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


DOG AMENDMENT (STOP PUPPY FARMING) BILL 2021

                    Western Australia


Dog Amendment (Stop Puppy Farming)
            Bill 2021

                        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 2A inserted                               4
      2A.      Objects of Act                     4
8.    Section 3 amended                                 5
9.    Section 7 amended                                 9
10.   Section 9 amended                                 9
11.   Sections 9A and 9B inserted                       9
      9A.      Delegation by CEO                   9
      9B.      Designated persons                 10
12.   Section 10 amended                               11
13.   Section 12A amended                              11
14.   Sections 13A and 13B inserted                    12
      13A.     Centralised registration system    12
      13B.     Dog owner numbers                  13




                           22--1                        page i
Dog Amendment (Stop Puppy Farming) Bill 2021



Contents



      15.    Section 14 replaced                                          13
             14.       Local governments to keep record of
                       registered dogs in centralised registration
                       system                                        13
      16.    Section 15 amended                                           14
      17.    Section 16 amended                                           14
      18.    Section 16A amended                                          16
      19.    Section 17A amended                                          17
      20.    Section 20 amended                                           17
      21.    Section 25 amended                                           17
      22.    Section 26D replaced                                         18
             26D.      Notice of change to recorded information      18
      23.    Part IV inserted                                             18
             Part IV -- Sterilisation and breeding of dogs
             Division 1 -- Requirement for sterilisation
             26E.      Dogs must be sterilised unless exempt         18
             26F.      Unsterilised dog must not be identified as
                       sterilised                                    20
             26G.      Certificate of sterilisation to be given      20
             26H.      Information that must be included in
                       advertising material for dog and given to
                       new owner                                     20
             Division 2 -- Breeding of dogs
             26I.      Application for approval to breed             21
             26J.      Approval to breed                             21
             26K.      Cancellation of approval to breed             22
      24.    Sections 26L and 26M inserted                                23
             26L.      Only holder of approval may breed dogs        23
             26M.      Court may order sterilisation                 24
      25.    Section 27 amended                                           24
      26.    Section 29 amended                                           25
      27.    Section 30A amended                                          26
      28.    Section 30 amended                                           28
      29.    Section 33A amended                                          28
      30.    Section 33K amended                                          28
      31.    Section 34 amended                                           29
      32.    Part VIA inserted                                            30
             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                                30



page ii
            Dog Amendment (Stop Puppy Farming) Bill 2021



                                                            Contents



Division 2 -- Approval of pet shop for relevant pet
       shop business
38B.       Pet shop for relevant pet shop business
           must be approved                            30
38C.       Application for pet shop approval           31
38D.       Pet shop approval                           31
38E.       Cancellation of pet shop approval           32
38F.       Continuation of pet shop approval until
           application for renewal decided             33
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                                    33
38H.       Pet shop to display certificate of
           registration                                34
38I.       Person conducting relevant pet shop
           business to provide certain information     34
38J.       Person conducting relevant pet shop
           business to provide copy of health
           certificate                                 35
38K.       Person conducting relevant pet shop
           business to keep records relating to
           source of dogs                              35
38L.       Person conducting relevant pet shop
           business to provide information to local
           government                                  36
38M.       Self-incrimination                          37
Division 4 -- Dog supply approval
38N.      Only holder of dog supply approval may
          supply dogs to relevant pet shop
          businesses                                   38
38O.      Person conducting refuge operations or
          operating dog management facility may
          apply for dog supply approval                39
38P.      Dog supply approval                          40
38Q.      Cancellation of dog supply approval          41
38R.      Notice of certain decisions made under
          this Division                                41
38S.      Record of dog supply approval                42
38T.      Notice of change to information              43
38U.      Certificate and unique number to be given
          to holder of dog supply approval             43
Division 5 -- Obligations of holder of dog supply
       approval
38V.      Holder of dog supply approval to keep
          records                                      43



                                                             page iii
Dog Amendment (Stop Puppy Farming) Bill 2021



Contents



             38W.      Holder of dog supply approval to provide
                       information to CEO                          44
             38X.      Holder of dog supply approval to provide
                       information to local government             45
             38Y.      Self-incrimination                          46
      33.    Section 43AA inserted                                      46
             43AA.     False or misleading information             46
      34.    Section 43A amended                                        47
      35.    Section 43B inserted                                       48
             43B.      General powers of relevant persons          48
      36.    Section 44 amended                                         49
      37.    Section 45 amended                                         49
      38.    Section 45A amended                                        50
      39.    Part X heading replaced                                    50
             Part X -- Miscellaneous
      40.    Part X Division 1 heading inserted                         50
             Division 1 -- Regulations
      41.    Section 54 amended                                         50
      42.    Part X Division 2 inserted                                 51
             Division 2 -- Local government approvals
             Subdivision 1 -- Applications for approval
             54A.      Applications                                51
             54B.      Record of approval                          52
             54C.      Notice of change to information             52
             54D.      Certificate and unique number to be given
                       to holder of approval                       53
             Subdivision 2 -- Objection and review process
             54E.     Notice of certain decisions made by local
                      government                                   53
             54F.     Objection may be lodged                      54
             54G.     Dealing with objection                       55
             54H.     Review of decisions                          55
             54I.     Suspension of effect of some decisions       56
      43.    Part XA inserted                                           57
             Part XA -- Review
             54J.     Review of amendments made by Dog
                      Amendment (Stop Puppy Farming)
                      Act 2021                                     57
      44.    Part XI Division 3 inserted                                58
             Division 3 -- Transitional provisions for the Dog
                    Amendment (Stop Puppy Farming) Act 2021
             62.       Transitional provision for centralised
                       registration system                         58


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                  Dog Amendment (Stop Puppy Farming) Bill 2021



                                                                  Contents



45.   Sections 63 to 65 inserted                                    59
      63.      Registered unsterilised dogs                  59
      64.      Application for registration                  60
      65.      Transition period for relevant pet shop
               businesses                                    60
      Division 4 -- Amendments to provisions
            inserted by section 23 consequential on
            TAB (Disposal) Act 2019 section 120
46.   Section 26E amended                                           61
47.   Section 26H amended                                           61
      Division 5 -- Amendment to provision inserted
            by section 24 consequential on TAB
            (Disposal) Act 2019 section 120
48.   Section 26L amended                                           61
      Part 3 -- Cat Act 2011 amended
49.   Act amended                                                   62
50.   Section 3 amended                                             62
51.   Section 8 amended                                             63
52.   Section 12 replaced                                           63
      12.      Local governments to keep record of
               registered cats in centralised registration
               system                                        63
53.   Section 16 amended                                            63
54.   Section 24 amended                                            63
55.   Section 25 replaced                                           64
      25.      Notice of change to recorded information      64
56.   Section 33 amended                                            64
57.   Section 36 amended                                            65
58.   Sections 40A and 40B inserted                                 65
      40A.     Record of approval to breed cats              65
      40B.     Notice of change to information               66
59.   Part 4 Division 1A inserted                                   66
      Division 1A -- Centralised registration system
      41A.      Centralised registration system              66
60.   Section 76 amended                                            67
61.   Section 86A inserted                                          68
      86A.     Delegation by Department CEO                  68
62.   Section 88 inserted                                           68
      88.      Transitional provision for the Dog
               Amendment (Stop Puppy Farming)
               Act 2021                                      68


                                                                   page v
                           Western Australia


                     LEGISLATIVE ASSEMBLY


      Dog Amendment (Stop Puppy Farming)
                  Bill 2021

                               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 2021
     Part 1      Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Dog Amendment (Stop Puppy Farming) Act 2021.

