Animals Legislation (Animals Welfare) Act 2003 (Vic)

Animals Legislation (Animal Welfare) Act 2003

ts	Act No. 103/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY	1
D

1. Purposes 1

ry 2. Commencement 3

ta	PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND
n	NUISANCE) ANIMALS ACT 1994 4

e	3.	Amendment of definitions	4
m	4.	Amendment of registration requirements	6
ia	5.	Use of prescribed permanent identification devices	6
rl	6.	Insertion of new section 28A	6

28A. Offence to train dogs to attack 6

a	7.	Substitution of section 38	7
P	38.	Restraint of dangerous dogs when on owner's premises	7
d	8.	Substitution of section 41G	8

n	41G.	Restraint of restricted breed dogs when on owner's
a	premises 8

9. Insertion of new Part 4A 9

n	PART 4A—REGULATION OF THE PERMANENT
o
ti	IDENTIFICATION OF DOGS AND CATS 9
la	Division 1—General 9
is	63B. Definition 9
g	Division 2—Offences 10
e	63C. Offence to offer or provide domestic animals registry

L service without a licence 10

n	63D.	Offence to sell etc. device that is not prescribed device	10
a	63E.	Offences relating to keeping of records	10
ri	63F.	Offences relating to the implantation of permanent
to	identification devices	11
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Section Page

63I. Offence not to provide certain information relating to identification devices to holders of domestic animals registry licences 13

ts	63J.	Requirement to scan dogs or cats for permanent
identification devices 14
n
e	Division 3—Domestic Animals Registry Licences	14

m	63K.	Grant of domestic animals registry licence	14
u	63L.	Application for a domestic animals registry licence	14
c	63M.	Duration of licences	15
o	63N.	Conditions on licences	15
63O.	Renewal of licences	16
D	63P.	Notice of proposal to cancel a domestic animals
ry	registry licence	16
63Q.	Making of submissions on proposal to cancel	17
ta	63R.	Cancellation of a domestic animals registry licence	17
n	63S.	Requirements to surrender records	18

e Division 4—Regulation of Implanters 19

m	63T.	Qualifications for implanters	19
ia	63U.	Notice of proposal to impose prohibition on
rl	implanting	19
a	63V.	Making of submissions on the proposal	20
63W.	Power of the Secretary to prohibit a person from
P	implanting devices	20
d	63X.	Removal of prohibition before expiry	21

n	Division 5—Transitional matters	22
a

63Y. Devices implanted before 20 May 2003 22

n	63Z.	Requirements to keep and maintain records held before
o
ti	commencement of Part 22

10. Insertion of new section 71A 23

la	71A.	Appointment of persons who are not employees of the
is	Department as authorised officers 23

11. Substitution of section 72 23

g	72.	Appointment of authorised officers by Council	23
e	72A.	Appointment of persons who are not Council
L	employees as authorised officers	24
n	12.	Contents of authorised officers' identity cards	24
a
ri
13.	Powers of authorised officers appointed by the Minister	25
14.	Insertion of new section 74A	26

74A. Powers of authorised officers contracted by Councils 26

to	15.	Insertion of new section 75A	27
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Section Page

16.	Offence not to give name and address to authorised officer	29
17.	Insertion of new section 77AA	29
77AA. Definition	29

ts	18.	Identification through implanted device	29
19.	Identified cats not to be destroyed	30
n	20.	Powers to serve infringement notices	30
e	21.	Withdrawal of infringement notice	30
m	22.	Power to file charges	31
u	23.	Instrument of appointment as evidence	31
c	24.	Insertion of new Division in Part 7	31
o	Division 4A—Further Procedures for Dogs and Cats
D	Found at Large	31

ry	95A.	Power of the court to make orders in relation to dogs
and cats found outside owners' premises 31
ta	95B.	Powers and duties of Council if order not complied
n	with 32
e	95C.	Owner to be notified 32
95D.	Further power of Court to order payment of costs and
m	destruction of dogs or cats 33

ia	25.	Insertion of new section 98AA	34
rl	98AA.	Review of decisions made under Part 4A	34

a	26.	Power of authorised officers to make declarations as to
restricted breed dogs 35
P	27.	Regulation making powers 35
d	28.	Fees for dogs and cats implanted with prescribed permanent
n	identification devices 37
a

PART 3—AMENDMENTS TO THE MEAT INDUSTRY ACT

n	1993 AND THE OMBUDSMAN ACT 1973	38
o

ti	29.	Amendments to Meat Industry Act 1993	38
la	30.	Amendments to Ombudsman Act 1973	38

is	PART 4—AMENDMENTS TO THE PREVENTION OF
g	CRUELTY TO ANIMALS ACT 1986 40

e	31.	Definitions	40
L	32.	Application of Act	42
n	33.	Codes of Practice	42
a
ri
34.	Definitions in Part 2	43
35.	Baiting and luring	43
to	36.	Insertion of new section 23A	43

23A. Offence to fail to provide name and address 43

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Section Page

37.	Substitution of sections 25 to 32	45
Division 1—Preliminary	45

ts 25. Definitions 45

n	Division 2—Offences	46
e	26.	Offences relating to scientific procedures carried out
m	at scientific premises 46
u	27.	Offences relating to scientific procedures carried out
c	outside scientific premises 47
o	28.	Offences relating to breeding of specified animals for
use in scientific procedures 49
D
ry	Division 3—Scientific Procedures Premises Licences	50

29. Grant of a scientific procedures premises licence 50

ta	30.	Application for a scientific procedures licence	50
n	31.	Duration of scientific procedures premises licences	51
e	32.	Conditions on scientific procedures premises licences	51

m Division 4—Scientific Procedures Field Work Licences 52

ia	32A.	Grant of a scientific procedures field work licence	52
rl	32B.	Application for a scientific procedures field work
a	licence	52
P	32C.	Duration of scientific procedures field work licences	52
32D.	Conditions on scientific procedures field work
d	licences	53
n

a Division 5—Specified Animals Breeding Licences 54

32E. Grant of a specified animals breeding licence 54

n	32F.	Application for a specified animals breeding licence	54
o
ti	32G.	Duration of specified animals breeding licence	54
32H.	Conditions on specified animals breeding licence	55

la Division 6—General Licensing Provisions 55

is	32I.	Power of Department Head to renew licences	55
g	32J.	Application to renew a licence	55
e	32K.	Power of the Department Head to vary licences	56
L	32L.	Variation of licence on the motion of the Department
n	Head	56
a	32M.	Application to vary a licence	57
ri	32N.	Suspension of licence and notice of proposal to cancel	57
to	32O.	Making of submissions on suspension	58
32P.	Power of the Department Head to cancel a licence	59
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Section Page

38.	Review by VCAT	60
39.	Alteration of references to scientific establishments	60
40.	Authorised officers powers	61

ts	41.	Offences	61
42.	Insertion of new Part 3A	61
n
e	PART 3A—INFRINGEMENT NOTICES	61
m	37A.	Power to serve a notice	61
u	37B.	Form of notice	62
c	37C.	Late payment of penalty	63
o	37D.	Withdrawal of notice	64
37E.	Payment expiates offence	64
D	37F.	Application of penalty	65
ry	37G.	Prosecution after service of infringement notice	65
37H.	Enforcement of infringement penalty	66
ta	43.	Insertion of new section to follow section 41	66

n	41A.	Council employees etc. not subject to offence for
e	giving information 66

44. Amendment of regulation making powers 67

m

ia	PART 5—AMENDMENTS TO THE VETERINARY PRACTICE
rl	ACT 1997 70

a	45.	Amendment of definitions	70
P	46.	Grounds for refusal of registration	70
47.	Insertion of new section 7A	71
d	7A.	Non-practising registration	71
n	48.	Endorsement of registration as a specialist practitioner	72
a	49.	Particulars on the Register	72
n	50.	Substitution of section 20	72

o	20.	Complaints about the conduct of registered veterinary
ti	practitioners 72

la	51.	Duty of Board to investigate complaints	73
52.	Recommendations of Board on preliminary investigation	73
is	53.	Substitution of section 23	73

g	23.	Power of Board to institute a hearing into professional
e	conduct 73

L	54.	Commencement of preliminary investigation	73
55.	Examination as to health of veterinary practitioner	74
n	56.	Report of examination	75
a
ri	57.	Revocation of suspension or conditions etc. on registration	75
58.	Establishment and notification of informal hearing	75
to	59.	Appointment of non Board members to Panel	76
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Section Page

62. Insertion of new sections 43A and 43B 78

43A.	Preliminary conferences	78
43B.	Requirements as to attendance at preliminary

ts conference 79

63. Findings and determinations of a formal hearing into conduct 79

n	64.	Findings and determinations of a formal hearing into ability
e	to practise 80
m	65.	Notifications by Board 81
u	66.	Insertion of new section 58A 82
c	58A. Offence to direct or incite unprofessional conduct 82
o	67.	Further amendments to the Veterinary Practice Act 1997 82

D	__________________
ry	SCHEDULE—Consequential Amendments to the Veterinary

Practice Act 1997 83

ta	═══════════════
n

e	ENDNOTES	84
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o	Victoria
D
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ta
n	No. 103 of 2003
e
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ia
rl	Animals Legislation (Animal Welfare)
a	Act 2003†
P

[Assented to 9 December 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is
g	PART 1—PRELIMINARY
e
L	1. Purposes
n	The purposes of this Act are to—
a

ri	(a)	amend the Domestic (Feral and Nuisance)
to	Animals Act 1994—

ic (i) to make further provision in relation to

the permanent identification of

V domestic animals; and

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 1—Preliminary

s. 1

(ii)  to make further provision in relation to domestic animals found outside the

ts	owner's premises; and
n	(iii) to make further provision in relation to
e	the powers of authorised officers; and
m	(iv) to make other amendments to that Act;
u	and
c
o	(b) to amend the Meat Industry Act 1993 to
D	make further provision in relation to the slaughter of certain animals for human
ry	consumption; and
ta	(c) to amend the Ombudsman Act 1973 to
n	provide for the monitoring of certain
e	inspectors approved under the Prevention of
m	Cruelty to Animals Act 1986 and certain
ia	authorised officers appointed under the
rl	Domestic (Feral and Nuisance) Animals
a	Act 1994; and
P

(d) to amend the Prevention of Cruelty to

d

n Animals Act 1986—

a	(i)	to make further provision in relation to
n	the powers of authorised officers; and
o
ti	(ii)	to make further provision in relation to
la	the regulation of the carrying out of
scientific procedures and the breeding
is	of certain animals for use in scientific
g	procedures; and
e
L	(iii)	to make other amendments to that Act;
n	and
a

ri (e) to amend the Veterinary Practice Act

1997—

to	(i) to make provision for the registration of
ic	non-practising veterinary practitioners;
V	and

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 1—Preliminary

s. 2

(ii)  to make further provision relating to investigations into registered veterinary

ts	practitioners; and
n	(iii) to provide for an offence of directing or
e	inciting unprofessional conduct; and
m	(iv) to make other amendments to that Act.
u
c	2. Commencement
o	(1) This Part and sections 4, 6, 7, 8, 24, 29, 30(1) and
D	(3), 34, 35, 36, 42, 43, 44(2) and (3), 45 to 58, 60
ry	and 62 to 67 come into operation on the day after
ta	the day on which this Act receives the Royal
Assent.
n
e	(2) Subject to sub-section (3), the remaining
m	provisions of this Act come into operation on a
ia
rl
day or days to be proclaimed.

