Victorian Numbered Regulations

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PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2008 (SR NO 162 OF 2008) - REG 5

Definitions

In these Regulations—

"Animal Ethics Committee", in relation to a licence under Part 3 of the Act, means a committee that has been nominated by the holder of the licence;

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

"Australian Code of Practice" means the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes, 7th edition 2004 published by the Australian Government Publishing Service, Canberra, October 2004;

"authorised electronic collar" means—

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

              (i)     a remote training collar;

              (ii)     an anti-bark collar;

              (iii)     a containment collar;

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

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

"confinement trap "means a trap that uses a cage, bag, yard or container and that confines the whole body of the animal;

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

"containment system "means a method of containing animals to a specific area through the use of a boundary wire and transmitter that sends a radio signal to a receiver in a containment collar which then delivers an electric shock to an animal wearing the collar if it gets too close to the boundary wire;

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

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

"declared pest animal" means an animal that is an established pest animal or a restricted pest animal;

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

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

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

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

"glue trap "means a trap that uses glue, adhesive material or any similar viscid substance to capture an animal;

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

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

"kill trap" means a trap designed to kill a trapped animal of the target species;

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

"laminated", in relation to a leghold trap, means that the trap has had additional metal welded either above or below, or both above and below, the surface of the jaws to increase the surface area of the jaws where they impact upon the foot or leg of an animal;

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

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

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

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

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

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

"Pound Animals Code of Practice "means the Code of Practice for the Use of Animals from Municipal Pounds in Scientific Procedures approved by the Governor in Council on 19 April 1988 and published in the Victorian Government Gazette G47 on 7 December 1988 at pages 3659–3660;

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

qualified dog trainer means a person who meets the requirements of regulation 49(2) of the Domestic (Feral and Nuisance) Animals Regulations 2005;

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

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

"restricted pest animal" means an animal that has been declared under the Catchment and Land Protection Act 1994 to be a restricted pest animal;

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

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

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

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

"urban area "means an area of land that is predominantly—

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

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

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

"veterinary practitioner" means a veterinary practitioner registered under the Veterinary Practice Act 1997 ;

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

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