Appendix 1 – Details of relevant federal, state and territory legislation
Appendix 2 – Estimation of animal exhibit facilities, keepers and animals
Appendix 3 – Estimation of quantifiable incremental costs of the proposed general standards and discussion of unquantifiable costs
Appendix 4 – Estimation of quantifiable incremental costs of the proposed taxon standards and discussion of unquantifiable costs
Appendix 5 – Complete list of public consultation questions
Appendix 1 - Details of relevant federal, state and territory legislation
A1.1 States and territories
Under constitutional arrangements, the primary responsibility for animal welfare within Australia rests with individual states and territories, which exercise legislative control through ‘prevention of cruelty to animals Acts’ and other legislation (refer to Table A2.1). New South Wales is the only jurisdiction that has legislation specifically for exhibited animals.
Each state or territory has a bureau or office that deals with animal welfare. In many cases designated officers of the Royal Society for the Prevention of Cruelty to Animals (RSPCA) also have authority under state or territory legislation to prosecute offenders for cruelty offences.
Animal welfare concerns arising in particular industries are often addressed in codes of practice or standards developed jointly by government and the industry. All jurisdictions except TAS, NT and ACT have existing codes or standards relating to the welfare of exhibited animals. The proposed national standards are collectively more comprehensive than those of any individual jurisdiction; but otherwise there are no significant conflicts or inconsistencies between the proposed national standards and existing state or territory standards.
All jurisdictions can make compliance with animal welfare standards mandatory. They can either make regulations to require compliance with specified standards or they can incorporate the requirements of standards into the regulations themselves.
Each State and Territory government except WA has an Animal Welfare Advisory Committee (AWAC) that provides advice on animal welfare issues and on associated legislation and codes of practice.105
A1.2 Federal and national government
The Federal Government has limited direct responsibility for animal welfare, mainly limited to export processing establishments, the live animal export trade and quarantine.
The main method of dealing with animal welfare issues at the national level to date has been through the development of national model codes of practice in consultation with industry and other stakeholders, for endorsement by the former Primary Industries Ministerial Council, and then the former Standing Council on Primary Industries (SCoPI). The model codes have been used as a guide by the various state and territory governments in the development of their own legislation and codes of practice. These model codes of practice are progressively being converted into national mandatory standards. As these model codes or standards are developed primarily for government purposes, they are separate to the various voluntary codes of practice and quality assurance programs that may be developed from time to time by industry associations.
The model codes of practice developed to date have focused on livestock species primarily and no national model code of practice has been developed specifically for exhibited animals.
Table A1.1: Summary of relevant state and territory legislation
State or Territory
|
Act
|
Existing regulations
|
Existing standards (red=standards, blue=mixture of standards and guidelines)
|
ACT
|
Animal Welfare Act 1992 .
|
Animal Welfare Regulation 2001
|
Nil
|
NSW
|
Exhibited Animals Protection Act 1986
|
Exhibited Animals Protection Regulation 2010
|
General Standards for Exhibiting Animals in New South Wales (as amended 15 March 2004).
Policy on Exhibiting Primates in New South Wales (published in March 2000)
Standards for Exhibiting Animals during Temporary Removals in New South Wales (published in October 2008)
Standards for Exhibiting Australian Mammals in New South Wales (published in April 2006)
Standards for Exhibiting Bottle-nosed Dolphins (Tursiops truncatus) in New South Wales (published in April 1994)
Standards for Exhibiting Captive Raptors in New South Wales (published in May 2010)
Standards for Exhibiting Carnivores in New South Wales (published in May 2005)
Standards for Exhibiting Seals in New South Wales (published in October 2008)
|
Non-Indigenous Animals Act 1987
Prevention of Cruelty to Animals Act 1979
Zoological Parks Board Act 1973
|
Non-Indigenous Animals Regulation 2012
Prevention of Cruelty to Animals Regulation, 2006
Zoological Parks Regulation 2009
|
NT
|
Animal Welfare Act
|
Animal Welfare Regulations106
|
Nil
|
QLD
|
Animal Care and Protection Act 2001
Nature Conservation Act 1992
Land (Pest and Stock Route Management) Act 2002.
|
Animal Care and Protection Regulation 2002
Nature Conservation (Wildlife) Regulation 2006
Nature Conservation (Wildlife Management) Regulation 2006
Nature Conservation (Administration) Regulation 2006
Land Protection (Pest and Stock Route Management) Regulation 2003.
|
Code of Practice for Minimum Standards for Exhibiting Wildlife in Qld (8 March 2010)
|
SA
|
Animal Welfare Act 1985
|
Animal Welfare Regulations 2000
|
Policy for the Import, Movement and Keeping of Exotic Vertebrates in South Australia (28 September 2005)
|
TAS
|
Animal Welfare Act 1993
|
Animal Welfare Regulations 2008
|
Nil
|
VIC
|
Prevention of Cruelty to Animals Act 1986
Zoological Parks and Gardens Act 1995
Wildlife Act 1975
|
Prevention of Cruelty to Animals Regulations 1997
Zoological Parks and Gardens Regulations 2003
Wildlife Regulations 2002.