(3) If a provision of this Act does not come into

a	operation before 1 December 2005, it comes into
P	operation on that day.
d	__________________
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Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 3

1994

PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND

NUISANCE) ANIMALS ACT 1994

ts

n 3. Amendment of definitions

e	See:	In section 3(1) of the Domestic (Feral and
Act No.
m	81/1994.	Nuisance) Animals Act 1994—
u	Reprint No. 2
c	as at	(a) insert the following definitions—
o	1 November

2002   ' "authorised implanter" means a person—

D	and amending	(a) who is qualified in accordance
ry	Act No.

56/2003. with section 63T; and

ta	LawToday:	(b) who is not a prohibited implanter;
n	dpc.vic.
e	gov.au	"domestic animals registry licence" means

m	a licence granted under section 63K;
ia	"domestic animals registry service" means
rl	a service of keeping and maintaining
a	records relating to dogs or cats that, in
P	relation to each dog or cat about whom
d	records are kept and maintained—
n	(a) contain identifying information about the dog or cat and the owner
a
n	of the dog or cat; and
o
ti	(b) are referenced to the dog or cat
la	through information contained in a
is	permanent identification device
g	implanted in the dog or cat; and
e	(c) are not records maintained by a
L	Council for the purposes of
n	registration under Part 2;
a
ri	"implant" includes insert;
to	"permanent identification device" means a
ic	microchip or other electronic device
V	that is capable of being permanently implanted in a dog or cat and that is

Animals Legislation (Animal Welfare) Act 2003

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Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 3

1994

designed to record information in a

manner that can be electronically

ts	retrieved;
n	"prescribed identifying information" in
e	relation to a dog or cat, means
m	information about the dog or cat and
u	the owner (within the meaning of
c	Part 4A) of the dog or cat the nature of
o	which is prescribed;
D	"prescribed permanent identification
ry	device" means a permanent
ta	identification device that is of a class of
permanent identification devices that is
n
e	prescribed by the regulations;
m	"prohibited implanter" means a person
ia	who is prohibited by the Secretary from
rl	implanting permanent identification
a	devices in dogs and cats under
P	Division 4 of Part 4A;
d	"Secretary" means the person who is, for
n	the time being, the Department Head
a	(within the meaning of the Public
n	Sector Management and
o
ti	Employment Act 1998) of the
Department;
la	"veterinary practitioner" means a
is	veterinary practitioner registered under
g
e	the Veterinary Practice Act 1997.';

L	(b)	for the definition of "authorised officer"
n	substitute—
a
ri	"authorised officer" means a person appointed as an authorised officer

to	under section 71, 71A, 72 or 72A;".
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Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 4

1994

4. Amendment of registration requirements

In section 10(3) of the Domestic (Feral and

ts	Nuisance) Animals Act 1994, omit "or (2)".
n	5. Use of prescribed permanent identification devices
e

In section 19(2) of the Domestic (Feral and

m

u	Nuisance) Animals Act 1994, for "that the dog is
c	permanently identified in the manner prescribed
o	by the regulations" substitute "that the dog is
D	implanted with a prescribed permanent
ry	identification device".
ta	6. Insertion of new section 28A
n	After section 28 of the Domestic (Feral and
e	Nuisance) Animals Act 1994 insert—
m	"28A. Offence to train dogs to attack
ia
rl	A person must not train a dog to attack, bite,
a	rush at, chase or in any way menace persons,
P	animals or anything worn by persons, unless the dog is so trained—
d
n	(a) in the course of conducting a domestic
a	animal business on premises that is
n	registered under Part 4, if training of
o	such a nature is authorised under that
ti	registration; and
la	(b) that person—
is	(i) is conducting; or
g
e	(ii) is employed by a person who is
L	conducting—
n
a	a domestic animal business on premises
ri	that is registered under Part 4.

to	Penalty:	60 penalty units or imprisonment
ic	for 3 months.".
V

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 7

1994

7. Substitution of section 38

For section 38 of the Domestic (Feral and

ts	Nuisance) Animals Act 1994 substitute—
n	'38. Restraint of dangerous dogs when on
e	owner's premises
m	(1) When a dangerous dog is kept on residential
u
c	premises of the owner of the dog, the owner
o	must ensure that—
D	(a) if the dog is inside any dwelling on the
ry	premises, it is confined in such a
ta	manner—
n	(i) that it cannot escape; and
e	(ii) that a person cannot enter the
m	dwelling unless admitted by an
ia	occupier of the premises who is of
rl	or over 17 years of age; and
a	(b) there is on the premises, outside any dwelling, a prescribed enclosure; and
P
d
n	(c) when the dog is not inside any dwelling
a	on the premises, the dog is kept in a
n	prescribed enclosure.
o

ti	Penalty:	For a first offence, 5 penalty units.
la	For a second or subsequent
is	offence, 10 penalty units.

g	(2) When a dangerous dog is kept on non-
e	residential premises of the owner, the owner
L	must ensure that—
n	(a) when the dog is guarding the premises,
a
ri	it is kept inside perimeter fencing that
to	complies with the prescribed
requirements; and
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Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 8

1994

(b) in any other case, that the dog is kept in a prescribed enclosure.

ts	Penalty:	For a first offence, 5 penalty units.
n	For a second or subsequent
e	offence, 10 penalty units.

m	(3) In this section "prescribed enclosure"
u
c	means an enclosure—
o	(a) from which a dog cannot escape; and
D
(b) that is constructed in such a manner
ry	that a person cannot have access to it
ta	without the assistance of an occupier of
n	the premises who is of or over 17 years
e	of age; and
m	(c) that complies with the regulations.'.
ia
rl	8. Substitution of section 41G
a	For section 41G of the Domestic (Feral and
P	Nuisance) Animals Act 1994 substitute—
d	'41G. Restraint of restricted breed dogs when on
n	owner's premises
a

(1) When a restricted breed dog is on the

n

o	premises of the owner of the dog the owner
ti	must ensure that—
la	(a) if the dog is inside any dwelling on the
is	premises, it is confined in such a
g	manner—
e
L	(i) that it cannot escape; and
n	(ii) that a person cannot enter the
a	dwelling unless admitted by an
ri	occupier of the premises who is of
to	or over 17 years of age; and
ic	(b) that there is on the premises, outside
V	any dwelling, a prescribed enclosure; and

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 9

1994

(c) when the dog is not inside any dwelling on the premises, the dog is kept in a

ts prescribed enclosure.

n	Penalty:	For a first offence, 5 penalty units.
e	For a second or subsequent
m	offence, 10 penalty units.
u

c	(2) In this section "prescribed enclosure" has
o	the same meaning as in section 38.'.
D	9. Insertion of new Part 4A
ry	After Part 4 of the Domestic (Feral and
ta	Nuisance) Animals Act 1994 insert—
n
e	'PART 4A—REGULATION OF THE

PERMANENT IDENTIFICATION OF DOGS

m	AND CATS
ia
rl
a	Division 1—General
P	63B. Definition
d
n	In this Part—
a	"owner", in relation to a dog or cat,
n	means the person who has applied
o
ti	for registration or renewal of
registration of the dog or cat under
la	section 10, or, if the dog or cat is
is	not registered under section 10,
g	the person who has legal
e	ownership of the dog or cat.
L
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Animals Legislation (Animal Welfare) Act 2003

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Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 9

1994

Division 2—Offences

63C. Offence to offer or provide domestic

ts	animals registry service without a licence
n
e	A person must not offer or provide a domestic animals registry service unless that
m
u	person is the holder of a domestic animals
c	registry licence.
o	Penalty: 60 penalty units.
D

63D. Offence to sell etc. device that is not

ry	prescribed device
ta	A person must not sell, supply or implant a
n	permanent identification device that is not a
e	prescribed permanent identification device.
m
ia
rl
Penalty: 20 penalty units.

63E. Offences relating to keeping of records

a	The holder of a domestic animals registry
P	licence must—
d
n	(a) in relation to each dog or cat in respect
a	of which the licence holder is providing
n	the domestic animals registry service,
o	keep and maintain, in the records
ti	relating to that dog or cat, the
la	prescribed identifying information in
is	the manner prescribed; and
g	(b) keep and maintain copies of all such
e	records in the manner prescribed.
L

Penalty: 120 penalty units.

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Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 9

1994

63F. Offences relating to the implantation of permanent identification devices

ts	A person must not implant a permanent
n	identification device in a dog or cat unless—
e	(a) the person is an authorised implanter;
m	and
u
c	(b) if the person is not a veterinary
o	practitioner, the person is—
D	(i) acting under the supervision of a
ry	veterinary practitioner who
ta	employs that person and who is an
authorised implanter; or
n

e	(ii)	acting under supervision of a
m	veterinary practitioner who is an
ia	authorised implanter and who has
rl	agreed in writing to supervise the
a	person.

P	Penalty: 10 penalty units.
d	63G. Offence not to give information to licence
n
a	holder on implantation
n	A person who has implanted a permanent
o	identification device in a dog or cat must,
ti	within two days of doing so, give the
la	prescribed identifying information to the
is	holder of a domestic animals registry licence
g	who, the implanter reasonably believes, has
e	agreed to provide a domestic animals
L	registry service to the owner.
n	Penalty: 5 penalty units.
a
ri	63H. Offence to provide identifying information
to	in certain circumstances
ic	(1) A person who has implanted a permanent
V	identification device in a dog or cat must not provide any of the prescribed identifying

Animals Legislation (Animal Welfare) Act 2003

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Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 9

1994

information that forms part of the domestic

animals registry service for that dog or cat to

ts	any person unless—
n	(a) the person is—
e	(i) an employee of the implanter; or
m	(ii) the holder of the domestic animals
u
c	registry licence who is to provide
o	the service or an employee of the
D	holder; or
ry	(iii) the owner of the dog or cat; or
ta	(iv) the Secretary or a person
n	employed in the Department in the
e	administration of this Act; or
m	(v) an authorised officer; or
ia
rl	(vi) a Council or a person engaged or
a	employed by a Council in the
P	administration of this Act; or
d	(vii) any other person approved by the
n	Secretary; or
a	(b) the owner has consented to the
n	provision of the information for the
o
ti	purposes of reuniting the owner with
la	the animal.
is	Penalty: 10 penalty units.
g	(2) The holder of a domestic animals registry
e	licence must not provide any of the
L	prescribed identifying information that forms
n	part of the domestic animals registry service
a
ri	for that dog or cat to any person unless—
to	(a) the person is—
ic	(i) an authorised implanter or an

employee of an authorised

V implanter; or

Animals Legislation (Animal Welfare) Act 2003

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Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act

s. 9

1994

(ii) the owner of the dog or cat; or

(iii) the Secretary or a person

ts	employed in the Department in the
n	administration of this Act; or
e	(iv) an authorised officer; or
m	(v) a Council or a person engaged or
u
c	employed by a Council in the
o	administration of this Act; or
D	(vi) any other person approved by the
ry	Secretary; or

ta	(b)	the owner has consented to the
n	provision of the information for the
e	purposes of reuniting the owner with
m	the animal.

