Animal Welfare Amendment Bill 2022
42 of 2022
2022

[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