ANIMAL WELFARE ACT 1985 - SECT 44
ANIMAL WELFARE ACT 1985 - SECT 44
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) Without limiting
the generality of subsection (1), the regulations may—
(a)
regulate the slaughtering, trapping, snaring, catching, poisoning, caging or
confining of animals;
(b)
regulate medical or surgical procedures in relation to animals;
(c)
require a person to hold a certificate or other authorisation for specified
purposes and provide for the issuing and cancellation of certificates and
authorisations by the Minister, a specified body or a person or body approved
by the Minister;
(d)
regulate—
(i)
the hiring out of animals; or
(ii)
the boarding of animals; or
(iii)
the sale of animals; or
(iv)
the transport of animals; or
(v)
the husbandry of animals; or
(vi)
the use of animals for entertainment;
(e)
prescribe the form of any notice, application, permit, licence or other
document given, made or granted under this Act;
(f)
prescribe fees in respect of anything to be done under this Act;
(g)
exempt, conditionally or unconditionally, any person or class of persons or
any animal or class of animals from any provision of this Act;
(h)
impose fines, not exceeding $5 000, for offences against the regulations;
(i)
fix expiation fees, not exceeding $315, for alleged
offences against the regulations.
(3) The regulations
may incorporate (with or without modification) or operate by reference to any
code of practice relating to animals as in force at a particular time or as
amended from time to time by the authority responsible for its publication.
(4) A regulation under
this Act may be of general or limited application according to—
(a) the
classes of persons or animals; or
(b) the
circumstances; or
(c) any
other specified factor,
to which the regulation is expressed to apply.
(5) The regulations
may leave a matter or thing to be determined, dispensed with, regulated or
prohibited according to the discretion of the Minister, either generally or in
a particular case or class of cases.
(6) The Governor may,
by regulation, make additional provisions of a saving or transitional nature
consequent on the enactment of the Statutes Amendment (Boards and
Committees—Abolition and Reform) Act 2015 .
(7) A provision of a
regulation made under subsection (6) may, if the regulation so provides,
take effect from the commencement of this subsection or from a later day.
(8) To the extent to
which a provision takes effect under subsection (7) from a day earlier
than the day of the regulation's publication in the Gazette, the provision
does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.