Prevention of Cruelty to Animals Regulation 2025

Executive summary of update

• Effective date: 12 December 2025 This update introduces substantial revisions to animal welfare regulations, primarily focusing on modernizing and strengthening protections. Key changes include a comprehensive new framework for electrical devices, notably virtual fencing, with strict usage conditions and mandatory training. The regulation of animal procedures like tail docking, debarking, and declawing has been significantly altered, prescribing them as regulated procedures with revised exemption criteria. Animal trades are overhauled with an updated list and new compliance mechanisms for Codes and Standards. Enforcement powers are redefined, and reporting obligations for charitable organisations are refocused. Additionally, exemptions for rodeos, steeplechasing, and animal transport are revised, and prohibited traps are broadly expanded. The primary intent is to enhance animal welfare, with a significant practical consequence of requiring immediate review and update of operational procedures, training, and compliance frameworks across various animal-related industries.

Impacted parties

Veterinary practitioners, commercial animal breeders and transporters, rodeo and racing organisers, animal welfare organisations, and users of electrical animal control devices are most significantly impacted by this update.

Change Analysis

1. Regulation of Electrical Devices and Virtual Fencing

• What is the new requirement? The regulation introduces new definitions for domestic cattle, electric cue, sensory cue, and virtual fencing device. It explicitly prohibits electric cues for domestic cattle and virtual fencing devices unless they comply with new, detailed requirements in Schedule 3. Schedule 3 now includes general requirements for all electrical devices (mandatory training, daily inspection, removal if malfunctioning or causing discomfort) and specific, stringent conditions for virtual fencing devices (e.g., maximum shock duration, no shock if constrained or distressed). A new Section 51A mandates training for virtual fencing device users and requires monitoring of animals wearing them.
• What was the old rule? The previous regulation listed types of electrical devices and circumstances in which they were not considered electrical devices, without specific prohibitions or detailed usage requirements for virtual fencing. There were no general requirements for training or inspection of electrical devices.
• Why does this matter? This significantly tightens the control over electrical devices, particularly virtual fencing. It introduces new compliance obligations, including mandatory training and daily checks, and restricts the use of certain devices. Non-compliance carries penalties, increasing operational risk for users of these technologies.

2. Revised Regulation of Animal Procedures

• What is the new requirement? Sections 27, 28, and 29 now explicitly classify tail docking, debarking, and declawing as “regulated procedures.” The conditions for exemptions have changed:
  • Tail Docking: Non-veterinary practitioners can only use rubber rings on calves less than 2 days old. Veterinary practitioners must ensure no unnecessary pain and necessity for health/welfare, with specific conditions for rubber ring use.
  • Debarking & Declawing: Exemptions for veterinary practitioners are now based on necessity for the animal’s “health or welfare” and being carried out without “unnecessary pain,” replacing previous detailed conditions for debarking dogs (e.g., age, failed behavioural plan, nuisance barking order).
• What was the old rule? Pinioning of birds’ wings had specific exemptions, which are now removed. Tail docking, debarking, and declawing had less prescriptive conditions for veterinary practitioners, and debarking had specific prerequisites related to nuisance barking and behavioural plans.
• Why does this matter? The changes alter the legal justifications and methods for these procedures. Veterinary practitioners and animal owners must adhere to stricter criteria, potentially limiting when and how these procedures can be performed. The removal of pinioning exemptions implies it is now generally prohibited.

3. Overhaul of Animal Trades and Associated Standards

• What is the new requirement? Schedule 1, which lists prescribed animal trades, has been extensively revised. Some trades are removed (e.g., pet grooming, security dog business), and new ones are added (e.g., Greyhound racing, Keeping or rearing of domestic fowl, Sale of animals as pets). Section 32 now explicitly requires compliance with these Codes of Practice or Standards “as in force from time to time” and introduces a new clause allowing for “minor deviations” if they cause no material harm and are consistent with the Code’s intent.
• What was the old rule? The previous Schedule 1 had a different list of prescribed animal trades and associated Codes/Standards. Section 32 contained detailed “animal trade requirements” within the regulation itself, alongside a general requirement to comply with Codes/Standards. There was no explicit “minor deviation” clause.
• Why does this matter? Businesses involved in animal trades must re-evaluate if their activities are still prescribed and ensure compliance with the updated or new Codes/Standards, which are now dynamic (“as in force from time to time”). The “minor deviation” clause offers some flexibility but requires careful interpretation to avoid non-compliance. The shift of detailed requirements from the regulation to external Codes/Standards means continuous monitoring of those external documents is crucial.

