Domestic Animals Amendment Regulations 2019 (Vic)
Domestic Animals Amendment Regulations 2019
S.R. No. 36/2019
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6Prescribed application fees for applicable organisation approval and dog obedience training organisation approval
7Form of annual report to be submitted to the Minister and report for renewal application by an applicable organisation
8Form of report for application for a dog obedience training organisation approval
9Form of annual report to be submitted to the Minister and report for renewal application by an approved dog obedience training organisation
10Prescribed identifying information
11Offence to remove permanent identification devices
12Licence holder to notify owner of certain matters
13Amending information in records
14Pet shop records
15Application for grant of commercial dog breeder approval
16Application for renewal of commercial dog breeder approval
17Fee for application for grant or renewal of commercial dog breeder approval
18Report to be submitted by approved commercial dog breeder
19Conditions of animal sale permit
20New Part 3C inserted
21Amendment of heading to regulation 51
22Amendment of Schedule 5
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Endnotes
STATUTORY RULES 2019
S.R. No. 36/2019
Domestic Animals Act 1994
Domestic Animals Amendment Regulations 2019
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 28 May 2019
Responsible Minister:
JACLYN SYMES
Minister for AgriculturePIETA TAVROU
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Domestic Animals Regulations 2015 to prescribe—
(a)matters to be contained in the information register; and
(b)matters relating to reporting requirements for applicable organisations and approved dog obedience training organisations; and
(c)matters relating to commercial dog breeders' approvals and reporting requirements; and
(d)matters relating to the conditions on animal registry licences; and
(e)matters relating to pet shop records; and
(f)infringement penalties; and
(g)other miscellaneous matters for the purposes of the Domestic Animals Act 1994.
2Authorising provision
These Regulations are made under section 100 of the Domestic Animals Act 1994.
3Commencement
(1)These Regulations (except regulations 10, 14 and 22(2)) come into operation on 3 June 2019.
(2)Regulations 10, 14 and 22(2) come into operation on 1 July 2019.
4Principal Regulations
In these Regulations, the Domestic Animals Regulations 2015[1] are called the Principal Regulations.
5Definitions
(1)The definition of reporting period in regulation 5 of the Principal Regulations is revoked.
(2)Insert the following definition in regulation 5 of the Principal Regulations—
"specified dog details in relation to a dog means the following details—
(a)the name of the dog;
(b)the unique identification number of the permanent identification device implanted in the dog;
(c)the sex of the dog;
(d)the breed of the dog;
(e)the colour of the dog;
(f)the birth date or age of the dog;
(g)the sex and reproductive status of the dog;
(h)the date that the dog was acquired (if purchased) or brought onto a property for breeding;
(i)the date of the last vaccination and worming of the dog;
(j)if the dog is female—
(i)the date of any mating of the dog; and
(ii)the name, unique identification number of the permanent identification device implanted in, and breed of, any male dog mated with the dog; and
(iii)the litter number of each litter of the dog; and
(iv)the date of birth of any offspring of the dog and the number and sex of each offspring born alive or dead by the dog; and
(v)the date of the most recent breeding clearance certificate for the dog required under a relevant business code of practice; and
(vi)the date of the last general health check of the dog required under a relevant business code of practice;
(k)if the dog is male—
(i)the date of any mating of the dog; and
(ii)the date of the last general health check of the dog required under a relevant business code of practice;
(l)the retirement date of the dog if applicable;
(m)the date of disposal of the dog and the method of disposal of the dog if applicable.".
6Prescribed application fees for applicable organisation approval and dog obedience training organisation approval
After regulation 5A(3) of the Principal Regulations insert—
"(4)The Minister may waive in whole or in part a fee payable under subregulation (1), (2) or (3), if the Minister is of the opinion that special circumstances apply in a particular case.".
7Form of annual report to be submitted to the Minister and report for renewal application by an applicable organisation
(1)In regulation 5C(1) and (2) of the Principal Regulations, for "reporting period" (wherever occurring) substitute "reporting period for the report".
(2)For regulation 5C(2)(c) of the Principal Regulations substitute—
"(c)a copy of the education and training program used by the organisation for the reporting period to inform members that they must comply with the Act and the Prevention of Cruelty to Animals Act 1986 and any other laws relating to the keeping of dogs or cats;
(ca)a copy of the training calendar proposed to be used by the organisation for the next year to inform members that they must comply with the Act, the Prevention of Cruelty to Animals Act 1986 and any other laws relating to the keeping of dogs or cats;".
(3)After regulation 5C(2) of the Principal Regulations insert—
"(3)In this regulation—
reporting period means—
(a)in the case of a report for the purposes of section 5C(2)(a) of the Act, the period specified by the Minister, which must not exceed the period of the previous approval; and
(b)in the case of a report for the purposes of section 5D(a) of the Act, the previous financial year.".
