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This is a Bill, not an Act. For current law, see the Acts databases.


DOG AMENDMENT (STOP PUPPY FARMING) BILL 2020

                    Western Australia


Dog Amendment (Stop Puppy Farming)
            Bill 2020

                        Contents

      Part 1 -- Preliminary
1.    Short title                                                  2
2.    Commencement                                                 2
      Part 2 -- Dog Act 1976 amended
      Division 1 -- Act amended
3.    Act amended                                                  3
      Division 2 -- Amendments commencing on day
            after Royal Assent
4.    Section 33 amended                                           3
5.    Section 33B amended                                          3
      Division 3 -- Amendments commencing on
            proclamation
6.    Long title amended                                           3
7.    Section 3 amended                                            3
8.    Section 7 amended                                            7
9.    Section 9 amended                                            7
10.   Sections 9A and 9B inserted                                  8
      9A.      Delegation by CEO                             8
      9B.      Designated persons                            8
11.   Section 10 amended                                           9
12.   Section 12A amended                                          9
13.   Sections 13A and 13B inserted                               10
      13A.     Centralised registration system               10
      13B.     Dog owner numbers                             11
14.   Section 14 replaced                                         11
      14.      Local governments to keep record of
               registered dogs in centralised registration
               system                                        11



                            162--1                                 page i
Dog Amendment (Stop Puppy Farming) Bill 2020



Contents



      15.    Section 15 amended                                          12
      16.    Section 16 amended                                          12
      17.    Section 16A amended                                         14
      18.    Section 17A amended                                         15
      19.    Section 20 amended                                          15
      20.    Section 25 amended                                          16
      21.    Section 26D replaced                                        16
             26D.      Notice of change to recorded information     16
      22.    Part IV inserted                                            17
             Part IV -- Sterilisation and breeding of dogs
             Division 1 -- Requirement for sterilisation
             26E.      Dogs must be sterilised unless exempt        17
             26F.      Unsterilised dog must not be identified as
                       sterilised                                   18
             26G.      Certificate of sterilisation to be given     18
             26H.      Information that must be included in
                       advertising material for dog and given to
                       new owner                                    18
             Division 2 -- Breeding of dogs
             26I.      Only holder of approval may breed dogs       19
             26J.      Court may order sterilisation                20
             26K.      Application for approval to breed            21
             26L.      Approval to breed                            21
             26M.      Cancellation of approval to breed            22
      23.    Section 27 amended                                          22
      24.    Section 29 amended                                          23
      25.    Section 30A amended                                         24
      26.    Section 30 amended                                          26
      27.    Section 33A amended                                         26
      28.    Section 33K amended                                         26
      29.    Section 34 amended                                          28
      30.    Part VIA inserted                                           28
             Part VIA -- Pet shops and supply of dogs to relevant
                    pet shop businesses
             Division 1 -- Preliminary
             38A.      Supply of dogs to relevant pet shop
                       businesses                                   28
             Division 2 -- Approval of pet shop for relevant pet
                    shop business
             38B.      Pet shop for relevant pet shop business
                       must be approved                             29
             38C.      Application for pet shop approval            29
             38D.      Pet shop approval                            29


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                   Dog Amendment (Stop Puppy Farming) Bill 2020



                                                                  Contents



      38E.       Cancellation of pet shop approval           30
      38F.       Continuation of pet shop approval until
                 application for renewal decided             31
      Division 3 -- Obligations of person conducting
             relevant pet shop business
      38G.       Relevant pet shop business only to supply
                 dogs obtained from holder of dog supply
                 approval                                    32
      38H.       Pet shop to display certificate of
                 registration                                32
      38I.       Person conducting relevant pet shop
                 business to provide certain information     32
      38J.       Person conducting relevant pet shop
                 business to provide copy of health
                 certificate                                 33
      38K.       Person conducting relevant pet shop
                 business to keep records relating to
                 source of dogs                              33
      38L.       Person conducting relevant pet shop
                 business to provide information to local
                 government                                  35
      38M.       Self-incrimination                          35
      Division 4 -- Dog supply approval
      38N.       Only holder of dog supply approval may
                 supply dogs to relevant pet shop
                 businesses                                  36
      38O.       Person conducting refuge operations or
                 operating dog management facility may
                 apply for dog supply approval               37
      38P.       Dog supply approval                         38
      38Q.       Cancellation of dog supply approval         39
      38R.       Notice of certain decisions made under
                 this Division                               39
      38S.       Record of dog supply approval               40
      38T.       Notice of change to information             41
      Division 5 -- Obligations of holder of dog supply
             approval
      38U.       Holder of dog supply approval to keep
                 records                                     41
      38V.       Holder of dog supply approval to provide
                 information to CEO                          42
      38W.       Holder of dog supply approval to provide
                 information to local government             43
      38X.       Self-incrimination                          44
31.   Section 43AA inserted                                          44
      43AA.     False or misleading information              44
32.   Section 43A amended                                            45


                                                                   page iii
Dog Amendment (Stop Puppy Farming) Bill 2020



Contents



      33.    Section 43B inserted                                          46
             43B.      General powers of relevant persons             46
      34.    Section 44 amended                                            47
      35.    Section 45 amended                                            47
      36.    Section 45A amended                                           48
      37.    Part X heading replaced                                       48
             Part X -- Miscellaneous
      38.    Part X Division 1 heading inserted                            48
             Division 1 -- Regulations
      39.    Section 54 amended                                            48
      40.    Part X Division 2 inserted                                    49
             Division 2 -- Local government approvals
             Subdivision 1 -- Applications for approval
             54A.      Applications                                   49
             54B.      Record of approval                             50
             54C.      Notice of change to information                50
             54D.      Certificate and unique number to be given
                       to holder of approval                          51
             Subdivision 2 -- Objection and review process
             54E.      Notice of certain decisions made by local
                       government                                     51
             54F.      Objection may be lodged                        52
             54G.      Dealing with objection                         53
             54H.      Review of decisions                            53
             54I.      Suspension of effect of some decisions         54
      41.    Part XI Division 1A inserted                                  55
             Division 1A -- Transitional provisions for the Dog
                    Amendment (Stop Puppy Farming) Act 2020
             60A.      Transitional provision for centralised
                       registration system                            55
      42.    Sections 60B to 60E inserted                                  56
             60B.      Registered unsterilised dogs                   56
             60C.      Application for registration                   57
             60D.      Transition period in relation to approval to
                       breed                                          57
             60E.      Transition period for relevant pet shop
                       businesses                                     57

             Part 3 -- Cat Act 2011 amended
      43.    Act amended                                                   59
      44.    Section 3 amended                                             59
      45.    Section 8 amended                                             59



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                  Dog Amendment (Stop Puppy Farming) Bill 2020



                                                                  Contents



46.   Section 12 replaced                                           60
      12.      Local governments to keep record of
               registered cats in centralised registration
               system                                        60
47.   Section 16 amended                                            60
48.   Section 24 amended                                            60
49.   Section 25 replaced                                           61
      25.      Notice of change to recorded information      61
50.   Section 33 amended                                            61
51.   Section 36 amended                                            62
52.   Sections 40A and 40B inserted                                 62
      40A.     Record of approval to breed cats              62
      40B.     Notice of change to information               63
53.   Part 4 Division 1A inserted                                   63
      Division 1A -- Centralised registration system
      41A.      Centralised registration system              63
54.   Section 43A inserted                                          64
      43A.     Delegation by Department CEO                  64
55.   Section 76 amended                                            65
56.   Section 88 inserted                                           65
      88.      Transitional provision for the Dog
               Amendment (Stop Puppy Farming)
               Act 2020                                      65




                                                                   page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY


      Dog Amendment (Stop Puppy Farming)
                  Bill 2020

                               A Bill for


An Act --
•  to amend the Dog Act 1976 to provide for matters relating to the
   sterilisation and breeding of dogs and the supply of dogs to and
   by relevant pet shop businesses; and
•  to amend the Dog Act 1976 and the Cat Act 2011 to provide for a
   centralised registration system; and
•  to make other amendments to the Dog Act 1976 and the Cat
   Act 2011.



The Parliament of Western Australia enacts as follows:




                                                              page 1
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 1      Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Dog Amendment (Stop Puppy Farming) Act 2020.

4    2.       Commencement
5             This Act comes into operation as follows --
6              (a) Part 1 -- on the day on which this Act receives the
7                    Royal Assent;
8              (b) Part 2 (other than Division 3) -- on the day after that
9                    day;
10             (c) the rest of the Act -- on a day fixed by proclamation,
11                   and different days may be fixed for different provisions.




     page 2
                                  Dog Amendment (Stop Puppy Farming) Bill 2020
                                         Dog Act 1976 amended           Part 2
                                                    Act amended    Division 1
                                                                           s. 3



1                       Part 2 -- Dog Act 1976 amended
2                            Division 1 -- Act amended
3    3.         Act amended
4               This Part amends the Dog Act 1976.

5         Division 2 -- Amendments commencing on day after Royal
6                               Assent
7    4.         Section 33 amended
8               Delete section 33(1) and (3).

9    5.         Section 33B amended
10              In section 33B delete "32(4), 33(3)" and insert:
11

12              32(4)
13


14        Division 3 -- Amendments commencing on proclamation
15   6.         Long title amended
16              In the long title delete "ownership and keeping of dogs" and
17              insert:
18

19              ownership, breeding and keeping of dogs, the supply of dogs
20              to and by relevant pet shop businesses
21


22   7.         Section 3 amended
23        (1)   In section 3(1) delete the definition of sterilised.




