2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Territory and Municipal Services) Animal Welfare Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 Section 20 2 5 Section 22 heading 3 6 New section 23 3 7 Publication Section 24 3 8 New sections 24A to 24C 4 9 Interstate researchers' authorisation in the ACT Section 49B (3) (b) 5 10 Establishment and functions Section 109 (3) (b) 6 J2009-461 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 11 Regulation-making power Section 112 (4) 6 12 Dictionary, new definition of mandatory code of practice 6 contents 2 Animal Welfare Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Territory and Municipal Services) Animal Welfare Amendment Bill 2010 A Bill for An Act to amend the Animal Welfare Act 1992 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-461 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Animal Welfare Amendment Act 2010. 3 2 Commencement 4 This Act commences on a day fixed by the Minister by written 5 notice. 6 Note 1 The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 Note 2 A single day or time may be fixed, or different days or times may be 9 fixed, for the commencement of different provisions (see Legislation 10 Act, s 77 (1)). 11 Note 3 If a provision has not commenced within 6 months beginning on the 12 notification day, it automatically commences on the first day after that 13 period (see Legislation Act, s 79). 14 3 Legislation amended 15 This Act amends the Animal Welfare Act 1992. 16 4 Section 20 17 substitute 18 20 Exception--conduct in accordance with approved code 19 of practice or mandatory code of practice 20 This part (other than the following provisions) does not apply if the 21 conduct making up the offence was in accordance with an approved 22 code of practice or a mandatory code of practice: 23 (a) section 14 (Spurs); 24 (b) section 17 (1) or (2) (Matches, competitions etc); 25 (c) section 18 (1) or (2) (Rodeos and game parks); page 2 Animal Welfare Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (d) section 19A (Medical and surgical procedures--veterinary 2 surgeons). 3 5 Section 22 heading 4 substitute 5 22 Approved code of practice 6 6 New section 23 7 insert 8 23 Mandatory code of practice 9 (1) The Minister may approve a code of practice, or part of a code of 10 practice, relating to animal welfare as mandatory. 11 (2) An approval must state to whom the mandatory code applies. 12 (3) Before approving a code under subsection (1) the Minister must be 13 satisfied that adequate consultation has occurred. 14 (4) A mandatory code of practice is a disallowable instrument. 15 Note A disallowable instrument must be notified, and presented to the 16 Legislative Assembly, under the Legislation Act. 17 7 Publication 18 Section 24 19 after 20 section 22 21 insert 22 or section 23 Animal Welfare Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 8 New sections 24A to 24C 2 in part 3, insert 3 24A Reckless failure to comply with mandatory code of 4 practice 5 A person commits an offence if-- 6 (a) a mandatory code of practice applies to the person; and 7 (b) the person fails to comply with a requirement of the mandatory 8 code; and 9 (c) the person is reckless about whether the mandatory code is 10 complied with. 11 Maximum penalty: 100 penalty units. 12 24B Failure to comply with mandatory code of practice 13 (1) A person commits an offence if-- 14 (a) a mandatory code of practice applies to the person; and 15 (b) the person fails to comply with a requirement of the mandatory 16 code. 17 Maximum penalty: 50 penalty units. 18 (2) An offence against this section is a strict liability offence. 19 (3) Subsection (1) does not apply to a person if-- 20 (a) a written direction has been given to the person under 21 section 24C in relation to the requirement; and 22 (b) the person has complied with the direction. page 4 Animal Welfare Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 24C Direction to comply with mandatory code 2 (1) An inspector or authorised officer must give a person a written 3 direction to rectify a breach of a mandatory code if the inspector or 4 authorised officer believes on reasonable grounds that-- 5 (a) the person is in breach of a requirement of the code; and 6 (b) the code applies to the person only in relation to a non-business 7 activity engaged in by the person; and 8 (c) the person has not previously been convicted, or found guilty, 9 of an offence under section 24A or section 24B for failing to 10 comply with a requirement of the code. 11 (2) A direction must-- 12 (a) state the requirement of the code that has been breached and 13 the conduct constituting the breach; and 14 (b) state a reasonable time within which the direction must be 15 complied with; and 16 (c) include a statement that the person may be prosecuted under 17 section 24B if the person fails to comply with the direction. 18 (3) The inspector or authorised officer may withdraw a written direction 19 if, after giving the direction to a person, the inspector or authorised 20 officer discovers that the person has previously been convicted, or 21 found guilty, of an offence under section 24A or section 24B. 22 9 Interstate researchers' authorisation in the ACT 23 Section 49B (3) (b) 24 substitute 25 (b) has contravened, in the ACT, an approved code of practice, a 26 mandatory code of practice or a protocol or condition to which 27 the researcher's interstate research authorisation is subject; or Animal Welfare Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 10 Establishment and functions 2 Section 109 (3) (b) 3 substitute 4 (b) to participate in the development of approved codes of practice 5 and mandatory codes of practice; 6 11 Regulation-making power 7 Section 112 (4) 8 omit 9 12 Dictionary, new definition of mandatory code of practice 10 insert 11 mandatory code of practice means a code of practice, or part of a 12 code of practice, approved under section 23 as mandatory. Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 page 6 Animal Welfare Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au