23C Minister may approve or refuse to approve electronic collar system for use on cattle

(1) After considering an application under regulation 23A, the Minister must, within the time specified in subregulation (2) or (3) (as the case requires)—

(a) grant the approval, if the Minister is satisfied that the electronic collar system—

(i) meets the welfare and data requirements specified in regulation 23F; and

(ii) will be supported by a training program provided by or on behalf of the manufacturer to users of the electronic collar system that includes training as to the identification and management of welfare risks associated with the system; or

(b) refuse to grant the approval.

(2) Subject to subregulation (3), the Minister must decide an application under regulation 23A—

(a) within 60 days of receiving the application, if the application complies with regulation 23A(2); or

(b) within 60 days of receiving any further information requested under regulation 23A(3).

(3) The Minister, by written notice to the applicant, may extend the period specified in subregulation (2) as many times as the Minister considers necessary and must specify the new period in the notice.

(4) The Minister must give the applicant written notice of the Minister's decision under subregulation (1) as soon as practicable after making the decision.

(5) If the Minister approves the application, the notice under subregulation (4) must set out—

(a) the day on which the approval comes into effect; and

(b) the species or class of cattle in relation to which the electronic collar system is approved for use; and

(c) any other conditions of the approval imposed under regulation 23G.

Reg. 23D inserted by S.R. No. 136/2025 reg. 8.

23D Expiry of approval of electronic collar system

(1) An approval granted under regulation 23C is valid for the period not exceeding 3 years specified in the notice.

(2) Despite subregulation (1), if a person applies for the renewal of an approval at least 60 days before the day on which it expires, the approval remains valid until the Minister determines the application for renewal.

Reg. 23E inserted by S.R. No. 136/2025 reg. 8.

23E Application for renewal of approval of electronic collar system

(1) A manufacturer of an electronic collar system may apply for renewal of an approval granted under regulation 23C.

(2) Regulations 23A, 23B, 23C and 23D apply to an application for renewal of an approval granted under regulation 23C as if a reference in those regulations to approval of an electronic collar system were a reference to renewal of an approval of an electronic collar system.

Reg. 23F inserted by S.R. No. 136/2025 reg. 8.

23F Welfare and data requirements for approved electronic collar systems

(1) An approved electronic collar system must meet the following welfare and data requirements—

(a) subject to subregulation (2), the electric shock delivered by the electronic collar system does not exceed the relevant maximum level relating to any of the characteristics of an electric shock specified by the Minister under regulation 23L;

(b) any electric shock delivered by the electronic collar system will be preceded by an appropriate non‑aversive stimulus, being a stimulus that is not an electric shock;

(c) the level, duration and frequency of the electric shock delivered by the electronic collar system are the minimum necessary to achieve the containment or herding of the animal;

(d) the electronic collar system is safe and reliable for use on cattle;

(e) the physical features of the electronic collar (including its weight, shape and material composition) are designed and constructed in a way that limits the risk of injury or harm to the animal wearing the collar;

(f) the electronic collar system monitors the animal wearing the collar, including the location of the animal and the cues, including electric shocks, delivered by the collar to the animal;

(g) the electronic collar system is designed to enable animals to learn and respond appropriately to any stimulus emitted by the collar, which may include the taking of action to avoid an electric shock;

(h) the electronic collar system enables the collection and retention of data relating to the use and operation of the electronic collar system;

(i) the electronic collar system has appropriate safeguards and settings to protect animal welfare and to prevent misuse, including—

(i) cut-off settings and other settings relating to the level, duration or frequency of the electric shock; and

(ii) safeguards to prevent a person using the electronic collar system from directly administering an electric shock or other cue on an animal;

(j) the electronic collar system is capable of issuing alerts to a person responsible for or using the electronic collar system.

(2) The Minister may determine that a maximum level that differs from the level specified in a notice under regulation 23L applies in respect of any one or more characteristics of an electric shock delivered by an electronic collar system for which approval is sought under regulation 23A, having regard to the welfare outcomes of the cattle on which the electronic collar system will be used.

Reg. 23G inserted by S.R. No. 136/2025 reg. 8.

23G Conditions on electronic collar system approval

(1) The Minister may impose conditions on an approval granted under regulation 23C relating to any of the following—

(a) the data that is to be collected by the electronic collar system and the period for which any data is to be retained;

(b) the alerts that are to be sent to users of the electronic collar system, including alerts relating to major system failures or malfunctions;

(c) the keeping of records and provision of reports to the Minister and the intervals at which the reports are to be submitted;

(d) the preparation of an animal welfare plan that includes a description of the role that the holder of the approval will take to ensure the welfare of animals on which the electronic collar system is used;

(e) changes to training programs to ensure that welfare risks associated with the system are identified and managed;

(f) any other thing that the Minister considers appropriate in the circumstances to protect the welfare of animals on which the electronic collar system is used.

(2) If the Minister determines a maximum electric shock level under regulation 23F(2) that is inconsistent with the level determined under regulation 23L, the Minister must impose a condition on the approval specifying that maximum level.

Reg. 23H inserted by S.R. No. 136/2025 reg. 8.

23H Minister to be notified of significant changes to approved electronic collar system

(1) The holder of an approval under regulation 23C must notify the Minister within 30 days after becoming aware of any significant changes made or proposed to be made to the approved electronic collar system.

(2) On receiving a notification under subregulation (1), the Minister may—

(a) vary the approval in accordance with regulation 23I, including any conditions imposed on the approval, or impose new conditions on the approval; or

(b) revoke the approval in accordance with regulation 23J; or

(c) determine that no changes to the approval are required.

(3) In this regulation—

significant change means a change that the holder of an approval reasonably believes will have an impact on the assessment of any of the welfare and data requirements set out in regulation 23F.

Reg. 23I inserted by S.R. No. 136/2025 reg. 8.

23I Variation of approval or conditions of approval of electronic collar system

(1) The Minister may vary an approval granted under regulation 23C or any condition of such an approval if the Minister reasonably believes—

(a) the approved electronic collar system—

(i) no longer satisfies the welfare and data requirements specified in regulation 23F; or

(ii) will no longer satisfy the welfare and data requirements specified in regulation 23F once a proposed significant change takes effect; or

(b) the training program relating to the approved electronic collar system no longer satisfies the requirements of regulation 23C(1)(a)(ii).

(2) Before deciding to vary an approval or a condition of an approval, the Minister must—

(a) give written notice of the proposed variation to the holder of the approval specifying—

(i) the reasons for the proposed variation; and

(ii) that the person may make written or oral submissions about the proposal within 28 days after the date of giving the notice; and

(b) consider any submissions made under paragraph (a).

(3) If the Minister varies an approval or a condition of an approval, the Minister must give the holder of the approval written notice of the variation specifying—

(a) the variation; and

(b) the day on which the variation takes effect.

(4) A variation has effect from the day specified in the notice under subregulation (3).

Reg. 23J inserted by S.R. No. 136/2025 reg. 8.

23J Revocation of approval of electronic collar system

(1) The Minister may revoke an approval granted under regulation 23C—

(a) if the Minister is satisfied that any of the grounds set out in subregulation (2) exist; or

(b) if the holder of the approval requests in writing that the approval be revoked.

(2) The grounds for revocation are the following—

(a) the holder of the approval has failed to comply with a condition of the approval;

(b) the holder of the approval has contravened these Regulations or the Act;

(c) the Minister believes on reasonable grounds that—

(i) the holder of the approval has given materially incorrect or misleading information to the Minister; or

(ii) the approval was obtained because of materially incorrect or misleading information;

(d) the Minister reasonably believes that—

(i) the approved electronic collar system no longer satisfies the welfare and data requirements specified in regulation 23F; or

(ii) the training program relating to the system no longer satisfies the requirements of regulation 23C(1)(a)(ii).

(3) Before revoking an approval under subregulation (1)(a), the Minister must—

(a) notify the holder of the approval of the proposed revocation, by giving notice in writing specifying—

(i) the reasons for the proposed revocation; and

(ii) that the holder of the approval may make written or oral submissions about the proposed revocation within 28 days after the date on which the Minister gives the notice to the holder of the approval; and

(b) consider any submissions made in accordance with paragraph (a)(ii).

(4) If the Minister revokes the approval, the Minister must give the holder of the approval written notice of the revocation specifying the day on which the revocation takes effect.

Reg. 23K inserted by S.R. No. 136/2025 reg. 8.

23K Holder of approval to notify users of revocation of approval

(1) If an approval is revoked under regulation 23J, the holder of the approval must notify the following persons of the revocation in writing no later than 30 days after the day on which the revocation takes effect—

(a) each person to whom the electronic collar system has been sold, hired or supplied;

(b) any other person the holder of the approval believes to be responsible for the use of the electronic collar system on cattle.

(2) The holder of the approval, by written notice, must notify the Minister that it has complied with subregulation (1) no later than 30 days after the day on which the revocation takes effect under regulation 23J.

(3) If the Minister has not received a notice in accordance with subregulation (2), the Minister must—

(a) by notice in writing, take reasonable steps to notify all users of the electronic collar system of the revocation as soon as it is reasonably practicable; and

(b) as soon as practicable, publish notice of the revocation in a newspaper circulating generally in Victoria.

Reg. 23L inserted by S.R. No. 136/2025 reg. 8.

23L Maximum electric shock levels of electronic collar system

(1) The Minister, by notice published in the Government Gazette, may specify maximum levels relating to any of the characteristics of an electric shock that can be delivered by an electronic collar system, including the maximum energy, current, voltage or duration of the electric shock.

(2) For the purposes of subregulation (1), the Minister may specify—

(a) a maximum level relating to any characteristic of the electric shock for all electronic collar systems; or

(b) a maximum level relating to any characteristic of the electric shock for electronic collar systems of a particular class, including setting different maximum levels for each class.

24 Requirements for use of authorised electronic collars

A person must not use an authorised electronic collar on a dog or cat unless—

(a) a veterinary practitioner has examined the physical health and temperament of the dog or cat and reasonably believes that the dog or cat is suitable to have an authorised electronic collar used on it; and

(b) the dog or cat is over 6 months of age; and

(c) a collar is not left on the dog or cat for more than 12 hours in any 24-hour period; and

Reg. 24(d) substituted by S.R. No. 136/2025 reg. 9.

(d) the use is in accordance with any instructions provided by the manufacturer of the collar that do not contravene these Regulations; and

(e) the dog or cat is introduced to the use of the collar in accordance with a training program that complies with the Victorian Code of Practice for the Training of Dogs and Cats to Wear Electronic Collars; and

(f) the design and technical specifications of the collar comply with standards that have been approved by the Minister and published in the Government Gazette.

25 Use of remote training collars and anti-bark collars

(1) A person must not use a remote training or anti‑bark collar on a dog unless—

(a) the person is a veterinary practitioner or qualified dog trainer; or

(b) the person is acting under the supervision and written instructions of a veterinary practitioner or a qualified dog trainer.

(2) If subregulation (1)(b) applies, the use of the collar must be reviewed by the veterinary practitioner or qualified dog trainer—

(a) within 6 months of the examination referred to in regulation 24(a); and

(b) at least every 12 months after the first review.

26 Use of remote training collars and anti-bark collars—police and Australian Defence Force

(1) A person may use a remote training collar or an anti-bark collar on a dog if the dog—

(a) is in the service of Victoria Police, Australian Federal Police or the Australian Defence Force and the collar is used for the purpose of that service; or

(b) is in training to be in the service of Victoria Police, Australian Federal Police or the Australian Defence Force and the collar is used for the purpose of that service or training.