ia	Penalty: 10 penalty units.
rl	63I. Offence not to provide certain information
a
P	relating to identification devices to holders of domestic animals registry licences
d
n	(1) A person must not sell or supply a permanent
a	identification device unless the seller has
n	provided to each of those persons who, the
o	seller reasonably believes, are the holders of
ti	domestic animals registry licences—
la	(a) any of the prescribed information to
is	identify the device that is in the
g	possession or control of the seller, in
e	the prescribed manner and format; and
L

(b) the name and address of the person to

n

a	whom the device has been sold or
ri	supplied.
to	Penalty: 20 penalty units.
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(2) Sub-section (1) does not apply to a seller if

the seller reasonably believes that the
information in the seller's possession or

ts	control has already been so provided or is to
n	be so provided by another person.
e

(3) In this section, "seller" means a person who

m

u	is selling or supplying a permanent
c	identification device.
o	63J. Requirement to scan dogs or cats for
D	permanent identification devices
ry	(1) A person who conducts an animal shelter or
ta	pound must scan a dog or cat who enters that
n	shelter or pound, within 3 days of its entry,
e	to determine whether or not the dog or cat is
m	implanted with a permanent identification
ia	device.
rl	Penalty: 20 penalty units.
a
P	(2) In this section "scan" means to scan in a manner that enables permanent identification
d
n	devices to be detected.
a
Division 3—Domestic Animals Registry
n	Licences
o
ti	63K. Grant of domestic animals registry licence
la
is	The Secretary may licence a person to offer
g	or provide a domestic animals registry
e	service.
L	63L. Application for a domestic animals
n	registry licence
a
ri	(1) A person may apply to the Secretary for the
to	grant of a domestic animals registry licence.
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(2) An application under sub-section (1)—

(a) must include the prescribed particulars;

ts	and
n	(b) must be accompanied by the prescribed
e	fee.
m	(3) An applicant must give the Secretary any
u
c	further information relating to the application
o	that the Secretary requests.
D	63M. Duration of licences
ry	(1) A domestic animals registry licence remains
ta	in force for the period of years that is
n	specified in the licence, which must not be
e	more than 3 years from the issue or renewal
m	of the licence.
ia	(2) A domestic animals registry licence expires
rl	on 30 June in the year that it ceases to have
a	force.
P

63N. Conditions on licences

d

n	(1) A domestic animals registry licence is
a	subject to any conditions—
n	(a) that are prescribed; and
o
ti	(b) that the Secretary imposes on the
la	licence.
is	(2) A licence holder must comply with the
g	conditions to which the licence is subject.
e
L	Penalty:  60 penalty units in the case of a natural person.
n
a	120 penalty units, in the case of a
ri	body corporate.
to
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63O. Renewal of licences

(1) On the expiration of a domestic animals

ts	registry licence, the Secretary may renew the
n	licence.
e	(2) Before a domestic animals registry licence
m	expires, the holder may apply to the
u	Secretary for the renewal of the licence.
c
o	(3) An application under sub-section (2)—
D	(a) must include the prescribed particulars;
ry	and

ta	(b)	must be accompanied by the prescribed
n	fee.

e	(4) An applicant under this section must give to
m	the Secretary any further information relating
ia	to the application that the Secretary requests.
rl	(5) A domestic animals registry licence in
a
P	respect of which an application is made under this section, is deemed to continue in
d	force, after the expiry of the licence period,
n
a	until the Secretary makes a decision in relation to the application.
n
o	63P. Notice of proposal to cancel a domestic
ti	animals registry licence
la	(1) If the Secretary is satisfied that there may be
is	grounds for cancelling a domestic animals
g	registry licence under section 63R, the
e	Secretary must serve notice that he or she
L	proposes to cancel the licence on the licence
n	holder either personally or by post.
a
ri	(2) A notice under sub-section (1) must—
to	(a) state that the Secretary is satisfied that
ic	there are grounds for the cancellation of
V	the licence; and

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(b) set out those grounds; and

(c) set out the time within which written

ts	submissions on the proposed
n	cancellation of the licence must be
e	made to the Secretary.
m	63Q. Making of submissions on proposal to
u	cancel
c
o	(1) The holder of a domestic animals registry
D	licence who has been given a notice under section 63P may make written submissions
ry	on the proposal to cancel the licence.
ta	(2) Submissions made under sub-section (1)
n	must be made within the time fixed by the
e	Secretary under section 63P(2)(c).
m
ia	63R. Cancellation of a domestic animals
rl	registry licence
a	(1) If, after considering any submissions made
P	within the time fixed for making submissions
d	under section 63P(2)(c), the Secretary is
n	satisfied that—
a

(a) in the case of a licence holder who is a

n	natural person, the licence holder is not
o
ti	a fit and proper person to hold a
la	domestic animals registry licence; or

is	(b)	in the case of a licence holder who is a
g	body corporate, any director or officer
e	of the body corporate who does or may
L	exercise control over the service that is
n	the subject of the licence is not a fit and
a	proper person to be a director or officer
ri	of the holder of a domestic animals
to	registry licence; or
ic
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(c) that the licence holder has failed to comply with a condition of the licence;

ts	or
n	(d) the licence holder has been found guilty
e	of an offence against this Act or the
m	regulations—
u	the Secretary may—
c
o	(e) cancel the licence; or
D	(f) require the licence holder to take the
ry	action specified by the Secretary.
ta	(2) The Secretary must give notice to the licence
n	holder of his or her decision under sub-
e	section (1) and set out reasons for that
m	decision in the notice.
ia	(3) A notice under sub-section (2) must be
rl	served on the licence holder within 28 days
a	after the expiry of the date for the making of
P	submissions under section 63P(2)(c).
d	(4) Cancellation of a domestic animals registry
n
a	licence by the Secretary has effect from the date at which notice of the cancellation is
n	served on the licence holder.
o
ti	63S. Requirements to surrender records
la	If the Secretary has cancelled a domestic
is	animals registry licence, the holder of the
g	licence must, within 5 days after the
e	cancellation of the licence takes effect under
L	section 63R(4), surrender and forfeit to the
n	Secretary all records kept or maintained for
a
ri	the purposes of the domestic animals registry
service provided by the licence holder.
to
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Division 4—Regulation of Implanters

63T. Qualifications for implanters

ts	(1) A person is qualified to implant domestic
n
e	animals identification devices if—
m	(a) in the case of a person who is a
u	veterinary practitioner, the practitioner
c	has completed a course on the
o	implantation of permanent
D	identification devices approved by the
ry	Secretary; or

ta	(b)	in any other case, the person has a
n	qualification approved by the Secretary
e	and has completed a course on the
m	implantation of permanent
ia	identification devices approved by the
rl	Secretary.

a	(2) An approval of a course or qualification by
P	the Secretary under sub-section (1) must be
d	published in the Government Gazette.
n	63U. Notice of proposal to impose prohibition
a

on implanting

n

o	(1) If the Secretary reasonably believes that
ti	there may be grounds to prohibit a person
la	from implanting permanent identification
is	devices in dogs and cats, the Secretary must
g	serve notice on that person that the Secretary
e	proposes to so prohibit that person.
L	(2) The Secretary must serve a notice under sub-
n	section (1) either personally or by post
a
ri	addressed to the person at the last known
place of address of the person.
to
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(3) A notice under sub-section (1) must—

(a) state that the Secretary is satisfied that

ts	there are grounds for the imposition of
n	the prohibition; and
e	(b) set out those grounds; and
m	(c) set out the time within which written
u
c	submissions on the proposal to prohibit
o	the person must be made to the
D	Secretary.
ry	63V. Making of submissions on the proposal
ta	(1) A person on whom a notice has been served
n	under section 63U may make written
e	submissions on the proposal to the Secretary.
m	(2) Submissions made under sub-section (1)
ia	must be made within the time fixed by the
rl	Secretary under section 63U(3)(c).
a	63W. Power of the Secretary to prohibit a person from implanting devices
P
d
n	(1) If, after considering any submissions made
a	within the time fixed for making submissions
n	under section 63U(3)(c), the Secretary is
o	satisfied that the person upon whom the
ti	notice has been served—
la	(a) has failed to comply with this Act or
is	regulations made under this Act; or
g
e	(b) has knowingly submitted false
L	information to the holder of a domestic
n	animals registry licence or the
a	Secretary—
ri	the Secretary may—
to	(c) prohibit the person from implanting
ic	permanent identification devices in
V	dogs and cats; and

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(d) determine conditions that the person must comply with before the expiry of

ts	the prohibition.
n	(2) In making a decision under sub-section (1)
e	the Secretary must specify—
m	(a) the time for which the prohibition
u	remains in force; and
c
o	(b) the conditions (if any) that the person
D	must comply with before the expiry of
ry	the prohibition.
ta	(3) The Secretary must give notice to the person

to whom the prohibition applies of his or her

n	decision under sub-section (1) and set out
e	reasons for that decision in the notice.
m
ia	(4) A notice under sub-section (3) must be
rl	served on the person to whom the prohibition
a	applies within 28 days after the expiry of the
P	date for the making of submissions under section 63U(3)(c).
d
n	(5) A prohibition under sub-section (1) has
a	effect from the date at which notice of the
n	prohibition is served on the person to whom
o
ti	it applies.
la	63X. Removal of prohibition before expiry
is	(1) If the Secretary has determined conditions
g	that a person must comply with under
e	section 63W(1), and the Secretary is satisfied
L	that those conditions have been complied
n	with before the expiry of the period specified
a	under section 63W(2)(a), the Secretary may
ri	determine that the prohibition is to cease to
to	have effect before that expiry.
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(2) The Secretary must give written notice of a

determination under sub-section (1) to the
person to whom the prohibition applies and

ts	must specify in the notice the date on which
n	the prohibition ceases to have effect.
e
m	Division 5—Transitional matters
u
c	63Y. Devices implanted before 20 May 2003
o
D	If a dog or a cat has been implanted with a permanent identification device before
ry	20 May 2003, that dog or cat is deemed to
ta	have been implanted with a prescribed
n	permanent identification device.
e	63Z. Requirements to keep and maintain
m	records held before commencement of
ia	Part
rl
a	The holder of a domestic animals registry
P	licence must, in relation to any record of identifying information kept and maintained
d	in respect of a dog or cat by the holder as
n
a	part of a service in the nature of a domestic animals registry service provided by the
n	holder immediately before the
o
ti	commencement of this Part—
la	(a) continue, on and after the
is	commencement of this Part, to keep
g	and maintain all such records in the
e	manner prescribed and containing the
L	prescribed information; and
n	(b) keep and maintain copies of all such
a
ri	records in the manner prescribed.
to	Penalty: 120 penalty units.'.
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10. Insertion of new section 71A

