Primary Industries Acts (Further Amendment) Act 2005 (Vic)
Primary Industries Acts (Further Amendment) Act 2005
Act No. 76/2005
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY MATTERS
1.Purposes
2.Commencement
PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994
3.Definitions
4.Penalty for failure to declare restricted breed dog
5.Insertion of sections 10A and 10B
10A.Council may refuse to register dogs and cats unless desexed
10B.Dogs and cats that are exempt from desexing
6.Insertion of new section 10C
10C.Council must not register or renew registration of certain dogs unless permanently identified
7.Substitution of section 10C and insertion of section 10D
10C.Refusal of registration of dogs and cats unless permanently identified
10D.Dogs and cats that are exempt from permanent identification
8.Insertion of section 12A and substitution of section 13
12A.Dogs and cats must be permanently identified before sale or being given away
13.Notification of sale by domestic animal business
9.Application for registration or renewal of registration
10.Registration fees
11.Substitution of section 16
16.Registration of dogs and cats other than dangerous or restricted breed dogs
12.Registration of dangerous and restricted breed dogs
13.Cats found at large
14.Insertion of section 33A
33A.Council animal shelters and pounds must accept surrendered animals
15.Insertion of section 41EA
41EA.Prohibition on keeping a restricted breed dog
16.Repeal of Division heading
17.Substitution of section 58
58.Revocation or suspension of registration of animal shelter or pound by Minister
18.Insertion of heading to Division 3A of Part 4
19.Substitution of section 63A
63A.Non-compliance with Code of Practice an offence
20.Insertion of Part 5A
PART 5A—DOMESTIC ANIMAL MANAGEMENT PLANS
68A.Councils to prepare domestic animal management plans
21.Seizure of dogs and cats
22.New offences prescribed for infringement notices
23.New penalty for giving false information
24.Regulations
25.Amendments to Schedule
PART 3—AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
26.Definition
27.Amendments to cruelty offences
28.Serious offences
29.Permits to operate rodeos or rodeo schools
30.References to owner or person in charge
31.Taking of samples of animals and things
32.Additional search warrant power
33.Insertion of sections 21CA and 21CB
21CA.Disposal of seized abandoned animal
21CB.Certain sale and destruction provisions to apply to animals seized under section 21A
34.Substitution of section 24A
24A.Minister may authorise seizure of animals
35.Substitution of section 24H
24H.Retention, return and disposal of seized animal
36.Insertion of new section 24IA
24IA.Certain sale and destruction provisions to apply to animals seized under section 24E
37.Notice to comply
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ENDNOTES
Primary Industries Acts (Further Amendment) Act 2005
[Assented to 2 November 2005]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY MATTERS
1.Purposes
The main purposes of this Act are—
(a)to amend the Domestic (Feral and Nuisance) Animals Act 1994—
(i)to provide for the desexing and the permanent identification of dogs and cats; and
(ii)to prohibit the keeping of restricted breed dogs; and
(iii)to prohibit the sale of dogs and cats unless they are permanently identified; and
(iv)to require Councils to prepare domestic animal management plans; and
(v)to generally improve the administration and enforcement provisions of that Act; and
(b)to amend the Prevention of Cruelty to Animals Act 1986—
(i)to amend the provisions relating to the issue of permits for rodeos and rodeo schools; and
(ii)to generally improve the administration and enforcement provisions of that Act.
2.Commencement
(1)This Act (except sections 6, 7, 8, 9(2), 21(6), 22, 24 and 29) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Section 7 comes into operation on 1 May 2007.
(3)Subject to sub-section (4), sections 6, 8, 9(2), 21(6), 22, 24 and 29 come into operation on a day or days to be proclaimed.
(4)If a provision referred to in sub-section (3) does not come into operation before 1 July 2006, it comes into operation on that day.
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PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994
3.Definitions
In section 3(1) of the Domestic (Feral and Nuisance) Animals Act 1994, in the definitions of "domestic animal business" and "pound", for "dogs and cats" substitute "dogs or cats".
4.Penalty for failure to declare restricted breed dog
For the penalty at the foot of section 10(3) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Penalty: 10 penalty units.".
5.Insertion of sections 10A and 10B
After section 10 of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"10A.Council may refuse to register dogs and cats unless desexed
(1)A Council may resolve that it will not, after a specified future date, register or renew the registration of a dog or cat unless the dog or cat—
(a)is desexed; or
(b)is exempted under this Act from any requirement to be desexed.
