Animal Welfare Act 2002
Reprint 1: The Act as at 13 October 2006
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Validation, transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Western Australia
Animal Welfare Act 2002
CONTENTS
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Content and intent2
4.Act binds the Crown2
5.Interpretation3
Part 2 — Use of animals for scientific purposes
6.Unlicensed use of animals for scientific purposes prohibited6
7.Carrying on business supplying animals for scientific purposes6
8.Application for issue or renewal of licence7
9.Matters to be considered7
10.Minister to issue or renew or decline to issue or renew8
11.Conditions on licences8
12.Further conditions may be imposed9
13.Licensee to ensure staff and students comply with conditions9
14.Display of licence and code of practice10
15.Duration of a licence11
16.Licence not transferable11
17.Suspension and revocation11
18.Register of licences12
Part 3 — Offences against animals
19.Cruelty to animals14
20.Defence — self‑defence or protecting another person or an animal15
21.Defence — veterinary care16
22.Defence — authorised by law16
23.Defence — normal animal husbandry17
24.Defence — killing pests17
25.Defence — code of practice18
26.Defence — stock fending for itself18
27.Defence — releasing animals into the wild18
28.Defence — where person in charge is not in actual custody19
29.Defence — prescribed use of devices19
30.Defence — prescribed surgical or similar operations, practices and activities19
31.Possession of things intended to inflict cruelty20
32.Shooting, hunting or fighting captive animals20
Part 4 — Inspectors
Division 1 — Appointment of inspectors
33.Appointment of general inspectors22
34.Appointment of scientific inspectors23
35.Restricted appointments23
36.Identification card24
Division 2 — Functions and powers of inspectors
37.Functions and powers of inspectors25
38.Power to enter a place26
39.Power to enter vehicles27
40.Care of animals28
41.Humane destruction of animals28
42.Seizure of animals29
43.Seizure of other property29
44.Dealing with seized property29
45.Dealing with seized fauna31
46.Power to require information31
47.Other powers of inspectors32
48.Performance of an inspector’s functions33
Division 3 — Additional powers of scientific inspectors
49.Direction to suspend use and referral to animal ethics committee34
50.Directions to licensees and their staff35
51.Power to require information36
52.Advice regarding licensing matters36
53.Attendance at meetings of animal ethics committees37
Part 5 — Enforcement
Division 1 — Additional court orders
54.Court may order a post mortem38
55.Orders additional to penalty38
56.Order for reimbursement of costs40
57.Order for retention of seized property41
58.Costs42
Division 2 — Warrants
59.Grounds for a search warrant42
60.Grounds for a warrant to seize animal42
61.Form of warrant43
62.Urgent warrants43
Division 3 — Infringement notices
63.Interpretation for Division 344
64.Appointment of authorised persons44
65.Giving infringement notices44
66.Content of infringement notice45
67.Extension of time to pay45
68.Withdrawal of infringement notice45
69.Benefit of paying modified penalty45
70.Application of modified penalties paid46
Division 4 — Review of decisions
71.Interpretation for Division 446
72.Aggrieved person may make an objection47
73.Dealing with an objection48
74.Aggrieved person may apply for a review48
Division 5 — Offences
76.Misleading information49
77.Obstruction of inspectors49
78.Pretending to be an inspector50
79.Continuing offences50
80.Liability of officers for offence by body corporate or scientific establishments50
81.Partnerships51
Division 6 — General
82.Commencement of proceedings for offences52
83.Evidentiary provisions53
84.Breach of code of practice not sufficient to prove cruelty54
85.Death of animal not sufficient to prove cruelty54
86.Application of fines54
87.Disposal of forfeited property54
88.Penalties for body corporate55
Part 6 — Miscellaneous
89.General power of CEO56
90.Delegation56
91.Improper use of information56
92.Protection from liability57
93.Owner may claim compensation for injury or death57
94.Regulations58
Notes
Compilation table60
Provisions that have not come into operation60
Defined Terms
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Western Australia
Animal Welfare Act 2002
An Act to provide for the welfare, safety and health of animals, to regulate the use of animals for scientific purposes, and for related purposes.
This Act may be cited as the Animal Welfare Act 2002 1.
(1)This Act comes into operation on a day fixed by proclamation 1.
(2)Different days may be fixed under subsection (1) for different provisions.
(1)This Act provides for the protection of animals by —
(a)regulating the people who may use animals for scientific purposes, and the manner in which they may be used; and
(b)prohibiting cruelty to, and other inhumane or improper treatment of, animals.
(2)This Act intends to —
(a)promote and protect the welfare, safety and health of animals;
(b)ensure the proper and humane care and management of all animals in accordance with generally accepted standards; and
(c)reflect the community’s expectation that people who are in charge of animals will ensure that they are properly treated and cared for.
This Act binds the Crown in right of the State and, so far as the legislative power of Parliament permits, in all its other capacities.
(1)In this Act —
“Agriculture WA” means the department of the Public Service principally assisting with the administration of the Agriculture Act 1988;
“animal” means —
(a)a live vertebrate; or
(b)a live invertebrate of a prescribed kind,
other than a human or a fish (as defined in the Fish Resources Management Act 1994);
“animal ethics committee” means an animal ethics committee established by a scientific establishment in accordance with the scientific use code;
“CALM” means the department of the Public Service principally assisting with the administration of the Conservation and Land Management Act 1984;
“CEO” means the chief executive officer of the Department;
“code of practice” means a code of practice adopted under section 94(2)(d);
“Department” means the department of the Public Service principally assisting the Minister in the administration of this Act;
“fauna” has the same meaning as in the Wildlife Conservation Act 1950;
“Fisheries Western Australia” means the department of the Public Service principally assisting with the administration of the Fish Resources Management Act 1994;
“general inspector” means a police officer or a person appointed as a general inspector under section 33;
“harm” includes —
(a)injury;
(b)pain; and
(c)distress evidenced by severe, abnormal physiological or behavioural reactions;
“inspector” means a general inspector or a scientific inspector;
“licence” means a licence issued under Part 2;
“non‑residential place” —
(a)means any place except a building, vehicle or other structure in which a person ordinarily lives; and
(b)includes gardens, yards or other land surrounding, and sheds or other outbuildings near, such a building or other structure;
“person in charge”, in relation to an animal, means —
“place” means anywhere at all, whether or not that place can be moved, but does not include a vehicle;
“RSPCA” means The Royal Society for the Prevention of Cruelty to Animals, Western Australia (Incorporated);
“scientific establishment” means a person who uses, or whose staff or students use, animals for scientific purposes;
“scientific inspector” means a person appointed as a scientific inspector under section 33(5) or 34;
“scientific purposes” means acquiring, developing or demonstrating knowledge or techniques in a scientific discipline, other than in prescribed circumstances, and includes —
(a)teaching;
(b)research;
(c)product development or testing; and
(d)carrying out a prescribed activity;
“scientific use code” means the prescribed code of practice for the care and use of animals for scientific purposes;
“staff”, in relation to a person, includes —
(a)all the people working for, or engaged by, that person whether as officers, employees, agents, contractors, volunteers or in any other capacity;
(b)if the person is a scientific establishment, all the people who use the establishment’s facilities for scientific purposes;
(c)if the person is a body corporate, its directors, secretary and executive officers; and
(d)if the person is a partnership, the partners;
“vehicle” includes a train, vessel, aircraft and any other thing used as a means of transport;
“veterinary surgeon” means a veterinary surgeon registered under the Veterinary Surgeons Act 1960.
