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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Animal Welfare (Miscellaneous) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Animal
Welfare Act 1985
.
Contents
Part 2—Amendment of Animal Welfare
Act 1985
4Amendment of section
3—Interpretation
4Application of Act
in relation to fish
6Amendment of section 15A—Duty of person in
charge of vehicle in case of accidents involving animals
13AKeeping of
certain animals in tanks prohibited without approval of Minister
8Amendment of section 38—Offences by
bodies corporate
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Animal Welfare (Miscellaneous) Amendment
Act 2016.
This Act will come into operation 3 months after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Animal Welfare
Act 1985
4—Amendment
of section 3—Interpretation
Section 3, definition of animal—delete the definition
and substitute:
animal means a member of any species of the sub-phylum
vertebrata but does not include a human being;
After section 3 insert:
4—Application of Act in relation to
fish
(1) Except where a provision of this Act expressly provides otherwise,
this Act applies to all fish.
(2) This Act does not limit the operation of the
Fisheries
Management Act 2007
or the
Aquaculture
Act 2001
.
(3) This Act does not operate to render unlawful commercial fishing,
recreational fishing or Aboriginal traditional fishing (all within the meaning
of the
Fisheries
Management Act 2007
).
(4) This Act does not operate to render unlawful aquaculture undertaken
pursuant to the
Aquaculture
Act 2001
.
(5) This Act does not apply to, or in relation to, an act or omission that
is authorised or required to be taken under the
Natural
Resources Management Act 2004
or any other Act.
Note—
For example, a requirement that European carp not be returned to the
water.
6—Amendment
of section 15A—Duty of person in charge of vehicle in case of accidents
involving animals
Section 15A—after its present contents (now to be designated as
subsection (1)) insert:
(2) This section does not apply in relation to fish or other aquatic
animals.
After section 13 insert:
13A—Keeping of certain animals in tanks prohibited
without approval of Minister
(1) Subject to this section, the Minister may, on application, grant an
approval to a person to keep a prescribed animal in a tank.
(2) An application for approval—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by such plans and other information as the
Minister may reasonably require; and
(c) must be accompanied by the prescribed fee.
(3) The Minister must not grant an approval unless he or she has consulted
with, and has the approval of, the Society in respect of the living conditions
in which the applicant proposes to keep the prescribed animal.
(4) An approval under this section—
(a) may be conditional or unconditional; and
(b) must comply with any other requirements set out in the regulations;
and
(c) remains in force until surrendered or revoked under this
Act.
(5) The Minister may, by notice in writing, vary or revoke an approval if
he or she is of the opinion that the welfare of any prescribed animal kept
pursuant to the approval is at risk, or for any other reason he or she thinks
fit.
(6) A person must not
keep a prescribed animal in a tank except with the approval of the
Minister.
Maximum penalty: $20 000 or imprisonment for 2 years.
(7) A person must not knowingly allow a prescribed animal to be kept in
contravention of
subsection (6)
on premises, or in a place, owned or occupied by him or her.
Maximum penalty: $20 000 or imprisonment for 2 years.
(8) In this section—
prescribed animal means—
(a) a marine mammal of the order Cetacea; and
Note—
This includes all whales, dolphins and porpoises.
(b) a fish of the class Chondrichthyes (other than an animal of a
species declared by the regulations not to be included in the ambit of this
paragraph); and
Note—
This includes all sharks and rays.
(c) any other animal prescribed by the regulations for the purposes of
this section;
tank includes pool, pond, dam, pen or other confined area
(however described).
8—Amendment
of section 38—Offences by bodies corporate
Section 38(4), definition of prescribed offence,
(a)—after "13(1) or (2)" insert:
, 13A(6) or (7)