Peter g. Underwood




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Animal Welfare (Land Transport of Livestock) Regulations 2013

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Welfare Act 1993.

27 May 2013

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title

These regulations may be cited as the Animal Welfare (Land Transport of Livestock) Regulations 2013.

2. Commencement

These regulations take effect on 15 June 2013.

3. Interpretation

(1) In these regulations –

alpaca means an animal of the species vicugna pacos;

bobby calf means a calf that –



(a) is not more than 30 days old; and

(b) is not accompanied by its mother;



buffalo means an animal of the species bubalus bubalis;

calf means an animal of the genus Bos that has not attained the age of six months;

camel means an animal of the species camelus dromedarius;

cattle means animals of the genus Bos, other than bobby calves;

class of livestock means a group of livestock of the same species that share a common characteristic, such as age, size or sex or some other physiological characteristic, such as pregnancy;

cold stress means a reaction, or response, by an animal to cold conditions that causes the animal physiological or psychological distress or injury;

container includes a crate, box and cage;

competent person – see regulation 6;

deer includes an animal of the species cervus timorensis, dama dama, cervus elapus and cervus candensis, and any cross between those species;

direct supervision – see subregulation (5);

emu means an animal of the species dromaius novaehollandiae;

foal means an unweaned horse that has not attained the age of 6 months;

goat means an animal of the genus capra, including the species capra aegagrus hircus;

heat stress means a reaction, or response, by an animal to hot conditions that causes the animal physiological or psychological distress or injury;

horse means an animal of the species equus ferus caballus or equus africanus asinus, or a hybrid of either of those species;

humane destruction – see regulation 23(5);

journey includes the loading and unloading of livestock onto or from a vehicle for the purposes of transportation;

journey time – see subregulation (2);

livestock means alpacas, buffalo, camels, cattle, deer, emus, goats, horses, ostriches, pigs, poultry and sheep;

livestock-handling facility means a yard, enclosure, ramp, paddock or other facility used to hold livestock before or after transportation;

loading density, in relation to the transportation of livestock, means the amount of space per animal in –



(a) a container, pen or other enclosure holding the animal; or

(b) the area of the vehicle, in which the animal is being transported, holding the animal;



maximum time off water means the total number of continuous hours in respect of which each species of livestock, and each class of animal within that species, may go without reasonable access to water, as specified in Part 3;

minimum spell duration means the minimum period of time for which a spell is required to be given for each species of livestock and each class of animal within that species, as specified in Part 3;

ostrich means an animal of the species struthio camelus;

pig means an animal of the genus Sus, including the species sus scrofa domestica;

poultry means any of the following types of animals that are reared or kept in captivity for breeding, or for the production of meat or eggs for consumption, or for restocking supplies of game park enterprises:



(a) domestic fowls;

(b) turkeys;

(c) geese;

(d) ducks;

(e) guineafowls;

(f) quails;

(g) pigeons;

(h) pheasants;

(i) partridges;

reasonable access to water – see subregulation (3);

sheep means an animal of the genus Ovis, including the species ovis aries;

spell means a period of time in which livestock are –



(a) removed from the vehicle in which they are being transported; and

(b) if the livestock are being transported in containers, removed from the container in which they are being transported; and

(c) provided with reasonable access to feed and water; and

(d) provided with space to lie down; and

(e) subjected to minimal or no handling;

time off water means a period of time in which livestock are not provided with reasonable access to water;

transporting, in relation to livestock – see subregulation (4);

vehicle includes the following forms of road transportation:



(a) a rigid body truck;

(b) a prime mover;

(c) a trailer;

(d) an ancillary trailer;

(e) a locomotive;

(f) a wagon;

(g) any other form of road transport.

(2) For the purposes of these regulations, the journey time in respect of transporting livestock –

(a) in the case of any livestock being transported into containers and loaded into vehicles, means the time commencing when the loading of the livestock into the containers for transport commences and ending when all of the livestock are unloaded from the containers at whichever of the following opportunities occurs first:

(i) a spell for a period that is not less than the minimum spell duration specified for livestock of that particular class in Part 3;

(ii) at their final destination; and

(b) in any other case, means the time commencing when the loading of the livestock onto the vehicle for transport commences and ending when all of the livestock are unloaded from the vehicle at whichever of the following opportunities occurs first:

(i) a spell for a period that is equal to or more than the minimum spell duration specified for livestock of that particular class in Part 3;

(ii) at their final destination.

