Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Prevention of Cruelty to Animals Act 1979.
IAN MACDONALD, M.L.C.,Minister for Primary Industries
Part 1 Preliminary
1 Name of Regulation
This Regulation is the Prevention of Cruelty to Animals (General) Regulation 2006.
2 Commencement
This Regulation commences on 1 September 2006.Note—This Regulation replaces the Prevention of Cruelty to Animals (General) Regulation 1996 and the Prevention of Cruelty to Animals (Animal Trades) Regulation 1996 both of which are repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions and notes
(1) In this Regulation:the Act means the Prevention of Cruelty to Animals Act 1979.the Department means the Department of Primary Industries.(2) The notes in the text of this Regulation do not form part of this Regulation.
Part 2 Provisions relating to confinement, carriage and use of animals
4 Prescribed manner in which pinioning of bird is permitted
For the purposes of section 4 (2A) of the Act, the prescribed manner in which the carrying out of the pinioning of a bird is not an act of cruelty is a manner that complies with the provisions of the document entitled Guidelines for the Pinioning of Birds, as approved on 7 June 1995 by the Animal Welfare Advisory Council, a copy of which is published on the Department’s website.
5 Prescriptions relating to provision of food or shelter for stock animals
For the purposes of sections 8 (3) and 24I (b) of the Act:(a) ruminant stock animals that, because of drought conditions, are at the relevant time being given, by necessity, supplementary feeding of stored or purchased stock feed are a prescribed class of animal, and(b) 72 hours is the period prescribed for that prescribed class of animal.
6 Prescribed circumstances in which tail docking is permitted
(1) For the purposes of section 12 (2) of the Act, the prescribed circumstances in which the docking of the tail of a cow, heifer or female calf may be performed are:(a) that it is or will be a dairy cow and that the pastoral and environmental conditions in the place where it is or will be kept are such that there is a likelihood of disease to its udder, and(b) if it is 6 months old or older, that the veterinary practitioner who docks its tail is, before doing so, provided with a statutory declaration stating reasons sufficient to establish the circumstances set out in paragraph (a).(2) For the purposes of section 12 (2) of the Act, it is a prescribed condition, in accordance with which the docking of the tail of a cow, heifer or female calf may be performed, that the tail is docked in such a manner that the tail is left long enough to cover the animal’s vulva.
7 Prescribed circumstances in which “debarking” is permitted
For the purposes of section 12 (2) of the Act, the prescribed circumstances in which a dog may be operated on for the purpose of preventing the dog from being able to bark are that the veterinary practitioner who performs the operation is, before doing so, provided with:(a) a copy of an order issued under section 21 of the Companion Animals Act 1998 requiring the owner of the dog to prevent it from barking, and(b) a statutory declaration by the owner of the dog to the effect that, unless the operation is performed, the owner would need to have the dog destroyed so as to comply with the order.
8 Prescribed circumstances in which “declawing” is permitted
For the purposes of section 12 (2) of the Act, the prescribed circumstances in which one or more of the claws of a cat may be removed are as follows:(a) in the case of a domestic cat, that the veterinary practitioner who removes the cat’s claws is, before doing so, provided with a statutory declaration to the effect that the cat will be destroyed unless its claws are removed:(i) because the cat is causing unacceptable damage to property with its claws and attempted retraining of the cat has been unsuccessful, or(ii) because the cat has repeatedly killed wildlife,(b) in any other case, that the veterinary practitioner who removes the cat’s claws is, before doing so, provided with a statutory declaration to the effect that the procedure is being requested because of potential damage by the cat to property, persons or animals.
9 Particulars of certain procedures to be recorded
(1) For the purposes of section 12A (1) of the Act, the prescribed form for a register is that:(a) it is in writing, and(b) its pages are consecutively numbered, and(c) it does not form part of any other record relating to clients or animals treated.(2) The prescribed particulars to be recorded in the register are as follows:(a) the full name and residential address of the owner of the animal on which the procedure was carried out,(b) the type of procedure,(c) the justification for the procedure,(d) the date on which the procedure was carried out,(e) a full description of the animal on which the procedure was carried out (including, if such information is available, its age, name, breed and electronic identification information (including identification number), and a description of any distinctive markings),(f) the name of the veterinary practitioner who carried out the procedure.(3) Any statutory declaration (or, in the case of a register kept in electronic form, a copy of any statutory declaration) or copy of an order provided under clause 6, 7 or 8 to the veterinary practitioner who carried out the procedure is to be kept in the register.