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 Divisions 3 to 5) -- on the day after
9                    that day;
10             (c) Part 2 Division 4 --
11                      (i) if the TAB (Disposal) Act 2019 section 120
12                           comes into operation on or before the day on
13                           which section 23 comes into operation under
14                           paragraph (e) -- immediately after section 23
15                           comes into operation; or
16                     (ii) otherwise -- on the day on which the TAB
17                           (Disposal) Act 2019 section 120 comes into
18                           operation;
19             (d) Part 2 Division 5 --
20                      (i) if the TAB (Disposal) Act 2019 section 120
21                           comes into operation on or before the day on
22                           which section 24 comes into operation under
23                           paragraph (e) -- immediately after section 24
24                           comes into operation; or
25                     (ii) otherwise -- on the day on which the TAB
26                           (Disposal) Act 2019 section 120 comes into
27                           operation;
28             (e) the rest of the Act -- on a day fixed by proclamation,
29                   and different days may be fixed for different provisions.




     page 2
                              Dog Amendment (Stop Puppy Farming) Bill 2021
                                      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




                                                                      page 3
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 7



1    7.       Section 2A inserted
2             After section 2 insert:
3


4         2A.       Objects of Act
5             (1)   The objects of this Act are to --
6                    (a) provide for the identification of dogs; and
7                    (b) provide for the registration of dogs; and
8                    (c) promote the responsible breeding of dogs; and
9                    (d) promote the responsible ownership and control
10                         of dogs; and
11                   (e) provide for the effective management of
12                         dangerous dogs; and
13                    (f) regulate the supply of dogs to and by relevant
14                         pet shop businesses.
15            (2)   The objects of this Act are to be primarily achieved by
16                  the following --
17                    (a) imposing obligations in relation to
18                          microchipping dogs;
19                    (b) imposing obligations in relation to registering
20                          dogs;
21                    (c) establishing a centralised registration system
22                          for recording information in relation to dogs
23                          and dog owners;
24                    (d) imposing obligations in relation to sterilising
25                          dogs;
26                    (e) regulating the transfer of ownership of dogs and
27                          the information included in any advertising of
28                          dogs;
29                     (f) providing for the granting of approvals to
30                          breed;


     page 4
                               Dog Amendment (Stop Puppy Farming) Bill 2021
                                        Dog Act 1976 amended         Part 2
                         Amendments commencing on proclamation  Division 3
                                                                        s. 8



1                       (g)   imposing obligations in relation to the keeping
2                             and control of dogs;
3                       (h)   imposing obligations in relation to dangerous
4                             dogs, including restrictions on breeding and
5                             transferring ownership;
6                       (i)   prohibiting the supply of dogs to relevant pet
7                             shop businesses unless the dog is stray,
8                             abandoned, seized or surrendered and the
9                             supplier holds a dog supply approval;
10                      (j)   imposing obligations on persons conducting
11                            relevant pet shop businesses;
12                      (k)   providing for the enforcement of this Act.
13


14   8.         Section 3 amended
15        (1)   In section 3(1) delete the definition of sterilised.
16        (2)   In section 3(1) insert in alphabetical order:
17

18                    approval to breed has the meaning given in
19                    section 26I(1);
20                    centralised registration system has the meaning given
21                    in section 13A(1);
22                    convicted person means a person who has, within the
23                    previous 5 years, been convicted of --
24                      (a) an offence against --
25                               (i) this Act; or
26                              (ii) the Cat Act 2011; or
27                             (iii) the Animal Welfare Act 2002;
28                            or




                                                                          page 5
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 8



1                  (b)     an offence against a law of the Commonwealth,
2                          another State or a Territory that is substantially
3                          the same as an offence referred to in
4                          paragraph (a);
5                 Department means the department of the Public
6                 Service principally assisting the Minister in the
7                 administration of this Act;
8                 designated person has the meaning given in
9                 section 9B(1);
10                dog owner number has the meaning given in
11                section 13B(1);
12                dog supply approval has the meaning given in
13                section 38O(1);
14                health certificate has the meaning given in
15                section 38N(2)(a);
16                non-profit organisation means a body corporate,
17                society, club or association formed otherwise than for
18                the purpose of profit or gain to its individual members;
19                offer, in relation to transfer of ownership, sale or
20                supply, includes advertise, expose or display for
21                transfer of ownership, sale or supply;
22                pet shop, in relation to a relevant pet shop business,
23                means the shop at, in or from which the relevant pet
24                shop business is conducted;
25                pet shop approval has the meaning given in
26                section 38C(1)(a);
27                pet shop certificate means a certificate given under
28                section 54D to a person who holds a pet shop approval;
29                pet shop number has the meaning given in
30                section 54D(1)(b);




     page 6
                         Dog Amendment (Stop Puppy Farming) Bill 2021
                                  Dog Act 1976 amended         Part 2
                   Amendments commencing on proclamation  Division 3
                                                                  s. 8



1               refuge operations means operations conducted by a
2               non-profit organisation for the purposes of providing
3               temporary shelter or care to, and finding suitable
4               homes for, stray, abandoned, seized or surrendered
5               dogs;
6               relevant pet shop business --
7                 (a) means a business, or a part of a business, that is
8                        conducted at, in or from a shop and involves
9                        supplying, or offering to supply, dogs; but
10                (b) does not include --
11                          (i) refuge operations; or
12                         (ii) operations conducted at, in or from a
13                              dog management facility by the operator
14                              of the dog management facility; or
15                        (iii) a business, or a part of a business, of a
16                              prescribed class;
17              shop means a shop that is open to the public generally
18              at specified times or otherwise on a regular basis;
19              sterilised has the meaning given in subsection (1A);
20              supply includes --
21                (a) sell, trade, give away, take consideration for;
22                       and
23                (b) agree to supply, or cause or permit a supply;
24

25   (3)   In section 3(1) in the definition of CEO delete "department of
26         the Public Service principally assisting the Minister in the
27         administration of this Act;" and insert:
28

29         Department;
30




                                                                     page 7
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 8



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

4              (which may include information about its breeder or its owner);
5              and
6

7       (5)    In section 3(1) in the definition of microchip database company
8              paragraph (b) delete "dog and its owner;" and insert:
9

10             dog;
11

12      (6)    In section 3(1) in the definition of transfer paragraph (a) delete
13             "for, transfer ownership of and offer for sale; and" and insert:
14

15             for and transfer ownership of; and
16

17      (7)    After section 3(1) insert:
18

19            (1A)    For the purposes of this Act, a dog is sterilised if the
20                    dog has been made permanently infertile.
21

22      (8)    Delete section 3(2) and insert:
23

24             (2)    A person who is shown in the centralised registration
25                    system as being the last person recorded as the
26                    registered owner of a dog is taken to be the owner of
27                    that dog, whether or not the registration in their name
28                    continues in force, unless they prove that they are not
29                    the owner of the dog.
30




     page 8
                                  Dog Amendment (Stop Puppy Farming) Bill 2021
                                           Dog Act 1976 amended         Part 2
                            Amendments commencing on proclamation  Division 3
                                                                           s. 9



1    9.          Section 7 amended
2          (1)   In section 7(1) in the Penalty delete "Penalty:" and insert:
3

4                Penalty for this subsection:
5

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

8                Animals,
9


10   10.         Section 9 amended
11         (1)   In section 9 delete "It" and insert:
12

13               (1)   It
14

15         (2)   At the end of section 9 insert:
16

17               (2)   Nothing in subsection (1) prevents the CEO from --
18                      (a) performing the CEO's functions under this Act;
19                            or
20                      (b) doing anything the CEO considers appropriate
21                            for the purposes of performing those functions.
22


23   11.         Sections 9A and 9B inserted
24               After section 9 insert:
25


26           9A.       Delegation by CEO
27               (1)   The CEO may delegate to a person any power or duty
28                     of the CEO under another provision of this Act.

                                                                                page 9
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 11



1              (2)   The delegation must be in writing signed by the CEO.
2              (3)   A person to whom a power or duty is delegated under
3                    this section cannot delegate that power or duty.
4              (4)   A person exercising or performing a power or duty that
5                    has been delegated to the person under this section is
6                    taken to do so in accordance with the terms of the
7                    delegation unless the contrary is shown.
8              (5)   Nothing in this section limits the ability of the CEO to
9                    perform a function through an officer or agent.

