ANIMAL WELFARE LEGISLATION (FACTORY FARMING) AMENDMENT BILL 2012

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This is a Bill, not an Act. For current law, see the Acts databases.

ANIMAL WELFARE LEGISLATION (FACTORY FARMING) AMENDMENT BILL 2012

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

Animal Welfare Legislation (Factory Farming) Amendment Bill 2012

Contents

Page

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Caroline Le Couteur)

Animal Welfare Legislation (Factory Farming) Amendment Bill 2012

A Bill for

An Act to amend legislation about animal welfare, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Animal Welfare Legislation (Factory Farming) Amendment Act 2012.

2 Commencement

(1) The following provisions commence on the day after this Act’s notification day:

• sections 3 and 5

• sections 10 and 11

• part 4.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

(2) The remaining provisions commence on 1 January 2014.

3 Legislation amended

This Act amends the following legislation:

• Animal Welfare Act 1992

• Domestic Animals Act 2000

• Eggs (Labelling and Sale) Act 2001.

4 Repeal of Animal Welfare (Amendment) Act 1997

The Animal Welfare (Amendment) Act 1997 (A1997-45) is repealed.

5 Magistrates Court (Eggs Labelling and Sale Infringement Notices) Regulation 2012—sch 1

(1) The provisions set out in schedule 1 are taken, on the commencement of this section, to be a regulation made under the Magistrates Court Act 1930, section 321 (Regulation-making power).

(2) To remove any doubt and without limiting subsection (1), the provisions set out in schedule 1 may be amended or repealed as if they had been made as a regulation by the Executive under the Magistrates Court Act 1930, section 321.

(3) To remove any doubt, the regulation mentioned in subsection (1) is taken—

(a) to have been notified under the Legislation Act on the day this Act is notified; and

(b) to have commenced on the commencement of this section; and

(4) This section expires on the day it commences.

Part 2 Animal Welfare Act 1992

6 New section 9A

insert

9A Cage system hens

(1) A person commits an offence if the person keeps hens in a cage system.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2) In this section:

cage system means a system in which hens are housed in cages.

7 New section 9B

insert

9B Keeping pigs—appropriate accommodation

(1) A person commits an offence if—

(a) the person keeps a pig; and

(b) the pig is not kept in appropriate accommodation.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2) In this section:

appropriate accommodation, for a pig kept by a person, means accommodation—

(a) that allows the pig to—

(i) turn around, stand up and lie down without difficulty; and

(ii) have a clean, comfortable and adequately drained place in which it can lie down; and

(iii) maintain a comfortable temperature; and

(iv) have outdoor access; and

(b) if the accommodation is for more than 1 pig—that allows each pig in the accommodation to lie down at the same time; and

(i) the pig is isolated on the advice of a veterinary surgeon; or

(ii) the pig is a sow or gilt and it is a week before, or during, farrowing for the sow or gilt.

gilt means a female pig after puberty but before farrowing.

sow means a female pig that has had 1 or more litters.

8 Exception—conduct in accordance with approved code of practice or mandatory code of practice

New section 20 (aa)

before section 20 (a), insert

(aa) section 9A (Cage system hens);

9 New section 20 (ab)

before section 20 (a), insert

(ab) section 9B (Keeping pigs—appropriate accommodation);

10 New section 109A

in part 10, insert

109A Banning cage systems etc—national approach

(1) The Minister must take all reasonable steps to promote a permanent ban by the Territory and States on the keeping of poultry in cage systems.

(2) The Minister must take all reasonable steps to improve the living conditions for poultry under the model code.

(3) Reasonable steps for subsection (2) include, but are not limited to, the Minister promoting—

(a) a comprehensive review of the model code to begin as soon as possible; and

(b) the enactment by the Territory and States of legislation to make the guidelines for keeping poultry in the model code enforceable; and

(c) revised definitions of key terms in the model code such as ‘cage systems’, ‘barn systems’ and ‘free-range systems’ to improve the welfare of poultry.

(4) Within 5 sitting days after 1 July each year, the Minister must present a report to the Legislative Assembly on the steps taken under subsections (1) and (2) in the previous financial year.

(5) In this section:

model code means the Model Code of Practice for the Welfare of Animals: Domestic Poultry, 4th edition, endorsed by the Primary Industries Ministerial Council.

Note The model code is accessible at www.publish.csiro.au..