|
Code of Practice for the Public Display of Exhibition of Animals (October 2001)
|
WA
|
Animal Welfare Act 2002
|
Animal Welfare (General) Regulations 2003
|
Code Of Practice For Exhibited Animals In Western Australia (March 2003)
|
Table A1.2 Proposed exhibited animals welfare standards 2013 – General standards
Comparison with existing standards in each jurisdiction
Proposed national standard No.
|
NSW
|
QLD
|
VIC
|
SA
|
WA
|
TAS
|
NT
|
ACT
|
1 RESPONSIBILITIES
|
|
|
|
|
|
|
|
|
General
|
|
|
|
|
|
|
|
|
S1.1
|
|
vet only
|
|
|
|
|
|
|
S1.2
|
|
|
|
|
|
|
|
|
S1.3
|
|
zoos only
|
|
exotics only
|
|
|
|
|
S1.4
|
|
|
|
exotics only
|
|
|
|
|
S1.5
|
|
|
|
exotics only
|
|
|
|
|
S1.6
|
107
|
|
|
exotics only
|
|
|
|
|
S1.7
|
|
|
|
|
|
|
|
|
S1.8
|
|
|
|
|
|
|
|
|
2. SECURITY
|
|
|
|
|
|
|
|
|
General
|
|
|
|
|
|
|
|
|
S2.1
|
|
in part
|
in part
|
|
|
|
|
|
S2.2
|
|
zoos only
|
zoos only
|
exotics only
|
|
|
|
|
S2.3
|
|
|
part only
|
|
|
|
|
|
S2.4
|
|
|
|
|
|
|
|
|
S2.5
|
|
|
|
|
|
|
|
|
S2.6
|
|
|
|
|
|
|
|
|
S2.7
|
|
|
|
exotics only
|
|
|
|
|
S2.8
|
|
zoos only
|
|
|
|
|
|
|
S2.9
|
|
|
|
|
|
|
|
|
S2.10
|
|
|
|
|
|
|
|
|
S2.11
|
|
|
|
|
|
|
|
|
Emergency Procedures
|
|
|
|
|
|
|
|
|
S2.12
|
|
zoos only
|
|
|
|
|
|
|
S2.13
|
|
|
|
|
|
|
|
|
S2.14
|
|
|
|
|
|
|
|
|
3 ENCLOSURES
|
|
|
|
|
|
|
|
|
General
|
|
|
|
|
|
|
|
|
S3.1
|
|
part only
|
part only
|
|
|
|
|
|
S3.2
|
|
part only
|
part only
|
|
|
|
|
|
S3.3
|
|
part only
|
part only
|
|
|
|
|
|
S3.4
|
|
|
|
|
|
|
|
|
S3.5
|
|
|
|
|
|
|
|
|
S3.6
|
|
|
|
|
|
|
|
|
S3.7
|
|
|
|
|
|
|
|
|
S3.8
|
|
|
|
|
|
|
|
|
S3.9
|
|
|
|
|
|
|
|
|
Gates and Doors
|
|
|
|
|
|
|
|
|
S3.10
|
|
|
|
|
|
|
|
|
S3.11
|
|
|
|
|
|
|
|
|
Drive-Through Enclosures
|
|
|
|
|
|
|
|
|
S3.12
|
|
|
|
|
|
|
|
|
S3.13
|
|
|
|
|
|
|
|
|
S3.14
|
|
|
|
|
|
|
|
|
S3.15
|
|
|
|
|
|
|
|
|
S3.16
|
|
|
|
|
|
|
|
|
S3.17
|
|
|
|
|
|
|
|
|
S3.18
|
|
|
|
|
|
|
|
|
S3.19
|
|
|
|
|
part only
|
|
|
|
Substrate and Drainage
|
|
|
|
|
|
|
|
|
S3.20
|
|
part only
|
|
|
|
|
|
|
S3.21
|
|
|
|
|
|
|
|
|
Enclosure Furniture
|
|
|
|
|
|
|
|
|
S3.22
|
|
|
|
|
|
|
|
|
S3.23
|
|
|
|
|
|
|
|
|
S3.24
|
|
|
|
|
|
|
|
|
S3.25
|
|
|
|
|
|
|
|
|
S3.26
|
|
|
|
|
|
|
|
|
Spatial Requirements
|
|
|
|
|
|
|
|
|
S3.27
|
|
|
|
|
|
|
|
|
Holding Enclosures
|
|
|
|
|
|
|
|
|
S3.28
|
|
part only
|
|
|
|
|
|
|
S3.29
|
|
|
|
|
|
|
|
|
S3.30
|
|
|
|
|
|
|
|
|
S3.31
|
|
|
|
|
|
|
|
|
S3.32
|
|
|
|
|
|
|
|
|
4 DIETARY AND WATER REQUIREMENTS
|
|
|
|
|
|
|
