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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Animal Welfare (Commercial Breeding of Companion Animals)
Amendment Bill 2012
A BILL FOR
An Act to amend the Animal
Welfare Act 1985.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Animal Welfare
Act 1985
4Insertion of section
15B
15BCommercial breeding of
dogs and certain companion animals to be authorised
5Substitution
of section 43
43Act does not
render unlawful practices that are in accordance with prescribed code of animal
husbandry practice
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Animal Welfare (Commercial Breeding of
Companion Animals) Amendment Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Animal Welfare
Act 1985
After section 15A insert:
15B—Commercial breeding of dogs and certain
companion animals to be authorised
(1) A person must
not breed a dog or other prescribed companion animal for a commercial purpose
except in accordance with an authorisation of the Minister under this
section.
Maximum penalty: $20 000 or imprisonment for 4 years.
(2) A person must not sell a dog or other prescribed companion animal that
has been bred in contravention of
subsection (1).
Maximum penalty: $10 000.
(3) It is a defence to a charge of an offence against this section if the
defendant proves that the alleged offence was not committed intentionally and
did not result from any failure on the part of the defendant to take reasonable
care to avoid the commission of the offence.
(4) An application for an authorisation under this
section—
(a) must be made in a manner and form determined by the Minister;
and
(b) must be accompanied by the prescribed fee.
(5) An authorisation under this section—
(a) must be in writing; and
(b) must—
(i) if it relates to dog breeding—contain conditions that seek to
prevent the practice known as "puppy farming"; and
(ii) in any other case—contain conditions that seek to prevent any
corresponding practice in relation to the relevant prescribed companion animal;
and
(c) may contain any other conditions the Minister thinks fit.
(6) The Minister may, by notice in writing, vary the conditions of, or
revoke, an authorisation under this section for any reason the Minister thinks
fit.
(7) The regulations may assign the functions of the Minister under this
section relating to the granting of authorisations in respect of a specified
class of companion animals to a specified body or person (including a person for
the time being holding or acting in a specified office or position).
(8) A regulation may only be made under this section assigning functions
to a non-government entity with the consent of that entity.
(9) If a regulation
is made under this section assigning functions to a non-government entity, the
entity may retain the fees paid in respect of applications made to the entity in
accordance with the assignment of functions.
(10) In this section—
prescribed companion animal means an animal belonging to a
class of animals prescribed by the regulations for the purposes of this
section;
non-government entity means a person or body other than an
officer, agency or instrumentality (including a Minister) of the Crown in right
of the State.
Section 43—delete the section and substitute:
43—Act does not render unlawful practices that are
in accordance with prescribed code of animal husbandry
practice
(1) Subject to
subsection (2),
nothing in this Act renders unlawful anything done in accordance with a
prescribed code of practice relating to animals.
(2) This section does
not apply to breeding a dog or other prescribed companion animal (within the
meaning of section 15B) in accordance with a prescribed code of practice to
the extent that the code permits the breeding to be done in contravention of
that section.