8Form of report for application for a dog obedience training organisation approval
For regulation 5D(2)(i) of the Principal Regulations substitute—
"(i)a copy of the education and training program used by the organisation in the previous year to inform members that they must comply with the Act, the Prevention of Cruelty to Animals Act 1986 and any other laws relating to the keeping of dogs or cats;
(j)a copy of the training calendar proposed to be used by the organisation for the next year to inform members that they must comply with the Act, the Prevention of Cruelty to Animals Act 1986 and any other laws relating to the keeping of dogs.".
9Form of annual report to be submitted to the Minister and report for renewal application by an approved dog obedience training organisation
(1)In regulation 5E(1) and (2) of the Principal Regulations, for "reporting period" (wherever occurring) substitute "reporting period for the report".
(2)For regulation 5E(2)(c) of the Principal Regulations substitute—
"(c)a copy of the education and training program used by the organisation for the previous year to inform members that they must comply with the Act, the Prevention of Cruelty to Animals Act 1986 and any other laws relating to the keeping of dogs or cats;
(ca)a copy of the training calendar proposed to be used by the organisation for the next year to inform members that they must comply with the Act, the Prevention of Cruelty to Animals Act 1986 and any other laws relating to the keeping of dogs;".
(3)After regulation 5E(2) of the Principal Regulations insert—
"(3)In this regulation—
reporting period means—
(a)in the case of a report for the purposes of section 5C(2)(a) of the Act, the period specified by the Minister, which must not exceed the period of the previous approval; and
(b)in the case of a report for the purposes of section 5D(a) of the Act, the previous financial year.".
10Prescribed identifying information
After regulation 12(a)(v) of the Principal Regulations insert—
"(va)the source number of the breeder of any dog or cat born after 1 July 2020 or, if the breeder of the dog or cat cannot be identified, the source number of the Council pound, animal shelter, pet shop or foster carer that owns the dog or cat;".
11Offence to remove permanent identification devices
For regulation 21(2) of the Principal Regulations substitute—
"(2)A veterinary practitioner must not remove a permanent identification device from a prescribed animal unless—
(a)the practitioner reasonably considers the removal of the device to be necessary for therapeutic reasons; or
(b)the practitioner has been ordered to remove the device by an order of the Court.
Penalty:5 penalty units.".
12Licence holder to notify owner of certain matters
For regulation 36(1)(b) of the Principal Regulations substitute—
"(b)if provided to the licence holder, provide an authorised officer appointed under section 71 of the Act with the name and telephone number of the person who presented the animal for implantation.".
13Amending information in records
(1)In regulation 41(1)(c)(i) of the Principal Regulations, for "in accordance with subregulation (2)" substitute "and a declaration from the new owner that they own the animal".
(2)For regulation 41(2) of the Principal Regulations substitute—
"(2)The licence holder must comply with the following requirements relating to the amendment under subregulation (1) of the identifying information contained in a record kept and maintained by the licence holder in relation to a prescribed animal—
(a)the licence holder must amend the record within 7 business days after receiving an application to amend the record under subregulation (1)(a) or (b);
(b)the licence holder must notify the current owner of the animal under subregulation (1)(c)(ii) within 7 business days after receiving both an application to change the ownership of the animal and a declaration referred to in subregulation (1)(c)(i);
(c)the licence holder must amend the record to change the ownership of the animal within 7 business days after the 14 day period referred to in subregulation (1)(c)(ii);
(d)the licence holder must amend the record to change the ownership of the animal within 7 business days after receiving an application to change the ownership of the animal under subregulation (1)(d);
(e)the licence holder must amend the record to change the ownership of the animal within 7 business days after receiving both an application to change the ownership of the animal and a copy of the order of a court or VCAT referred to in subregulation (1)(e).".
(3)After regulation 41(4) of the Principal Regulations insert—
"(5)If the licence owner has amended a record kept in relation to a prescribed animal to change the ownership of that animal under this regulation, the licence holder must provide the new owner of the animal with a certificate of identification that complies with regulation 34(2), within 7 business days after amending the record.".
14Pet shop records
(1)In regulation 48(1)(f) of the Principal Regulations, after "number" insert "and source number".
(2)For regulation 48(1)(h) of the Principal Regulations substitute—
"(h)if the pet shop proprietor obtained the dog or cat from a registered foster carer, evidence of that registration from the relevant Council; and".
15Application for grant of commercial dog breeder approval
(1)In regulation 48A(1)(e) of the Principal Regulations, for "premises" substitute "premises;".
(2)After regulation 48A(1)(e) of the Principal Regulations insert—
"(f) the number of dogs being kept or proposed to be kept on the business premises;
(g)the number of relevant fertile female dogs being kept or proposed to be kept on the business premises;
(h)the number of breeding males being kept or proposed to be kept on the business premises;
(i) the specified dog details of each dog kept on the business premises at the time of application.".
(3)In regulation 48A(2)(a) of the Principal Regulations for "dog" substitute "breed of dog".
