Australian Capital Territory
Animal Welfare Regulations 2001
Subordinate Law 2001 No 26

The Australian Capital Territory Executive makes the following regulations under the Animal Welfare Act 1992.
Dated 25 July 2001.
brendan smyth
Minister
michael moore
Minister

Australian Capital Territory
Animal Welfare Regulations 2001
Subordinate Law 2001 No 26
made under the
Animal Welfare Act 1992

    
Contents
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Meaning of code	1
	4	Notes	1
	5	Prescribed electrical devices and animals for Act, s 13 (2)	1
	6	Prescribed animals for Act, s 25 (2) (c)	2
	7	Ethics committees—Act, s 50 and dict	2
	8	Caging egg-producing domestic fowls	2
	9	Repeal of Animal Welfare Regulations	3
Schedule 1	Permitted uses of electrical devices on animals	4
Schedule 2	Animals permitted to be used for teaching in certain schools	5
Part 1	Amphibians	5
Part 2	Birds	5
Part 3	Fish	5
Part 4	Mammals	6

1	Name of regulations
These regulations are the Animal Welfare Regulations 2001.
2	Commencement
These regulations commence on the day they are notified in the Gazette.
3	Meaning of code
In these regulations:
code means the Australian code of practice for the care and use of animals for scientific purposes, 6th Edition, 1997 published by the National Health and Medical Research Council, amended by omitting from the first line of paragraph 2.2.1 (iii) on page 10 ‘approve, subject’ and substituting ‘approve, approve subject’.
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Interpretation Act 1967, s 12 (1), (4) and (5) for the legal status of notes.
5	Prescribed electrical devices and animals for Act, s 13 (2)
The Act, section 13 (1) does not apply to the use by a person of an electrical device mentioned in an item of  schedule 1 on an animal mentioned in the same item of that schedule.
Note	The Act, s 13 (1) prohibits the administration of a shock to an animal, except in a manner authorised under a Territory law.
6	Prescribed animals for Act, s 25 (2) (c)
The Act, section 25 does not apply to a person who uses an animal mentioned in schedule 2 for teaching purposes in a preschool or primary school.
Note	The Act, s 25 (1) prohibits the use or breeding of an animal for research or teaching.
7	Ethics committees—Act, s 50 and dict
	(1)	An animal ethics committee established in accordance with the code is an ethics committee for the Act.
	(2)	The constitution and functions of an ethics committee are the constitution and functions set out in the code.
8	Caging egg-producing domestic fowls
	(1)	A person who keeps a domestic fowl (Gallus gallus) for producing eggs must ensure that the cage in which the fowl is kept has enough floor space.
Maximum penalty:  10 penalty units.
	(2)	For subregulation (1), a cage has enough floor space if it provides at least 550 cm2 of floor space for each fowl in the cage.
	(3)	In calculating floor space for subregulation (2), any space occupied by a baffle is taken to be floor space.
	(4)	For subsection (1), a cage that is in use immediately before the commencement of this regulation has enough floor space if it complies with the Animal Welfare Regulations, regulation 31A, as in force immediately before that commencement.
Note	The Animal Welfare Regulations, reg 31A, as far as relevant, provided as follows:
(2)  … the floor space of a cage shall be taken to be adequate if it is not less than—
	(a)	in the case of a cage in which 1 fowl is confined—1000 cm2;
	(b)	in the case of a cage in which 2 fowls are confined—1350 cm2; or
	(c)	in any other case—
	(i)	if the average weight of the fowls in the cage is 2.4 kg or less—450 cm2 per confined fowl; or
	(ii)	if the average weight of the fowls in the cage is greater than 2.4 kg—600 cm2 per confined fowl.
	(5)	Subregulation (4) and this regulation expire on 1 January 2008.
9	Repeal of Animal Welfare Regulations
The Animal Welfare Regulations SL 1993 No 12 are repealed.

Schedule 1	Permitted uses of electrical devices on animals
(see reg 5)
    
Column 1
item	Column 2
permitted electrical device	Column 3
permitted species of animal	
1	electro-ejaculator	cattle and sheep	
2	electric stock prod	cattle and pigs	
3	electric fence	animals other than poultry or domestic animals	
4	electric ‘fightback’ lure	dogs	

Schedule 2	Animals permitted to be used for teaching in certain schools
(see reg 6)
Part 1	Amphibians
axolotl
frog
Part 2	Birds
budgerigar
chicken
cockatiel
finch
pigeon
quail
Part 3	Fish
goldfish
guppy
platy
silver perch
sword tail
Part 4	Mammals
guinea pig
mouse 
rabbit
rat

Endnotes
Notification
1	Notified in Gazette 2001 No 31 on 2 August 2001.
Penalty units
2	The Interpretation Act 1967, s 33AA deals with the meaning of offence penalties that are expressed in penalty units.

Printed by Authority of the ACT Government Printer
© Australian Capital Territory 2001