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TASMANIA
__________
ANIMAL WELFARE AMENDMENT BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Care or charge of animals
6. Section 7 amended (Management of animals)
7. Section 8 amended (Cruelty to animals)
8. Section 8A inserted
8A. Pest register
9. Section 9 amended (Aggravated cruelty)
10. Section 10 amended (Baiting and shooting)
11. Sections 11A, 11B and 11C inserted
11A. Rodeos
11B. Functions of veterinary surgeon at rodeos
11C. Code of Practice for rodeos
12. Section 12 amended (Traps)
13. Section 13A inserted
13A. Functions of officer
14. Section 14 amended (Instructions by officers)
15. Section 16 amended (Power to enter, search and inspect
premises)
[Bill 7]-X
16. Section 26 substituted
26. Power to require information
17. Section 27 amended (Animal research)
18. Section 30 amended (Grant of licences)
19. Section 32 amended (Cancellation of licences)
20. Section 35 amended (Annual reports)
21. Section 39 amended (Membership of Advisory Committee)
22. Section 40 amended (Functions of Advisory Committee)
23. Sections 43AA and 43AAB inserted
43AA. Forfeiture of animal for contravention of section 43
order
43AAB. Registering an interstate order
24. Part 7A inserted
PART 7A - Infringement notices
43A. Service of infringement notices
43B. Form of infringement notice
43C. Acceptance of infringement notice
43D. Extension of acceptance
43E. Payment
43F. Effect of acceptance
43G. Withdrawal of infringement notice
43H. Certain evidence not admissible
43I. Delegation by clerk of petty sessions
25. Section 44 substituted
44. Delegation by Minister
44A. Animal welfare standards
44B. Animal welfare guidelines
26. Section 48 amended (Immunity from action)
27. Sections 48A, 48B and 48C inserted
48A. Liability of employer or body corporate
48B. Evidentiary matters
48C. Limitation period for offences
28. Section 50 amended (Regulations)
2
ANIMAL WELFARE AMENDMENT BILL 2008
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Animal Welfare Act 1993
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Animal Welfare
Amendment Act 2008.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Animal Welfare Act 1993* is
referred to as the Principal Act.
*No. 63 of 1993
[Bill 7] 3
Animal Welfare Amendment Act 2008
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definitions of "animal
research" and "animal welfare standards"
and substituting the following
definitions:
"animal research" means a
procedure, test, experiment,
inquiry or study on an animal
which -
(a) is undertaken to develop,
demonstrate or acquire
knowledge, or techniques,
in an area of science or
teaching; and
(b) is likely to, or may,
adversely affect the
welfare of the animal;
"animal welfare guidelines" means
the guidelines on animal welfare
approved by the Minister under
section 44B;
"animal welfare standards" means
the standards for the care and
management of animals
prescribed in the regulations
under section 44A;
4
Animal Welfare Amendment Act 2008
Act No. of
s. 4
"care or charge", in relation to an
animal, has the meaning given by
section 3A;
(b) by inserting "section 11C or" after
"under" in the definition of "Code of
Practice";
(c) by inserting the following definition after
the definition of "conveyance":
"function" includes duty;
(d) by omitting the definition of
"institution";
(e) by omitting the definition of "school"
and substituting the following
definitions:
"rodeo" means a competition or
public event that -
(a) involves the use of cattle
or horses, or both; and
(b) may involve the use of
other animals; and
(c) involves the riding of
bucking animals or the
catching, wrestling,
roping or tying of
animals, or any
combination of those
activities;
5
Animal Welfare Amendment Act 2008
Act No. of
s. 5
"Secretary" means Secretary of the
Department;
(f) by omitting the definition of "State
school".