16Application for renewal of commercial dog breeder approval
(1)In regulation 48B(1)(e) of the Principal Regulations, for "premises." substitute "premises;".
(2)After regulation 48(B)(1)(e) of the Principal Regulations insert—
"(f) the number of dogs being kept or proposed to be kept on the business premises over the next 3-year period;
(g)the number of relevant fertile female dogs being kept or proposed to be kept on the business premises over the next 3-year period;
(h) the number of breeding males being kept or proposed to be kept on the business premises over the next 3-year period;
(i)the specified dog details of each dog kept on the business premises at the time of application.".
(3)In regulation 48B(2)(a) of the Principal Regulations, for "dog" substitute "breed of dog".
17Fee for application for grant or renewal of commercial dog breeder approval
At the end of regulation 48C of the Principal Regulations insert—
"(2)The Minister may waive in whole or in part a fee payable under subregulation (1), if the Minister is of the opinion special circumstances apply in a particular case.".
18Report to be submitted by approved commercial dog breeder
(1)For regulation 48D(k) of the Principal Regulations substitute—
"(k)the specified dog details for each dog kept on the premises during the reporting period;
(l) the details of any changes to any information provided under regulation 48A(2) or 48B(2);
(m)a copy of an agreement with a veterinary practitioner to provide veterinary services to the business if the provider has changed since giving information under regulation 48A(2) or 48B(2);
(n) a copy of the current certificate of public liability insurance for the breeding domestic animal business.".
(2)At the end of regulation 48D of the Principal Regulations insert—
"(2)In this regulation—
reporting period means the period specified by the Minister, which must not exceed a period of the previous approval.".
19Conditions of animal sale permit
(1)In regulation 48H(c) of the Principal Regulations, for "honoured." substitute "honoured;".
(2)After regulation 48H(c) of the Principal Regulations insert—
"(d)the permit holder must ensure that an emergency evacuation plan is prominently displayed at all times during the animal sale at the place of sale;
(e)the permit holder or nominee must produce the animal sale permit when requested by a Council authorised officer or a restricted authorised officer.".
20New Part 3C inserted
After Part 3B of the Principal Regulations insert—
"Part 3C—Information register and source numbers
48J Information to be given to the Secretary
For the purposes of section 68Q(1)(j) of the Act the following matters are prescribed—
(a)for the proprietor of a registered domestic animal business—
(i)details of any condition that has been imposed by the relevant Council under section 47(2) or 52(4) of the Act; and
(ii)details of any notice to comply issued to the proprietor under section 76A of the Act; and
(iii)details of any infringement notice issued to the proprietor under section 85(1) of the Act; and
(iv)details of any offence against the Act or these Regulations with which the proprietor has been charged but which did not lead to a conviction or finding of guilt;
(b)in the case of any natural person who applies for a source number under section 68P of the Act, the date of birth of the applicant.
48KFee for an application for source numbers or renewal of source numbers
For the purposes of section 68ZD(3)(b)(i) of the Act, the prescribed fee is—
(a)for the period beginning on 3 June 2019 and ending on 30 June 2020—nil fee units; and
(b)on and from 1 July 2020—1∙5 fee units.
48LApplication for source numbers or renewal of source numbers
For the purposes of section 68ZD(3)(b)(ii) of the Act, a person or body who applies for a source number or renewal of a source number must provide with the application, evidence to verify the name, business address or residential address of the person or body (as the case requires).
48MGrounds for refusal to issue or suspension or revocation
For the purposes of section 68ZF(d) of the Act, the Secretary may decide not to issue a source number to a person or body or may suspend or revoke a source number issued to a person or body for the following reasons—
(a)the person or body cannot verify their identity; or
(b)if the person's or body's membership of an applicable organisation is no longer valid.".
21Amendment of heading to regulation 51
For the heading to regulation 51 of the Principal Regulations substitute "Infringement offences against the Regulations and infringement penalties".
22Amendment of Schedule 5
(1)In the heading to Table 1 in Schedule 5 to the Principal Regulations, after "Infringement" insert "penalties for".
(2)For items 5 and 6 of Table 1 of Schedule 5 to the Principal Regulations substitute—
"5 s. 12B Natural person—1 penalty unit 6 s. 12C Natural person—1 penalty unit
Body corporate—4 penalty units".
(3)After item 52L of Table 1 of Schedule 5 to the Principal Regulations insert—
"52LA s. 63AE(1) Body corporate—10 penalty units
In any other case—2 penalty units".
(4)In the heading to Table 2 in Schedule 5 to the Principal Regulations after "Regulations" insert "and infringement penalties".
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Endnotes
[1] Reg. 4: S.R. No. 136/2015 as amended by S.R. Nos 165/2015, 1/2018 and 35/2018.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2018 is $14.45 and for the financial year commencing 1 July 2019 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19 and for the financial year commencing 1 July 2019 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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