4. Changes to Enforcement Powers and Reporting

• What is the new requirement? Police officers of Senior Constable rank or above can now exercise inspector powers (Section 35). Inspectors have new powers to direct the provision of food or drink for ruminant stock “at risk” during an emergency (Section 36). A new offence for obstructing persons assisting inspectors is introduced (Section 37). The composition of the Stock Welfare Panel is completely revised (Section 38). Penalty notice offences are restructured into a tiered system (Tier 1, Tier 2) with fixed penalty unit amounts (Section 39, Schedule 2). Reporting requirements for approved charitable organisations are significantly altered, with a new focus on data related to fowl confinement (Section 41).
• What was the old rule? Police officer powers were detailed differently, inspector powers for directing food/drink were not explicitly “at risk,” and there was no specific offence for obstructing assistants. The Stock Welfare Panel had a different composition. Penalty notice offences had specific dollar amounts listed in Schedule 2. Reporting for charitable organisations had a broader scope.
• Why does this matter? These changes enhance enforcement capabilities and introduce new risks for non-compliance. Businesses and individuals must be aware of expanded police and inspector powers. Charitable organisations face new, specific data collection and reporting obligations, particularly concerning fowl welfare. The tiered penalty system means potential fines are now structured differently, requiring a re-evaluation of compliance risk.

5. New Exemptions and Prohibitions for Specific Activities

• What is the new requirement?
  • Prohibited Traps: The definition of prohibited traps is significantly expanded to include traps capable of grasping by foot/body, snaring, electrical current, poisonous/stupefying substances, or missiles. Snare traps are explicitly prohibited, with exceptions for Secretary-approved and cage traps (Section 42).
  • Rodeos: Exemptions are now from general cruelty provisions (Act s5(1), (2), (3)(a)) but are removed if spurs, electric prodders, flank straps, wire, or lassos are used (Section 44). Reliance on a Code of Practice is removed.
  • Steeplechasing/Hurdle Racing: Exemptions are also from general cruelty provisions but are removed if jumps likely to injure a horse are used (e.g., solid fixed logs/posts, designed to cause falls) (Section 45).
  • Animal Transport (Drink): Exemption from providing drink during transport is now conditional on the animal being loaded for less than 24 hours, not unloaded in the previous 24 hours, and not being a “young animal” (Section 46).
  • Conveyance of Stock Animals: The previous specific height requirement for vehicles is removed. Instead, compliance with the Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock is prescribed, with a new list of specific exceptions (Section 47).
• What was the old rule? Prohibited traps were primarily specific glue traps. Rodeo exemptions relied on compliance with a Code of Practice. Steeplechasing exemptions were based on horses not approaching obstacles simultaneously. Transport drink exemptions relied on compliance with specific standards. Conveyance of stock animals had a specific height requirement.
• Why does this matter? These changes introduce new prohibitions and significantly alter the conditions for existing exemptions. Operators in these activities must review and adjust their practices to avoid severe penalties or loss of exemption status. This requires immediate operational changes, equipment checks, and training.

Corrective and preventive actions

Health Safety and Environment

• Section 42: Conduct an immediate inventory of all traps in use and cease use of any newly prohibited traps (foot, body, snare, electrical, chemical, missile traps) unless they fall under the new exceptions (Secretary-approved, cage trap).
• Schedule 3: Implement mandatory training for all personnel using electrical devices, including virtual fencing. Establish daily inspection protocols for all electrical devices to ensure correct functioning and animal comfort, and procedures for immediate removal if issues arise.
• Section 45: Assess all jumps used in steeplechasing/hurdle racing to ensure they do not consist of solid fixed logs/posts or are designed to cause falls. Modify or remove non-compliant jumps.

Legal

• Section 3: Review and update internal glossaries and legal interpretations for new definitions (domestic cattle, electric cue, sensory cue, virtual fencing device).
• Section 26: Confirm the legal status of pinioning under general Act provisions or other regulations and advise on any new prohibitions.
• Sections 27, 28, 29: Review and update internal policies on tail docking, debarking, and declawing to align with new classifications as “regulated procedures” and revised exemption criteria (veterinary necessity, pain minimization, age limits).
• Section 30: Advise on new register content requirements for regulated procedures and the mandatory 5-year retention period.
• Section 32: Review the impact of removing detailed animal trade requirements from the regulation body and relying on external Codes/Standards. Advise on the interpretation and application of the “minor deviation” clause.
• Section 39: Review all penalty notice offences in Schedule 2 and their new tiered penalties. Update internal compliance risk assessments.
• Section 40: Advise on the new evidentiary rule for Minister-issued guidelines in duty of care prosecutions.
• Section 41: Review and update reporting templates for approved charitable organisations to incorporate new data points, particularly concerning fowl confinement.
• Section 43: Advise on the new prohibitions for specific electrical devices (electric cues on domestic cattle, non-compliant virtual fencing) and the conditions for the exemption/defence related to battery status.
• Section 44: Review the new scope of rodeo exemptions and the strict new conditions that remove the exemption (prohibition of spurs, electric prodders, flank straps, wire, lassos).
• Section 45: Review the new scope of steeplechasing/hurdle racing exemptions and the conditions regarding injurious jumps.
• Section 46: Advise on the new conditions for exemption from providing drink during transport, especially the 24-hour rule and the definition of “young animal.”
• Section 47: Advise on the new requirement to comply with Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock and the specific exceptions.
• Section 48: Review the new Australian Guideline for the Welfare of Animals in Films and Theatrical Performances.
• Section 50: Review and update reporting templates for all exemption holders to align with new general reporting requirements.
• Section 51A: Advise on the new mandatory training and monitoring requirements for virtual fencing devices.
• Section 52: Review the expanded savings provisions for orders, notices, and film/theatre exemptions to ensure continuity of existing arrangements.
• Schedule 1: Review the entire Schedule 1 to identify changes in prescribed animal trades and applicable Codes/Standards.