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. Care or charge of animals
(1) For the purposes of this Act, a person is
taken to have the care or charge of an
animal if the person -
(a) is the owner of the animal; or
(b) has control, possession or custody
of the animal; or
(c) is the operator or manager of the
premises where the animal is held
for commercial purposes; or
(d) is the owner, operator or manager
of the land where the animal is
being agisted, unless there is a
written agreement to the contrary
between the owner of the land
and the owner of the animal; or
(e) has a share, as a share farmer, in
the business in which the animal
is owned or farmed; or
6
Animal Welfare Amendment Act 2008
Act No. of
s. 6
(f) is the chief executive officer or
manager (by whatever title
known), or a director, of a body
corporate that owns the animal.
(2) One or more persons may have the care
or charge of an animal.
(3) For the purposes of proceedings for an
offence against this Act -
(a) the conduct and state of mind of
an officer, employee or agent of a
body corporate acting within the
scope of his or her actual, usual
or ostensible authority will be
imputed to the body corporate;
and
(b) the conduct and state of mind of
an employee or agent of a natural
person acting within the scope of
his or her actual, usual or
ostensible authority will be
imputed to that person.
(4) For the purposes of subsection (3), a
reference to "conduct" or "acting"
includes a reference to failure to act.
6. Section 7 amended (Management of animals)
Section 7 of the Principal Act is amended as
follows:
7
Animal Welfare Amendment Act 2008
Act No. of
s. 7
(a) by inserting "or group of animals" after
"of an animal";
(b) by inserting "or group" after "of the
animal";
(c) by omitting "animal." and substituting
"animal or an animal in the group.";
(d) by omitting from paragraph (a) of the
penalty "40" and substituting "500";
(e) by omitting from paragraph (b) of the
penalty "20" and substituting "100".
7. Section 8 amended (Cruelty to animals)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) of the
penalty under subsection (1) "100" and
substituting "500";
(b) by omitting from paragraph (b) of the
penalty under subsection (1) "50" and
substituting "100";
(c) by omitting from subsection (2)(e)
"shelter and" and substituting "shelter
or";
(d) by inserting in subsection (2)(h) "or
otherwise uses in respect of" after "to";
8
Animal Welfare Amendment Act 2008
Act No. of
s. 7
(e) by omitting subparagraph (v) from
subsection (2)(h) and substituting the
following subparagraphs:
(v) the purposes of controlling a List
A disease as defined in the
Animal Health Act 1995; or
(vi) the purposes of controlling a pest
animal in accordance with the
pest register; or
(f) by inserting the following subsection
after subsection (2):
(3) In this section -
"abandons", in relation to an
animal, includes the
relinquishing of the care
or charge of the animal
without ensuring that
another person has, or
will immediately take,
care or charge of the
animal;
"appropriate and sufficient"
means -
(a) in relation to the
provision of food
to an animal, that
food of sufficient
quality is
provided -
9
Animal Welfare Amendment Act 2008
Act No. of
s. 7
(i) in sufficient
quantity to
meet the
nutritional
requirements
of
maintaining
the animal in
reasonable
body
condition
and, if
appropriate,
allowing for
growth and
reproduction;
and
(ii) as often as
appropriate
for the
digestive
system and
metabolism
of the animal;
or
(b) in relation to the
provision of drink,
that fluids of
sufficient quality
are provided in
sufficient quantity
to keep the animal
hydrated at all
times; or
10
Animal Welfare Amendment Act 2008
Act No. of
s. 8
(c) in relation to the
provision of
shelter, that shelter
which affords
protection for the
animal from the
adverse effects of
weather conditions
is provided;
"pest animal" means an
animal of a kind or class
which is entered in the
pest register;
"pest register" means the pest
register established and
maintained under
section 8A.
8. Section 8A inserted
After section 8 of the Principal Act, the
following section is inserted in Part 2:
8A. Pest register
(1) The Minister is to establish and maintain
a register of kinds or classes of animals
which are pests.
(2) The Minister, after consulting the
Advisory Committee, may enter in, or
remove from, the register -
11
Animal Welfare Amendment Act 2008
Act No. of
s. 9
(a) the kind or class of an animal
which is a pest; and
(b) injurious drugs, toxic substances
and noxious substances that may
be administered or otherwise used
to control such an animal of such
a kind or class.
