Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to protect the lives and well-being of cats, dogs and other
mammals (but not livestock) as follows:

(a) by prohibiting the keeping of cats and dogs at shops or markets for the
purposes of their sale,

(b) by prohibiting the sale of cats and dogs at or from shops or markets,

(c) by prohibiting the display of mammals other than cats or dogs in shop
windows or in parts of shops visible to passers-by,

(d) by regulating the advertising of the sale of cats and dogs,

(e) by requiring any person who offers a cat or dog for sale to inform prospective
purchasers of the basic care requirements of the animal,

(f) by restricting who can carry on the business of selling cats or dogs, or breeding
cats or dogs for sale.

The Bill also amends other Acts and Regulations to make it an offence to fail to
collect a mammal from a council pound, or to fail to either claim or surrender a
companion animal at an animal shelter, after being notified that it is there.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a date that is
3 months after the date of assent, or on an earlier proclaimed date.

Clause 3 states the object of the proposed Act, which is to protect the lives and
well-being of dogs, cats and other mammals (but not livestock).

Clause 4 defines certain words and expressions used in the proposed Act.

Clause 5 provides that the proposed Act does not affect any provision of the
National Parks and Wildlife Act 1974, the Prevention of Cruelty to Animals Act 1979
or any other Act or statutory rule that regulates or prohibits the keeping or sale of a
mammal.

Part 2 Regulation of sale of cats and dogs
Division 1 Regulation of sale of cats and dogs at shops and
markets
Clause 6 regulates the keeping of cats and dogs at shops or markets for the purpose
of selling them.

Clause 7 regulates the sale or offering for sale of cats and dogs at or from shops or
markets.

Clause 8 regulates the negotiation of the sale of cats and dogs at shops or markets.

Division 2 Provision of basic care information about cats and
dogs
Clause 9 requires persons who display cats or dogs for sale, or cause or permit other
persons to display cats or dogs for sale, to provide prospective purchasers with
written prescribed basic care information, that is, with a written statement about the
basic care requirements of the animals prescribed under proposed section 21.

Clause 10 requires an authorised seller who sells a cat or dog, or a person who sells
a cat or dog on behalf of an authorised seller, to provide the purchaser with written
prescribed basic care information about the animal.

Division 3 Regulation of advertising of cats and dogs
Clause 11 regulates the advertising of the sale of cats and dogs at shops or markets
and elsewhere.

Division 4 Regulation of business of selling or breeding cats
and dogs
Clause 12 prohibits the carrying on of the business of selling cats and dogs or
breeding cats and dogs for sale. Neither of the prohibitions apply to a recognised
breeder, and the prohibition on carrying on the business of selling animals does not
apply to an approved animal shelter, a council pound, the practice of a veterinary
practitioner or an approved animal welfare organisation.

Part 3 Regulation of sale of mammals other than cats
and dogs
Clause 13 prohibits the display of mammals other than cats or dogs in shop windows
or any other part of a shop that can easily be seen by a person outside the shop.

Part 4 Regulation of recognised breeders
Clause 14 provides for the regulations to prescribe standards that are required to be
complied with by recognised breeders.

Clause 15 makes it an offence for a recognised breeder to fail to comply with the
prescribed standards.

Clause 16 provides that an inspector under the Prevention of Cruelty to Animals Act
1979 may exercise certain powers under that Act if the inspector believes on
reasonable grounds that a recognised breeder has failed to comply with any of the
standards prescribed by the regulations that apply to the breeder.

Part 5 Proceedings for offences
Clause 17 provides that offences under the proposed Act are to be dealt with
summarily before a Local Court or by the Supreme Court in its summary jurisdiction.

Clause 18 deals with offences by corporations.

Clause 19 provides for the issue of penalty notices for offences under the proposed
Act.

Part 6 Miscellaneous
Clause 20 provides for the making of regulations under the proposed Act.

Clause 21 provides for the regulations to prescribe basic care information in relation
to cats and dogs. The information will be required to cover such matters as the usual
life-span of the animal, the minimum requirements for the humane shelter,
accommodation, exercising and socialising of the animal and the costs associated
with feeding, registering and keeping the animal and obtaining veterinary care for the
animal.

Clause 22 provides that, in certain circumstances, there will be a presumption that a
person carries on a business of selling cats, dogs or other mammals.

Clause 23 provides that the proposed Act binds the Crown.

Clause 24 gives effect to the amendments to Acts and regulations specified in
Schedule 1.

Clause 25 provides for the review of the proposed Act.

Schedule 1 Amendment of Acts and regulations
Schedule 1.1, 1.2 and 1.3 make amendments that are consequential on the fact that
cats and dogs will no longer be permitted to be sold or kept for sale at pet shops or
markets.

Schedule 1.4 provides for the administration of penalty notices issued under the
proposed Act to be carried out under the Fines Act 1996.

Schedule 1.5 makes it an offence under the Impounding Act 1993 for a person to fail
to collect an impounded animal if the person is notified by an impounding authority
that the animal has been impounded.

Schedule 1.6 [1] makes it clear that the prohibition on abandoning animals set out in
section 11 of the Prevention of Cruelty to Animals Act 1979 includes dumping
animals.

Schedule 1.6 [2] makes it an offence under the Prevention of Cruelty to Animals
Act 1979 for a person to fail to claim or surrender an animal if the person is notified
by the RSPCA, or another organisation that operates an animal shelter, that the
animal has been taken or otherwise come into its possession.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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