(2) Regulations 24 and 25 do not apply to the use of a remote training collar or anti-bark collar in accordance with subregulation (1).

27 Use of containment collars on dogs

(1) A person must not use a containment collar on a dog unless the person has ensured that the dog is trained to the use of the containment system and collar by—

(a) a veterinary practitioner, a qualified dog trainer or competent trainer; or

(b) a person under the supervision and written instructions of a veterinary practitioner, a qualified dog trainer or a competent trainer.

(2) A person must not use a containment collar on a dog unless there is a visual cue (such as a fence, posts or flags) that clearly indicates to the dog the boundary of the containment system.

(3) In this regulation and in regulation 28—

competent trainer means a person who is employed by a company that sells containment systems and who is competent to conduct a containment system training program for dogs or cats that complies with the Victorian Code of Practice for the Training of Dogs and Cats to Wear Electronic Collars.

28 Use of containment collars on a cat

(1) A person must not use a containment collar on a cat unless the person has ensured that the cat is trained to the use of the containment system and collar by—

(a) a veterinary practitioner or competent trainer; or

(b) a person under the supervision and written instructions of a veterinary practitioner or competent trainer.

(2) A person must not use a containment collar on a cat unless there is a visual cue (such as a fence, posts or flags) that clearly indicates to the cat the boundary of the containment system.

Reg. 28A inserted by S.R. No. 136/2025 reg. 10.

28A Requirements for use of approved electronic collar system

(1) A person must not use an approved electronic collar system—

(a) on any animal other than cattle; and

(b) on any species or class of cattle other than the species or class for which approval is specified by the Minister in the notice of approval under regulation 23C(5)(b); and

(c) on any animal under the age of 6 months; and

(d) unless the animal is introduced and trained to the use of the approved electronic collar system by a competent trainer or in accordance with a training program specified by the manufacturer of the collar that, at a minimum, includes the identification and management of welfare risks associated with the system; and

(e) unless the use is in accordance with any instructions for use of the approved electronic collar system provided by the manufacturer, except to the extent that using the collar in accordance with those instructions would result in a contravention of these Regulations; and

(f) unless the animal is contained within the property in which it resides by—

(i) physical perimeter fencing; or

(ii) another physical barrier.

(2) A person must not use an approved electronic collar system on any animal unless the person—

(a) is trained to use the approved electronic collar system by a competent trainer or in accordance with a training program specified by the manufacturer of the collar that, at a minimum, includes the identification and management of welfare risks associated with the system; or

(b) is using the approved electronic collar system under the supervision of a person trained to use the system.

(3) A person who uses an approved electronic collar system must not install, configure or in any way allow the system to prevent an animal on which an electronic collar is used from having reasonable access to food, water or shelter.

(4) A person who uses an approved electronic collar system must—

(a) set the virtual boundaries of the system so that animals are able to move away from the boundary without receiving an electric shock; and

Example

A boundary with an acute angle could result in cattle being unable to move away from the virtual perimeter without receiving an electric shock.

(b) ensure that any changes to the boundary are gradual and enable animals to become aware of and adapt to that boundary gradually.

(5) A person using an approved electronic collar system must check each animal on which an electronic collar is placed on a regular basis appropriate to the age and production system of the cattle and the risk to welfare of the cattle, to assess—

(a) the health and welfare of each animal; and

(b) the fit and placement of each electronic collar.

(6) A person using an approved electronic collar system must ensure that the fit and placement of the electronic collar prevents injury or undue discomfort to the animal and must promptly rectify any fit or placement issues.

(7) If a person using an approved electronic collar system becomes aware that an animal is not learning to respond to the electronic collar system or that the shocks being issued to an animal may indicate a risk to the welfare of the animal, the person must—

(a) remove the electronic collar as soon as reasonably possible; and

(b) if necessary in the circumstances to ensure the welfare of the animal, remove the animal from the area in which the animal was contained by the system.

(8) If an electronic collar is removed from an animal under subregulation (7), a person must not resume use of the approved electronic collar system on the animal unless—

(a) the animal is reintroduced and retrained to the use of the approved electronic collar system by a competent trainer or in accordance with a training program specified by the manufacturer of the collar that, at a minimum, includes the identification and management of welfare risks associated with the system; and

(b) the person is satisfied that there is a reasonable prospect that the animal will learn to respond to the electronic collar or otherwise not receive shocks that pose a risk to the welfare of the animal.

(9) If a person becomes aware of a risk of harm to an animal arising from the use of the approved electronic collar system (whether by advice received from the manufacturer in the form of an alert sent by the manufacturer, or otherwise), the person must make all reasonable efforts to address that risk as soon as possible.

(10) In this regulation—

competent trainer means a person who is employed or engaged by a company that manufactures an electronic collar system for use on cattle and who conducts or provides training for the introduction and use of that electronic collar system, including the management of welfare risks associated with the introduction and use of the system.

29 Sale, hire or supply of electronic collars

(1) A person must not sell, hire or supply an electronic collar that has not been manufactured for use on a dog, cat or livestock.

(2) A person must not sell, hire or supply an electronic collar for use on a cat or a dog unless the design and technical specifications of the collar comply with the standards approved by the Minister for electronic collars for dogs and cats, published in the Government Gazette.

(3) A person must not sell, hire or supply an electronic collar for use on livestock unless it has been manufactured for that purpose.

Reg. 29(3A) inserted by S.R. No. 136/2025 reg. 11(1).

(3A) A person must not sell, hire or supply an electronic collar system for use on cattle, unless the electronic collar system is an approved electronic collar system.

Reg. 29(3B) inserted by S.R. No. 136/2025 reg. 11(1).

(3B) Subregulation (3A) does not apply if the sale, hire or supply of the electronic collar system is for use on cattle as part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

(4) A person must not sell, hire or supply an electronic collar for use on a cat or dog unless at the time of the sale, hire or supply the person records—

(b) the street address of the purchaser, hirer or recipient; and

(d) the date of sale, hire or supply of the electronic collar; and

(e) that the person has advised the purchaser, hirer or recipient of the relevant conditions of use, as set out in regulations 24 to 28, in writing.

Reg. 29(5) amended by S.R. No. 136/2025 reg. 11(2).

(5) A person must not sell, hire or supply an electronic collar for use on livestock (other than cattle to which subregulation (5A) applies) unless, at the time of sale, hire or supply, the person records—

(b) the street address of the property where the electronic collar is to be used; and

(d) the date of sale, hire or supply of the electronic collar; and

(e) if the street address referred to in paragraph (b) is in Victoria, that the person has obtained written evidence, from the purchaser, hirer or recipient that the electronic collar will be used on an animal that is part of a scientific procedure or program of scientific procedures approved under a licence granted under Part 3 of the Act.

Reg. 29(5A) inserted by S.R. No. 136/2025 reg. 11(3).

(5A) A person must not sell, hire or supply an approved electronic collar system for use on cattle unless, at the time of the sale, hire or supply, the person records—

(b) the street address of the property where the electronic collar system is to be used; and

(d) the date of sale, hire or supply of the electronic collar system; and

(e) that the person has advised the purchaser, hirer or recipient of the relevant requirements for use, as set out in regulation 28A, in writing.

Reg. 29(5B) inserted by S.R. No. 136/2025 reg. 11(3).

(5B) A manufacturer of an approved electronic collar system who sells, hires or otherwise supplies that system must ensure that the purchaser, hirer or recipient of the system is provided with training by a competent trainer or a training program specified by the manufacturer of the system before the manufacturer enables the system to operate on any animal owned by or under the control of the purchaser, hirer or recipient.

Reg. 29(5C) inserted by S.R. No. 136/2025 reg. 11(3).

(5C) Despite subregulation (5B), a person may enable the approved electronic collar system to operate on an animal for the purposes of—

(a) training the purchaser, hirer or recipient on the use of the system; or

(b) training an animal for the purposes of regulation 28A(1)(d).

Reg. 29(5D) inserted by S.R. No. 136/2025 reg. 11(3).

(5D) A person who sells, hires or supplies an approved electronic collar system (other than the manufacturer of that system) must, at the time of sale, hire or supply—

(a) provide the purchaser, hirer or recipient with the name, address, telephone and email contact details of the manufacturer; and

(b) advise the purchaser, hirer or recipient that it is a requirement under these Regulations to undertake training with a competent trainer or a training program specified by the manufacturer of the system before the system is enabled.

Note

Regulation 28A requires that an animal be introduced and trained to the use of an electronic collar system by a competent trainer or in accordance with a training program specified by the manufacturer of the collar.

Reg. 29(6) amended by S.R. No. 136/2025 reg. 11(4).

(6) A person must not provide any false or misleading information in relation to the details or evidence to be recorded under subregulation (4), (5) or (5A).

(7) A person who sells, hires or supplies an electronic collar must keep a record of the following for 7 years after the sale, hire or supply—

Reg. 29(7)(a) amended by S.R. No. 136/2025 reg. 11(5).

(a) the details recorded under subregulation (4), (5) or (5A);

(b) if applicable, the written evidence provided under subregulation (5).

Reg. 29(8) inserted by S.R. No. 136/2025 reg. 11(6).

(8) On the written request of the Minister, a person must provide records of the information kept under subregulation (5A) to the Minister within the time period specified in the request.

Reg. 29(9) inserted by S.R. No. 136/2025 reg. 11(6).

(9) In this regulation—

competent trainer means a person who is employed or engaged by a company that manufactures an electronic collar system for use on cattle and who conducts or provides training for the introduction and use of that electronic collar system, including the management of welfare risks associated with the introduction and use of the system.

Reg. 29A inserted by S.R. No. 136/2025 reg. 12.

29A Requirement for manufacturers of approved electronic collar systems to keep records

(1) A manufacturer of an approved electronic collar system must keep a record of the following—

(a) if the manufacturer has provided training to users of the approved electronic collar system, details of the users who have undertaken the training and the content of that training;

(b) if the manufacturer has not provided training to a user of the approved electronic collar system, details of the training program specified by the manufacturer to be undertaken by the user;

(c) the number and type of system failures or system malfunctions that have occurred in relation to the approved electronic collar system and that have impacted on an animal wearing an electronic collar that is part of the system.

(2) A manufacturer of an approved electronic collar system must—

(a) retain the records for a minimum period of 3 years from the date the record was made; and

(b) on request by the Minister, provide copies of the records kept under subregulation (1) to the Minister.

Part 3—Traps

Division 1—Prescribed traps

30 Prescribed kinds of traps

For the purposes of sections 15(1) and 15AB(1) of the Act, the following kinds of traps are prescribed—

(a) small leghold traps that meet the requirements of regulation 32;

(b) large leghold traps that meet the requirements of regulation 35 or 36;

(c) confinement traps that meet the requirements of regulation 42;

(d) net traps that meet the requirements of regulation 46;

(e) non-kill snares that meet the requirements of regulation 50;

(f) rodent kill traps that meet the requirements of regulation 55;

(g) kill traps that meet the requirements of regulation 59;

(h) glue traps that meet the requirements of regulation 62(3);

(i) lethal trap devices that have been approved by the Minister under regulation 64.