(2)A Council may resolve to amend or revoke any resolution made under this section.
(3)If a Council makes a resolution under this section—
(a)it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and
(b)it must give effect to the resolution.
(4)A Council must not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog—
(a)is desexed; or
(b)is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed.
10B.Dogs and cats that are exempt from desexing
(1)The following dogs and cats do not have to be desexed to be registered or to have their registration renewed by a Council—
(a)a dog or cat that is owned by a person or body that conducts a domestic animal business under which dogs or cats are bred and the dog or cat is used for breeding purposes in connection with that business;
(b)a dog or cat that is owned by a person who is a current member of an applicable organisation and the animal is registered with that organisation;
(c)a dangerous dog that is kept as a guard dog for non-residential premises;
(d)a dangerous dog that has undergone protection training in accordance with any relevant Code of Practice made under section 59;
(e)a dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is desexed;
(f)a dog or cat that is of a class of dog or cat that is exempt under a resolution made under section 10A from a requirement to be desexed.
(2)A Council may, in any resolution made under section 10A, exempt a class of dog or cat from any requirement to be desexed for the purposes of registration or the renewal of registration.
(3)Sub-section (2) does not apply to a dangerous dog or a restricted breed dog.".
6.Insertion of new section 10C
After section 10B of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"10C.Council must not register or renew registration of certain dogs unless permanently identified
A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device.".
7.Substitution of section 10C and insertion of section 10D
For section 10C of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"10C.Refusal of registration of dogs and cats unless permanently identified
(1)A Council must not register a dog or cat unless the dog or cat—
(a)has been implanted with a prescribed permanent identification device; or
(b)is of a class of dog or cat that is exempt, under a resolution made under section 10D(3), from the requirement to be implanted with such a device; or
(c)is otherwise exempted under this Act from the requirement to be implanted with such a device; or
(d)subject to sub-section (2), has previously been registered with that Council at any time in the 12 month period immediately before the application for registration was lodged.
(2)Sub-section (1)(d) does not apply if a resolution of the Council under sub‑section (3) is in effect under which dogs or cats of the same class as the dog or cat are required to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration.
(3)A Council may resolve that it will not, after a specified future date, renew the registration of any dog or cat unless the dog or cat—
(a)has been implanted with a prescribed permanent identification device; or
(b)is exempted under this Act from any requirement to be implanted with such a device.
(4)A Council may resolve to amend or revoke any resolution made under this section.
(5)If a Council makes a resolution under this section—
(a)it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and
(b)it must give effect to the resolution.
(6)A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device.
10D.Dogs and cats that are exempt from permanent identification
(1)This section does not apply to a dangerous dog, a menacing dog or a restricted breed dog.
(2)A dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is implanted with a prescribed permanent identification device is exempt from any requirement to be so implanted for the purposes of registration or the renewal of registration.
(3)A Council may resolve that a class of dog or cat is exempted from any requirement to be implanted with a prescribed permanent identification device for the purposes of registration.
(4)A Council may, in any resolution made under section 10C, exempt a class of dog or cat from any requirement to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration.
(5)A Council may resolve to amend or revoke any resolution made under this section.
(6)If a Council makes a resolution under this section—
(a)it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and
(b)it must give effect to the resolution.".
8.Insertion of section 12A and substitution of section 13
For section 13 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"12A.Dogs and cats must be permanently identified before sale or being given away
The proprietor of a domestic animal business must not sell, or give away, a dog or cat unless the dog or cat has been implanted with a prescribed permanent identification device.
Penalty:10 penalty units.
13.Notification of sale by domestic animal business
If the proprietor of a domestic animal business sells, or gives away, a dog or cat which is not registered, he or she must notify the Council with which the animal should be registered, within 7 days after the sale or the giving away of the animal, of—
(a)the sale, or the giving away of the animal; and
(b)a description of the animal; and
(c)the name and address of the new owner of the animal; and
(d)the unique number of the microchip contained in the prescribed permanent identification device implanted in the animal.
Penalty:3 penalty units.".
9.Application for registration or renewal of registration
(1)For section 14(c) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(c)be accompanied by—
(i)the relevant fee fixed by the Council; and
(ii)if relevant, evidence in a form required by the Council that the dog or cat is desexed.".