After section 71 of the Domestic (Feral and

ts	Nuisance) Animals Act 1994 insert—
n	"71A. Appointment of persons who are not
e	employees of the Department as
m	authorised officers
u
c	(1) The Minister may, by instrument, appoint a
o	person who is not an employee employed
D	under Part 3 of the Public Sector Management and Employment Act 1998,
ry	as an authorised officer, if the Minister is of
ta	the opinion that the person has particular
n	qualifications or experience that are
e	necessary to exercise the power the person is
m	to be authorised to exercise.
ia	(2) The Minister must, in an instrument of
rl	appointment under sub-section (1)—
a
P	(a) specify the period for which the person appointed is so appointed; and
d
n	(b) specify the powers under this Act that
a	the person appointed is authorised to
n	exercise.".
o
ti	11. Substitution of section 72
la	For section 72 of the Domestic (Feral and
is	Nuisance) Animals Act 1994 substitute—
g	"72. Appointment of authorised officers by
e	Council
L
A Council may, by instrument, appoint as an
n
a	authorised officer any specified employee of
ri	the Council.
to
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72A. Appointment of persons who are not Council employees as authorised officers

ts	(1) A Council may, by instrument, appoint a
n	person who is not an employee of the
e	Council as an authorised officer, if the
m	person has the qualifications or experience
u	prescribed by the Secretary.
c	(2) The Council must, in an instrument of
o	appointment under sub-section (1), specify
D	the period for which the person is to be
ry	appointed.
ta	(3) The Secretary may prescribe conditions that
n	apply to an appointment made under sub-
e	section (1).
m	(4) If a person appointed under sub-section (1)
ia	does not comply with a condition prescribed
rl	under sub-section (3), and the Secretary
a	notifies that person that he or she has failed
P	to comply with the condition, the
d	appointment of that person is taken to be
n	revoked as from the date of notification by
a	the Secretary.".
n	12. Contents of authorised officers' identity cards
o
ti	For section 73(2) of the Domestic (Feral and
la	Nuisance) Animals Act 1994 substitute—
is	"(2) An identity card under sub-section (1)
g	must—
e

L	(a)	set out the name of the authorised
n	officer and contain a photograph of the
a
ri
authorised officer; and

(b) set out the name of the body who has

to	appointed the authorised officer; and
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(c) if an authorised officer is appointed for a specified period, set out the period for which the authorised officer is

ts	appointed.".
n

e	13.	Powers of authorised officers appointed by the
m	Minister
u	(1) In section 74(1) of the Domestic (Feral and

c	Nuisance) Animals Act 1994—
o
D	(a) for "An authorised officer" substitute "An authorised officer appointed by the Minister
ry	under section 71";
ta	(b) for paragraph (c) substitute—
n
e	"(c) a domestic animals registry licence or
m	the conditions of such a licence; or".
ia	(2) After section 74(1) of the Domestic (Feral and
rl	Nuisance) Animals Act 1994 insert—
a	"(1A) An authorised officer appointed by the Minister under section 71A may take any
P
d	reasonable action that is necessary to find out
n
a	whether the provisions of—
n	(a) this Act; or
o
ti	(b) the regulations; or
la	(c) any Code of Practice made under this
is	Act; or
g	(d) a domestic animals registry licence—
e
L	that relate to the conduct of domestic animal businesses or domestic animals registry
n	services are being complied with.
a
ri	(1B) An authorised officer appointed by a Council
to	under section 72 may take any reasonable
ic	action that is necessary to find out whether
V	the provisions of—

(a) this Act; or

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(b) the regulations; or

(c) any local law made under this Act by a

ts	Council; or
n	(d) any Code of Practice made under this
e	Act—
m
u	that do not relate to—
c	(e) the conduct of domestic animals
o	registry services; or
D

(f) implanters of permanent identification

ry	devices in dogs or cats—
ta	are being complied with.".
n
e	(3) In section 74(2) of the Domestic (Feral and
m	Nuisance) Animals Act 1994 for "For the
ia	purposes of sub-section (1) an authorised officer
rl	may" substitute "An authorised officer who is
a	exercising a power under sub-section (1), (1A) or
P	(1B) may".
d	(4) In section 74(3) of the Domestic (Feral and
n	Nuisance) Animals Act 1994 for "An authorised
a	officer" substitute "An authorised officer who is
n	exercising a power under sub-section (1), (1A) or
o
ti
(1B)".

14. Insertion of new section 74A

la

is	After section 74 of the Domestic (Feral and
g	Nuisance) Animals Act 1994 insert—
e	"74A. Powers of authorised officers contracted
L	by Councils
n	An authorised officer appointed under
a
ri	section 72A may, if he or she believes, on
to	reasonable grounds, that an offence under
section 10, 20, 21, 22, 23, 24, 25, 26, 27, 32,
ic	38, 41E or 41G has been committed—
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(a) request a person to give his or her name and place of residence; or

ts	(b) ask questions.".
n	15. Insertion of new section 75A
e

After section 75 of the Domestic (Feral and

m

u	Nuisance) Animals Act 1994 insert—
c	"75A. Seizure of records of information
o	recorded in permanent identification
D	devices
ry	(1) If the holder of a domestic animals registry
ta	licence has not complied with section 63S,
n	an authorised officer appointed under
e	section 71 may seize all records that the
m	licence holder is required to surrender under
ia
rl
section 63S.

(2) An authorised officer who seizes records

a	under sub-section (1) must, as soon as
P	practicable after seizing the records
d	surrender them to the Secretary.
n	(3) The Secretary may retain, keep and maintain records seized under sub-section (1) for so
a
n	long as the Secretary considers necessary.
o
ti	(4) Any records seized by the Secretary under
la	this section become the property of the
is	Secretary on seizure.
g	(5) Section 75 does not apply to records to
e	which this section applies.
L

75B. Disposal of records seized under section

n

75A

a
ri

(1) The Secretary may tender records seized,

to	kept or maintained under section 75A or
ic	records surrendered and forfeited under
V	section 63S for sale or disposal to any person who is the holder of a domestic animals

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registry licence other than the person from

whom the records were seized, or who

ts	surrendered the records.
n	(2) The Secretary must, before tendering records
e	for sale or disposal under sub-section (1)—
m	(a) notify the holder of the domestic
u	animals registry licence from whom the
c	records were seized, or who
o	surrendered the records, that he or she
D	intends to offer the records for sale or
ry	disposal; and

ta	(b)	cause notice of the sale or disposal to
n	be published in the Government
e	Gazette.

m	(3) It is a condition of any sale or disposal under
ia	this section that the records sold or disposed
rl	of—
a
P	(a) become part of the domestic animals registry service of the licence holder
d
n	who acquires the records on the sale or
a	disposal; and
n	(b) that the licence holder must keep and
o	maintain the records so acquired on
ti	behalf of the owners of the animals to
la	which the records relate as part of the
is	domestic animals registry service
g	provided by the licence holder.
e	75C. Application of proceeds of sale
L

(1) The Secretary must apply the proceeds of the

n

a	sale of any records under section 75B in the
ri	following order—
to	(a) to the costs incurred by the Secretary in
ic	seizing, keeping and maintaining the
V	records;

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(b) any balance then remaining must be paid to the holder of the domestic animals registry licence from whom the

ts	records were seized, if the holder
n	claims the balance in writing within
e	3 months of the sale of the records.
m
u	(2) If the holder of the domestic animals registry
c	licence from whom the records were seized
o	does not claim the balance of the sale money
D	under sub-section (1)(b) that money is to be
ry	dealt with in accordance with the Unclaimed
Moneys Act 1962.".
ta	16. Offence not to give name and address to authorised
n
e	officer
m	In section 76(1)(b)(i) of the Domestic (Feral and
ia	Nuisance) Animals Act 1994, after "74(3)" insert
rl	"or section 74A(a)".
a	17. Insertion of new section 77AA
P

After the Heading to Division 2 of Part 7 of the

d

n	Domestic (Feral and Nuisance) Animals Act
a	1994 insert—
n	'77AA. Definition
o
ti	In this Division, "authorised officer"
la	means an authorised officer appointed under
is	section 72.'.

18. Identification through implanted device

g

e	(1) In section 78(1) of the Domestic (Feral and
L	Nuisance) Animals Act 1994 after "attached to
n	or" insert "a device".
a
ri	(2) In section 78(2) of the Domestic (Feral and
to	Nuisance) Animals Act 1994 after "attached to
ic	or" insert "a device".
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19. Identified cats not to be destroyed

In section 80(1)(a) of the Domestic (Feral and

ts	Nuisance) Animals Act 1994 after "identification
n	marker" insert "or a permanent identification
e	device".
m	20. Powers to serve infringement notices
u
c	(1) In section 85(1) of the Domestic (Feral and
o	Nuisance) Animals Act 1994—
D	(a) after "authorised officer" insert ", appointed
ry	under section 71 or 72,";
ta	(b) for "41E" substitute "38, 41E, 41G".
n	(2) After section 85(1) of the Domestic (Feral and
e	Nuisance) Animals Act 1994 insert—
m
ia	"(1A) If an authorised officer appointed under
rl	section 72A has reason to believe that a
a	person has committed an offence against
P	section 10, 20, 21, 23, 24, 25, 26, 27, 32, 38(2), 41E or 41G of this Act, he or she may
d	serve an infringement notice on that
n
a	person.".
n	21. Withdrawal of infringement notice
o
ti	(1) In section 87(1) of the Domestic (Feral and

Nuisance) Animals Act 1994 for "The authorised

la	officer" substitute "A relevant authorised
is	officer".
g
e	(2) After section 87(3) of the Domestic (Feral and
L	Nuisance) Animals Act 1994 insert—
n	'(4) In this section "relevant authorised
a
ri	officer" means an authorised officer who
has the power to issue an infringement notice
to	that is of the class of infringement notices to
ic	which the infringement notice that is being
V	withdrawn belongs.'.

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22. Power to file charges

For section 92(b) of the Domestic (Feral and

ts	Nuisance) Animals Act 1994 substitute—
n	"(b) an authorised officer appointed under section
e	71, 71A or 72.".
m	23. Instrument of appointment as evidence
u
c	In section 94(1)(b) of the Domestic (Feral and
o	Nuisance) Animals Act 1994, for "a certificate of
D	appointment of an authorised officer issued under
ry	section 73" substitute "an instrument of
ta	appointment of an authorised officer issued under
Division 1 of Part 7".
n
e	24. Insertion of new Division in Part 7
m	After Division 4 of Part 7 of the Domestic (Feral
ia	and Nuisance) Animals Act 1994 insert—
rl
a	'Division 4A—Further Procedures for Dogs
P	and Cats Found at Large
d
n	95A. Power of the court to make orders in
a	relation to dogs and cats found outside
n	owners' premises
o
ti	(1) If the owner of a dog or cat is found guilty

by the Magistrates' Court of an offence under

la	section 23(4), 24(1), 24(2) or 25(1), the court
is	may make an order requiring the owner to
g	carry out the works that are specified by the
e	court for the purpose of ensuring that the
L	animal that is the subject of the offence is not
n	able to escape from the owner's premises.
a
ri	(2) Section 135 of the Magistrates' Court Act
to	1989 applies to an order made under this
section.
ic
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s. 24

1994

95B. Powers and duties of Council if order not

complied with

ts	(1) If—
n	(a) the Magistrates' Court has made an
e	order under section 95A and the order
m	has not been complied with; and
u
c	(b) after the order has been made, the dog
o	or cat that is the subject of the order is
D	found outside the owner's premises in circumstances in which an authorised
ry	officer of the Council of the municipal
ta	district in which the owner's premises is
n	situated reasonably believes that the
e	owner of the dog or cat has committed
m	an offence under section 23(4), 24(1),
ia	24(2) or 25(1)—
rl	the authorised officer may seize the dog or
a	cat.
P