10        9B.        Designated persons
11             (1)   The CEO may, in writing, authorise persons to perform
12                   the functions conferred on designated persons under
13                   this Act (each a designated person).
14             (2)   An authorisation under this section may --
15                    (a) limit the functions of the designated person to
16                          functions specified in the authorisation; and
17                    (b) be cancelled by the CEO at any time.
18             (3)   The CEO is to issue to each designated person a
19                   certificate stating that the person is a designated person
20                   for the purposes of this Act.
21             (4)   A designated person must produce the certificate issued
22                   under subsection (3) at the reasonable request of a
23                   person in respect of whom the designated person
24                   exercises, has exercised, or is about to exercise any
25                   power under this Act.
26




     page 10
                          Dog Amendment (Stop Puppy Farming) Bill 2021
                                   Dog Act 1976 amended         Part 2
                    Amendments commencing on proclamation  Division 3
                                                                  s. 12



1    12.    Section 10 amended
2           In section 10(2) delete "section 9" and insert:
3

4           section 9(1)
5


6    13.    Section 12A amended
7           Delete section 12A(2) and insert:
8

9           (2)   With the authority of a warrant or the consent of an
10                occupier who has reached 18 years of age, the
11                following persons may enter and inspect any premises
12                for any purpose relating to the enforcement of this Act
13                and may make any enquiries they think necessary --
14                  (a) an authorised person;
15                  (b) a designated person;
16                  (c) in the case of a warrant issued to a person
17                        referred to in paragraph (a) or (b) -- any other
18                        person named in the warrant.
19         (2A)   Without limiting subsection (2), the purpose of
20                determining whether grounds exist for the cancellation
21                of an approval to breed, a pet shop approval or a dog
22                supply approval is a purpose relating to the
23                enforcement of this Act.
24




                                                                     page 11
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 14



1    14.       Sections 13A and 13B inserted
2              At the end of Part II insert:
3


4          13A.      Centralised registration system
5              (1)   The CEO must establish and maintain an electronic
6                    database or system in which information relating to
7                    dogs can be recorded (the centralised registration
8                    system).
9              (2)   The CEO and each local government is to --
10                    (a) record in the centralised registration system any
11                         information that is prescribed; and
12                    (b) ensure that the information recorded by it in the
13                         centralised registration system is accurate and
14                         kept up-to-date.
15             (3)   The CEO or a local government may cause any error
16                   in, or omission from, the centralised registration system
17                   to be corrected.
18             (4)   Where anything under this Act is required or permitted
19                   to be done in a manner approved by the CEO or a local
20                   government, the manner approved by the CEO or the
21                   local government may, without limitation, involve the
22                   use of the centralised registration system.
23             (5)   Regulations under section 54 may deal with any matter
24                   relating to the centralised registration system, including
25                   (without limitation) its establishment, maintenance and
26                   accessibility (including its accessibility to the public).
27             (6)   The CEO may establish a single database or system for
28                   the purposes of subsection (1) and the Cat Act 2011
29                   section 41A(1).




     page 12
                               Dog Amendment (Stop Puppy Farming) Bill 2021
                                        Dog Act 1976 amended         Part 2
                         Amendments commencing on proclamation  Division 3
                                                                       s. 15



1          13B.        Dog owner numbers
2                (1)   Regulations under section 54 may require, or otherwise
3                      deal with, the issue, for the purposes of this Act, of a
4                      unique number (a dog owner number) to --
5                        (a) a person who owns, or has previously owned,
6                              1 or more dogs; or
7                       (b) a person of a prescribed class.
8                (2)   Regulations under section 54 may deal with any matter
9                      relating to dog owner numbers and may, without
10                     limitation, require a person to have a dog owner
11                     number before transferring ownership of a dog to
12                     another person.
13


14   15.         Section 14 replaced
15               Delete section 14 and insert:
16


17         14.         Local governments to keep record of registered
18                     dogs in centralised registration system
19               (1)   A local government is to keep, using the centralised
20                     registration system, an accurate and up-to-date record
21                     of dogs registered by the local government.
22               (2)   The local government is to record in the centralised
23                     registration system the information prescribed in
24                     respect of --
25                       (a) each dog registered by the local government;
26                             and
27                       (b) each application for, or renewal of, registration
28                             of a dog refused by the local government.
29




                                                                          page 13
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 16



1    16.         Section 15 amended
2          (1)   In section 15(2) delete "dangerous dog," and insert:
3

4                dangerous dog or a dog that is not sterilised,
5

6          (2)   In section 15(3A) after "dog" insert:
7

8                or a dog that is not sterilised
9


10   17.         Section 16 amended
11         (1)   In section 16(1):
12                 (a) in paragraph (b) delete "section 9" and insert:
13

14                       section 9(1)
15

16                (b)    delete the passage that begins with "some person" and
17                       continues to the end of the subsection and insert:
18

19                       a person on their behalf makes an application to the
20                       local government in a manner and form approved by the
21                       CEO and accompanied by the prescribed fee, if any.
22

23         (2)   In section 16(1BA):
24                 (a) delete "prescribed" and insert:
25

26                       approved
27




     page 14
                          Dog Amendment (Stop Puppy Farming) Bill 2021
                                   Dog Act 1976 amended         Part 2
                    Amendments commencing on proclamation  Division 3
                                                                  s. 17



1           (b)    after paragraph (a) insert:
2

3                 (aa)   if the owner of the dog has been issued with a
4                        dog owner number, that number; and
5

6           (c)    after paragraph (d) insert:
7

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

21          (d)    delete paragraph (f) and insert:
22

23                 (f)   a statement as to whether the owner of the dog
24                       is subject to an order under section 46A(2); and
25                 (g)   a statement as to whether the owner of the dog
26                       holds an approval to breed.
27

28   (3)   In section 16(1BB) delete "prescribed" and insert:
29

30         approved
31




                                                                    page 15
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 18



1          (4)   In section 16(2):
2                  (a) in paragraph (a) delete "Act; or" and insert:
3

4                         Act and enter the information required under
5                         section 14(2)(a) in the centralised registration system; or
6

7                 (b)     in paragraph (b) delete "any," and insert:
8

9                         any, and enter the information required under
10                        section 14(2)(b) in the centralised registration system.
11

12                 (c)    delete the passage that begins with "and in either" and
13                        continues to the end of the subsection.
14         (5)   After section 16(3)(da) insert:
15

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


19   18.         Section 16A amended
20         (1)   Delete section 16A(1) and insert:
21

22               (1)     If the ownership of a dog, other than a dangerous dog,
23                       is transferred to another person, the registered owner
24                       must, within 28 days after the transfer, notify the local
25                       government with which the dog is registered, in a
26                       manner and form approved by the CEO, of --
27                         (a) the name and residential address of the new
28                                owner; and
29                         (b) if the new owner has been issued with a dog
30                                owner number, that number.
31                       Penalty for this subsection: a fine of $5 000.
32


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

3                the centralised registration system
4


5    19.         Section 17A amended
6          (1)   In section 17A(1) in the definition of dog paragraph (a) delete
7                "section 9" and insert:
8

9                section 9(1)
10

11         (2)   After section 17A(2)(d) insert:
12

13                     (da)     the dog is required under this Act to be
14                              sterilised but is not sterilised; or
15


16   20.         Section 20 amended
17         (1)   Delete section 20(1)(b).
18         (2)   In section 20(1) in the Penalty delete "Penalty:" and insert:
19

20               Penalty for this subsection:
21

22         (3)   Delete section 20(2).

23   21.         Section 25 amended
24               In section 25 after "section 24" insert:
25

26               that has been given to it
27




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     Division 3  Amendments commencing on proclamation
     s. 22



1    22.       Section 26D replaced
2              Delete section 26D and insert:
3


4          26D.       Notice of change to recorded information
5                     If there is a change to any of the information prescribed
6                     under section 14(2)(a) or 24 in respect of a dog, the
7                     owner of the dog must, within 7 days after the day on
8                     which the owner becomes aware of the change, give
9                     notice in writing of the change --
10                      (a) to the local government with which the dog is
11                             registered, if the change is to the information
12                             prescribed under section 14(2)(a); and
13                      (b) to the microchip database company for the dog,
14                             if the change is to the information prescribed
15                             under section 24.
16                    Penalty: a fine of $5 000.
17


18   23.       Part IV inserted
19             After section 26D insert:
20


21             Part IV -- Sterilisation and breeding of dogs
22                   Division 1 -- Requirement for sterilisation
23         26E.       Dogs must be sterilised unless exempt
24             (1)    The owner of a dog that has reached the prescribed age
25                    must ensure that the dog is sterilised, unless the dog is
26                    exempt from sterilisation under subsection (3).
27                    Penalty for this subsection: a fine of $5 000.