10 Prescribed types of electrical devices and prescribed species
For the purposes of the definition of electrical device in section 16 (1) of the Act, a type of device listed in Column 1 of Schedule 1 is a prescribed type of electrical device unless it is used for a purpose or in circumstances specified in Column 2 of that Schedule.
11 Exemptions from sections 18, 18A and 20 prohibitions in relation to rodeos
(1) Any person who:(a) uses any premises, or manages or controls any premises that are used, for the purposes of a rodeo, or(b) receives money for the admission of another person to premises that are used for the purposes of a rodeo, oris exempt from the operation of section 18 of the Act in respect of the use of the premises for the purposes of a rodeo, subject to the condition that the rodeo is at all times conducted in accordance with the relevant Code of Practice.(c) being an owner of premises, authorises the premises to be used for the purposes of a rodeo,(2) Any person who advertises, promotes or takes part in a rodeo is exempt from the operation of sections 18A and 20 of the Act in respect of the advertising, promoting or taking part in the rodeo, subject to the condition that the rodeo is at all times conducted in accordance with the relevant Code of Practice.(3) A person does not lose the benefit of an exemption under this clause because of a failure to comply with the relevant Code of Practice if the failure occurs despite the person having done all that the person could reasonably be expected to have done to comply with that Code.(4) In this clause:relevant Code of Practice means the document entitled Code of Practice for the Welfare of Animals Used in Rodeo Events, as approved on 30 April 1988 by the Animal Welfare Advisory Council, a copy of which is published on the Department’s website.rodeo means any exhibition, competition, spectacle or display (whether or not conducted for the purpose of gain) involving cattle or horses (but not any other type of animal) which includes any one or more of the following activities:(a) saddle bronc riding,(b) bareback bronc riding,(c) bull riding,(d) steer riding or wrestling,(e) roping and tying of cattle,(f) team roping of cattle or any similar activity involving unbroken horses.
12 Coursing prohibited
For the purposes of section 21 (2C) of the Act, all species of animals (other than species commonly used as coursing dogs) are prescribed species.
13 Exemption from section 21C prohibition on steeplechasing and hurdle racing
(1) A person who organises or participates in a steeplechase or hurdle race to which this clause applies is exempt from the operation of section 21C of the Act in relation to that race.(2) This clause applies to a steeplechase or hurdle race that is organised in such a way that no horse in the race can approach or attempt to jump a particular obstacle or hurdle at the same time as any other horse in the race.
14 Prescribed parts of NSW and prescribed traps
(1) For the purposes of section 23 (1) of the Act, the prescribed parts of New South Wales are as follows:(a) the Eastern and Central Division within the meaning of the Crown Lands Act 1989,(b) the Western Division within the meaning of the Crown Lands Act 1989,(c) Lord Howe Island.(2) For the purposes of section 23 (1) of the Act, the prescribed types of trap are the following:(a) traps that are sold under any of the following trade or proprietary names or descriptions:(i) “Lane’s ‘Ace’ Rabbit Trap”,(ii) “Lane’s Dog Trap”,(iii) “Lane’s Round Jaw Wild Dog Trap”,(iv) “Lane’s Dingo Trap”,(v) “Oneida No 14 Steel Trap”,(b) any other trap that is similar in design, construction or manner of operation to any of the traps referred to in paragraph (a) (except for a soft-jawed trap, that is, a trap with steel jaws that are offset and padded).
15 Conveyance of stock animals
(1) A person must not:(a) carry or convey a large stock animal in a cage or vehicle, orunless the cage or vehicle is of a height that allows the animal to stand upright without any part of the animal coming into contact with the roof, ceiling or cover of the cage or vehicle.(b) being a person in charge of a large stock animal, authorise the carriage or conveyance of the animal in a cage or vehicle,Maximum penalty: 25 penalty units.(2) In this clause, a reference to a large stock animal is a reference to an animal that belongs to the class of animals comprising cattle, horses, sheep, goats, pigs and deer.