(3) The register is to be in a form determined
by the Minister.
(4) The Minister may correct the register or
an entry in the register without a
recommendation from the Advisory
Committee.
9. Section 9 amended (Aggravated cruelty)
Section 9 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) of the
penalty "200" and substituting "1 000";
(b) by omitting from paragraph (b) of the
penalty "100" and substituting "200".
10. Section 10 amended (Baiting and shooting)
Section 10 of the Principal Act is amended as
follows:
12
Animal Welfare Amendment Act 2008
Act No. of
s. 11
(a) by omitting from subsection (1)(b) "a
match or competition" and substituting
"an activity";
(b) by omitting from paragraph (a) of the
penalty under subsection (1) "100" and
substituting "1 000";
(c) by omitting from paragraph (b) of the
penalty under subsection (1) "50" and
substituting "200";
(d) by omitting from subsection (2) "a match
or competition" and substituting "an
activity";
(e) by omitting from paragraph (a) of the
penalty under subsection (2) "100" and
substituting "1 000";
(f) by omitting from paragraph (b) of the
penalty under subsection (2) "50" and
substituting "200";
(g) by omitting from paragraph (a) of the
penalty under subsection (3) "100" and
substituting "1 000";
(h) by omitting from paragraph (b) of the
penalty under subsection (3) "50" and
substituting "200".
11. Sections 11A, 11B and 11C inserted
After section 11 of the Principal Act, the
following sections are inserted in Part 2:
13
Animal Welfare Amendment Act 2008
Act No. of
s. 11
11A. Rodeos
(1) A person responsible for the organisation
and conduct of a rodeo must ensure that
it is conducted in accordance with -
(a) the Code of Practice for rodeos
approved under section 11C; and
(b) the prescribed requirements, if
any.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 200 penalty
units; or
(b) a natural person, a fine
not exceeding 50 penalty
units or imprisonment for
a term not exceeding 12
months, or both.
(2) A person responsible for the organisation
and conduct of a rodeo must ensure that a
veterinary surgeon is in attendance at all
events at the rodeo that involve an
animal.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 200 penalty
units; or
(b) a natural person, a fine
not exceeding 50 penalty
14
Animal Welfare Amendment Act 2008
Act No. of
s. 11
units or imprisonment for
a term not exceeding 12
months, or both.
(3) A person must not participate in an event
at a rodeo except in accordance with -
(a) the Code of Practice for rodeos
approved under section 11C; and
(b) the prescribed requirements, if
any.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 200 penalty
units; or
(b) a natural person, a fine
not exceeding 50 penalty
units or imprisonment for
a term not exceeding 12
months, or both.
(4) A person must not organise, or
participate in, an event at a rodeo that
involves the riding of sheep, calves or
goats.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 200 penalty
units; or
(b) a natural person, a fine
not exceeding 50 penalty
15
Animal Welfare Amendment Act 2008
Act No. of
s. 11
units or imprisonment for
a term not exceeding 12
months, or both.
11B. Functions of veterinary surgeon at rodeos
(1) A veterinary surgeon who is attending a
rodeo at the request of a person who is
responsible for the organisation and
conduct of the rodeo has the following
functions:
(a) the examination of animals for
fitness for use in the rodeo before
they compete;
(b) the examination and treatment of
sick or injured animals;
(c) the euthanasia of an animal if the
veterinary surgeon considers it in
the best interests and welfare of
the animal;
(d) other functions imposed by the
Code of Practice for rodeos
approved under section 11C.