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             Amendments commencing on proclamation  Division 3
                                                           s. 23



1    (2)   Where the ownership of a dog that is not sterilised is
2          transferred to another person, subsection (1) does not
3          apply to the new owner before the end of the
4          prescribed period after the day on which the ownership
5          is transferred.
6    (3)   A dog is exempt from sterilisation if any of the
7          following applies --
8            (a) the dog was registered under this Act or the law
9                 of another State or a Territory so that its
10                registration was in effect at the time
11                immediately before the Dog Amendment (Stop
12                Puppy Farming) Act 2021 section 23 came into
13                operation;
14           (b) a certificate given by a veterinarian stating that
15                sterilising the dog may adversely affect the
16                health and welfare of the dog applies in respect
17                of the dog;
18           (c) the dog is owned by a person who holds an
19                approval to breed;
20           (d) the dog is a greyhound that is registered under
21                the Racing and Wagering Western Australia
22                Act 2003 section 41 and the registration is in
23                effect;
24           (e) the dog is primarily kept to be used in the
25                droving or tending of stock;
26            (f) the dog is sterile;
27           (g) the dog belongs to a class of dogs prescribed
28                for the purposes of this subsection.
29   (4)   A certificate referred to in subsection (3)(b) must
30         state --
31           (a) the period for which the certificate applies in
32                 respect of the dog; or



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     Division 3  Amendments commencing on proclamation
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1                     (b)    that the certificate applies indefinitely.
2              (5)   This section does not apply to a dangerous dog
3                    (restricted breed).

4         26F.       Unsterilised dog must not be identified as sterilised
5              (1)   Regulations under section 54 may deal with any matter
6                    in relation to the identification of a dog as sterilised,
7                    including prescribing manners in which dogs may or
8                    must be identified as sterilised.
9              (2)   If a dog is not sterilised, a person must not --
10                     (a) identify, using a prescribed manner, the dog as
11                           sterilised; or
12                     (b) give a certificate of sterilisation in relation to
13                           the dog.
14                   Penalty for this subsection: a fine of $5 000.

15        26G.       Certificate of sterilisation to be given
16                   A veterinarian who sterilises a dog must give a
17                   certificate of sterilisation to the owner of the dog.
18                   Penalty: a fine of $5 000.

19        26H.       Information that must be included in advertising
20                   material for dog and given to new owner
21             (1)   A person who offers a dog as being for sale or
22                   otherwise available for transfer of ownership must
23                   include the following information in the offer or in any
24                   advertising material in respect of the dog --
25                     (a) if the owner of the dog has been issued with a
26                           dog owner number -- that number;
27                     (b) any information prescribed for the purposes of
28                           this subsection.
29                   Penalty for this subsection: a fine of $5 000.


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

14                  Division 2 -- Breeding of dogs
15   26I.     Application for approval to breed
16      (1)   The owner of a dog that is ordinarily kept in the district
17            of a local government may apply to the local
18            government for the grant of an approval to breed dogs
19            (an approval to breed).
20      (2)   An application for the grant of an approval to breed
21            must be made in accordance with Part X Division 2.

22   26J.     Approval to breed
23      (1)   On receiving an application for the grant of an approval
24            to breed, a local government is to grant or refuse to
25            grant the approval.
26      (2)   The local government may refuse to grant an approval
27            to breed only if the local government is satisfied that at
28            least one of the following applies --
29              (a) the applicant is an individual under 18 years of
30                    age;

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1                     (b)   the applicant is a convicted person;
2                     (c)   the applicant does not have access to any, or to
3                           sufficient, facilities to breed dogs in accordance
4                           with the requirements of any relevant written
5                           law;
6                     (d)   the applicant is not a fit and proper person to
7                           breed dogs;
8                     (e)   a circumstance prescribed for the purposes of
9                           this subsection.
10             (3)   An approval to breed is subject to any conditions the
11                   local government --
12                     (a) considers necessary or desirable to impose; and
13                     (b) specifies in the approval.
14             (4)   The local government may, at any time by written
15                   notice to the holder of the approval to breed, amend or
16                   revoke the conditions, or impose new conditions, on
17                   the approval.
18             (5)   An approval to breed remains in force unless and until
19                   it is cancelled in accordance with section 26K.

20        26K.       Cancellation of approval to breed
21                   A local government may cancel an approval to breed
22                   that the local government granted to a person only if
23                   the person requests that the local government cancel
24                   the approval or the local government is satisfied that --
25                     (a) any of the things set out in section 26J(2)
26                           applies in relation to the person; or
27                     (b) the person has not complied with a condition
28                           imposed on the approval; or
29                     (c) the person no longer keeps any dogs in the
30                           district of the local government; or



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1                   (d)    the person has not complied with a requirement
2                          under this Act or the Animal Welfare Act 2002;
3                          or
4                    (e)   a circumstance prescribed for the purposes of
5                          this section applies.
6


7    24.     Sections 26L and 26M inserted
8            At the end of Part IV Division 2 insert:
9


10         26L.    Only holder of approval may breed dogs
11           (1)   If the owner of a dog does not hold an approval to
12                 breed granted by the local government in whose district
13                 the dog is ordinarily kept, the owner of the dog must
14                 ensure that the dog does not give birth.
15                 Penalty for this subsection: a fine of $5 000.
16           (2)   It is a defence to a charge under subsection (1) to prove
17                 that --
18                    (a) after the dog gives birth, an approval to breed is
19                          granted to the owner by the local government in
20                          whose district the dog is ordinarily kept; and
21                   (b) the application for the grant of the approval was
22                          made before the day on which the dog gives
23                          birth or within 7 days after that day.
24           (3)   It is a defence to a charge under subsection (1) to prove
25                 that the dog --
26                    (a) is a greyhound that is registered under the
27                          Racing and Wagering Western Australia
28                          Act 2003 section 41 and the registration is in
29                          effect at the time of the birth; or




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     Division 3  Amendments commencing on proclamation
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1                       (b)    belongs to a class of dogs prescribed for the
2                              purposes of this subsection.
3                (4)   It is a defence to a charge under subsection (1) to prove
4                      that, at the time the dog was impregnated, the owner
5                      honestly and reasonably believed the dog was sterilised
6                      or otherwise sterile.

7            26M.      Court may order sterilisation
8                (1)   If a person is convicted of an offence under
9                      section 26L(1), the court may, in addition to any
10                     penalty imposed under that section, order that the
11                     person ensure that any, or all, dogs owned by the
12                     person, as specified in the order, are sterilised within
13                     the time ordered by the court.
14               (2)   A court that makes an order under subsection (1) is to
15                     ensure that a copy of the order is provided to the local
16                     government of the district in which the person subject
17                     to the order lives.
18               (3)   An order under subsection (1) may be enforced as if it
19                     were a judgment of the court.
20


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

24               Penalty for this subsection:
25

26         (2)   In section 27(4) delete "the prescribed manner and form," and
27               insert:
28

29               a manner and form approved by the local government,
30



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                                                                          s. 26



1    26.           Section 29 amended
2          (1)     After section 29(3)(ca) insert:
3

4                        (caa)   a dog is required under this Act to be sterilised
5                                but is not sterilised; or
6

7          (2)     After section 29(3) insert:
8

9                (4AA) In relation to subsection (3)(caa), an authorised person
10                     may enter any premises and seize and detain the dog
11                     under subsection (3) if --
12                       (a) the entry is under a warrant issued under
13                              subsection (5C); or
14                       (b) an occupier of the premises who has reached
15                              18 years of age consents to the entry.
16