Division 2—Leghold traps

31 Requirements for setting or using small leghold traps

A person must not set or use a small leghold trap unless—

(a) the person sets or uses the trap for the purpose of trapping rabbits; and

(b) the trap complies with regulation 32; and

(c) the person sets or uses the trap in accordance with regulations 33 and 38.

32 Prescribed features of small leghold traps

A small leghold trap must have the following features—

(b) each jaw of the trap must be padded with commercially manufactured rubber pads designed to be used for the particular brand, size and design of the trap;

(c) the jaws of the trap must be offset so there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed;

(d) a jaw spread of no more than 10 centimetres;

(e) a spring placed in the anchor chain of the trap to act as a shock absorber for the purposes of reducing the chance of injury to the captured limb;

(f) the anchor chain of the trap has a minimum of 2 swivels with one located at each end of the anchor chain, so that the trap can twist if the animal struggles to escape and the anchor chain must be attached to the centre of the baseplate of the trap;

(g) an adjustable pan tension so that the pan can be set at a tension required for a rabbit to trigger the trap.

33 Places where small leghold traps must not be set, used or possessed

(1) A person must not set or use a small leghold trap in the following places—

(a) Crown land; or

(b) land in an urban area, except with—

(i) the approval of the Minister under regulation 39; and

(ii) the consent of the owner or occupier of the land; or

(c) any other land unless a person has the consent of the owner or occupier of the land.

(2) A person must not possess a small leghold trap on Crown land.

(3) Subregulation (2) does not apply to—

(a) a person who possesses a small leghold trap if possession is solely for the purposes of displaying it in a museum that is open to the general public; or

(b) a POCTA inspector, for the purposes of exercising the inspector's role under the Act or these Regulations.

34 Requirements for setting or using large leghold traps

A person must not set or use a large leghold trap unless—

(a) the person sets or uses the trap for the purpose of trapping foxes, wild dogs or, if an approval has been granted under regulation 40, declared feral cats; and

(b) if the person sets or uses the trap for the purpose of—

(i) trapping foxes or declared feral cats, the trap complies with regulation 35; or

(ii) trapping wild dogs, the trap complies with regulation 36; and

(c) the trap is set or used in accordance with—

(i) if the person sets or uses the trap for the purpose of trapping foxes or wild dogs, regulations 37 and 38; or

(ii) if the person sets or uses the trap for the purpose of trapping declared feral cats, regulation 37 and an approval granted under regulation 40.

35 Prescribed features of a large leghold trap to be set or used for foxes or declared feral cats

A large leghold trap that is to be set or used for the purposes of trapping foxes or declared feral cats must have the following features—

(b) each jaw of the trap must be padded with commercially manufactured rubber pads designed to be used for the particular brand, size and design of the trap;

(c) the jaws of the trap must be offset so there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed;

(d) a jaw spread of between 10·1 centimetres and 14 centimetres;

(e) a spring placed in the anchor chain of the trap to act as a shock absorber for the purposes of reducing the chance of injury to the captured limb;

(f) the anchor chain of the trap has a minimum of 2 swivels with one located at each end of the anchor chain, so that the trap can twist if the animal struggles to escape and the anchor chain must be attached to the centre of the baseplate of the trap;

(g) an adjustable pan tension so that the pan can be set at a tension required for a fox or declared feral cat to trigger the trap.

36 Prescribed features of a large leghold trap to be set or used for wild dogs

A large leghold trap that is to be set or used for the purposes of trapping wild dogs must have the following features—

(b) each jaw of the trap must be padded with commercially manufactured rubber pads designed to be used for the particular brand, size and design of the trap;

(c) the jaws of the trap must be offset so there is a distance of at least 6 millimetres between the metal parts of the jaws when the jaws are closed;

(d) a jaw spread of between 13 and 15·5 centimetres;

(e) a spring placed in the anchor chain of the trap to act as a shock absorber for the purposes of reducing the chance of injury to the captured limb;

(f) the anchor chain of the trap has a minimum of 2 swivels with one located at each end of the anchor chain, so that the trap can twist if the animal struggles to escape and the anchor chain must be attached to the centre of the baseplate of the trap;

(g) an adjustable pan tension so that the pan can be set at a tension required for a wild dog to trigger the trap.

37 Places where large leghold traps must not be set or used

(1) A large leghold trap must not be set or used for trapping foxes or wild dogs—

(a) in any area unless that area has been declared by the Minister under section 15AB(3) of the Act to be an approved area for setting or using large leghold traps; and

(b) within an area declared to be approved under section 15AB(3) of the Act, except with the consent of the owner or occupier of the land, or, in the case of Crown land, the manager of the land.

(2) If an area has been declared to be an approved area under section 15AB(3) of the Act, a large leghold trap must not be set or used to trap foxes or wild dogs in any portion of the area that is an urban area, except with the approval of the Minister under regulation 39.

(3) A large leghold trap must not be set or used for trapping declared feral cats in any area that is not specified in the approval granted under regulation 40.

38 Conditions of setting or use of small and large leghold traps

(1) A trapped animal must not be left alive in the trap for more than 24 hours.

(2) Until 1 December 2024, the Minister may issue an authority giving approval to allowing an animal to be left alive in a large leghold trap for up to 72 hours where the large leghold trap is set or used for wild dogs by a person employed or authorised for the purposes of the Victorian government program for managing wild dogs.

(3) The Minister may, as a condition of granting the authority under subregulation (2), require a report providing the details required by the Minister about the operation of the authority in the form required by the Minister and at the intervals specified by the Minister.

(4) A trapped animal that is a declared pest animal must be humanely destroyed as soon as is reasonably possible unless—

(a) the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994; and

(b) the animal can be returned to the owner.

(5) If an animal that is not required to be humanely destroyed under subregulation (4) is captured in the trap, and is alive at the time the trap is checked—

(a) the animal must be released from the trap as soon as is reasonably possible; and

(b) if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(6) An animal that is released from a trap under subregulation (5)(a), that is not injured, must be—

(a) if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b) if a species normally kept in captivity, that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(i) under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii) in accordance with a process approved by the Minister under Division 11 of this Part; or

(d) if wildlife, released at the point of capture in accordance with the Wildlife Act 1975; or

(e) if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(7) The trap must be set or used so as to minimise—

39 Minister may approve setting or use of leghold traps in urban areas

(1) On receipt of an application under subregulation (2), the Minister may grant an approval to set or use—

(a) a small leghold trap for rabbits in an urban area; or

(b) a large leghold trap for wild dogs or foxes in an urban area within an area declared to be approved under section 15AB(3) of the Act.

(b) specify—

(i) the kind of trap; and

(ii) the location in which the trap is to be used; and

(iii) the species for which the trap is to be used; and

(3) An approval under subregulation (1)(a) or (b) must specify the location and species to which it applies.

(4) The Minister may impose conditions on the approvals relating to—

(a) the areas in which the trap may be used; and

(b) the minimum qualifications or training the person using the trap must have; and

(c) requirements relating to training the person using the trap must have; and

(d) requirements relating to notification about the trapping programs; and

(e) the period for which the approval applies; and

(f) the keeping of records and provision of reports to the Minister at the intervals at which the reports must be submitted; and

(g) any actions the applicant must take to minimise impacts on non-target species; and

(h) any actions required to protect the welfare of trapped animals.

(5) An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

40 Minister may approve setting or use of large leghold traps for declared feral cats

(1) On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a large leghold trap for the purpose of trapping declared feral cats on declared Crown Land.

(b) specify the reason why use of a large leghold trap is necessary; and

(c) specify the location in which the large leghold trap is to be set or used; and

(d) specify when the large leghold trap is to be set or used; and

(e) be accompanied by any information relevant to the procedures to be utilised in the trapping programs; and

(f) be accompanied by any documents or reports that the Minister requires.

(3) An approval under subregulation (1) must specify—

(a) the declared Crown land to which the approval applies; and

(b) the maximum period (not exceeding 24 hours) for which a trapped animal may be left alive in the trap.

(4) The Minister may impose conditions on an approval relating to—

(a) the area of declared Crown land in which the trap may be used and when it may be used; and

(b) the minimum qualifications or training the person using the traps must have; and

(c) the manner in which the trap may be used, including when it must be checked; and

(d) specifications for the trapping program; and

(e) the keeping of records and provision of reports and evaluations to the Minister and the intervals at which the reports or evaluations must be submitted; and

(f) any action required to be taken to protect the welfare of trapped animals.

(5) An approval under this regulation is valid for the period specified in the approval which must not exceed 12 months from the date of the approval.

(6) In this regulation—

declared Crown land means Crown land specified in a feral cat declaration.

Division 3—Confinement traps

41 Requirements for setting or using confinement traps

A person must not set or use a confinement trap unless—

(a) the trap complies with regulation 42; and

(b) the person sets or uses the trap in accordance with regulations 43 and 44.

42 Prescribed features of confinement traps

A confinement trap must have the following features—

(a) the trap must not be designed in such a way that it may cause unreasonable pain or suffering to a trapped animal;

(b) the trap must not grip or strike any part of the body of a trapped animal;

(c) the trap must not contain hooks, protruding parts, or other design features that may injure the trapped animal.

43 Places where confinement traps may not be set or used

A confinement trap must not be set or used on any land, except with the consent of the owner or occupier of the land, or, in the case of Crown land, the manager of the land.

44 Conditions of set or use of confinement traps

(1) The trap must be set or used so as to minimise—

(2) If the confinement trap is in the form of a fenced enclosure or yard in a non-urban area and sufficient and appropriate food, water and shelter is available to the trapped animal, the animal must not be left trapped for more than 48 hours.

(3) In any case other than that referred to in subregulation (2), the trapped animal must not be left alive in the trap for more than 24 hours.

(4) A trapped animal that is a declared pest animal or noxious aquatic species must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to the owner.

(5) If an animal is not required to be humanely destroyed under subregulation (4) or an animal for which the trap has been set or used, is captured in the trap and is alive at the time the trap is checked—

(a) the animal must be released from the trap as soon as is reasonably possible; and

(b) if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(6) An animal that is released from a trap under subregulation (5)(a), that is not injured, must be—

(a) if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b) if a species normally kept in captivity, that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(i) under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii) in accordance with a process approved by the Minister under Division 11 of this Part; or

(d) if wildlife, it must be released at the point of capture; or

(e) if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(7) This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

Division 4—Net traps

45 Requirements for setting or using net traps

A person must not set or use a net trap unless—

(a) the trap complies with regulation 46; and

(b) the person sets or uses the trap in accordance with regulations 47 and 48.

46 Prescribed features of net traps

A net trap must have the following features—

(a) the trap may entangle the animal but must be constructed of materials designed to minimise any injury to the animal;

(b) the trap must not be made of monofilament netting.

47 Places where net traps may be set or used

A net trap must not be set or used on any land, except with the consent of the owner or occupier of the land, or, in the case of Crown land, the manager of the land.

48 Conditions of setting or use of net traps

(1) A net trap that is designed to be triggered by an animal must be checked at least every 4 hours.

(2) A net trap that is designed to be triggered by a person or set across the path of an animal such as a bird or bat must not be used unless the trap is constantly monitored.

(3) As soon as is reasonably possible after an animal is observed to be trapped or entangled in a net trap, the animal must be removed.

(4) A person removing animals from a net trap must be experienced in handling the target species or under the supervision of a person experienced in handling the target species.