16 Minimum cage sizes for fowls used for egg production
(1) A person must not confine fowls in a cage for the purpose of their being used for egg production unless the floor area of the cage is not less than the minimum floor area applicable to the cage, as follows:(a) for a cage that contains one fowl, the minimum floor area is 1,000 square centimetres,(b) for a cage that contains 2 fowls, the minimum floor area is 1,350 square centimetres,(c) for a cage that contains 3 or more fowls, the minimum floor area is the area calculated by allowing:(i) 450 square centimetres for each fowl, if the average weight of the fowls in the cage is 2.4 kilograms or less, or(ii) 600 square centimetres for each fowl, if the average weight of the fowls in the cage is more than 2.4 kilograms.Maximum penalty: 25 penalty units.(2) If fowls are kept in more than 30 cages at a place, compliance with subclause (1) (c) in relation to those cages is to be determined on the basis of average flock weight rather than on the basis of the average weight of the fowls in the individual cages. For that purpose, the reference in subclause (1) (c) to the average weight of the fowls in the cage is to be read as a reference to the average flock weight.(3) Average flock weight is the average weight of the fowls in all the cages concerned, determined in a manner that follows the procedures for counting and weighing set out in the National Guidelines for RSPCA Inspectors for the Inspection of Layer Hen Cages, which is included in the Australian Model Code of Practice for the Welfare of Animals—Domestic Poultry, 3rd edition, issued by the Agriculture and Resource Management Council of Australia and New Zealand.Note—The Model Code of Practice for the Welfare of Animals—Domestic Poultry is now in its 4th edition. However, the National Guidelines for RSPCA Inspectors for the Inspection of Layer Hen Cages do not appear in that edition. Copies of the Guidelines are available from the Department.(4) A contravention of this clause by a person who is a first offender does not constitute an offence unless:(a) an officer has given the person a direction in writing to remedy the contravention within a period (not longer than 3 months) specified in the direction, and(b) the person has failed to remedy the contravention within that period.(5) A person is a first offender if the person has not been convicted of an offence in respect of any previous contravention of this clause or the equivalent of this clause occurring in any previous regulation.(6) For the purposes of this clause, the floor area of a cage is taken to include the area under any egg baffle, manure deflector, drinking nipple or vee-trough for water.
17 Use of animals in films and theatrical performances
(1) A person must not use an animal in connection with the production of a film or theatrical performance, or cause or permit an animal to be used in connection with the production of a film or theatrical performance, otherwise than in accordance with the relevant Code of Practice.Maximum penalty: 25 penalty units.(2) A person does not commit an offence under subclause (1) in respect of any failure to comply with the relevant Code of Practice if the failure occurs despite the person’s having done all that he or she could reasonably be expected to have done to comply with that Code.(3) In this clause:relevant Code of Practice means the document entitled Code of Practice for the Welfare of Animals in Theatrical Performances, as approved on 3 February 1997 by the Animal Welfare Advisory Council.Note—A copy of the Code of Practice is published on the Department’s website.
Part 3 Provisions relating to animal trades
18 Prescribed animal trades
Each purpose referred to in Column 1 of Schedule 2 is prescribed for the purposes of the definition of animal trade in section 4 (1) of the Act.
19 Animal trades Codes of Practice
For the purposes of this Part, each document referred to in Column 2 of Schedule 2 is a relevant Code of Practice for the corresponding business specified in Column 1 of that Schedule.Note—Copies of each document are published on the Department’s website.