(2)In section 14(c) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)in sub-paragraph (ii), for "desexed." substitute "desexed; and";
(b)after sub-paragraph (ii) insert—
"(iii)if relevant, evidence in a form required by the Council that the dog or cat is implanted with a prescribed permanent identification device.".
10.Registration fees
(1)For section 15(4) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(4)A scheme of registration fees in respect of dogs or cats must apply the following principles—
(a)the maximum fee is to be payable in respect of a class of dog described in Column 1 of Part 1 of the Schedule or a class of cat described in Column 1 of Part 2 of the Schedule;
(b)the reduced fee is to be payable in respect of a class of dog described in Column 2 of Part 1 of the Schedule or a class of cat described in Column 2 of Part 2 of the Schedule;
(c)in the case of a dangerous dog (that is not of a class of dangerous dog referred to in paragraph (d)), a menacing dog or a restricted breed dog, the fee payable must be no less than the amount of the maximum fee for a dog under paragraph (a);
(d)the fee payable in respect of a dangerous dog in any of the following classes is to be the same amount as the maximum fee for a dog under paragraph (a)—
(i)a dangerous dog that is kept as a guard dog for non-residential premises; or
(ii)a dangerous dog that has undergone protection training in accordance with any relevant Code of Practice made under section 59.".
(2)For section 15(7) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(7)Sub-section (6) does not apply to a dangerous dog, a menacing dog or a restricted breed dog.".
11.Substitution of section 16
For section 16 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"16.Registration of dogs and cats other than dangerous or restricted breed dogs
A Council must register or renew the registration of a dog or cat (other than a dangerous dog or a restricted breed dog) that is required to be registered under this Act if—
(a)the application for registration or renewal of the registration is accompanied by the appropriate fee and otherwise complies with this Act and the regulations; and
(b)any pre-condition for registration or the renewal of registration imposed by or under this Act in respect of the cat or dog has been met.".
12.Registration of dangerous and restricted breed dogs
(1)Insert the following heading to section 17 of the Domestic (Feral and Nuisance) Animals Act 1994—
"Registration of dangerous and restricted breed dogs".
(2)In section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 omit "or a restricted breed dog".
(3)After section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(1A)A Council must not register a restricted breed dog unless the Council is satisfied—
(a)that the dog was in Victoria immediately before the commencement of section 12 of the Primary Industries Acts (Further Amendment) Act 2005; and
(b)that the owner reasonably held the opinion, at that commencement, that the dog was not a restricted breed dog.
(1B)A Council may renew the registration of a restricted breed dog.
(1C)A Council may impose conditions on the registration or the renewal of the registration of a dog under sub-section (1A) or (1B).".
(4)In section 17(2) of the Domestic (Feral and Nuisance) Animals Act 1994, after "proposes" insert "to exercise a discretion".
13.Cats found at large
In section 25(1) of the Domestic (Feral and Nuisance) Animals Act 1994, after "municipal district" insert "or a specified part of a municipal district".
14.Insertion of section 33A
After section 33 of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"33A.Council animal shelters and pounds must accept surrendered animals
(1)A Council of a municipal district must accept any dog or cat kept in that municipal district which is given to the Council by the owner of the animal because the owner is no longer willing or able to care for that animal.
(2)On the Council taking possession of a dog or cat under sub-section (1)—
(a)ownership in the dog or cat passes from the owner to the Council; and
(b)the Council must deal with the dog or cat in accordance with this Act, the regulations and any relevant Code of Practice made under section 59.".
15.Insertion of section 41EA
Before section 41F of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"41EA.Prohibition on keeping a restricted breed dog
A person must not keep a restricted breed dog unless the person acquired the dog before the commencement of section 15 of the Primary Industries Acts (Further Amendment) Act 2005.
Penalty:10 penalty units.".
16.Repeal of Division heading
The heading to Division 3A of Part 4 of the Domestic (Feral and Nuisance) Animals Act 1994 is repealed.
17.Substitution of section 58
For section 58 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"58.Revocation or suspension of registration of animal shelter or pound by Minister
(1)This section applies to premises—
(a)on which a Council is conducting an animal shelter or pound; or
(b)from which any person or body provides animal shelter or pound services to a Council under an agreement with that Council under section 81.
