The south australian government gazette published by authority
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PRELIMINARY 58 Citation 58 Commencement 58 Revocation 58 Interpretation 58 Fees 58 PART 2 59 CRUELTY TO ANIMALS 59 Ill treatment of animals 59 Use of electroimmobilisers for controlling animals 59 Use of certain other electrical devices for controlling animals 61 Prohibited medical or surgical procedures 61 PART 3 63 REGULATION OF ACTIVITIES 63 Codes of practice 63 Use of steel jaw traps prohibited in certain circumstances 63 Use of gel to catch or deter birds prohibited 63 Size of cages for domestic fowls 63 PART 4 66 TEACHING AND RESEARCH INVOLVING ANIMALS 66 Certain research prohibited except for limited purposes 66 Application for licence under Part 4 of the Act 66 Annual reports of animal ethics committee 66 PART 5 68 MISCELLANEOUS 68 Permits to hold rodeos 68 Act does not render unlawful practices that are in accordance with prescribed codes of practice 68 SCHEDULE 1 69 Fees 69
SCHEDULE 2 70 Codes of Practice 70 Citation 76 Commencement 76 Variation of reg. 4—Exemptions 76 Citation 83 Commencement 83 Variation of reg. 4—Short fixed term tenancies 83 Variation of reg. 12—Notice of termination—landlords 83 Variation of reg. 13—Notice of termination—tenants 85 Variation of reg. 14—Abandoned goods 85 Variation of reg. 17—Application to Tribunal 85 Substitution of Schedules 1 to 8 85 SCHEDULE 85 Forms 85
PART 1 PRELIMINARY Citation 000000001. These regulations may be cited as the Prevention of Cruelty to Animals Regulations 2000. Commencement 2. These regulations come into operation on the day on which they are made. Revocation 3. All regulations previously made under the Prevention of Cruelty to Animals Act 1985 are revoked. Interpretation 4. In these regulations— "Act" means the Prevention of Cruelty to Animals Act 1985; "animal ethics committee" means an animal ethics committee established under section 23 of the Act. Fees 5. The fees fixed by Schedule 1 are payable for the purposes set out in that Schedule. PART 2 CRUELTY TO ANIMALS Ill treatment of animals 6. For the purposes of section 13 of the Act, a person ill treats an animal if the person— (a) traps an animal in a steel jaw trap that has been set in contravention of regulation ; or (b) catches a bird by using a gel that has been applied in contravention of regulation . Use of electroimmobilisers for controlling animals 7.00 (1) For the purposes of section 14 of the Act, a person must not apply an electroimmobiliser to an animal unless— (a) the animal is a class 1, class 2, class 3 or class 4 animal; and (b) the electroimmobiliser is a device of a kind approved by the Minister as an authorised electroimmobiliser under this regulation; and (c) the electroimmobiliser is used only for the purpose of restraining the animal for as short a time as is practicable while a routine husbandry procedure is carried out on the animal; and (d) — (i) the person using the electroimmobiliser is the holder of a certificate issued under this regulation for the relevant class of animal or is acting under the direct supervision of a person who holds such a certificate; or (ii) the electroimmobiliser was acquired before 11 July 1996 by the person using it or by the person under whose direct supervision it is being used. (2)00 Subregulation (1) does not apply to a person who is using an electroimmobiliser for the purposes of carrying out research into the use of electroimmobilisers as part of a research program approved by an animal ethics committee, if that person is the holder of a certificate issued under this regulation (for any class of animal) or is acting under the direct supervision of a person who holds such a certificate. (3) If a person sells, leases, hires out, gives or lends an electroimmobiliser to another person without that other person first producing an apparently genuine certificate issued in his or her name under this regulation, each party to the transaction is guilty of an offence. Maximum penalty: $1 250. (4) For the purposes of this regulation— (a) the Minister may, on the recommendation of the Animal Welfare Advisory Committee, approve a device of a specified kind as an authorised electroimmobiliser; (b) a person approved by the Minister to conduct an approved course of training in the proper use of an electroimmobiliser may issue a certificate (in a form approved by the Minister) to a person certifying that the person has satisfactorily completed such a course in respect of a specified class of animals (being class 1, 2, 3 or 4 animals). (5)0 An approval under subregulation (4)— (a) may be subject to conditions; and (b) may be varied or revoked by the Minister at any time (but in the case of an approval of a device only on the recommendation of the Animal Welfare Advisory Committee). (6)0 In this regulation— "class 1 animal" means an animal of the genus Bos (cattle, buffalo and bison); "class 2 animal" means an animal of the genus Lama (alpacas and llamas), Cervus, Dama or Axis (deer) or Camelus (camels); "class 3 animal" means an animal of the genus Capra (goats) or Ovis (sheep); "class 4 animal" means a bird of the genus Struthio (ostriches) or Dromaius (emus); "electroimmobiliser" means an electrical device designed to temporarily immobilise an animal. Use of certain other electrical devices for controlling animals 8.0 For the purposes of section 14 of the Act, a person must not— (a) place on an animal a collar designed to impart an electric shock; or (b) apply an electrical prod or goad to an animal other than an animal of the genus Sus, Bos or Bubalus; or (c) apply an electrical prod or goad to the face, udders or genitals of an animal of the genus Sus, Bos or Bubalus. Prohibited medical or surgical procedures 9.00 (1) For the purposes of section 15 of the Act, a person must not— (a) surgically reduce the ability of an animal to produce a vocal sound; or (b) dock the tail of a dog over the age of 10 days unless the dog has been properly anaesthetised; or (c) crop an animal's ear; or (d) dock or nick a horse's tail or dock the tail of an animal of the genus Bos or Bubalus unless a veterinary surgeon has certified in writing that the procedure is necessary for the control of disease. (2)0 However, a veterinary surgeon may— (a) surgically reduce the ability of an animal to produce a vocal sound if satisfied that— (i) the procedure is required for therapeutic purposes; or (ii) there is no other reasonably practicable means of preventing the animal from causing a nuisance by creating noise; or (b)0 crop an animal's ear if satisfied the procedure is required for therapeutic purposes. PART 3 REGULATION OF ACTIVITIES Codes of practice 10.00 A person described in an entry in Schedule 2 must, in carrying out an activity described in that entry, ensure compliance with the code of practice specified in the entry. Maximum penalty: $1 250. Use of steel jaw traps prohibited in certain circumstances 11. (1) A person must not set a small steel jaw trap (eg a trap known as a rabbit trap or a gin trap) for an animal. Maximum penalty: $1 250. (2) A person must not set a steel jaw trap of any other kind for an animal— (a) within the area of a municipal council; or (b) on land that is more than 100 metres outside the portion of the State bounded by the dog fence established under the Dog Fence Act 1946, the eastern border of the State and the coast of the State; or (c) without binding the jaws of the trap with a cloth steeped in sufficient strychnine to ensure a rapid death for any animal likely to be caught in the trap. Maximum penalty: $1 250. (3)0 This regulation does not apply to a person who sets a steel jaw trap for the purposes of carrying out research as part of a research program approved by an animal ethics committee if the jaws of the trap are sufficiently padded, or the trap has been otherwise modified, so that any animal caught in the trap is unlikely to suffer significant injury. Use of gel to catch or deter birds prohibited 12.0 A person must not apply a silicon gel to any tree, plant, building or other structure or thing for the purpose of catching birds or deterring birds from perching on it. Maximum penalty: $1 250. Size of cages for domestic fowls 13. (1) A person who keeps domestic fowls (Gallus) aged 21 weeks or older must not confine the fowls in a cage unless— (a) in the case of a cage in which only 1 fowl is confined—the floor area of the cage is at least 0.1 square metres; (b) in the case of a cage in which 2 fowls are confined—the floor area of the cage is at least 0.13 square metres; (c) in the case of a cage in which more than 2 fowls are confined— (i) if the average weight of the fowls confined in the cage is 2.4 kilograms or less—the floor area of the cage is at least 0.045 square metres per fowl; (ii) if the average weight of the fowls confined in the cage is more than 2.4 kilograms—the floor area of the cage is at least 0.06 square metres per fowl. Maximum penalty: $1 250. (2)00 For the purposes of subregulation (1), floor area occupied by a V-trough or egg baffle may be counted as part of the floor area of a cage, but only to the extent that the area so occupied does not exceed 100 millimetres multiplied by the length of the cage (in millimetres). Example— If the floor of a cage measures 600mm by 500mm and the V-trough or egg baffle is 150mm wide, for the purposes of subregulation (2), the floor area of the cage is 0.27 square metres (ie 600mm multiplied by 450mm). PART 4 TEACHING AND RESEARCH INVOLVING ANIMALS Certain research prohibited except for limited purposes 14.0 (1) A person must not— (a) apply any substance to the conjunctival sac of a rabbit for the purpose of assessing the relative irritancy of the substance; or (b) expose an animal to any substance for the purpose of assessing the toxicity of the substance against a predetermined level of mortality, unless— (c) the assessment relates to research that has the potential to benefit human or animal health; and (d) the objectives of the assessment cannot practicably be achieved by means that will cause less pain to animals. Maximum penalty: $1 250. (2)0 In proceedings for an offence against subregulation (1), the onus of proving the matters specified in paragraphs (c) and (d) lies on the defendant. Application for licence under Part 4 of the Act 15.0 For the purposes of section 17 of the Act, an application for a licence under Part 4 of the Act must contain details of— (a) the premises proposed to be used for the purposes authorised by the licence; (b) the facilities available or proposed to be available at those premises for the care and handling of animals that may be used pursuant to the licence; (c) the arrangements proposed for the provision of veterinary care of animals that may be used pursuant to the licence. Annual reports of animal ethics committee 16.00 (1) For the purposes of section 25 of the Act, an animal ethics committee must, within 3 months after the end of each calendar year, submit to the