11 Dictionary, note 2

insert

• State

Part 3 Domestic Animals Act 2000

12 Dictionary, definition of animal welfare offence, new paragraph (da)

insert

(da) section 9A (Cage system hens);

13 Dictionary, definition of animal welfare offence, new paragraph (db)

insert

(db) section 9B (Keeping pigs—appropriate accommodation);

Part 4 Eggs (Labelling and Sale) Act 2001

14 Cage eggs—retail display

Section 7 (3)

substitute

(3) If the person displays cage system eggs and other hen eggs for retail display, the display of cage system eggs must be separate from the display of the other eggs so that a person at or near the display can easily identify the eggs to which the sign mentioned in subsection (2) relates.

15 Section 7 (5) and example

substitute

(5) An offence against this section is a strict liability offence.

16 Barn eggs—retail display

New section 7A (5)

insert

(5) An offence against this section is a strict liability offence.

17 Free-range eggs—retail display

New section 7B (5)

insert

(5) An offence against this section is a strict liability offence.

Schedule 1 New Magistrates Court (Eggs Labelling and Sale Infringement Notices) Regulation 2012

(see s 5)

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Australian Capital Territory

Magistrates Court (Eggs Labelling and Sale Infringement Notices) Regulation 2012

Subordinate Law SL2012-

made under the

Eggs (Labelling and Sale) Act 2001

1 Name of regulation

This regulation is the Magistrates Court (Eggs Labelling and Sale Infringement Notices) Regulation 2012.

2 Dictionary

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘investigator—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.’ means that the term ‘investigator’ is defined in that dictionary and the definition applies to this regulation.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4 Purpose of regulation

The purpose of this regulation is to create a system of infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the Eggs (Labelling and Sale) Act 2001.

Note The Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various Acts. The infringement notice system is intended to provide an alternative to prosecution.

5 Administering authority

The administering authority for an infringement notice offence against the Eggs (Labelling and Sale) Act 2001 is the commissioner for fair trading.

6 Infringement notice offences

The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the Eggs (Labelling and Sale) Act 2001 mentioned in schedule 1, column 2.

7 Infringement notice penalties

(1) The penalty payable by an individual for an offence against the Eggs (Labelling and Sale) Act 2001, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 4 for the offence.

(2) The penalty payable by a corporation for an offence against the Eggs (Labelling and Sale) Act 2001, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 4 for the offence.

(3) The cost of serving a reminder notice for an infringement offence against the Eggs (Labelling and Sale) Act 2001 is $34.

8 Contents of infringement notices—identifying authorised person

An infringement notice served on a person by an authorised person for an infringement notice offence against the Eggs (Labelling and Sale) Act 2001 must identify the authorised person by—

(a) the person’s full name, or surname and initials; and

(b) any unique number given, for this regulation, to the person by the administering authority.

9 Contents of infringement notices—other information

(1) An infringement notice served on a company by an authorised person for an infringement notice offence against the Eggs (Labelling and Sale) Act 2001 must include the company’s ACN.

Note The requirement under this section is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).

(2) In this section:

company means a company registered under the Corporations Act.

10 Contents of reminder notices—identifying authorised person

A reminder notice served on a person by an authorised person for an infringement notice offence against the Eggs (Labelling and Sale) Act 2001 must identify the authorised person by—

(a) the person’s full name, or surname and initials; and

(b) any unique number given, for this regulation, to the person by the administering authority.

11 Authorised people for infringement notice offences

An investigator may serve—

(a) an infringement notice for an infringement notice offence against the Eggs (Labelling and Sale) Act 2001; and

(b) a reminder notice for an infringement notice offence against the Eggs (Labelling and Sale) Act 2001.

Schedule 1 Eggs (Labelling and Sale) Act 2001 infringement notice offences and penalties

(see s 6 and s 7)

column 1 item	column 2 offence provision	column 3 offence penalty (penalty units)	column 4 infringement penalty ($)
1	7 (1)	50	550
2	7A (1)	50	550
3	7B (1)	50	550

Dictionary

(see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• commissioner for fair trading

• corporation

• Corporations Act

• individual.

Note 3 Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930 (see Legislation Act, s 148). For example, the following terms are defined in the Magistrates Court Act 1930, dict:

• administering authority

• authorised person

• infringement notice

• infringement notice offence

• reminder notice.

investigator—see the Fair Trading (Australian Consumer Law) Act 1992, dictionary.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 28 March 2012.

2 Notification

Notified under the Legislation Act on 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

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