(2) A veterinary surgeon who is attending a
rodeo at the request of a person who is
responsible for the organisation and
conduct of the rodeo has the following
powers:
(a) if the veterinary surgeon
considers that an animal is not fit
16
Animal Welfare Amendment Act 2008
Act No. of
s. 11
for use in the rodeo, the
veterinary surgeon may require -
(i) the person responsible for
the organisation and
conduct of the rodeo to
prevent the use of the
animal in the rodeo; and
(ii) the person who has
control of the animal not
to use, or allow the use of,
the animal in the rodeo;
(b) if the veterinary surgeon
considers that certain actions
need to be taken to allow him or
her to properly assess the health,
welfare or fitness of an animal or
that any actions need to be taken,
or should not be taken, in relation
to the treatment, health, best
interests or welfare of an animal,
the veterinary surgeon may
require -
(i) the person responsible for
the organisation and
conduct of the rodeo to do
or refrain from doing any
action, or to ensure that
any action is taken or not
taken, in relation to that
animal; and
17
Animal Welfare Amendment Act 2008
Act No. of
s. 11
(ii) the person who has
control of the animal to
do or refrain from doing
any action, or to allow or
prevent the taking of any
action, in relation to that
animal;
(c) other powers provided by the
Code of Practice for rodeos
approved under section 11C;
(d) the power to do all things
necessary or convenient for the
performance of the functions of
the veterinary surgeon.
(3) A person who has been required to do or
refrain from doing any action under
subsection (2) must not contravene that
requirement.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 500 penalty
units; or
(b) a natural person, a fine
not exceeding 100 penalty
units or imprisonment for
a term not exceeding 12
months, or both.
18
Animal Welfare Amendment Act 2008
Act No. of
s. 12
11C. Code of Practice for rodeos
The Minister, after consulting the
Advisory Committee, may approve a
Code of Practice to -
(a) regulate the organisation and
conduct of, and participation in,
rodeos; and
(b) ensure the welfare of animals
used in, or for the purposes of,
rodeos.
12. Section 12 amended (Traps)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "leghold
trap or snare." and substituting "leghold
trap, glueboard trap or snare.";
(b) by omitting from subsection (2) "leghold
trap or snare." and substituting "leghold
trap, glueboard trap or snare.";
(c) by inserting the following subsection
after subsection (5):
(6) In this section -
"glueboard trap" means a
device that uses an
adhesive substance to
entrap an animal.
19
Animal Welfare Amendment Act 2008
Act No. of
s. 13
13. Section 13A inserted
After section 13 of the Principal Act, the
following section is inserted in Part 3:
13A. Functions of officer
An officer has the following functions:
(a) to protect, and secure the welfare
of, animals;
(b) to advise and instruct persons
with the care or charge of
animals;
(c) to investigate whether this Act
has been contravened and, if so,
take appropriate action.
14. Section 14 amended (Instructions by officers)
Section 14 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) An officer may give to one or more of
the following persons such instructions
as may be necessary to enable the officer
to assess or ensure the welfare of an
animal:
(a) a person who has the care or
charge of the animal;
20
Animal Welfare Amendment Act 2008
Act No. of
s. 15
(b) a person who usually has the care
or charge of the animal;
(c) a person who the officer has
reasonable grounds for believing
will have the care or charge of the
animal in the future.
15. Section 16 amended (Power to enter, search and
inspect premises)
Section 16 of the Principal Act is amended by
omitting subsection (2A) and substituting the
following subsection:
(2A) An officer may seize anything found on
premises searched or inspected under
subsection (1) or (2) that the officer
reasonably believes -
(a) is being, or has been, used in
committing an offence against
this Act; or
(b) is evidence that an offence is
being, or has been, committed
against this Act.
16. Section 26 substituted
Section 26 of the Principal Act is repealed and
the following section is substituted:
21
Animal Welfare Amendment Act 2008
Act No. of
s. 16
26. Power to require information
(1) In the course of performing functions or
exercising powers under this Act, an
officer may require any person to do one
or more of the following:
(a) provide his or her name and
address to the officer;
(b) answer any question relating to
the health or welfare of an animal
or to any other matter to which
this Act applies;
(c) provide a document, or a copy of
a document, that is in the
person's possession or control
and that relates to the health or
welfare of an animal or to any
other matter to which this Act
applies;
(d) provide information to which the
person has access and that relates
to the health or welfare of an
animal or to any other matter to
which this Act applies.
