ANIMAL WELFARE ACT 2002 - SECT 94
ANIMAL WELFARE ACT 2002 - SECT 94
94 . Regulations — general power
(1) The Governor may
make regulations prescribing all matters that are permitted to be prescribed,
or that are necessary or convenient to be prescribed to give effect to the
purposes of this Act.
(2) Without limiting
subsection (1) regulations made under this section may —
(a)
provide that a contravention of a regulation is an offence and provide a
penalty not exceeding $20 000; and
(b)
exempt a specified person, or specified class of persons, from the
requirements of all or any of the provisions of this Act; and
(c)
provide for all or any of the provisions of this Act not to apply in relation
to a specified animal or a specified class of animals; and
(d)
adopt codes of practice relating to the use, care, welfare, safety or health
of animals either —
(i)
as modified by the regulations; or
(ii)
as they exist at a particular date; or
(iii)
as they are amended from time to time;
and
(e)
prescribe the matters in respect of which fees are payable under this Act, the
amount of those fees, and the persons who are to pay them.
(3) In subsection
(2)(d) —
code of practice includes a standard, rule,
specification or other similar document.
[Section 94 amended: No. 35 of 2018 s. 10.]
[Part 7 omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
This is a compilation of the Animal Welfare Act 2002 and includes amendments
made by other written laws. For provisions that have come into operation, and
for information about any reprints, see the compilation table. For provisions
that have not yet come into operation see the uncommenced provisions table.
Compilation table
|
Short title |
Number and year |
Assent |
Commencement | ||
|---|---|---|---|---|---|
|
33 of 2002 |
15 Nov 2002 |
s. 1 and 2: 15 Nov 2002; | |||
|
Courts Legislation Amendment and Repeal Act 2004 s. 141 1 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(13)) |
23 Nov 2004 |
Sch. 1 cl. 6: 1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128) | ||
|
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal
Act 2004 Pt. 2 Div. 7 2 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130) | ||
|
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004
s. 80 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) | ||
|
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 12 Div. 1 3 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347) | ||
|
Reprint 1: The Animal Welfare Act 2002 as at 13 Oct 2006 (includes amendments
listed above) | |||||
|
Financial Legislation Amendment and Repeal Act 2006 s. 4 and 5(1) |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137) | ||
|
Biosecurity and Agriculture Management (Repeal and Consequential Provisions)
Act 2007 s. 9 and 84 |
24 of 2007 |
12 Oct 2007 |
s. 9: 24 Oct 2007 (see s. 2(1) and Gazette 23 Oct 2007 p. 5645); | ||
|
24 of 2016 |
21 Sep 2016 |
1 Jan 2019 (see s. 2(b) and Gazette 14 Sep 2018 p. 3305) | |||
|
Animal Welfare Amendment Act 2018 |
35 of 2018 |
28 Nov 2018 |
s. 1 and 2: 28 Nov 2018 (see s. 2(a)); | ||
|
Reprint 2: The Animal Welfare Act 2002 as at 22 Feb 2019 (includes amendments
listed above) | |||||
|
Veterinary Practice Act 2021 s. 226 |
19 of 2021 |
27 Oct 2021 |
18 Jun 2022 (see s. 2(b) and SL 2022/81 cl. 2) | ||
|
Animal Welfare and Trespass Legislation Amendment Act 2023 Pt. 2 |
5 of 2023 |
24 Mar 2023 |
7 Apr 2023 (see s. 2(b)) | ||
|
Directors’ Liability Reform Act 2023 Pt. 3 Div. 3 |
9 of 2023 |
4 Apr 2023 |
5 Apr 2023 (see s. 2(j)) | ||
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
53 of 2016 |
29 Nov 2016 |
To be proclaimed (see s. 2(b)) |
1 The Courts Legislation Amendment and Repeal Act
2004 Sch. 2 cl. 5 was repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(13).
2 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative
Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal
Regulations 2004 r. 28 and 42 deal with certain transitional issues some of
which may be relevant for this Act.
3 References in the Act to the Director General
were replaced by references to the CEO, see the Machinery of Government
(Miscellaneous Amendments) Act 2006 Pt. 12 Div. 1. The Machinery of Government
(Miscellaneous Amendments) Act 2006 s. 454 is a general transitional provision
that applies to references to the Director General in other written laws.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
abattoir
36A
Agriculture WA 5(1)
animal
5(1)
animal ethics committee
5(1)
animal source food production 36A
animal source food production facility 36A
authorised person 63
Biodiversity Conservation
Department 5(1)
caused
93(7)
CEO 5(1)
code of practice
5(1), 94(3)
Department 5(1)
designated inspector 5(1)
fauna
5(1)
field site 14(2)
Fisheries
Western Australia 5(1)
general inspector
5(1)
harm 5(1)
inspector
5(1)
intensive production
36A
intensive production place 36A
knackery
36A
lawfully taken
5(1)
licence 5(1)
non-residential place
5(1)
owner 44(11)
person in
charge 5(1)
pest 24(2)
place 5(1)
prohibited activity
32(5)
record 47(4)
relevant offence
44(11)
reviewable decision
71(1)
RSPCA 5(1)
scientific establishment
5(1)
scientific inspector
5(1)
scientific purposes 5(1)
scientific
use code 5(1)
staff
5(1)
stock 26(2)
vehicle
5(1)
veterinarian 5(1)
veterinary medicine
48(4A)