                                                                        page 3
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 7



1       (2)   In section 3(1) insert in alphabetical order:
2

3                   approval to breed has the meaning given in
4                   section 26K(1);
5                   centralised registration system has the meaning given
6                   in section 13A(1);
7                   convicted person means a person who has, within the
8                   previous 5 years, been convicted of --
9                     (a) an offence against --
10                             (i) this Act; or
11                            (ii) the Cat Act 2011; or
12                           (iii) the Animal Welfare Act 2002;
13                          or
14                    (b) an offence against a law of the Commonwealth,
15                          another State or a Territory that is substantially
16                          the same as an offence referred to in
17                          paragraph (a);
18                  Department means the department of the Public
19                  Service principally assisting the Minister in the
20                  administration of this Act;
21                  designated person has the meaning given in
22                  section 9B(1);
23                  dog owner number has the meaning given in
24                  section 13B(1);
25                  dog supply approval has the meaning given in
26                  section 38O(1);
27                  health certificate has the meaning given in
28                  section 38N(2)(a);
29                  non-profit organisation means a body corporate,
30                  society, club or association formed otherwise than for
31                  the purpose of profit or gain to its individual members;



     page 4
             Dog Amendment (Stop Puppy Farming) Bill 2020
                     Dog Act 1976 amended          Part 2
       Amendments commencing on proclamation  Division 3
                                                      s. 7



1    offer, in relation to transfer of ownership, sale or
2    supply, includes advertise, expose or display for
3    transfer of ownership, sale or supply;
4    pet shop, in relation to a relevant pet shop business,
5    means the shop at, in or from which the relevant pet
6    shop business is conducted;
7    pet shop approval has the meaning given in
8    section 38C(1)(a);
9    pet shop certificate means a certificate given under
10   section 54D to a person who holds a pet shop approval;
11   pet shop number has the meaning given in
12   section 54D(1)(b);
13   refuge operations means operations conducted by a
14   non-profit organisation for the purposes of providing
15   temporary shelter or care to, and finding suitable
16   homes for, stray, abandoned, seized or surrendered
17   dogs;
18   relevant pet shop business --
19     (a) means a business, or a part of a business, that is
20            conducted at, in or from a shop and involves
21            supplying, or offering to supply, dogs; but
22     (b) does not include --
23               (i) refuge operations; or
24              (ii) operations conducted at, in or from a
25                    dog management facility by the operator
26                    of the dog management facility; or
27             (iii) a business, or a part of a business, of a
28                    prescribed class;
29   shop means a shop that is open to the public generally
30   at specified times or otherwise on a regular basis;




                                                          page 5
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 7



1                    sterilised has the meaning given in subsection (1A);
2                    supply includes --
3                      (a) sell, trade, give away, take consideration for;
4                             and
5                      (b) agree to supply, or cause or permit a supply;
6

7       (3)   In section 3(1) in the definition of CEO delete "department of
8             the Public Service principally assisting the Minister in the
9             administration of this Act;" and insert:
10

11            Department;
12

13      (4)   In section 3(1) in the definition of microchip database
14            paragraph (a) delete "and its owner; and" and insert:
15

16            (which may include information about its breeder or its owner);
17            and
18

19      (5)   In section 3(1) in the definition of microchip database company
20            paragraph (b) delete "dog and its owner;" and insert:
21

22            dog;
23

24      (6)   In section 3(1) in the definition of transfer paragraph (a) delete
25            "for, transfer ownership of and offer for sale; and" and insert:
26

27            for and transfer ownership of; and
28




     page 6
                                  Dog Amendment (Stop Puppy Farming) Bill 2020
                                          Dog Act 1976 amended          Part 2
                            Amendments commencing on proclamation  Division 3
                                                                           s. 8



1         (7)    After section 3(1) insert:
2

3               (1A)   For the purposes of this Act, a dog is sterilised if the
4                      dog has been made permanently infertile.
5

6         (8)    Delete section 3(2) and insert:
7

8                (2)   A person who is shown in the centralised registration
9                      system as being the last person recorded as the
10                     registered owner of a dog is to be taken to be the owner
11                     of that dog, whether or not the registration in their
12                     name continues in force, unless they prove that they are
13                     not the owner of the dog.
14


15   8.          Section 7 amended
16        (1)    In section 7(1) in the Penalty delete "Penalty:" and insert:
17

18               Penalty for this subsection:
19

20        (2)    In section 7(3)(b)(i) delete "Animals (Inc.) of " and insert:
21

22               Animals,
23


24   9.          Section 9 amended
25        (1)    In section 9 delete "It" and insert:
26

27               (1)   It
28




                                                                                page 7
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 10



1          (2)   At the end of section 9 insert:
2

3                (2)   Nothing in subsection (1) prevents the CEO from --
4                       (a) performing the CEO's functions under this Act;
5                             or
6                       (b) doing anything the CEO considers appropriate
7                             for the purposes of performing those functions.
8


9    10.         Sections 9A and 9B inserted
10               After section 9 insert:
11


12           9A.       Delegation by CEO
13               (1)   The CEO may delegate to a person any function of the
14                     CEO under another provision of this Act.
15               (2)   The delegation must be in writing signed by the CEO.
16               (3)   A person to whom a function is delegated under this
17                     section cannot delegate that function.
18               (4)   A person performing a function that has been delegated
19                     to the person under this section is to be taken to do so
20                     in accordance with the terms of the delegation unless
21                     the contrary is shown.
22               (5)   Nothing in this section limits the ability of the CEO to
23                     perform a function through an officer or agent.

24           9B.       Designated persons
25               (1)   The CEO may, in writing, authorise persons to perform
26                     the functions conferred on designated persons under
27                     this Act (each a designated person).




     page 8
                          Dog Amendment (Stop Puppy Farming) Bill 2020
                                  Dog Act 1976 amended          Part 2
                    Amendments commencing on proclamation  Division 3
                                                                  s. 11



1          (2)   An authorisation under this section may --
2                 (a) limit the functions of the designated person to
3                       functions specified in the authorisation; and
4                 (b) be cancelled by the CEO at any time.
5          (3)   The CEO is to issue to each designated person a
6                certificate stating that the person is a designated person
7                for the purposes of this Act.
8          (4)   A designated person must produce the certificate issued
9                under subsection (3) at the reasonable request of a
10               person in respect of whom the designated person
11               exercises, has exercised, or is about to exercise any
12               power under this Act.
13


14   11.   Section 10 amended
15         In section 10(2) delete "section 9" and insert:
16

17         section 9(1)
18


19   12.   Section 12A amended
20         Delete section 12A(2) and insert:
21

22         (2)   With the authority of a warrant or the consent of an
23               occupier who has reached 18 years of age, the
24               following persons may enter and inspect any premises
25               for any purpose relating to the enforcement of this Act
26               and may make any enquiries they think necessary --
27                 (a) an authorised person;




                                                                       page 9
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 13



1                      (b)   a designated person;
2                      (c)   in the case of a warrant issued to a person
3                            referred to in paragraph (a) or (b) -- any other
4                            person named in the warrant.
5           (2A)     Without limiting subsection (2), the purpose of
6                    determining whether grounds exist for the cancellation
7                    of an approval to breed, a pet shop approval or a dog
8                    supply approval is a purpose relating to the
9                    enforcement of this Act.
10


11   13.       Sections 13A and 13B inserted
12             At the end of Part II insert:
13


14         13A.      Centralised registration system
15             (1)   The CEO must establish and maintain an electronic
16                   database or system in which information relating to
17                   dogs can be recorded (the centralised registration
18                   system).
19             (2)   The CEO and each local government is to --
20                    (a) record in the centralised registration system any
21                         information that is prescribed; and
22                    (b) ensure that the information recorded by it in the
23                         centralised registration system is accurate and
24                         kept up-to-date.
25             (3)   The CEO or a local government may cause any error
26                   in, or omission from, the centralised registration system
27                   to be corrected.
28             (4)   Where anything under this Act is required or permitted
29                   to be done in a manner approved by the CEO or a local
30                   government, the manner approved by the CEO or the



     page 10
                               Dog Amendment (Stop Puppy Farming) Bill 2020
                                       Dog Act 1976 amended          Part 2
                         Amendments commencing on proclamation  Division 3
                                                                       s. 14



1                      local government may, without limitation, involve the
2                      use of the centralised registration system.
3                (5)   Regulations under section 54 may deal with any matter
4                      relating to the centralised registration system, including
5                      (without limitation) its establishment, maintenance and
6                      accessibility (including its accessibility to the public).
7                (6)   The CEO may establish a single database or system for
8                      the purposes of subsection (1) and the Cat Act 2011
9                      section 41A(1).

10         13B.        Dog owner numbers
11               (1)   Regulations under section 54 may require, or otherwise
12                     deal with, the issue, for the purposes of this Act, of a
13                     unique number (a dog owner number) to --
14                       (a) a person who owns, or has previously owned,
15                             1 or more dogs; or
16                      (b) a person of a prescribed class.
17               (2)   Regulations under section 54 may deal with any matter
18                     relating to dog owner numbers and may, without
19                     limitation, require a person to have a dog owner
20                     number before transferring ownership of a dog to
21                     another person.
22


23   14.         Section 14 replaced
24               Delete section 14 and insert:
25


26         14.         Local governments to keep record of registered
27                     dogs in centralised registration system
28               (1)   A local government is to keep, using the centralised
29                     registration system, an accurate and up-to-date record
30                     of dogs registered by the local government.