17         (3)     In section 29(4) delete "fees" and insert:
18

19                 fees, costs
20

21         (4)     After section 29(5b) insert:
22

23                (5C)   If a justice of the peace is satisfied that there are
24                       reasonable grounds to believe that a dog is required
25                       under this Act to be sterilised but is not sterilised, the
26                       justice of the peace may issue a warrant authorising
27                       any authorised person to enter any premises and seize
28                       and detain the dog under subsection (3).
29




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1          (5)    In section 29(8) delete "section 33G," and insert:
2

3                 sections 30A and 33G,
4


5    27.          Section 30A amended
6          (1)    In section 30A(1) delete the passage that begins with "if the
7                 operator" and continues to the end of the subsection and insert:
8

9                 if the operator believes on reasonable grounds that the dog is not
10                microchipped and is required under section 21 or 22 to be
11                microchipped.
12

13         (2)    Delete section 30A(2) and insert:
14

15               (1A)   The operator of a dog management facility may cause a
16                      dog kept at the facility to be sterilised before the dog is
17                      reclaimed or otherwise transferred from the facility
18                      if --
19                         (a) the owner of the dog consents to the
20                             sterilisation; or
21                        (b) the operator --
22                                (i) believes on reasonable grounds that the
23                                      dog is not sterilised; and
24                               (ii) if required to give notice under
25                                      subsection (1B) -- has given the notice
26                                      and the period specified in the notice
27                                      has passed; and
28                              (iii) believes on reasonable grounds that the
29                                      dog is required under this Act to be
30                                      sterilised.



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

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




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     Division 3  Amendments commencing on proclamation
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1    28.         Section 30 amended
2          (1)   In section 30(2) in the Penalty delete "Penalty:" and insert:
3

4                Penalty for this subsection:
5

6          (2)   In section 30(3) delete "subsection (1)(a)" and insert:
7

8                subsection (1)
9


10   29.         Section 33A amended
11         (1)   In section 33A(2)(a) delete "a pet shop or".
12         (2)   In section 33A(3) in the Penalty delete "Penalty:" and insert:
13

14               Penalty for this subsection:
15


16   30.         Section 33K amended
17         (1)   In section 33K(1) in the Penalty delete "Penalty:" and insert:
18

19               Penalty for this subsection:
20

21         (2)   In section 33K(2) in the Penalty delete "Penalty:" and insert:
22

23               Penalty for this subsection:
24

25         (3)   In section 33K(3) in the Penalty delete "Penalty:" and insert:
26

27               Penalty for this subsection:
28


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1          (4)   In section 33K(4) delete "transferred --" and insert:
2

3                transferred, in addition to the information referred to in
4                section 26H(2) --
5

6          (5)   In section 33K(4) in the Penalty delete "Penalty:" and insert:
7

8                Penalty for this subsection:
9

10         (6)   In section 33K(5A) after "transferred," insert:
11

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

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

16               Penalty for this subsection:
17

18         (8)   In section 33K(5) in the Penalty delete "Penalty:" and insert:
19

20               Penalty for this subsection:
21


22   31.         Section 34 amended
23               In section 34(4) in the Penalty delete "Penalty:" and insert:
24

25               Penalty for this subsection:
26




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     Dog Amendment (Stop Puppy Farming) Bill 2021
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     Division 3  Amendments commencing on proclamation
     s. 32



1    32.       Part VIA inserted
2              After section 38 insert:
3


4              Part VIA -- Pet shops and supply of dogs to
5                     relevant pet shop businesses
6                             Division 1 -- Preliminary
7          38A.      Supply of dogs to relevant pet shop businesses
8                    For the purposes of this Part, a person supplies a dog to
9                    a relevant pet shop business if --
10                     (a) the person supplies the dog to the person who
11                           conducts the relevant pet shop business, or a
12                           person acting on their behalf; and
13                     (b) the person who conducts the relevant pet shop
14                           business, or the person acting on their behalf, is
15                           acting for the purposes of the business.

16         Division 2 -- Approval of pet shop for relevant pet shop
17                               business
18         38B.      Pet shop for relevant pet shop business must be
19                   approved
20                   A person must not conduct a relevant pet shop business
21                   unless the person holds a pet shop approval for the pet
22                   shop granted by the local government in whose district
23                   the pet shop is located.
24                   Penalty: a fine of $10 000.




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1    38C.    Application for pet shop approval
2      (1)   A person who intends to conduct, or who conducts, a
3            relevant pet shop business may apply to the local
4            government in whose district the pet shop is located
5            for --
6              (a) the grant of an approval for the pet shop (a pet
7                    shop approval); or
8              (b) the renewal of the pet shop approval for the pet
9                    shop.
10     (2)   An application for the grant or renewal of a pet shop
11           approval must be made in accordance with Part X
12           Division 2.

13   38D.    Pet shop approval
14     (1)   On receiving an application for the grant or renewal of
15           a pet shop approval, a local government is to --
16             (a) grant or refuse to grant the pet shop approval;
17                   or
18             (b) renew or refuse to renew the pet shop approval.
19     (2)   The local government may refuse to grant or renew a
20           pet shop approval only if the local government is
21           satisfied that at least one of the following applies --
22             (a) the applicant is a convicted person;
23             (b) in the case of a renewal -- a circumstance in
24                   section 38E(c), (d), (e) or (f);
25             (c) the facilities that the applicant proposes to use,
26                   or uses, to keep dogs for the purposes of the
27                   relevant pet shop business do not meet the
28                   requirements of any relevant written law;
29             (d) a circumstance prescribed for the purposes of
30                   this subsection.



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1              (3)   The approval is subject to any conditions the local
2                    government --
3                      (a) considers necessary or desirable to impose; and
4                     (b) specifies in the approval.
5              (4)   The local government may, at any time by written
6                    notice to the holder of the approval, amend or revoke
7                    the conditions, or impose new conditions, on the
8                    approval.
9              (5)   A pet shop approval has effect for the period of 1 year
10                   beginning on the day on which the approval is granted
11                   or, in the case of a renewal, the day on which the
12                   approval is renewed, unless it is cancelled earlier in
13                   accordance with section 38E.

14        38E.       Cancellation of pet shop approval
15                   A local government may cancel a pet shop approval
16                   that the local government granted to a person only if
17                   the person requests that the local government cancel
18                   the approval or the local government is satisfied that --
19                     (a) any of the things set out in section 38D(2)(a),
20                           (c) or (d) applies in relation to the person; or
21                     (b) the person does not need the approval; or
22                     (c) the person has not complied with a condition
23                           imposed on the approval; or
24                     (d) the person has not complied with a requirement
25                           under this Act or the Animal Welfare Act 2002;
26                           or
27                     (e) there has been a contravention of this Act or the
28                           Animal Welfare Act 2002 in relation to the
29                           relevant pet shop business conducted by the
30                           person or the pet shop to which the approval
31                           relates; or



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1              (f)   a circumstance prescribed for the purposes of
2                    this section applies.

3    38F.    Continuation of pet shop approval until application
4            for renewal decided
5      (1)   This section applies if --
6             (a) a person who holds a pet shop approval applies,
7                   before the expiry of the approval, for the
8                   renewal of the approval; and
9             (b) the local government has not renewed the
10                  approval or given notice to the person of its
11                  decision to refuse to renew the approval.
12     (2)   The pet shop approval continues to have effect, despite
13           the date of its expiry passing, until the local
14           government renews the approval or has given notice to
15           the person of its decision to refuse to renew the
16           approval.

17   Division 3 -- Obligations of person conducting relevant
18                     pet shop business
19   38G.    Relevant pet shop business only to supply dogs
20           obtained from holder of dog supply approval
21           A person who conducts a relevant pet shop business
22           must ensure that a dog is not supplied or offered for
23           supply in the course of the relevant pet shop business
24           unless the dog was supplied to the relevant pet shop
25           business by the holder of a dog supply approval.
26           Penalty: a fine of $10 000.




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1         38H.    Pet shop to display certificate of registration
2                 A person who conducts a relevant pet shop business
3                 must ensure that the pet shop certificate for the pet
4                 shop is displayed publicly at the pet shop.
5                 Penalty: a fine of $5 000.