(5) A trapped animal that is a declared pest animal or noxious aquatic species must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to its owner.

(6) If an animal that is not required to be humanely destroyed under subregulation (5), or an animal for which a net trap has been set or used is captured in the trap and is alive and injured at the time the trap is checked, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, may be humanely destroyed.

(7) An animal that is removed from a trap under this regulation must be—

(a) if a dog or cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b) if a species normally kept in captivity that is not wildlife, a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(i) under an agreement with a local council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii) in accordance with the process approved by the Minister under Division 11 of this Part; or

(d) if wildlife, released at the point of capture in accordance with the Wildlife Act 1975; or

(e) if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(8) A net trap must be set or used so as to minimise—

(9) This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

Division 5—Non-kill snares

49 Requirements for setting or using non-kill snare

(1) A person must not set or use a non-kill snare unless—

(a) the person sets or uses the non-kill snare under an approval granted under regulation 53; and

(b) the non-kill snare complies with regulation 50; and

(c) the person sets or uses the non-kill snare in accordance with regulations 51 and 52, and the approval granted under regulation 53.

(2) Subregulation (1) does not apply where the setting or use of the non-kill snare is approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

50 Prescribed features of non-kill snares

A non-kill snare must have the following features—

(a) the non-kill snare must not strangle or cut the animal;

(b) the non-kill snare must include a locking device which prevents the non-kill snare from inhibiting blood flow through the limbs, neck or body of the animal;

(c) the non-kill snare must have a spring placed in the anchor chain to act as a shock absorber to prevent dislocation of the trapped limb or spine of the animal;

(d) the anchor chain of the non-kill snare must have a minimum of 2 swivels, with one located at each end of the anchor chain, so that the non-kill snare can twist if the animal struggles to escape;

(e) if designed to be triggered by an animal stepping on a pan, the non-kill snare must have adjustable pan tension so that the pan can be set at a tension required for the target species to trigger the non-kill snare.

51 Places where non-kill snares may be set or used

A non-kill snare must not be set or used in the following places—

(a) in an urban area except if the setting or use of the non-kill snare is approved under regulation 53; or

(b) on any other land except with the consent of the owner or occupier of the land or, in the case of Crown land, the manager of the land.

52 Conditions of set or use of non-kill snare

(1) A trapped animal must not be left alive in the non‑kill snare for more than 8 hours.

(2) A trapped animal that is a declared pest animal must be humanely destroyed as soon as is reasonably possible unless the person who owns it is authorised to own it under the Catchment and Land Protection Act 1994 and the animal can be returned to its owner.

(3) If an animal that is not required to be humanely destroyed under subregulation (3) or that is not an animal for which the non-kill snare has been set or used, is captured in the non-kill snare and is alive at the time the non-kill snare is checked—

(a) the animal must be released from the non-kill snare as soon as is reasonably possible; and

(b) if the animal is injured, it must be provided with veterinary treatment as soon as is reasonably possible or, if severely injured, the animal may be humanely destroyed.

(4) An animal that is released from a non-kill snare under subregulation (3)(a), that is not injured, must be—

(a) if a dog or a cat captured in a local government area, taken to the local council as soon as is reasonably possible; or

(b) if a species normally kept in captivity that is not wildlife or a dog or a cat, taken to an animal shelter or other appropriate animal care facility as soon as is reasonably possible; or

(i) under an agreement with a local Council or Animal shelter to accept and care for captured domestic animals and, for dogs and cats, to be managed by the council or animal shelter in accordance with the Domestic Animals Act 1994; or

(ii) in accordance with the process approved by the Minister under Division 11 of this Part; or

(d) if wildlife, it must be released at the point of capture in accordance with the Wildlife Act 1975; or

(e) if a wild animal of a species not normally kept domestically but which is not wildlife, released at point of capture or humanely destroyed.

(5) The non-kill snare must be set or used so as to minimise—

(6) This regulation does not apply in circumstances where the use has been otherwise approved by an Animal Ethics Committee for research approved under licence in accordance with Part 3 of the Act.

53 Minister may approve setting or use of non-kill snares

(1) On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a non-kill snare for the purpose of trapping—

(a) an animal that is an established pest animal; or

(b) an animal of another species determined by the Minister.

(b) specify the kind of non-kill snare and—

(i) the location in which the non-kill snare is to be used; and

(ii) the species for which the non-kill snare is to be used; and

(3) An approval under subregulation (1) must specify the location and species to which it applies.

(4) The Minister may impose conditions on the approvals relating to—

(a) the species of animal that may be trapped; and

(b) details of the types on non-kill snares to which the approval applies and any mandatory features of those non-kill snares; and

(c) the area in which the non-kill snares may be used; and

(d) the minimum qualifications or training the person using the non-kill snares must have; and

(e) requirements relating to notification about the trapping programs; and

(f) the period for which the approval applies; and

(g) the keeping of records and provision of reports to the Minister at the intervals at which the reports must be submitted; and

(h) any actions the applicant must take to minimise impacts on non-target species; and

(i) any actions required to protect the welfare of trapped animals.

(5) An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 6—Rodent kill traps

54 Requirements for setting or using rodent kill traps

A person must not set or use a rodent kill trap unless—

(a) the person sets or uses the trap for the purposes of trapping rodents; and

(b) the trap complies with regulation 55; and

(c) the person sets or uses the trap in accordance with regulations 56 and 57.

55 Prescribed features of rodent kill traps

A rodent kill trap must have the following features—

(a) if jawed, the jaws must not be toothed, serrated or sharp-pointed in a way that can pierce or tear the skin of the animal;

(b) the trap must humanely destroy the animal;

(c) the trap must not have spikes or serrations which could cause injury to a trapped animal before its death;

(d) the trap must not be designed to drown an animal.

56 Places where rodent kill traps must not be set or used

A rodent kill trap must not be set or used on any land or premises except with the consent of the owner or occupier of the land or premises or, in the case of Crown land, the manager of the land.

57 Conditions of set or use of rodent kill traps

The trap must be set or used so as to minimise the risk of catching non-target species.

Division 7—Kill traps

58 Requirements for setting or using kill traps

(1) A person must not set or use a kill trap unless—

(a) the person sets or uses the trap under an approval granted under regulation 61; and

(b) the trap complies with regulation 59; and

(c) the person sets or uses the trap in accordance with regulation 60 and the approval granted under regulation 61.

(2) Subregulation (1) does not apply—

(a) if the use of the trap is approved by an Animal Ethics Committee for research approved under a licence in accordance with Part 3 of the Act; or

(b) to a rodent kill trap used in accordance with Division 6.

59 Prescribed features of kill traps

A kill trap must have the following features—

(a) the trap must humanely destroy the animal;

(b) the trap must not have spikes or serrations which could cause injury to a trapped animal before its death.

60 Places where kill traps may be set or used

A kill trap must not be set or used on any land except with the consent of the owner or occupier of the land or, in the case of Crown land, the manager of the land.

61 Minister may approve use of kill traps

(1) On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a kill trap for the purpose of trapping—

(a) an animal that is an established pest animal; or

(b) an animal of another species determined by the Minister.

(b) specify the species for which the kill trap is to be used; and

(3) An approval under subregulation (1) must specify the species to which it applies.

(4) The Minister may impose conditions on the approval relating to—

(a) the species of animals that may be trapped; and

(b) details of the types of kill traps to which the approval applies and any mandatory features of those kill traps; and

(c) the area in which the trap may be used; and

(d) the minimum qualifications or training the person using the traps must have; and

(e) requirements relating to notification about the trapping program; and

(f) the period to which the approval applies; and

(g) the keeping of records and the provision of reports to the Minister and the intervals at which reports must be submitted; and

(h) any actions the applicant must take to minimise impacts on non-target species; and

(i) actions to protect the welfare of trapped animals.

(5) An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 8—Glue traps

62 Sale, setting or use of glue traps

(1) A person must not sell a glue trap capable of trapping an animal.

(2) A person must not set or use a glue trap for the purposes of trapping an animal or that is capable of trapping an animal.

(3) A person may sell, set or use a glue trap for the purposes of capturing insects if the trap—

(a) has a cage or other protection which prevents any animal from contact with the adhesive surface; or

(b) is designed to prevent the capture of an animal.

Division 9—Lethal trap devices

63 Lethal trap devices

A person must not set or use a lethal trap device with a trap to which Division 2, 3, 4 or 5 applies unless—

(a) the person sets or uses the lethal trap device under an approval granted under regulation 64; and

(b) the person sets or used the lethal trap device in accordance with that approval.

64 Minister may approve lethal trap devices

(1) On receipt of an application under subregulation (2), the Minister may grant an approval to set or use a lethal trap device on a trap to which Division 2, 3, 4 or 5 applies.

(b) specify—

(i) the lethal agent to be used in the lethal trap device; and

(ii) the type of trap on which it is to be used; and

(e) be accompanied by an application fee of 23 fee units.

(3) An approval under subregulation (1) must specify the lethal agent and type of trap to which it applies.

(4) The Minister may impose conditions on the approval relating to—

(a) the types of traps on which the lethal trap device may be used; and

(b) the species of animals that may be trapped in a trap using a lethal trap device; and

(c) the minimum qualifications or training the person using the trap on which the lethal trap device is attached must have (if any); and

(d) requirements relating to notifications about trapping programs; and

(e) the period during which the approval applies; and

(f) the keeping of records and provision of reports to the Minister and the intervals at which the reports must be submitted; and

(g) any actions the applicant must take to minimise impacts on non-target species; and

(h) any actions to protect the welfare of trapped animals.

(5) An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 10—Use of traps in emergencies

65 Emergency use of traps

(1) The Minister, by order in the Government Gazette, may approve the setting or use of a prescribed trap, other than in accordance with the relevant Division of this Part, to control an incursion of—

(a) a noxious aquatic species that has not previously been found in Victoria; or

(b) a declared pest animal that has not previously been found in Victoria.

(2) The Minister may impose conditions on the approval relating to—

(a) the type of trap that may be set or used; and

(b) specifications of the trap; and

(c) the areas in which the trap may be used; and

(d) who may set or use the prescribed trap under the approval; and

(e) the species of animal or fish for which the trap may be used; and

(f) the use or setting of the trap; and

(g) the fate or disposal of any off-target animals or fish that may be trapped; and

(h) the frequency of checking the trap; and

(i) the duration of the approval; and

(j) the keeping of records and provision of reports to the Minister at the intervals required by the Minister; and

(k) the protection of welfare of animals or fish which may be trapped (target or off-target); and

(l) a requirement to notify members of the public or agencies about the conduct of a trapping program.

Division 11—Minister's approval for land manager of unincorporated area approvals for managing domestic dogs and cats

66 Definition

In this Division—

land manager, in relation to an unincorporated area, means—

(a) in relation to an alpine resort within the meaning of the Alpine Resorts (Management) Act 1997, the relevant Alpine Resort Management Board established under that Act;

(b) in relation to any other unincorporated area, the relevant organisation responsible for administering the land.

67 Application for approval of process for managing domestic dogs, cats and other species in unincorporated areas

(1) The land manager of an unincorporated area may apply to the Minister in accordance with this regulation for approval of a process to manage a domestic dog, cat or other species normally kept in captivity that has been caught in a trap prescribed under regulation 32, 35, 36, 42, 46 or 50.

