Victorian Consolidated Regulations

PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2019 - NOTES

Version No. 003

S.R. No. 133/2019
Version as at
1 September 2021

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Version No. 003

Prevention of Cruelty to Animals Regulations 2019

S.R. No. 133/2019

Version as at
1 September 2021

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Prevention of Cruelty to Animals Regulations 2019, S.R. No. 133/2019 were made on 10 December 2019 by the Governor in Council under section 42 of the Prevention of Cruelty to Animals Act 1986, No. 46/1986 and came into operation as follows:

Regulations 1−8(1), 9−12, 14−159 on 14 December 2019: regulation 3(1); regulation 8(2) on 1 July 2020: regulation 3(2); regulation 13 on 1 September 2021: regulation 3(3).

The Prevention of Cruelty to Animals Regulations 2019 will sunset 10 years after the day of making on 10 December 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

There are no amendments made to the Prevention of Cruelty to Animals Regulations 2019 by statutory rules, subordinate instruments and Acts.

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 133/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, definition of Australian Code	National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, 8th edition published 26 June 2013 by the National Health and Medical Research Council, Canberra	The whole
Regulations 108, 109(2), 111(2), 115(1), 115(2), 121, 122(2), 124(2), 127(1), 127(2), 132(d), 134(b), 135(2), 137(2), 141(1), 141(2), 144(2), 146(1).
Regulation 5, definition of Laboratory Animals Code of Practice	Code of Practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits, approved by the Governor in Council on 12 October 2004 and published in the Victorian Government Gazette G51 on 16 December 2004 at pages 3419–3461	The whole
Regulations 108, 115, 121, 127, 134 and 141

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5, definitions of "Land Transport Standard", livestock Regulation 6(5)	Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock, 1st edition published by Animal Health Australia 2012, Canberra	The whole
Regulation 5, definition of mules	Australian Animal Welfare Standards and Guidelines for Sheep 1st edition published by Animal Health Australia, 2014, Canberra	The whole
Regulation 5, definition of Victorian Code of Practice for Training Dogs and Cats to wear Electronic Collars	Victorian Code of Practice for Training Dogs and Cats to Wear Electronic Collars, published in the Government Gazette G48 on 1 December 2011 at pages 2853 to 2860	The whole
Regulations 24(1)(e), 27(3)