(3) For the purposes of these regulations, livestock will be taken to have reasonable access to water if the livestock have reasonable opportunity to drink water of suitable quality and quantity sufficient to maintain their hydration.

(4) For the purposes of these regulations, transporting livestock includes –

(a) within the 24-hour period before the livestock are transported –

(i) any assembling or holding of livestock immediately before loading; and

(ii) any determination as to whether livestock are fit for transportation; and

(b) loading livestock into containers prior to being loaded onto a vehicle; and

(c) loading livestock, or a container of livestock, onto a vehicle; and

(d) detaining livestock, or a container of livestock, on a vehicle while the vehicle is stationary; and

(e) transporting livestock, or a container of livestock, on a vehicle; and

(f) unloading livestock, or a container of livestock, from a vehicle or container during, or on the completion of, a journey; and

(g) assembling or holding livestock in a livestock-handling facility in transit during a journey or on the completion of a journey.

(5) For the purposes of these regulations, a person (the supervised person) is under the direct supervision of another person (the supervisor) if the supervisor –

(a) is at the same location as the supervised person while the activity that is to be supervised is taking place; and

(b) provides instructions and guidance to the supervised person in relation to the activity being supervised, if necessary; and

(c) oversees and evaluates the performance of the activity by the supervised person; and

(d) is able to immediately render assistance to the supervised person, if required, at any time during which the activity is being undertaken.

(6) For the purpose of these regulations, a reference to lactating livestock is taken to include a reference to the dependent young of the lactating livestock.

4. Application of regulations

These regulations apply to livestock –

(a) transported on a vehicle by road within this State; or

(b) transported within this State or from another State on a sea-going vessel if the livestock are –



(i) contained in a vehicle loaded onto the vessel; or

(ii) contained in a container that is unloaded from a vehicle onto the vessel and reloaded onto a vehicle on the completion of the voyage.

5. Calculation of length of spell and time off water

(1) For the purposes of calculating the length of a spell, the spell will be –



(a) taken to commence once all the livestock have been unloaded from the vehicle or the container in which they are being transported; and

(b) taken to end as soon as the livestock commence being reloaded onto the vehicle or into the container.

(2) For the purposes of calculating the maximum period of time livestock of a particular species or class of a particular species may have off water, the period off water will be –

(a) taken to commence from the time the livestock last had reasonable access to water prior to commencing a journey; and

(b) taken to end at whichever of the following opportunities occurs first:



(i) when the livestock are given a spell for at least the minimum period specified in Part 3 for a spell in respect of livestock of that particular species or class of species;

(ii) when the livestock are given reasonable access to water at their final destination;

(iii) when the livestock are slaughtered.

6. Competent person

(1) A person who transports livestock must be –

(a) a competent person; or

(b) acting under the direct supervision of a competent person.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2) A person is a competent person in respect of a species of livestock if he or she can provide evidence, to the satisfaction of the Minister, that he or she has the knowledge, skills, attitude and behaviour to transport animals of that species in accordance with these regulations.

(3) In determining whether a person is a competent person in respect of a species of livestock, the Minister may take into account any practical training and experience the person may have in the following areas in respect of that species of livestock:



(a) livestock handling;

(b) inspecting livestock;

(c) assessing the health of livestock and their suitability for transportation;

(d) maintaining records;

(e) planning;

(f) contingency procedures;

(g) humane destruction of livestock.

7. Infringement notices

For the purposes of the Act, the applicable penalty for an infringement notice issued in respect of an offence specified in column 2 of the table in Schedule 1 is –

(a) in the case of an infringement notice issued to an individual, the penalty specified in column 3 of that table for the offence; and

(b) in the case of an infringement notice issued to a body corporate, the penalty specified in column 4 of that table for the offence.

PART 2 - General Requirements

8. Livestock must be fit for transport

(1) Without limiting the generality of subregulation (2), a livestock animal is unfit to undertake a journey if –

(a) the animal –

(i) in the case of a horse, has obvious lameness resulting in –

(A) marked nodding, hitching or shortened stride; or

(B) minimal weight bearing in motion or at rest; or

(C) an inability to move; or

(ii) in any other case, is unable to bear weight on all legs while walking independently; or

(b) the animal is severely emaciated; or

(c) the animal shows visible signs of dehydration, severe injury or distress; or

(d) the animal is suffering from a condition that is likely to result in an increase in pain or distress by reason of undertaking the journey; or

(e) the animal is blind in both eyes; or

(f) the estimated journey time, or time off water, is likely to exceed 4 hours and the animal is known to be, or visually assessed to be, within 2 weeks of parturition.