(2) A requirement under subsection (1)(c) or
(d) may require that the person provide
the document, the copy of the document
or the information in accordance with
one or more of the following:
(a) at a specified place;
22
Animal Welfare Amendment Act 2008
Act No. of
s. 16
(b) to a specified person;
(c) at, by or within a specified time;
(d) in a specified manner.
(3) A person must comply with a
requirement of an officer made under
subsection (1).
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 200 penalty
units; or
(b) a natural person, a fine
not exceeding 50 penalty
units or imprisonment for
a term not exceeding 12
months, or both.
(4) A person must not provide an answer, a
document, a copy of a document or
information under this section that he or
she knows to be false or misleading in a
material particular.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 200 penalty
units; or
(b) a natural person, a fine
not exceeding 50 penalty
units or imprisonment for
23
Animal Welfare Amendment Act 2008
Act No. of
s. 17
a term not exceeding 12
months, or both.
(5) If an answer, document, copy of a
document or information is obtained
from a person by an officer under this
section, the answer, document, copy of
the document or information is
inadmissible against the person in any
civil or criminal proceedings, other than
proceedings for an offence under this
Act.
17. Section 27 amended (Animal research)
Section 27 of the Principal Act is amended by
omitting subsection (2).
18. Section 30 amended (Grant of licences)
Section 30 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"inspector and after consultation with the
Advisory Committee," and substituting
"inspector,";
(b) by omitting from subsection (2)
"Practice." and substituting "Practice
approved under section 34.";
24
Animal Welfare Amendment Act 2008
Act No. of
s. 19
(c) by omitting paragraph (c) from
subsection (3) and substituting the
following paragraphs:
(c) that the licensed institution is to
be inspected at regular intervals
and at least once in every 12
months to ensure compliance
with the conditions of the licence;
(ca) that the licensed institution is to
advise an inspector of the date,
nature and result of any external
review of the compliance by the
institution with the Code of
Practice;
19. Section 32 amended (Cancellation of licences)
Section 32(1) of the Principal Act is amended by
omitting "inspector or the Advisory Committee,"
and substituting "inspector,".
20. Section 35 amended (Annual reports)
Section 35 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsections:
(1) A licensed institution must submit a
report to the Minister on its activities in
relation to animal research carried out by
it no later than -
25
Animal Welfare Amendment Act 2008
Act No. of
s. 21
(a) the date specified for the
submission of the report in the
licence, or the conditions of the
licence, of the institution; or
(b) if no date is specified in the
licence or its conditions, 14
months after the issue of the
licence.
(2) After submitting a report under
subsection (1), a licensed institution must
submit a report to the Minister at 12-
month intervals.
21. Section 39 amended (Membership of Advisory
Committee)
Section 39(1)(l) of the Principal Act is amended
by omitting "the Australian and New Zealand
Federation of Animal Societies;" and
substituting "Animals Australia Incorporated;".
22. Section 40 amended (Functions of Advisory
Committee)
Section 40(1) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (h) "or animal
welfare guidelines" after "standards";
(b) by inserting the following paragraph after
paragraph (h):
26
Animal Welfare Amendment Act 2008
Act No. of
s. 23
(ha) any other functions imposed by
this Act;
23. Sections 43AA and 43AAB inserted
After section 43 of the Principal Act, the
following sections are inserted in Part 7:
43AA. Forfeiture of animal for contravention of
section 43 order
(1) On the application of an officer, a
magistrate may order that an animal is
forfeited to the Crown if he or she is
satisfied that a person has custody of the
animal in contravention of an order made
under section 43(1) or such an order as
varied under section 43(5).
(2) An application for an order under
subsection (1) may be made -
(a) in conjunction with proceedings
for an offence against
section 43(7), separately from
proceedings for such an offence
or orally on a finding of guilt
(including a plea of guilty) in
proceedings for such an offence;
and
(b) whether or not proceedings for
such an offence have been
instituted.