6         38I.    Person conducting relevant pet shop business to
7                 provide certain information
8                 A person who conducts a relevant pet shop business
9                 must ensure that --
10                 (a) any person who is supplied with a dog in the
11                       course of the relevant pet shop business is
12                       provided, before the dog is supplied, with --
13                          (i) the prescribed information about the
14                                person who supplied the dog to the
15                                relevant pet shop business; and
16                         (ii) the pet shop number for the pet shop;
17                       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 --
22                          (i) the prescribed information about the
23                                person who supplied the dog to the
24                                relevant pet shop business; and
25                         (ii) the pet shop number for the pet shop.
26                Penalty: a fine of $5 000.




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1    38J.    Person conducting relevant pet shop business to
2            provide copy of health certificate
3            A person who conducts a relevant pet shop business
4            must ensure that --
5             (a) any person who is supplied with a dog in the
6                   course of the relevant pet shop business is
7                   provided, before the dog is supplied, with a
8                   copy of the health certificate for the dog; and
9             (b) any person to whom the supply of a dog is
10                  offered in the course of the relevant pet shop
11                  business is, if the person requests, provided
12                  with a copy of the health certificate for the dog.
13           Penalty: a fine of $5 000.

14   38K.    Person conducting relevant pet shop business to
15           keep records relating to source of dogs
16     (1)   In this section --
17           relevant dog, in relation to a person who conducts a
18           relevant pet shop business, means each of the
19           following --
20             (a) a dog kept for the purposes of the relevant pet
21                    shop business;
22             (b) a dog that is supplied or offered for supply in
23                    the course of the relevant pet shop business.
24     (2)   A person who conducts a relevant pet shop business
25           must keep, in relation to each relevant dog, a record
26           that --
27             (a) contains the prescribed information about the
28                  dog, including information about the person
29                  who supplied the dog to the relevant pet shop
30                  business; and
31             (b) includes any evidence necessary to enable the
32                  information in the record to be verified.

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1              (3)   The person must keep the record, even if the person
2                    ceases to conduct the relevant pet shop business --
3                      (a) in the prescribed way, if any; and
4                      (b) until --
5                              (i) in relation to a dog kept for the purposes
6                                   of the relevant pet shop business -- the
7                                   end of the period of 5 years after the day
8                                   on which the relevant dog ceased being
9                                   kept for the purposes of the relevant pet
10                                  shop business; and
11                            (ii) in relation to a dog that is supplied or
12                                  offered for supply in the course of the
13                                  relevant pet shop business -- the end of
14                                  the period of 5 years after the day on
15                                  which the dog is supplied or first
16                                  offered for supply.
17             (4)   If the regulations prescribe a time within which a
18                   record referred to in subsection (2) must be made, the
19                   record must be made within that time.
20             (5)   A person who fails to comply with this section
21                   commits an offence.
22                   Penalty for this subsection: a fine of $10 000.

23        38L.       Person conducting relevant pet shop business to
24                   provide information to local government
25             (1)   A local government may request a person who
26                   conducts or has conducted a relevant pet shop business,
27                   the pet shop for which is or was located in the local
28                   government's district, to provide the local government
29                   with any record, information or evidence the person is
30                   required to keep under section 38K.




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1      (2)   The local government may take extracts from, or make
2            copies of, any record, information or evidence
3            provided.
4      (3)   A request made under subsection (1) must specify the
5            time within which the record, information or evidence
6            must be provided to the local government.
7      (4)   A person must comply with a request made of the
8            person under subsection (1) within the time specified in
9            the request (or, if another time is agreed between the
10           local government and the person, within that time).
11           Penalty for this subsection: a fine of $10 000.

12   38M.    Self-incrimination
13     (1)   A person is not excused from complying with a request
14           under section 38L to provide a record, information or
15           evidence on the ground that the record, information or
16           evidence might incriminate the person or make the
17           person liable to a penalty.
18     (2)   However, any record, information or evidence
19           provided by an individual in compliance with a request
20           made of the individual under section 38L is not
21           admissible in evidence against the individual in any
22           proceedings for an offence other than proceedings for
23           an offence against this Act or for perjury.




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1                       Division 4 -- Dog supply approval
2         38N.       Only holder of dog supply approval may supply
3                    dogs to relevant pet shop businesses
4              (1)   A person (the supplier) must not supply a dog to a
5                    relevant pet shop business unless --
6                      (a) the dog is a stray, abandoned, seized or
7                            surrendered dog that is being kept --
8                              (i) as part of refuge operations conducted
9                                    by the supplier; or
10                            (ii) in a dog management facility operated
11                                   by the supplier;
12                           and
13                     (b) the supplier holds a dog supply approval.
14                   Penalty for this subsection: a fine of $10 000.
15             (2)   A person (the supplier) must not supply a dog to a
16                   relevant pet shop business unless the supplier has --
17                     (a) obtained, in respect of the dog, a certificate
18                           issued by a veterinarian that declares that the
19                           veterinarian has completed a health assessment
20                           of the dog and that outlines the prescribed
21                           information in relation to the health status of
22                           the dog (a health certificate); and
23                     (b) provided the person who conducts the relevant
24                           pet shop business, or the person acting on their
25                           behalf, with a copy of the health certificate.
26                   Penalty for this subsection: a fine of $5 000.




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1    38O.    Person conducting refuge operations or operating
2            dog management facility may apply for dog supply
3            approval
4      (1)   A person who conducts refuge operations or is the
5            operator of a dog management facility may apply to the
6            CEO for the grant of an approval to supply to relevant
7            pet shop businesses dogs kept as part of the refuge
8            operations or in the dog management facility (a dog
9            supply approval).
10     (2)   An application for the grant of an approval must --
11            (a) be made in a manner and form approved by the
12                  CEO; and
13            (b) contain the information prescribed; and
14            (c) without limiting paragraph (b), contain
15                  information regarding the intended sources of
16                  dogs to be supplied; and
17            (d) be accompanied by the fee, if any, prescribed;
18                  and
19            (e) comply with any other requirements that are
20                  prescribed.
21     (3)   The CEO may require the applicant to give the CEO,
22           within a specified time, any document or information
23           that the CEO requires to determine the application and
24           may require the applicant to verify the information by
25           statutory declaration.
26     (4)   The CEO may refuse to consider an application if the
27           applicant does not comply with a requirement under
28           subsection (3) within the specified time.




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




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1    38Q.    Cancellation of dog supply approval
2            The CEO may cancel a dog supply approval granted to
3            a person only if the person requests that the CEO
4            cancel the approval or the CEO is satisfied that --
5              (a) any of the things set out in section 38P(2)
6                    applies in relation to the person; or
7              (b) the person does not need the approval; or
8              (c) the person has not complied with a condition
9                    imposed on the approval; or
10             (d) the person has supplied to a relevant pet shop
11                   business a dog which the CEO suspects, on
12                   reasonable grounds, is not a stray, abandoned,
13                   seized or surrendered dog; or
14             (e) the person has not complied with a requirement
15                   under this Act or the Animal Welfare Act 2002;
16                   or
17              (f) there has been a contravention of this Act or the
18                   Animal Welfare Act 2002 in relation to the
19                   refuge operations or dog management facility
20                   to which the approval relates; or
21             (g) a circumstance prescribed for the purposes of
22                   this section applies.

23   38R.    Notice of certain decisions made under this Division
24     (1)   This section applies to each of the following --
25            (a) a decision to refuse to grant a dog supply
26                  approval;
27            (b) a decision to cancel a dog supply approval
28                  (other than a decision to cancel the approval at
29                  the request of the person who held the
30                  approval);




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

13        38S.       Record of dog supply approval
14             (1)   As soon as practicable after the CEO makes a decision
15                   to grant or refuse to grant a dog supply approval, the
16                   CEO is to enter the decision and the prescribed
17                   information in the centralised registration system.
18             (2)   The CEO is to ensure that the information recorded
19                   under subsection (1) is updated to reflect --
20                     (a) any change to the information notified under
21                          section 38T; and
22                    (b) any imposition or amendment of conditions on
23                          the dog supply approval; and
24                     (c) any cancellation of the dog supply approval;
25                          and
26                    (d) the outcome of any review provided for under
27                          section 38R(3).




