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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Dog Amendment (Stop Puppy Farming) Bill 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 page iv 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 page 16 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 19 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 page 17 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended 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. page 18 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 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 page 19 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 23 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. page 20 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 23 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; page 21 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 23 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 page 22 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 24 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 page 23 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 25 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 page 24 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 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 page 25 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 27 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. page 26 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 27 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 page 27 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 28 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 page 28 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 31 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 page 29 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended 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. page 30 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 31 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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 page 32 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 33 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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. page 34 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 35 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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. page 36 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 37 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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. page 38 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 39 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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. page 40 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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); page 41 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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). page 42 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 43 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 32 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 page 44 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 32 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. page 45 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 33 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 page 46 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 34 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 page 47 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 35 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 page 48 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 36 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 page 49 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 38 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 -- page 50 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 42 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 page 51 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 42 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. page 52 Dog Amendment (Stop Puppy Farming) Bill 2021 Dog Act 1976 amended Part 2 Amendments commencing on proclamation Division 3 s. 42 1 54D. Certificate and unique number to be given to holder 2 of approval 3 (1) If a local government grants an approval to breed or a 4 pet shop approval to a person, the local government 5 must -- 6 (a) give the person a certificate containing the 7 prescribed information; and 8 (b) in the case of a pet shop approval -- issue the 9 person with a unique number for the pet shop to 10 which the approval relates (a pet shop 11 number). 12 (2) If a local government renews a pet shop approval held 13 by a person, the local government must give the person 14 a certificate containing the prescribed information. 15 (3) A local government may give a person who holds an 16 approval to breed or a pet shop approval granted by the 17 local government a new certificate if the local 18 government is satisfied that the person's certificate has 19 been stolen, lost, damaged or destroyed. 20 Subdivision 2 -- Objection and review process 21 54E. Notice of certain decisions made by local 22 government 23 (1) This section applies to each of the following -- 24 (a) a decision to refuse to grant an approval to 25 breed; 26 (b) a decision to refuse to grant or renew a pet shop 27 approval; page 53 Dog Amendment (Stop Puppy Farming) Bill 2021 Part 2 Dog Act 1976 amended Division 3 Amendments commencing on proclamation s. 42 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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