                                                                            page 11
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 15



1                (2)    The local government is to record in the centralised
2                       registration system the information prescribed in
3                       respect of --
4                         (a) each dog registered by the local government;
5                               and
6                         (b) each application for, or renewal of, registration
7                               of a dog refused by the local government.
8


9    15.         Section 15 amended
10         (1)   In section 15(2) delete "dangerous dog," and insert:
11

12               dangerous dog or a dog that is not sterilised,
13

14         (2)   In section 15(3A) after "dog" insert:
15

16               or a dog that is not sterilised
17


18   16.         Section 16 amended
19         (1)   In section 16(1):
20                 (a) in paragraph (b) delete "section 9" and insert:
21

22                       section 9(1)
23

24                (b)    delete the passage that begins with "some person" and
25                       continues to the end of the subsection and insert:
26

27                       a person on their behalf makes an application to the
28                       local government in a manner and form approved by the
29                       CEO and accompanied by the prescribed fee, if any.
30




     page 12
                          Dog Amendment (Stop Puppy Farming) Bill 2020
                                  Dog Act 1976 amended          Part 2
                    Amendments commencing on proclamation  Division 3
                                                                  s. 16



1    (2)   In section 16(1BA):
2            (a) delete "prescribed" and insert:
3

4                  approved
5

6           (b)    after paragraph (a) insert:
7

8                 (aa)   if the owner of the dog has been issued with a
9                        dog owner number, that number; and
10

11          (c)    after paragraph (d) insert:
12

13                (da)   a statement as to whether the dog is sterilised
14                       and, if the dog is not sterilised, on what basis
15                       the dog is not required under this Act to be
16                       sterilised; and
17                (db)   if known --
18                          (i) details (including the dog owner
19                                number) of the breeder and any previous
20                                owner of the dog; and
21                         (ii) if the dog was obtained from or through
22                                a relevant pet shop business, the pet
23                                shop number for the pet shop;
24                       and
25

26          (d)    delete paragraph (f) and insert:
27

28                 (f)   a statement as to whether the owner of the dog
29                       is subject to an order under section 46A(2); and
30                 (g)   a statement as to whether the owner of the dog
31                       holds an approval to breed.
32




                                                                    page 13
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 17



1          (3)   In section 16(1BB) delete "prescribed" and insert:
2

3                approved
4

5          (4)   In section 16(2):
6                  (a) in paragraph (a) delete "Act; or" and insert:
7

8                         Act and enter the information required under
9                         section 14(2)(a) in the centralised registration system; or
10

11                (b)     in paragraph (b) delete "any," and insert:
12

13                        any, and enter the information required under
14                        section 14(2)(b) in the centralised registration system.
15

16                 (c)    delete the passage that begins with "and in either" and
17                        continues to the end of the subsection.
18         (5)   After section 16(3)(da) insert:
19

20                       (db)    the dog is required under this Act to be
21                               sterilised but is not sterilised; or
22


23   17.         Section 16A amended
24         (1)   Delete section 16A(1) and insert:
25

26               (1)     If the ownership of a dog, other than a dangerous dog,
27                       is transferred to another person, the registered owner
28                       must, within 28 days after the transfer, notify the local
29                       government with which the dog is registered, in a
30                       manner and form approved by the CEO, of --
31                         (a) the name and residential address of the new
32                                owner; and

     page 14
                                Dog Amendment (Stop Puppy Farming) Bill 2020
                                        Dog Act 1976 amended          Part 2
                          Amendments commencing on proclamation  Division 3
                                                                        s. 18



1                       (b)   if the new owner has been issued with a dog
2                             owner number, that number.
3                      Penalty for this subsection: a fine of $5 000.
4

5          (2)   In section 16A(3) delete "a register" and insert:
6

7                the centralised registration system
8


9    18.         Section 17A amended
10         (1)   In section 17A(1) in the definition of dog paragraph (a) delete
11               "section 9" and insert:
12

13               section 9(1)
14

15         (2)   After section 17A(2)(d) insert:
16

17                     (da)     the dog is required under this Act to be
18                              sterilised but is not sterilised; or
19


20   19.         Section 20 amended
21         (1)   Delete section 20(1)(b).
22         (2)   In section 20(1) in the Penalty delete "Penalty:" and insert:
23

24               Penalty for this subsection:
25

26         (3)   Delete section 20(2).




                                                                           page 15
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 20



1    20.       Section 25 amended
2              In section 25 after "section 24" insert:
3

4              that has been given to it
5


6    21.       Section 26D replaced
7              Delete section 26D and insert:
8


9          26D.      Notice of change to recorded information
10                   If there is a change to any of the information prescribed
11                   under section 14(2)(a) or 24 in respect of a dog, the
12                   owner of the dog must, within 7 days after the day on
13                   which the owner becomes aware of the change, give
14                   notice in writing of the change --
15                     (a) to the local government with which the dog is
16                            registered, if the change is to the information
17                            prescribed under section 14(2)(a); and
18                     (b) to the microchip database company for the dog,
19                            if the change is to the information prescribed
20                            under section 24.
21                   Penalty: a fine of $5 000.
22




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1    22.     Part IV inserted
2            After section 26D insert:
3


4            Part IV -- Sterilisation and breeding of dogs
5                  Division 1 -- Requirement for sterilisation
6          26E.     Dogs must be sterilised unless exempt
7            (1)    The owner of a dog that has reached the prescribed age
8                   must ensure that the dog is sterilised, unless the dog is
9                   exempt from sterilisation under subsection (3).
10                  Penalty for this subsection: a fine of $5 000.
11           (2)    Where the ownership of a dog that is not sterilised is
12                  transferred to another person, subsection (1) does not
13                  apply to the new owner before the end of the
14                  prescribed period after the day on which the ownership
15                  is transferred.
16           (3)    A dog is exempt from sterilisation if any of the
17                  following applies --
18                    (a) the dog was registered under this Act or the law
19                         of another State or a Territory so that its
20                         registration was in effect at the time
21                         immediately before the Dog Amendment (Stop
22                         Puppy Farming) Act 2020 section 22 came into
23                         operation;
24                    (b) a certificate given by a veterinarian stating that
25                         sterilising the dog may adversely affect the
26                         health and welfare of the dog applies in respect
27                         of the dog;
28                    (c) the dog is owned by a person who holds an
29                         approval to breed;



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1                     (d)    the dog is a greyhound that is registered under
2                            the Racing and Wagering Western Australia
3                            Act 2003 section 41 and the registration is in
4                            effect;
5                      (e)   the dog is sterile;
6                      (f)   the dog belongs to a class of dogs prescribed
7                            for the purposes of this subsection.
8              (4)   A certificate referred to in subsection (3)(b) must
9                    state --
10                     (a) the period for which the certificate applies in
11                           respect of the dog; or
12                     (b) that the certificate applies indefinitely.
13             (5)   This section does not apply to a dangerous dog
14                   (restricted breed).

15        26F.       Unsterilised dog must not be identified as sterilised
16                   A person must not, in the prescribed manner, identify a
17                   dog as sterilised if the dog is not sterilised.
18                   Penalty: a fine of $5 000.

19        26G.       Certificate of sterilisation to be given
20                   A veterinarian who sterilises a dog must give a
21                   certificate of sterilisation to the owner of the dog.
22                   Penalty: a fine of $5 000.

23        26H.       Information that must be included in advertising
24                   material for dog and given to new owner
25             (1)   A person who offers a dog as being for sale or
26                   otherwise available for transfer of ownership must
27                   include the following information in the offer or in any
28                   advertising material in respect of the dog --
29                     (a) if the owner of the dog has been issued with a
30                           dog owner number -- that number;

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1              (b)   any information prescribed for the purposes of
2                    this subsection.
3             Penalty for this subsection: a fine of $5 000.
4       (2)   A person (the transferor) must not transfer the
5             ownership of a dog to another person (the transferee)
6             unless the transferor has provided the transferee
7             with --
8               (a) the information referred to in subsection (1);
9                     and
10             (b) any information prescribed for the purposes of
11                    this subsection.
12            Penalty for this subsection: a fine of $5 000.
13      (3)   Subsections (1) and (2) do not apply to a greyhound
14            that is registered under the Racing and Wagering
15            Western Australia Act 2003 section 41 while the
16            registration is in effect.

17                   Division 2 -- Breeding of dogs
18   26I.     Only holder of approval may breed dogs
19      (1)   If the owner of a dog does not hold an approval to
20            breed granted by the local government in whose district
21            the dog is ordinarily kept, the owner of the dog must
22            ensure that the dog does not give birth.
23            Penalty for this subsection: a fine of $5 000.
24      (2)   A person does not commit an offence under
25            subsection (1) if --
26              (a) after the dog gives birth, an approval to breed is
27                   granted to the person by the local government
28                   in whose district the dog is ordinarily kept; and




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1                     (b)   the application for the grant of the approval was
2                           made before the day on which the dog gives
3                           birth or within 7 days after that day.
4              (3)   A person does not commit an offence under
5                    subsection (1) if the dog --
6                      (a) is a greyhound that is registered under the
7                           Racing and Wagering Western Australia
8                           Act 2003 section 41 and the registration is in
9                           effect at the time of the birth; or
10                     (b) belongs to a class of dogs prescribed for the
11                          purposes of this subsection.
12             (4)   It is a defence to a charge under subsection (1) to prove
13                   that, at the time the dog was impregnated, the owner
14                   honestly and reasonably believed the dog was sterilised
15                   or otherwise sterile.

16        26J.       Court may order sterilisation
17             (1)   If a person is convicted of an offence under
18                   section 26I(1), the court may, in addition to any penalty
19                   imposed under that section, order that the person
20                   ensure that any, or all, dogs owned by the person, as
21                   specified in the order, are sterilised within the time
22                   ordered by the court.
23             (2)   A court that makes an order under subsection (1) is to
24                   ensure that a copy of the order is provided to the local
25                   government of the district in which the person subject
26                   to the order lives.
27             (3)   An order under subsection (1) may be enforced as if it
28                   were a judgment of the court.




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1    26K.    Application for approval to breed
2      (1)   The owner of a dog that is ordinarily kept in the district
3            of a local government may apply to the local
4            government for the grant of an approval to breed dogs
5            (an approval to breed).
6      (2)   An application for the grant of an approval to breed
7            must be made in accordance with Part X Division 2.