(2)The Minister may at any time suspend or revoke the registration of the premises if the Minister is satisfied that—
(a)the Council or the person or body (as the case may be) has failed to comply with this Act, the regulations, any Code of Practice made under section 59 applying to the business, or any terms, conditions, limitations or restrictions on the registration; or
(b)the Council or the person or body (as the case may be) has been found guilty of an offence under the Prevention of Cruelty to Animals Act 1986.".
18.Insertion of heading to Division 3A of Part 4
Insert the following heading after section 58 of the Domestic (Feral and Nuisance) Animals Act 1994—
"Division 3A—Registration of Business Conducted by Council".
19.Substitution of section 63A
For section 63A of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"63A.Non-compliance with Code of Practice an offence
(1)A person or body must not conduct a domestic animal business that does not comply with the relevant Code of Practice made under section 59.
Penalty:10 penalty units.
(2)A Council is deemed to have contravened sub-section (1), and is separately liable for the penalty that applies to such a contravention, if—
(a)a person or body conducts all or part of a domestic animal business on behalf of the Council under an agreement under section 81; and
(b)the person or body has contravened sub-section (1) in the conduct of that business; and
(c)the Council, or any member of its staff who was responsible at the relevant time for overseeing the agreement or the conduct of the business, was aware, or ought to have been aware, that the contravention—
(i)was about to occur; or
(ii)in the case of an ongoing contravention, was occurring.
(3)If a body, being a partnership or an unincorporated body, contravenes sub-section (1), each reference to the body in this section is to be construed as a reference to each member of the partnership, or of the committee of management of the unincorporated body (as the case may be).".
20.Insertion of Part 5A
After Part 5 of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"PART 5A—DOMESTIC ANIMAL MANAGEMENT PLANS
68A.Councils to prepare domestic animal management plans
(1)Every Council must, in consultation with the Secretary, prepare at 3 year intervals a domestic animal management plan.
(2)A domestic animal management plan prepared by a Council must—
(a)set out a method for evaluating whether the animal control services provided by the Council in its municipal district are adequate to give effect to the requirements of this Act and the regulations; and
(b)outline programs for the training of authorised officers to ensure that they can properly administer and enforce the requirements of this Act in the Council's municipal district; and
(c)outline programs, services and strategies which the Council intends to pursue in its municipal district—
(i)to promote and encourage the responsible ownership of dogs and cats; and
(ii)to ensure that people comply with this Act, the regulations and any related legislation; and
(iii)to minimise the risk of attacks by dogs on people and animals; and
(iv)to address any over-population and high euthanasia rates for dogs and cats; and
(v)to encourage the registration and identification of dogs and cats; and
(vi)to minimise the potential for dogs and cats to create a nuisance; and
(vii)to effectively identify all dangerous dogs, menacing dogs and restricted breed dogs in that district and to ensure that those dogs are kept in compliance with this Act and the regulations; and
(d)provide for the review of existing orders made under this Act and local laws that relate to the Council's municipal district with a view to determining whether further orders or local laws dealing with the management of dogs and cats in the municipal district are desirable; and
(e)provide for the review of any other matters related to the management of dogs and cats in the Council's municipal district that it thinks necessary; and
(f)provide for the periodic evaluation of any program, service, strategy or review outlined under the plan.
(3)Every Council must—
(a)review its domestic animal management plan annually and, if appropriate, amend the plan; and
(b)provide the Secretary with a copy of the plan and any amendments to the plan; and
(c)publish an evaluation of its implementation of the plan in its annual report.".
21.Seizure of dogs and cats
(1)For sections 77(1)(a) and 77(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(a)if the owner of the dog has not applied to register the dog within 1 month after—
(i)being found guilty of an offence of not having applied to register the dog; or
(ii)being served with an infringement notice in respect of that offence which has not been withdrawn in accordance with section 87 and in respect of which the owner has paid the penalty in accordance with section 89; or
(b)if—
(i)the dog is a dangerous dog or a restricted breed dog that may be registered, or have its registration renewed, under this Act, the Council has made a decision to refuse to register or renew the registration of the dog and any review of that decision has failed or the owner has not applied for a review of that decision within the time fixed under section 98(2A); or
(ii)the dog is a restricted breed dog that cannot be registered under this Act; or".