Operations

• Sections 27, 28, 29: Update all procedures for tail docking, debarking, and declawing to ensure compliance with new veterinary necessity, pain minimization, and age criteria. Cease any pinioning activities immediately.
• Section 30: Update record-keeping systems for regulated procedures to include new particulars (vet name/address, animal name/breed/colour/sex/age, procedure description, reason) and ensure 5-year retention. Train staff on new requirements.
• Section 32: Conduct a gap analysis against the new Codes/Standards listed in Schedule 1 for relevant animal trades. Update operational procedures and train staff on the “minor deviation” clause.
• Section 35: Ensure operational staff are aware of the expanded powers of police officers (Senior Constable and above) acting as inspectors.
• Section 36: Review emergency response plans to ensure readiness to comply with inspector directions regarding food/drink for ruminant stock.
• Section 41: Implement new data collection processes for fowl confinement (cage types, complaints, compliance activities) to meet new reporting requirements. Ensure reports are submitted within 3 months of financial year end.
• Section 43: Immediately cease use of electric cues on domestic cattle. Ensure any virtual fencing devices comply with Schedule 3. Implement procedures for managing electric cues (e.g., battery removal) to meet exemption/defence criteria.
• Section 44: Update rodeo event guidelines to prohibit spurs, electric prodders, flank straps, wire, and lassos. Ensure all participants are aware of these new prohibitions.
• Section 46: Revise transport protocols to ensure compliance with the 24-hour rule and specific provisions for young animals. Update driver training.
• Section 47: Conduct a gap analysis against the Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock. Update all conveyance procedures and training to ensure compliance, noting the new exceptions.
• Section 48: Update procedures for animal use in films/theatrical performances to comply with the new Australian Guideline.
• Section 50: Implement new data collection processes for species used, injuries/deaths, vet treatment, and employee training to meet new reporting requirements. Ensure reports are submitted within 3 months of financial year end.
• Section 51A: Ensure all personnel using virtual fencing devices complete mandatory training from the manufacturer/supplier. Implement strict monitoring protocols to ensure devices are deactivated/removed if malfunctioning or causing distress.
• Schedule 1: Conduct a comprehensive review of all operations against the new Codes/Standards for relevant animal trades.

Finance

• Section 39: Update financial models for potential penalty costs based on the new tiered structure.
• Section 49: Update fee schedules for exemption applications to reflect 25 penalty units and direct payment to the Secretary.

Commercial and Procurement

• Section 31 & Schedule 1: Identify if any current business activities are now newly prescribed or no longer prescribed under the revised animal trades list.
• Section 32: Review all contracts with animal trade businesses to ensure they reflect compliance with the new Codes/Standards and the “as in force from time to time” clause.

Government & Regulatory Affairs

• Section 32: Monitor updates to external Codes/Standards as they are now “as in force from time to time.”
• Section 38: Note the new composition of the Stock Welfare Panel for future interactions.
• Section 40: Monitor any new Minister-issued guidelines that could be used as evidence in court.

Risks & opportunities assessment

Risks:

• Increased Compliance Burden: The extensive changes, particularly for electrical devices, animal procedures, and animal trades, introduce numerous new specific obligations and require significant updates to operational procedures, training, and record-keeping.
• Higher Penalties: The new tiered penalty system for offences in Schedule 2 could lead to increased financial penalties for non-compliance.
• Operational Disruptions: Immediate cessation of certain practices (e.g., specific traps, electric cues on domestic cattle, non-compliant jumps) may require rapid operational adjustments and investment in alternative methods.
• Reputational Damage: Non-compliance with enhanced animal welfare standards could lead to significant reputational harm.
• Legal Challenges: The “minor deviation” clause for animal trades, while offering flexibility, could also introduce ambiguity and potential for legal disputes if not carefully managed.

Opportunities:

• Enhanced Animal Welfare Standards: Proactive compliance can position Simpoli as a leader in animal welfare, improving public perception and stakeholder trust.
• Innovation in Animal Management: The new framework for virtual fencing, while strict, provides a clear pathway for the adoption of this technology, potentially leading to more efficient and humane animal management practices.
• Streamlined Compliance (Long-term): Moving detailed requirements to external Codes/Standards (for animal trades) could, in the long run, allow for more agile adaptation to best practices without legislative amendment, provided monitoring is robust.
• Advisory Services: Expertise in navigating these complex new regulations could be offered as an advisory service to clients in affected industries.