(2) An application under this regulation must be in the approved form and must include—

(a) details of the proposed process for managing domestic dogs, cats and other species that are caught in a trap; and

(b) details of—

(i) the actions to be taken by the land manager to identify the animal, and return the animal to, the owner of the animal; and

(ii) the housing, care and management of the animal while it is under the care of the land manager; and

(iii) procedures for the disposal of the animal if its owner cannot be located; and

(c) any other information requested by the Minister relating to the welfare, care and management of the animal by the applicant.

68 Granting of approval of process for managing domestic dogs, cats and other species in unincorporated area

(1) On receipt of an application under regulation 67, the Minister may grant an approval to a land manager of an unincorporated area of a process to manage domestic dogs, cats or other species caught in a trap in the specified unincorporated area.

(2) An approval under this regulation is subject to any conditions imposed by the Minister on the approval relating to—

(a) the period that the animals must be held by the land manager before they can be disposed of; and

(b) the care, housing, keeping, management and identification of dogs and cats and other species during that period; and

(c) the procedure for disposal of the animals after that period; and

(d) the keeping of records and the provision of reports to the Minister at intervals specified by the Minister; and

(e) the welfare of the animals held by the land manager.

(3) An approval under this regulation is valid for the period specified in the approval which must not exceed 3 years from the date of approval.

Division 12—Revocation of approval granted under this Part

69 Revocation of approval

(1) The Minister may, by notice in writing to the holder of an approval under regulation 39, 40, 53, 61, 64 or 65, revoke the approval if the Minister is satisfied that any of the grounds set out in subregulation (2) exist.

(2) The grounds for revocation of an approval are—

(a) failure by the holder of the approval to comply with any condition of the approval; or

(b) a contravention by the holder of an approval of these Regulations, the Act, the Wildlife Act 1975, the Catchment and Land Protection Act 1994 or the Fisheries Act 1995.

(3) Before revoking the approval, the Minister must—

(a) give a written notice of the proposed revocation to the holder of the approval specifying—

(i) the reasons for the proposed revocation; and

(ii) that the person may make written or oral submissions about the proposal within 28 days after the date of giving the notice; and

(b) consider any submissions made under paragraph (a).

Part 4—Rodeos and rodeo schools

70 Definitions

In this Part—

appointed veterinary practitioner means a veterinary practitioner appointed by the nominated veterinary practitioner under regulation 79 and notified to the Department Head under regulation 80;

approved rodeo organisation means an organisation that accredits persons who operate rodeos or provide stock to rodeos and that has been approved by the Minister under regulation 74(3);

drug has the same meaning as in the Road Safety Act 1986;

girth or cinch means the strap or band used to secure a saddle around a horse;

gullet means the central part of a saddle for a horse that runs along the horse's spine but is raised so there is no contact with the horse's spine;

nominated veterinary practitioner means the veterinary practitioner nominated by the applicant on an application for a rodeo or rodeo school permit, or the veterinary practitioner who is nominated by a licence holder under regulation 72(i) or 76(d) to attend a rodeo to be held under that licence;

paddle rowels means a wheel attached to the spur with 5 sides and having inward grooves at the end of each point;

rigging means the equipment or rope used on an animal in bareback riding for the rider to hold on to;

rodeo licence holder means a person holding a rodeo licence;

rodeo permit holder means a person holding a rodeo permit;

rodeo school permit holder means a person holding a permit for a rodeo school;

spur rowel means a device attached to the rear of a rider's boot with a wheel (or rowel) that can rotate.

71 Application for a rodeo licence

For the purposes of section 17C(2)(a) of the Act, the prescribed particulars for an application for a rodeo licence are—

(a) the full name of the applicant; and

(b) if the applicant is a body corporate, the name, registered address and an ABN; and

(c) the street and postal address of the applicant; and

(d) a contact telephone number and email address (if any) for the applicant; and

(e) unless the applicant is an approved rodeo organisation, the name of the approved rodeo organisation that the applicant is accredited with; and

(f) an animal welfare plan that includes—

(i) a description of the role or roles that any person employed to assist the applicant will undertake to monitor or discharge requirements under this Part or Division 2 of Part 2 of the Act; and

(ii) a description of the reporting and communication processes that will be implemented by the applicant, and any person employed to assist the applicant, and the nominated veterinary practitioner to support compliance with this Part or Division 2 of Part 2 of the Act; and

(g) the date that the form was signed by the applicant.

72 Application for an individual rodeo or rodeo school permit

For the purposes of section 17C(2)(a) of the Act, the prescribed particulars for an application for a rodeo permit or rodeo school permit are—

(a) the full name of the applicant; and

(b) if the applicant is a body corporate, the name, registered address and registration number of the applicant; and

(c) the street and postal address of the applicant; and

(d) the contact telephone number and email address (if any) of the applicant; and

(e) the location of the rodeo or rodeo school; and

(f) a list of all rodeo or rodeo school events; and

(g) the start and finish date for the rodeo or rodeo school; and

(h) the estimated start and finish time for each day the rodeo or rodeo school is to be operated; and

(i) the full name of the veterinary practitioner nominated by the applicant to attend the rodeo or rodeo school conducted under the permit; and

(j) the street and postal address of the nominated veterinary practitioner; and

(k) the telephone number of the nominated veterinary practitioner; and

(l) the name of the approved rodeo organisation that has accredited the applicant unless—

(i) the applicant is an approved rodeo organisation; or

(ii) the applicant is a member of the organising committee of the event known as the Man from Snowy River Bush Festival and the application is for a permit to operate a brumby catch event at that festival; and

(m) an animal welfare plan that includes—

(i) a description of the role or roles that any person employed to assist the applicant will undertake to monitor or discharge requirements under this Part or Division 2 of Part 2 of the Act; and

(ii) a description of the reporting and communication processes that will be implemented by the applicant, and any person employed to assist the applicant, and the nominated veterinary practitioner to support compliance with this Part or Division 2 of Part 2 of the Act; and

(n) in the case of a rodeo school permit—

(i) the name of the instructor or instructors nominated for each class of instruction; and

(ii) the name of the nominated instructor-in-charge; and

(iii) the name of the approved rodeo organisation that has accredited each instructor; and

(o) the date that the form was signed by the applicant.

73 Conditions for rodeo licences, rodeo permits and rodeo school permits

(1) For the purposes of section 17E(4) of the Act, the prescribed conditions for a rodeo licence, rodeo permit and rodeo school permit are—

(a) the licence or permit holder must—

(i) ensure that proper and sufficient food, water and shelter is provided for all animals involved in a rodeo or rodeo school; and

(ii) ensure that all animals involved in a rodeo or rodeo school are treated in accordance with these Regulations; and

(iii) ensure that equipment used for the rodeo or rodeo school complies with these Regulations; and

(b) the licence or permit holder must not provide, use or allow use of a stimulant or hypnotic substance on any animal that is to take part in a rodeo or rodeo school; and

(c) the licence or permit holder must ensure that the rodeo arena, rodeo school training area, chute and yard fencing for a rodeo or rodeo school—

(i) is strong enough to contain animals; and

(ii) is clearly visible to the animals; and

(iii) is constructed in a manner that is not likely to cause injury or harm to any animal; and

(iv) contains no protrusions likely to cause injury or harm to any animal; and

(d) the licence or permit holder must ensure that any animal in a chute during a rodeo or rodeo school operated under the licence or permit is immediately released if it becomes caught, tries to jump out more than twice or otherwise appears to be in danger of injury or harming itself; and

(e) the licence or permit holder must be accredited by an approved rodeo organisation unless—

(i) the licence or permit holder is an Approved Rodeo Organisation; or

(ii) the permit was granted to operate a brumby catch as part of the event known as the Man from Snowy River Bush Festival.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must comply with the conditions set out in subregulation (1).

74 Approval of rodeo organisations.

(1) An organisation may apply to the Minister to be an approved rodeo organisation.

(2) An application under subregulation (1) must—

(a) include a copy of the organisation's annual report for the preceding year; and

(b) include a copy of the organisation's code of ethics or rules for animal welfare and details of how the code or rules are enforced; and

(c) be accompanied by the application fee of 63 fee units; and

(d) include any other information required by the Minister.

(3) The Minister may, by notice in the Government Gazette, approve a rodeo organisation if the Minister is satisfied that—

(a) the organisation consists of members of the rodeo industry and represents the interests of the rodeo industry; and

(b) the objectives of the organisation provide for the welfare of animals used in rodeos and rodeo schools; and

(c) the organisation has in place a code of ethics or rules covering the protection of the welfare of animals used in rodeos and the code of ethics or rules are enforced.

(4) The Minister may impose conditions on the approval of a rodeo organisation.

(5) An approval under subregulation (3) of an approved rodeo organisation remains in force for the period specified in the notice.

(6) The Minister may, by notice in the Government Gazette, revoke or vary the approval of an approved rodeo organisation at any time if the Minister reasonably believes the organisation no longer satisfies the requirements set out in subregulation (3).

75 Licence or permit holder must produce licence or permit to POCTA inspector

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must produce the permit or licence to a POCTA inspector on demand.

(2) Before demanding the production of the permit or licence, a POCTA inspector must—

(a) announce that the POCTA inspector is authorised to see the permit or licence; and

(b) show the POCTA inspector's identification card to the holder of the permit or licence.

76 Department to be notified of rodeo

The holder of a rodeo licence must notify the Department Head at least 28 days before a rodeo is operated under the licence of—

(a) the date or dates that the rodeo will be held; and

(b) the estimated start and finish times for each day of the rodeo; and

(c) the location where the rodeo will be held; and

(d) the full name of the veterinary practitioner nominated by the applicant to attend the rodeo and the practitioner's street or postal address and contact telephone number; and

(e) a list of all rodeo events to be held at the rodeo; and

(f) unless the licence holder is an approved rodeo organisation, the name of the approved organisation that the licence holder is accredited with.

77 Rodeo and rodeo school must be attended by a veterinary practitioner

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must attend when any rodeo or rodeo school held under the licence or permit is in progress.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that the nominated veterinary practitioner or appointed veterinary practitioner attends when any rodeo or rodeo school held under the licence or permit is in progress.

78 Instructions from veterinary practitioner

The holder of a rodeo licence, rodeo permit or rodeo school permit must accept and implement the instructions of the nominated veterinary practitioner or appointed veterinary practitioner in relation to any animals used or held in relation to any rodeo or rodeo school held under the licence or permit.

79 Duties of veterinary practitioner

(1) If a nominated veterinary practitioner is unable to attend a rodeo or rodeo school for which the practitioner has been nominated, the nominated veterinary practitioner must, as soon as possible but at least 72 hours prior to the commencement date of the rodeo or rodeo school—

(a) appoint another veterinary practitioner to attend the rodeo or rodeo school; and

(b) notify the licence or permit holder in writing of the name and address of the appointed veterinary practitioner.

(2) If, within 72 hours of the rodeo or rodeo school taking place, for reason of an emergency, the nominated veterinary practitioner is unable to attend the rodeo or rodeo school, the nominated veterinary practitioner must inform the Department Head and the licence or permit holder that the practitioner is unable to attend and the name and address of the appointed veterinary practitioner as soon as possible.

(3) Within 28 days of a rodeo or rodeo school taking place, the nominated veterinary practitioner or appointed veterinary practitioner who attended the event must submit to the Department Head a veterinary report detailing the condition of the animals involved in the rodeo or rodeo school and any injuries sustained.

