Animal Welfare (Care and Procedures) Amendment Regulations 2020

  • Corrections have been made to the Schedule on 17 August 2020 and to regulation 24 on 25 September 2020 under section 25(1)(j)(i) and (iii) of the Legislation Act 2012.
23 New regulations 59A to 59K inserted

After regulation 59, insert:

59A Surgical reproductive procedures

(1)

A person must not perform a surgical reproductive procedure on an animal unless throughout the procedure the animal is under the influence of pain relief that is authorised by a veterinarian for the purpose of the procedure.

(2)

The owner of, and every person in charge of, an animal must not allow the animal to have a surgical reproductive procedure performed on it in breach of subclause (1).

(3)

A person who performs a surgical reproductive procedure on an animal must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(4)

The owner of, and every person in charge of, an animal that is to have a surgical reproductive procedure performed on it must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(5)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(6)

In this regulation, surgical reproductive procedure

(a)

includes a procedure that involves—

(i)

cutting into or piercing the abdominal cavity for the purpose of artificial insemination or for the purpose of harvesting, transferring, or implanting embryos; or

(ii)

transvaginal techniques that involve piercing the vaginal wall:

(b)

does not include a procedure carried out for the primary purpose of desexing or the delivery of offspring.

59B Transcervical insemination

(1)

A person who performs a transcervical insemination on an animal must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(2)

The owner of, and every person in charge of, an animal that is to have a transcervical insemination performed on it must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(3)

In this regulation, transcervical insemination means a procedure to deliver sperm directly to the uterus through the cervix using a catheter and may involve either or both of the following:

(a)

deep abdominal palpation:

(b)

using an endoscope.

59C Cystocentesis

(1)

A person who performs cystocentesis on an animal must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(2)

The owner of, and every person in charge of, an animal that is to have cystocentesis performed on it must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(3)

In this regulation, cystocentesis means a procedure involving the insertion of a needle through the wall of an animal’s body into the bladder to obtain urine samples.

59D Performing Caslick’s procedure on horses

(1)

A person must not perform a Caslick’s procedure or open or close a seam created in the course of a Caslick’s procedure unless—

(a)

the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; or

(b)

the person opens a seam created in the course of a Caslick’s procedure on a horse that is being serviced or that is foaling; or

(c)

the person closes a seam created in the course of a Caslick’s procedure after a horse has been serviced.

(2)

A person who is not a veterinarian student or a veterinary student under the direct supervision of a veterinarian must not remove tissue when opening or closing a seam created in the course of a Caslick’s procedure.

(3)

A person must not perform a Caslick’s procedure or open or close a seam created in the course of a Caslick’s procedure unless, throughout the procedure, the horse is under the influence of pain relief that is authorised by a veterinarian for the purpose of the procedure.

(4)

The owner of, and every person in charge of, a horse must not allow a Caslick’s procedure to be performed or repaired or a seam created in the course of a Caslick’s procedure to be opened in breach of subclause (1), (2), or (3).

(5)

A person who opens a seam created through a Caslick’s procedure or closes a seam opened when a horse is being serviced must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(6)

The owner of, and every person in charge of, a horse that is to have a seam that was created in the course of a Caslick’s procedure opened must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(7)

A person who fails to comply with subclause (1), (2), (3), or (4) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

59E Epidurals

(1)

A person must not perform an epidural on an equid unless the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure.

(2)

A person must not perform an epidural on an animal other than an equid unless the person—

(a)

is a veterinarian or a veterinary student under the direct supervision of a veterinarian throughout the procedure; or

(b)

injects a local anaesthetic authorised by a veterinarian for the purpose of the procedure into the epidural space.

(3)

The owner of, and every person in charge of, an animal must not allow an epidural to be performed on the animal in breach of subclause (1) or (2).

(4)

A person who performs an epidural on an animal other than an equid must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(5)

The owner of, and every person in charge of, an animal other than an equid that is to have an epidural performed on it must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(6)

A person who fails to comply with subclause (1), (2), or (3) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

59F Urinary catheterisation

(1)

A person who performs a urinary catheterisation procedure on an animal must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(2)

The owner of, and every person in charge of, an animal that is to have a urinary catheterisation procedure performed on it must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

59G Rectal examination of equids

(1)

A person must not perform a rectal examination of an equid unless—

(a)

the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; or

(b)

the rectal examination is performed for the purposes of a non-surgical reproductive procedure.

(2)

The owner of, and every person in charge of, an equid must not allow a rectal examination of the equid to be performed in breach of subclause (1).

