Prevention of Cruelty to Animals (Amendment) Regulations 2004

Victorian Legislation Parliamentary Documents i Prevention of Cruelty to Animals (Amendment) Regulations 2004 S.R. No. 63/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Insertion of new regulations 7B, 7C, 7D and 7E 2 7B. Firing of horses prohibited 2 7C. Possession of dog and cock fighting implements prohibited 2 7D. Use of pronged collars prohibited 2 7E. Use of certain electronic collars prohibited 3 6. New regulation 10 substituted 4 10. Restrictions on the conduct of rodeos and rodeo schools 4 7. Certain procedures not scientific procedures 5 8. Inclusion of references to approved organisations 6 9. Amendment of references to veterinary surgeon 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 63/2004 Prevention of Cruelty to Animals Act 1986 Prevention of Cruelty to Animals (Amendment) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 22 June 2004 Responsible Minister: BOB CAMERON Minister for Agriculture DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Prevention of Cruelty to Animals Regulations 1997 to— (a) prohibit the use of certain procedures and devices on animals; (b) prohibit the possession of dog or cock fighting implements; (c) require the nomination of accredited stock contractors and rodeo school instructors in permit applications; (d) provide that certain procedures relating to live fish fall within the definition of "scientific procedures" under the Act; (e) update certain references. -- 2 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 2 2. Authorising provision These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986. 3. Commencement These Regulations come into operation on the day after the day on which they are made. 4. Principal Regulations In these Regulations, the Prevention of Cruelty to Animals Regulations 19971 are called the Principal Regulations. 5. Insertion of new regulations 7B, 7C, 7D and 7E After regulation 7A of the Principal Regulations insert— "7B. Firing of horses prohibited A person must not use the procedure of the firing of horses. Penalty: 5 penalty units. 7C. Possession of dog and cock fighting implements prohibited (1) A person must not possess any dog fighting implement or cock fighting implement. Penalty: 5 penalty units. (2) Sub-regulation (1) does not apply to a person who possesses a dog fighting implement or a cock fighting implement for the purposes of displaying it in a museum that is open to the general public. 7D. Use of pronged collars prohibited A person must not use a pronged collar on any animal. Penalty: 5 penalty units r. 2 -- 3 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 3 7E. Use of certain electronic collars prohibited (1) A person must not use an electronic dog training collar that can impart an electric shock on a dog or any other animal except in the circumstances in sub-regulation (2). Penalty: 5 penalty units. (2) Sub-regulation (1) does not apply to a person who uses an electronic dog training collar on a dog— (a) if a veterinary practitioner has examined the physical health and temperament of the dog and reasonably believes that the dog is suitable to have an electronic dog training collar used on it; and (b) the person is— (i) a veterinary practitioner; or (ii) acting on the instructions of a veterinary practitioner; or (iii) a qualified dog trainer (within the meaning of regulation 13(2) of the Domestic (Feral and Nuisance) Animals Regulations 19962 ); or (iv) acting under the supervision of a qualified dog trainer (within the meaning of regulation 13(2) of the Domestic (Feral and Nuisance) Animals Regulations 1996).". r. 5 -- 4 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 4 6. New regulation 10 substituted For regulation 10 of the Principal Regulations, substitute— "10. Restrictions on the conduct of rodeos and rodeo schools (1) A person who proposes to conduct a rodeo must, in the application for a permit— (a) nominate a veterinary practitioner who will attend the rodeo in accordance with the conditions of the permit; and (b) nominate a stock contractor who— (i) is accredited by an organisation approved by the Minister; and (ii) has agreed to arrange for the supply of stock to be used at the rodeo; and (c) specify the name of the organisation approved by the Minister. (2) A person must not conduct a rodeo using any animals except those provided by a stock contractor nominated in accordance with sub-regulation (1)(b). (3) A person who proposes to conduct a rodeo school, must, in the application for a permit— (a) nominate a veterinary practitioner who will attend the rodeo school in accordance with the conditions of the permit; and r. 6 -- 5 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 5 (b) nominate a stock contractor who— (i) is accredited by an organisation approved by the Minister; and (ii) has agreed to arrange for the supply of stock to be used at the rodeo school; and (c) nominate an instructor-in-charge who is accredited by the organisation; and (d) for each class of instruction, nominate an instructor who is accredited by the organisation; and (e) specify the name of the organisation. (4) A person must not conduct a rodeo school using any animals except those provided by a stock contractor nominated in accordance with sub-regulation (3)(b). (5) For the purposes of sub-regulation (1) or (3) the Minister may approve an organisation if satisfied that— (a) the organisation consists of members of the rodeo industry and represents the interests of the rodeo industry; and (b) the objectives of the organisation provide for the welfare of livestock used in rodeos and rodeo schools.". 7. Certain procedures not scientific procedures In regulation 11 of the Principal Regulations, omit "live fish or". r. 7 -- 6 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 6 8. Inclusion of references to approved organisations In the Principal Regulations— (a) in Schedule 2, after "for the rodeo." insert "Name of the organisation that has accredited the stock contractor:"; (b) in Schedule 4— (i) after "rodeo school." insert "Name of the organisation that has accredited the stock contractor:"; (ii) after "(Name of instructor)" insert "Name of organisation that has accredited each instructor:". 9. Amendment of references to veterinary surgeon In the Principal Regulations— (a) in Schedule 2, for "veterinary surgeon" (where twice occurring) substitute "veterinary practitioner"; (b) in Schedule 3— (i) for "Veterinary surgeon" substitute "Veterinary practitioner"; (ii) for "veterinary surgeon" (wherever occurring) substitute "veterinary practitioner"; (c) in Schedule 4, for "veterinary surgeon" (where twice occurring) substitute "veterinary practitioner"; (d) in Schedule 5— (i) for "Veterinary surgeon" substitute "Veterinary practitioner"; r. 8 -- 7 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 7 (ii) for "veterinary surgeon" (wherever occurring) substitute "veterinary practitioner". ═══════════════ r. 9 -- 8 of 9 -- Victorian Legislation Parliamentary Documents S.R. No. 63/2004 Prevention of Cruelty to Animals (Amendment) Regulations 2004 8 ENDNOTES 1 Reg. 4: S.R. No. 159/1997. Reprint No. 1 as at 1 November 2002. Reprinted to S.R. No. 65/2001. Subsequently amended by S.R. No. 23/2004. 2 Reg. 5: S.R. No. 25/1996. Reprint No. 1 as at 18 March 2004. Reprinted to S.R. No. 39/2003. Endnotes -- 9 of 9 --