8    26L.    Approval to breed
9      (1)   On receiving an application for the grant of an approval
10           to breed, a local government is to grant or refuse to
11           grant the approval.
12     (2)   The local government may refuse to grant an approval
13           to breed only if the local government is satisfied that at
14           least one of the following applies --
15             (a) the applicant is an individual under 18 years of
16                   age;
17             (b) the applicant is a convicted person;
18             (c) the applicant does not have access to any, or to
19                   sufficient, facilities to breed dogs in accordance
20                   with the requirements of any relevant written
21                   law;
22             (d) the applicant is not a fit and proper person to
23                   breed dogs;
24             (e) a circumstance prescribed for the purposes of
25                   this subsection.
26     (3)   An approval to breed is subject to any conditions the
27           local government --
28             (a) considers necessary or desirable to impose; and
29             (b) specifies in the approval.




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1                (4)   The local government may, at any time by written
2                      notice to the holder of the approval to breed, amend or
3                      revoke the conditions, or impose new conditions, on
4                      the approval.
5                (5)   An approval to breed remains in force unless and until
6                      it is cancelled in accordance with section 26M.

7            26M.      Cancellation of approval to breed
8                      A local government may cancel an approval to breed
9                      that the local government granted to a person only if
10                     the person requests that the local government cancel
11                     the approval or the local government is satisfied that --
12                       (a) any of the things set out in section 26L(2)
13                             applies in relation to the person; or
14                       (b) the person has not complied with a condition
15                             imposed on the approval; or
16                       (c) the person no longer keeps any dogs in the
17                             district of the local government; or
18                       (d) the person has not complied with a requirement
19                             under this Act or the Animal Welfare Act 2002;
20                             or
21                       (e) a circumstance prescribed for the purposes of
22                             this section applies.
23


24   23.         Section 27 amended
25         (1)   In section 27(2) in the Penalty delete "Penalty:" and insert:
26

27               Penalty for this subsection:
28




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1          (2)   In section 27(4) delete "the prescribed manner and form," and
2                insert:
3

4                a manner and form approved by the local government,
5


6    24.         Section 29 amended
7          (1)   After section 29(3)(ca) insert:
8

9                      (caa)   a dog is required under this Act to be sterilised
10                             but is not sterilised; or
11

12         (2)   After section 29(3) insert:
13

14           (4AA) In relation to subsection (3)(caa), an authorised person
15                 may enter any premises and seize and detain the dog
16                 under subsection (3) if --
17                   (a) the entry is under a warrant issued under
18                          subsection (5C); or
19                   (b) an occupier of the premises who has reached
20                          18 years of age consents to the entry.
21

22         (3)   In section 29(4) delete "fees" and insert:
23

24               fees, costs
25




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1          (4)    After section 29(5b) insert:
2

3                (5C)   If a Justice of the Peace is satisfied that there are
4                       reasonable grounds to believe that a dog is required
5                       under this Act to be sterilised but is not sterilised, the
6                       Justice of the Peace may issue a warrant authorising
7                       any authorised person to enter any premises and seize
8                       and detain the dog under subsection (3).
9

10         (5)    In section 29(8) delete "section 33G," and insert:
11

12                sections 30A and 33G,
13


14   25.          Section 30A amended
15         (1)    In section 30A(1) delete the passage that begins with "if the
16                operator" and continues to the end of the subsection and insert:
17

18                if the operator believes on reasonable grounds that the dog is not
19                microchipped and is required under section 21 or 22 to be
20                microchipped.
21

22         (2)    Delete section 30A(2) and insert:
23

24               (1A)   The operator of a dog management facility may cause a
25                      dog kept at the facility to be sterilised before the dog is
26                      reclaimed or otherwise transferred from the facility
27                      if --
28                         (a) the owner of the dog consents to the
29                             sterilisation; or




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1            (b)   the operator --
2                     (i) believes on reasonable grounds that the
3                         dog is not sterilised; and
4                    (ii) if required to give notice under
5                         subsection (1B) -- has given the notice
6                         and the period specified in the notice
7                         has passed; and
8                   (iii) believes on reasonable grounds that the
9                         dog is required under this Act to be
10                        sterilised.
11   (1B)   If the operator of a dog management facility proposes
12          to cause a dog kept at the facility to be sterilised, the
13          operator must, if the operator knows the identity of the
14          owner of the dog, give notice in writing to the
15          owner --
16            (a) stating that the operator proposes to cause the
17                  dog to be sterilised; and
18            (b) inviting the owner, within the period specified
19                  in the notice (which must not be less than
20                  7 days from the day the notice is given), to
21                  make submissions to the operator as to why the
22                  dog is not required under this Act to be
23                  sterilised.
24    (2)   The owner of a dog kept at a dog management facility
25          is liable to pay to the operator of the facility the
26          reasonable costs associated with any of the
27          following --
28            (a) the implantation of a microchip in the dog
29                   under subsection (1);




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1                        (b)    the sterilisation of the dog under
2                               subsection (1A).
3

4                Note: The heading to amended section 30A is to read:
5                      Operator of dog management facility may have dog microchipped
6                      or sterilised at owner's expense

7    26.         Section 30 amended
8          (1)   In section 30(2) in the Penalty delete "Penalty:" and insert:
9

10               Penalty for this subsection:
11

12         (2)   In section 30(3) delete "subsection (1)(a)" and insert:
13

14               subsection (1)
15


16   27.         Section 33A amended
17         (1)   In section 33A(2)(a) delete "a pet shop or".
18         (2)   In section 33A(3) in the Penalty delete "Penalty:" and insert:
19

20               Penalty for this subsection:
21


22   28.         Section 33K amended
23         (1)   In section 33K(1) in the Penalty delete "Penalty:" and insert:
24

25               Penalty for this subsection:
26




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1    (2)   In section 33K(2) in the Penalty delete "Penalty:" and insert:
2

3          Penalty for this subsection:
4

5    (3)   In section 33K(3) in the Penalty delete "Penalty:" and insert:
6

7          Penalty for this subsection:
8

9    (4)   In section 33K(4) delete "transferred --" and insert:
10

11         transferred, in addition to the information referred to in
12         section 26H(2) --
13

14   (5)   In section 33K(4) in the Penalty delete "Penalty:" and insert:
15

16         Penalty for this subsection:
17

18   (6)   In section 33K(5A) after "transferred," insert:
19

20         in addition to the information referred to in section 26H(2),
21

22   (7)   In section 33K(5A) in the Penalty delete "Penalty:" and insert:
23

24         Penalty for this subsection:
25




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1          (8)   In section 33K(5) in the Penalty delete "Penalty:" and insert:
2

3                Penalty for this subsection:
4


5    29.         Section 34 amended
6                In section 34(4) in the Penalty delete "Penalty:" and insert:
7

8                Penalty for this subsection:
9


10   30.         Part VIA inserted
11               After section 38 insert:
12


13               Part VIA -- Pet shops and supply of dogs to
14                      relevant pet shop businesses
15                              Division 1 -- Preliminary
16           38A.      Supply of dogs to relevant pet shop businesses
17                     For the purposes of this Part, a person supplies a dog to
18                     a relevant pet shop business if --
19                       (a) the person supplies the dog to the person who
20                             conducts the relevant pet shop business, or a
21                             person acting on their behalf; and
22                       (b) the person who conducts the relevant pet shop
23                             business, or the person acting on their behalf, is
24                             acting for the purposes of the business.




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1    Division 2 -- Approval of pet shop for relevant pet shop
2                          business
3    38B.    Pet shop for relevant pet shop business must be
4            approved
5            A person must not conduct a relevant pet shop business
6            unless the person holds a pet shop approval for the pet
7            shop granted by the local government in whose district
8            the pet shop is located.
9            Penalty: a fine of $10 000.

10   38C.    Application for pet shop approval
11     (1)   A person who intends to conduct, or who conducts, a
12           relevant pet shop business may apply to the local
13           government in whose district the pet shop is located
14           for --
15             (a) the grant of an approval for the pet shop (a pet
16                   shop approval); or
17             (b) the renewal of the pet shop approval for the pet
18                   shop.
19     (2)   An application for the grant or renewal of a pet shop
20           approval must be made in accordance with Part X
21           Division 2.

22   38D.    Pet shop approval
23     (1)   On receiving an application for the grant or renewal of
24           a pet shop approval, a local government is to --
25             (a) grant or refuse to grant the pet shop approval;
26                   or
27             (b) renew or refuse to renew the pet shop approval.




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1              (2)   The local government may refuse to grant or renew a
2                    pet shop approval only if the local government is
3                    satisfied that at least one of the following applies --
4                      (a) the applicant is a convicted person;
5                      (b) in the case of a renewal -- a circumstance in
6                            section 38E(c), (d), (e) or (f);
7                      (c) the facilities that the applicant proposes to use,
8                            or uses, to keep dogs for the purposes of the
9                            relevant pet shop business do not meet the
10                           requirements of any relevant written law;
11                     (d) a circumstance prescribed for the purposes of
12                           this subsection.
13             (3)   The approval is subject to any conditions the local
14                   government --
15                     (a) considers necessary or desirable to impose; and
16                    (b) specifies in the approval.
17             (4)   The local government may, at any time by written
18                   notice to the holder of the approval, amend or revoke
19                   the conditions, or impose new conditions, on the
20                   approval.
21             (5)   A pet shop approval has effect for the period of 1 year
22                   beginning on the day on which the approval is granted
23                   or, in the case of a renewal, the day on which the
24                   approval is renewed, unless it is cancelled earlier in
25                   accordance with section 38E.

26        38E.       Cancellation of pet shop approval
27                   A local government may cancel a pet shop approval
28                   that the local government granted to a person only if
29                   the person requests that the local government cancel
30                   the approval or the local government is satisfied that --
31                     (a) any of the things set out in section 38D(2)(a),
32                           (c) or (d) applies in relation to the person; or

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1             (b)    the person does not need the approval; or
2             (c)    the person has not complied with a condition
3                    imposed on the approval; or
4             (d)    the person has not complied with a requirement
5                    under this Act or the Animal Welfare Act 2002;
6                    or
7             (e)    there has been a contravention of this Act or the
8                    Animal Welfare Act 2002 in relation to the
9                    relevant pet shop business conducted by the
10                   person or the pet shop to which the approval
11                   relates; or
12             (f)   a circumstance prescribed for the purposes of
13                   this section applies.

