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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Animals Legislation (Animal Welfare) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 3
PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 4
3. Amendment of definitions 4
4. Amendment of registration requirements 6
5. Use of prescribed permanent identification devices 6
6. Insertion of new section 28A 6
28A. Offence to train dogs to attack 6
7. Substitution of section 38 7
38. Restraint of dangerous dogs when on owner's premises 7
8. Substitution of section 41G 8
41G. Restraint of restricted breed dogs when on owner's
premises 8
9. Insertion of new Part 4A 9
PART 4A--REGULATION OF THE PERMANENT
IDENTIFICATION OF DOGS AND CATS 9
Division 1--General 9
63B. Definition 9
Division 2--Offences 10
63C. Offence to offer or provide domestic animals registry
service without a licence 10
63D. Offence to sell etc. device that is not prescribed device 10
63E. Offences relating to keeping of records 10
63F. Offences relating to the implantation of permanent
identification devices 11
63G. Offence not to give information to licence holder on
implantation 11
63H. Offence to provide identifying information in certain
circumstances 11
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63I. Offence not to provide certain information relating to
identification devices to holders of domestic animals
registry licences 13
Victorian Legislation and Parliamentary Documents
63J. Requirement to scan dogs or cats for permanent
identification devices 14
Division 3--Domestic Animals Registry Licences 14
63K. Grant of domestic animals registry licence 14
63L. Application for a domestic animals registry licence 14
63M. Duration of licences 15
63N. Conditions on licences 15
63O. Renewal of licences 16
63P. Notice of proposal to cancel a domestic animals
registry licence 16
63Q. Making of submissions on proposal to cancel 17
63R. Cancellation of a domestic animals registry licence 17
63S. Requirements to surrender records 18
Division 4--Regulation of Implanters 19
63T. Qualifications for implanters 19
63U. Notice of proposal to impose prohibition on
implanting 19
63V. Making of submissions on the proposal 20
63W. Power of the Secretary to prohibit a person from
implanting devices 20
63X. Removal of prohibition before expiry 21
Division 5--Transitional matters 22
63Y. Devices implanted before 20 May 2003 22
63Z. Requirements to keep and maintain records held before
commencement of Part 22
10. Insertion of new section 71A 23
71A. Appointment of persons who are not employees of the
Department as authorised officers 23
11. Substitution of section 72 23
72. Appointment of authorised officers by Council 23
72A. Appointment of persons who are not Council
employees as authorised officers 24
12. Contents of authorised officers' identity cards 24
13. Powers of authorised officers appointed by the Minister 25
14. Insertion of new section 74A 26
74A. Powers of authorised officers contracted by Councils 26
15. Insertion of new section 75A 27
75A. Seizure of records of information recorded in
permanent identification devices 27
75B. Disposal of records seized under section 75A 27
75C. Application of proceeds of sale 28
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16. Offence not to give name and address to authorised officer 29
17. Insertion of new section 77AA 29
77AA. Definition 29
Victorian Legislation and Parliamentary Documents
18. Identification through implanted device 29
19. Identified cats not to be destroyed 30
20. Powers to serve infringement notices 30
21. Withdrawal of infringement notice 30
22. Power to file charges 31
23. Instrument of appointment as evidence 31
24. Insertion of new Division in Part 7 31
Division 4A--Further Procedures for Dogs and Cats
Found at Large 31
95A. Power of the court to make orders in relation to dogs
and cats found outside owners' premises 31
95B. Powers and duties of Council if order not complied
with 32
95C. Owner to be notified 32
95D. Further power of Court to order payment of costs and
destruction of dogs or cats 33
25. Insertion of new section 98AA 34
98AA. Review of decisions made under Part 4A 34
26. Power of authorised officers to make declarations as to
restricted breed dogs 35
27. Regulation making powers 35
28. Fees for dogs and cats implanted with prescribed permanent
identification devices 37
PART 3--AMENDMENTS TO THE MEAT INDUSTRY ACT
1993 AND THE OMBUDSMAN ACT 1973 38
29. Amendments to Meat Industry Act 1993 38
30. Amendments to Ombudsman Act 1973 38
PART 4--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986 40
31. Definitions 40
32. Application of Act 42
33. Codes of Practice 42
34. Definitions in Part 2 43
35. Baiting and luring 43
36. Insertion of new section 23A 43
23A. Offence to fail to provide name and address 43
23B. Inspectors must identify themselves 45
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37. Substitution of sections 25 to 32 45