(2) A person must not –



(a) supply, for transport, a livestock animal that is unfit to undertake the proposed journey; or

(b) load a livestock animal that is unfit to undertake a proposed journey –



(i) into a container for transport; or

(ii) onto a vehicle for transport; or

(c) transport a livestock animal that is unfit to undertake a proposed journey –

unless the animal is to be transported in accordance with the advice of a veterinary surgeon.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) If a livestock animal has been assessed as unfit to undertake a proposed journey, the owner of the animal must, as soon as reasonably practicable, make arrangements for its care, treatment or humane destruction.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

9. Preparation for transportation

A person who has care or charge of livestock that are to be transported must ensure that the livestock are –



(a) safely mustered and assembled in preparation for transportation in a manner that is appropriate for the livestock; and

(b) handled in a manner that is safe and appropriate for the livestock; and

(c) ensure that the livestock have access to food and water, if appropriate –

(i) while the livestock are mustered and assembled in preparation for transportation; and

(ii) before the livestock are transported; and

(d) not held at mustering, or assembly, points for excessive periods before transportation.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

10. Driver's duties generally

(1) The driver of a vehicle transporting any livestock must –

(a) if the livestock are to be unloaded at a livestock-handling facility, inspect the livestock-handling facility before livestock are unloaded from the vehicle to ensure that –

(i) there is free access and sufficient space for the livestock to be unloaded; and

(ii) the facility appears to comply with regulation 14 in respect of the type of livestock being unloaded; and

(b) take reasonable steps to –

(i) notify the person taking care or charge of the livestock (at any stage of the journey) of any delay in the arrival of the livestock; and

(ii) if records are being kept as required under regulation 24, provide to the person taking care or charge of the livestock (at any stage of the journey) a copy of those records as they are at that stage of the journey.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(2) The driver of a vehicle transporting any livestock must carry out an inspection to assess the health and wellbeing of the livestock at any time the livestock are unloaded from the vehicle, whether during or on completion of the journey.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

11. Transporter's duties – animals not transported in containers

(1) Unless otherwise specified, this regulation applies to all livestock other than livestock being transported in containers.

(2) The driver of a vehicle being used to transport livestock must ensure that –

(a) the livestock are safely loaded onto the vehicle each time the livestock are to be loaded; and

(b) the livestock are safely unloaded from the vehicle each time the livestock are to be unloaded from the transportation.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) The driver of a vehicle transporting livestock must undertake an inspection of the livestock, to ensure the livestock are fit for transportation, after the livestock have been loaded onto the vehicle but before commencing transportation.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(4) The driver of a vehicle transporting livestock must, following the loading of the livestock, inspect the vehicle immediately before departure (whether at the commencement of, or at any point during, a journey) to ensure that the doors enclosing the livestock are secured and any containers used in the transportation of the livestock are secured.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(5) The driver of a vehicle transporting livestock must carry out an inspection to assess the health and wellbeing of the livestock –

(a) immediately before commencing the journey; and

(b) during the journey –



(i) at least once within the first hour of the journey; and

(ii) at least once every 3 hours of the journey thereafter; and

(c) before there is a change of driver of the vehicle.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(6) Subregulation (5)(b) does not apply to livestock being transported on a vehicle while the vehicle is on a sea-going vessel.

12. Consignor's duties – livestock transported in containers

(1) This regulation applies to livestock to be transported in containers.

(2) The person who loads livestock into a container for transport must carry out an inspection to assess the health and wellbeing of the livestock immediately before loading the livestock into the container.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

13. Impact of extreme weather conditions

A person who has care or charge of livestock being transported must take reasonable steps to minimise the risk of harm to the livestock from any predicted extreme weather conditions while the livestock are being transported.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

14. Livestock-handling facilities

A person who owns or operates a livestock-handling facility must ensure that the facility –



(a) is suitable for the type of livestock to be handled at the facility; and

(b) has effective and appropriate airflow for the type of livestock handled the facility; and

(c) has a surface of flooring that minimises the likelihood of injury to the livestock from slipping or falling; and

(d) is free from any defect that may cause injury to the livestock; and

(e) has sufficient vertical clearance immediately above the livestock to minimise the risk of injury to the livestock.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

15. Transport vehicles

(1) The driver of a vehicle being used to transport livestock must ensure that the vehicle –



(a) is suitable for the type of livestock being transported; and

(b) has effective and appropriate airflow for the type of livestock being transported; and

