South Australia
Prevention of Cruelty to Animals Regulations (No. 2) 2000
under the Prevention of Cruelty to Animals Act 1985

Contents
Part 1—Preliminary
1	Short title
4	Interpretation
5	Fees
Part 2—Cruelty to animals
6	Ill treatment of animals
7	Use of electroimmobilisers for controlling animals
8	Use of certain other electrical devices for controlling animals
9	Prohibited medical or surgical procedures
Part 3—Regulation of activities
10	Codes of practice
11	Use of steel jaw traps prohibited in certain circumstances
12	Use of gel to catch or deter birds prohibited
13	Size of cages for domestic fowls
13A	Possession of animals for purpose of fighting
13B	Possession of cock-fighting spurs and other implements used in animal fights
Part 4—Teaching and research involving animals
14	Certain research prohibited except for limited purposes
15	Application for licence under Part 4 of the Act
16	Annual reports of animal ethics committee
Part 5—Miscellaneous
17	Permits to hold rodeos
18	Act does not render unlawful practices that are in accordance with prescribed codes of practice
Schedule 1—Fees
Schedule 2—Codes of practice
Legislative history

Part 1—Preliminary
1—Short title
These regulations may be cited as the Prevention of Cruelty to Animals Regulations (No. 2) 2000.
4—Interpretation
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.
5—Fees
The fees fixed by Schedule 1 are payable for the purposes set out in that Schedule.

Part 2—Cruelty to animals
6—Ill treatment of animals
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 11; or
	(b)	catches a bird by using a gel that has been applied in contravention of regulation 12.
7—Use of electroimmobilisers for controlling animals
	(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)	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)	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)	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.
8—Use of certain other electrical devices for controlling animals
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.
9—Prohibited medical or surgical procedures
	(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; 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)	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
	(ab)	dock a dog's tail if satisfied the procedure is required for therapeutic purposes; or
	(b)	crop an animal's ear if satisfied the procedure is required for therapeutic purposes.

Part 3—Regulation of activities
10—Codes of practice
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.
11—Use of steel jaw traps prohibited in certain circumstances
	(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)	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.
12—Use of gel to catch or deter birds prohibited
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.
13—Size of cages for domestic fowls
	(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)	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).
13A—Possession of animals for purpose of fighting
A person who keeps or has custody of an animal wholly or partly for the purpose of using the animal at an event in which the animal will be encouraged to fight with another animal is guilty of an offence.
Maximum penalty: $1 250.
13B—Possession of cock-fighting spurs and other implements used in animal fights
	(1)	A person must not have in his or her possession or control—
	(a)	a cock-fighting spur; or
	(b)	any implement, article or other thing made or adapted for attachment to an animal—
	(i)	for the purpose of training the animal to fight another animal; or
	(ii)	for the purpose of inciting or assisting the animal to fight another animal or to inflict injury on another animal during a fight; or
	(iii)	for the purpose of protecting the animal in a fight with another animal.
Maximum penalty: $1 250.
	(2)	Subregulation (1) does not apply in respect of a spur, implement, article or thing in the possession or control of a museum that receives funding from the Government of the State or the Commonwealth.

Part 4—Teaching and research involving animals
14—Certain research prohibited except for limited purposes
	(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)	In proceedings for an offence against subregulation (1), the onus of proving the matters specified in paragraphs (c) and (d) lies on the defendant.
15—Application for licence under Part 4 of the Act
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.
16—Annual reports of animal ethics committee
	(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)	may include any other information considered relevant by the committee.

Part 5—Miscellaneous
17—Permits to hold rodeos
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.
18—Act does not render unlawful practices that are in accordance with prescribed codes of practice
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)	$55.00	
2	Application for a permit under section 34 of the Act (Permits to hold rodeos)	$55.00	