(2) If a dog or cat has been seized under sub-

d

n	section (1), the Council must commence
a	prosecution for the offence, believed to have been committed by the owner, as soon as
n
o	practicable after the seizure and may retain
ti	custody of the animal until the outcome of
la	the prosecution is known.
is	(3) In this section "authorised officer" means
g	an authorised officer appointed under section
e	72 or 72A.
L	95C. Owner to be notified
n
a	(1) If a dog or cat has been seized under section
ri	95B, the Council must notify the owner of
to	the dog or cat of the seizure of the animal.
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1994

(2) A notice under this section must be in

writing and must be delivered either
personally or by post within 4 days after the

ts	animal is seized.
n
e	95D. Further power of Court to order payment
m	of costs and destruction of dogs or cats
u	(1) If the owner of the dog or cat is found guilty
c	of the offence in a proceeding commenced
o	under section 95B, the Magistrates' Court
D	may make either or both of the following
ry	orders—
ta	(a) that the dog or cat be destroyed;
n	(b) if the dog or cat has been seized by the
e	Council, that the owner pay the
m	reasonable cost to the Council for any
ia	period (until the outcome of the
rl	proceeding) for which the Council has
a	had the custody of the dog or cat.
P

(2) If the Magistrates' Court has found that the

d

n	owner has not complied with an order under
a	section 95A, the Magistrates' Court may (in addition to any power the Court has to make
n
o	orders under the Magistrates' Court Act
ti	1989) make either or both of the following
la	orders—
is	(a) order that the dog or cat be destroyed;
g	(b) if the dog or cat has been seized by the
e	Council, that the owner pay the
L	reasonable cost to the Council for any
n	period (until the outcome of the
a
ri	proceeding) for which the Council has
to	had the custody of the dog or cat.'.
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s. 25

1994

25. Insertion of new section 98AA

After section 98 of the Domestic (Feral and

ts	Nuisance) Animals Act 1994 insert—
n	"98AA. Review of decisions made under Part 4A
e

(1) A person, whose interests are affected by the

m

u	relevant decision, may apply to the Victorian
c	Civil and Administrative Tribunal for review
o	of—
D	(a) a decision refusing to grant or renew a
ry	domestic animals registry licence; or

ta	(b)	a decision by the Secretary to impose
n	conditions on a domestic animals
e	registry licence; or

m	(c) a decision to cancel a domestic animals
ia	registry licence; or
rl	(d) a decision to prohibit a person from
a
P	implanting permanent identification devices in dogs and cats.
d
n	(2) An application for review under sub-section
a	(1) must be made within 28 days of—
n	(a) the day on which the decision is made;
o
ti	or

la	(b)	if, under the Victorian Civil and
is	Administrative Tribunal Act 1998,
g	the person requests a statement of
e	reasons for the decision, the day on
L	which the statement of reasons is given
n	to the person or the person is informed
a	under section 46(5) of that Act that a
ri	statement of reasons will not be
to	given.".
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s. 26

1994

26.  Power of authorised officers to make declarations as to restricted breed dogs

ts	At the end of section 98A of the Domestic (Feral
n	and Nuisance) Animals Act 1994 insert—
e	'(2) In this section "authorised officer" means
m	an authorised officer appointed under
u	section 72.'.
c
o	27. Regulation making powers
D	(1) After section 100(1)(b) of the Domestic (Feral
ry	and Nuisance) Animals Act 1994 insert—
ta	"(ba) prescribing classes of permanent
n	identification devices; and
e	(bb) prescribing the standards that are to apply to
m	prescribed permanent identification devices
ia	and the scanning of such devices; and
rl	(bc) prescribing the methods of implantation of
a
P	permanent identification devices, including the procedures and standards in the handling
d	of animals being implanted with such
n
a	devices; and
n	(bd) in relation to the record keeping of holders of
o	domestic animals registry licences, providing
ti	for—
la	(i) the content of, and procedures relating
is	to, keeping the records of the licence
g	holder; and
e
L	(ii) access to and provision of information
n	kept in the records; and
a
ri	(iii) persons who can access the records or

obtain information from the records;

to	and
ic	(iv) prohibiting and regulating charges for
V	the provision of access to, or information kept in, the records; and

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

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s. 27

1994

(be) charges made by the holders of domestic animals registry licences for the provision of

ts	domestic animals registry services; and
n	(bf) the duties and obligations of persons
e	(including implanters and owners of animals
m	that have been implanted with permanent
u	identification devices) in relation to the
c	provision of information to the holders of
o	domestic animals registry licences; and
D	(bg) any other matter related to the implantation
ry	of domestic animals with permanent
ta	identification devices; and".
n	(2) In section 100(2) of the Domestic (Feral and
e	Nuisance) Animals Act 1994—
m	(a) in paragraph (c), after "the Minister" insert
ia
rl	", the Secretary";
a	(b) after paragraph (c) insert—
P	"(ca) may confer discretionary authority or
d	impose a duty on a specified person or
n	a specified class of person; and
a

(cb) may provide in a specified case or a

n	specified class of case for the
o
ti	exemption of a class of people or things
la	from any provision of the regulations, whether unconditionally or on specified
is	conditions and whether wholly or to
g	such an extent as is specified in the
e
L	regulations; and".

(3) After section 100(2) of the Domestic (Feral and

n

Nuisance) Animals Act 1994 insert—

a
ri

"(2A) Regulations made under this Act may be

to	made so as to apply, adopt or incorporate any
ic	matter contained in any code, standard, rule,
V	specification or method formulated, issued,

Animals Legislation (Animal Welfare) Act 2003

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s. 28

1994

prescribed or published by any authority or

body whether—

ts	(a)	wholly or partially or as amended by
n	the regulations; or

e	(b) as formulated, issued, prescribed or
m	published at the time the regulations are
u	made or at any time before then.".
c

o	28.	Fees for dogs and cats implanted with prescribed
D	permanent identification devices

ry	In the Schedule to the Domestic (Feral and
ta	Nuisance) Animals Act 1994—
n	(a) in Column 2 under the heading "DOGS",
e	for "Dogs that are permanently identified in
m	the prescribed manner" substitute "Dogs
ia	that are implanted with a prescribed
rl	permanent identification device or
a	permanently identified in the prescribed
P	manner";
d	(b) in Column 2, under the heading "CATS",
n	for "Cats that are permanently identified in
a	the prescribed manner" substitute "Cats that
n	are implanted with a prescribed permanent
o
ti	identification device".
la	__________________
is
g
e
L
n
a
ri
to
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Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 3—Amendments to the Meat Industry Act 1993 and the Ombudsman

s. 29

Act 1973

PART 3—AMENDMENTS TO THE MEAT INDUSTRY ACT

1993 AND THE OMBUDSMAN ACT 1973

ts	See:
n	Act No.

29. Amendments to Meat Industry Act 1993

e 40/1993.

(1) In section 35(1) of the Meat Industry Act 1993,

Reprint No. 3

m	as at	for "a mammal" substitute "an animal".
u	1 July 2003
c	and	(2) After section 35(5) of the Meat Industry Act
amending
o	Act No.	1993 insert—
D	24/2003.
"(6) A person must not slaughter for human
LawToday:
ry		consumption an animal that is not a
dpc.vic.
ta	gov.au	consumable animal.
n	Penalty:  First offence 100 penalty units.

e	Second or subsequent offence
m	500 penalty units or imprisonment
ia	for 24 months or both.".
rl	See:
a	Act No.

30. Amendments to Ombudsman Act 1973

P 8414.

(1) After section 13(2) of the Ombudsman Act 1973

Reprint No. 6

d	as at
1 January

insert—

n	2002	"(2AAA) The Ombudsman is also to monitor
a	and

amending	compliance with Division 3 of Part 2 of the
n	Act Nos	Prevention of Cruelty to Animals Act 1986
o	2/2001 and
ti	23/2002.	by officers of the Royal Society for the
la
LawToday:
	Prevention of Cruelty to Animals who are
is	dpc.vic.	approved as inspectors under section
gov.au	18(1)(b)(ii) of that Act.".
g
e	(2) After section 13(2AB) of the Ombudsman Act
L	1973 insert—
n	"(2AC) The Ombudsman is also to monitor
a
ri	compliance with the Domestic (Feral and
Nuisance) Animals Act 1994 by persons
to	appointed as authorised officers under
ic	section 71A(1) or 72A(1) of that Act.".
V

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Act No. 103/2003

Part 3—Amendments to the Meat Industry Act 1993 and the Ombudsman

s. 30

Act 1973

(3) After section 17(1)(a) of the Ombudsman Act 1973 insert—

ts	"(aa) where the complaint relates to an
n	administrative action taken by an officer of
e	the Royal Society for the Prevention of
m	Cruelty to Animals, the Chief Executive
u	Officer of the Royal Society for the
c	Prevention of Cruelty to Animals; and".
o	(4) In section 17(1) of the Ombudsman Act 1973—
D

(a) in paragraph (b), for "council—" substitute

ry	"council; and";
ta	(b) after paragraph (b) insert— "(c) where the complaint relates to an
n
e
m	administrative action taken by a person
ia	appointed as an authorised officer
rl	under section 71A(1) of the Domestic
a	(Feral and Nuisance) Animals Act
P	1994, the Minister administering that Act; and
d
n	(d) where the complaint relates to an
a	administrative action taken by a person
n	appointed as an authorised officer
o	under section 72A(1) of the Domestic
ti	(Feral and Nuisance) Animals Act
la	1994, the mayor of the relevant
is	municipal council—".
g	__________________
e
L
n
a
ri
to
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Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 31

PART 4—AMENDMENTS TO THE PREVENTION OF

CRUELTY TO ANIMALS ACT 1986

ts

n 31. Definitions

e	See:	In section 3(1) of the Prevention of Cruelty to
Act No.
m	46/1986.	Animals Act 1986 insert the following
u	Reprint No. 5	definitions—
c	as at
o	1 November
2002	' "animal ethics committee" means a committee,
D	and	the principal function of which is to
amending
ry	Act No.	determine the ethical practices that are to
56/2003.	apply to the carrying out of scientific
ta	LawToday:
	procedures;
n	dpc.vic.
e	gov.au	"scientific premises" means a premises ordinarily used for scientific research,
m

ia	teaching or testing;
rl	"scientific procedure" means any procedure,
a	test, experiment, inquiry, investigation or
P	study which is carried out on or in
d	connection with an animal in the course of
n	which—
a	(a) an animal is subjected to—
n	(i) surgical, medical, psychological,
o
ti	biological, chemical or physical
la	treatment; or

is	(ii)	conditions of heat, cold, light,
g	dark, confinement, noise, isolation
e	or overcrowding to which an
L	animal of that species is not
n	accustomed; or
a

ri	(iii) abnormal dietary conditions; or
to	(iv) electric shock or radiation
ic	treatment; or
V

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Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 31

(b) any tissue, material or substance is extracted or derived from the body of

ts	an animal—
n	and which is for—
e	(c) the purpose of acquiring, demonstrating
m	or developing knowledge in the field of
u	medical, dental, veterinary, agricultural,
c	behavioural or biological science or in
o	any other field of science; or
D