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

9    38U.    Certificate and unique number to be given to holder
10           of dog supply approval
11     (1)   If the CEO grants a dog supply approval to a person,
12           the CEO must --
13             (a) give the person a certificate containing the
14                   prescribed information; and
15             (b) issue the person with a unique number for the
16                   dog supply approval.
17     (2)   The CEO may give a person who holds a dog supply
18           approval a new certificate if the CEO is satisfied that
19           the person's certificate has been stolen, lost, damaged
20           or destroyed.

21      Division 5 -- Obligations of holder of dog supply
22                         approval
23   38V.    Holder of dog supply approval to keep records
24     (1)   A person who holds a dog supply approval must keep,
25           in relation to each dog supplied by the person to a
26           relevant pet shop business, a record that --
27             (a) contains the prescribed information in relation
28                    to the source and history of the dog; and
29             (b) includes any evidence necessary to enable the
30                    information in the record to be verified.


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1              (2)   The person must keep the record, even if the person
2                    ceases to hold the dog supply approval --
3                      (a) in the prescribed way, if any; and
4                      (b) for 5 years after the day on which the dog was
5                            supplied by the person.
6              (3)   If the regulations prescribe a time within which a
7                    record referred to in subsection (1) must be made, the
8                    record must be made within that time.
9              (4)   A person who fails to comply with this section
10                   commits an offence.
11                   Penalty for this subsection: a fine of $5 000.

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




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1            the request (or, if another time is agreed between the
2            CEO and the person, within that time).
3            Penalty for this subsection: a fine of $5 000.

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


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1          38Y.      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 made of the individual under this
11                   Division is not admissible in evidence against the
12                   individual in any proceedings for an offence other
13                   than --
14                     (a) if it is provided in compliance with a request
15                           under section 38W(1)(a) -- proceedings for an
16                           offence against this Act or for perjury; or
17                     (b) in any other case -- proceedings for perjury or
18                           an offence against section 43AA.
19


20   33.       Section 43AA inserted
21             After section 43 insert:
22


23         43AA. False or misleading information
24             (1)   A person must not do anything set out in
25                   subsection (2) --
26                     (a) in, or in connection with, an application for an
27                          approval under this Act; or
28                     (b) in, or in connection with, a notice or document
29                          given under this Act; or
30                     (c) in dealing with a person who is performing a
31                          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   34.         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

27         (3)   In section 43A in the Penalty delete "Penalty:" and insert:
28

29               Penalty for this subsection:
30




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1    35.       Section 43B inserted
2              After section 43A insert:
3


4          43B.      General powers of relevant persons
5              (1)   In this section --
6                    authorised purpose means the purpose of investigating
7                    whether, or collecting evidence that --
8                      (a) an offence is being, or has been, committed
9                             against this Act; or
10                     (b) grounds exist for the cancellation of an
11                            approval to breed, a pet shop approval or a dog
12                            supply approval;
13                   relevant person means an authorised person or a
14                   designated person.
15             (2)   A relevant person may, in any premises lawfully
16                   entered, do any one or more of the following as is
17                   reasonably required for an authorised purpose --
18                     (a) examine, seize, copy or take extracts from a
19                           document;
20                     (b) take photographs, films and audio, video or
21                           other recordings;
22                     (c) direct a person to answer questions;
23                     (d) examine, including by scanning, a dog;
24                     (e) take any other action that the relevant person
25                           believes, on reasonable grounds, is necessary.
26




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1    36.         Section 44 amended
2          (1)   After section 44(2)(b) insert:
3

4                       (ba)   by the CEO or a designated person; or
5

6          (2)   In section 44(3) delete the passage that begins with
7                "government no" and ends with "authorised shall be" and insert:
8

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


16   37.         Section 45 amended
17               In section 45(1):
18                 (a) in paragraph (a)(xii) and (xiii) delete "3 months of " and
19                       insert:
20

21                       a certain
22

23                (b)    in paragraph (b) delete "the age of 3 months" and insert:
24

25                       a certain age
26




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1    38.        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   39.        Part X heading replaced
13              Delete the heading to Part X and insert:
14


15                           Part X -- Miscellaneous
16


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


20                            Division 1 -- Regulations
21


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

25             (2C)   Without limiting subsection (1), regulations may --
26                     (a) require or permit any notice, information or
27                          document required or authorised to be given
28                          under this Act to be given in a certain way or
29                          ways, including --

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1                            (i)   by using the centralised registration
2                                  system; or
3                           (ii)   by any other means by which the notice,
4                                  information or document can be
5                                  accessed electronically;
6                          and
7                    (b)   make provision for or in relation to the time at
8                          which the notice, information or document is
9                          taken to have been given.
10


11   42.     Part X Division 2 inserted
12           At the end of Part X insert:
13


14                 Division 2 -- Local government approvals

15                  Subdivision 1 -- Applications for approval

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


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1                    application and may require the applicant to verify the
2                    information by statutory declaration.
3              (3)   The local government may refuse to consider an
4                    application if the applicant does not comply with a
5                    requirement under subsection (2) within the specified
6                    time.

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

24        54C.       Notice of change to information
25                   The holder of an approval to breed or a pet shop
26                   approval must, within 7 days after the day on which the
27                   holder becomes aware of a change to any of the
28                   information prescribed under section 54B(1) in respect
29                   of the approval, give notice in writing of the change to
30                   the local government that granted the approval.
31                   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



     page 54
                     Dog Amendment (Stop Puppy Farming) Bill 2021
                              Dog Act 1976 amended         Part 2
               Amendments commencing on proclamation  Division 3
                                                             s. 42



1            prescribed, and lodging it with the local government in
2            a manner approved by the local government.
3      (3)   Subsection (1) does not apply if the person has applied
4            for a review of the decision under section 54H.

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

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

                                                                    page 55
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 42



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 (other than at the request
24                                  of the person who held the approval); or
25                            (ii) not renew a pet shop approval;
26                          or
27                    (b) a decision has been made under section 54G to
28                          dispose of an objection in a way that results
29                          in --
30                             (i) an approval to breed or a pet shop
31                                  approval being cancelled; or


     page 56
                           Dog Amendment (Stop Puppy Farming) Bill 2021
                                    Dog Act 1976 amended         Part 2
                     Amendments commencing on proclamation  Division 3
                                                                   s. 43



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


17   43.     Part XA inserted
18           Before Part XI insert:
19


20                           Part XA -- Review
21         54J.    Review of amendments made by Dog Amendment
22                 (Stop Puppy Farming) Act 2021
23           (1)   The Minister must review the operation and
24                 effectiveness of the amendments made to this Act by
25                 the Dog Amendment (Stop Puppy Farming) Act 2021,
26                 and prepare a report based on the review, as soon as
27                 practicable after the 5th anniversary of the day on which
28                 the Dog Amendment (Stop Puppy Farming) Act 2021
29                 section 23 comes into operation.




                                                                       page 57
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 44



1                (2)   The Minister must cause the report to be laid before
2                      each House of Parliament as soon as practicable after it
3                      is prepared, but not later than 12 months after the 5th
4                      anniversary.
5


6    44.         Part XI Division 3 inserted
7                After Part XI Division 2 insert:
8


9                 Division 3 -- Transitional provisions for the Dog
10                  Amendment (Stop Puppy Farming) Act 2021
11         62.         Transitional provision for centralised registration
12                     system
13               (1)   In this section --
14                     centralised registration system means the electronic
15                     database or system the CEO will be required to
16                     establish and maintain when the Dog Amendment (Stop
17                     Puppy Farming) Act 2021 section 14 comes into
18                     operation;
19                     commencement day means the day on which the Dog
20                     Amendment (Stop Puppy Farming) Act 2021 section 14
21                     comes into operation.
22               (2)   The CEO may establish and maintain the centralised
23                     registration system before the commencement day and
24                     may --
25                       (a) permit a local government to record in the
26                             centralised registration system any information
27                             that the local government is required under this
28                             Act to record in a register maintained by it; and




     page 58
                                Dog Amendment (Stop Puppy Farming) Bill 2021
                                         Dog Act 1976 amended         Part 2
                          Amendments commencing on proclamation  Division 3
                                                                        s. 45



1                        (b)   cause or permit information to be transferred
2                              from a register maintained by a local
3                              government to the centralised registration
4                              system.
5                (3)   If a local government records information in the
6                      centralised registration system under subsection (2)(a),
7                      or information from a register maintained by the local
8                      government is transferred to the centralised registration
9                      system under subsection (2)(b), before the
10                     commencement day the information is taken, for the
11                     purposes of this Act, to be information recorded by the
12                     local government on a register maintained by the local
13                     government.
14


15   45.         Sections 63 to 65 inserted
16               After section 62 insert:
17


18         63.         Registered unsterilised dogs
19               (1)   In this section --
20                     commencement day means the day on which the Dog
21                     Amendment (Stop Puppy Farming) Act 2021 section 16
22                     comes into operation.
23               (2)   If the registration of a dog that is not sterilised is, at the
24                     time immediately before the commencement day, in
25                     effect under this Act, section 15, as it is immediately
26                     before the commencement day, continues to apply to
27                     the registration (until the registration ceases to have
28                     effect in accordance with that section) as if the Dog
29                     Amendment (Stop Puppy Farming) Act 2021 section 16
30                     had not been enacted.