(2)Regulations cannot be made to prescribe pearl oysters (as defined in the Pearling Act 1990) for the purposes of paragraph (b) of the definition of “animal”.
[Section 5 amended by No. 28 of 2006 s. 352.]
Part
6.Unlicensed use of animals for scientific purposes
(a)the person is —
(i)a scientific establishment that holds; or
(ii)a member of staff of, or a student at, a scientific establishment that holds,
a licence authorising that use;
(c)the person uses the animals in accordance with that licence and approval.
Penalty: $50 000 and imprisonment for 5 years.
(2)A licensed scientific establishment must not allow animals to be used for scientific purposes at a place to which that licence relates unless that use is permitted under subsection (1).
Penalty: $50 000 and imprisonment for 5 years.
Penalty: $50 000 and imprisonment for 5 years.
8.Application for issue or renewal of
(2)An applicant must provide to the Minister any other information relating to the application that the Minister reasonably requires for the proper consideration of the application.
(3)An application for the renewal of a licence must be made no later than 42 days before the day on which the licence is due to expire or at such later time as the Minister, having regard to section 10(2)(b), allows.
(a)the scientific establishment either —
(i)has an animal ethics committee; or
(ii)has made arrangements for the animal ethics committee for another scientific establishment to act as its animal ethics committee;
and
(b)the scientific establishment complies with, and will continue to comply with, the scientific use code.
(a)whether the applicant and the applicant’s staff are experienced and competent —
(i)in the case of a licence to use animals for scientific purposes, in using animals for scientific purposes; and
(ii)in all cases, in caring for and handling animals of the kind to be used or supplied;
(c)whether a licence held by the applicant has ever been suspended or revoked or the applicant has ever been disqualified from holding a licence;
(d)whether the welfare, safety and health of the animals is adequately protected;
(f)whether, in all other respects, the Minister considers it appropriate for the applicant to hold the licence.
(1)After considering an application in accordance with section 9 the Minister is to —
(b)decline to issue or renew the licence.
(2)If the Minister declines to issue or renew a licence the Minister is to give to the applicant written notice setting out the decision and the reasons for it —
(a)in the case of an application for the issue of a licence, no more than 28 days after the decision is made; and
(a)the place at which the animals may be used or kept;
(b)codes of practice (other than the scientific use code) that must be complied with;
(c)the conditions under which the animals are, or are not, to be kept;
(d)the facilities and equipment that are, or are not, to be used in relation to the animals;
(e)the procedures to be followed by the licensee and the licensee’s staff and students in specified situations; and
(f)the people who are, or are not, to be involved in the care of the animals.
(1)When issuing or renewing a licence the Minister may impose such other conditions as are set out in, or provided to the licensee with, the licence.
(2)The Minister may amend or remove the conditions imposed on a licence under this section by giving at least 21 days written notice of the amendment to the licensee.
(3)Conditions imposed under this section may deal with any matter in respect of which conditions could be prescribed for the purposes of section 11(1).
13.Licensee to ensure staff and students comply with conditions
A licensee must take all reasonable steps to ensure that the licensee’s staff and students comply with the conditions to which the licence is subject.
Penalty: $20 000 and imprisonment for one year.
14.Display of licence and code of practice
(1)Subject to subsection (2), a licensee must cause a copy of the licence to be exhibited to the public at each place where —
(a)animals are used for scientific purposes; or
(b)animals to be supplied for use for scientific purposes are kept.
Penalty: $2 000.
(a)the licensee must ensure that a person at the field site has a copy of the licence with him or her at that site; and
(b)that person must make the copy of the licence available to a member of the public on request.
Penalty: $2 000.
(3)If a licence is subject to a condition that a code of practice be complied with the licensee must —
(a)cause a copy of the code to be exhibited to; or
(b)make copies of the code available to,
all the licensee’s staff and students at each place, other than field sites, where —
(c)animals are used for scientific purposes; or
(d)animals to be supplied for use for scientific purposes are kept.
Penalty: $2 000.
(4)If a licence to use animals for scientific purposes is subject to a condition that a code of practice be complied with the licensee must give a copy of the code to the relevant animal ethics committee.
Penalty: $2 000.
A licence remains in force for 3 years or any shorter period specified in it, unless before then it is suspended or revoked or the licensee is disqualified from holding the licence.
A licence is not transferable.
(a)the licensee has, or any of the licensee’s staff or students have, committed an offence under this Act since the licence was issued or last renewed;
(b)if the licence was due for renewal, the Minister would not, having regard to the criteria set out in section 9, renew it;
(c)in the case of a licence to use animals for scientific purposes, the relevant animal ethics committee has failed to comply with the scientific use code in relation to the licensee’s use of animals; or
(3)When revoking a licence the Minister may also disqualify the licensee from applying for another licence before the date on which the revoked licence would have lapsed if it had not been revoked.
(4)Before exercising a power referred to in subsection (1) or (2) the Minister is to —
(a)give the licensee written notice —
(i)stating the intention to suspend or revoke the licence;
(ii)setting out the grounds for the intended suspension or revocation; and
(iii)advising that the licensee has 7 days (or any longer period the Minister considers appropriate) within which to respond to the notice;
and
(b)have due regard to any response to the notice made within that time.
Penalty: $2 000.
(6)Subject to subsection (2)(b), a suspended licence delivered to the Minister under subsection (5) is to be returned to the licensee as soon as practicable after the end of the suspension period.