27
Animal Welfare Amendment Act 2008
Act No. of
s. 23
(3) An officer may take possession of and
detain a forfeited animal.
(4) A forfeited animal may be disposed of in
any manner determined by the Secretary.
(5) In this section -
"forfeited animal" means -
(a) a particular animal
referred to in an order
made under subsection (1)
and which is forfeited to
the Crown by reason of
that order; or
(b) if an order is made under
subsection (1) which
forfeits an animal in the
custody of a person to the
Crown without referring
to a particular animal, the
animal in the custody of
the person that an officer
determines is to be so
forfeited in accordance
with that order.
43AAB. Registering an interstate order
(1) The Minister is to establish and maintain
a register of interstate orders.
(2) The Minister is to record in the register
an interstate order, or a variation of a
registered interstate order, if -
28
Animal Welfare Amendment Act 2008
Act No. of
s. 23
(a) requested to do so in writing by
an interstate Minister; and
(b) provided with a copy, or an
extract of the operative
provisions, of the order or
variation by the interstate
Minister.
(3) As soon as practicable after the
registration of an interstate order, or the
variation of a registered interstate order,
the Minister is to ensure that a notice is
served on the person who is the subject
of the order informing him or her that -
(a) the interstate order has been -
(i) recorded in the register
under this section; or
(ii) varied and the variation of
the order has been
recorded in the register
under this section; and
(b) the registration of the order, or
variation of the order, does not
take effect until 14 days after the
day on which the notice is served
on the person; and
(c) from the time the registration
takes effect, a contravention of
the order, or order as varied, in
Tasmania is an offence under
subsection (5).
29
Animal Welfare Amendment Act 2008
Act No. of
s. 23
(4) The registration of an interstate order, or
variation of a registered interstate order,
takes effect 14 days after notice is
served, in accordance with
subsection (3), on the person who is the
subject of the order.
(5) A person who is the subject of a
registered interstate order -
(a) must not contravene the order in
Tasmania; or
(b) if the order has been varied and
the variation registered, must not
contravene the order as so varied
in Tasmania.
Penalty: In the case of -
(a) a body corporate, a fine
not exceeding 20 penalty
units; or
(b) a natural person, a fine
not exceeding 10 penalty
units or imprisonment for
a term not exceeding 3
months, or both.
(6) In proceedings for an offence against
subsection (5), a certificate purporting to
be signed by the Minister certifying one
or more of the following matters is
evidence of the matters so certified:
30
Animal Welfare Amendment Act 2008
Act No. of
s. 23
(a) that on the day specified in the
certificate an interstate order was
or was not registered;
(b) that on the day specified in the
certificate a variation of a
registered interstate order was or
was not registered;
(c) that on the day specified in the
certificate the registration of a
registered interstate order, or the
variation of a registered interstate
order, had or had not taken effect;
(d) that on the day specified in the
certificate the terms set out in the
certificate were the terms of a
registered interstate order, the
terms of a registered variation of
such an order or the terms of such
an order as varied by a registered
variation.
(7) In this section -
"corresponding law" means a
provision of a law of another
State or a Territory that relates to
animal welfare or the prevention
of cruelty to animals and that the
Minister accepts to be a
corresponding law for the
purposes of this section;
"interstate Minister" means the
Minister in another State or a
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Animal Welfare Amendment Act 2008
Act No. of
s. 24
Territory who is responsible for
the administration of a
corresponding law;
"interstate order" means an order of
a court made in another State or a
Territory under a corresponding
law;
"registration", in relation to an
interstate order or the variation of
a registered interstate order,
means the recording of the
interstate order or variation in the
register.
24. Part 7A inserted
After section 43AAB of the Principal Act, the
following Part is inserted:
PART 7A - INFRINGEMENT NOTICES
43A. Service of infringement notices
(1) An officer may serve an infringement
notice on a person if the officer is of the
opinion that the person has committed an
offence under this Act or the regulations.
(2) An infringement notice is not to be
served on a person who has not attained
the age of 18 years.