Division 1--Preliminary 45
Victorian Legislation and Parliamentary Documents
25. Definitions 45
Division 2--Offences 46
26. Offences relating to scientific procedures carried out
at scientific premises 46
27. Offences relating to scientific procedures carried out
outside scientific premises 47
28. Offences relating to breeding of specified animals for
use in scientific procedures 49
Division 3--Scientific Procedures Premises Licences 50
29. Grant of a scientific procedures premises licence 50
30. Application for a scientific procedures licence 50
31. Duration of scientific procedures premises licences 51
32. Conditions on scientific procedures premises licences 51
Division 4--Scientific Procedures Field Work Licences 52
32A. Grant of a scientific procedures field work licence 52
32B. Application for a scientific procedures field work
licence 52
32C. Duration of scientific procedures field work licences 52
32D. Conditions on scientific procedures field work
licences 53
Division 5--Specified Animals Breeding Licences 54
32E. Grant of a specified animals breeding licence 54
32F. Application for a specified animals breeding licence 54
32G. Duration of specified animals breeding licence 54
32H. Conditions on specified animals breeding licence 55
Division 6--General Licensing Provisions 55
32I. Power of Department Head to renew licences 55
32J. Application to renew a licence 55
32K. Power of the Department Head to vary licences 56
32L. Variation of licence on the motion of the Department
Head 56
32M. Application to vary a licence 57
32N. Suspension of licence and notice of proposal to cancel 57
32O. Making of submissions on suspension 58
32P. Power of the Department Head to cancel a licence 59
32Q. Notice of Department Head's decision 59
32R. Coming into effect of cancellation 60
Division 7--Miscellaneous 60
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38. Review by VCAT 60
39. Alteration of references to scientific establishments 60
40. Authorised officers powers 61
Victorian Legislation and Parliamentary Documents
41. Offences 61
42. Insertion of new Part 3A 61
PART 3A--INFRINGEMENT NOTICES 61
37A. Power to serve a notice 61
37B. Form of notice 62
37C. Late payment of penalty 63
37D. Withdrawal of notice 64
37E. Payment expiates offence 64
37F. Application of penalty 65
37G. Prosecution after service of infringement notice 65
37H. Enforcement of infringement penalty 66
43. Insertion of new section to follow section 41 66
41A. Council employees etc. not subject to offence for
giving information 66
44. Amendment of regulation making powers 67
PART 5--AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997 70
45. Amendment of definitions 70
46. Grounds for refusal of registration 70
47. Insertion of new section 7A 71
7A. Non-practising registration 71
48. Endorsement of registration as a specialist practitioner 72
49. Particulars on the Register 72
50. Substitution of section 20 72
20. Complaints about the conduct of registered veterinary
practitioners 72
51. Duty of Board to investigate complaints 73
52. Recommendations of Board on preliminary investigation 73
53. Substitution of section 23 73
23. Power of Board to institute a hearing into professional
conduct 73
54. Commencement of preliminary investigation 73
55. Examination as to health of veterinary practitioner 74
56. Report of examination 75
57. Revocation of suspension or conditions etc. on registration 75
58. Establishment and notification of informal hearing 75
59. Appointment of non Board members to Panel 76
60. Findings and determinations of an informal hearing 76
61. Appointment of non Board members to panel 77
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62. Insertion of new sections 43A and 43B 78
43A. Preliminary conferences 78
43B. Requirements as to attendance at preliminary
Victorian Legislation and Parliamentary Documents
conference 79
63. Findings and determinations of a formal hearing into conduct 79
64. Findings and determinations of a formal hearing into ability
to practise 80
65. Notifications by Board 81
66. Insertion of new section 58A 82
58A. Offence to direct or incite unprofessional conduct 82
67. Further amendments to the Veterinary Practice Act 1997 82
__________________
SCHEDULE--Consequential Amendments to the Veterinary
Practice Act 1997 83
ENDNOTES 84
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PARLIAMENT OF VICTORIA
Initiated in Assembly 14 October 2003
As amended by Assembly 30 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Domestic (Feral and Nuisance) Animals Act 1994, the
Meat Industry Act 1993, the Ombudsman Act 1973, the
Prevention of Cruelty to Animals Act 1986 and the Veterinary
Practice Act 1997 and for other purposes.
Animals Legislation (Animal Welfare)
Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are to--
(a) amend the Domestic (Feral and Nuisance)
5 Animals Act 1994--
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1
Animals Legislation (Animal Welfare) Act 2003
Act No.