|
|
Food
|
|
|
|
|
|
|
|
|
S4.1
|
|
part only
|
|
|
|
|
|
|
S4.2
|
|
|
|
|
|
|
|
|
S4.3
|
|
|
|
|
|
|
|
|
S4.4
|
|
part only
|
|
|
|
|
|
|
Water
|
|
|
|
|
|
|
|
|
S4.5
|
|
part only
|
|
|
|
|
|
|
S4.6
|
|
|
|
|
|
|
|
|
5 HEALTH AND WELLBEING
|
|
|
|
|
|
|
|
|
General
|
|
|
|
|
|
|
|
|
S5.1
|
|
|
|
|
|
|
|
|
S5.2
|
|
|
|
|
|
|
|
|
S5.3
|
|
|
|
|
|
|
|
|
S5.4
|
|
in part
|
|
|
|
|
|
|
S5.5
|
|
|
|
|
|
|
|
|
S5.6
|
|
|
|
|
|
|
|
|
S5.7
|
|
|
|
|
|
|
|
|
S5.8
|
|
|
|
|
|
|
|
|
S5.9
|
|
|
|
|
|
|
|
|
Enrichment
|
|
|
|
|
|
|
|
|
S5.10
|
|
|
|
|
|
|
|
|
S5.11
|
|
|
|
|
|
|
|
|
S5.12
|
|
|
|
|
|
|
|
|
Quarantine
|
|
|
|
|
|
|
|
|
S5.13
|
|
|
|
|
|
|
|
|
6 REPRODUCTIVE MANAGEMENT
|
|
|
|
|
|
|
|
|
S6.1
|
|
zoos only
|
|
exotics only
|
|
|
|
|
S6.2
|
|
zoos only
|
|
|
|
|
|
|
S6.3
|
|
zoos only
|
|
|
|
|
|
|
S6.4
|
|
zoos only
|
|
|
|
|
|
|
S6.5
|
|
zoos only
|
|
|
|
|
|
|
S6.6
|
|
zoos only
|
|
|
|
|
|
|
7 EUTHANASIA
|
|
|
|
|
|
|
|
|
S7.1
|
|
|
|
|
|
|
|
|
S7.2
|
|
|
|
|
|
|
|
|
S7.3
|
|
|
|
|
|
|
|
|
S7.4
|
|
|
|
|
|
|
|
|
8 CAPTURE AND RESTRAINT
|
|
|
|
|
|
|
|
|
S8.1
|
|
|
|
exotics only
|
|
|
|
|
S8.2
|
|
|
|
|
|
|
|
|
S8.3
|
|
|
|
|
|
|
|
|
S8.4
|
|
|
|
|
|
|
|
|
S8.5
|
|
|
|
|
|
|
|
|
9 TRAINING
|
|
|
|
|
|
|
|
|
S9.1
|
|
|
|
|
|
|
|
|
S9.2
|
|
|
|
|
|
|
|
|
S9.3
|
|
|
|
|
|
|
|
|
S9.4
|
|
|
|
|
|
|
|
|
S9.5
|
|
|
|
|
|
|
|
|
10 INTERACTIVE PROGRAMS
|
|
|
|
|
|
|
|
|
S10.1
|
|
in part
|
wildlife parks only
|
exotics only
|
|
|
|
|
S10.2
|
|
|
|
|
|
|
|
|
S10.3
|
|
|
|
|
|
|
|
|
S10.4
|
|
|
|
|
|
|
|
|
S10.5
|
|
|
|
|
|
|
|
|
S10.6
|
|
|
|
|
|
|
|
|
S10.7
|
|
in part
|
|
|
|
|
|
|
S10.8
|
|
|
wildlife parks only
|
|
|
|
|
|
S10.9
|
|
|
|
|
|
|
|
|
S10.10
|
|
|
|
|
|
|
|
|
S10.11
|
|
|
|
|
|
|
|
|
S10.12
|
|
|
|
|
|
|
|
|
11 TRANSPORTATION
|
|
|
|
|
|
|
|
|
S11.1
|
|
|
|
|
|
|
|
|
S11.2
|
|
in part
|
|
|
|
|
|
|
S11.3
|
|
in part
|
|
|
|
|
|
|
S11.4
|
|
in part
|
|
exotics only
|
|
|
|
|
S11.5
|
|
|
|
|
|
|
|
|
S11.6
|
|
in part
|
|
exotics only
|
|
|
|
|
S11.7
|
|
|
|
|
|
|
|
|
S11.8
|
|
|
|
|
|
|
|
|
S11.9
|
|
in part
|
|
|
|
|
|
|
S11.10
|
|
|
|
|
|
|
|
|
12 ANIMAL IDENTIFICATION AND RECORDS
|
|
|
|
|
|
|
|
|
Animal Identification
|
|
|
|
|
|
|
|
|
S12.1
|
in part
|
zoos only
|
|
|
|
|
|
|
S12.2
|
|
|
|
|
|
|
|
|
Records
|
|
|
|
|
|
|
|
|
S12.3
|
|
|
|
|
|
|
|
|
S12.4
|
|
|
|
|
|
|
|
|
S12.5
|
|
|
|
exotics only
|
in part
|
|
|
|
S12.6
|
|
|
|
|
|
|
|
|
S12.7
|
|
|
|
|
|
|
|
|
S12.8
|
|
|
|
|
|
|
|
|
S12.9
|
|
|
|
|
|
|
|
|
|