(d) the purpose of acquiring,

ry	demonstrating, exercising or
ta	developing techniques used in the
n	practice of medical, dental, veterinary,
e	agricultural, behavioural or biological
m	science or in any other field of science;
ia	or
rl	(e) the purpose of developing or testing the
a	use, hazards, safety or efficiency of
P	vaccines, substances, drugs, materials
d	or appliances intended for use in, on or
n	in connexion with human beings or
a	animals; or
n	(f) any other purpose prescribed for the
o
ti	purposes of this paragraph—
la	but does not include—
is	(g) the treatment of an animal for the
g	purpose of promoting its health or
e	welfare by or in accordance with the
L	instructions of a veterinary practitioner;
n	or
a
ri	(h) the conduct of animal husbandry
to	carried out in accordance with a Code
ic	of Practice; or
V

Animals Legislation (Animal Welfare) Act 2003

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Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 32

(i) (j) any or any type of procedure, test, the collection, taking, banding and of and in accordance with the Wildlife

ts	Act 1975; or
n
e
m	experiment, inquiry, investigation or
u	study prescribed for the purposes of this
c	paragraph;
o	"scientific procedures field work licence"
D	means a licence issued under section 32A;
ry	"scientific procedures premises licence" means
ta	a licence issued under section 29;
n	"specified animals breeding licence" means a
e	licence issued under section 32E;'.
m
ia	32. Application of Act
rl	After section 6(1) of the Prevention of Cruelty to
a	Animals Act 1986 insert—
P

"(1A) For the purpose of determining whether or

d	not sub-section (1) applies to a particular
n
a	case, a specialist inspector (within the meaning of Part 2) may exercise a power set
n	out in section 21A or 22A.".
o
ti	33. Codes of Practice
la	For section 7(1)(b) of the Prevention of Cruelty
is	to Animals Act 1986 substitute—
g
e	"(b) about the premises, facilities, equipment or
L	conditions at any premises to which licences
n	granted under Part 3 apply; or
a
ri	(c) the constitution, procedures and processes of

animal ethics committees.".

to
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Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 34

34. Definitions in Part 2

At the end of section 8 of the Prevention of

ts	Cruelty to Animals Act 1986 insert—
n	'(2) In this Part a reference to "animal" is a
e	reference to an animal that is—
m	(a) in the case of a mammal, bird or reptile,
u
c	at or above the normal mid-point of the
o	gestational cycle for the particular class
D	of animal; or

ry	(b)	in any other case, capable of
ta	independent feeding.'.

n	35. Baiting and luring
e	In section 13(2) of the Prevention of Cruelty to
m	Animals Act 1986, for "veterinary practitioner
ia	who is employed as a veterinary pathologist in the
rl	Department" substitute "veterinary practitioner
a	who is employed, or who practises on his or her
P	own behalf, as a veterinary pathologist".
d	36. Insertion of new section 23A
n
a	After section 23 of the Prevention of Cruelty to
n	Animals Act 1986 insert—
o
ti	"23A. Offence to fail to provide name and
la	address
is	(1) If an inspector believes, on reasonable
g	grounds, that a person has committed an
e	offence against this Part, the inspector may
L	ask the person to state his or her name and
n	ordinary place of residence or business.
a
ri	(2) In making a request under sub-section (1),

the inspector must inform the person of the

to	grounds for his or her belief that the person
ic	has not complied with the requirement.
V

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 36

(3) A person must not—

(a) refuse or fail to comply with a request

ts	under sub-section (1) without a
n	reasonable excuse for doing so; or
e	(b) in response to a request under sub-
m	section (1)—
u
c	(i) state a name that is false in a
o	material particular; or
D	(ii) state an address that is not the full
ry	and correct address of his or her
ta	ordinary place of residence or
business.
n
e	Penalty: 10 penalty units.
m	(4) If a person states a name and address in
ia	response to a request under sub-section (1)
rl	and the inspector suspects, on reasonable
a	grounds, that the stated name and address
P	may be false, the inspector may request the
d	person to produce evidence of the
n	correctness of the name and address.
a

(5) A person to whom a request under sub-

n	section (4) is made must comply with the
o
ti	request, unless he or she has a reasonable
la	excuse for not doing so.
is	Penalty: 10 penalty units.
g	(6) It is not an offence for a person to fail to
e	comply with a request under sub-section (1)
L	or (4)—
n
a	(a) if the inspector did not inform the
ri	person, at the time the request was
to	made, that it is an offence to fail to
ic	comply with the request; or
V

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Act No. 103/2003

Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 37

(b) if the authorised officer did not identify himself or herself in accordance with

ts	section 23B before making the request.
n	23B. Inspectors must identify themselves
e	An inspector must produce proof of his or
m	her identity and official status—
u
c	(a) before exercising a power under section
o	23A; and
D	(b) at any time during the exercise of a
ry	power under section 23A, if asked to do
ta	so.".
n	37. Substitution of sections 25 to 32
e	For sections 25 to 32 of the Prevention of
m	Cruelty to Animals Act 1986 substitute—
ia
rl	'Division 1—Preliminary
a
P	25. Definitions
d	In this Part—
n
a	"authorised officer" means a person appointed to be an authorised officer
n
o	under section 35;
ti	"Peer Review Committee" means a Peer
la	Review Committee established under
is	section 34;
g	"program of scientific procedures" means
e	a series of scientific procedures each of
L	which is being carried out in
n	conjunction with the others;
a
ri
to
ic
V

(2) A notice under sub-section (1) must be

to	served on the licence holder within 28 days
ic	after the expiry of the date for the making of
V	submissions under section 32N(3)(d). Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 38

32R. Coming into effect of cancellation

Cancellation of a licence by the Department

ts	Head has effect from the time at which
n	notice of the cancellation is served on the
e	licence holder.
m
u	Division 7—Miscellaneous'.
c
o	38. Review by VCAT
D	For section 33(1) of the Prevention of Cruelty to
ry	Animals Act 1986 substitute—
ta	"(1) A person whose interests are affected by the
n	relevant decision, may apply to the Victorian
e	Civil and Administrative Tribunal for review
m	of—
ia	(a) a decision refusing to grant or renew a
rl	scientific procedures premises licence,
a	scientific procedures field work licence
P	or a specified animals breeding licence;
d	or
n	(b) a decision to impose conditions on such
a	a licence; or
n
o	(c) a decision to cancel or suspend such a
ti	licence.".
la	39. Alteration of references to scientific establishments
is	In section 34 of the Prevention of Cruelty to
g
e	Animals Act 1986—

L	(a)	in sub-section (1), for "licensed scientific
n	establishments" substitute "scientific
a	premises at which scientific procedures are
ri	carried out under a scientific procedures
to	premises licence";
ic
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Act No. 103/2003

Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 40

(b)

in sub-section (2) for "at licensed scientific premises under a scientific procedures

ts	premises licence".
n
e	40. Authorised officers powers
m	In section 35(7) of the Prevention of Cruelty to
u	Animals Act 1986—
c
o	(a) in paragraph (a)(i) for "any licensed
D	scientific or breeding establishment" substitute "any premises in respect of which
ry	a licence has been issued under this Part";
ta	(b) in paragraph (d), omit "establishment or".
n
e	41. Offences
m	In section 36(1) of the Prevention of Cruelty to
ia	Animals Act 1986, for "a scientific or breeding
rl	establishment" substitute "a premises in respect
a	of which a licence has been issued under this
P	Part".
d	42. Insertion of new Part 3A
n
a	After Part 3 of the Prevention of Cruelty to
n	Animals Act 1986 insert—
o
ti	'PART 3A—INFRINGEMENT NOTICES
la	37A. Power to serve a notice
is
g	(1) An authorised officer may serve an
e	infringement notice on any person that he or
L	she has reason to believe has committed—
n	(a) an offence against section 15A(2); or
a
ri	(b) a prescribed offence against the
to	regulations.
ic
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Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 42

(2) In this Part a reference to an "authorised officer" is a reference to—

ts	(a)	in the case of an offence relating to a
n	scientific procedure (within the
e	meaning of Part 3) an authorised
m	officer, within the meaning of
u	section 25; and

c	(b) in any other case, an inspector within
o	the meaning of section 8, being in the
D	case of an inspector who has been
ry	approved under section 18, any case for
ta	the purposes of which the inspector has been approved.
n
e	(3) An infringement notice may be served on a
m	person—
ia	(a) by delivering it personally to the
rl	person; or
a
P	(b) by sending it by post addressed to the person at the person's last known place
d
n	of residence or business.
a	37B. Form of notice
n	An infringement notice must be in a form
o
ti	approved by the Department Head and must
la	set out all the following matters—
is	(a) the date of the notice;
g	(b) the provision of this Act or the
e	regulations that creates the offence;
L

(c) the date, time and place of the alleged

n

offence;

a
ri

(d) the nature and a brief description of the

to	alleged offence;
ic	(e) the infringement penalty for the alleged
V	offence set out in the regulations;

Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986

s. 42

(f) the manner in which the infringement penalty may be paid;

ts	(g)	the time (not being less than 28 days
n	after the date on which the notice is
e	served) within which the infringement
m	penalty must be paid;

u	(h) that, if the amount of the infringement
c	penalty is paid before the end of the
o	time specified in the notice, the matter
D	will not be brought before the
ry	Magistrates' Court unless the notice is
ta	withdrawn within 28 days after the date
on which it was served;
n

e	(i)	that the person is entitled to disregard
m	the notice and defend any proceedings
ia	in respect of the alleged offence in the
rl	Magistrates' Court;

a	(j) any other prescribed particulars.
P

37C. Late payment of penalty

d

n	An authorised officer may accept payment of
a	the infringement penalty even after the
n	expiration of the time for payment stated in
o
ti	the infringement notice if—
la	(a) neither a charge has been filed nor a

courtesy letter served under Part 2 of

is	Schedule 7 to the Magistrates' Court
g	Act 1989 in respect of the offence to
e	which the infringement penalty relates;
L	and
n
a	(b) the infringement notice has not been
ri	withdrawn.
to
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s. 42

37D. Withdrawal of notice

(1) A member of the police force may withdraw

ts	an infringement notice issued by a member
n	of the police force under this Part within
e	28 days after it was served.
m	(2) The Department Head may withdraw an
u	infringement notice issued by any other
c	authorised officer under this Part within
o	28 days after it was served.
D