20 Conduct of animal trades
(1) The proprietor of a business that conducts an animal trade, and each person concerned in the management of the business, must take all reasonable steps to ensure that all persons employed in the business comply with the requirements of this clause:(a) in relation to the conduct of the trade generally, and(b) in relation to the care and treatment of animals used or kept in connection with the conduct of the trade.Maximum penalty: 25 penalty units.(2) The requirements of this clause in relation to the conduct of an animal trade generally are as follows:(a) the premises in which animals are kept must be maintained in a clean and hygienic condition,(b) each person who has duties in relation to the care or treatment of animals must be appropriately supervised in the conduct of his or her duties,(c) appropriate records must be kept to ensure that the care and treatment of animals can be properly monitored,(d) without limiting the requirements of paragraphs (a), (b) and (c), the provisions of each relevant Code of Practice must be complied with.(3) The requirements of this clause in relation to the care and treatment of animals used or kept in connection with the conduct of an animal trade are as follows:(a) each animal is to be provided with accommodation and equipment that is suited to the physical and behavioural requirements of the animal,(b) each animal is to be protected from extreme climatic and environmental conditions and from interference by people,(c) each animal is to be provided with sufficient space within which to rest, stand, stretch, swim, fly or otherwise move about,(d) each animal is to be provided with a sufficient quantity of appropriate food and water to maintain good health,(e) each animal must be protected from exposure to disease, distress and injury and, in the event that the animal becomes diseased, distressed or injured, must be promptly provided with appropriate treatment,(f) each animal must be periodically inspected to ensure that it is receiving appropriate food and water and is free from disease, distress and injury,(g) without limiting the requirements of paragraphs (a)–(f), the provisions of each relevant Code of Practice that relate to the care and treatment of animals kept or used in that trade must be complied with.(4) A person does not commit an offence in respect of any failure to comply with the requirements of this clause if the failure occurs despite the person having done all that he or she could reasonably be expected to have done to comply with those requirements.
Part 4 Miscellaneous
21 Police officers exercising certain powers
For the purposes of section 24H (4) of the Act:(a) a police officer is to give a direction to stop a vehicle or vessel by requesting or signalling the person operating the vehicle or vessel to stop the vehicle or vessel, and(b) a police officer is identified as a police officer if the officer wears his or her police uniform or otherwise displays evidence that he or she is a police officer and that would be visible to the person operating the vehicle or vessel concerned.
22 Assistance to inspectors
For the purposes of section 24M (b) of the Act, the following classes of persons are prescribed as persons who may accompany and aid an inspector exercising, in residential premises, a power conferred by Division 2 of Part 2A of the Act:(a) veterinary practitioners,(b) persons who have special expertise in the handling of the animal concerned.
23 Penalty notice offences
(1) For the purposes of section 33E of the Act:(a) each offence created by a provision specified in Column 1 of Schedule 3 is prescribed as a penalty notice offence, and(b) the prescribed penalty payable in respect of a penalty notice offence that is dealt with under section 33E of the Act is:(i) in the case of an individual—the amount specified in Column 2 of Schedule 3 opposite the relevant provision, or(ii) in the case of a corporation—the amount specified in Column 3 of Schedule 3 opposite the relevant provision.(2) If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or is committed in the circumstances so specified.
24 Guidelines relating to the welfare of farm or companion animals
(1) For the purposes of section 34A (1) of the Act, the following documents, published by CSIRO Publishing and as in force from time to time, are adopted as guidelines:(a) Model Code of Practice for the Welfare of Animals: Domestic Poultry,(b) Model Code of Practice for the Welfare of Animals: Farmed Buffalo,(c) Model Code of Practice for the Welfare of Animals: Animals at Saleyards,(d) Model Code of Practice for the Welfare of Animals: The Goat,(e) Model Code of Practice for the Welfare of Animals: The Sheep,(f) Model Code of Practice for the Welfare of Animals: The Farming of Deer,(g) Model Code of Practice for the Welfare of Animals: Cattle,(h) National Guidelines for Beef Cattle Feedlots in Australia.Note—Copies of each document are published on the Department’s website.(2) For the purposes of this clause, the Model Code of Practice for the Welfare of Animals: The Farming of Deer (as in force at the commencement of this clause) is taken to have been amended by omitting clause 5.2 (ii) and by inserting instead:(ii) Removal of the “velvet antlers” should be the responsibility of a veterinary practitioner or a person referred to in section 9 (2) (e) of the Veterinary Practice Act 2003.