(b)whether it is a licence —
(ii)to carry on business supplying animals for use for scientific purposes,
and in the case of subparagraph (i), the scientific purposes for which the animals are or may be used;
(d)the dates of issue, renewal and expiry;
(e)any conditions to which the licence is subject (other than those imposed by section 11
(f)details of any suspension or revocation of the licence or disqualification of the licensee; and
(2)A licensee must notify the CEO of any change in the details referred to in subsection (1)(a), (c) or (g) within 14 days of the change occurring.
Penalty: $2 000.
(3)A person may, at any time during office hours —
(a)inspect the register free of charge; and
(b)purchase a copy of, or an extract from, the register.
(4)The CEO is to ensure that copies of, or extracts from, the register are available and that the price at which they are sold does not exceed the cost of providing them.
[Section 18 amended by No. 28 of 2006 s. 354.]
Part
Penalty:Minimum — $2 000.
Maximum — $50 000 and imprisonment for 5 years.
(2)Without limiting subsection (1) a person, whether or not the person is a person in charge of the animal, is cruel to an animal if the person —
(a)tortures, mutilates, maliciously beats or wounds, abuses, torments, or otherwise ill‑treats, the animal;
(c)intentionally or recklessly poisons the animal;
(d)does any prescribed act to, or in relation to, the animal; or
(e)in any other way causes the animal unnecessary harm.
(3)Without limiting subsection (1) a person in charge of an animal is cruel to an animal if the animal —
(ii)causes, or is likely to cause, it unnecessary harm;
(i)when it is not fit to be so used or has been over used; or
(ii)in a manner that causes, or is likely to cause, it unnecessary harm;
(j)is, in any other way, caused unnecessary harm.
20.Defence — self‑defence or protecting another person or an animal
(a)the animal was attacking, or threatening to attack, the person, another person or another animal;
(b)the person was defending himself or herself, another person or an animal against the attack or threatened attack; and
(c)the person did not use more force than was reasonably necessary.
(a)of which the person who has actual physical custody or control of the animal is the occupier or a guard; or
(a)the person provoked the attack or threatened attack;
(b)the person permitted or encouraged another animal to attack or threaten the animal the subject of the charge; or
(c)the animal the subject of the charge was being used by —
(i)a police officer;
(ii)a prison officer under the Prisons Act 1981; or
(iii)a member of —
(I)the armed forces of the Commonwealth;
(II)the Australian Federal Police;
(III)the Australian Quarantine and Inspection Service; or
(IV)the Australian Customs Service,
in the course of his or her duties and the use of the animal was not unreasonable in the circumstances.
It is a defence to a charge under section 19(1) (other than an offence committed in circumstances described in section 19(3)(g)) for a person to prove that the person was a veterinary surgeon, or was acting on the instructions of a veterinary surgeon, and was providing the animal with veterinary care in accordance with generally accepted veterinary practices.
22.Defence — authorised by law
It is a defence to a charge under section 19(1) for a person to prove that the person —
(a)was authorised by or under a written law to do the act that is alleged to constitute the offence; and
(b)did the act in a humane manner.
23.Defence — normal animal husbandry
It is a defence to a charge under section 19(1) for a person to prove that the act alleged to constitute the offence was done —
(a)in accordance with a generally accepted animal husbandry practice, other than a prescribed practice, that is used in —
(i)farming or grazing activities;
(ii)the management of zoos, wildlife parks or similar establishments;
(iii)the management of animal breeding establishments; or
(iv)the training of animals;
and
(b)in a humane manner.
(1)It is a defence to a charge under section 19(1) for a person to prove —
(a)that the act alleged to constitute the offence was done while the person was attempting to kill pests;
(b)that the person was attempting to kill pests in a manner that is generally accepted as usual and reasonable for killing pests of the kind the person was attempting to kill; and
(c)if the animal the subject of the charge was not a pest, that the person took reasonable steps to ensure that animals other than pests would not be harmed.
(2)In this section —
“pest” means a prescribed animal, fish or invertebrate.
It is a defence to a charge under section 19(1)
26.Defence — stock fending for itself
(1)It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(d), (e) or (f) for a person to prove that —
(a)the animal is stock of a kind that is ordinarily left to roam at large on a pastoral property and to fend for itself;
(b)the act alleged to constitute the offence does not involve anything more than allowing the animal to so roam and fend for itself; and
(c)the property on which the animal was roaming was reasonably capable of sustaining all the animals that were roaming on it.
(2)In this section —
“stock” has the meaning it has in the Stock (Identification and Movement) Act 1970.
27.Defence — releasing animals into the wild
It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(f) for a person to prove that —
(a)the animal is fauna;
(b)the act alleged to constitute the offence does not involve anything more than releasing the animal into the wild; and
(c)the release occurred in circumstances in which it was reasonable to expect the animal to be able to fend for itself.
28.Defence — where person in charge is not in actual custody
(1)It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(d), (e), (f) or (h) for a person to prove that the person —
(a)is a “person in charge” by reason of paragraph (a), (c) or (d), but not paragraph (b), of the definition of that term; and
(b)took reasonable steps to ensure that the animal would be properly treated and cared for.
(2)It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(d), (e), (f) or (h) for a person to prove that the person —
(a)is a “person in charge” by reason only of paragraph (d) of the definition of that term; and
(b)did not know, and could not reasonably be expected to have known, that —
(i)the animal was at a place, or in a vehicle, owned or occupied by the person; or
(ii)the animal was not being properly treated and cared for.
It is a defence to a charge under section 19(1) committed in circumstances described in section 19(2)(b) for a person to prove that the person was a prescribed person, or was in a prescribed class of persons, and used the device in a prescribed manner.
It is a defence to a charge under section 19(1) committed in circumstances described in section 19(3)(g) for a person to prove that the person was a prescribed person, or was in a prescribed class of persons, and carried out the operation, practice or activity in a prescribed manner.
31.Possession of things intended to inflict cruelty
Penalty: $20 000 and imprisonment for one year.
(3)It is a defence to a charge under subsection (1) for a person to prove that if the person had used the thing on or in relation to an animal the person would have had a defence to a resulting charge under section 19.
Penalty:Minimum — $2 000.
Maximum — $50 000 and imprisonment for 5 years.
(2)Without limiting subsection (1), a person engages in a prohibited activity if the person —
(a)takes part in it;
(b)spectates at it;
(c)organises it;
(d)promotes it;
(e)keeps an animal for the purpose of it;
(f)allows it to occur at a place owned or operated by the person; or
(g)in the case of the activities described in paragraphs (c) and (d) of the definition of “prohibited activity”, encourages an animal to participate in it.
