Animal Welfare Act 2002 (WA)

Western Australia Animal Welfare Act 2002 Western Australia Animal Welfare Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Content and intent 1 4. Act binds the Crown 1 5. Terms used 1 Part 2 — Use of animals for scientific purposes 6. Unlicensed use of animals for scientific purposes prohibited 1 7. Carrying on business supplying animals for scientific purposes 1 8. Application for issue or renewal of licence 1 9. Matters to be considered 1 10. Minister to issue or renew or decline to issue or renew 1 11. Conditions on licences 1 12. Further conditions may be imposed 1 13. Licensee to ensure staff and students comply with conditions 1 14. Display of licence and code of practice 1 15. Duration of a licence 1 16. Licence not transferable 1 17. Suspension and revocation 1 18. Register of licences 1 Part 3 — Welfare, safety and health of animals Division 1 — Objects of this Part 18A. Objects of Part 1 Division 2 — Regulations about animal welfare, safety and health 18B. Regulations — animal welfare, safety and health 1 Division 3 — Cruelty and other inhumane and improper treatment of animals 19. Cruelty to animals 1 20. Defence — self‑defence or protecting another person or an animal 1 21. Defence — veterinary care 1 22. Defence — authorised by law 1 23. Defence — normal animal husbandry 1 24. Defence — killing pests 1 25. Defence — code of practice 1 26. Defence — stock fending for itself 1 27. Defence — releasing animals into the wild 1 28. Defence — where person in charge is not in actual custody 1 29. Defence — prescribed use of devices 1 30. Defence — prescribed surgical or similar operations, practices and activities 1 31. Possession of things intended to inflict cruelty 1 32. Shooting, hunting or fighting captive animals 1 Part 4 — Inspectors Division 1 — Appointment of inspectors 33. Appointment of general inspectors 1 34. Appointment of scientific inspectors 1 35. Restricted appointments 1 35A. Designated inspectors 1 36. Identification card 1 Division 2 — Functions and powers of inspectors 36A. Terms used 1 37. Functions and powers of inspectors 1 38. Power to enter a place 1 39. Power to enter vehicles 1 40. Care of animals 1 41. Humane destruction of animals 1 42. Seizure of animals 1 43. Seizure of other property 1 44. Dealing with seized property 1 45. Dealing with seized fauna 1 46. Power to require information 1 47. Other powers of inspectors 1 48. Performance of an inspector's functions 1 Division 3 — Additional powers of scientific inspectors 49. Direction to suspend use and referral to animal ethics committee 1 50. Directions to licensees and their staff 1 51. Power to require information 1 52. Advice regarding licensing matters 1 53. Attendance at meetings of animal ethics committees 1 Part 5 — Enforcement Division 1 — Additional court orders 54. Court may order a post mortem 1 55. Orders additional to penalty 1 56. Order for reimbursement of costs 1 57. Order for retention of seized property 1 58. Costs 1 Division 2 — Warrants 59. Grounds for a search warrant 1 60. Grounds for a warrant to seize animal 1 61. Form of warrant 1 62. Urgent warrants 1 Division 3 — Infringement notices 63. Term used: authorised person 1 64. Appointment of authorised persons 1 65. Giving infringement notices 1 66. Content of infringement notice 1 67. Extension of time to pay 1 68. Withdrawal of infringement notice 1 69. Benefit of paying modified penalty 1 70. Application of modified penalties paid 1 Division 4 — Review of decisions 71. Term used: reviewable decision 1 72. Aggrieved person may make an objection 1 73. Dealing with an objection 1 74. Aggrieved person may apply for a review 1 Division 5 — Offences 76. Misleading information 1 77. Obstruction of inspectors 1 78. Pretending to be an inspector 1 79. Continuing offences 1 80. Liability of officers for offence by body corporate 1 81. Partnerships 1 Division 6 — General 82. Commencement of proceedings for offences 1 83. Evidentiary provisions 1 84. Breach of code of practice not sufficient to prove cruelty 1 85. Death of animal not sufficient to prove cruelty 1 86. Application of fines 1 87. Disposal of forfeited property 1 88. Penalties for body corporate 1 Part 6 — Miscellaneous 89. General power of CEO 1 90. Delegation 1 91. Improper use of information 1 92. Protection from liability 1 93. Owner may claim compensation for injury or death 1 94. Regulations — general power 1 Notes Compilation table 1 Editorial changes table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Animal Welfare Act 2002 An Act to provide for the welfare, safety and health of animals, to regulate the use of animals for scientific purposes, and for related purposes.