(2)For section 77(2) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(2)An authorised officer of a Council may seize a cat which is in the municipal district of that Council if the owner of the cat has not applied to register the cat within one month after—
(a)being found guilty of an offence of not having applied to register the cat; or
(b)being served with an infringement notice in respect of that offence which has not been withdrawn in accordance with section 87 and in respect of which the owner has paid the penalty in accordance with section 89.".
(3)After section 77(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(2A)An authorised officer of a Council may seize an unregistered dog or cat that is in the municipal district of the Council if the Council is unable, under this Act, to register or renew the registration of the dog or the cat.".
(4)For section 77(3A) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(3A)A cat may be seized by an authorised officer or any other person if—
(a)it is found outside the owner's premises without current identification that has been issued by a Council; and
(b)it appears to be over 3 months old.".
(5)After section 79(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(3)A person may recover a dog or cat that has been seized under section 77(2A) if, within 8 days after the seizure of the animal, he or she—
(a)in the case of an animal that does not comply with a requirement to be desexed for the purposes of registration or the renewal of registration, arranges for the animal to be desexed while the animal is in the possession of the Council; and
(b)applies to register the animal; and
(c)pays the amount fixed by the Council for the costs and expenses incurred by the Council in seizing the animal and holding the animal until its recovery; and
(d)proves to the satisfaction of the Council that he or she is the owner of the animal or is an agent acting on behalf of that owner.".
(6)After section 79(3)(a) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(aa)in the case of an animal that does not comply with a requirement to be implanted with a prescribed permanent identification device for the purposes of registration or the renewal of registration, arranges for the animal to be so implanted while the animal is in the possession of the Council; and".
Note:This sub-section comes into operation on a later date than the date that all the other provisions in this section come into operation.
(7)In section 80(1) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)after "77(2)," insert "77(2A),";
(b)in paragraph (a), for "section 79(1)" substitute "section 79";
(c)in paragraph (b), for "may destroy it" substitute "must destroy it as soon as possible after the expiry of that 8 day period";
(d)in paragraph (c), for "may sell or destroy it" substitute "must sell or destroy it as soon as possible after the expiry of that 8 day period in accordance with any relevant Code of Practice made under section 59".
22.New offences prescribed for infringement notices
(1)In section 85(1) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)after "section 10," insert "12A,";
(b)after "41E," insert "41EA,".
(2)In section 85(1A) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)after "section 10," insert "12A,";
(b)after "41E" insert ", 41EA".
23.New penalty for giving false information
For the penalty at the foot of section 97 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Penalty:10 penalty units, in the case of information relating to a declaration under section 10(3);
5 penalty units, in any other case.".
24.Regulations
In section 100(2A) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)in paragraph (b), for "then." substitute "then; or";
(b)after paragraph (b) insert—
"(c)as amended from time to time.".
25.Amendments to Schedule
In the Schedule to the Domestic (Feral and Nuisance) Animals Act 1994—
(a)for "DOGS" substitute—
"Section 15(4)
REGISTRATION FEES
PART 1—DOGS";
(b)in Column 1, after "dogs" insert "(other than dangerous dogs, menacing dogs or restricted breed dogs)";
(c)before "CATS" insert "PART 2—".
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PART 3—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986
26.Definition
In section 3(1) of the Prevention of Cruelty to Animals Act 1986 insert the following definition—
' "person in charge of" in relation to an animal or thing, includes—
(a)a person who has the animal or thing in the person's possession or custody, or under the person's care, control or supervision; and
(b)any employee or agent of the owner of the animal or thing if a person referred to in paragraph (a) is bound to comply with the directions of that employee or agent in respect of the animal or thing;'.
27.Amendments to cruelty offences
In section 9(1) of the Prevention of Cruelty to Animals Act 1986—
(a)for paragraph (b) substitute—
"(b)loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or suffering to the animal; or";
(b)for paragraph (c) substitute—
"(c)does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal; or";
(c)for paragraph (e) substitute—
"(e)works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal; or";
(d)for paragraph (f) substitute—
"(f)is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with proper and sufficient food, drink or shelter; or";
(e)for paragraph (i) substitute—
"(i)is the owner or the person in charge of a sick or injured animal and unreasonably fails to provide veterinary or other appropriate attention or treatment for the animal; or".
28.Serious offences
In section 12(2)(a)(i) of the Prevention of Cruelty to Animals Act 1986, for "a person on behalf of the owner" substitute "the person in charge".