(3)It is a defence to a charge under subsection (1) for a person to prove that the activity the subject of the charge was a prescribed activity.
(4)It is a defence to a charge under subsection (1) where the activity the subject of the charge is the releasing of an animal for the purposes of it being hunted by another animal for a person to prove that —
(b)the diet of captive predatory animals of that kind ordinarily includes animals of the kind released; and
(c)the captive predatory animal will not ordinarily eat dead meat.
“prohibited activity” means an activity that involves releasing an animal, or putting an animal somewhere, for the purpose of enabling the animal to be —
(a)shot at (whether with a firearm or any other weapon);
(b)hunted by a person or another animal;
(c)fought by a person or another animal; or
Division 1 — Appointment of inspectors
(a)a member of the staff of —
(i)the Department;
(ii)Agriculture WA;
(iii)CALM;
(iv)Fisheries Western Australia; or
(v)a local government,
who is nominated by the chief executive officer of that department or local government; or
(3)The terms of appointment of a general inspector are to be determined by the CEO and set out in the instrument of appointment.
(4)An appointment under subsection (1) remains in force for 5 years unless before then —
(a)the inspector (other than an inspector appointed under subsection (2)(b)) ceases to be a member of the staff of the RSPCA or of the department or local government the chief executive officer of which nominated him or her (as the case requires);
(b)the inspector resigns by written notice to the CEO; or
(c)the appointment is revoked by the CEO.
34.Appointment of scientific inspectors
(2)The CEO may appoint under subsection (1) any person the CEO considers to be suitably qualified or experienced.
(3)The terms of appointment of a scientific inspector are to be determined by the CEO and set out in the instrument of appointment.
(4)An appointment under subsection (1) remains in force for 5 years unless before then —
(a)the inspector resigns by written notice to the CEO; or
(b)the appointment is revoked by the CEO.
(a)is an inspector only for the district of that local government; and
(b)may only exercise the powers of an inspector outside that district if —
(i)the exercise of the power relates to an offence reasonably suspected to have been committed in the inspector’s district;
(ii)the local government of the district where the power is to be exercised has authorised the exercise of the power by the inspector in its district; or
(iii)the inspector considers the situation to be an emergency.
(a)the functions that may be performed by the inspector;
(b)the —
(i)places where;
(ii)times when;
(iii)circumstances in which,
the inspector may perform the inspector’s functions.
(3)When the authority of an inspector is restricted under subsection (2) the functions conferred on the inspector by or under this Act are limited to the extent set out in the notice.
(4)A restriction under subsection (2) —
(a)may be imposed when the inspector is appointed or at a later time; and
(b)may be varied or cancelled by the CEO by written notice to the inspector.
[Section 35 amended by No. 28 of 2006 s. 354.]
(1)The CEO is to issue an identification card to each inspector, other than police officers.
(2)An inspector, other than a police officer, must produce his or her identification card if requested to do so by a person in respect of whom the inspector is about to exercise, is exercising or has exercised, any of the inspector’s powers.
[Section 36 amended by No. 28 of 2006 s. 354.]
Division 2 — Functions and powers of inspectors
37.Functions and powers of inspectors
(c)to provide assistance to scientific inspectors if requested under section 48(1); and
(d)to provide information and assistance to the CEO in relation to matters arising under this Act.
(2)The functions of a scientific inspector are —
(a)to enforce Part 2;
(b)to enforce Part 3 in relation to things done, purported to be done or required under this Act to be done, under a licence;
(c)to provide information and assistance to the CEO in relation to matters arising under this Act; and
(d)to provide information and assistance to the Minister in relation to licensing matters.
(a)with the consent of the occupier or person apparently in charge of the place;
(i)has been, or is being, committed at the place; or
(ii)is likely to be, or to continue to be, committed at the place if entry is not effected.
(2)In order to enter a place under subsection (1)(b), (c), (d) or (e) an inspector may —
(a)use such force as is reasonably necessary; and
(b)enter any other non‑residential place for the purpose of reaching the place to be entered.
(a)stating that the inspector wishes to enter the place;
(b)specifying the purpose for which entry is required; and
(c)specifying the period (being not less than 24 hours) within which the owner or occupier may object to the inspector.
(4)Where a notice has been given under subsection (3) and no objection has been made to the inspector within the time specified in the notice —
(a)the notice continues to have effect until —
(i)the purpose for which entry was required has been effected; or
(ii)7 days after the end of the objection period specified in the notice,
whichever occurs first; and
(b)successive entries for that purpose are to be regarded as entries to which the notice relates.
(a)with the consent of the occupier or person apparently in charge of the vehicle;
(i)has been, or is being, used in the commission of an offence under Part 3; or
(ii)is likely to be, or to continue to be, used in the commission of an offence under Part 3
(2)In order to enter a vehicle under subsection (1)(b) or (c) an inspector may —
(a)stop and detain the vehicle for as long as is reasonably necessary;
(b)use such force as is reasonably necessary; and
(c)enter a non‑residential place for the purpose of reaching the vehicle.
(a)provide to an animal; or
any food, water, shelter, care or treatment the inspector considers necessary to ensure the welfare, safety and health of the animal.
(2)A person must comply with a direction given under subsection (1)(b).
Penalty: $20 000 and imprisonment for one year.
(2)An inspector destroying an animal under subsection (1) must notify —
(a)if the animal is fauna, the chief executive officer of CALM; or
(b)otherwise a person in charge of the animal,
of the destruction and the reason for it —
(c)if it is reasonable to do so, before destroying the animal; or
(d)otherwise, as soon as practicable after destroying the animal.
(b)under a warrant issued under section 60
(2)An inspector who seizes an animal is to ensure that it is properly treated and cared for (including the provision of veterinary care if that is appropriate) until it is dealt with in accordance with section 44 or 45.
(a)is being, or has been, used to commit; or
(b)may afford evidence of the commission of,
an offence under this Act.
(2)An inspector who seizes any thing under subsection (1) is to —
(a)keep it in safe custody; and
(b)to the extent that it is practicable to do so, maintain it in the condition it was in when it was seized,
until it is dealt with in accordance with section 44.
(1)This section does not apply in relation to a seized animal that is fauna, unless the animal had been lawfully taken under the Wildlife Conservation Act 1950.
(2)As soon as practicable after seizing property an inspector must take reasonable steps to notify the owner or a person in charge of the property that it has been seized and of the owner’s rights under subsection (6).