(4) A nominated veterinary practitioner or appointed veterinary practitioner must inspect animals before and after a rodeo or rodeo school for which the veterinary practitioner is nominated or appointed.

(5) A veterinary practitioner must not accept nomination to attend a rodeo or rodeo school unless the veterinary practitioner can demonstrate experience in attending cattle and horses, by having a minimum caseload of 20% for those species over the previous calendar year.

80 Department to be advised of nominated or appointed veterinary practitioner

Upon being notified by a nominated veterinary practitioner under regulation 79(1), the holder of a rodeo licence, rodeo permit or rodeo school permit must notify the Department Head in writing of the name, postal address and contact telephone number of the appointed veterinary practitioner as soon as is reasonably possible but no later than 48 hours prior to the relevant rodeo or rodeo school start date.

81 Types of animals that may be used

The holder of a rodeo licence, rodeo permit or rodeo school permit must not permit animals, other than cattle and horses, to take part in a rodeo or rodeo school held under the licence or permit.

82 Minimum weight for animals

The holder of a rodeo licence, rodeo permit or rodeo school permit must not permit an animal that weighs less than 200 kilograms to take part in a rodeo or rodeo school held under the licence or permit.

83 Minimum age for rodeo horses

The holder of a rodeo licence, rodeo permit or rodeo school permit must not allow use of horses under 3 years of age for bucking events held at a rodeo or rodeo school operated under the licence or permit.

84 Repeat use of animals

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must not allow the use of any animal used for bucking, or cattle used for timed events, in a rodeo or rodeo school event operated under the licence or permit on more than 3 occasions on any one day.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must not allow the use of the same steer for both steer wrestling and roping events at a rodeo or rodeo school conducted under the licence or permit.

85 Inspection of animals before a rodeo or rodeo school

The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that all animals used in a rodeo or rodeo school operated under the licence or permit are inspected before the use of the animals in an event on the day of the rodeo by the licence or permit holder and the nominated veterinary practitioner or appointed veterinary practitioner and that the animals are fit, healthy, without any defects or injuries and suitable for the intended use.

86 Condition of animals used at rodeos or rodeo schools

(1) At all times during a rodeo or rodeo school, the holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that all animals used in the rodeo or rodeo school operated under the licence or permit are fit, healthy, without any defects or injuries and suitable for the intended use.

(2) If during a rodeo, the holder of a rodeo licence, rodeo permit or rodeo school permit has any doubt about whether an animal is fit, healthy, without any defects or injuries and suitable for the intended use, the holder must consult with the nominated veterinary practitioner or appointed veterinary practitioner regarding the health of the animal.

87 Separation of injured animals

The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that injured animals are isolated from other animals while a rodeo is being operated under the licence or permit unless otherwise approved by the nominated veterinary practitioner or appointed veterinary practitioner.

88 Transport of injured animals

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that a suitable method of transport is available on site at all times for moving injured animals from a rodeo arena during or after any rodeo or rodeo school operated under the licence or permit.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that a veterinary practitioner supervises the loading of any injured animals for transportation.

89 Humane destruction of seriously injured animals

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that, during a rodeo or rodeo school operated under the licence or permit, the means to humanely destroy a severely injured animal is available on site.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that, during a rodeo or rodeo school operated under the licence or permit, a person licensed and qualified to humanely destroy an animal is available at all times.

90 Penning of cattle and horses

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that, during any rodeo or rodeo school operated under the licence or permit, cattle and horses are not penned together in the yards.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that, during any rodeo or rodeo school operated under the licence or permit, aggressive animals are isolated from other animals.

91 No rocks, holes or obstacles in arena

The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that a rodeo arena, or the training area at the premises of a rodeo school, is free of rocks, holes and any other obstacles during any rodeo or rodeo school operated under the licence or permit.

92 Removal of animals from the arena

The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that any animal is removed immediately from a rodeo arena or the premises of a rodeo school after completing an event in any rodeo or rodeo school operated under the licence or permit.

93 Foals or calves not yarded or used

The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that, in or at a rodeo or rodeo school conducted under the licence or permit, mares with foals at foot, or cows with calves at foot, are not yarded or used.

94 Fitting saddles

The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that the saddle on a horse used for bucking in a rodeo or rodeo school operated under the licence or permit is correctly fitted.

95 Fitting cinches or girths

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that when fully tightened cinches or girths are used on bucking animals in any rodeo or rodeo school operated under the licence or permit the rear cinch is not over-tightened.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that when fully tightened cinches or girths are used on bucking animals in any rodeo or rodeo school operated under the licence or permit the front cinch or girth is a minimum of 12 centimetres in width.

96 Fitting pads

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure, in any rodeo or rodeo school operated under the licence or permit, that on any horse ridden bareback for bucking pads are placed under the rigging to protect the animals from abrasion or injury.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure, in any rodeo or rodeo school operated under the licence or permit, that on any horse ridden bareback for bucking pads extend to a minimum of 5 centimetres past the back of the rigging.

97 Tightening flank straps and ropes

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that flank straps and ropes are not tightened more than twice on an animal standing in the chute in any rodeo or rodeo school operated under the licence or permit.

(2) The holder of a rodeo licence, rodeo permit or rodeo school permit must only use flank straps and ropes at a rodeo or rodeo school operated under the licence or permit that incorporate a quick-release device.

(3) The holder of a rodeo licence, rodeo permit or rodeo school permit must only use flank straps and ropes at a rodeo or rodeo school operated under the licence or permit that are lined to prevent injury or undue discomfort to the animal.

(4) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure horn wraps that protect the ears and base of the horns from rope burns are used on cattle in roping events at a rodeo or rodeo school operated under the licence or permit.

98 Poking or harming animals

A person at a rodeo or rodeo school must not use any item when handling animals to strike or poke an animal in a manner or with such force that may cause unreasonable pain or injury to an animal.

99 Free-running paddle or spur rowels

(1) A person at a rodeo or rodeo school must not wear or use paddle rowels or spur rowels that are not free-running when riding a horse.

(2) A person at a rodeo or rodeo school must not wear or use spur rowels that are incapable of at least half a turn when riding a bull.

(3) A person at a rodeo or rodeo school must not wear or use spur rowels that are not dulled and a minimum of 3 millimetres in width at the narrowest part.

(4) A person at a rodeo or rodeo school must not wear or use spur rowels that are not a minimum of 2 centimetres to the point of the rowel.

100 Sharp or cutting objects

A person at a rodeo or rodeo school must not use sharp or cutting objects in a cinch, saddle, girth, flank rope or flank strap.

101 Roped animals at rodeos

(1) During a rodeo or rodeo school, a person must not pull a roped animal backward off its feet.

(2) During a rodeo or rodeo school, a person must not allow a roped animal to be dragged.

102 Animals permitted in arena

While a rodeo or rodeo school is being held, a person must not bring animals other than cattle and horses used for the rodeo or rodeo school into a rodeo arena during an event at the rodeo or into the training area at the premises of the rodeo school.

103 Motor vehicles in arena

(1) The holder of a rodeo licence, rodeo permit or rodeo school permit must ensure that no motor vehicle is present in the arena while the rodeo or rodeo school is being held, unless the vehicle is required in an emergency.

(2) Without limiting subregulation (1), emergency includes a situation in which an animal is injured and cannot be transported without motor vehicle assistance.

104 Fireworks prohibited

(1) A person must not use fireworks or flares while any animals are in the arena or chutes as part of a rodeo.

(2) A person must not use fireworks or flares at the premises of a rodeo school while the school is being held.

105 Drugs and alcohol prohibited

(1) A person must not take part in a rodeo or rodeo school or handle animals in the holding yards, chute, rodeo arena or premises of a rodeo or rodeo school if the person has a concentration of alcohol in the blood or breath of 0⋅05% or more.

(2) A person must not take part in a rodeo or rodeo school or handle animals in the holding yards, chute, rodeo arena or premises of a rodeo or rodeo school if the person is under the influence of drugs.

Part 5—Scientific procedures

Division 1—Scientific procedure premises licence

106 Application for the issue or renewal of a scientific procedures premises licence

For the purposes of sections 30(2) and 32J(2) of the Act, the prescribed particulars for an application for the issue or renewal of a scientific procedures premises licence are—

(b) if the applicant is a body corporate, the name, registered address and ACN or, if no ACN exists, a reference to the legislation under which the body is established, and its address; and

(c) the name, title, address, telephone contact details, email address (if any), and employment position of the person nominated for the purposes of section 26(2) of the Act; and

(d) the names, qualifications and relevant experience of the members of each Animal Ethics Committee to be nominated for that licence; and

(e) if more than one Animal Ethics Committee is to be nominated for a licence, specification of each committee's proposed functions and responsibilities under the licence; and

(f) the name and location of the scientific premises at which it is intended to carry out scientific procedures; and

(g) a declaration by the person nominated for the purposes of section 26(2) of the Act that the person consents to that nomination.

107 Conditions on scientific procedures premises licences

For the purposes of section 32 of the Act, the conditions set out in regulations 108 to 117 are prescribed for scientific procedures premises licences.

108 Compliance with codes of practice

All scientific procedures carried out under the scientific procedures premises licence must be carried out in accordance with the Australian Code and the Laboratory Animals Code of Practice.

109 Nomination and membership of Animal Ethics Committees

(1) The holder of a scientific procedures premises licence must use only the Animal Ethics Committee or Committees nominated under the licence for the purposes of the licence.

(2) If an Animal Ethics Committee nominated by the licence holder does not carry out its functions under the licence in accordance with the Australian Code, the licence holder must nominate another Animal Ethics Committee to take the place of the earlier nominated committee.

(3) Before making a nomination under subregulation (2), the licence holder must notify the Department Head of the proposal to make the nomination.

(4) If the holder of a scientific procedure premises licence appoints a new member to an Animal Ethics Committee nominated by the licence holder, the licence holder must notify the Department Head of the name, qualifications and relevant experience of the new member before the appointment takes effect.

(5) If a member of an Animal Ethics Committee nominated by the holder of a scientific procedures premises licence resigns, the licence holder must notify the Department Head within 7 business days.

110 Mandatory Training for Animal Ethics Committees

(1) If the holder of a scientific procedures premises licence is responsible for the operation of an Animal Ethics Committee nominated for the licence, the licence holder must ensure that all members of that Animal Ethics Committee appointed on or after 14 December 2019 comply with regulation 144.

(2) If the holder of a scientific procedures premises licence nominates for the licence an Animal Ethics Committee operated by another entity, the licence holder must take reasonable action to ensure that the entity responsible for the operation of the Animal Ethics Committee ensures that all members of that Animal Ethics Committee appointed on or after 14 December 2019 comply with regulation 144.

111 Functions of Animal Ethics Committee

(1) Any scientific procedure or program of scientific procedures carried out under the scientific procedures premises licence must not commence until the Animal Ethics Committee nominated for the licence, in relation to the procedure or program of scientific procedures, has approved—

(a) the procedure or program of procedures; and

(b) the premises at which the procedure or program of procedures is to be carried out; and

(c) the person or persons who are to carry out the procedure or program of procedures.

(2) The holder of a scientific procedures premises licence must ensure that all Animal Ethics Committees nominated for the licence act in accordance with the Australian Code, in relation to any scientific procedure or program of scientific procedures carried out under the licence, when—

(a) making any recommendation and approvals as to the use of animals in the procedure or program; or

(b) supervising the carrying out of the procedure or program; or

(c) performing any other function in relation to the procedure or program.