14   38F.    Continuation of pet shop approval until application
15           for renewal decided
16     (1)   This section applies if --
17            (a) a person who holds a pet shop approval applies,
18                  before the expiry of the approval, for the
19                  renewal of the approval; and
20            (b) the local government has not renewed the
21                  approval or given notice to the person of its
22                  decision to refuse to renew the approval.
23     (2)   The pet shop approval continues to have effect, despite
24           the date of its expiry passing, until the local
25           government renews the approval or has given notice to
26           the person of its decision to refuse to renew the
27           approval.




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1         Division 3 -- Obligations of person conducting relevant
2                           pet shop business
3         38G.    Relevant pet shop business only to supply dogs
4                 obtained from holder of dog supply approval
5                 A person who conducts a relevant pet shop business
6                 must ensure that a dog is not supplied or offered for
7                 supply in the course of the relevant pet shop business
8                 unless the dog was supplied to the relevant pet shop
9                 business by the holder of a dog supply approval.
10                Penalty: a fine of $10 000.

11        38H.    Pet shop to display certificate of registration
12                A person who conducts a relevant pet shop business
13                must ensure that the pet shop certificate for the pet
14                shop is displayed publicly at the pet shop.
15                Penalty: a fine of $5 000.

16        38I.    Person conducting relevant pet shop business to
17                provide certain information
18                A person who conducts a relevant pet shop business
19                must ensure that --
20                 (a) any person who is supplied with a dog in the
21                       course of the relevant pet shop business is
22                       provided, before the dog is supplied, with --
23                         (i) the prescribed information about the
24                              person who supplied the dog to the
25                              relevant pet shop business; and
26                        (ii) the pet shop number for the pet shop;
27                       and




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1             (b)   any person to whom the supply of a dog is
2                   offered in the course of the relevant pet shop
3                   business is, if the person requests, provided
4                   with --
5                      (i) the prescribed information about the
6                            person who supplied the dog to the
7                            relevant pet shop business; and
8                     (ii) the pet shop number for the pet shop.
9            Penalty: a fine of $5 000.

10   38J.    Person conducting relevant pet shop business to
11           provide copy of health certificate
12           A person who conducts a relevant pet shop business
13           must ensure that --
14            (a) any person who is supplied with a dog in the
15                  course of the relevant pet shop business is
16                  provided, before the dog is supplied, with a
17                  copy of the health certificate for the dog; and
18            (b) any person to whom the supply of a dog is
19                  offered in the course of the relevant pet shop
20                  business is, if the person requests, provided
21                  with a copy of the health certificate for the dog.
22           Penalty: a fine of $5 000.

23   38K.    Person conducting relevant pet shop business to
24           keep records relating to source of dogs
25     (1)   In this section --
26           relevant dog, in relation to a person who conducts a
27           relevant pet shop business, means each of the
28           following --
29             (a) a dog kept for the purposes of the relevant pet
30                    shop business;




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1                     (b)   a dog that is supplied or offered for supply in
2                           the course of the relevant pet shop business.
3              (2)   A person who conducts a relevant pet shop business
4                    must keep, in relation to each relevant dog, a record
5                    that --
6                      (a) contains the prescribed information about the
7                           dog, including information about the person
8                           who supplied the dog to the relevant pet shop
9                           business; and
10                     (b) includes any evidence necessary to enable the
11                          information in the record to be verified.
12             (3)   The person must keep the record, even if the person
13                   ceases to conduct the relevant pet shop business --
14                     (a) in the prescribed way, if any; and
15                     (b) until --
16                             (i) in relation to a dog kept for the purposes
17                                  of the relevant pet shop business -- the
18                                  end of the period of 5 years after the day
19                                  on which the relevant dog ceased being
20                                  kept for the purposes of the relevant pet
21                                  shop business; and
22                            (ii) in relation to a dog that is supplied or
23                                  offered for supply in the course of the
24                                  relevant pet shop business -- the end of
25                                  the period of 5 years after the day on
26                                  which the dog is supplied or first
27                                  offered for supply.
28             (4)   If the regulations prescribe a time within which a
29                   record referred to in subsection (2) must be made, the
30                   record must be made within that time.




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1      (5)   A person who fails to comply with this section
2            commits an offence.
3            Penalty for this subsection: a fine of $10 000.

4    38L.    Person conducting relevant pet shop business to
5            provide information to local government
6      (1)   A local government may request a person who
7            conducts or has conducted a relevant pet shop business,
8            the pet shop for which is or was located in the local
9            government's district, to provide the local government
10           with any record, information or evidence the person is
11           required to keep under section 38K.
12     (2)   The local government may take extracts from, or make
13           copies of, any record, information or evidence
14           provided.
15     (3)   A request made under subsection (1) must specify the
16           time within which the record, information or evidence
17           must be provided to the local government.
18     (4)   A person must comply with a request made of the
19           person under subsection (1) within the time specified in
20           the request (or, if another time is agreed between the
21           local government and the person, within that time).
22           Penalty for this subsection: a fine of $10 000.

23   38M.    Self-incrimination
24     (1)   A person is not excused from complying with a request
25           under section 38L to provide a record, information or
26           evidence on the ground that the record, information or
27           evidence might incriminate the person or make the
28           person liable to a penalty.




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1              (2)   However, any record, information or evidence
2                    provided by an individual in compliance with a request
3                    under section 38L is not admissible in evidence in any
4                    proceedings against the individual for an offence other
5                    than proceedings for an offence against this Act or
6                    arising out of the false or misleading nature of the
7                    record, information or evidence.

8                       Division 4 -- Dog supply approval
9         38N.       Only holder of dog supply approval may supply
10                   dogs to relevant pet shop businesses
11             (1)   A person (the supplier) must not supply a dog to a
12                   relevant pet shop business unless --
13                     (a) the dog is a stray, abandoned, seized or
14                           surrendered dog that is being kept --
15                             (i) as part of refuge operations conducted
16                                   by the supplier; or
17                            (ii) in a dog management facility operated
18                                   by the supplier;
19                           and
20                     (b) the supplier holds a dog supply approval.
21                   Penalty for this subsection: a fine of $10 000.
22             (2)   A person (the supplier) must not supply a dog to a
23                   relevant pet shop business unless the supplier has --
24                     (a) obtained, in respect of the dog, a certificate
25                           issued by a veterinarian that declares that the
26                           veterinarian has completed a health assessment
27                           of the dog and that outlines the prescribed
28                           information in relation to the health status of
29                           the dog (a health certificate); and




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1             (b)   provided the person who conducts the relevant
2                   pet shop business, or the person acting on their
3                   behalf, with a copy of the health certificate.
4            Penalty for this subsection: a fine of $5 000.

5    38O.    Person conducting refuge operations or operating
6            dog management facility may apply for dog supply
7            approval
8      (1)   A person who conducts refuge operations or is the
9            operator of a dog management facility may apply to the
10           CEO for the grant of an approval to supply to relevant
11           pet shop businesses dogs kept as part of the refuge
12           operations or in the dog management facility (a dog
13           supply approval).
14     (2)   An application for the grant of an approval must --
15            (a) be made in a manner and form approved by the
16                  CEO; and
17            (b) contain the information prescribed; and
18            (c) without limiting paragraph (b), contain
19                  information regarding the intended sources of
20                  dogs to be supplied; and
21            (d) be accompanied by the fee, if any, prescribed;
22                  and
23            (e) comply with any other requirements that are
24                  prescribed.
25     (3)   The CEO may require the applicant to give the CEO,
26           within a specified time, any document or information
27           that the CEO requires to determine the application and
28           may require the applicant to verify the information by
29           statutory declaration.




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1              (4)   The CEO may refuse to consider an application if the
2                    applicant does not comply with a requirement under
3                    subsection (3) within the specified time.

4         38P.       Dog supply approval
5              (1)   On receiving an application for the grant of a dog
6                    supply approval, the CEO is to grant or refuse to grant
7                    the dog supply approval.
8              (2)   The CEO may refuse to grant a dog supply approval
9                    only if the CEO is satisfied that at least one of the
10                   following applies --
11                     (a) the applicant is a convicted person;
12                     (b) in the case of an applicant who purports to
13                            conduct refuge operations -- there are
14                            reasonable grounds to suspect that the applicant
15                            is not conducting genuine refuge operations;
16                     (c) the dog management facility does not, or the
17                            facilities that the applicant uses to keep dogs
18                            for the purposes of the refuge operations do not,
19                            meet the requirements of any relevant written
20                            law;
21                     (d) a local government objects to the grant of the
22                            approval;
23                     (e) a circumstance prescribed for the purposes of
24                            this subsection.
25             (3)   The approval is subject to any conditions the CEO --
26                    (a) considers necessary or desirable to impose; and
27                    (b) specifies in the approval.
28             (4)   The CEO may, at any time by written notice to the
29                   holder of the approval, amend or revoke the conditions,
30                   or impose new conditions, on the approval.




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1      (5)   A dog supply approval remains in force unless and
2            until it is cancelled in accordance with section 38Q.

3    38Q.    Cancellation of dog supply approval
4            The CEO may cancel a dog supply approval granted to
5            a person only if the person requests that the CEO
6            cancel the approval or the CEO is satisfied that --
7              (a) any of the things set out in section 38P(2)
8                    applies in relation to the person; or
9              (b) the person does not need the approval; or
10             (c) the person has not complied with a condition
11                   imposed on the approval; or
12             (d) the person has supplied to a relevant pet shop
13                   business a dog which the CEO suspects, on
14                   reasonable grounds, is not a stray, abandoned,
15                   seized or surrendered dog; or
16             (e) the person has not complied with a requirement
17                   under this Act or the Animal Welfare Act 2002;
18                   or
19              (f) there has been a contravention of this Act or the
20                   Animal Welfare Act 2002 in relation to the
21                   refuge operations or dog management facility
22                   to which the approval relates; or
23             (g) a circumstance prescribed for the purposes of
24                   this section applies.