Part 1--Preliminary
s. 1
(i) to make further provision in relation to
the permanent identification of
domestic animals; and
Victorian Legislation and Parliamentary Documents
(ii) to make further provision in relation to
5 domestic animals found outside the
owners premises; and
(iii) to make further provision in relation to
the powers of authorised officers; and
(iv) to make other amendments to that Act;
10 and
(b) to amend the Meat Industry Act 1993 to
make further provision in relation to the
slaughter of certain animals for human
consumption; and
15 (c) to amend the Ombudsman Act 1973 to
provide for the monitoring of certain
inspectors approved under the Prevention of
Cruelty to Animals Act 1986 and certain
authorised officers appointed under the
20 Domestic (Feral and Nuisance) Animals
Act 1994; and
(d) to amend the Prevention of Cruelty to
Animals Act 1986--
(i) to make further provision in relation to
25 the powers of authorised officers; and
(ii) to make further provision in relation to
the regulation of the carrying out of
scientific procedures and the breeding
of certain animals for use in scientific
30 procedures; and
(iii) to make other amendments to that Act;
and
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(e) to amend the Veterinary Practice Act
1997--
Victorian Legislation and Parliamentary Documents
(i) to make provision for the registration of
non-practising veterinary practitioners;
5 and
(ii) to make further provision relating to
investigations into registered veterinary
practitioners; and
(iii) to provide for an offence of directing or
10 inciting unprofessional conduct; and
(iv) to make other amendments to that Act.
2. Commencement
(1) This Part and sections 4, 6, 7, 8, 24, 29, 30(1) and
(3), 34, 35, 36, 42, 43, 44(2) and (3), 45 to 58, 60
15 and 62 to 67 come into operation on the day after
the day on which this Act receives the Royal
Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
20 day or days to be proclaimed.
(3) If a provision of this Act does not come into
operation before 1 December 2005, it comes into
operation on that day.
__________________
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Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 3
1994
PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994
Victorian Legislation and Parliamentary Documents
3. Amendment of definitions
See: In section 3(1) of the Domestic (Feral and
Act No.
5 Nuisance) Animals Act 1994--
81/1994.
Reprint No. 2
(a) insert the following definitions--
as at
1 November
' "authorised implanter" means a person--
2002
and
amending (a) who is qualified in accordance
Act No.
with section 63T; and
56/2003.
LawToday:
10 (b) who is not a prohibited implanter;
www.dms.
dpc.vic.
"domestic animals registry licence" means
gov.au
a licence granted under section 63K;
"domestic animals registry service" means
a service of keeping and maintaining
15 records relating to dogs or cats that, in
relation to each dog or cat about whom
records are kept and maintained--
(a) contain identifying information
about the dog or cat and the owner
20 of the dog or cat; and
(b) are referenced to the dog or cat
through information contained in a
permanent identification device
implanted in the dog or cat; and
25 (c) are not records maintained by a
Council for the purposes of
registration under Part 2;
"implant" includes insert;
"permanent identification device" means a
30 microchip or other electronic device
that is capable of being permanently
implanted in a dog or cat and that is
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1994
designed to record information in a
manner that can be electronically
retrieved;
Victorian Legislation and Parliamentary Documents
"prescribed identifying information" in
5 relation to a dog or cat, means
information about the dog or cat and
the owner (within the meaning of
Part 4A) of the dog or cat the nature of
which is prescribed;
10 "prescribed permanent identification
device" means a permanent
identification device that is of a class of
permanent identification devices that is
prescribed by the regulations;
15 "prohibited implanter" means a person
who is prohibited by the Secretary from
implanting permanent identification
devices in dogs and cats under
Division 4 of Part 4A;
20 "Secretary" means the person who is, for
the time being, the Department Head
(within the meaning of the Public
Sector Management and
Employment Act 1998) of the
25 Department;
"veterinary practitioner" means a
veterinary practitioner registered under
the Veterinary Practice Act 1997.';
(b) for the definition of "authorised officer"
30 substitute--
"authorised officer" means a person
appointed as an authorised officer
under section 71, 71A, 72 or 72A;".
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4. Amendment of registration requirements
In section 10(3) of the Domestic (Feral and
Victorian Legislation and Parliamentary Documents
Nuisance) Animals Act 1994, omit "or (2)".
5. Use of prescribed permanent identification devices
5 In section 19(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "that the dog is
permanently identified in the manner prescribed
by the regulations" substitute "that the dog is
implanted with a prescribed permanent
10 identification device".
