Unusual things about the Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018

The Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 has been introduced in the parliament of NSW on 25^th October 2015. The bill has introduced for the prohibiting the exotic animals at circus. The Act will create an offence for exhibiting an exotic animal at circus or any similar place. The definition of exotic animals has also been inserted in the Act under section 5(1) of the Act. The act has been introduced so that the cruelty on animal on circus, amusements parks can be stopped. There are some unusual things about the act and the extent of prohibition and what are the ways it effects on the business of circuses will be answered. 

In a common procedure when the bill is commenced after 28 days of its assent. In Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 will commenced just after getting an assent.

Commonly the bills introduced in the NSW Parliament are public bills that deal with the matters relating to the public. Private bills that deals with specific private matters and the cognate bills that have been introduced in relation to the subject matter that are presented in the parliament as a package of parliament consideration. Money bills for spending money in a particular thing. The Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 does not comes under these four categories and therefore the bill is unusual than the others bills. 

The status of the bill that introduced in the NSW Parliament has been in Legislative Council. It has been in a stage of 2R Second Reading Speech. In the end of this debate the vote had been taken and if the vote does not match a minimum number than the bill been defeated. 

The common procedure of the bill that introduces in the parliament f NSW will enact after 28 of the day’s assent but this act will commence just after its enactment. The

If the bill enacted on the 1^st December 2018 than the amended provision, Section 31 will come into force after 1 year from the enacted date that is 1^st December 2019.

Part 3 will come into force when the assent had been given that is before 28 days before its enactment 1^st December 2018. 

The principal legislation for the bill has been introduced in the parliament of NSW is to make an amendment in the prohibition of exotic animals. The basic aim is to prohibit the exotic animals in the circus, amusement parks and the places similar to these such as public entertainment. It has been established that there are laws that must been considered by the laws that have been maintained by the law.

Some of the differences between the principal and amended act that are:

• The principal act provides permission to exhibit an exotic animal in a circus. Whereas in the amended act the permission has been prohibited
• In amended Act it is an offence for exhibiting an exotic animal as before in the principal act it was not an offence
• In amended act approval is required under the principal act for exhibiting an animal other than exotic animals
• The definition has been inserted of exotic animals as there was no definition has been provided under the principal act 

In relation to the provisions of the Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018, native animals have been considered as the exotic animal. The exotic animals have been defined under section 5(1) of the Amendment of Exhibited Animals Protection Act 1986 No 123 that states exotic animal will be considered other than the stock animal within the meaning of Prevention of Cruelty to Animals Act 1979 and Companion animal within the meaning of Companion Animals Act 1998. The stock animals are considered the domestic animals that mean the native animal is not considered under the exotic animals. 

Current stage of the bill’s progress through the parliamentary process

The Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 creates the restrictions on the lawful ability of rural areas for the shows of exhibit animals because some animals are wild that damages other properties would require an permission under the Act. The animals that are a danger for the public has been prohibited under the act and there has been special permission is required to showcase that animal. The advisor committee in the principle act has described the particulars to be specified in licenses. It has been described that the animals display establishment is a subject of license. The class has been described to which animals the license of which type will be allocated. The amended act does not have a major changes relating to the act that has been provided under the law. 

In Australia cases of cruelty on animals has been a major cause for introducing this Act in the parliament of NSW. The cruelty on animals is the reason for the establishment of this Act.

The Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 is created the restriction on the exhibited animals at a circus provided under Part 3 of the Act. The act restricts the exhibition of the animals that no one can exhibit an animal in any place such as circus, and any other similar places and therefore the violation of this act has been considered as a violence of its provision that can lead to penalty and imprisonment.

However, the provision of the Act also provides some ways through which the owner of the circus can keep the exotic animals. The owner of the circus after the commencement of the Act has been considered the various laws that have been breached under the Act.

The secretary will approve the placement of display of an exotic animal in an animal display establishment or a wildlife sanctuary provided under section 1 of Part 3.  It must been prescribed by the section 14 or 25 that apply to the exotic animal.    

Fred runs a travelling business of circus in Queensland. He does shows in Victoria and Tasmania not in the New South Wales but the act will restrict Fred. In section 31 of Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018, it is given that whether a person must not been engaged in the activities such as breeding of an exotic animal at the circus. The Act states that whether the circus is located or not located in New South Wales will be not be allowed breeding of an exotic animal at the circus. Therefore Fred will be advised in violation of this can lead to the penalty of 20 units or can be imprisoned for six months or both.