25   38R.    Notice of certain decisions made under this Division
26     (1)   This section applies to each of the following --
27            (a) a decision to refuse to grant a dog supply
28                  approval;




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1                     (b)   a decision to cancel a dog supply approval
2                           (other than a decision to cancel the approval at
3                           the request of the person who held the
4                           approval);
5                     (c)   a decision to impose or amend conditions on a
6                           dog supply approval.
7              (2)   Within 7 days after the day on which the CEO makes a
8                    decision referred to in subsection (1), the CEO is to
9                    give to the applicant for, or holder of, the approval to
10                   which the decision relates written notice of the decision
11                   and the reasons for the decision.
12             (3)   The regulations may provide for the review by the
13                   State Administrative Tribunal of a decision of the CEO
14                   referred to in subsection (1) and may provide for the
15                   effect of a decision to be suspended while a right of
16                   review exists or a review is underway.

17        38S.       Record of dog supply approval
18             (1)   As soon as practicable after the CEO makes a decision
19                   to grant or refuse to grant a dog supply approval, the
20                   CEO is to enter the decision and the prescribed
21                   information in the centralised registration system.
22             (2)   The CEO is to ensure that the information recorded
23                   under subsection (1) is updated to reflect --
24                     (a) any change to the information notified under
25                          section 38T; and
26                    (b) any imposition or amendment of conditions on
27                          the dog supply approval; and
28                     (c) any cancellation of the dog supply approval;
29                          and




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1             (d)   the outcome of any review provided for under
2                   section 38R(3).

3    38T.    Notice of change to information
4            The holder of a dog supply approval must, within
5            7 days after the day on which the holder becomes
6            aware of a change to any of the information prescribed
7            under section 38S(1) in respect of the dog supply
8            approval, give notice in writing of the change to the
9            CEO.
10           Penalty: a fine of $5 000.

11      Division 5 -- Obligations of holder of dog supply
12                         approval
13   38U.    Holder of dog supply approval to keep records
14     (1)   A person who holds a dog supply approval must keep,
15           in relation to each dog supplied by the person to a
16           relevant pet shop business, a record that --
17             (a) contains the prescribed information in relation
18                    to the source and history of the dog; and
19             (b) includes any evidence necessary to enable the
20                    information in the record to be verified.
21     (2)   The person must keep the record, even if the person
22           ceases to hold the dog supply approval --
23             (a) in the prescribed way, if any; and
24             (b) for 5 years after the day on which the dog was
25                   supplied by the person.




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1              (3)   If the regulations prescribe a time within which a
2                    record referred to in subsection (1) must be made, the
3                    record must be made within that time.
4              (4)   A person who fails to comply with this section
5                    commits an offence.
6                    Penalty for this subsection: a fine of $5 000.

7         38V.       Holder of dog supply approval to provide
8                    information to CEO
9              (1)   The CEO may request a person who holds or has held a
10                   dog supply approval to provide the CEO with any of
11                   the following --
12                     (a) any record, information or evidence the person
13                           is required to keep under section 38U;
14                     (b) any other information, evidence or document
15                           that the CEO requires to determine if the dog
16                           supply approval should remain in force.
17             (2)   The CEO may take extracts from, or make copies of,
18                   any record, information, evidence or document
19                   provided.
20             (3)   A request made under subsection (1) must specify the
21                   time within which the record, information, evidence or
22                   document must be provided to the CEO.
23             (4)   A person must comply with a request made of the
24                   person under subsection (1) within the time specified in
25                   the request (or, if another time is agreed between the
26                   CEO and the person, within that time).
27                   Penalty for this subsection: a fine of $5 000.




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1    38W.    Holder of dog supply approval to provide
2            information to local government
3      (1)   In this section, a relevant pet shop business is an
4            applicable pet shop business in relation to a local
5            government if the pet shop is located in the local
6            government's district.
7      (2)   A local government may request a person who holds or
8            has held, or purports to hold or have held, a dog supply
9            approval, and who supplies or has supplied dogs to an
10           applicable pet shop business, to provide the local
11           government with any of the following --
12             (a) evidence that the person holds or has held the
13                   dog supply approval;
14             (b) a copy of the health certificate of any dog
15                   supplied by the person to an applicable pet shop
16                   business in the previous 5 years or, if a shorter
17                   period, the period since the person was granted
18                   the dog supply approval.
19     (3)   The local government may take extracts from, or make
20           copies of, any evidence or copy provided.
21     (4)   A request made under subsection (2) must specify the
22           time within which the evidence or copy must be
23           provided to the local government.
24     (5)   A person must comply with a request made of the
25           person under subsection (2) within the time specified in
26           the request (or, if another time is agreed between the
27           local government and the person, within that time).
28           Penalty for this subsection: a fine of $5 000.




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1          38X.      Self-incrimination
2              (1)   A person is not excused from complying with a request
3                    under this Division to provide information, evidence, a
4                    record or a document on the ground that the
5                    information, evidence, record or document might
6                    incriminate the person or make the person liable to a
7                    penalty.
8              (2)   However, any information, evidence, record or
9                    document provided by an individual in compliance
10                   with a request under this Division is not admissible in
11                   evidence in any proceedings against the individual for
12                   an offence other than proceedings for an offence
13                   against this Act or arising out of the false or misleading
14                   nature of the information, evidence, record or
15                   document.
16


17   31.       Section 43AA inserted
18             After section 43 insert:
19


20         43AA. False or misleading information
21             (1)   A person must not do anything set out in
22                   subsection (2) --
23                     (a) in, or in connection with, an application for an
24                          approval under this Act; or
25                     (b) in, or in connection with, a notice or document
26                          given under this Act; or
27                     (c) in dealing with a person who is performing a
28                          function under this Act; or




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1                       (d)   in compliance, or purported compliance, with a
2                             requirement under this Act.
3                      Penalty for this subsection: a fine of $5 000.
4                (2)   The things to which subsection (1) applies are making
5                      a statement or giving information that --
6                        (a) the person knows is false or misleading in a
7                              material particular; or
8                        (b) omits anything without which the statement or
9                              information is, to the person's knowledge,
10                             misleading in a material particular.
11


12   32.         Section 43A amended
13         (1)   At the beginning of section 43A insert:
14

15               (1)   In this section --
16                     relevant person means an authorised person or a
17                     designated person.
18

19         (2)   In section 43A delete the passage that begins with "A person
20               who" and ends with "residence." and insert:
21

22               (2)   A person who is alleged by a relevant person to be
23                     concerned in the commission of an offence against this
24                     Act must give to that relevant person on demand their
25                     full name, date of birth and residential address.
26




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1          (3)   In section 43A in the Penalty delete "Penalty:" and insert:
2

3                Penalty for this subsection:
4


5    33.         Section 43B inserted
6                After section 43A insert:
7


8            43B.      General powers of relevant persons
9                (1)   In this section --
10                     authorised purpose means the purpose of investigating
11                     whether, or collecting evidence that --
12                       (a) an offence is being, or has been, committed
13                              against this Act; or
14                       (b) grounds exist for the cancellation of an
15                              approval to breed, a pet shop approval or a dog
16                              supply approval;
17                     relevant person means an authorised person or a
18                     designated person.
19               (2)   A relevant person may, in any premises lawfully
20                     entered, do any one or more of the following as is
21                     reasonably required for an authorised purpose --
22                       (a) examine, seize, copy or take extracts from a
23                             document;
24                       (b) take photographs, films and audio, video or
25                             other recordings;
26                       (c) direct a person to answer questions;
27                       (d) examine, including by scanning, a dog;




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1                        (e)   take any other action that the relevant person
2                              believes, on reasonable grounds, is necessary.
3


4    34.         Section 44 amended
5          (1)   After section 44(2)(b) insert:
6

7                       (ba)   by the CEO or a designated person; or
8

9          (2)   In section 44(3) delete the passage that begins with
10               "government no" and ends with "authorised shall be" and insert:
11

12               government, the CEO or a designated person, no proof is
13               required that the person is authorised to take the proceedings
14               (or, in the case of an employee of a local government, of the
15               appointment of that employee as an employee of the local
16               government), but the averment on the process that the person is
17               authorised to take the proceedings is
18


19   35.         Section 45 amended
20               In section 45(1):
21                 (a) in paragraph (a)(xii) and (xiii) delete "3 months of " and
22                       insert:
23

24                       a certain
25

26                (b)    in paragraph (b) delete "the age of 3 months" and insert:
27

28                       a certain age
29




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1    36.        Section 45A amended
2               In section 45A(4) delete "the local government by whom that
3               person was notified of the commission of the offence that the
4               modified penalty has been paid to that local government shall
5               be" and insert:
6

7               the local government or designated person by whom that person
8               was notified of the commission of the offence that the modified
9               penalty has been paid to that local government or designated
10              person is
11


12   37.        Part X heading replaced
13              Delete the heading to Part X and insert:
14


15                           Part X -- Miscellaneous
16


17   38.        Part X Division 1 heading inserted
18              At the beginning of Part X insert:
19


20                            Division 1 -- Regulations
21


22   39.        Section 54 amended
23              After section 54(2B) insert:
24

25             (2C)   Despite the Interpretation Act 1984 section 45(3), the
26                    Interpretation Act 1984 section 45(1) and (2) applies to
27                    subsidiary legislation made under a power conferred by
28                    this Act.