6. Insertion of new section 28A
After section 28 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"28A. Offence to train dogs to attack
15 A person must not train a dog to attack, bite,
rush at, chase or in any way menace persons,
animals or anything worn by persons, unless
the dog is so trained--
(a) in the course of conducting a domestic
20 animal business on premises that is
registered under Part 4, if training of
such a nature is authorised under that
registration; and
(b) that person--
25 (i) is conducting; or
(ii) is employed by a person who is
conducting--
a domestic animal business on premises
that is registered under Part 4.
30 Penalty: 60 penalty units or imprisonment
for 3 months.".
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1994
7. Substitution of section 38
For section 38 of the Domestic (Feral and
Victorian Legislation and Parliamentary Documents
Nuisance) Animals Act 1994 substitute--
'38. Restraint of dangerous dogs when on
5 owner's premises
(1) When a dangerous dog is kept on residential
premises of the owner of the dog, the owner
must ensure that--
(a) if the dog is inside any dwelling on the
10 premises, it is confined in such a
manner--
(i) that it cannot escape; and
(ii) that a person cannot enter the
dwelling unless admitted by an
15 occupier of the premises who is of
or over 17 years of age; and
(b) there is on the premises, outside any
dwelling, a prescribed enclosure; and
(c) when the dog is not inside any dwelling
20 on the premises, the dog is kept in a
prescribed enclosure.
Penalty: For a first offence, 5 penalty units.
For a second or subsequent
offence, 10 penalty units.
25 (2) When a dangerous dog is kept on non-
residential premises of the owner, the owner
must ensure that--
(a) when the dog is guarding the premises,
it is kept inside perimeter fencing that
30 complies with the prescribed
requirements; and
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1994
(b) in any other case, that the dog is kept in
a prescribed enclosure.
Victorian Legislation and Parliamentary Documents
Penalty: For a first offence, 5 penalty units.
For a second or subsequent
5 offence, 10 penalty units.
(3) In this section "prescribed enclosure"
means an enclosure--
(a) from which a dog cannot escape; and
(b) that is constructed in such a manner
10 that a person cannot have access to it
without the assistance of an occupier of
the premises who is of or over 17 years
of age; and
(c) that complies with the regulations.'.
15 8. Substitution of section 41G
For section 41G of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
'41G. Restraint of restricted breed dogs when on
owner's premises
20 (1) When a restricted breed dog is on the
premises of the owner of the dog the owner
must ensure that--
(a) if the dog is inside any dwelling on the
premises, it is confined in such a
25 manner--
(i) that it cannot escape; and
(ii) that a person cannot enter the
dwelling unless admitted by an
occupier of the premises who is of
30 or over 17 years of age; and
(b) that there is on the premises, outside
any dwelling, a prescribed enclosure;
and
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(c) when the dog is not inside any dwelling
on the premises, the dog is kept in a
prescribed enclosure.
Victorian Legislation and Parliamentary Documents
Penalty: For a first offence, 5 penalty units.
5 For a second or subsequent
offence, 10 penalty units.
(2) In this section "prescribed enclosure" has
the same meaning as in section 38.'.
9. Insertion of new Part 4A
10 After Part 4 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
'PART 4A--REGULATION OF THE
PERMANENT IDENTIFICATION OF DOGS
AND CATS
15 Division 1--General
63B. Definition
In this Part--
"owner", in relation to a dog or cat,
means the person who has applied
20 for registration or renewal of
registration of the dog or cat under
section 10, or, if the dog or cat is
not registered under section 10,
the person who has legal
25 ownership of the dog or cat.
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Division 2--Offences
63C. Offence to offer or provide domestic
Victorian Legislation and Parliamentary Documents
animals registry service without a licence
A person must not offer or provide a
5 domestic animals registry service unless that
person is the holder of a domestic animals
registry licence.
Penalty: 60 penalty units.
63D. Offence to sell etc. device that is not
10 prescribed device
A person must not sell, supply or implant a
permanent identification device that is not a
prescribed permanent identification device.
Penalty: 20 penalty units.
15 63E. Offences relating to keeping of records
The holder of a domestic animals registry
licence must--
(a) in relation to each dog or cat in respect
of which the licence holder is providing
20 the domestic animals registry service,
keep and maintain, in the records
relating to that dog or cat, the
prescribed identifying information in
the manner prescribed; and
25 (b) keep and maintain copies of all such
records in the manner prescribed.