                                                                                page 59
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 2      Dog Act 1976 amended
     Division 3  Amendments commencing on proclamation
     s. 45



1         64.         Application for registration
2                     An application for registration delivered under
3                     section 16(1) but not finally dealt with under
4                     section 16(2) before the day on which the Dog
5                     Amendment (Stop Puppy Farming) Act 2021 section 17
6                     comes into operation is, on and from that day, to be
7                     dealt with as if the Dog Amendment (Stop Puppy
8                     Farming) Act 2021 section 17(5) had not been enacted.

9         65.         Transition period for relevant pet shop businesses
10              (1)   In this section --
11                    application day means the prescribed date;
12                    commencement day means the day on which the Dog
13                    Amendment (Stop Puppy Farming) Act 2021 section 32
14                    comes into operation;
15                    pre-existing dog, in relation to a relevant pet shop
16                    business, means a dog that is supplied to the relevant
17                    pet shop business (within the meaning of section 38A)
18                    before the application day.
19              (2)   If, immediately before the commencement day, a
20                    person conducts a relevant pet shop business --
21                      (a) sections 38B, 38G, 38H, 38I, 38J, 38K and 38L
22                           do not apply to the person in relation to the
23                           relevant pet shop business and the pet shop
24                           before the application day; and
25                      (b) sections 38G, 38I, 38J, 38K and 38L do not
26                           apply to the person in relation to a pre-existing
27                           dog.
28              (3)   Section 38N does not apply to a person before the
29                    application day.
30




     page 60
                              Dog Amendment (Stop Puppy Farming) Bill 2021
                                       Dog Act 1976 amended         Part 2
                Amendments to provisions inserted by section 23 Division 4
           consequential on TAB (Disposal) Act 2019 section 120
                                                                      s. 46


1    Division 4 -- Amendments to provisions inserted by section 23
2        consequential on TAB (Disposal) Act 2019 section 120
3    46.    Section 26E amended
4           In section 26E(3)(d) delete "and Wagering".

5    47.    Section 26H amended
6           In section 26H(3) delete "and Wagering".

7     Division 5 -- Amendment to provision inserted by section 24
8        consequential on TAB (Disposal) Act 2019 section 120
9    48.    Section 26L amended
10          In section 26L(3)(a) delete "and Wagering".




                                                                   page 61
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 3      Cat Act 2011 amended

     s. 49



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

4    50.         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




     page 62
                                  Dog Amendment (Stop Puppy Farming) Bill 2021
                                          Cat Act 2011 amended          Part 3

                                                                                s. 51



1    51.         Section 8 amended
2                In section 8(2)(a) delete "the manner and form prescribed; and"
3                and insert:
4

5                a manner and form approved by the Department CEO; and
6


7    52.         Section 12 replaced
8                Delete section 12 and insert:
9


10         12.         Local governments to keep record of registered cats
11                     in centralised registration system
12               (1)   A local government is to keep, using the centralised
13                     registration system, an accurate and up-to-date record
14                     of cats registered by the local government.
15               (2)   The local government is to record in the centralised
16                     registration system the information prescribed in
17                     respect of each cat registered by the local government.
18


19   53.         Section 16 amended
20               In section 16 after "section 15" insert:
21

22               that has been given to it
23


24   54.         Section 24 amended
25               In section 24(a)(ii) delete "section 12(3)" and insert:
26

27               section 12(2)
28



                                                                           page 63
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 3      Cat Act 2011 amended

     s. 55



1    55.           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   56.           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 64
                                  Dog Amendment (Stop Puppy Farming) Bill 2021
                                          Cat Act 2011 amended          Part 3

                                                                               s. 57



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    57.     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   58.     Sections 40A and 40B inserted
15           At the end of Part 3 Division 4 Subdivision 2 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 65
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 3      Cat Act 2011 amended

     s. 59



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   59.       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 66
                            Dog Amendment (Stop Puppy Farming) Bill 2021
                                    Cat Act 2011 amended          Part 3

                                                                              s. 60



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   60.   Section 76 amended
15         After section 76(2) insert:
16

17         (3)   Without limiting subsection (1), regulations may --
18                (a) require or permit any notice, information or
19                     document required or authorised to be given
20                     under this Act to be given in a certain way or
21                     ways, including --
22                        (i) by using the centralised registration
23                              system; or
24                       (ii) by any other means by which the notice,
25                              information or document can be
26                              accessed electronically;
27                     and
28                (b) make provision for or in relation to the time at
29                     which the notice, information or document is
30                     taken to have been given.
31

32


                                                                       page 67
     Dog Amendment (Stop Puppy Farming) Bill 2021
     Part 3      Cat Act 2011 amended

     s. 61



1    61.           Section 86A inserted
2                  At the end of Part 6 insert:
3


4            86A.        Delegation by Department CEO
5                  (1)   The Department CEO may delegate to a person any
6                        power or duty of the Department CEO under another
7                        provision of this Act.
8                  (2)   The delegation must be in writing signed by the
9                        Department CEO.
10                 (3)   A person to whom a power or duty is delegated under
11                       this section cannot delegate that power or duty.
12                 (4)   A person exercising or performing a power or duty that
13                       has been delegated to the person under this section is
14                       taken to do so in accordance with the terms of the
15                       delegation unless the contrary is shown.
16                 (5)   Nothing in this section limits the ability of the
17                       Department CEO to perform a function through an
18                       officer or agent.
19


20   62.           Section 88 inserted
21                 At the end of Part 7 insert:
22


23           88.         Transitional provision for the Dog Amendment (Stop
24                       Puppy Farming) Act 2021
25                 (1)   In this section --
26                       centralised registration system means the electronic
27                       database or system the Department CEO will be
28                       required to establish and maintain when the Dog



     page 68
                      Dog Amendment (Stop Puppy Farming) Bill 2021
                              Cat Act 2011 amended          Part 3

                                                                   s. 62



1          Amendment (Stop Puppy Farming) Act 2021 section 59
2          comes into operation;
3          commencement day means the day on which the Dog
4          Amendment (Stop Puppy Farming) Act 2021 section 59
5          comes into operation;
6          Department CEO means the chief executive officer of
7          the department of the Public Service principally
8          assisting the Minister in the administration of this Act.
9    (2)   The Department CEO may establish and maintain the
10         centralised registration system before the
11         commencement day and may --
12           (a) permit a local government to record in the
13                 centralised registration system any information
14                 that the local government is required under this
15                 Act to record in a register maintained by it; and
16           (b) cause or permit information to be transferred
17                 from a register maintained by a local
18                 government to the centralised registration
19                 system.
20   (3)   If a local government records information in the
21         centralised registration system under subsection (2)(a),
22         or information from a register maintained by the local
23         government is transferred to the centralised registration
24         system under subsection (2)(b), before the
25         commencement day the information is taken, for the
26         purposes of this Act, to be information recorded by the
27         local government on a register maintained by the local
28         government.
29




 


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