Minister a report on its operations during that calendar year. (2) The report— (a) must include details of— (i) the number of meetings held by the committee during the calendar year; and (ii) in respect of each such meeting— (A) the name of each member who attended the meeting; and (B) a summary of the business discussed at the meeting; and (b)00 may include any other information considered relevant by the committee. PART 5 MISCELLANEOUS Permits to hold rodeos 17.00 An application under section 34 of the Act for a permit to conduct a rodeo must be made at least 28 days before the day on which it is proposed to conduct the rodeo. Act does not render unlawful practices that are in accordance with prescribed codes of practice 18. For the purposes of section 43 of the Act, each of the codes of practice listed in Schedule 2 is a prescribed code of practice. SCHEDULE 1 Fees 1. Application for licence or renewal of licence under Part 4 of the Act (Teaching and research involving animals) $30 2. Application for a permit under section 34 of the Act (Permits to hold rodeos) $30 SCHEDULE 2 Codes of Practice
MEH 75/98 CS R. DENNIS Clerk of the Council REGULATIONS UNDER THE PLUMBERS, GAS FITTERS AND ELECTRICIANS ACT 1995 ────
No. 2 of 2000 ────
At the Executive Council Office at Adelaide 13 January 2000 PURSUANT to the Plumbers, Gas Fitters and Electricians Act 1995 and with the advice and consent of the Executive Council, I make the following regulations. E. J. NEAL Governor PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary or appropriate that the following regulations come into operation as set out below. K. T. GRIFFIN Minister for Consumer Affairs ─────────────────── SUMMARY OF PROVISIONS PART 1 58 PRELIMINARY 58 Citation 58 Commencement 58 Revocation 58 Interpretation 58 Fees 58 PART 2 59 CRUELTY TO ANIMALS 59 Ill treatment of animals 59 Use of electroimmobilisers for controlling animals 59 Use of certain other electrical devices for controlling animals 61 Prohibited medical or surgical procedures 61 PART 3 63 REGULATION OF ACTIVITIES 63 Codes of practice 63 Use of steel jaw traps prohibited in certain circumstances 63 Use of gel to catch or deter birds prohibited 63 Size of cages for domestic fowls 63 PART 4 66 TEACHING AND RESEARCH INVOLVING ANIMALS 66 Certain research prohibited except for limited purposes 66 Application for licence under Part 4 of the Act 66 Annual reports of animal ethics committee 66 PART 5 68 MISCELLANEOUS 68 Permits to hold rodeos 68 Act does not render unlawful practices that are in accordance with prescribed codes of practice 68 SCHEDULE 1 69 Fees 69
SCHEDULE 2 70 Codes of Practice 70 Citation 76 Commencement 76 Variation of reg. 4—Exemptions 76 Citation 83 Commencement 83 Variation of reg. 4—Short fixed term tenancies 83 Variation of reg. 12—Notice of termination—landlords 83 Variation of reg. 13—Notice of termination—tenants 85 Variation of reg. 14—Abandoned goods 85 Variation of reg. 17—Application to Tribunal 85 Substitution of Schedules 1 to 8 85 SCHEDULE 85 Forms 85
─────────────────── Citation 000000001. The Plumbers, Gas Fitters and Electricians Regulations 1995 (see Gazette 29 June 1995 p. 3085), as varied, are referred to in these regulations as "the principal regulations". Commencement 2. (1) Subject to subregulation (2), these regulations come into operation on the day on which they are made. (2) Paragraphs (a) and (d) of regulation 3 will come into operation on 1 July 2000. Variation of reg. 4—Exemptions 3.0 Regulation 4 of the principal regulations is varied— (a) by striking out subregulation (4); (b) by striking out subregulation (5) and substituting the following subregulation: (5) A person carrying out electrical work relating to electricity infrastructure owned or operated by an electricity entity that is required to have a safety and technical management plan by condition of licence, or by the regulations, under the Electricity Act 1996 is exempt from the requirement to be registered under the Act as an electrical worker.; (c) by inserting after subregulation (5a) the following subregulation: (5b) A licensed contractor is exempt from the application of section 12 of the Act in relation to work performed in the course of the contractor's business by a person exempted from the requirement to be registered under the Act in relation to that work.; (d) by striking out the definition of "designated electricity entity" from subregulation (7); (e) by inserting after the definition of "drainage area" in subregulation (7) the following definitions: "electricity entity" means— (a) the holder of a licence under the Electricity Act 1996 authorising the generation of electricity or the operation of a transmission or distribution network; (b) a person exempted from the requirement to hold such a licence; "electricity infrastructure" has the same meaning as in the Electricity Act 1996;. OCBA 13/99 CS R. DENNIS Clerk of the Council REGULATIONS UNDER THE RESIDENTIAL TENANCIES ACT 1995 ────
No. 3 of 2000 ────
At the Executive Council Office at Adelaide 13 January 2000 PURSUANT to the Residential Tenancies Act 1995 and with the advice and consent of the Executive Council, I make the following regulations. E. J. NEAL Governor PURSUANT to section 10AA(2) of the Subordinate Legislation Act 1978, I certify that, in my opinion, it is necessary or appropriate that the following regulations come into operation as set out below. K. T. GRIFFIN Minister for Consumer Affairs ─────────────────── SUMMARY OF PROVISIONS |