Penalty: 120 penalty units.
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1994
63F. Offences relating to the implantation of
permanent identification devices
Victorian Legislation and Parliamentary Documents
A person must not implant a permanent
identification device in a dog or cat unless--
5 (a) the person is an authorised implanter;
and
(b) if the person is not a veterinary
practitioner, the person is--
(i) acting under the supervision of a
10 veterinary practitioner who
employs that person and who is an
authorised implanter; or
(ii) acting under supervision of a
veterinary practitioner who is an
15 authorised implanter and who has
agreed in writing to supervise the
person.
Penalty: 10 penalty units.
63G. Offence not to give information to licence
20 holder on implantation
A person who has implanted a permanent
identification device in a dog or cat must,
within two days of doing so, give the
prescribed identifying information to the
25 holder of a domestic animals registry licence
who, the implanter reasonably believes, has
agreed to provide a domestic animals
registry service to the owner.
Penalty: 5 penalty units.
30 63H. Offence to provide identifying information
in certain circumstances
(1) A person who has implanted a permanent
identification device in a dog or cat must not
provide any of the prescribed identifying
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information that forms part of the domestic
animals registry service for that dog or cat to
any person unless--
Victorian Legislation and Parliamentary Documents
(a) the person is--
5 (i) an employee of the implanter; or
(ii) the holder of the domestic animals
registry licence who is to provide
the service or an employee of the
holder; or
10 (iii) the owner of the dog or cat; or
(iv) the Secretary or a person
employed in the Department in the
administration of this Act; or
(v) an authorised officer; or
15 (vi) a Council or a person engaged or
employed by a Council in the
administration of this Act; or
(vii) any other person approved by the
Secretary; or
20 (b) the owner has consented to the
provision of the information for the
purposes of reuniting the owner with
the animal.
Penalty: 10 penalty units.
25 (2) The holder of a domestic animals registry
licence must not provide any of the
prescribed identifying information that forms
part of the domestic animals registry service
for that dog or cat to any person unless--
30 (a) the person is--
(i) an authorised implanter or an
employee of an authorised
implanter; or
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(ii) the owner of the dog or cat; or
(iii) the Secretary or a person
Victorian Legislation and Parliamentary Documents
employed in the Department in the
administration of this Act; or
5 (iv) an authorised officer; or
(v) a Council or a person engaged or
employed by a Council in the
administration of this Act; or
(vi) any other person approved by the
10 Secretary; or
(b) the owner has consented to the
provision of the information for the
purposes of reuniting the owner with
the animal.
15 Penalty: 10 penalty units.
63I. Offence not to provide certain information
relating to identification devices to holders
of domestic animals registry licences
(1) A person must not sell or supply a permanent
20 identification device unless the seller has
provided to each of those persons who, the
seller reasonably believes, are the holders of
domestic animals registry licences--
(a) any of the prescribed information to
25 identify the device that is in the
possession or control of the seller, in
the prescribed manner and format; and
(b) the name and address of the person to
whom the device has been sold or
30 supplied.
Penalty: 20 penalty units.
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(2) Sub-section (1) does not apply to a seller if
the seller reasonably believes that the
information in the seller's possession or
Victorian Legislation and Parliamentary Documents
control has already been so provided or is to
5 be so provided by another person.
(3) In this section, "seller" means a person who
is selling or supplying a permanent
identification device.
63J. Requirement to scan dogs or cats for
10 permanent identification devices
(1) A person who conducts an animal shelter or
pound must scan a dog or cat who enters that
shelter or pound, within 3 days of its entry,
to determine whether or not the dog or cat is
15 implanted with a permanent identification
device.
Penalty: 20 penalty units.
(2) In this section "scan" means to scan in a
manner that enables permanent identification
20 devices to be detected.
Division 3--Domestic Animals Registry
Licences
63K. Grant of domestic animals registry licence
The Secretary may licence a person to offer
25 or provide a domestic animals registry
service.
63L. Application for a domestic animals
registry licence
(1) A person may apply to the Secretary for the
30 grant of a domestic animals registry licence.
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(2) An application under sub-section (1)--
(a) must include the prescribed particulars;
Victorian Legislation and Parliamentary Documents
and
(b) must be accompanied by the prescribed
5 fee.
(3) An applicant must give the Secretary any
further information relating to the application
that the Secretary requests.
63M. Duration of licences
10 (1) A domestic animals registry licence remains
in force for the period of years that is
specified in the licence, which must not be
more than 3 years from the issue or renewal
of the licence.
