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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Animal Welfare (Greyhound Training) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Animal
Welfare Act 1985
.
Contents
Part 2—Amendment of Animal Welfare
Act 1985
Part 3A—Training facilities for
greyhounds etc
15DProhibition on
live coursing
15ECertain
facilities not to be operated etc without licence
15HRevocation or
suspension of licences
15IReview of
Minister's decisions by South Australian Civil and Administrative
Tribunal
5Amendment of section 38—Offences by
bodies corporate
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Animal Welfare (Greyhound Training)
Amendment Act 2015.
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:
Part 3A—Training facilities for greyhounds
etc
15B—Interpretation
In this Part—
lure means a device consisting of an artificial or simulated
animal that is moved around an area (whether on a fixed path or otherwise) by
electrical or mechanical means for the purpose of being chased by a
dog;
lure coursing means an activity consisting of 1 or more dogs
chasing a lure over a set course;
lure coursing or lure racing facility means a facility at
which organised events of lure coursing or lure racing or both are
held;
lure racing means an activity consisting of a race
between 2 or more dogs chasing a lure over a set distance;
lure training, of a dog, means an activity consisting of
allowing the dog to chase a lure for the purpose of training in lure coursing or
lure racing;
lure training facility means premises or an area used, or
intended for use, for the purposes of lure training dogs (whether or not the
area has a prepared running surface);
Note—
This includes areas commonly referred to as bullrings.
prescribed facility means—
(a) a lure coursing or lure racing facility; or
(b) a trial track; or
(c) a lure training facility; or
(d) any other premises or area of a kind prescribed by the regulations for
the purposes of this definition;
training, in relation to a dog, includes an activity
undertaken designed to improve the fitness or speed of the dog;
trial track means a prepared running surface (whether
straight or curved) designed, intended for use or used for the purposes of
training dogs in lure racing.
15C—Application of Part
(1) This Part applies in relation to the following dogs or classes of
dog:
(a) greyhounds;
(b) dogs used for the purpose of, or in the course of, lure coursing or
lure racing;
(c) dogs of a class prescribed by the regulations,
but does not apply to a class of dogs declared by the regulations to be
excluded from the operation of this Part.
(2) This Part applies in relation to the following activities:
(a) lure coursing;
(b) lure racing;
(c) an activity of a kind prescribed by the regulations,
but does not apply to an activity or class of activity of a kind declared
by the regulations to be excluded from the operation of this Part.
(3) Subject to this section, this Part is in addition to, and does not
derogate from, any other provision of this Act or any other Act or
law.
(4) Section 43 does not apply in relation to an offence under this
Part.
(5) Nothing in this Part authorises the use of an animal (whether alive or
not) or part of an animal as a lure.
15D—Prohibition on live
coursing
(1) A person who organises or otherwise takes any part in live coursing is
guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 4 years.
(2) A person who sells or supplies an animal to another knowing that the
animal is to be used as bait in live coursing is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(3) In this section—
live coursing means an activity consisting of 1 or more dogs
chasing a bait consisting of a live animal introduced into the area in which the
activity occurs for the purpose of being so chased.
15E—Certain facilities not to be operated etc
without licence
(1) A person must not, except in accordance with a licence under this
Part, operate a prescribed facility for the purpose of training or exercising a
dog, or undertaking an activity, to which this Part applies.
Maximum penalty: $10 000 or imprisonment for 1 year.
(2) A person must not use a prescribed facility for the purpose of
training or exercising a dog, or undertaking an activity, to which this Part
applies unless a licence under this Part is in force in respect of the
prescribed facility.
Maximum penalty: $10 000 or imprisonment for 1 year.
(3) A person must
not knowingly allow premises owned or occupied by the person to be used for the
purpose of operating a prescribed facility for the purpose of training or
exercising a dog, or undertaking an activity, to which this Part
applies.
Maximum penalty: $10 000 or imprisonment for 1 year.
15F—Licence
(1) An application for a licence under this Part must—
(a) be made in a manner and form approved by the Minister; and
(b) be accompanied by such information as the Minister may reasonably
require; and
(c) be accompanied by the prescribed fee.
(2) In determining whether or not to grant a licence under this Part, the
Minister must have regard to—
(a) the suitability of the applicant to be granted the licence;
and
(b) the suitability of the proposed facility in respect of the welfare of
dogs using the facility; and
(c) any relevant code of practice (however described) published
by—
(i) in the case of a facility relating to the training or racing of
greyhounds—Greyhound Racing SA; or
(ii) in the case of a facility relating to lure coursing or lure
racing—Dogs SA,
and may have regard to any other matter the Minister thinks
appropriate.
(3) A licence under this Part may be conditional or
unconditional.
(4) Without limiting the matters with respect to which conditions may be
imposed, the Minister may impose conditions requiring the holder of the
licence—
(a) to provide the Minister or other specified person or body with
specified information relating to the operation of this Part; or
(b) to comply with a specified code or codes of practice (however
described) that the Minister considers relevant to the operation of this
Part.
(5) The Minister may, by notice in writing given to the holder of a
licence, vary or revoke a condition of the licence or impose a further
condition.
(6) A person who contravenes or fails to comply with a condition of a
licence is guilty of an offence.
Maximum penalty:
In relation to a body corporate—$50 000.
In relation to a natural person—$10 000.
15G—Annual fee
The holder of a licence under this Part must, in each calendar year before
the date fixed for that purpose by the Minister, pay the annual fee fixed by the
Minister.
15H—Revocation or suspension of
licences
(1) If the holder of a licence under this Part—
(a) has been found guilty of an offence against this Act; or
(b) has obtained the licence improperly; or
(c) has failed to comply with a condition of the licence; or
(d) has failed to pay the annual fee for the licence,
the Minister may, by notice in writing addressed to the holder of the
licence, revoke the licence, or suspend the licence for a period specified in
the notice.
(2) A holder of a licence under this Part may, at any time, by notice in
writing to the Minister, surrender the licence.
15I—Review of Minister's decisions by South
Australian Civil and Administrative Tribunal
(1) The South Australian Civil and Administrative Tribunal is, by force of
this section, conferred with jurisdiction to deal with matters consisting of the
review of a decision of the Minister under this Part.
(2) An application
for review of a decision of the Minister under this Part may be made to the
South Australian Civil and Administrative Tribunal within 1 month after the
applicant receives notice of the relevant decision (or such longer period as the
Tribunal may allow).
(3) However, the South Australian Civil and Administrative Tribunal may
only allow an extension of time under
subsection (2)
if satisfied that—
(a) special circumstances exist; and
(b) another party will not be unreasonably disadvantaged because of the
delay in commencing the proceedings.
5—Amendment
of section 38—Offences by bodies corporate
Section 38(4)(a)—after "(4)" insert:
or section 15E or section 15FE(6)