Australian Capital Territory
Animal Welfare Regulation 2001    
SL2001-26
made under the
Animal Welfare Act 1992
Republication No 5
Effective:  24 November 2005 – 26 March 2007
Republication date: 24 November 2005
Last amendment made by A2005-54

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Animal Welfare Regulation 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 November 2005.  It also includes any amendment, repeal or expiry affecting the republished law to 24 November 2005.  
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.  
This republication includes amendments 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.

Australian Capital Territory
Animal Welfare Regulation 2001
made under the
Animal Welfare Act 1992
    
Contents
	Page
	1	Name of regulation	2
	3	Meaning of code	2
	4	Notes	2
	4A	Offences against regulation—application of Criminal Code etc	2
	5	Prescribed electrical devices and animals for Act,
s 13 (2)	3
	6	Prescribed animals for Act, s 25 (2) (c)	3
	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	5
Schedule 2	Animals permitted to be used for teaching in certain schools	6
Part 2.1	Amphibians	6
Part 2.2	Birds	6
Part 2.3	Fish	7
Part 2.4	Mammals	7
Endnotes
	1	About the endnotes	8
	2	Abbreviation key	8
	3	Legislation history	9
	4	Amendment history	9
	5	Earlier republications	10

Australian Capital Territory
Animal Welfare Regulation 2001     

made under the
Animal Welfare Act 1992

    

  

1	Name of regulation
This regulation is the Animal Welfare Regulation 2001.
3	Meaning of code
In this regulation:
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 this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4A	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
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 commits an offence if—
	(a)	the person keeps a domestic fowl (Gallus gallus) for producing eggs; and
	(b)	the cage in which the fowl is kept does not have enough floor space.
Maximum penalty:  10 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	For subsection (1), a cage has enough floor space if it provides at least 550cm2 of floor space for each fowl in the cage.
	(4)	In calculating floor space for subsection (3), any space occupied by a baffle is taken to be floor space.
	(5)	For subsection (1), a cage that is in use immediately before the commencement of this section has enough floor space if it complies with the Animal Welfare Regulations 1993, section 31A, as in force immediately before that commencement.
Note	The Animal Welfare Regulations 1993, s 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.
	(6)	Subsection (5) and this subsection expire on 1 January 2008.

Schedule 1	Permitted uses of electrical devices on animals
(see s 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 s 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.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	pt = part	
div = division	r = rule/subrule	
exp = expires/expired	renum = renumbered	
Gaz = gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
This regulation was originally the Animal Welfare Regulations 2001.  It was renamed under the Legislation Act 2001.
Animal Welfare Regulation 2001 SL2001-26
notified 2 August 2001 (Gaz 2001 No 31)
commenced 2 August 2001 (s 2)
as amended by
Statute Law Amendment Act 2002 A2002-30 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))
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.1
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.1 commenced 9 October 2003 (s 2 (1))
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.5
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.5 commenced 24 November 2005 (s 2)
4	Amendment history
Name of regulation
s 1	am R4 LA
Commencement
s 2	om LA s 89 (4)
Offences against regulation—application of Criminal Code etc
s 4A	ins A2005-54 amdt 1.32
Caging egg-producing domestic fowls
s 8	am A2002-30 amdt 3.32; A2003-41 amdt 3.1; A2005-54 amdt 1.33; ss renum A2005-54 amdt 1.34
	(5), (6) exp 1 January 2008 (s 8 (6))
Repeal of Animal Welfare Regulation
s 9	om 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.  Electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	12 September 2001	
2	A2002-30	24 September 2002	
3	A2003-41	9 October 2003	
4	A2003-41	1 November 2004	

©  Australian Capital Territory 2005