(c) has a surface of flooring that minimises the likelihood of injury to the livestock from slipping or falling; and

(d) is free from any defect that may cause injury to the livestock; and

(e) has sufficient vertical clearance immediately above the livestock to minimise the risk of injury to the livestock.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(2) The driver of a vehicle transporting livestock must ensure that the vehicle and any ramp used to load or unload the livestock are properly aligned and sufficiently close together so as to minimise the risk of injury to the livestock.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

16. Handling of livestock for transport generally

(1) A person handling livestock for transport must do so in a manner that is appropriate for the species and the class of livestock being handled so as to minimise the risk of harm to the livestock.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2) A person handling livestock for transport, other than poultry, emus or ostriches –

(a) must not –



(i) lift or carry the livestock by only the head, ears, horns, neck, tail, wool or hair; or

(ii) unless the livestock weighs less than 15 kilograms and is a sheep, goat or pig, lift or carry the livestock by one leg; or

(iii) unless it is necessary in the circumstances to allow safe handling, lifting, treatment or humane destruction of livestock, drag livestock that is unable to stand; and

(b) must ensure that livestock being lifted by mechanical means are well supported and secured.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

17. Handling poultry, or emus or ostriches, for transport

(1) Subject to subregulation (2), a person handling poultry for transport may only lift or carry the poultry by the head, neck, wing, wing feathers or tail feathers if the poultry is also supported under its breast.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2) Despite subregulation (1), a person may, when handling poultry for transportation –

(a) in the case of a turkey, lift and carry the bird by –



(i) the tail feathers and neck together; or

(ii) one leg and one wing together; or

(b) in the case of an adult goose, or a domestic fowl primarily kept for breeding purposes, lift and carry the bird by the base of both wings alone; or

(c) in the case of a duck, lift and carry the bird by –



(i) its neck alone; or

(ii) the base of both wings alone; or

(d) in any other case, lift and carry the bird by one leg.

(3) A person must not tie the legs of an emu or ostrich, or any poultry, together for the purposes of transporting the birds.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(4) A person must, when transporting livestock in containers, ensure that the containers –

(a) are loaded onto, or unloaded from, the vehicle carefully without being dropped or thrown; and

(b) are placed on the vehicle in an upright position without excessive tilting; and

(c) are attached securely to the vehicle; and

(d) are suitable for the species or class of livestock being transported.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

18. Use of dogs

(1) In this regulation –



effective control has the same meaning as in the Dog Control Act 2000;

specified type means cattle, deer, emus, pigs, ostriches and sheep.

(2) A person must not use a dog to assist in the control of movement of a livestock animal for transport unless –



(a) the animal is of a specified type; and

(b) the dog is under effective control at all times; and

(c) in the case of a dog that has a history of biting humans or animals, the dog is wearing a muzzle.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) The driver of a vehicle that is transporting a livestock animal of a specified type may only permit a dog to be transported in the same enclosure as the animal if the dog has bonded with, and been used as a guardian of, that animal.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

19. Use of electric prodders

(1) In this regulation –



electric prodder means a handheld device used to deliver an electric shock.

(2) A person must not use an electric prodder on a livestock animal of any of the following types while the animal is being transported:



(a) alpacas;

(b) emus;

(c) goats known to be pregnant;

(d) horses;

(e) ostriches.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) A person must not use an electric prodder on a livestock animal of any of the following types while the animal is being transported unless all reasonable actions to move the animal have failed:

(a) buffalo;

(b) camels;

(c) deer.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(4) A person must not use an electric prodder on a pig being transported unless –

(a) the pig weighs 60 kilograms or more (live weight); and

(b) the electric prodder is used to assist in the loading or unloading of the pig on or from the vehicle being used to transport the pig; and

(c) all reasonable actions to load or unload the pig without the use of the electric prodder have failed; and

(d) there is a foreseeable risk to the safety of the driver, another person, the pig or any other animal.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

20. Loading density of certain livestock during transport

(1) This regulation does not apply to livestock that are transported in containers.