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1           (2D)   Without limiting subsection (1), regulations may
2                  require or permit any notice, information or document
3                  required or authorised to be given under this Act to be
4                  given in a certain way or ways, including by using the
5                  centralised registration system.
6


7    40.     Part X Division 2 inserted
8            At the end of Part X insert:
9


10                 Division 2 -- Local government approvals

11                  Subdivision 1 -- Applications for approval

12         54A.    Applications
13           (1)   An application for the grant of an approval to breed, or
14                 for the grant or renewal of a pet shop approval, must --
15                   (a) be made in a manner and form approved by the
16                         CEO; and
17                   (b) contain the information prescribed; and
18                   (c) be accompanied by the fee, if any, prescribed;
19                         and
20                   (d) comply with any other requirements that are
21                         prescribed.
22           (2)   A local government that receives an application may
23                 require the applicant to give the local government,
24                 within a specified time, any document or information
25                 that the local government requires to determine the
26                 application and may require the applicant to verify the
27                 information by statutory declaration.




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1              (3)   The local government may refuse to consider an
2                    application if the applicant does not comply with a
3                    requirement under subsection (2) within the specified
4                    time.

5            54B.    Record of approval
6              (1)   As soon as practicable after a local government makes
7                    a decision to grant or refuse to grant an approval to
8                    breed or a pet shop approval, or to renew or refuse to
9                    renew a pet shop approval, the local government is to
10                   enter the decision and the prescribed information in the
11                   centralised registration system.
12             (2)   A local government is to ensure that the information
13                   recorded under subsection (1) is updated to reflect --
14                     (a) any change to the information notified under
15                           section 54C; and
16                     (b) any imposition or amendment of conditions on
17                           the approval to breed or pet shop approval; and
18                     (c) any expiry or cancellation of the approval to
19                           breed or pet shop approval; and
20                     (d) the outcome of any objection or review under
21                           section 54G or 54H.

22           54C.    Notice of change to information
23                   The holder of an approval to breed or a pet shop
24                   approval must, within 7 days after the day on which the
25                   holder becomes aware of a change to any of the
26                   information prescribed under section 54B(1) in respect
27                   of the approval, give notice in writing of the change to
28                   the local government that granted the approval.
29                   Penalty: a fine of $5 000.




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1    54D.     Certificate and unique number to be given to holder
2             of approval
3      (1)    If a local government grants an approval to breed or a
4             pet shop approval to a person, the local government
5             must --
6               (a) give the person a certificate containing the
7                      prescribed information; and
8               (b) in the case of a pet shop approval -- issue the
9                      person with a unique number for the pet shop to
10                     which the approval relates (a pet shop
11                     number).
12     (2)    If a local government renews a pet shop approval held
13            by a person, the local government must give the person
14            a certificate containing the prescribed information.
15     (3)    A local government may give a person who holds an
16            approval to breed or a pet shop approval granted by the
17            local government a new certificate if the local
18            government is satisfied that the person's certificate has
19            been stolen, lost, damaged or destroyed.

20           Subdivision 2 -- Objection and review process

21   54E.     Notice of certain decisions made by local
22            government
23     (1)    This section applies to each of the following --
24             (a) a decision to refuse to grant an approval to
25                   breed;
26             (b) a decision to refuse to grant or renew a pet shop
27                   approval;




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1                     (c)   a decision to cancel an approval to breed or a
2                           pet shop approval (other than a decision to
3                           cancel the approval at the request of the person
4                           who held the approval);
5                     (d)   a decision to impose or amend conditions on an
6                           approval to breed or a pet shop approval.
7              (2)   Within 7 days after the day on which a local
8                    government makes a decision referred to in
9                    subsection (1), the local government is to give to the
10                   applicant for, or holder of, the approval to which the
11                   decision relates written notice of --
12                     (a) the decision; and
13                     (b) the reasons for the decision; and
14                     (c) the person's rights under sections 54F and 54H
15                          either --
16                             (i) to lodge a written objection against the
17                                   decision with the local government,
18                                   with a subsequent right to apply to the
19                                   State Administrative Tribunal for a
20                                   review of the decision made by the local
21                                   government on the objection; or
22                            (ii) to apply directly to the State
23                                   Administrative Tribunal for a review of
24                                   the decision.

25           54F.    Objection may be lodged
26             (1)   A person who has been given notice under section 54E
27                   of a decision by a local government may, within
28                   28 days after the day on which the person was given
29                   the notice, object in writing to the decision.
30             (2)   The objection is made by preparing it in a form
31                   approved by the CEO and containing the information
32                   prescribed, and lodging it with the local government in
33                   a manner approved by the local government.

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1      (3)   Subsection (1) does not apply if the person has applied
2            for a review of the decision under section 54H.

3    54G.    Dealing with objection
4      (1)   The objection is to be dealt with by the council of the
5            local government or by a committee authorised by the
6            council to deal with the objection.
7      (2)   A committee cannot deal with an objection against a
8            decision that the committee made or a decision that the
9            council made.
10     (3)   The person who made the objection is to be given a
11           reasonable opportunity to make submissions on how to
12           dispose of the objection.
13     (4)   The objection may be disposed of by --
14            (a) dismissing the objection; or
15            (b) varying the decision objected to; or
16            (c) revoking the decision objected to, with or
17                  without substituting for it another decision.
18     (5)   The local government is to ensure that the person who
19           made the objection is given notice in writing of how it
20           has been decided to dispose of the objection and the
21           reasons for disposing of it in that way.

22   54H.    Review of decisions
23     (1)   A person who has been given notice under section 54E
24           of a decision by a local government may apply to the
25           State Administrative Tribunal for a review of the
26           decision if the person --
27             (a) has not lodged an objection to the decision
28                   under section 54F; or




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1                      (b)   has lodged an objection but, at the expiration of
2                            35 days after the day on which the objection
3                            was lodged, has not been given notice in
4                            writing of how it has been decided to dispose of
5                            the objection.
6               (2)   An application under subsection (1) must be made --
7                      (a) if subsection (1)(a) applies -- within 42 days
8                            after the day on which the person is given the
9                            notice under section 54E; or
10                     (b) if subsection (1)(b) applies -- more than
11                           35 days, but within 77 days, after the day on
12                           which the person lodged the objection.
13              (3)   If the person lodged an objection and has been given
14                    notice in writing of how it has been decided to dispose
15                    of the objection, the person may apply to the State
16                    Administrative Tribunal, within 42 days after the day
17                    on which the person was given the notice, for a review
18                    of the decision on the objection.

19           54I.     Suspension of effect of some decisions
20              (1)   This section applies if --
21                     (a) a decision has been made to --
22                              (i) cancel an approval to breed or a pet
23                                   shop approval; or
24                             (ii) not renew a pet shop approval;
25                           or
26                     (b) a decision has been made under section 54G to
27                           dispose of an objection in a way that results
28                           in --
29                              (i) an approval to breed or a pet shop
30                                   approval being cancelled; or




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1                           (ii)   a pet shop approval not being renewed.
2            (2)   The effect of the decision is suspended, and the
3                  approval is to be taken to continue to have effect,
4                  until --
5                    (a) if an application is made to the State
6                         Administrative Tribunal under section 54H for
7                         a review of the decision -- the State
8                         Administrative Tribunal determines the
9                         application; or
10                   (b) in any other case -- there is no longer any right
11                        to lodge an objection under section 54F or
12                        apply to the State Administrative Tribunal
13                        under section 54H in relation to the decision.
14           (3)   Subsection (2) does not apply if the State
15                 Administrative Tribunal orders that the effect of the
16                 decision should not be suspended.
17


18   41.     Part XI Division 1A inserted
19           After Part XI Division 1 insert:
20


21           Division 1A -- Transitional provisions for the Dog
22              Amendment (Stop Puppy Farming) Act 2020
23         60A.    Transitional provision for centralised registration
24                 system
25           (1)   In this section --
26                 centralised registration system means the electronic
27                 database or system the CEO will be required to
28                 establish and maintain when the Dog Amendment (Stop
29                 Puppy Farming) Act 2020 section 13 comes into
30                 operation;



                                                                       page 55
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended

     s. 42



1                    commencement day means the day on which the Dog
2                    Amendment (Stop Puppy Farming) Act 2020 section 13
3                    comes into operation.
4              (2)   The CEO may establish and maintain the centralised
5                    registration system before the commencement day and
6                    may --
7                      (a) permit a local government to record in the
8                            centralised registration system any information
9                            that the local government is required under this
10                           Act to record in a register maintained by it; and
11                     (b) cause or permit information to be transferred
12                           from a register maintained by a local
13                           government to the centralised registration
14                           system.
15             (3)   If a local government records information in the
16                   centralised registration system under subsection (2)(a),
17                   or information from a register maintained by the local
18                   government is transferred to the centralised registration
19                   system under subsection (2)(b), before the
20                   commencement day the information is to be taken, for
21                   the purposes of this Act, to be information recorded by
22                   the local government on a register maintained by the
23                   local government.
24


25   42.       Sections 60B to 60E inserted
26             After section 60A insert:
27


28           60B.    Registered unsterilised dogs
29             (1)   In this section --
30                   commencement day means the day on which the Dog
31                   Amendment (Stop Puppy Farming) Act 2020 section 15
32                   comes into operation.


     page 56
                         Dog Amendment (Stop Puppy Farming) Bill 2020
                                Dog Act 1976 amended           Part 2

                                                                         s. 42



1      (2)   If the registration of a dog that is not sterilised is, at the
2            time immediately before the commencement day, in
3            effect under this Act, section 15, as it is immediately
4            before the commencement day, continues to apply to
5            that registration (until the registration ceases to have
6            effect in accordance with that section) as if the Dog
7            Amendment (Stop Puppy Farming) Act 2020 section 15
8            had not been enacted.

9    60C.    Application for registration
10           An application for registration delivered under
11           section 16(1) but not finally dealt with under
12           section 16(2) before the day on which the Dog
13           Amendment (Stop Puppy Farming) Act 2020 section 16
14           comes into operation is, on and from that day, to be
15           dealt with as if the Dog Amendment (Stop Puppy
16           Farming) Act 2020 section 16(5) had not been enacted.

17   60D.    Transition period in relation to approval to breed
18     (1)   In this section --
19           commencement day means the day on which the Dog
20           Amendment (Stop Puppy Farming) Act 2020 section 22
21           comes into operation.
22     (2)   If a dog is pregnant immediately before the
23           commencement day, section 26I does not apply to a
24           birth that results from that pregnancy.

