South Australian Numbered Regulations South Australian Numbered Regulations37—Prevention of escape and facilitation of inspection of protected animals
(1) Subject to this regulation, a person who keeps a protected animal must—
(a) keep the animal in a cage or enclosure that is adequate in size and is designed, constructed, located and maintained so as to—
(i) prevent the animal from escaping; and
(ii) in the case of an animal that is dangerous or constitutes a biological hazard—enable the cage or enclosure to be locked or otherwise secured against unauthorised access; and
(iii) as far as is practicable, facilitate the inspection of the animal by a warden under the Act; and
(b) in the case of an animal that is dangerous or constitutes a biological hazard—ensure that the cage or enclosure in which the animal is kept is, except when the person is present, securely locked or otherwise secured so as to prevent unauthorised access to the animal; and
(c) produce the animal for inspection at the request of a warden.
Maximum penalty: $1 250.
Expiation fee: $160.
Note—
It is an offence under section 13 of the Animal Welfare Act 1985 for a person to ill treat an animal. Under that section, ill treatment includes intentionally, unreasonably or recklessly causing the animal unnecessary harm and, in the case of the owner of the animal, includes failing to provide it with appropriate and adequate food, water, living conditions or exercise.
(2) Where, on application by a person who keeps a protected animal, the Director approves the keeping of the animal in a manner that does not comply with a requirement of subregulation (1), the person will be taken to comply with that subregulation if the person keeps the animal in accordance with that approval and its limitations, restrictions or conditions (if any).
(3) In this regulation—
"enclosure", in relation to an animal, includes a house or other building or a yard, or a portion of a house or other building or yard, to which the animal normally has access, but is unable to leave.