112 Premises specified in the licence

All scientific procedures carried out under a scientific procedures premises licence must be carried out on premises specified in the licence.

113 Obligations as to persons acting under the licence

Any person carrying out a scientific procedure or program of scientific procedures under a scientific procedures premises licence must conduct the procedure in accordance with the approval given by the Animal Ethics Committee nominated for the licence, and any recommendations and conditions imposed by the Animal Ethics Committee.

114 Sources of animals used under the licence

(1) Any specified animal that is used in any scientific procedure or program of scientific procedures carried out under a scientific procedures premises licence must have been bred at—

(a) a scientific premises for which a scientific procedures premises licence has been granted, where the breeding of the animal has been carried out for the purposes of scientific procedures to be carried out at the premises; or

(c) premises within Australia but outside Victoria which comply with all relevant requirements for the breeding of specified animals that are imposed by the State or Territory in which the premises are located; or

(d) premises outside Australia which comply with all relevant requirements for the breeding of specified animals that are imposed by the country in which the premises are located.

(2) Despite subregulation (1), a specified animal that has been bred in its native habitat must not be used for a scientific procedure or program of scientific procedures under a scientific procedures premises licence or for breeding for the purposes of such a procedure or program.

(3) Subregulation (1) does not apply to a licence issued for the purposes of scientific procedures undertaken by or at—

(a) a TAFE institute, RTO or registered school within the meaning of the Education and Training Reform Act 2006; or

(b) a licensed children's service within the meaning of the Children's Services Act 1996; or

(c) an approved education and care service within the meaning of the Education and Care Services National Law (Victoria).

(4) An animal must not be procured or obtained from an animal pound or shelter for use in a scientific procedure or program under a scientific procedures premises licence, unless—

(a) the objective of the procedure or program of procedures is to promote the welfare of animals that are housed in pounds or shelters; or

(b) the objective of the procedure or program of procedures is to train students in a nationally endorsed competency unit of an accredited education course or training package, and—

(i) the procedure or procedures would normally occur as part of routine management or veterinary clinical management of the animal; and

(ii) the animal is not subjected to anything additional to routine management or veterinary clinical management of the animal; and

(iii) the person conducting training is competent to carry out the procedure or procedures.

115 Animal care and welfare

(1) The holder of a scientific procedures premises licence must ensure that the husbandry practices and care of animals—

(a) undergoing scientific procedures under the licence; or

(b) kept in breeding colonies for the purposes of the licence; or

(c) kept as stock animals for the purposes of the licence—

are carried out in accordance with the Australian Code and the Laboratory Animals Code of Practice.

(2) All animal housing, facilities and equipment used for the purposes of a scientific procedures premises licence must comply with the Australian Code and the Laboratory Animals Code of Practice.

(3) A person must not carry out a scientific procedure under a scientific procedures premises licence involving the eye of any animal to determine irritancy of a chemical or biological agent unless the procedure is carried out under terminal anaesthesia.

(4) A person must not carry out a scientific procedure or program of scientific procedures under a scientific procedures premises licence involving the death of an animal as an endpoint, where the death is a deliberate measure in the procedure and where there will be no intervention to kill the animal humanely before death occurs in the course of the procedure or procedures, unless—

(a) the objective of the procedure or program of procedures cannot be achieved by any other scientific means; and

(b) the procedure or program of procedures is approved by the Minister and are carried out in accordance with any conditions determined by the Minister; and

(c) the procedure or program of procedures is related to—

(i) potentially lifesaving treatment for animals or human beings; or

(ii) research in connection with cancer in animals or human beings; or

(iii) development and assessment of the humaneness of lethal vertebrate pest control agents; or

(iv) investigation of environmental contaminants.

116 Prohibition on the use of non-human hominids

A person must not carry out a scientific procedure under a scientific procedures premises licence on a non-human hominid unless—

(a) the Minister determines—

(i) it is in the best interests of that non‑human hominid; or

(ii) it is in the best interests of the genus to which the non-human hominid belongs, and that the benefits to be derived from the use of the non-human hominid are not outweighed by the likely harm to the non-human hominid; or

(iii) it is necessary to protect human health and the objective of the procedure cannot be achieved by any other scientific means; and

(b) the procedure is approved by the Minister and conducted in accordance with any conditions determined by the Minister.

117 Change of nominated person

(1) If the holder of a scientific procedures premises licence wants to change the person nominated for the purposes of section 26(2) of the Act, the licence holder must do so by notice in writing to the Department Head.

(ii) the contact details for the person including telephone number, email and address of the person;

(iii) the effective date of the change to the nominated person;

118 Minimum standards for scientific premises

(1) The holder of a scientific procedures premises licence must ensure that—

(a) the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

(2) The nominee for a scientific procedures premises licence must ensure that—

(a) the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

Division 2—Scientific procedures field work licence

119 Application for the issue or renewal of a scientific procedures field work licence

For the purposes of sections 32B(2) and 32J(2) of the Act, the prescribed particulars for an application for the issue or renewal of a scientific procedures field work licence are—

(b) if the applicant is a body corporate, the name, registered address and ACN or, if no ACN exists, a reference to the legislation under which the body is established, and its address; and

(c) the name, title, address, telephone, email address (if any) and employment position of the person nominated for the purposes of section 27(1A) of the Act; and

(d) the names, qualifications and relevant experience of the members of each Animal Ethics Committee to be nominated for that licence; and

(e) if more than one Animal Ethics Committee is to be nominated for a licence, specification of each committee's proposed functions and responsibilities under the licence; and

(f) a declaration by the person nominated for the purposes of section 27(1A) of the Act that the person consents to that nomination.

120 Conditions on scientific procedures field work licences

For the purposes of section 32D of the Act, the conditions set out in regulations 121 to 130 are prescribed for scientific procedures field work licences.

121 Compliance with codes of practice

All scientific procedures carried out under the scientific procedures field work licence must be carried out in accordance with the Australian Code and the Laboratory Animals Code of Practice.

122 Nomination and membership of Animal Ethics Committees

(1) The holder of a scientific procedures field work licence must use only the Animal Ethics Committee or Committees nominated under the licence for the purposes of the licence.

(2) If an Animal Ethics Committee nominated by the licence holder does not carry out its functions under the licence in accordance with the Australian Code, the licence holder must nominate another Animal Ethics Committee to take the place of the earlier nominated committee.

(3) Before making a nomination under subregulation (2), the licence holder must notify the Department Head of the proposal to make the nomination.

(4) If the holder of a scientific procedures field work licence appoints a new member to an Animal Ethics Committee nominated by the licence holder, the licence holder must notify the Department Head of the name, qualifications and relevant experience of the new member before the appointment takes effect.

(5) If a member of an Animal Ethics Committee nominated by the licence holder resigns, the licence holder must notify the Department Head within 7 business days.

123 Mandatory training for Animal Ethics Committees

(1) If the holder of a scientific procedures field work licence is responsible for the operation of an Animal Ethics Committee nominated for the licence, the licence holder must ensure that all members of that Animal Ethics Committee appointed on or after 14 December 2019 comply with regulation 144.

(2) If the holder of a scientific procedures field work licence nominates for the licence an Animal Ethics Committee operated by another entity, the licence holder must take reasonable action to ensure that the entity responsible for the operation of the Animal Ethics Committee ensures that all members of that Animal Ethics Committee appointed on or after 14 December 2019 comply with regulation 144.

124 Functions of Animal Ethics Committees

(1) Any scientific procedure or program of scientific procedures carried out under the scientific procedures field work licence must not commence until the Animal Ethics Committee nominated for the licence, in relation to the procedure or program of scientific procedures, has approved—

(a) the procedure or program of procedures; and

(b) the place at which the procedure or program of procedures is to be carried out; and

(c) the person or persons who are to carry out the procedure or program of procedures.

(2) The holder of a scientific procedures field work licence must ensure that all Animal Ethics Committees nominated for the licence act in accordance with the Australian Code, in relation to any scientific procedure or program of scientific procedures carried out under the licence, when—

(a) making any recommendation and approvals as to the use of animals in the procedure or program; or

(b) supervising the carrying out of the procedure or program; or

(c) performing any other function in relation to the procedure or program.

125 Obligations as to persons acting under the licence

Any person carrying out a scientific procedure or program of scientific procedures under a scientific procedures field work licence must conduct the procedure in accordance with the approval given by the Animal Ethics Committee nominated for the licence, and any recommendations and conditions imposed by the Animal Ethics Committee.

126 Sources of animals used under the licence

(1) Any specified animal that is used in any scientific procedure or program of scientific procedures carried out under a scientific procedures field work licence must have been bred at—

(a) a scientific premises for which a scientific procedures premises licence has been granted, where the breeding of the animal has been carried out for the purposes of scientific procedures to be carried out at the premises; or

(c) premises within Australia but outside Victoria which comply with all relevant requirements for the breeding of specified animals that are imposed by the State or Territory in which the premises are located; or

(d) premises outside Australia which comply with all relevant requirements for the breeding of specified animals that are imposed by the country in which the premises are located.

(2) Despite subregulation (1), a specified animal that has been bred in its native habitat must not be used for a scientific procedure or program of scientific procedures under the licence or for breeding for the purposes of such a procedure or program.

(3) Subregulation (1) does not apply to a licence issued for the purposes of scientific procedures undertaken by or at—

(a) a TAFE institute, RTO or registered school within the meaning of the Education and Training Reform Act 2006; or

(b) a licensed children's service within the meaning of the Children's Services Act 1996; or

(c) an approved education and care service within the meaning of the Education and Care Services National Law (Victoria).

(4) An animal must not be procured or obtained from an animal pound or shelter for use in a scientific procedure or program of scientific procedures under a scientific procedures field work licence, unless—

(a) the objective of the procedure or program of procedures is to promote the welfare of animals that are housed in pounds or shelters; or

(b) the objective of the procedure or program of procedures is to train students in a nationally endorsed competency unit of an accredited education course or training package, and—

(i) the procedure or procedures would normally occur as part of routine management or veterinary clinical management of the animal; and

(ii) the animal is not subjected to anything additional to routine management or veterinary clinical management of the animal; and

(iii) the person conducting training is competent to carry out the procedure or procedures.

127 Animal care and welfare

(1) The holder of a scientific procedures field work licence must ensure that the husbandry practices and care of animals—

(a) undergoing scientific procedures under the licence; or

(b) kept in breeding colonies for the purposes of the licence; or

(c) kept as stock animals for the purposes of the licence—

are carried out in accordance with the Australian Code and the Laboratory Animals Code of Practice.

(2) All animal housing, facilities and equipment used for the purposes of a scientific procedures field work licence must comply with the Australian Code and the Laboratory Animals Code of Practice.

(3) A person must not carry out a scientific procedure under a scientific procedures field work licence involving the eye of any animal to determine irritancy of a chemical or biological agent unless the procedure is carried out under terminal anaesthesia.

(4) A person must not carry out a scientific procedure or program of scientific procedures under a scientific procedures field work licence involving the death of an animal as an endpoint, where the death is a deliberate measure in the procedure and where there will be no intervention to kill the animal humanely before death occurs in the course of the procedure or procedures, unless—

(a) the objective of the procedure or program of procedures cannot be achieved by any other scientific means; and

(b) the procedure or program of procedures is approved by the Minister and is carried out in accordance with any conditions determined by the Minister; and

(c) the procedure or program of procedures is related to—

(i) potentially lifesaving treatment for animals or human beings; or

(ii) research in connection with cancer in animals or human beings; or

(iii) development and assessment of the humaneness of lethal vertebrate pest control agents; or

(iv) investigation of environmental contaminants.