(3) The withdrawal of an infringement notice is

ry	to be effected by serving a withdrawal notice
ta	on the person on whom the infringement
n	notice was served.
e	(4) If the penalty sought in the infringement
m	notice has been paid before the notice is
ia	withdrawn, the amount of the penalty must
rl	be refunded on the notice being withdrawn,
a	and the Consolidated Fund is, to the
P	necessary extent, appropriated accordingly.
d	(5) Proceedings for the offence in respect of
n
a	which the infringement notice has been served may still be taken or continued
n	despite the withdrawal of the notice.
o
ti	37E. Payment expiates offence
la	If an infringement notice is not withdrawn
is	and the infringement penalty is paid within
g	the time specified in the notice or payment is
e	accepted in accordance with section 37C
L	then—
n
a	(a) the person on whom the notice was
ri	served has expiated the offence by that
to	payment; and
ic
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(b) no proceedings may be taken against that person in respect of that offence;

ts	and
n	(c) no conviction is to be taken to have
e	been recorded against that person for
m	the offence.
u	37F. Application of penalty
c
o	(1) An infringement penalty paid under this Part
D	must be applied in the same way as a fine paid under an order of a court made on an
ry	offender being convicted or found guilty of
ta	the offence to which the infringement
n	penalty relates.
e	(2) The payment of an infringement penalty
m	under this Part is not and must not be taken
ia
rl	to be—
a	(a) an admission of guilt in relation to the
P	offence; or
d	(b) an admission of liability for the purpose
n	of any civil claim or proceeding arising
a	out of the same occurrence, and the
n	payment does not in any way affect or
o
ti	prejudice any such claim or proceeding.
la	(3) The payment of an infringement penalty

under this Part must not be referred to in any

is	report provided to a court for the purpose of
g	determining sentence for any offence.
e
L	37G. Prosecution after service of infringement
n	notice
a
ri	A charge may be filed in respect of an
offence to which an infringement notice
to	relates if—
ic
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(a) the infringement penalty has not been paid within the time for payment specified in the notice or in accordance

ts	with section 37C; or
n
e	(b) the notice is withdrawn.
m	37H. Enforcement of infringement penalty
u
c	Payment of the infringement penalty may be
o	enforced in accordance with Part 2 of
D	Schedule 7 to the Magistrates' Court Act
ry	1989 if—
ta	(a) the infringement notice is an

infringement notice within the meaning

n

e of Schedule 7 to that Act; and

(b) the infringement penalty has not been

m

ia	paid within the time specified in the
rl	notice or in accordance with
a	section 37C; and
P	(c) the notice has not been withdrawn; and
d	(d) a charge has not been filed in
n
a	accordance with section 37G.'.
n	43. Insertion of new section to follow section 41
o
ti	After section 41 of the Prevention of Cruelty to
la	Animals Act 1986 insert—
is	'41A. Council employees etc. not subject to
g	offence for giving information
e	(1) If—
L

(a) an officer, employee or contractor of a

n

a	Council gives the name and address of
ri	an owner of land or of an animal to an
to	inspector for the purposes of enabling the inspector to exercise a power under
ic	this Act; and
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(b) the officer, employee or contractor has obtained that information in the course of his or her employment with the

ts	Council or under his or her contract
n	with the Council (as the case
e	requires)—
m
u	the officer, employee or contractor does not
c	commit any offence under the Local
o	Government Act 1989, regulations or local
D	laws made under that Act or any other law in
ry	so doing.
ta	(2) In this section "Council" has the same

meaning as in the Local Government Act

n

e	1989.'.
m	44. Amendment of regulation making powers
ia	(1) In section 42(1) of the Prevention of Cruelty to
rl	Animals Act 1986—
a
P	(a) for paragraph (e) substitute—
d	"(e) applications for and the grant of
n	licences under Part 3, including
a	requirements to be satisfied before the
n	grant of such licences; (ea) standards for—
o
ti
la	(i) facilities and equipment at; and
is	(ii) scientific procedures to be carried
g	out at—
e
L	any premises to which a licence granted
n	under Part 3 applies; and
a
ri	(eb) conditions on licences granted under

Part 3;";

to	(b) in paragraph (g) for "scientific
ic	establishments (as defined in section 25) or
V	breeding establishments (as defined in section 25)" (wherever occurring) substitute

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"any premises to which a licence granted

under Part 3 applies";

ts	(c) for paragraph (h) substitute—
n	"(h) the minimum requirements for the
e	training, experience and academic
m	qualifications of a person in charge of
u	any premises to which a licence granted
c	under Part 3 applies;";
o
D	(d) for paragraph (j) substitute—
ry	"(j) the periods for which permits issued
ta	under Division 2 of Part 2 remain in
force;";
n
e	(e) for paragraph (k) substitute—
m	"(k) membership of animal ethics
ia	committees and the operation of such
rl	committees;";
a	(f) in paragraph (l), omit "(as defined in section 25)";
P
d
n	(g) in paragraph (m), for "section 25" substitute
a	"section 3";
n	(h) paragraph (n) is repealed.
o
ti	(2) For section 42(1)(na), (nb) and (nc) of the
la	Prevention of Cruelty to Animals Act 1986
is	substitute—
g	"(na) prohibiting or regulating—
e
L	(i) any medical or veterinary procedure conducted on animals; or
n
a	(ii) any method of capture of animals; or
ri	(iii) any method or procedure of transport of
to	animals—
ic	that may cause injury, suffering or distress to
V	animals;

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(nb) prohibiting or regulating the possession or use of any implement, device or thing that may cause injury, suffering or distress in an

ts	animal;".
n
e	(3) In section 42(2)(c) of the Prevention of Cruelty
m	to Animals Act 1986, for "five penalty units"
u	substitute "10 penalty units".
c	__________________
o
D
ry
ta
n
e
m
ia
rl
a
P
d
n
a
n
o
ti
la
is
g
e
L
n
a
ri
to
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s. 45

PART 5—AMENDMENTS TO THE VETERINARY PRACTICE

ACT 1997

ts

n 45. Amendment of definitions

e	See:	In section 3 of the Veterinary Practice Act
Act No.
m	58/1997	1997—
u	and
c	amending	(a) insert the following definition—
o	Act Nos

46/1998,	' "Secretary" means the person who is, for
D	52/1998,
101/1998 and	the time being, the Department Head
ry	11/2002.	(within the meaning of the Public
LawToday:
ta		Sector Management and
dpc.vic.	Employment Act 1998) of the
n	gov.au
e	Department of Primary Industries;';
m	(b) after paragraph (f) of the definition of
ia	"unprofessional conduct" insert—
rl	"(g) influencing or attempting to influence
a	the conduct of a veterinary practice in
P	such a way that an animal's well-being
d	may be compromised;
n
a	(h) the contravention of or failure to comply with a condition, limitation or
n
o	restriction on the registration of a
ti	veterinary practitioner imposed by or
la	under this Act;".
is	46. Grounds for refusal of registration
g	After section 6(2)(f) of the Veterinary Practice
e
L	Act 1997 insert—
"(fa) that the applicant's competency in speaking
n
a	and communicating in English is not
ri	sufficient for that person to practise as a
to	registered veterinary practitioner;
ic	(fb) that, in the case of an applicant in respect of
V	whom a determination of a panel has been made under section 45(2A)(a)(i), that the

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applicant has not undergone the counselling

as specified in the determination of the

ts	panel;
n	(fc) that, in the case of an applicant in respect of
e	whom a determination of a panel has been
m	made under section 45(2A)(a)(ii), that the
u	applicant has not undertaken further
c	education in accordance with the
o	determination of the panel;
D	(fd) that, in the case of an applicant in respect of
ry	whom a determination of a panel has been
ta	made under section 45(2A)(d), that the
period for which the applicant is not entitled
n
e	to re-apply for registration has not expired;".
m	47. Insertion of new section 7A
ia	After section 7 of the Veterinary Practice Act
rl	1997 insert—
a
P	"7A. Non-practising registration
d	(1) The Board may grant or refuse to grant
n	registration as a non-practising veterinary
a	practitioner to an applicant if the applicant—
n	(a) is qualified for general registration; and
o
ti	(b) the applicant has satisfied the Board
la	that he or she does not intend to
is	practice as a veterinary practitioner for
g	the period of the registration.
e	(2) A grant of non-practising registration under
L	this section is subject to any conditions,
n	limitations or restrictions imposed by the
a
ri	Board on the registration.
to
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(3) The Board may, of its own motion, or on the

application by a veterinary practitioner granted registration as a non-practising

ts	veterinary practitioner, amend, vary or
n	revoke any condition, limitation or
e	restriction imposed under sub-section (2).".
m
u	48. Endorsement of registration as a specialist
c	practitioner
o	After section 8(3) of the Veterinary Practice Act
D	1997 insert—
ry	"(3A) The Board may refuse to grant an
ta	endorsement of the general registration of
n	the veterinary practitioner on the ground that,
e	in the case of an applicant in respect of
m	whom a determination of a panel has been
ia	made under section 45(2A)(f), the period for
rl	which the applicant is not entitled to re-apply
a	for the endorsement has not expired.".
P	49. Particulars on the Register
d
n	For section 16(3)(a) of the Veterinary Practice
a	Act 1997 substitute—
n	"(a) the postal address of the practitioner;
o
ti	(aa) the address of the premises where the
la	practitioner carries on veterinary practice;".
is	50. Substitution of section 20
g	For section 20 of the Veterinary Practice Act
e	1997 substitute—
L
"20. Complaints about the conduct of
n
a	registered veterinary practitioners
ri	A person may make a complaint to the Board
to	about the professional conduct of a person
ic	who is or was, at the time the conduct took
V	place, a registered veterinary practitioner.".

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51. Duty of Board to investigate complaints

In section 21(1) of the Veterinary Practice Act

ts	1997 for "a registered veterinary practitioner"
n	substitute "the practitioner about whom the
e	complaint has been made".
m	52. Recommendations of Board on preliminary
u	investigation
c
o	In section 22(1) of the Veterinary Practice Act
D	1997—

ry	(a)	at the end of paragraph (b), for "matter."
ta	substitute "matter; or";

n	(b) after paragraph (b) insert—
e	"(c) that a preliminary investigation be
m	commenced under section 25.".
ia
rl	53. Substitution of section 23
a	For section 23 of the Veterinary Practice Act
P	1997 substitute—
d	"23. Power of Board to institute a hearing into
n	professional conduct
a
n	The Board may, of its own motion,
o	determine to conduct a formal or informal
ti	hearing into the professional conduct of a
la	person who is or was, at the time the conduct
is	took place, a registered veterinary
g	practitioner, without conducting a
e	preliminary investigation.".
L	54. Commencement of preliminary investigation
n
a	In section 25 of the Veterinary Practice Act
ri	1997—

to	(a)	for "veterinary practitioner" (where first
ic	occurring) substitute "registered veterinary
V	practitioner";

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(b) after "one of its members" insert "or a registered medical practitioner".

ts	55. Examination as to health of veterinary practitioner
n	(1) Insert the following heading to section 27 of the
e	Veterinary Practice Act 1997—
m
u	"Examination as to health of practitioner".
c	(2) In section 27(1) of the Veterinary Practice Act
o	1997, for "registered medical practitioner"
D	substitute "registered practitioner".
ry	(3) In section 27(2) of the Veterinary Practice Act
ta	1997, for "registered medical practitioner"
n	(wherever occurring) substitute "registered
e	practitioner".
m	(4) After section 27(3) of the Veterinary Practice
ia	Act 1997 insert—
rl	'(4) A person appointed to conduct the
a
P	preliminary investigation under section 25 must not perform a medical examination
d	under this section.
n
a	(5) In this section "registered practitioner"
n	means—
o
ti	(a) a registered medical practitioner; or
la	(b) a registered psychologist within the
is	meaning of the Psychologists
g	Registration Act 2000; or
e	(c) a registered physiotherapist within the
L	meaning of the Physiotherapists
n	Registration Act 1998; or
a

ri	(d)	a registered osteopath within the
to	meaning of the Osteopaths
Registration Act 1996; or
ic
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(e) a registered chiropractor within the meaning of the Chiropractors

ts	Registration Act 1996.'.
n	56. Report of examination
e	(1) In section 28(1) of the Veterinary Practice Act
m	1997 for "the member of the Board" substitute
u	"the person".
c
o	(2) In section 28(4) of the Veterinary Practice Act
D	1997, after "another veterinary practitioner" insert
ry	"or another registered medical practitioner".
ta	57. Revocation of suspension or conditions etc. on

registration

n

e	In section 32 of the Veterinary Practice Act
m	1997—
ia	(a) after "imposed" insert "under this Part";
rl	(b) after "suspension" insert "under this Part".
a
P	58. Establishment and notification of informal hearing
d	In section 34 of the Veterinary Practice Act
n	1997—
a

