ANIMAL WELFARE (GENERAL) REGULATIONS 2003 - REG 7
ANIMAL WELFARE (GENERAL) REGULATIONS 2003 - REG 7
7 . Use of devices: electric shock (s. 29)
(1) In this
regulation —
depot , saleyard and transport process have the
meanings given in the Animal Welfare (Transport, Saleyards and Depots)
(Cattle and Sheep) Regulations 2020 regulation 3.
(2) For the purposes
of section 29 of the Act, it is a defence to a charge under
section 19(1) of the Act, committed in circumstances described in
section 19(2)(b) of the Act, if a device specified in column 2 of an
item in the Table is used —
(a) by a
person engaged in an activity specified in column 3 of the item; and
(b) on
an animal of a kind specified in column 4 of the item; and
(c) in
accordance with the manner of use specified in column 5 of the item.
Table
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
|---|---|---|---|---|
|
Item |
Device |
Activity |
Kind of animal |
Manner of use |
|
1. |
Electric stock prod |
Driving, herding, mustering or controlling an animal |
Sheep, pig, goat, buffalo or camel |
Must not be applied to the face, udder or genital organs of an animal |
|
2. |
Electric stock prod |
Driving, herding, mustering or controlling an animal |
Cattle |
Must be used in accordance with the Animal Welfare (Transport, Saleyards and
Depots) (Cattle and Sheep) Regulations 2020 regulation 20 |
|
3. |
Electric stock prod |
Handling an animal in a transport process or at a depot or saleyard |
Cattle or sheep |
Must be used in accordance with the Animal Welfare (Transport, Saleyards and
Depots) (Cattle and Sheep) Regulations 2020 regulation 20 |
|
4. |
Electric stock prod |
Controlling an animal at a rodeo |
Horse or cattle |
Must not be applied to the face, udder or genital organs of an animal |
|
5. |
Electric stunning device |
Electrical stunning of an animal in an abattoir |
Cattle, sheep, goat or pig |
Must be used in accordance with the relevant code of practice for the
particular animal |
|
6. |
Electro‑ |
Collecting semen from a conscious animal |
Cattle or sheep |
Must be used in accordance with any relevant code of practice for the
particular animal |
|
7. |
Electro‑ |
Collecting semen from a tranquillised or anaesthetised animal |
All species of animal, including cattle and sheep |
Must be used in accordance with any relevant code of practice for the
particular animal |
|
8. |
Electric training collar activated by the animal or a person in the course of
training an animal |
Training an animal |
Dog |
Must be used in accordance with the generally accepted method of usage for the
type of collar |
|
9. |
Electrical device known as the “invisible fence” |
Containment and training of an animal |
Dog |
Must be used in accordance with the generally accepted method of usage for the
type of “invisible fence” |
|
10. |
The eShepherd virtual fencing system manufactured by Agersens Pty Ltd (ACN
169 900 887) |
Containing an animal |
Cattle |
Must be used in accordance with the manufacturer’s instructions for use
of the device |
(3) For the purposes
of section 29 of the Act, it is a defence to a charge under
section 19(1) of the Act, committed in circumstances described in
section 19(2)(b) of the Act, if an electro‑immobiliser is used on
cattle in the following circumstances —
(a) to
restrain the animal in order to perform a procedure on the animal;
(b) in
the circumstances, an alternative restraining method would not sufficiently
restrain the animal for the purposes of performing the procedure;
(c) the
electro‑immobiliser is not being used as an alternative to providing the
animal with pain relief;
(d) the
animal has reached 6 months of age;
(e) the
person using the electro‑immobiliser is —
(i)
trained to use it on cattle; or
(ii)
using it under the direct supervision of a person who is
a veterinarian or trained to use it on cattle.
(4) For the purposes
of subregulation (3)(e)(ii), a person (the supervised person ) is using
an electro‑immobiliser under the direct supervision of another person
(the supervisor ) if the supervisor —
(a)
provides instruction and guidance to the supervised person in relation to the
use of the electro‑immobiliser; and
(b)
oversees and evaluates the use of the electro‑immobiliser; and
(c) is
on the same premises as the supervised person while the
electro‑immobiliser is being used; and
(d) is
able to immediately render assistance to the supervised person, if required,
at any time during the use of the electro‑immobiliser.
[Regulation 7 inserted: SL 2020/161
r. 5; amended: SL 2021/146 r. 4; SL 2022/98 r. 4.]