15 (2) A domestic animals registry licence expires
on 30 June in the year that it ceases to have
force.
63N. Conditions on licences
(1) A domestic animals registry licence is
20 subject to any conditions--
(a) that are prescribed; and
(b) that the Secretary imposes on the
licence.
(2) A licence holder must comply with the
25 conditions to which the licence is subject.
Penalty: 60 penalty units in the case of a
natural person.
120 penalty units, in the case of a
body corporate.
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63O. Renewal of licences
(1) On the expiration of a domestic animals
Victorian Legislation and Parliamentary Documents
registry licence, the Secretary may renew the
licence.
5 (2) Before a domestic animals registry licence
expires, the holder may apply to the
Secretary for the renewal of the licence.
(3) An application under sub-section (2)--
(a) must include the prescribed particulars;
10 and
(b) must be accompanied by the prescribed
fee.
(4) An applicant under this section must give to
the Secretary any further information relating
15 to the application that the Secretary requests.
(5) A domestic animals registry licence in
respect of which an application is made
under this section, is deemed to continue in
force, after the expiry of the licence period,
20 until the Secretary makes a decision in
relation to the application.
63P. Notice of proposal to cancel a domestic
animals registry licence
(1) If the Secretary is satisfied that there may be
25 grounds for cancelling a domestic animals
registry licence under section 63R, the
Secretary must serve notice that he or she
proposes to cancel the licence on the licence
holder either personally or by post.
30 (2) A notice under sub-section (1) must--
(a) state that the Secretary is satisfied that
there are grounds for the cancellation of
the licence; and
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(b) set out those grounds; and
(c) set out the time within which written
Victorian Legislation and Parliamentary Documents
submissions on the proposed
cancellation of the licence must be
5 made to the Secretary.
63Q. Making of submissions on proposal to
cancel
(1) The holder of a domestic animals registry
licence who has been given a notice under
10 section 63P may make written submissions
on the proposal to cancel the licence.
(2) Submissions made under sub-section (1)
must be made within the time fixed by the
Secretary under section 63P(2)(c).
15 63R. Cancellation of a domestic animals
registry licence
(1) If, after considering any submissions made
within the time fixed for making submissions
under section 63P(2)(c), the Secretary is
20 satisfied that--
(a) in the case of a licence holder who is a
natural person, the licence holder is not
a fit and proper person to hold a
domestic animals registry licence; or
25 (b) in the case of a licence holder who is a
body corporate, any director or officer
of the body corporate who does or may
exercise control over the service that is
the subject of the licence is not a fit and
30 proper person to be a director or officer
of the holder of a domestic animals
registry licence; or
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(c) that the licence holder has failed to
comply with a condition of the licence;
or
Victorian Legislation and Parliamentary Documents
(d) the licence holder has been found guilty
5 of an offence against this Act or the
regulations--
the Secretary may--
(e) cancel the licence; or
(f) require the licence holder to take the
10 action specified by the Secretary.
(2) The Secretary must give notice to the licence
holder of his or her decision under sub-
section (1) and set out reasons for that
decision in the notice.
15 (3) A notice under sub-section (2) must be
served on the licence holder within 28 days
after the expiry of the date for the making of
submissions under section 63P(2)(c).
(4) Cancellation of a domestic animals registry
20 licence by the Secretary has effect from the
date at which notice of the cancellation is
served on the licence holder.
63S. Requirements to surrender records
If the Secretary has cancelled a domestic
25 animals registry licence, the holder of the
licence must, within 5 days after the
cancellation of the licence takes effect under
section 63R(4), surrender and forfeit to the
Secretary all records kept or maintained for
30 the purposes of the domestic animals registry
service provided by the licence holder.
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Division 4--Regulation of Implanters
63T. Qualifications for implanters
Victorian Legislation and Parliamentary Documents
(1) A person is qualified to implant domestic
animals identification devices if--
5 (a) in the case of a person who is a
veterinary practitioner, the practitioner
has completed a course on the
implantation of permanent
identification devices approved by the
10 Secretary; or
(b) in any other case, the person has a
qualification approved by the Secretary
and has completed a course on the
implantation of permanent
15 identification devices approved by the
Secretary.
(2) An approval of a course or qualification by
the Secretary under sub-section (1) must be
published in the Government Gazette.