Schedule 2—Codes of practice

	Person who must ensure compliance with Code of Practice	Code of Practice	
1	A person who carries on a business consisting of or involving selling companion animals for profit	South Australian Code of Practice for the Care and Management of Animals in the Pet Trade, Animal Welfare Unit, Department of Environment, Heritage and Aboriginal Affairs (1999).	
2	A person who handles, destroys or domesticates feral livestock	Model Code of Practice for the Welfare of Animals, The Destruction or Capture, Handling and Marketing of Feral Livestock Animals, Australian Agricultural Council (1991), as amended from time to time.	
3	A person who has the care, control or management of animals at a saleyard	Model Code of Practice for the Welfare of Animals, Animals at Saleyards, Australian Agricultural Council (1991), as amended from time to time.	
4	A person who has the care, control or management of animals at a slaughtering facility	Model Code of Practice for the Welfare of Animals, Livestock and Poultry at Slaughtering Establishments (Abattoirs, Slaughterhouses and Knackeries), Australian Agricultural Council (1986), as amended from time to time.	
5	A person who has the care, control or management of animals for the purposes of a circus	South Australian Code of Practice for the Welfare of Animals in Circuses, Office of Animal Welfare, Department for Environment, Heritage and Aboriginal Affairs (1997).	
6	A person who has the care, control or management of animals preparatory to or during transport by air	Model Code of Practice for the Welfare of Animals, Air Transport of Livestock Australian Agricultural Council (1986), as amended from time to time.	
7	A person who has the care, control or management of animals preparatory to or during transport by sea	Model Code of Practice for the Welfare of Animals, Sea Transport of Livestock Australian Agricultural Council (1987), as amended from time to time.	
8	A person who has the care, control or management of camels	Model Code of Practice for the Welfare of Animals, The Camel, Agriculture and Resource Management Council of Australia and New Zealand (1997), as amended from time to time.	
9	A person who has the care, control or management of captive birds (excluding waterfowl, pigeons used for racing, pheasants or poultry used for the commercial production of meat or eggs)	South Australian Code of Practice for the Husbandry of Captive Birds, Office of Animal Welfare, Department of Environment, Heritage and Aboriginal Affairs (1999).	
10	A person who has the care, control or management of cattle	Australian Model Code of Practice for the Welfare of Animals, Cattle, Australian Agricultural Council (1992), as amended from time to time.	
11	A person who has the care, control or management of farmed deer	Model Code of Practice for the Welfare of Animals, The Farming of Deer, Australian Agricultural Council (1991), as amended from time to time.	
12	A person who has the care, control or management of farmed rabbits	Model Code of Practice for the Welfare of Animals, Intensive Husbandry of Rabbits, Australian Agricultural Council (1991), as amended from time to time.	
13	A person who has the care, control or management of goats	Model Code of Practice for the Welfare of Animals, The Goat, Australian Agricultural Council (1991), as amended from time to time.	
14	A person who has the care, control or management of horses preparatory to or during transport by land	Model Code of Practice for the Welfare of Animals, Land Transport of Horses Agriculture and Resource Management Council of Australia and New Zealand (1998), as amended from time to time.	
15	A person who has the care, control or management of livestock preparatory to or during transport by road	Australian Model Code of Practice for the Welfare of Animals, Road Transport of Livestock, Australian Agricultural Council (1983, see Gazette 24.4.1986 p1035), as amended from time to time.	
16	A person who has the care, control or management of livestock preparatory to or during transport by rail	Australian Model Code of Practice for the Welfare of Animals, Rail Transport of Livestock, Australian Agricultural Council (1983, see Gazette 24.4.1986 p1051), as amended from time to time.	
17	A person who has the care, control or management of pigs	Australian Model Code of Practice for the Welfare of Animals, The Pig, Australian Agricultural Council (1983, see Gazette 24.4.1986 p1017), as amended from time to time.	
18	A person who has the care, control or management of pigs preparatory to or during transport by land	Model Code of Practice for the Welfare of Animals, Land Transport of Pigs, Agriculture and Resource Management Council of Australia and New Zealand (1997), as amended from time to time.	
19	A person who has the care, control or management of poultry preparatory to or during transport by land	Model Code of Practice for the Welfare of Animals, Land Transport of Poultry, Agriculture and Resource Management Council of Australia and New Zealand (1998), as amended from time to time.	
20	A person who has the care, control or management of sheep	Model Code of Practice for the Welfare of Animals, The Sheep, Australian Agricultural Council (1991), as amended from time to time.	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Legislation revoked by principal regulations
The Prevention of Cruelty to Animals Regulations (No. 2) 2000 revoked the following:
Prevention of Cruelty to Animals Regulations 2000
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2000	10	Gazette 27.1.2000 p532	1.2.2000: r 2	
2001	60	Gazette 31.5.2001 p1969	1.7.2001: r 2	
2001	184	Gazette 26.7.2001 p2792	26.7.2001: r 2	
2003	116	Gazette 29.5.2003 p2304	1.7.2003: r 2	
2003	244	Gazette 11.12.2003 p4451	1.2.2004: r 2 	
2005	69	Gazette 26.5.2005 p1436	1.7.2005: r 2	
2005	145	Gazette 23.6.2005 p1919	1.7.2005: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
r 2	omitted under the Legislation Revision and Publication Act 2002	1.2.2004	
r 3	omitted under the Legislation Revision and Publication Act 2002	1.2.2004	
Pt 3			
r 9			
r 9(1)	varied by 244/2003 r 4(1)	1.2.2004	
r 9(2)	varied by 244/2003 r 4(2)	1.2.2004	
rr 13A and 13B	inserted by 184/2001 r 3	26.7.2001	
Sch 1	substituted by 60/2001 r 3	1.7.2001	
	 varied by 116/2003 r 4	1.7.2003