(3)An inspector may retain seized property until required by subsection (5), or by an order under subsection (9) or section 55, to return it to the owner or to dispose of it.
(4)Subject to an order of a court to the contrary, an inspector may return seized property to the owner at any time if the inspector is satisfied —
(a)that no useful purpose will be served by retaining it; and
(b)in the case of an animal, that it will be properly treated and cared for.
(a)4 months have elapsed since it was seized and no person has been charged with a relevant offence; or
(b)a charge of a relevant offence has been heard and determined but the court hearing the charge has made no order as to the return or forfeiture of the property.
(b)refuse to make the order.
(10)On an application under subsection (6), (7) or (8) in relation to a seized animal the court must have regard to the welfare, safety and health of the animal.
(11)In this section —
“owner”, in relation to something that has been seized, means the person from whom the thing was seized or any other person who satisfies the CEO that he or she is entitled to possession of the thing;
“relevant offence” means an offence under this Act —
(a)if the seized property is an animal, the commission of which affected the welfare, safety or health of the animal; or
(b)if the seized property is not an animal —
(i)the commission of which involved the use of the seized property; or
(ii)in respect of the commission of which the seized property may afford evidence.
[Section 44 amended by No. 59 of 2004 s. 141; No. 28 of 2006 s. 354.]
An inspector who seizes an animal that is fauna, other than an animal that has been lawfully taken under the Wildlife Conservation Act 1950, is to ensure that the animal is delivered to, or dealt with in accordance with the instructions of, the chief executive officer of CALM.
46.Power to require information
Penalty: $2 000.
(b)examine and take samples from an animal, place, vehicle or thing;
(c)take an animal to a place, or put an animal in a vehicle, for the purpose of performing the inspector’s functions in relation to it;
(f)take photographs, video recordings or other recordings of an animal, place, vehicle or thing;
(g)take measurements or recordings of any sort;
(h)if the inspector reasonably suspects that there is, in a container, an animal or thing that may afford evidence of the commission of an offence under this Act —
(i)require the person apparently in charge of it to open the container; or
(ii)if that person is not available to do so, or fails to do so, use reasonable force to break open the container;
(k)conduct examinations, and make inquiries, that the inspector considers are necessary to check whether this Act is being complied with or to investigate a suspected offence; and
(l)request a person to assist the inspector in performing the inspector’s functions.
(2)An inspector exercising, or proposing to exercise, a power under this section must, if asked by a person who is or will be affected by the exercise of the power, explain why the inspector is exercising the power.
(3)A person must comply with a requirement or direction made under subsection (1)(a) to (j).
Penalty: $20 000 and imprisonment for one year.
(4)In subsection (1)(i) —
“record” includes a document, tape, disc or other device or medium on which data is recorded or stored mechanically, photographically, electronically or otherwise.
48.Performance of an inspector’s functions
(2)A person accompanying or assisting an inspector may exercise a function of the inspector if, and to the extent, authorised by the inspector.
(6)When performing a function under this Act an inspector or person assisting an inspector must —
(a)take reasonable precautions to avoid the spread of disease;
(b)cause as little damage as is reasonably practicable to property; and
(c)cause as little disruption as is reasonably practicable to any business or activity that is being carried on in accordance with this Act.
Division 3 — Additional powers of scientific inspectors
49.Direction to suspend use and referral to animal ethics committee
(a)the scientific use code; or
(b)the approval given by the relevant animal ethics committee,
may refer the matter to the relevant animal ethics committee for reconsideration.
(2)If a referral is made under subsection (1) the person using the animal must stop that use until the matter has been approved by the relevant animal ethics committee under subsection (3).
Penalty: $20 000 and imprisonment for one year.
(1)A scientific inspector who suspects that a licensee has, or any of the staff or students of a licensee have, failed to comply with a condition to which a licence is subject may give any directions the inspector considers necessary or desirable to remedy that failure.
(2)A direction is to be given by a scientific inspector —
(b)otherwise, in writing to the person who failed to comply with the condition.
(3)If a direction is given orally a scientific inspector must give a written copy of the direction to the person who failed to comply with the condition as soon as practicable, and in any event within 24 hours, after giving the oral direction.
(4)If the person to whom a direction is given is not the licensee, a scientific inspector must give a written copy of the direction to the licensee as soon as practicable, and in any event within 24 hours, after giving the direction.
(5)A direction must include the reasons for giving it.
(6)A direction —
(a)takes effect from the time it is first given; and
(b)remains in force until it has been complied with or a scientific inspector revokes it by written notice to the licensee.
Penalty: $20 000 and imprisonment for one year.
(8)It is a defence to a charge under subsection (7) for a member of staff or a student to prove that the person did not know of, and could not reasonably have been expected to know of, the direction.
51.Power to require information
(a)for the person’s name, usual place of residence and date of birth;
(b)whether the person is a licensee or a member of the staff or a student of a licensee; and
(c)in the case of a member of staff or a student, for the name and address of the licensee.
(2)A person must not, without reasonable excuse, fail to answer truthfully a question asked under subsection (1).
Penalty: $2 000.
52.Advice regarding licensing matters
(a)whether a scientific establishment —
(i)has an animal ethics committee; or
(ii)has made arrangements under which the animal ethics committee for another scientific establishment will act as its animal ethics committee;
(b)whether, in the inspector’s opinion, the facilities and equipment at a scientific institution, and the procedures used by a licensee, comply with the scientific use code or any other relevant code of practice;
(c)whether, in the inspector’s opinion, a licensee has, or any of the staff or students of a licensee have, failed to comply with the scientific use code or any other code of practice compliance with which is a condition of the licence; and
(d)other matters relating to a licensee that the inspector considers ought to be brought to the attention of the Minister.
(2)The Minister may rely on advice given under subsection (1) to satisfy himself or herself as to a matter referred to in section 9
53.Attendance at meetings of animal ethics committees
(1)A scientific inspector may attend a meeting of an animal ethics committee as an observer.
(2)If requested to do so by a scientific inspector an animal ethics committee is to ensure that the inspector is notified of the dates and times when, and the places where, meetings of that committee are to be held.