20 63U. Notice of proposal to impose prohibition
on implanting
(1) If the Secretary reasonably believes that
there may be grounds to prohibit a person
from implanting permanent identification
25 devices in dogs and cats, the Secretary must
serve notice on that person that the Secretary
proposes to so prohibit that person.
(2) The Secretary must serve a notice under sub-
section (1) either personally or by post
30 addressed to the person at the last known
place of address of the person.
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(3) A notice under sub-section (1) must--
(a) state that the Secretary is satisfied that
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there are grounds for the imposition of
the prohibition; and
5 (b) set out those grounds; and
(c) set out the time within which written
submissions on the proposal to prohibit
the person must be made to the
Secretary.
10 63V. Making of submissions on the proposal
(1) A person on whom a notice has been served
under section 63U may make written
submissions on the proposal to the Secretary.
(2) Submissions made under sub-section (1)
15 must be made within the time fixed by the
Secretary under section 63U(3)(c).
63W. Power of the Secretary to prohibit a
person from implanting devices
(1) If, after considering any submissions made
20 within the time fixed for making submissions
under section 63U(3)(c), the Secretary is
satisfied that the person upon whom the
notice has been served--
(a) has failed to comply with this Act or
25 regulations made under this Act; or
(b) has knowingly submitted false
information to the holder of a domestic
animals registry licence or the
Secretary--
30 the Secretary may--
(c) prohibit the person from implanting
permanent identification devices in
dogs and cats; and
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(d) determine conditions that the person
must comply with before the expiry of
the prohibition.
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(2) In making a decision under sub-section (1)
5 the Secretary must specify--
(a) the time for which the prohibition
remains in force; and
(b) the conditions (if any) that the person
must comply with before the expiry of
10 the prohibition.
(3) The Secretary must give notice to the person
to whom the prohibition applies of his or her
decision under sub-section (1) and set out
reasons for that decision in the notice.
15 (4) A notice under sub-section (3) must be
served on the person to whom the prohibition
applies within 28 days after the expiry of the
date for the making of submissions under
section 63U(3)(c).
20 (5) A prohibition under sub-section (1) has
effect from the date at which notice of the
prohibition is served on the person to whom
it applies.
63X. Removal of prohibition before expiry
25 (1) If the Secretary has determined conditions
that a person must comply with under
section 63W(1), and the Secretary is satisfied
that those conditions have been complied
with before the expiry of the period specified
30 under section 63W(2)(a), the Secretary may
determine that the prohibition is to cease to
have effect before that expiry.
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(2) The Secretary must give written notice of a
determination under sub-section (1) to the
person to whom the prohibition applies and
Victorian Legislation and Parliamentary Documents
must specify in the notice the date on which
5 the prohibition ceases to have effect.
Division 5--Transitional matters
63Y. Devices implanted before 20 May 2003
If a dog or a cat has been implanted with a
permanent identification device before
10 20 May 2003, that dog or cat is deemed to
have been implanted with a prescribed
permanent identification device.
63Z. Requirements to keep and maintain
records held before commencement of
15 Part
The holder of a domestic animals registry
licence must, in relation to any record of
identifying information kept and maintained
in respect of a dog or cat by the holder as
20 part of a service in the nature of a domestic
animals registry service provided by the
holder immediately before the
commencement of this Part--
(a) continue, on and after the
25 commencement of this Part, to keep
and maintain all such records in the
manner prescribed and containing the
prescribed information; and
(b) keep and maintain copies of all such
30 records in the manner prescribed.
Penalty: 120 penalty units.'.
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10. Insertion of new section 71A
After section 71 of the Domestic (Feral and
Victorian Legislation and Parliamentary Documents
Nuisance) Animals Act 1994 insert--
"71A. Appointment of persons who are not
5 employees of the Department as
authorised officers
(1) The Minister may, by instrument, appoint a
person who is not an employee employed
under Part 3 of the Public Sector
10 Management and Employment Act 1998,
as an authorised officer, if the Minister is of
the opinion that the person has particular
qualifications or experience that are
necessary to exercise the power the person is
15 to be authorised to exercise.
(2) The Minister must, in an instrument of
appointment under sub-section (1)--
(a) specify the period for which the person
appointed is so appointed; and
20 (b) specify the powers under this Act that
the person appointed is authorised to
exercise.".
11. Substitution of section 72
For section 72 of the Domestic (Feral and
25 Nuisance) Animals Act 1994 substitute--
"72. Appointment of authorised officers by
Council
A Council may, by instrument, appoint as an
authorised officer any specified employee of
30 the Council.
