New South Wales Consolidated Regulations

EXHIBITED ANIMALS PROTECTION REGULATION 2005 - REG 5

5 Exhibitions exempted from the operation of the Act

(1) For the purposes of paragraph (c) of the definition of "exhibit" in section 5 (1) of the Act, it is declared that the display, or keeping for display, of an animal in the following circumstances does not constitute an exhibition of the animal for the purposes of the Act:

(a) that the animal is a free-living animal in its natural habitat,

(b) that the animal is a lawful captive and is part of a competitive display of household pets,

(c) that the animal is part of a competitive display of domestic farm animals,

(d) that the animal is a domestic farm animal being used to demonstrate the acquisition of wool, milk or other produce of a living animal,

(e) that the animal is of domestic hoof-stock and is performing, or is to perform, in an event at a rodeo,

(f) that the animal is a lawful captive that is not displayed or kept for display, to the public,

(g) that the animal is displayed, or kept for display, in accordance with the authority conferred by a scientific licence in force under section 132C of the National Parks and Wildlife Act 1974 ,

(h) that the animal is displayed, or kept for display, in the course of carrying on the business of animal research, or in the course of carrying out animal research, without contravening the Animal Research Act 1985 ,

(i) that the animal, being an animal of a species listed in Schedule 3 and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is an animal used only for riding or racing,

(j) that the animal is kept in a pet shop for display and not for sale,

(k) that the animal, being an animal of a species listed in Schedule 1 and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is displayed:

(i) at an agricultural show or show parade conducted by the Royal Agricultural Society or a society that is a member of the Agricultural Societies Council, or

(ii) at an agricultural field day conducted on a farm or showground, or

(iii) on the farm on which the animal is kept,

(l) that the animal, being an animal of a species listed in Schedule 1, and not being an animal kept pursuant to an approval or permit or at a licensed animal display establishment, is displayed, or kept for display, for the purposes of promoting an agricultural product derived from that species of animal and:

(i) the animal is one of no more than 10 animals displayed, or kept for display, for this purpose at any one time, and

(ii) any display lasts for no more than 2 days at a time and is conducted at least 5 days after any previous display of the animal, and

(iii) the animal is displayed near a display of the relevant agricultural product or shortly before or after such a display, and

(iv) the person who normally cares for the animal attends the animal for the duration of any display,

(m) that the animal is a fish that is kept (otherwise than in a habitat display) at:

(i) a fish hatchery, or

(ii) a fish farm,

for the purpose of:

(iii) commercial food production, or

(iv) re-stocking of lakes, dams or waterways,

(n) that the animal is a lawful captive and is being displayed, or kept for display, at a meeting of an association dedicated to the keeping of that type of animal,

(o) that the animal is being displayed, or kept for display, by a school student at a school for a single “show-and-tell” activity.

(2) If the display of any animal that constitutes exhibition for the purposes of the Act and the display of any animal that does not constitute exhibition for the purposes of the Act (by virtue of subclause (1)) takes place at the same time on the same premises, any authority issued in relation to the premises applies to all animals at the premises.

Note: For example, if a pony ride (which is not exhibition for the purposes of the Act by virtue of clause 5 (1) (i)) takes place at an exhibition or display farm to which an approval relates, the approval, and any terms, conditions or standards that have effect under the approval, also apply to the pony ride.