Division 1 — Additional court orders
54.Court may order a post mortem
(2)If an order is made under subsection (1) —
(a)the results of the post mortem are to be given to the court, the prosecutor and the alleged offender; and
(b)the cost of the post mortem is a cost in respect of which an order may be made under section 58
(a)prohibit the offender from —
(i)being in charge of; or
(ii)having contact with,
a specified animal, an animal of a specified kind, or an animal of any kind —
(iii)for a period the court thinks fit (which may be permanently); and
(iv)either absolutely or unless specified conditions are satisfied;
(b)order that an animal of which the offender is in charge —
(i)if the animal is fauna that has not been lawfully taken under the Wildlife Conservation Act 1950, be delivered to, or dealt with in accordance with the instructions of, the chief executive officer of CALM; or
(ii)otherwise, be removed to a place the court thinks fit;
(c)order the forfeiture to the Crown of —
(i)seized property owned by the offender;
(ii)an animal owned by the offender; or
(iii)anything used by the offender in the commission of the offence;
(d)order that property seized in relation to the offence be returned to the owner of that property;
(e)order the humane destruction of an animal that is suffering severe harm;
(i)the animal the subject of the offence; or
(ii)another animal of which the offender was in charge at the time of the offence and which was provided with care, destroyed or seized because of the commission of the offence;
(3)If a licence is suspended or revoked under subsection (2)(g) the offender must deliver the licence to the Minister as soon as practicable, and in any event within 7 days, after the order is made.
Penalty: $2 000.
(4)An offender must comply with an order made against him or her under subsection (1).
Penalty: $20 000 and imprisonment for one year.
(5)The court is to ensure that a copy of an order made under subsection (2)(g) or (h) is given to the CEO.
56.Order for reimbursement of costs
(3)The court may adjourn an application under subsection (1) until after the determination of any relevant prosecution proceedings.
(4)If there is more than one person in charge of the animal at the relevant time —
(a)the applicant may apply under subsection (1) for an order against any or all of those people;
(b)a person against whom an order is sought may join any other of those people as parties to the proceedings; and
(c)a court making an order under subsection (2) may apportion the costs among so many of those people as are parties to the proceedings in any manner as it thinks fit.
(5)An order cannot be made under subsection (1) in respect of costs for which an order has been made under section 55(2)(f).
(6)Costs ordered to be paid under subsection (1) are recoverable in a court of competent jurisdiction as a debt due to the person to whom they are to be paid.
[Section 56 amended by No. 59 of 2004 s. 141.]
(a)imposing a fine as a penalty for an offence under this Act;
(b)making an order for reimbursement of costs of the kind referred to in section 55(2)(f);
(c)making an order for reimbursement of costs under section 56
(d)making an order for payment of costs under section 58(1),
may make an order that seized property owned by the offender or person ordered to pay those costs (as the case requires) remain under seizure until the fine or costs are paid.
(2)In an order under subsection (1) a court is to specify —
(a)the seized property to which the order relates; and
(b)the relevant date for the purposes of subsection (3).
(2)Costs ordered to be paid under subsection (1) are recoverable by the person to whom they are to be paid in a court of competent jurisdiction as a judgment debt due to that person.
A justice may issue a warrant authorising an inspector to enter a place or vehicle if satisfied, by an application supported by evidence on oath, that —
(a)there are reasonable grounds for suspecting that there is at the place or in the vehicle —
(i)an animal the welfare, safety or health of which is under threat; or
(ii)anything that may afford evidence of the commission of an offence under this Act;
or
(b)entry onto the place or into the vehicle is reasonably required to investigate a suspected offence.
60.Grounds for a warrant to seize animal
A justice may issue a warrant authorising an inspector to seize an animal if satisfied, by an application supported by evidence on oath, that there are reasonable grounds for suspecting that an offence under Part 3 is likely to be committed in respect of the animal if it is not seized.
A warrant is to be in the prescribed form.
(2)Before applying for a warrant under subsection (1), the inspector must prepare an application (without the evidence on oath) setting out the grounds on which the warrant is sought.
(5)A copy of a warrant sent under subsection (3)(a), or a form of warrant completed in accordance with subsection (4), has effect as a warrant issued by the justice.
(6)As soon as practicable after applying for a warrant under subsection (1) the inspector must send the evidence on oath in support of the application to the justice.
[Section 62 amended by No. 84 of 2004 s. 80.]
Division
63.Interpretation for Division
In this Division —
“authorised person” means a person appointed under section 64(1).
(b)Agriculture WA;
(c)CALM;
(e)every local government,
are each to appoint as authorised persons as many members of their staff as are required for the purposes of this Division.
(2)A person appointed under subsection (1) by the RSPCA or the Commissioner of Police is an authorised person only in respect of infringement notices given by the RSPCA or the Commissioner of Police respectively.
(3)A person appointed under subsection (1) by the chief executive officer of a department or a local government is an authorised person only in respect of infringement notices given by that department or local government.
(4)A person cannot be both an authorised person and an inspector.
65.Giving infringement notices
(a)if the inspector is a member of staff of the RSPCA, by the RSPCA;
(b)if the inspector is a police officer, by the Commissioner of Police;
(c)if the inspector is a member of staff of a department referred to in section 64(1)(a) to (d), by that department;
(d)if the inspector is a member of staff of a local government, by that local government; or
(e)if the inspector is any other person, by the Department.
66.Content of infringement notice
An authorised person may extend the period within which an alleged offender may pay the modified penalty even if the time allowed for payment has expired.
68.Withdrawal of infringement notice
(2)If an infringement notice is withdrawn after the modified penalty has been paid, the amount paid is to be refunded.
69.Benefit of paying modified penalty
(1)If —
(a)a modified penalty is paid within 28 days of the notice being given (or any further time allowed under section 67); and
(b)the infringement notice has not been withdrawn,
the bringing of proceedings, and the imposition of other penalties, in relation to the alleged offence are prevented to the same extent as if the alleged offender had been convicted by a court of, and punished for, the alleged offence.
(2)Payment of a modified penalty is not an admission for the purposes of any civil or criminal proceedings.
70.Application of modified penalties paid
When a modified penalty is paid it is to be dealt with in accordance with section 86
(a)the modified penalty were a fine imposed by a court as a penalty for the alleged offence; and
(b)the offence had been prosecuted by the person or entity who or which is taken, under section 65(2), to have given the infringement notice.
Division 4 — Review of decisions
[Heading amended by No. 55 of 2004 s. 27.]
(1)In this Division —
“reviewable decision” means a decision made by —
(a)the Minister —
(i)to decline to issue or renew a licence;
(ii)as to the period for which a licence is issued or renewed;
(iii)as to a condition to which a licence is to be subject; or
(iv)to suspend or revoke a licence or to disqualify a person from applying for a licence;
or
(b)an inspector to exercise, or as to the manner of exercising, a power under —
(i)section 40(1)(b) in relation to the provision of care or treatment;
(ii)section 42(1)(a);
(iii)section 43(1); or
(iv)section 47(1)(d), (e) or (j).
