Victorian Consolidated Regulations

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PREVENTION OF CRUELTY TO ANIMALS REGULATIONS 2019 - REG 5

Definitions

"anti-bark collar" means an electronic collar designed to modify barking behaviour in dogs and that is activated by a dog's bark;

"Australian Code "means the National Health and Medical Research Council (2013) Australian code for the care and use of animals for scientific purposes, published by the National Health and Medical Research Council, Canberra;

Australian Pesticides and Veterinary Medicines Authority means the Australian government statutory authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

"authorised electronic collar" means—

        (a)     in relation to a dog, any one of the following—

              (i)     a remote training collar;

              (ii)     an anti-bark collar;

              (iii)     a containment collar;

        (b)     in relation to a cat, a containment collar;

"bar", in relation to a horse's mouth, means the gums of a horse between the incisors and the molars;

"confinement trap "means a trap that uses a cage, bag, fence, yard or container to confine the whole body of one or more animals;

"containment collar "means an electronic collar that is worn by an animal as part of a containment system;

"containment system "means a method of containing animals to a specific area through the use of a containment collar which may deliver an electric shock to an animal if it gets too close to the designated boundary;

"controlled pest animal" means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be a controlled pest animal;

"Crown land" has the same meaning as in the Conservation, Forests and Lands Act 1987 but does not include land that is subject to a lease or licence for agricultural or grazing purposes under Division 4 of Part I of the Land Act 1958 ;

"declared feral cat "means an animal of the species Felis catus declared to be an established pest animal by a feral cat declaration;

"declared pest animal" means an established pest animal or a restricted pest animal;

"electric foot shock apparatus "means a device designed to deliver electric shocks of controlled intensity and duration to the foot of an animal under experimental conditions;

"electrocution trap" means a trap that is designed to kill an animal by electrocution;

"electrofish" means to use a device that imparts an electric current into water to stun or kill a fish before it is caught;

"electronic collar "means an animal collar that is designed to be capable of imparting an electric shock to an animal;

"established pest animal" means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be an established pest animal;

"feral cat" declaration means a declaration under Part 8 of the Catchment and Land Protection Act 1994 declaring the feral or wild population of the cat ( Felis catus ) to be an established pest animal on specified Crown Land;

"glue trap "means a trap that uses glue, adhesive material or any similar viscid substance as the mode of capture to trap an animal or insect;

"humanely destroy", in relation to an animal, means causing the death of an animal by a means that results in immediate loss of consciousness and then death of the animal (without recovering consciousness);

"jaw spread", in relation to a leghold trap," "means the maximum distance between the internal surface of both jaws, when measured perpendicular to a line drawn through the jaw pivot points when the trap is in the set position;

"kill trap" means a trap designed to kill a trapped animal;

"Laboratory Animals Code of Practice" means the Code of Practice for the Housing and Care of Laboratory Mice, Rats, Guinea Pigs and Rabbits made by the Governor in Council on 12 October 2004 and published in Government Gazette G51 on 16 December 2004 at pages 3419–3461;

"Land Transport Standard" means the Australian Animal Welfare Standards and Guidelines— Land Transport of Livestock Edition 1, published by Animal Health Australia 2012, Canberra;

"large leghold trap" means a jawed spring-operated trap, designed to capture an animal by the foot or leg with a jaw spread between 10·1 centimetres and 15·5 centimetres;

"lethal trap device" means a device attached to a trap that contains a lethal substance for the purposes of causing the rapid death of trapped target animals through ingestion of the substance;

"livestock "has the same meaning as in the Land Transport Standard;

"mules" has the same meaning as in the Australian Animal Welfare Standards and Guidelines for Sheep Edition 1, published by Animal Health Australia 2014, Canberra;

"net trap "means a trap made of netting that is used for the purposes of either catching or holding, or both catching and holding, an animal;

non-human hominid means a non-human member of the family Hominidae, being a gorilla, chimpanzee, bonobo or an orangutan;

"non-kill snare "means an anchored cable or wire noose that is designed to catch an animal by the body, neck or limb that tightens around the animal to restrain it without killing it;

"noxious aquatic species "means a noxious aquatic species declared under section 75 of the Fisheries Act 1995 ;

"Oxy-LPG pest control device "means a gas explosive device capable of pumping a propane and oxygen mixture into burrows and tunnels, resulting in an underground blast-wave with the intent of collapsing the burrow or warren;

"padded", in relation to a leghold trap, means that rubber pads have been added to the surface of the jaws for the purposes of cushioning the impact of the jaws;

"pan tension", in relation to a leghold trap or non-kill snare trap, means tension applied to the pan of a leghold trap or non-kill snare that is capable of being adjusted so that a certain weight is required to depress the pan and trigger the trap or snare;

"pronged collar "means a collar designed for use on dogs that consists of a series of links or segments with prongs, teeth or blunted open ends turned towards the dog's neck so that, when the collar is tightened, it pinches the skin around the dog's neck;

"qualified dog trainer" means a person who has completed a qualification approved by the Minister, and published in the Government Gazette, relating to the training of dogs;

"regulated pest animal" means an animal that has been declared under Part 8 of the Catchment and Land Protection Act 1994 to be a regulated pest animal;

"remote training collar "means an electronic collar that is designed to be worn by an animal to assist in the modification of the animal's behaviour and that is activated by a person through a transmitter;

"restricted pest animal" has the same meaning as in the Catchment and Land Protection Act 1994 ;

"rodent" means a mouse of the species Mus musculus or a rat of the species Rattus norvegicus or Rattus rattus ;

"rodent kill trap" means a kill trap designed to kill a rodent;

"small leghold trap "means a jawed spring-operated trap, designed to capture an animal by the foot or leg with a jaw spread of 10 centimetres or less;

"the Act" means the Prevention of Cruelty to Animals Act 1986 ;

"unincorporated area" means—

        (a)     French Island; or

        (b)     Sandstone Island (incorporating Elizabeth Island); or

        (c)     Gabo Island; or

        (d)     Lady Julia Percy Island; or

        (e)     an alpine resort with the meaning of the Alpine Resorts (Management) Act 1997 ;

"urban area "means an area of land that is predominantly—

        (a)     subdivided into allotments that, in the case of land used or to be used for residential purposes, are not larger than 0·4 hectares; and

        (b)     able to be used or developed under a planning scheme or interim development order for residential, industrial or commercial purposes; and

        (c)     provided with constructed streets and public utility services;

"Victorian Code of Practice for Training Dogs and Cats to Wear Electronic Collars "means the Code of Practice made under section 7 of the Act and published in Government Gazette G48 on 1 December 2011 at pages 2853 to 2860;

"wild dog "means an animal of the species Canis familiaris that is declared to be an established pest animal under Part 8 of the Catchment and Land Protection Act 1994 ;

"wildlife "has the same meaning as in the Wildlife Act 1975 .

Division 1—General requirements



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