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Animal Welfare Amendment Act 2008
Act No. of
s. 24
43B. Form of infringement notice
An infringement notice -
(a) is to be in a form approved by the
Secretary; and
(b) may not relate to more than 3
offences; and
(c) is to specify -
(i) each offence to which it
relates; and
(ii) the person alleged to have
committed each such
offence; and
(iii) the prescribed penalty for
each such offence; and
(iv) the total amount payable
under the infringement
notice; and
(v) the place at which the
penalty for each such
offence is to be paid; and
(vi) any other prescribed
details; and
(d) is to state that the person on
whom it is served may disregard
the notice but that, on doing so,
he or she may be prosecuted for
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Animal Welfare Amendment Act 2008
Act No. of
s. 24
each offence to which the notice
relates.
43C. Acceptance of infringement notice
A person may accept an infringement
notice by doing either of the following
within 21 days after being served with
the notice:
(a) paying the total amount payable;
(b) giving, at the place specified in
the notice, a written undertaking
to pay the total amount payable.
43D. Extension of acceptance
If an infringement notice is not accepted
within 21 days after being served, a clerk
of petty sessions may allow one further
period of up to 14 days commencing on
the expiry of the 21-day period for the
acceptance of the infringement notice.
43E. Payment
(1) If a person undertakes under
section 43C(b) to pay the total amount
payable under an infringement notice -
(a) the person may make
representations to a clerk of petty
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Animal Welfare Amendment Act 2008
Act No. of
s. 24
sessions in respect of the person's
ability to pay the amount; and
(b) the clerk of petty sessions, taking
into account those
representations, may determine
the period, not exceeding 60 days
commencing on the day on which
the notice was served, within
which the amount is to be paid.
(2) If a person fails to pay any amount in
accordance with an undertaking,
proceedings may be taken against the
person in respect of the amount
remaining outstanding as if it were a
penalty imposed on the person on
summary conviction.
43F. Effect of acceptance
(1) The acceptance of an infringement notice
is not an admission of liability in any
civil proceedings.
(2) Proceedings against a person for an
offence to which an infringement notice
that has not been withdrawn relates must
not be brought -
(a) if the person has accepted the
infringement notice; or
(b) within -
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Animal Welfare Amendment Act 2008
Act No. of
s. 24
(i) 28 days after the
infringement notice was
served if the person has
not been allowed a further
period under section 43D;
or
(ii) 42 days after the notice
was served if the person
has been allowed a further
period under section 43D.
43G. Withdrawal of infringement notice
(1) An officer, or the Secretary, may
withdraw an infringement notice served
on a person if the officer or Secretary is
of the opinion that -
(a) the infringement notice should
not have been served; or
(b) the person should not be
proceeded against for the offence
to which the infringement notice
relates.
(2) An infringement notice may be
withdrawn whether or not it has been
accepted.
(3) An infringement notice is withdrawn by
serving a notice stating that the
infringement notice has been withdrawn
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Animal Welfare Amendment Act 2008
Act No. of
s. 25
on the person who was served with the
infringement notice.
(4) A clerk of petty sessions must repay to a
person any amount paid by that person in
respect of an infringement notice that has
been withdrawn.
43H. Certain evidence not admissible
Evidence of the service, acceptance or
withdrawal of an infringement notice is
not admissible in any proceedings for the
offence to which the notice relates unless
it is alleged that the proceedings have
been taken in contravention of
section 43F(2).
43I. Delegation by clerk of petty sessions
A clerk of petty sessions may delegate
any of his or her functions or powers
under this Part, other than this power of
delegation.
25. Section 44 substituted
Section 44 of the Principal Act is repealed and
the following sections are substituted:
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Animal Welfare Amendment Act 2008
Act No. of
s. 26
44. Delegation by Minister
The Minister may delegate any of his or
her powers under this Act other than this
power of delegation.
44A. Animal welfare standards
The regulations may prescribe standards
which must be followed in the care and
management of animals.