(2)In this Division a reference to the time when a right to object arose is, in the case of a decision made by —
(a)the Minister on a licensing matter, a reference to the time when the applicant or licensee (as the case requires) received notice of the decision;
(b)an inspector, a reference to the time when the power in question was exercised; and
(c)the Minister on an objection, the time when the person who made the objection received notice of the decision.
[Section 71 amended by No. 55 of 2004 s. 28.]
(1)A person aggrieved by a reviewable decision may object to the decision if the person has not applied for a review of the decision.
(1)The Minister is to —
(a)give the person who made the objection a reasonable opportunity to make submissions in relation to the objection; and
(b)deal with the objection as expeditiously as possible.
(a)dismiss the objection;
(b)vary the decision objected to;
(c)revoke the decision objected to and substitute a different decision; or
(d)revoke the decision objected to and refer the matter, with or without directions, to the original decision maker for another decision.
(1)A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of that decision if the person —
(a)has not lodged an objection to the decision; or
(b)having lodged an objection, has not been given a notice under section 73(3) at the expiration of 35 days after the objection was lodged.
(2)A person who lodged an objection and has been given notice under section 73(3) may apply to the State Administrative Tribunal for a review of the Minister’s decision on the objection.
[(3), (4)repealed]
(a)of the Minister on a licensing matter or of an inspector, the effect of that decision; or
(b)of the Minister on an objection, the effect of the decision that was the subject of the objection,
is suspended until the State Administrative Tribunal deals with the matter unless the Tribunal orders otherwise.
[Section 74 amended by No. 55 of 2004 s. 30.]
[75.Repealed by No. 55 of 2004 s. 31.]
A person must not give information that the person knows to be false or misleading in a material particular to —
(a)the Minister in relation to a licence or an application under Part 2;
(b)an animal ethics committee in relation to an approval of the type referred to in section 6(1)(b); or
(c)an inspector exercising a power under this Act, or a person assisting an inspector to exercise a power under this Act.
Penalty: $20 000 and imprisonment for one year.
A person must not hinder, obstruct, abuse or threaten —
(a)an inspector exercising a power under this Act; or
(b)a person assisting an inspector to exercise a power under this Act.
Penalty: $20 000 and imprisonment for one year.
78.Pretending to be an inspector
A person must not pretend to be an inspector.
Penalty: $20 000 and imprisonment for one year.
(1)If a person commits an offence by reason of —
(a)failing to do something that this Act requires to be done; or
(b)doing something that this Act prohibits,
that offence is taken to continue until the person does what is required or ceases to do what is prohibited (as the case requires).
(2)Where an offence is taken to continue, the offender commits an additional offence on each day during which the offence is taken to continue after written notice of the offence has been given to the offender by an inspector.
Penalty: $1 000 for every day on which the offence is taken to continue.
(a)a body corporate; or
(b)a scientific establishment,
commits an offence under this Act every person who was an officer of the body or establishment at the time the offence was committed, also commits the offence.
(2)It is a defence to a charge arising by operation of subsection (1) for an officer to prove that —
(a)the offence was committed without the officer’s consent or connivance; and
(b)the officer exercised all such due diligence to prevent the commission of the offence as the officer ought to have exercised having regard to the officer’s functions and to all the circumstances.
(3)In this section —
“officer” means a person (by whatever name called) who is concerned in, or takes part in, the management of a body corporate or scientific establishment, including —
(a)in the case of a body corporate, a director, secretary or executive officer of the body;
(b)in the case of a university, school or other educational institution, a member of the Senate or other governing body of the institution;
(c)in the case of a partnership, a partner; and
(d)in any case —
(i)a receiver or receiver and manager of the property of;
(ii)any other person who, for the purpose of enforcing a security, is in possession or control of the property of;
(iii)a liquidator, official manager or deputy official manager of; or
(iv)a trustee or other person administering a compromise or arrangement involving,
the body corporate or scientific establishment.
(1)Where a licence is issued for the purposes of a partnership each partner has the same rights and duties as a licensee, whether or not the partner is named on the licence.
(3)It is a defence to a charge arising by operation of subsection (2) for a person to prove that —
(a)the offence was committed without the person’s consent or connivance; and
(b)the person exercised all such due diligence to prevent the commission of the offence as the person ought to have exercised having regard to the person’s functions and to all the circumstances.
82.Commencement of proceedings for offences
(1)Proceedings for an offence under this Act may be commenced by —
(a)the CEO;
(b)subject to section 37(3)
(c)an officer of the Department authorised by the CEO.
(2)Proceedings for an offence under this Act may not be commenced more than 2 years after the offence was allegedly committed.
(3)In proceedings for an offence under this Act, unless evidence is given to the contrary, proof is not required —
(a)of the authority of a person to institute proceedings for the offence; or
(b)that a signature on a prosecution notice is the signature of a person authorised to commence the proceedings.
(4)In proceedings for an offence under this Act an officer of the Department authorised by the CEO may appear on behalf of the CEO or any other officer of the Department.
[Section 82 amended by No. 84 of 2004 s. 80; No. 28 of 2006 s. 354.]
(2)A certificate under subsection (1) signed by the CEO may state —
(a)that a licence is or is not held by a person;
(b)the conditions to which a licence is subject;
(c)that a licence is or is not in force;
(d)the place to which a licence applies;
(e)that a person is or was a general inspector or a scientific inspector; or
(f)the day or days on which, or the period during which, anything referred to in paragraphs (a) to (e) applied.
(3)A certificate under subsection (1) signed by the chairman of an animal ethics committee may state —
(a)that the use of an animal in a stated manner for scientific purposes is or is not approved by the animal ethics committee;
(b)that a person is or is not approved by the animal ethics committee to use an animal for scientific purposes;
(c)the conditions to which an approval is subject;
(d)that an approval is or is not in force;
(e)the place to which an approval applies; or
(f)the day or days on which, or period during which, anything referred to in paragraphs (a) to (e) applied.
(4)In proceedings under this Act a copy of all or part of a code of practice purporting to be certified by the CEO to be a true copy of that code at the relevant time is evidence of that code of practice without proof of the appointment or signature of the CEO.
[Section 83 amended by No. 28 of 2006 s. 354.]
84.Breach of code of practice not sufficient to prove cruelty
Where a person is charged with an offence under Part 3 the fact that the person has failed to act in accordance with a relevant code of practice —
(a)must be taken into consideration by the court; but
(b)is not sufficient, on its own, to prove that the person committed the offence.
