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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Animal Welfare Legislation
Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Exhibited Animals Protection Act 1986
No 123 3
Schedule 2 Amendment of Prevention of Cruelty to Animals Act 1979
No 200 7
Schedule 3 Amendment of Apiaries Act 1985 No 16 8
b2009-107-36.d06
New South Wales
Animal Welfare Legislation
Amendment Bill 2009
No , 2009
A Bill for
An Act to amend certain Acts with respect to the keeping, protection and welfare of
animals.
Clause 1 Animal Welfare Legislation Amendment Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Animal Welfare Legislation Amendment Act 2009. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Animal Welfare Legislation Amendment Bill 2009
Amendment of Exhibited Animals Protection Act 1986 No 123 Schedule 1
Schedule 1 Amendment of Exhibited Animals 1
Protection Act 1986 No 123 2
[1] Section 27 Applications 3
Insert after section 27 (3): 4
(3A) In considering whether to grant or refuse the application, the 5
Director-General may consider the following: 6
(a) whether the applicant has been convicted or found guilty 7
of an offence under this Act, the Prevention of Cruelty to 8
Animals Act 1979, the Animal Research Act 1985, the 9
National Parks and Wildlife Act 1974, an instrument made 10
under this Act or any of those Acts or any law of another 11
State, a Territory or the Commonwealth relating to the 12
keeping or protection of animals, 13
(b) whether the applicant has previously failed to comply with 14
any term or condition of an authority held by the applicant, 15
(c) whether the applicant has previously held an authority that 16
has been suspended or cancelled by the Director-General, 17
(d) the capacity of the applicant to comply with this Act and 18
any prescribed standards, 19
(e) the capacity of the applicant to care for the animals, 20
(f) whether the applicant has made a statement or furnished 21
information in connection with the application that was, in 22
the opinion of the Director-General, false or misleading in 23
a material particular, 24
(g) whether the applicant is a fit and proper person to hold the 25
authority. 26
(3B) The Director-General must refuse to grant an application for the 27
issue of an authority to a person if: 28
(a) the person is disqualified from holding an authority under 29
this Act, or 30
(b) the person is a corporation and any officer of the 31
corporation is disqualified from holding an authority under 32
this Act. 33
[2] Section 27 (4) 34
Omit "appeal". Insert instead "review". 35
Page 3
Animal Welfare Legislation Amendment Bill 2009
Schedule 1 Amendment of Exhibited Animals Protection Act 1986 No 123
[3] Section 27 (7) 1
Insert after section 27 (6): 2
(7) In this section, an officer of a corporation means a director of the 3
corporation or a person who is otherwise concerned in its 4
management. 5
[4] Section 30A 6
Insert after section 30: 7
30A Disqualification 8
(1) The Director-General may, by order in writing served on a 9
person, declare the person to be disqualified from holding an 10
authority. 11
(2) A declaration may be made in respect of a person only if the 12
person holds an authority that is cancelled by the 13
Director-General on misconduct grounds. 14
(3) A person who is declared to be disqualified from holding an 15
authority is disqualified from holding an authority under this Act 16
during the disqualification period specified in the order. 17
(4) If the person who is the subject of the declaration is a corporation, 18
any person who was an officer of the corporation at the time that 19
the authority was cancelled on misconduct grounds is taken, 20
unless the declaration otherwise provides, to also be disqualified 21
from holding an authority under this Act during the 22
disqualification period specified in the order. 23
(5) An order may specify a separate disqualification period for 24
officers of the corporation or for particular officers of the 25
corporation, or may provide that no disqualification period 26
applies to officers of the corporation or to particular officers of 27
the corporation. 28
(6) It is not necessary for the order to name individual officers of a 29
corporation. 30
(7) A disqualification period specified in an order must not exceed 31
5 years from the date on which the relevant authority is cancelled 32
on misconduct grounds. 33
(8) For the purposes of this section, an authority is cancelled on 34
misconduct grounds if it is cancelled for any reason other than 35
because it was issued in error or because the holder of the 36
authority requested the cancellation. 37
Page 4
Animal Welfare Legislation Amendment Bill 2009
Amendment of Exhibited Animals Protection Act 1986 No 123 Schedule 1
(9) In this section, an officer of a corporation means a director of the 1
corporation or a person who is otherwise concerned in its 2
management. 3
[5] Part 3, Division 5 4
Omit the Division. Insert instead: 5
Division 5 Reviews by Administrative Decisions 6
Tribunal 7
32 Applications for review by Administrative Decisions Tribunal 8