(2) The driver of a vehicle transporting livestock must ensure, while the livestock are transported, that –

(a) the livestock are separated by sufficient internal partitions or other barriers during transport so as to minimise the risk of harm to the livestock during transportation; and

(b) the loading density of the livestock in the vehicle, including each pen, container or other partition of the vehicle, is such as to minimise the risk of harm to the livestock.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) For the purposes of subregulation (2), in determining –

(a) whether the separation of livestock is sufficient, the following matters are to be taken into account:



(i) the species, class and size of the livestock;

(ii) the general health of the livestock;

(iii) the level of aggression of the livestock;

(iv) the nature of the proposed journey; and

(b) whether the loading density of the livestock on a vehicle is appropriate, the following matters are to be taken into account:

(i) the species of livestock;

(ii) the class of livestock;

(iii) the size and body condition of the livestock;

(iv) the length and density of wool or hair of the livestock;

(v) the horn status of the livestock;

(vi) the weather conditions predicted for the proposed journey;

(vii) the nature of the proposed journey;

(viii) the design and capacity of the vehicle.

21. Loading density of livestock transported in containers

(1) A person loading livestock into a container for transport must ensure that the loading density of the livestock in the container is such as to minimise the risk of harm to the livestock.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2) For the purposes of subregulation (1), the following matters are to be taken into account in determining whether the loading density of livestock in a container is appropriate:

(a) the species and class of livestock;

(b) the size and body condition of the livestock;

(c) if the livestock are birds, the density of feathers of the birds;

(d) if the livestock are not birds, the length and density of wool or hair of the livestock;

(e) the weather conditions predicted for the proposed journey;

(f) the nature of the proposed journey;

(g) the design and capacity of the vehicle on which the containers are to be transported.

22. Transporting sick livestock

(1) If, during the course of a journey, the driver of a vehicle transporting livestock identifies a livestock animal that is weak, ill, injured or otherwise distressed, the driver must –

(a) as soon as reasonably practicable, provide or seek such assistance for the animal as reasonable in the circumstances; and

(b) on transferring care or charge of the animal to another person, whether during or on completion of the journey or otherwise, notify that person of the identity and condition of the animal.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

(2) The person who, on completion of a journey, has care or charge of an animal referred to in subregulation (1) must, as soon as reasonably practicable, make arrangements for –

(a) the separation of the animal for rest and recovery; or

(b) the appropriate treatment of the animal; or

(c) the humane destruction and disposal of the animal; or

(d) any other measure that is appropriate in the circumstances.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; and

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

23. Humane destruction of livestock

(1) A person must not destroy an animal under these regulations unless the destruction of the animal is carried out humanely by –



(a) a veterinary surgeon; or

(b) a competent person; or

(c) a person who is acting under the direct supervision of a person referred to in paragraph (a) or (b).

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2) A person who is required under these regulations to arrange for the humane destruction of an animal must destroy the animal without unreasonable delay.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) It is a defence in proceedings for an offence under subregulation (1) or (2) if the defendant establishes that –

(a) the animal was humanely destroyed; and

(b) it was not possible to find a vet or competent person within a reasonable time; and

(c) the delay waiting for a vet or competent person would have caused undue suffering to the animal being humanely destroyed.

(4) A person humanely destroying an animal must take all reasonable steps –



(a) to ensure that the animal is dead; or

(b) to ensure the death of the animal.

Penalty:

In the case of –



(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(5) For these regulations, an animal is humanely destroyed if –

(a) the means of death is appropriate for the species of animal being destroyed; and

(b) the animal is rendered suddenly unconscious; and

(c) the death of the animal occurs while the animal is unconscious.

24. Records

(1) If the driver of a vehicle transporting livestock estimates, on reasonable grounds, that the journey time for transporting the livestock is to be 24 hours or more, the driver must keep a record which is accessible at the road side of –

(a) the date and time when the livestock were loaded onto the vehicle for the journey; and

(b) the date and time when the livestock last had reasonable access to water prior to the commencement of the journey; and

(c) the date and time when any issue in respect of the livestock is observed by the driver; and

(d) the details of any concerns for the welfare of the livestock identified by the driver and the details of any action taken; and

(e) the contact details of at least one person whom the driver should contact in the event of an emergency with the livestock.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(2) A driver must give a copy of the records required to be made under subregulation (1) to any other person to whom the driver transfers care or charge of the livestock during, or on the completion of, the journey.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(3) A driver must keep the records required to be made under subregulation (1) for 7 days after the day on which the journey to which the record relates is completed.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(4) A person who receives a copy of records under subregulation (2) must keep that copy of the records for 30 days after receiving the copy.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(5) A person who is required to keep records, or a copy of records, under this regulation must ensure that his or her copy of the records is readily available for inspection at all reasonable times by an authorised officer.

Penalty:

In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; and

(b) an individual, a fine not exceeding 50 penalty units.

(6) For the purposes of this regulation, a record may be kept in electronic form.

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