[Bill 42]-VIII
TASMANIA
__________
ANIMAL WELFARE AMENDMENT BILL 2022
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A amended (Care or charge of animals)
6. Section 8 amended (Cruelty to animals)
7. Section 9 amended (Aggravated cruelty)
8. Section 16 amended (Power to enter, search and inspect
premises)
9. Section 17 amended (Power to take possession of animals)
10. Section 17A inserted
17A. Court may order seizure or disposal of animals
11. Section 24 amended (Power to kill animals)
12. Section 26 amended (Power to require information)
13. Section 27 amended (Animal research)
14. Section 41B inserted
41B. Offences against inspector
15. Section 45 amended (Costs and expenses)
16. Repeal of Act
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[Bill 42] 3
ANIMAL WELFARE AMENDMENT BILL 2022
(Brought in by the Minister for Primary Industries and Water,
the Honourable Joanne Lesley Palmer)
A BILL FOR
An Act to amend the Animal Welfare Act 1993
Be it enacted by Her 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 2022.
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.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of conveyance the
following definition: _______________________________________________________________ *No. 63 of 1993
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dispose, in relation to an animal, includes, but
is not limited to –
(a) the sale or rehoming of the
animal; and
(b) euthanising the animal;
5. Section 3A amended (Care or charge of animals)
Section 3A of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) For the purposes of subsection (1)(b), an
allegation contained in a complaint for an
offence under this Act that states that a
specified person had, or has, control,
possession or custody of a specified
animal is admissible as evidence in any
legal proceedings as evidence of the
matter stated.
6. Section 8 amended (Cruelty to animals)
Section 8 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(c) “may”
after “subjects or”;
(b) by inserting the following paragraph after
paragraph (j) in subsection (2):
(ja) uses a pronged collar, or a similar
collar, on an animal; or
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(c) by omitting “section 8A.” from the
definition of pest register in subsection
(3) and substituting “section 8A;”;
(d) by inserting the following definition after
the definition of pest register in
subsection (3):
pronged collar means a collar,
designed for use on animals, that
consists of a series of links or
segments with prongs, teeth or
blunted open ends turned towards
the animal’s neck so that, when
the collar is tightened, it pinches
the skin around the animal’s
neck.
7. Section 9 amended (Aggravated cruelty)
Section 9 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) If a person is charged with, but not found
guilty of, an offence under this section,
the person may be convicted of an
offence under section 8 if the evidence in
the proceedings on the charge under
section 9 establishes that the person
committed an offence under section 8.
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8. Section 16 amended (Power to enter, search and
inspect premises)
Section 16 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Despite subsection (1), an officer may,
without warrant, enter, search and inspect
any premises, including premises or a
part of premises being used as a
dwelling, if the officer reasonably
believes that –
(a) an emergency exists that –
(i) causes, or threatens to
cause, injury, illness or
distress to an animal on
the premises; or
(ii) places, or is likely to
place, the premises at
risk; and
(b) there is on the premises, or in the
dwelling, an animal that is in
need of assistance.
9. Section 17 amended (Power to take possession of
animals)
Section 17(1) of the Principal Act is amended as
follows:
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(a) by omitting from paragraph (a) “been or
is being” and substituting “been, or is
being or is likely to be,”;
(b) by omitting from paragraph (a) “and” and
substituting “or”;
(c) by inserting the following paragraph after
paragraph (a):
(ab) the animal requires medical
treatment by a veterinary surgeon
to relieve, or reduce, the pain or
suffering of the animal; or
10. Section 17A inserted
After section 17 of the Principal Act, the
following section is inserted in Part 3:
17A. Court may order seizure or disposal of
animals
(1) In any proceedings under this Act in
respect of an animal or on the application
of an officer, a magistrate may make an
order in respect of one or more of the
following:
(a) that the animal be removed from
the person who has care or charge
of the animal;
(b) that the animal be placed in the
care of, or returned to, another
person specified in the order;
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(c) that the animal –
(i) be sold, and any proceeds
of the sale be distributed
in accordance with
section 46; or
(ii) be otherwise disposed of;
(d) any other order, or direction, in
respect of the animal that the
magistrate considers appropriate
in the circumstances.
(2) A magistrate may only make an order
under subsection (1) in respect of an
animal if the magistrate is satisfied that,
without the order, the welfare of the
animal is at risk.
11. Section 24 amended (Power to kill animals)
Section 24(3)(a) of the Principal Act is amended
by omitting “7 days” and substituting “48
hours”.
12. Section 26 amended (Power to require information)
Section 26 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) For the avoidance of doubt, an officer
may perform a function, or exercise a
power, under this section in respect of a
person, regardless of whether –
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(a) the person is in Tasmania or
elsewhere; or
(b) compliance with a requirement
under this section requires
information, or documents, that
are in Tasmania or elsewhere.
13. Section 27 amended (Animal research)
Section 27 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsections:
(1) A person must not carry out animal
research unless it is carried out –
(a) by an institution licensed under
this Part; and
(b) in accordance with the licence
issued, under this Part, to the
institution.
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.
(2) Subsection (1) does not apply to –
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(a) an observational study of an
animal that is conducted by the
owner of the animal; or
(b) disease surveillance and
monitoring, of an animal, that
is conducted –
(i) by a person for the
purposes of disease
identification or disease
management; and
(ii) in accordance with
recognised methodologies
and practices; or
(c) the administration of a veterinary
treatment to an animal by a
person if that treatment is
administered for the welfare of
the animal; or
(d) normal animal management
practices, conducted by a person
in respect of an animal, if those
practices are conducted for the
welfare of the animal.
14. Section 41B inserted
After section 41A of the Principal Act, the
following section is inserted in Part 7:
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41B. Offences against inspector
A person must not intimidate, threaten or
abuse an inspector.
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 6
months, or both.
15. Section 45 amended (Costs and expenses)
Section 45 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (1):
(1A) An order made under
subsection (1) may be made to
recover costs and expenses in
respect of an animal, whether or
not proceedings under this Act, in
respect of the animal, have been
completed.
(1B) For the avoidance of doubt, more
than one order may be made
under subsection (1) in respect of
an animal, if –
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(a) additional costs and
expenses are reasonably
incurred in respect of the
animal after an order
under subsection (1) has
already been made in
respect of that animal; and
(b) those additional costs and
expenses are not covered
by an existing order under
subsection (1).
(b) by inserting the following subsection
after subsection (2):
(3) In this section, a reference to a
person includes a reference to the
Crown.
16. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.
Government Printer, Tasmania