29.Permits to operate rodeos or rodeo schools
(1)For section 16(2) of the Prevention of Cruelty to Animals Act 1986 substitute—
"(2)A permit issued by the Department Head—
(a)must be in the prescribed form for that type of permit; and
(b)is subject to the prescribed conditions for that type of permit; and
(c)is subject to any conditions imposed by the Department Head in the permit; and
(d)in the case of a permit to operate a rodeo school, remains in force for a period specified in the permit of not more than 12 months.".
(2)In section 16(3) of the Prevention of Cruelty to Animals Act 1986—
(a)after paragraph (aa) insert—
"(ab)the application is not lodged at least 28 days before the day that the rodeo or rodeo school to which the permit relates is to be held; or";
(b)for paragraph (b) substitute—
"(b)the applicant has been convicted of—
(i)an offence against section 9 or 10; or
(ii)any other offence under this Act or the regulations in connection with the operation of a rodeo or a rodeo school; or";
(c)in paragraph (c), after "permit" insert
"or any condition imposed by the Department Head".
(3)After section 16(3) of the Prevention of Cruelty to Animals Act 1986 insert—
"(3A)The Department Head may impose any condition in the permit.".
(4)In section 16(5) of the Prevention of Cruelty to Animals Act 1986, for "prescribed conditions for that type of permit" substitute "conditions applying to the permit".
30.References to owner or person in charge
In sections 21(1)(bb)(ii), 21(2A) and 21(2B) of the Prevention of Cruelty to Animals Act 1986, for "who has possession or custody" substitute "in charge".
31.Taking of samples of animals and things
(1)For section 21(2D) of the Prevention of Cruelty to Animals Act 1986 substitute—
"(2D)If an inspector proposes to take a sample from an animal or a thing, the inspector must—
(a)advise the owner or person in charge of the animal or thing, if possible before taking the sample—
(i)that the sample is to be taken for the purpose of examination or analysis; and
(ii)that the owner or person in charge of the animal or thing, subject to sub-section (2E), has a right to be given a part of the sample in accordance with paragraph (b) if the owner or person so requests; and
(b)if the sample is taken for the purpose of analysis and the owner or person in charge of the animal or thing requests to be given a part of the sample, divide the sample into 3 parts and give one part to the owner or person in charge, one part to the analyst and keep one part untouched for future comparison.
(2E)Despite sub-section (2D)(b), a sample taken from an animal for analysis must not be divided up into parts if the inspector has been advised by a veterinary practitioner or a pathologist that division of the sample is not practicable or will adversely affect the analysis.".
(2)In section 21(3) of the Prevention of Cruelty to Animals Act 1986—
(a)in the definition of "ruminant", for "cud." substitute "cud;";
(b) insert the following definition—
' "sample", in relation to a dead animal, may include the whole of the carcass of the animal.'.
32.Additional search warrant power
In section 21A(3) of the Prevention of Cruelty to Animals Act 1986—
(a)in paragraph (e), for "premises." substitute "premises; and";
(b)after paragraph (e) insert—
"(f)to take photographs (including video recordings) or make sketches of any such animal or other thing on the premises; and
(g)in the case of an abandoned animal, to search for and to seize any such animal specified in the warrant and to take that animal to any place that the inspector thinks appropriate; and
(h)to retain possession of that animal—
(i)until the animal is recovered by its owner or the person in charge of the animal; or
(ii)if the animal is not recovered before any relevant time limit specified in section 21CA(2) expires, until the animal is sold, destroyed or given away in accordance with section 21CA.".
33.Insertion of sections 21CA and 21CB
After section 21C of the Prevention of Cruelty to Animals Act 1986 insert—
'21CA.Disposal of seized abandoned animal
(1)An inspector who has seized an animal under section 21A(3)(g) may, if the circumstances in sub-section (2) apply—
(a)sell or destroy the animal, or cause it to be sold or destroyed, in accordance with section 21CB; or
(b)give the animal to a domestic animal business operating from a premises which is registered for the purposes of that business under the Domestic (Feral and Nuisance) Animals Act 1994.