25 Reports of approved charitable organisations
(1) A report of an approved charitable organisation under section 34B (3) of the Act must address the following matters in relation to the period covered by the report:(a) complaints and investigations concerning the treatment of animals,(b) counsel, advice or cautions given,(c) notices issued,(d) proceedings for offences instituted,(e) officers of the organisation and training provided for them,(f) complaints about the organisation or its officers.(2) Such a report must include the following:(a) a statement of the number of, and a summary of the substance of, complaints relating to animal cruelty or mistreatment received by the organisation,(b) a statement of the number of visits or investigations made by officers of the organisation as a result of those complaints,(c) a statement of the number of visits or investigations made by officers of the organisation that were unrelated to those complaints (such as routine inspections of abattoirs, veterinary practices, pet shops or saleyards),(d) a statement of the number of persons counselled or advised by officers of the organisation,(e) a statement of the number of persons cautioned by officers of the organisation,(f) a statement of the number of notices issued by officers of the organisation under section 24N of the Act,(g) a statement of the number of penalty notices issued by officers of the organisation,(h) a statement of the number of proceedings for offences under the Act or the regulations that were instituted by officers of the organisation, together with details of the defendants and the charges,(i) details of the outcome of such of those proceedings as had been finally determined as at the date of the report,(j) details of the outcome of such proceedings for offences as were referred to in the immediately previous report but not finally determined as at the date of that report,(k) a list, current as at the date of the report, of the officers of the organisation, together with any changes made to that list since the immediately previous report,(l) details of any complaints received by the organisation in relation to its activities (or those of its officers) under the Act, including details as to the resolution of those complaints and of the disciplinary action (if any) taken against any person as a result of those complaints,(m) details of the training provided by the organisation for its officers.(3) In this clause, officer has the same meaning as it has in paragraph (b) of the definition of that term in section 4 (1) of the Act.
26 Savings provision
(1) Any act, matter or thing that, immediately before the repeal of the Prevention of Cruelty to Animals (General) Regulation 1996, had effect under that Regulation continues to have effect under this Regulation.(2) Any act, matter or thing that, immediately before the repeal of the Prevention of Cruelty to Animals (Animal Trades) Regulation 1996, had effect under that Regulation continues to have effect under this Regulation.(3) If the provisions of Schedule 3.20 to the Veterinary Practice Act 2003 have not commenced on or before the commencement of this Regulation, until the commencement of those provisions, a reference in this Regulation:(a) to a veterinary practitioner is to be read as a reference to a veterinary surgeon, and(b) to a person referred to in section 9 (2) (e) of that Act is to be read as a reference to a person acting in accordance with the approval in writing of the Board of Veterinary Surgeons of New South Wales as referred to in section 44 (2) of the Veterinary Surgeons Act 1986.
Schedule 1 Electrical devices
(Clause 10)
Column 1 | Column 2 |
Type of device | Purpose or circumstance |
Electro-immobiliser | Restraining cattle, but only if used by a veterinary practitioner for purposes other than as an alternative to analgesia or anaesthesia |
Electric stock prod | Driving, herding, mustering or controlling weaned cattle, sheep or pigs Controlling horses being used in a rodeo, but only for the purpose of getting a horse that has stalled in the chute to exit the chute and not if used on the horse once it has started to exit the chute |
Electric fence | Confining, controlling or protecting animals (except dogs and cats) |
Electro-ejaculator | Collecting semen from conscious cattle or sheep Collecting semen from animals that have been tranquillised and administered with an analgesic or animals that have been anaesthetised |
Electric stock grid | Confining stock animals (except poultry) |