85.Death of animal not sufficient to prove cruelty
Where a person is charged with an offence under Part 3 the fact that the person killed the animal, or did something that contributed to the death of the animal —
(a)must be taken into consideration by the court; but
(b)is not sufficient, on its own, to prove that the person committed the offence.
A fine imposed as a penalty for an offence against this Act is to be paid or credited to, if the offence was prosecuted by —
(a)an inspector who is a member of the staff of a local government, that local government; or
(b)any other person, the Consolidated Fund.
87.Disposal of forfeited property
(a)firstly, to pay any unpaid fines payable by the owner of the property;
(b)secondly, to pay any unpaid costs ordered under section 55(2)(f) or 56
(c)thirdly, to pay any unpaid costs ordered under section 58(1) to be paid by the owner.
(3)Any of the proceeds remaining after the application of subsection (2) are to be credited to the Consolidated Fund.
88.Penalties for body corporate
A body corporate that is convicted of an offence is liable to a penalty of —
(a)if a minimum penalty is specified in relation to that offence, not less than 5 times that minimum penalty; and
(b)in any event, a maximum penalty of not more than 5 times the maximum penalty specified in relation to that offence.
The CEO may take such action as the CEO considers appropriate generally to protect and promote the welfare, safety and health of animals.
[Section 89 amended by No. 28 of 2006 s. 354.]
(2)The CEO may delegate to any person any of the CEO’s functions under this Act other than —
(a)this power of delegation; or
(b)a function delegated by the Minister under subsection (1).
(3)A delegation —
(a)must be made in writing signed by the person making it; and
(b)may delegate a function either generally or as provided in the instrument.
[Section 90 amended by No. 28 of 2006 s. 353 and 354.]
91.Improper use of information
A person who performs a function under this Act must not improperly use information acquired in the course of doing so —
(a)to gain, directly or indirectly, an advantage for himself or herself or another person; or
(b)to cause detriment to a person.
Penalty: $20 000 and imprisonment for one year.
(1)An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2)If this section provides that an action does not lie against a person for doing anything, the RSPCA, a local government of which the person is a member of staff, and the Crown are also relieved of any liability that they might otherwise have had for the doing of the thing by the person.
(3)The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.
(4)A person who, at the request of an inspector, is assisting the inspector to perform a function under this Act is taken, for the purposes of this section, to be performing a function under this Act.
(5)In this section a reference to the doing of anything includes a reference to the omission to do anything.
(3)The Minister must —
(a)if satisfied on reasonable grounds that the owner is entitled under subsection (1) to compensation, accept the claim; or
(b)otherwise, reject the claim.
(4)If the Minister accepts a claim the amount of compensation payable to the claimant is —
(a)the market value of the animal immediately before the injury or death as determined by the Minister; or
(b)such lesser amount as the Minister determines to be reasonable in the circumstances (including the extent, if any, to which the owner or another person contributed to the injury or death).
(6)If a person is entitled to compensation under this section no amount is payable (other than under this section) to any person as compensation for the value of the animal.
(7)In this section —
“caused”, in relation to an injury to, or the death of, an animal, means —
(a)significantly contributed to the injury to, or the death of, the animal; or
(b)in the case of an animal that was destroyed — significantly contributed to, or significantly exacerbated, the condition of the animal which necessitated its destruction.
(b)exempt a specified person, or specified class of persons, from the requirements of all or any of the provisions of this Act;
(c)provide for all or any of the provisions of this Act not to apply in relation to a specified animal or a specified class of animals;
(i)as modified by the regulations;
(ii)as they exist at a particular date; or
(iii)as they are amended from time to time;
and
(e)prescribe the matters in respect of which fees are payable under this Act, the amount of those fees, and the persons who are to pay them.
[Part 7 omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
1This reprint is a compilation as at 13 October 2006 of the Animal Welfare Act 2002 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|
Animal Welfare Act 2002 |
33 of 2002 |
15 Nov 2002 |
4 Apr 2003 (see s. 2 and Gazette 4 Apr 2003 p. 1023) |
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 |
59 of 2004 |
23 Nov 2004 |
1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) |
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 7 2 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) |
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53)) |
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 12 Div. 1 3 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) |
|
Reprint 1: The Animal Welfare Act 2002 as at 13 Oct 2006 (includes amendments listed above) |
|||
1aOn the date as at which thi
Provisions that have not come into operation
|
Short title |
Number and year |
Assent |
Commencement |
|
Courts Legislation Amendment and Repeal Act 2004 s. 142 4 |
59 of 2004 |
23 Nov 2004 |
To be proclaimed (see s. 2) |
2The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.
3References in the Act to the Director General were replaced by references to the CEO, see the Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 12 Div. 1. The Machinery of Government (Miscellaneous Amendments) Act 2006 s. 454 is a general transitional provision that applies to references to the Director General in other written laws.
4On the date as at which this reprint was prepared, the Courts Legislation Amendment and Repeal Act 2004 s. 142, which give effect to Sch. 2, had not come into operation. It reads as follows:
“
142.Other amendments to various Acts
Each Act listed in Schedule 2 is amended as set out in that Schedule immediately below the short title of the Act.
”.
Schedule 2 cl. 5 reads as follows:
“
Schedule 2 — Other amendments to Acts
5.Animal Welfare Act 2002
|
s. 74(3) 5 |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 75(1) 5 |
Delete “A Local Court” and insert instead — “ The Magistrates Court ”. |
”.
5The amendments to s. 74(3) and 75(1) in the Courts Legislation Amendment and Repeal Act 2004 s. 142 would not be included because the subsections it seeks to amend were repealed by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 7.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
animal5(1)
animal ethics committee5(1)
authorised person63
CALM5(1)
caused93(7)
CEO5(1)
code of practice5(1)
Department5(1)
fauna5(1)
field site14(2)
Fisheries Western Australia5(1)
general inspector5(1)
harm5(1)
inspector5(1)
licence5(1)
non‑residential place5(1)
officer80(3)
owner44(11)
person in charge5(1)
pest24(2)
place5(1)
prohibited activity32(5)
record47(4)
relevant offence44(11)
reviewable decision71(1)
RSPCA5(1)
scientific establishment5(1)
scientific inspector5(1)
scientific purposes5(1)
scientific use code5(1)
staff5(1)
stock26(2)
vehicle5(1)
veterinary surgeon5(1)
By Authority: JOHN A. STRIJK, Government Printer