2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Animal Welfare (Factory Farming) Amendment Bill 2013

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Legislation repealed	2
Part 2	Animal Welfare Act 1992
	5	New section 9A	3
	6	New section 9B	4
	7	New section 9C	5
	8	Exception—conduct in accordance with approved code of practice or mandatory code of practice
New section 20 (aa)	5
	9	New section 20 (ab)	6
	10	New section 20 (ac)	6
	11	New part 12	6
Part 3	Animal Welfare Regulation 2001
	12	Definitions—pt 6
Section 8, definition of floor area	8
	13	Sections 11, 13, 15, 16 and 17	8
	14	Dictionary, definition of floor area	8
Part 4	Domestic Animals Act 2000
	15	Dictionary, definition of animal welfare offence, new paragraph (da)	9
	16	Dictionary, definition of animal welfare offence, new paragraph (db)	9
	17	Dictionary, definition of animal welfare offence, new paragraph (dc)	9

2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Animal Welfare (Factory Farming) Amendment Bill 2013

A Bill for
An Act to amend the Animal Welfare Act 1992, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Animal Welfare (Factory Farming) Amendment Act 2013.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Animal Welfare Act 1992
·	Animal Welfare Regulation 2001
·	Domestic Animals Act 2000.
4	Legislation repealed
The Animal Welfare (Amendment) Act 1997 (A1997-45) is repealed.

Part 2	Animal Welfare Act 1992
5	New section 9A
insert
9A	Battery cages for commercial egg production
	(1)	A person commits an offence if the person keeps a laying fowl for commercial egg production in a battery cage.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
battery cage means a cage for housing a laying fowl that does not allow the fowl to do all of the following, whether because of the cage itself (including its dimensions) or things in the cage (including another laying fowl):
	(a)	fully stretch;
	(b)	perch;
	(c)	access litter;
	(d)	lay eggs in a nest.
commercial egg production does not include egg production by a person the main purpose of which is the production of eggs for the person’s own consumption.
laying fowl means a female domesticated chicken (Gallus gallus) that is 16 weeks old or older.
6	New section 9B
insert
9B	Keeping pigs—appropriate accommodation
	(1)	A person commits an offence if—
	(a)	the person keeps a pig; and
	(b)	the pig is not kept in appropriate accommodation.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
appropriate accommodation, for a pig kept by a person, means accommodation—
	(a)	that allows the pig to—
	(i)	turn around, stand up and lie down without difficulty; and
	(ii)	have a clean, comfortable and adequately drained place in which it can lie down; and
	(iii)	maintain a comfortable temperature; and
	(iv)	have outdoor access; and
	(b)	if the accommodation is for more than 1 pig—that allows each pig in the accommodation to lie down at the same time; and
	(c)	if the person keeps more than 1 pig—that allows the pig to see another pig except if—
	(i)	the pig is isolated on the advice of a veterinary surgeon; or
	(ii)	it is a week before, or during, farrowing for the pig.
7	New section 9C
insert
9C	Removing or trimming beak of fowl
	(1)	A person commits an offence if the person removes or trims the beak of a fowl.
Maximum penalty:  50 penalty units.
	(2)	This section does not apply to a veterinary surgeon who removes or trims the beak for a therapeutic purpose.
	(3)	An offence against this section is a strict liability offence.
	(4)	In this section:
fowl means a female domesticated chicken (Gallus gallus).
8	Exception—conduct in accordance with approved code of practice or mandatory code of practice
New section 20 (aa)
before section 20 (a), insert
	(aa)	section 9A (Battery cages for commercial egg production);
9	New section 20 (ab)
before section 20 (a), insert
	(ab)	section 9B (Keeping pigs—appropriate accommodation);
10	New section 20 (ac)
before section 20 (a), insert
	(ac)	section 9C (Removing or trimming beak of fowl);
11	New part 12
insert
Part 12	Transitional—Animal Welfare (Factory Farming) Amendment Act 2013
120	Existing commercial egg producer
	(1)	This section applies if—
	(a)	a person and the Territory are parties to an agreement (however described) before the day this section commences; and
	(b)	the agreement includes a condition (however described) about the conversion of the person’s facility for producing eggs from battery cages to a barn system.
	(2)	Section 9A (Battery cages for commercial egg production) does not apply to the person until 16 May 2016.
	(3)	Also, the following provisions of the Animal Welfare Regulation 2001 apply to the person until 16 May 2016 as if they had not been repealed:
	(a)	section 8, definition of floor area;
	(b)	section 11 (Offence—failure to comply with multi-deck structure requirements);
	(c)	section 13 (Offence—failure to comply with cage height requirements);
	(d)	section 15 (Offence—failure to provide minimum cage floor area for 1 laying fowl);
	(e)	section 16 (Offence—failure to provide minimum cage floor area for 2 laying fowl);
	(f)	section 17 (Offences—failure to provide minimum cage floor area for 3 or more laying fowl);
	(g)	the dictionary, definition of floor area.
121	Expiry—pt 12
This part expires on 16 May 2016.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 3	Animal Welfare Regulation 2001
12	Definitions—pt 6
Section 8, definition of floor area
omit
13	Sections 11, 13, 15, 16 and 17
omit
14	Dictionary, definition of floor area
omit

Part 4	Domestic Animals Act 2000
15	Dictionary, definition of animal welfare offence, new paragraph (da)
insert
	(da)	section 9A (Battery cages for commercial egg production);
16	Dictionary, definition of animal welfare offence, new paragraph (db)
insert
	(db)	section 9B (Keeping pigs—appropriate accommodation);
17	Dictionary, definition of animal welfare offence, new paragraph (dc)
insert
	(dc)	section 9C (Removing or trimming beak of fowl);

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 19 September 2013.
2	Notification
	Notified under the Legislation Act on	2013.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013