Australian Capital Territory
Animal Welfare Regulations 2001     No 26
made under the
Animal Welfare Act 1992
Republication No 2
Republication date: 24 September 2002
Last amendment made by Act 2002 No 30
Amendments incorporated to 17 September 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication
The republished law
This is a republication of the Animal Welfare Regulations 2001, made under the Animal Welfare Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 September 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 17 September 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
17 September 2002

Australian Capital Territory
Animal Welfare Regulations 2001
made under the
Animal Welfare Act 1992
Contents
	Page
	1	Name of regulations	2
	3	Meaning of code	2
	4	Notes	2
	5	Prescribed electrical devices and animals for Act, s 13 (2)	2
	6	Prescribed animals for Act, s 25 (2) (c)	2
	7	Ethics committees—Act, s 50 and dict	3
	8	Caging egg-producing domestic fowls	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 2.1	Amphibians	5
Part 2.2	Birds	5
Part 2.3	Fish	6
Part 2.4	Mammals	6
Endnotes
	1	About the endnotes	7
	2	Abbreviation key	7
	3	Legislation history	8
	4	Amendment history	8
	5	Earlier republications	8

Amendments incorporated to
17 September 2002

Australian Capital Territory
Animal Welfare Regulations 2001     

made under the
Animal Welfare Act 1992

    

  

1	Name of regulations
These regulations are the Animal Welfare Regulations 2001.
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 Legislation Act 2001, s 127 (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 subregulation expire on 1 January 2008.

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 2.1	Amphibians

column 1
item	column 2
animal	
1	axolotl	
2	frog	
Part 2.2	Birds

column 1
item	column 2
animal	
3	budgerigar	
4	chicken	
5	cockatiel	
6	finch	
7	pigeon	
8	quail	

Part 2.3	Fish

column 1
item	column 2
animal	
9	goldfish	
10	guppy	
11	platy	
12	silver perch	
13	sword tail	
Part 2.4	Mammals

column 1
item	column 2
animal	
14	guinea pig	
15	mouse	
16	rabbit	
17	rat	

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
Animal Welfare Regulations SL 2001 No 26
notified 2 August 2001 (Gaz 2001 No 31)
commenced 2 August 2001 (s 2)
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.3
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.3 commenced 17 September 2002 (s 2 (1))
4	Amendment history
Commencement
reg 2	om R1 (LA s 89 (4))
Caging egg-producing domestic fowls
reg 8	(4), (5) exp 1 January 2008 (reg 8 (5))
	am Act 2002 No 30 amdt 3.32
Repeal of Animal Welfare Regulations
reg 9	om R1 (LA s 89 (3))
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	12 September 2001	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002