128 Prohibition on the use of non-human hominids

A person must not carry out a scientific procedure under a scientific procedures field work licence on a non-human hominid unless—

(a) the Minister determines—

(i) it is in the best interests of that non‑human hominid; or

(ii) it is in the best interests of the genus to which the non-human hominid belongs, and that the benefits to be derived from the use of the non-human hominid are not outweighed by the likely harm to the non-human hominid; or

(iii) it is necessary to protect human health and the objective of the procedure cannot be achieved by any other scientific means; and

(b) the procedure is approved by the Minister and conducted in accordance with any conditions determined by the Minister.

129 Notification of procedures to Department Head for interstate Animal Ethics Committees

If an Animal Ethics Committee that is located in another State or Territory has been nominated for a scientific procedures field work licence, the licence holder must ensure that the Department Head is notified in writing of—

(a) the place at which the scientific procedure or program of scientific procedures is to be carried out; and

(b) a description of the procedure or program of procedures to be carried out at the place; and

(c) a description of the animals proposed to be used in the procedure or program of procedures—

before a scientific procedure or a program of scientific procedures to be conducted under the licence may commence in Victoria.

130 Change of nominated person

(1) If the holder of a scientific procedures field work licence wants to change the person nominated for the purposes of section 27(1A) of the Act the licence holder must do so by notice in writing to the Department Head.

(ii) the contact details for the person including the telephone number, email and address of the person;

(iii) the date of the change of person;

131 Minimum standards for field work

(1) The holder of a scientific procedures field work licence must ensure that—

(a) the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

(2) A nominee for a scientific procedures field work licence must ensure that—

(a) the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

Division 3—Specified animals breeding licence

132 Application for the issue or renewal of a specified animals breeding licence

For the purposes of sections 32F(2) and 32J(2) of the Act, the prescribed particulars for an application for the issue or renewal of a specified animals breeding licence are—

(b) if the applicant is a body corporate, the name, registered address and ACN or, if no ACN exists, a reference to the legislation under which the body is established, and its address; and

(c) the name, title, address, telephone, email address (if any) and employment position of the person nominated for the purposes of section 28(1A) of the Act; and

(d) the names, qualifications and relevant experience of the members of each Animal Ethics Committee to be nominated for that licence to perform functions as required by the Australian Code; and

(e) if more than one Animal Ethics Committee is to be nominated for the licence, specification of each committee's proposed functions and responsibilities under the licence; and

(f) the name and location of the premises at which the breeding of specified animals and any practices which are necessary for the breeding, sale and delivery of specified animals will be carried out; and

(g) a declaration by the person nominated for the purposes of section 28(1A) of the Act that the person consents to that nomination.

133 Conditions on specified animals breeding licences

For the purposes of section 32H of the Act, the conditions set out in regulations 134 to 142 are prescribed for specified animals breeding licences.

134 Compliance with codes of practice

All breeding of specified animals and related practices under the specified animals breeding licence which may involve the surgical, medical or physical treatment or extraction or derivation of tissues, material or substance from the bodies of specified animals may only be conducted if—

(a) they are necessary for the breeding, sale and delivery of specified animals; and

(b) they are carried out in accordance with the Australian Code and the Laboratory Animals Code of Practice.

135 Nomination and membership of Animal Ethics Committees

(1) The holder of a specified animals breeding licence must use only the Animal Ethics Committee or Committees nominated under the licence for the purposes of the licence.

(2) If an Animal Ethics Committee nominated by the licence holder does not carry out its functions under the licence in accordance with the Australian Code, the licence holder must nominate another Animal Ethics Committee to take the place of the earlier nominated committee.

(3) Before making a nomination under subregulation (2), the licence holder must notify the Department Head of the proposal to make the nomination.

(4) If the licence holder appoints a new member to an Animal Ethics Committee nominated by the licence holder, the licence holder must notify the Department Head of the name, qualifications and relevant experience of the new member before the appointment takes effect.

(5) If a member of an Animal Ethics Committee nominated by the licence holder resigns, the licence holder must notify the Department Head within 7 business days.

136 Mandatory training for Animal Ethics Committees

(1) If the holder of a specified animals breeding licence is responsible for the operation of an Animal Ethics Committee nominated for the licence, the licence holder must ensure that all members of that Animal Ethics Committee appointed on or after 14 December 2019 comply with regulation 144.

(2) If the holder of a specified animals breeding licence nominates an Animal Ethics Committee operated by another entity, the licence holder must take reasonable action to ensure that the entity responsible for the operation of the Animal Ethics Committee ensure that all members of that Animal Ethics Committee appointed on or after 14 December 2019 comply with regulation 144.

137 Functions of Animal Ethics Committees

(1) Any use of animals in breeding or practices necessary for the breeding, sale and delivery of specified animals carried out under the specified animals breeding licence must not commence until the Animal Ethics Committee nominated for the licence has approved—

(a) the breeding and practices which are necessary for the breeding, sale or delivery of the specified animals under the licence; and

(b) the premises at which those breeding and practices are to be carried out; and

(c) the person or persons who are to carry out those breeding and practices.

(2) The holder of a specified animals breeding licence must ensure that all Animal Ethics Committees nominated for the licence act in accordance with the Australian Code, in relation to breeding or practices carried out under the licence, when—

(a) making recommendations and giving approvals as to the use of animals in breeding and practices necessary for the breeding, sale and delivery of specified animals; and

(b) the supervision of the carrying out of the breeding and practices under that licence; and

(c) performing any other function in relation to the breeding and practices under that licence.

138 Premises specified in the licence

All breeding and practices which are necessary for the breeding, sale or delivery of specified animals carried out under a specified animals breeding licence must be carried out on premises specified in the licence.

139 Obligations as to persons acting under the licence

Any person carrying out breeding or practices necessary for the breeding, sale and delivery of specified animals under a specified animals breeding licence must conduct the breeding or practice in accordance with the approval given by the Animal Ethics Committee nominated for the licence, and any recommendations and conditions imposed by the Animal Ethics Committee.

140 Sources of animals used under the licence

(1) Any specified animal that is used for breeding under a specified animals breeding licence must have been bred at—

(a) a scientific premises for which a scientific procedures premises licence has been granted, where the breeding of the animal has been carried out for the purposes of supply for use in scientific procedures; or

(c) premises within Australia but outside Victoria which comply with all relevant requirements for the breeding of specified animals that are imposed by the State or Territory in which the premises are located; or

(d) premises outside Australia which comply with all relevant requirements for the breeding of specified animals that are imposed by the country in which the premises are located.

(2) Despite subregulation (1), a specified animal that has been bred in its native habitat must not be used for breeding under the licence.

141 Animal care and welfare

(1) The holder of a specified animals breeding licence must ensure that the husbandry and care of animals kept for the purposes of the licence are carried out in accordance with the Australian Code and the Laboratory Animals Code of Practice.

(2) All animal housing, facilities and equipment used for the purposes of a specified animals breeding licence must comply with the Australian Code and the Laboratory Animals Code of Practice.

142 Change of nominated person

(1) If the holder of a specified animals breeding licence wants to change the person nominated for the purposes of section 28(1A) of the Act, the licence holder must do so by notice in writing to the Department Head.

(ii) the contact details for the person including telephone number, email, address of the person;

(iii) the date of the change to the nominated person;

143 Minimum standards for premises specified in a specified animals breeding licence

(1) The holder of a specified animals breeding licence must ensure that—

(a) the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

(b) the equipment used for animals undergoing any breeding or practices necessary for the breeding, sale and delivery of specified animals is clean and in good repair.

(2) The nominee for a specified animals breeding licence must ensure that—

(a) the facilities used for housing or handling animals for the purposes of the licence are clean, safe for animals and in good repair; and

(b) the equipment used for animals undergoing any breeding or practices necessary for the breeding, sale and delivery of specified animals is clean and in good repair.

Division 4—Records, returns and other requirements

144 Obligations as to Animal Ethics Committee members

(1) The Minister may approve, by notice in the Government Gazette, training for members of Animal Ethics Committees.

(2) The training must address obligations and responsibilities of members of Animal Ethics Committees under the Australian Code.

(3) A member appointed to an Animal Ethics Committee on or after 14 December 2019 must, prior to or within 6 months of their appointment, complete a training course approved by the Minister under this regulation.

Penalty: 5 penalty units.

145 Completion of annual returns

(1) The holder of a scientific procedures premises licence, scientific procedures field work licence or a specified animals breeding licence must, on or before 31 March of each year, send to the Department Head a return containing the following—

(a) details of the animals used in scientific procedures carried out under that licence and (if applicable) specified animals bred under that licence during the 12 months ending on 31 December in the previous year; or

(b) if no animals were used in any procedures under the licence, a statement to that effect.

(2) For the purposes of subregulation (1)(a), where one or more animals have been assigned to a scientific procedure approved by an Animal Ethics Committee, a return for a scientific procedures premises licence or a scientific procedures field work licence must specify the following matters in the form determined by the Minister—

(a) the name of the licence holder;

(b) the type, name and number of the licence;

(c) the project number given to the project by the relevant Animal Ethics Committee;

(d) the date the project was approved by the relevant Animals Ethics Committee;

(e) the type of animal or animals;

(f) the source of the animal or animals;

(g) the procedure or breeding option for the animal or animals;

(h) the overall purpose of the project;

(i) the impact of the project on the animals used;

(j) the benefit of the project to humans or animals;

(k) the number of animals used;

(l) the number of animals that died, including the number of animals that were humanely destroyed during the project or breeding program.

(3) For the purposes of subregulation (1)(a), where breeding of specified animals has occurred, a return for a scientific procedures premises licence, a scientific procedures field work licence or a specified animals breeding licence for those animals must specify the following matters in the form determined by the Minister—

(a) the name of the licence holder;

(b) the type, name and number of the licence;

(c) the identification number given to the breeding approval by the relevant Animal Ethics Committee;

(d) the date the breeding was approved by the relevant Animals Ethics Committee;

(e) the type of animal;

(f) the source of the animal or animals;

(g) the procedure or breeding option used;

(h) the overall purpose of the breeding;

(i) the impact of the project on the animal or animals;

(j) the benefit of the breeding to humans or animals;

(k) the number of animals used as breeders;

(l) the number of stock animals produced;

(m) the number of animals that died, including the number of animals that were humanely destroyed during the project or breeding program.

(4) The licence holder must not give false or misleading information to the Department Head under subregulation (1).

(5) The licence holder must send the following documents with the return to the Department Head under subregulation (1)—

(a) a declaration verifying the facts contained in the return; and

(b) a statement of the total number of projects approved by an Animal Ethics Committee under that licence.

146 Return of records

(1) The holder of a scientific procedures premises licence, scientific procedures field work licence or specified animals breeding licence must keep all records required to be kept in accordance with the Australian Code for 4 years.

(2) If the holder of a scientific procedures premises licence, a scientific procedures field work licence or a specified animals breeding licence ceases to hold the licence, the licence holder must give to the Department Head any records that would otherwise be required to be kept under subregulation (1).