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This is a Bill, not an Act. For current law, see the Acts databases.
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 page ii 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 page iv 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 page 16 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 22 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; page 17 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 22 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; page 18 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 22 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 page 19 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 22 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. page 20 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 22 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. page 21 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 23 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 page 22 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 24 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 page 23 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 25 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 page 24 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 25 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); page 25 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 26 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 page 26 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 28 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 page 27 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 29 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. page 28 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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. page 29 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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 page 30 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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. page 31 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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 page 32 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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; page 33 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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. page 34 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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. page 35 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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 page 36 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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. page 37 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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. page 38 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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; page 39 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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 page 40 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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. page 41 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 30 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. page 42 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 30 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. page 43 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 31 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 page 44 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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 page 45 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 33 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; page 46 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 34 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 page 47 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended s. 36 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. page 48 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 s. 40 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. page 49 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended s. 40 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. page 50 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 s. 40 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; page 51 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended s. 40 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. page 52 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 s. 40 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 page 53 Dog Amendment (Stop Puppy Farming) Bill 2020 Part 2 Dog Act 1976 amended s. 40 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 page 54 Dog Amendment (Stop Puppy Farming) Bill 2020 Dog Act 1976 amended Part 2 s. 41 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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