(a) for "a registered veterinary practitioner"

n

o	substitute "a person who is, or was at the
ti	time the conduct took place, a registered
la	veterinary practitioner";
is	(b) for paragraph (c) substitute—
g	"(c) by registered post, serve a notice, which complies with section 36, on the person who is the subject of the hearing; and".
e
L
n
a
ri
to
ic
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59. Appointment of non Board members to Panel

(1) For section 35(2) of the Veterinary Practice Act

ts	1997 substitute—
n	"(2) If—
e

(a) the Board is unable to appoint a panel

m

u	because there are not enough members
c	available to sit on it; or
o	(b) the Board is of the opinion that a person
D	with special expertise is required for the
ry	hearing—
ta	the President or (if the President is unable to
n	act) the Deputy President of the Board may
e	appoint persons who are not members of the
m	Board but who are approved by the Governor
ia	in Council under sub-section (4) to fill the
rl	vacant positions on the panel.
a	(2A) Despite sub-section (2), at least one member
P	of a panel must be a member of the Board.".
d	(2) After section 35(3) of the Veterinary Practice
n
a	Act 1997 insert—
n	"(4) The Governor in Council, on the
o	recommendation of the Minister, may
ti	approve persons who are not members of the
la	Board to be eligible to be appointed to a
is	panel under sub-section (2).".
g	60. Findings and determinations of an informal hearing
e
L	(1) In section 38(1) of the Veterinary Practice Act
n	1997, for "the veterinary practitioner" (wherever
a	occurring) substitute "the person who is the
ri	subject of the hearing".
to	(2) In section 38(2) of the Veterinary Practice Act
ic	1997—

V (a) after "If" insert ", in the case of a registered veterinary practitioner,";

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(b) after paragraph (a) insert—

"(aa) that the veterinary practitioner

ts	undertake further education of the kind
n	stated in the determination and to
e	complete it within the period specified
m	in the determination;".
u	(3) After section 38(2) of the Veterinary Practice
c	Act 1997 insert—
o
D	"(3) If, in the case of a person who has ceased to be a registered veterinary practitioner, the
ry	panel finds that the person, whether by act or
ta	omission engaged in unprofessional conduct
n	which is not of a serious nature, the panel
e	may make one or more of the following
m	determinations—
ia	(a) that the person is not entitled to re-
rl	apply for registration unless the
a	person—
P

(i) has undergone counselling; or

d

n	(ii) has undertaken further education
a	of the kind stated in the
n	determination and completed it
o	within the period specified in the
ti	determination;
la	(b) that the person be cautioned;
is	(c) that the person be reprimanded.".
g
e	61. Appointment of non Board members to panel
L

(1) For section 42(2) of the Veterinary Practice Act

n

1997 substitute—

a
ri

"(2) If—

to	(a) the Board is unable to appoint a panel
ic	because there are not enough members
V	available to sit on it; or

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(b) the Board is of the opinion that a person with special expertise is required for the

ts	hearing—
n	the President or (if the President is unable to
e	act) the Deputy President of the Board may
m	appoint persons who are not members of the
u	Board but who are approved by the Governor
c	in Council under sub-section (4) to fill the
o	vacant positions on the panel.
D	(2A) Despite sub-section (2), at least one member
ry	of a panel must be a member of the Board.".
ta	(2) After section 42(3) of the Veterinary Practice
n	Act 1997 insert—
e	"(4) The Governor in Council, on the
m	recommendation of the Minister, may
ia	approve persons who are not members of the
rl	Board to be eligible to be appointed to a
a	panel under sub-section (2).".
P

62. Insertion of new sections 43A and 43B

d

n	After section 43 of the Veterinary Practice Act
a	1997 insert—
n	"43A. Preliminary conferences
o
ti	(1) The Board may, at any time before a formal
la	hearing, require the person who is the subject
is	of the hearing to attend one or more
g	preliminary conferences with a person
e	appointed by the Board.
L	(2) The Board must not appoint a person who is
n	a member of the Board or a hearing panel to
a
ri	conduct a preliminary conference.
to	(3) The functions of a preliminary conference
ic	are to—

(a) identify and clarify the nature of the issues in dispute in the matter;

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(b) identify the issues to be considered or determined by the panel;

ts	(c)	allow guidance to be given concerning
n	the conduct of the matter.

e	(4) The Board must give notice of the
m	preliminary conference to the person who is
u	the subject of the hearing.
c
o	(5) A preliminary conference must be held in
D	private unless the person presiding directs
ry	otherwise.
ta	(6) Except as provided for in this section, the

procedure for a preliminary conference is at

n

e	the discretion of the person presiding.
m	43B. Requirements as to attendance at
ia	preliminary conference
rl	The Board may require a person who is the
a	subject of a formal hearing to attend a
P	preliminary conference either personally or
d	by a representative.".
n	63. Findings and determinations of a formal hearing
a

into conduct

n

o	(1) In section 45(1) of the Veterinary Practice Act
ti	1997—
la	(a) after "formal hearing" insert "under
is	section 44";
g
e	(b) for "a registered veterinary practitioner"
L	substitute "a person";
n	(c) for "the veterinary practitioner" (wherever
a
ri	occurring) substitute "the person".
to	(2) In section 45(2) of the Veterinary Practice Act

1997, after "If" insert ", in the case of a registered

ic	veterinary practitioner,".
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(3) After section 45(2) of the Veterinary Practice Act 1997 insert—

ts	"(2A) If, in the case of a person who has ceased to
n	be a registered veterinary practitioner, the
e	panel finds that the person, whether by act or
m	omission engaged in unprofessional conduct
u	of a serious nature, the panel may make one
c	or more of the following determinations—
o	(a) that the person is not entitled to re-
D	apply for registration unless the
ry	person—
ta	(i) has undergone counselling; or
n	(ii) has undertaken further education
e	of the kind stated in the
m	determination and completed it
ia	within the period specified in the
rl	determination;
a
P	(b) that the person be cautioned;
d	(c) that the person be reprimanded;
n	(d) that the person is not entitled to re- apply for registration for the period
a
n	specified by the panel in the
o
ti	determination;
la	(e) that the person is not entitled to apply
is	for endorsement of registration as a
g	specialist practitioner for the period
e	specified by the panel in the
L	determination.".
n	64. Findings and determinations of a formal hearing
a
ri	into ability to practise
to	(1) In section 46(1) of the Veterinary Practice Act
ic	1997—

(a) after "formal hearing" insert "under

V

section 44";

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(b) for "a registered veterinary practitioner" substitute "a person";

ts	(c)	for "the veterinary practitioner" (wherever
n	occurring) substitute "the person".

e	(2) In section 46(2) of the Veterinary Practice Act
m	1997, after "If" insert ", in the case of a registered
u	veterinary practitioner,".
c
o	(3) After section 46(2) of the Veterinary Practice
D	Act 1997 insert—
ry	"(3) If, in the case of a person who has ceased to
ta	be a registered veterinary practitioner, the
panel makes a finding under sub-section
n	(1)(a), the panel may make the determination
e	that, if the person re-applies for registration,
m	the condition, limitation or restriction
ia	specified in the determination be imposed on
rl	the registration of the person.".
a
P	65. Notifications by Board
d	In section 52(1) of the Veterinary Practice Act
n	1997—
a

(a) in paragraph (d), for "veterinary

n	practitioner—" substitute "veterinary
o
ti	practitioner;";
la	(b) after paragraph (d) insert—
is	"(da) that a person is not entitled to re-apply
g	for general registration as a veterinary
e	practitioner for a specified period;
L

(db) that a person is not entitled to re-apply

n

a	for endorsement as a specialist
ri	practitioner for a specified period—";
to	(c) for "the Board may give notice" substitute
ic	"the Board must give notice".
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66. Insertion of new section 58A

After section 58 of the Veterinary Practice Act

ts	1997 insert—
n	"58A. Offence to direct or incite unprofessional
e	conduct
m	(1) A person who employs a registered
u
c	veterinary practitioner must not direct or
o	incite the practitioner to do anything, in the
D	course of veterinary practice, that would
ry	constitute unprofessional conduct.
ta	Penalty:  For a natural person, 200 penalty

units for a first offence or

n	400 penalty units for a second or
e	subsequent offence.
m
ia	For a body corporate, 400 penalty
rl	units for a first offence or
a	800 penalty units for a second or
P	subsequent offence.
d	(2) If a court convicts or finds a person guilty of
n	an offence against this section, the Clerk or
a	other proper officer of the court must notify
n	the Secretary, in writing, of the conviction or
o
ti	finding.".
la	67. Further amendments to the Veterinary Practice Act
is	1997
g	The Veterinary Practice Act 1997 is amended as
e	set out in the Schedule.
L	__________________
n
a
ri
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ic
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Sch.

SCHEDULE

ts	Section 67
n
e	CONSEQUENTIAL AMENDMENTS TO THE VETERINARY
m	PRACTICE ACT 1997
u
c	In section 36 of the Veterinary Practice Act 1997—
o	(a) in paragraph (a), for "the veterinary practitioner" substitute "the
D	person who is the subject of the hearing";
ry	(b)

in paragraph (c), for "the veterinary practitioner" substitute "the

person who is the subject of the hearing";

ta	(c)	in paragraph (d), for "the veterinary practitioner" substitute "the
n	person who is the subject of the hearing".

e	In section 37(b) of the Veterinary Practice Act 1997 for "the veterinary
m	practitioner" substitute "the person".
ia
rl	In section 39 of the Veterinary Practice Act 1997—
(a) in paragraph (a), for "the veterinary practitioner" substitute "the
a	person";
P

(b) in paragraph (b), for "the veterinary practitioner" substitute "the

d	person who is the subject of the hearing".
n
a	In section 40 of the Veterinary Practice Act 1997, for "the veterinary practitioner" substitute "the person".
n
o
ti
In section 41 of the Veterinary Practice Act 1997—
(a) in paragraph (b), for "a veterinary practitioner" substitute "a person";
la	(b) in paragraph (f), for "the veterinary practitioner" substitute "the
is	person who is the subject of the hearing".
g	In section 43(a) of the Veterinary Practice Act 1997, for "the veterinary
e	practitioner" substitute "the person who is the subject of the hearing".
L	In section 44(b) of the Veterinary Practice Act 1997, for "the veterinary
n	practitioner" substitute "the person".
a
ri	In section 51(1) of the Veterinary Practice Act 1997, for "the veterinary practitioner" substitute "the person".
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Animals Legislation (Animal Welfare) Act 2003

Act No. 103/2003

Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 15 October 2003
e
Legislative Council: 6 November 2003
m
u	The long title for the Bill for this Act was "to amend the Domestic (Feral
c	and Nuisance) Animals Act 1994, the Meat Industry Act 1993, the
o	Ombudsman Act 1973, the Prevention of Cruelty to Animals Act 1986
D	and the Veterinary Practice Act 1997 and for other purposes."
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