Electric fightback lure | Training coursing dogs |
Electro-fishing device | Catching fish species under licence, permit or authority under the Fisheries Management Act 1994 or in accordance with the Animal Research Act 1985 |
The device sold under the name Pingg String (including any similar device delivering an electric shock of no greater intensity or duration than a Pingg String) | Confining dogs or cats, but only if used inside a fence through which dogs or cats cannot pass and that is not less than 1.5 metres high |
Canine invisible boundary | Confining dogs, but only if used inside a fence through which dogs cannot pass and that is not less than 1.5 metres high |
Electronic bird deterrent device | Deterring birds from roosting on building ledges and other external building surfaces |
Any other device producing an electrical discharge that is used in such a way that the animal in relation to which it is being used cannot move away from the device |
Schedule 2 Animal trades and Codes of Practice
(Clauses 18 and 19)
Column 1 | Column 2 |
Animal trade | Code of Practice |
Pet shop (that is, a business in the course of which an animal is kept in a shop, or any booth or stall in a market or at a fair, for the purposes of sale) | “Animal Welfare Code of Practice No 4—Keeping and Trading of Birds”, published in 1996 by NSW Agriculture “Animal Welfare Code of Practice No 2—Animals in Pet Shops”, published in 1996 by NSW Agriculture |
Animal boarding establishment (that is, a business in the course of which dogs or cats are boarded for fee or reward) | “Animal Welfare Code of Practice No 5—Dogs and Cats in Animal Boarding Establishments”, published in 1996 by NSW Agriculture |
Animal breeding establishment (that is, a business in the course of which dogs or cats are bred for fee or reward) | “Animal Welfare Code of Practice No 6—Breeding Dogs”, published in 1996 by NSW Agriculture “Animal Welfare Code of Practice No 7—Breeding Cats”, published in 1996 by NSW Agriculture |
Animal transport establishment (that is, a business in the course of which dogs, cats and other domestic pets are transported for fee or reward) | “Animal Welfare Code of Practice No 1—Companion Animal Transport Agencies”, published in 1996 by NSW Agriculture |
Pet grooming establishment (that is, a business in the course of which dogs or cats are groomed for fee or reward) | “Animal Welfare Code of Practice No 8—Animals in Pet Grooming Establishments”, published in 1996 by NSW Agriculture |
Security dog training establishment (that is, a business in the course of which dogs are trained as security dogs) | “Animal Welfare Code of Practice No 9—Security Dogs”, published in 1996 by NSW Agriculture |
Security dog business (that is, a business in the course of which 3 or more dogs are used for the purpose of guarding premises for fee or reward) | “Animal Welfare Code of Practice No 9—Security Dogs”, published in 1996 by NSW Agriculture |
Riding centre (that is, a business in the course of which horses are hired out for riding) | “Animal Welfare Code of Practice No 3—Horses in Riding Centres and Boarding Stables”, published in 1996 by NSW Agriculture |
Boarding stable (that is, a business in the course of which horses are boarded for fee or reward) | “Animal Welfare Code of Practice No 3—Horses in Riding Centres and Boarding Stables”, published in 1996 by NSW Agriculture |
Schedule 3 Penalty notice offences
(Clause 23)
Column 1 | Column 2 | Column 3 |
Provision of the Act | Penalty (individuals) | Penalty (corporations) |
Section 5 (1) | $500 | $1,500 |
Section 5 (2) | $500 | $1,500 |
Section 5 (3) | $500 | $1,500 |
Section 7 (1) | $500 | $1,500 |
Section 7 (2A) | $200 | — |
Section 8 | $200 | $1,000 |
Section 9 (1) | $200 | $1,000 |
Section 10 (1) | $200 | $1,000 |
Section 10 (2) | $200 | $1,000 |
Section 10 (3) | $200 | $1,000 |
Section 12 (1) | $500 | $1,500 |
Section 12A (1) | $200 | — |
Section 12A (2) | $200 | — |
Section 14 | $200 | — |
Section 16 (2) | $500 | $1,500 |
Section 17 | $500 | $1,500 |
Section 18 (1) | $500 | $1,500 |
Section 18 (2) (a) | $500 | $1,500 |
Section 18 (2) (c) | $500 | $1,500 |
Section 18A | $500 | $1,500 |
Section 19A (3) | $500 | $1,500 |
Section 20 | $500 | $1,500 |
Section 21A | $500 | $1,500 |
Section 21B | $500 | $1,500 |
Section 21C | $500 | $1,500 |
Section 23 (1) | $500 | $1,500 |
Section 23 (2) | $500 | $1,500 |
Column 1 | Column 2 | Column 3 |
Provision of this Regulation | Penalty (individuals) | Penalty (corporations) |
Clause 15 (1) | $200 | — |
Clause 16 (1) | $200 | — |
Clause 17 (1) | $200 | — |