(1) A person may apply to the Administrative Decisions Tribunal for 9
a review of any of the following decisions: 10
(a) a decision to refuse an application by the person for the 11
issue, renewal, variation or transfer of an authority, 12
(b) a decision to suspend or cancel an authority held by the 13
person, 14
(c) a decision to impose a term or condition on an authority 15
held by the person or vary any such term or condition 16
(other than a term or condition prescribed by the 17
regulations), 18
(d) a decision that results in the person being disqualified from 19
holding an authority under this Act. 20
(2) If an application for a review of a decision is made to the Tribunal 21
under this section, the cancellation or expiry of the authority, the 22
imposition or variation of the term or condition or the 23
disqualification of the person (as the case may be) is stayed by 24
lodgment of the application, pending its outcome. This 25
subsection has effect despite the provisions of Division 2 of 26
Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 27
1997. 28
(3) In this section, authority means a licence, an approval or a 29
permit. 30
[6] Section 55 Savings and transitional provisions 31
Omit the section. 32
Page 5
Animal Welfare Legislation Amendment Bill 2009
Schedule 1 Amendment of Exhibited Animals Protection Act 1986 No 123
[7] Schedule 5 1
Omit the Schedule. Insert instead: 2
Schedule 5 Savings, transitional and other 3
provisions 4
Part 1 Preliminary 5
1 Regulations 6
(1) The regulations may contain provisions of a savings or 7
transitional nature consequent on the enactment of the following 8
Acts: 9
Animal Welfare Legislation Amendment Act 2009 10
(2) Any such provision may, if the regulations so provide, take effect 11
from the date of assent to the Act concerned or a later date. 12
(3) To the extent to which any such provision takes effect from a date 13
that is earlier than the date of its publication on the NSW 14
legislation website, the provision does not operate so as: 15
(a) to affect, in a manner prejudicial to any person (other than 16
the State or an authority of the State), the rights of that 17
person existing before the date of its publication, or 18
(b) to impose liabilities on any person (other than the State or 19
an authority of the State) in respect of anything done or 20
omitted to be done before the date of its publication. 21
Part 2 Provision consequent on enactment of 22
Animal Welfare Legislation Amendment 23
Act 2009 24
2 Appeals and reviews 25
Division 5 of Part 3, as substituted by the Animal Welfare 26
Legislation Amendment Act 2009, applies to decisions made on 27
or after the substitution of that Division. Division 5 of Part 3, as 28
in force immediately before that substitution, continues to apply 29
to decisions made before that substitution. 30
Page 6
Animal Welfare Legislation Amendment Bill 2009
Amendment of Prevention of Cruelty to Animals Act 1979 No 200 Schedule 2
Schedule 2 Amendment of Prevention of Cruelty to 1
Animals Act 1979 No 200 2
Section 31AA 3
Insert after section 31: 4
31AA Recognition of interstate orders 5
(1) The Minister may, by order in writing, recognise any interstate 6
prohibition order made against a person, for the purposes of its 7
enforcement in New South Wales. 8
(2) An interstate prohibition order is an order made by a court under 9
the law of another State or a Territory, or a part of such an order, 10
that has the effect of prohibiting a person from purchasing or 11
acquiring, or taking possession or custody of, any animal. 12
(3) If an interstate prohibition order is recognised by the Minister 13
under this section, the NSW offence provision applies in respect 14
of the interstate prohibition order as if a reference in that 15
provision to an order included a reference to an interstate 16
prohibition order recognised under this section (as in force from 17
time to time). 18
(4) The NSW offence provision applies only to those provisions of 19
the recognised interstate prohibition order that can be included in 20
an order of a kind made under section 31 (1). 21
(5) A person who is served with notice that the Minister has 22
recognised an interstate prohibition order made against the 23
person is taken, for the purposes of the NSW offence provision, 24
to have been served with the order as made under section 31 (1). 25
(6) In this section, the NSW offence provision means section 31 (3). 26
Page 7
Animal Welfare Legislation Amendment Bill 2009
Schedule 3 Amendment of Apiaries Act 1985 No 16
Schedule 3 Amendment of Apiaries Act 1985 No 16 1
[1] Section 6 Unregistered persons not to keep bees 2
Insert after section 6 (5): 3
(6) The regulations may, unconditionally or subject to conditions, 4
exempt any person or class of persons from the requirement 5
under this section to be registered as a beekeeper. 6
[2] Section 17 Abandoned or neglected bees or associated things 7
Insert after section 17 (2): 8
(3) A person who is exempted from the requirement to be registered 9
as a beekeeper by the regulations is taken to be a registered 10
beekeeper for the purposes of this section. 11
Page 8
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