(2)For the purposes of sub-section (1), the circumstances are—
(a)if the identity of the owner or the person in charge of the animal is known, the owner or person—
(i)has been served personally with a notice in writing that states that the animal may be recovered within 7 days after service of the notice; and
(ii)has not recovered the animal within 7 days after the notice was served; or
(b)if that identity is not known—
(i)reasonable steps to identify the owner or person in charge of the animal have been taken and the owner or that person has not been located within 7 days after the animal was seized; and
(ii)a notice in the form set out in paragraph (a) has been served in writing by leaving the notice or sending the notice by post to the premises from which the animal was seized; and
(iii)no person entitled to possession of the animal has recovered the animal within 7 days after the notice was served.
(3)Ownership in any animal given to a domestic animal business under sub-section (1)(b) passes to that business when the business takes possession of the animal.
21CB.Certain sale and destruction provisions to apply to animals seized under section 21A
Sections 24B, 24C and 24D apply in relation to an animal seized under section 21A—
(a)as if a reference in those sections to an animal seized in accordance with an authority given under section 24A or to an animal seized under section 24A were a reference to an animal seized under a search warrant issued under section 21A; and
(b)as if a reference in those sections to a "specialist inspector" were a reference to an "inspector".'.
34.Substitution of section 24A
For section 24A of the Prevention of Cruelty to Animals Act 1986 substitute—
"24A.Minister may authorise seizure of animals
(1)If the Minister believes on reasonable grounds that an animal or animals are in such a condition, or, in such circumstances, that the animal or animals are likely to become distressed or disabled, the Minister may—
(a)serve a notice in writing by giving it personally to the owner of the animal or animals; or
(b)if the identity of the owner cannot be readily established or the owner cannot be readily contacted, serve a notice in writing by giving it personally to the person in charge of the animal or animals; or
(c)serve a notice in writing by leaving a notice or sending a notice by post to the last known residential or business address of the owner or the person in charge of the animal or animals.
(1A)A notice served under sub-section (1) must state that, unless the Minister is satisfied that action has been or is being taken to remove the likelihood of the animal or animals becoming distressed or disabled, the Minister intends, not less than 7 days after the serving of the notice, to authorise a specialist inspector to seize and dispose of the animal or animals in accordance with this Division.
(2)If, at the expiration of 7 days from the serving of the notice referred to in sub-section (1), the Minister is not satisfied that action has been, or is being, taken to remove the likelihood of the animal or animals becoming distressed or disabled, the Minister may authorise a specialist inspector named in the authority to seize the animal or animals and—
(a)to sell the animal or animals or to cause them to be sold; or
(b)to destroy the animal or animals or to cause them to be destroyed at a place specified in the authority.".
35.Substitution of section 24H
For section 24H of the Prevention of Cruelty to Animals Act 1986 substitute—
"24H.Retention, return and disposal of seized animal
(1)If an inspector seizes an animal under a warrant under section 24E, the inspector must take reasonable steps to return the animal to the owner or the person in charge of the animal within the time specified in the warrant, or if that time is extended under section 24I, the time as extended.
(2)If the identity of the owner or the person in charge of the animal cannot be readily established, or the owner or person cannot be readily contacted, the inspector may—
(a)sell or destroy the animal, or cause it to be sold or destroyed, in accordance with section 24IA; or
(b)give the animal to a domestic animal business operating from a premises which is registered for the purposes of that business under the Domestic (Feral and Nuisance) Animals Act 1994.
(3)Ownership in any animal given to a domestic animal business under sub-section (2)(b) passes to that business when the business takes possession of the animal.".
36.Insertion of new section 24IA
After section 24I of the Prevention of Cruelty to Animals Act 1986 insert—
'24IA.Certain sale and destruction provisions to apply to animals seized under section 24E
Sections 24B, 24C and 24D apply in relation to an animal seized under a warrant under section 24E—
(a)as if a reference in those sections to an animal seized in accordance with an authority given under section 24A or to an animal seized under section 24A were a reference to an animal seized under a warrant issued under section 24E; and
(b)as if a reference in those sections to a "specialist inspector" were a reference to an "inspector".'.
37.Notice to comply
In section 24J(1)(b) of the Prevention of Cruelty to Animals Act 1986, for "who has possession or custody" substitute "in charge".
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 8 September 2005
Legislative Council: 19 October 2005
The long title for the Bill for this Act was "to amend the Domestic (Feral and Nuisance) Animals Act 1994 and the Prevention of Cruelty to Animals Act 1986 and for other purposes."
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