(3)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(4)

A person who performs a rectal examination for the purposes of a non-surgical reproductive procedure on an equid must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(5)

The owner of, and every person in charge of, an equid that is to have a rectal examination must ensure that the health and welfare needs of the equid are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(6)

In this regulation,—

non-surgical reproductive procedure, in relation to an equid,—

(a)

means a procedure for reproductive purposes that does not involve cutting into or piercing the abdominal cavity of the equid; and

(b)

includes—

(i)

transcervical or cervical insemination; and

(ii)

embryo retrieval through transcervical methods; and

(iii)

pregnancy diagnosis

rectal examination includes 1 or more of the following:

(a)

entry into the rectum by any or all of the arm, hand, or fingers:

(b)

entry into the rectum by an instrument, excluding a rectal thermometer.

59H Surgical procedures in course of research, testing, and teaching

A person may perform a surgical procedure in the course of using an animal in research, testing, or teaching in accordance with Part 6 of the Animal Welfare Act 1999 and the conditions of any project approval despite any regulations in this Part other than—

(a)

regulation 55L (prohibition on hot branding of animals generally); and

(b)

regulation 58D (prohibition on cropping dogs’ ears); and

(c)

regulation 58I (prohibition on blistering, firing, soring, and nicking equids); and

(d)

regulation 59 (prohibition on mulesing sheep).

59I Tissue removal

(1)

A person must not remove tissue from an animal unless—

(a)

the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; or

(b)

the person removes the tissue under a standard operating procedure that has been approved by an animal ethics committee; or

(c)

the removal is a manipulation described in section 5(3) of the Animal Welfare Act 1999.

(2)

The owner of, and every person in charge of, an animal must not allow any tissue to be removed from the animal in breach of subclause (1).

(3)

A person who removes tissue from an animal must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(4)

The owner of, and every person in charge of, an animal that is to have any tissue removed must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(5)

A person who fails to comply with subclause (1) or (2) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(6)

In this regulation, remove tissue means to—

(a)

remove the digits of any animal other than—

(i)

in accordance with regulation 56 (which regulates the removal of dogs’ first digits (dew claws)); or

(ii)

in accordance with regulation 56A (which regulates the partial amputation of breeder chickens’ toes):

(b)

remove the entire fin of a fish:

(c)

clip or tip the tail of a rat, mouse, or reptile:

(d)

notch the ear of a rodent under 2 weeks of age:

(e)

clip the flipper of a pinniped.

59J Surgical tagging

(1)

A person must not surgically tag an animal unless—

(a)

the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; or

(b)

the tagging is a manipulation described in section 5(3) of the Animal Welfare Act 1999; or

(c)

the person tags the animal under a standard operating procedure that has been approved by an animal ethics committee.

(2)

A person must not surgically tag an animal unless the animal is given pain relief authorised by a veterinarian for the purpose of the procedure.

(3)

The owner of, and every person in charge of, an animal must not allow the animal to be surgically tagged in breach of subclause (1) or (2).

(4)

A person who surgically tags an animal must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(5)

The owner of, and every person in charge of, an animal that is to be surgically tagged must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(6)

A person who fails to comply with subclause (1), (2), or (3) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(7)

In this regulation, surgically tag means to implant any tag or transponder, other than by simple injection, that requires surgical incision of the body wall and insertion of a tag or transponder into the body cavity.

59K Desexing

(1)

A person must not desex a rodent, mustelid, rabbit, hare, or fish unless the person—

(a)

is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; or

(b)

carries out the procedure under a standard operating procedure approved by an animal ethics committee.

(2)

A person must not desex a rodent, mustelid, rabbit, hare, or fish unless the rodent, mustelid, rabbit, hare, or fish is given pain relief authorised by a veterinarian for the purpose of the procedure.

(3)

The owner of, and every person in charge of, a rodent, mustelid, rabbit, hare, or fish must not allow the rodent, mustelid, rabbit, hare, or fish to be desexed in breach of subclause (1) or (2).

(4)

A person who desexes a rodent, mustelid, rabbit, hare, or fish under subclause (1)(b) must—

(a)

be experienced with, or have received training in, the correct use of the method being used; and

(b)

be able to recognise early signs of significant distress, injury, or ill-health so that the person can take prompt remedial action or seek advice.

(5)

The owner of, and every person in charge of, a rodent, mustelid, rabbit, hare, or fish that is to be desexed must ensure that the health and welfare needs of the animal are met during the procedure and recovery, by ensuring that at all times a person is available who—

(a)

has suitable equipment; and

(b)

has the relevant knowledge, has received relevant training, or is under appropriate supervision.

(6)

A person who fails to comply with subclause (1), (2), or (3) commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $3,000; or

(b)

in the case of a body corporate, to a fine not exceeding $15,000.

(7)

In this regulation, desex means to perform any procedure to render an animal infertile, including (without limitation) vasectomy, castration, hysterectomy, or ovariectomy.