There are certain ways by which the activities of Fred can be affected that are:

• Fred business will be affected
• Fred will not able to exhibit the exotic animals anywhere around  the country
• Fred will have to take an special permission that has been granted only in particular cases.
• Fred has to the exotic animals within the 12 months of commencement of the act.
• Fred business will no more been legal in terms of law 

It will be advisable to Fred that it is an offence if the Act has been enacted. The Act states that transport, train an exotic animal for the purpose of exhibiting the animal at a circus whether the circus has been located in New South Wales or not. Therefore it is been advised to Fred that he is not allowed to train and breed the exotic animals at home state. The reason behind this Act to prohibit the exotic animal in a circus even the circuses outside the NSW because the life of an animal in a circus that is by force they have to spend a life in a circus. The housing of animal is unsuitable, they have been transported all over the country, and they are expected to perform for the entertainment. The large animals such as lions require space to socialise with their own kind. It is therefore required that these animals shall be provided with proper space and therefore this Act has been amended. The monkeys love to climb trees that have not been provided in circus. 

Various issues Fred can rise on the constitution because the Act has affected the business of Fred in a big manner. The exotic animals were the source of income for the Fred and if act has been commenced it can totally affect the business of Fred.

• What is the constitutional validity of the Act that has been enacted in NSW Parliament over Brisbane?
• The provision is to prohibit the exotic animals but no provision has been provided on the effects of the Act
• There is no compensation has been provided to the owners of circuses for the damages that has been happened from the Act. 

Maree who is a snake handler that conducts awareness shows from snakes throughout the NSW. After the act has been enacted, Maree can come under the restriction under various provisions of the Act. The snake comes under the exotic animals in Australia and according to the act the display of exotic animal in circus and similar place is an offence.

Maree has to take the permission under the act that is under section 25 of the Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018. Maree if get the permission under this section than she can run her business.

Conclusion

It has been analysed from the Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018 provisions that have been introduced in the parliament of NSW will affect the circus and amusement parks. The owner of the circus and these similar places has been highly affected by the provisions of the Act. The Act has created many restrictions on the use, exhibition, training of exotic animals. Some of the provisions of the Act also provides a permit for the use of exotic animals. It has also been analysed that the validity of the Act not has been limited to NSW but all over the country. Therefore, in the above question, Fred owner of the circus whose business has been highly affected from the Act has raised various constitutional issues on the Act. 

Journal

McFadden, Michael, Philip Topham, and Peter S. Harlow. “A Ticking Time Bomb: Is the illegal pet trade a pathway for the establishment of Corn Snake (Elaphe guttata) populations in Australia?.” (2017) 38 (4) Australian Zoologist 499

Noonan, Denise, and Virginia Williams. “Laboratory Animals Regulations and Recommendations: Australia and New Zealand” (2018) 17 (2) Laboratory Animals. 375

Business Ethics, Animal Rights and the Implications for Business, <https://opentextbc.ca/businessethicsopenstax/chapter/animal-rights-and-the-implications-for-business/>

Schaffner, Joan “Animal Law in Australasia: A universal dialogue of” Trading Off” animal welfare.” (2016) 6(1) Journal of Animal Ethics 95

Jones, Brian. “Aquaculture: exotic diseases and surveillance.” (2016) 37(3) Microbiology Australia 124

Pasmans, Frank, et al., “Future of keeping pet reptiles and amphibians: towards integrating animal welfare, human health and environmental sustainability” (2017) 187(7) Veterinary Record 730

Legislation

Exhibited Animals Protection Amendment (Prohibitions on Exhibition) Bill 2018

Websites

Parliament of New South Wales, Legislative process explained, <https://www.parliament.nsw.gov.au/bills/Pages/Legislative-process-explained.aspx>

Parliament of New South Wales, House Procedures, https://www.parliament.nsw.gov.au/la/houseprocedures/Pages/procedural-publications.aspx

RSPCA Queensland, Exotic Animals in Circuses, <https://www.rspcaqld.org.au/what-we-do/welfare-awareness/animals-for-profit-and-entertainment/exotic-animals-in-circuses>

NSW Legislation, Exhibited Animals Protection Act 1986 No 123, < https://www.legislation.nsw.gov.au/#/view/act/1986/123/part3/div1/sec16>

State Library, Australia Agricultural and Rural Life, < https://www.sl.nsw.gov.au/stories/australian-agricultural-and-rural-life/organisations-societies>

City Bar, Prohibiting the use of Wild Animals in Circuses (4 June 2018), < https://www.nycbar.org/member-and-career-services/committees/reports-listing/reports/detail/prohibiting-the-use-of-wild-animals-in-circuses>