44B. Animal welfare guidelines
(1) The Minister, after consultation with the
Advisory Committee, may approve
guidelines on animal welfare.
(2) Animal welfare guidelines are to include
guidelines for the education and guidance
of persons involved in the care and
management of animals.
26. Section 48 amended (Immunity from action)
Section 48(a)(i) of the Principal Act is amended
by omitting "duty" and substituting "function".
27. Sections 48A, 48B and 48C inserted
After section 48 of the Principal Act, the
following sections are inserted in Part 8:
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Animal Welfare Amendment Act 2008
Act No. of
s. 27
48A. Liability of employer or body corporate
(1) If an employee is charged with an
offence under this Act and the employee
proves to the satisfaction of a court that
he or she was acting on the instructions
of his or her employer, the court may -
(a) while continuing to hear the
proceedings against the
employee, order the employer to
appear and answer the charge as
if the employer had also been
charged with the offence; or
(b) dismiss the charge against the
employee and order the employer
to appear and answer the charge
as if the employer had been
charged with the offence; or
(c) continue to hear the proceedings
against the employee and take no
further action in respect of the
employer; or
(d) dismiss the charge against the
employee and take no further
action in respect of the charge.
(2) If a body corporate commits an offence
against this Act -
(a) each person concerned in the
management of the body
corporate is taken to have also
committed the offence and may
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Animal Welfare Amendment Act 2008
Act No. of
s. 27
be convicted of the offence unless
the person shows that -
(i) the act or omission
constituting the offence
took place without the
person's knowledge or
consent; or
(ii) the person used all due
diligence to prevent the
act or omission by the
body corporate; and
(b) the obligations of the body
corporate under this Act are not
dissolved by the dissolution of
the body corporate, or by the
body corporate becoming an
externally administered body
corporate within the meaning of
the Corporations Act, after the
day the offence took place.
48B. Evidentiary matters
(1) In any legal proceedings under this Act, a
document purporting to be a report
signed by a veterinary surgeon is taken to
be evidence of the particulars contained
in the report in the absence of evidence
to the contrary.
(2) In any legal proceedings under this Act, a
certificate purporting to be signed by the
Minister certifying one or more of the
40
Animal Welfare Amendment Act 2008
Act No. of
s. 27
following matters is evidence of the
matters so certified:
(a) that on a day specified in the
certificate an animal was or was
not entered in the register
maintained under section 8A;
(b) that on a day specified in the
certificate an injurious drug or a
toxic or noxious substance was
entered in that register in respect
of the control of an animal
entered in that register.
(3) In any legal proceedings under this Act,
an inspector or officer is taken to have
been validly appointed as inspector or
officer in the absence of evidence to the
contrary.
48C. Limitation period for offences
(1) Proceedings for an offence against
section 9 or 10 may be commenced
within 5 years after the day on which the
offence is alleged to have been
committed.
(2) Proceedings for an offence against any
other provision of this Act may be
commenced within 2 years after the day
on which the offence is alleged to have
been committed.
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Animal Welfare Amendment Act 2008
Act No. of
s. 28
28. Section 50 amended (Regulations)
Section 50 of the Principal Act is amended by
inserting after subsection (5) the following
subsections:
(6) A regulation under this section may
authorise any matter or thing to be from
time to time determined, applied or
regulated by any person specified in the
regulations.
(7) The regulations may -
(a) provide that a contravention of
any of the regulations is an
offence; and
(b) in respect of such an offence -
(i) in the case of an offence
by a body corporate,
provide for the imposition
of a fine not exceeding
100 penalty units and, if
the offence is a continuing
offence, a further fine not
exceeding 20 penalty
units for each day during
which the offence
continues; or
(ii) in the case of an offence
by a natural person,
provide for the imposition
of a fine not exceeding 50
penalty units and, if the
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Animal Welfare Amendment Act 2008
Act No. of
s. 28
offence is a continuing
offence, a further fine not
exceeding 10 penalty
units for each day during
which the offence
continues.
Government Printer, Tasmania 43