25   60E.    Transition period for relevant pet shop businesses
26     (1)   In this section --
27           application day means the prescribed date;
28           commencement day means the day on which the Dog
29           Amendment (Stop Puppy Farming) Act 2020 section 30
30           comes into operation;



                                                                      page 57
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 2      Dog Act 1976 amended

     s. 42



1                    pre-existing dog, in relation to a relevant pet shop
2                    business, means a dog that is supplied to the relevant
3                    pet shop business (within the meaning of section 38A)
4                    before the application day.
5              (2)   If, immediately before the commencement day, a
6                    person conducts a relevant pet shop business --
7                      (a) sections 38B, 38G, 38H, 38I, 38J, 38K and 38L
8                           do not apply to the person in relation to the
9                           relevant pet shop business and the pet shop
10                          before the application day; and
11                     (b) sections 38G, 38I, 38J, 38K and 38L do not
12                          apply to the person in relation to a pre-existing
13                          dog.
14             (3)   Section 38N does not apply to a person before the
15                   application day.
16




     page 58
                                   Dog Amendment (Stop Puppy Farming) Bill 2020
                                           Cat Act 2011 amended          Part 3

                                                                                 s. 43



1                       Part 3 -- Cat Act 2011 amended
2    43.         Act amended
3                This Part amends the Cat Act 2011.

4    44.         Section 3 amended
5          (1)   In section 3(1) delete the definition of register.
6          (2)   In section 3(1) insert in alphabetical order:
7

8                      centralised registration system has the meaning given
9                      in section 41A(1);
10                     Department CEO means the chief executive officer of
11                     the department of the Public Service principally
12                     assisting the Minister in the administration of this Act;
13

14         (3)   In section 3(1) in the definition of sterilised delete "infertile by
15               a surgical procedure;" and insert:
16

17               infertile;
18

19         (4)   In section 3(1) in the definition of transfer paragraph (a) delete
20               "for, transfer ownership of and offer for sale; and" and insert:
21

22               for and transfer ownership of; and
23


24   45.         Section 8 amended
25               In section 8(2)(a) delete "the manner and form prescribed; and"
26               and insert:
27

28               a manner and form approved by the Department CEO; and
29


                                                                              page 59
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 3      Cat Act 2011 amended

     s. 46



1    46.           Section 12 replaced
2                  Delete section 12 and insert:
3


4            12.         Local governments to keep record of registered cats
5                        in centralised registration system
6                  (1)   A local government is to keep, using the centralised
7                        registration system, an accurate and up-to-date record
8                        of cats registered by the local government.
9                  (2)   The local government is to record in the centralised
10                       registration system the information prescribed in
11                       respect of each cat registered by the local government.
12


13   47.           Section 16 amended
14                 In section 16 after "section 15" insert:
15

16                 that has been given to it
17


18   48.           Section 24 amended
19                 In section 24(a)(ii) delete "section 12(3)" and insert:
20

21                 section 12(2)
22




     page 60
                                  Dog Amendment (Stop Puppy Farming) Bill 2020
                                          Cat Act 2011 amended          Part 3

                                                                              s. 49



1    49.         Section 25 replaced
2                Delete section 25 and insert:
3


4          25.         Notice of change to recorded information
5                      If there is a change to any of the information prescribed
6                      under section 12(2) or 15 in respect of a cat, the owner
7                      of the cat must, within 7 days after the day on which
8                      the owner becomes aware of the change, give notice in
9                      writing of the change --
10                       (a) to the local government with which the cat is
11                              registered, if the change is to the information
12                              prescribed under section 12(2); and
13                       (b) to the microchip database company for the cat,
14                              if the change is to the information prescribed
15                              under section 15.
16                     Penalty: a fine of $5 000.
17


18   50.         Section 33 amended
19               In section 33:
20                 (a) in paragraph (a) delete "microchipped, and has no
21                       reason to believe that the cat is exempt from
22                       microchipping as referred to in section 14(2); or" and
23                       insert:
24

25                      microchipped and is required under section 14 to be
26                      microchipped; or
27




                                                                           page 61
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 3      Cat Act 2011 amended

     s. 51



1                   (b)    in paragraph (b) delete "sterilised, and has no reason to
2                          believe that the cat is exempt from sterilisation as
3                          referred to in section 18(2)," and insert:
4

5                          sterilised and is required under section 18 to be
6                          sterilised,
7


8    51.       Section 36 amended
9              In section 36(2)(a) delete "the manner and form prescribed;
10             and" and insert:
11

12             a manner and form approved by the Department CEO; and
13


14   52.       Sections 40A and 40B inserted
15             After section 40 insert:
16


17           40A.         Record of approval to breed cats
18             (1)        As soon as practicable after a local government makes
19                        a decision to grant or refuse to grant, or to renew or
20                        refuse to renew, an approval to breed cats, the local
21                        government is to enter the decision and the prescribed
22                        information in the centralised registration system.
23             (2)        A local government is to ensure that the information
24                        recorded under subsection (1) is updated to reflect --
25                          (a) any change to the information notified under
26                                section 40B; and
27                          (b) any expiry or cancellation of the approval; and
28                          (c) the outcome of any objection or review under
29                                Part 4 Division 5.



     page 62
                              Dog Amendment (Stop Puppy Farming) Bill 2020
                                      Cat Act 2011 amended          Part 3

                                                                          s. 53



1          40B.     Notice of change to information
2                   An approved cat breeder must, within 7 days after the
3                   day on which the approved cat breeder becomes aware
4                   of a change to any of the information prescribed under
5                   section 40A(1) in respect of their approval to breed
6                   cats, give notice in writing of the change to the local
7                   government that granted the approval.
8                   Penalty: a fine of $5 000.
9


10   53.     Part 4 Division 1A inserted
11           At the beginning of Part 4 insert:
12


13                Division 1A -- Centralised registration system
14         41A.     Centralised registration system
15           (1)    The Department CEO must establish and maintain an
16                  electronic database or system in which information
17                  relating to cats can be recorded (the centralised
18                  registration system).
19           (2)    The Department CEO and each local government is
20                  to --
21                    (a) record in the centralised registration system any
22                        information that is prescribed; and
23                    (b) ensure that the information recorded by it in the
24                        centralised registration system is accurate and
25                        kept up-to-date.
26           (3)    The Department CEO or a local government may cause
27                  any error in, or omission from, the centralised
28                  registration system to be corrected.




                                                                       page 63
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 3      Cat Act 2011 amended

     s. 54



1              (4)   Where anything under this Act is required or permitted
2                    to be done in a manner approved by the Department
3                    CEO, the manner approved by the Department CEO
4                    may, without limitation, involve the use of the
5                    centralised registration system.
6              (5)   Regulations may deal with any matter relating to the
7                    centralised registration system, including (without
8                    limitation) its establishment, maintenance and
9                    accessibility (including its accessibility to the public).
10             (6)   The Department CEO may establish a single database
11                   or system for the purposes of subsection (1) and the
12                   Dog Act 1976 section 13A(1).
13


14   54.       Section 43A inserted
15             At the end of Part 4 Division 1 insert:
16


17           43A.    Delegation by Department CEO
18             (1)   The Department CEO may delegate to a person any
19                   function of the Department CEO under another
20                   provision of this Act.
21             (2)   The delegation must be in writing signed by the
22                   Department CEO.
23             (3)   A person to whom a function is delegated under this
24                   section cannot delegate that function.
25             (4)   A person performing a function that has been delegated
26                   to the person under this section is to be taken to do so
27                   in accordance with the terms of the delegation unless
28                   the contrary is shown.




     page 64
                                   Dog Amendment (Stop Puppy Farming) Bill 2020
                                           Cat Act 2011 amended          Part 3

                                                                               s. 55



1                (5)    Nothing in this section limits the ability of the
2                       Department CEO to perform a function through an
3                       officer or agent.
4


5    55.         Section 76 amended
6                In section 76(2):
7                  (a) in paragraph (b) delete "Act." and insert:
8

9                        Act;
10

11                (b)    after paragraph (b) insert:
12

13                       (c)    a requirement or permission to give notices,
14                              information or documents required or
15                              authorised to be given under this Act in a
16                              certain way or ways, including by using the
17                              centralised registration system.
18


19   56.         Section 88 inserted
20               At the end of the Act insert:
21


22         88.          Transitional provision for the Dog Amendment (Stop
23                      Puppy Farming) Act 2020
24               (1)    In this section --
25                      centralised registration system means the electronic
26                      database or system the Department CEO will be
27                      required to establish and maintain when the Dog
28                      Amendment (Stop Puppy Farming) Act 2020 section 53
29                      comes into operation;




                                                                            page 65
     Dog Amendment (Stop Puppy Farming) Bill 2020
     Part 3      Cat Act 2011 amended

     s. 56



1                    commencement day means the day on which the Dog
2                    Amendment (Stop Puppy Farming) Act 2020 section 53
3                    comes into operation;
4                    Department CEO means the chief executive officer of
5                    the department of the Public Service principally
6                    assisting the Minister in the administration of this Act.
7              (2)   The Department CEO may establish and maintain the
8                    centralised registration system before the
9                    commencement day and may --
10                     (a) permit a local government to record in the
11                           centralised registration system any information
12                           that the local government is required under this
13                           Act to record in a register maintained by it; and
14                     (b) cause or permit information to be transferred
15                           from a register maintained by a local
16                           government to the centralised registration
17                           system.
18             (3)   If a local government records information in the
19                   centralised registration system under subsection (2)(a),
20                   or information from a register maintained by the local
21                   government is transferred to the centralised registration
22                   system under subsection (2)(b), before the
23                   commencement day the information is to be taken, for
24                   the purposes of this Act, to be information recorded by
25                   the local government on a register maintained by the
26                   local government.
27


28




 


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