(1)  Subject to this regulation, when transporting emus or ostriches of a class listed in column 1 of the table set out in this subregulation –

(a) the journey time for that class of emus or ostriches must not exceed the period of time specified in respect of that class of emus or ostriches in column 2 of the table; and

(b) the maximum time off water for that class of emus or ostriches is the period of time specified in respect of that class of emus or ostriches in column 3 of the table; and

(c) the minimum spell duration for that class of emus or ostriches is the period of time specified in respect of that class of emus or ostriches in column 4 of the table.

	Column 1 Class of emus or ostriches	Column 2 Journey time (hours)	Column 3 Maximum time off water (hours)	Column 4 Minimum spell duration (hours)
1.	Emus, or ostriches, aged 5 days or more but less than 90 days	24	24	12
2.	Emus, or ostriches, aged 90 days or more	36	36	24

(2)  The owner of an emu, or ostrich, aged 5 days or more must ensure that, within the period of 24 hours before commencing a journey, the bird is provided with adequate food containing sufficient nutrients to ensure the good health and vitality of the bird during transportation.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3)  The driver of a vehicle being used to transport an emu or ostrich must ensure that any bird that is aged 5 days or more but less than 90 days is given reasonable access to feed, water and shelter at least once every 12 hours during the journey.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(4)  The driver of a vehicle being used to transport an emu, or ostrich, in a container must ensure that any bird that is aged 5 days or more but less than 90 days being transported, in the container, for 72 hours or more is provided with shelter during the journey.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(5)  The owner of an emu, or ostrich, that is less than 5 days old must ensure that, once the bird is removed from an incubator to be transported, the bird is returned, for a period of at least 24 hours, to a suitable brooding environment that provides the bird with adequate feed, water and warmth –

(a) in the case of a bird transported in a container in which the bird does not have ready access to hydrating material, within 60 hours; or

(b) in any other case, within 72 hours.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(6)  The driver of a vehicle transporting an emu, or ostrich, that is less than 5 days old must take all measures reasonable in the circumstances to minimise the risk of harm to the bird from cold stress and heat stress during the journey.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.