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72A. Appointment of persons who are not
Council employees as authorised officers
Victorian Legislation and Parliamentary Documents
(1) A Council may, by instrument, appoint a
person who is not an employee of the
5 Council as an authorised officer, if the
person has the qualifications or experience
prescribed by the Secretary.
(2) The Council must, in an instrument of
appointment under sub-section (1), specify
10 the period for which the person is to be
appointed.
(3) The Secretary may prescribe conditions that
apply to an appointment made under sub-
section (1).
15 (4) If a person appointed under sub-section (1)
does not comply with a condition prescribed
under sub-section (3), and the Secretary
notifies that person that he or she has failed
to comply with the condition, the
20 appointment of that person is taken to be
revoked as from the date of notification by
the Secretary.".
12. Contents of authorised officers' identity cards
For section 73(2) of the Domestic (Feral and
25 Nuisance) Animals Act 1994 substitute--
"(2) An identity card under sub-section (1)
must--
(a) set out the name of the authorised
officer and contain a photograph of the
30 authorised officer; and
(b) set out the name of the body who has
appointed the authorised officer; and
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(c) if an authorised officer is appointed for
a specified period, set out the period for
which the authorised officer is
Victorian Legislation and Parliamentary Documents
appointed.".
5 13. Powers of authorised officers appointed by the
Minister
(1) In section 74(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) for "An authorised officer" substitute "An
10 authorised officer appointed by the Minister
under section 71";
(b) for paragraph (c) substitute--
"(c) a domestic animals registry licence or
the conditions of such a licence; or".
15 (2) After section 74(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(1A) An authorised officer appointed by the
Minister under section 71A may take any
reasonable action that is necessary to find out
20 whether the provisions of--
(a) this Act; or
(b) the regulations; or
(c) any Code of Practice made under this
Act; or
25 (d) a domestic animals registry licence--
that relate to the conduct of domestic animal
businesses or domestic animals registry
services are being complied with.
(1B) An authorised officer appointed by a Council
30 under section 72 may take any reasonable
action that is necessary to find out whether
the provisions of--
(a) this Act; or
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(b) the regulations; or
(c) any local law made under this Act by a
Victorian Legislation and Parliamentary Documents
Council; or
(d) any Code of Practice made under this
5 Act--
that do not relate to--
(e) the conduct of domestic animals
registry services; or
(f) implanters of permanent identification
10 devices in dogs or cats--
are being complied with.".
(3) In section 74(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 for "For the
purposes of sub-section (1) an authorised officer
15 may" substitute "An authorised officer who is
exercising a power under sub-section (1), (1A) or
(1B) may".
(4) In section 74(3) of the Domestic (Feral and
Nuisance) Animals Act 1994 for "An authorised
20 officer" substitute "An authorised officer who is
exercising a power under sub-section (1), (1A) or
(1B)".
14. Insertion of new section 74A
After section 74 of the Domestic (Feral and
25 Nuisance) Animals Act 1994 insert--
"74A. Powers of authorised officers contracted
by Councils
An authorised officer appointed under
section 72A may, if he or she believes, on
30 reasonable grounds, that an offence under
section 10, 20, 21, 22, 23, 24, 25, 26, 27, 32,
38, 41E or 41G has been committed--
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(a) request a person to give his or her name
and place of residence; or
Victorian Legislation and Parliamentary Documents
(b) ask questions.".
15. Insertion of new section 75A
5 After section 75 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"75A. Seizure of records of information
recorded in permanent identification
devices
10 (1) If the holder of a domestic animals registry
licence has not complied with section 63S,
an authorised officer appointed under
section 71 may seize all records that the
licence holder is required to surrender under
15 section 63S.
(2) An authorised officer who seizes records
under sub-section (1) must, as soon as
practicable after seizing the records
surrender them to the Secretary.
20 (3) The Secretary may retain, keep and maintain
records seized under sub-section (1) for so
long as the Secretary considers necessary.
(4) Any records seized by the Secretary under
this section become the property of the
25 Secretary on seizure.
(5) Section 75 does not apply to records to
which this section applies.
75B. Disposal of records seized under section
75A
30 (1) The Secretary may tender records seized,
kept or maintained under section 75A or
records surrendered and forfeited under
section 63S for sale or disposal to any person
who is the holder of a domestic animals
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registry licence other than the person from
whom the records were seized, or who
surrendered the records.
Victorian Legislation and Parliamentary Documents
(2) The Secretary must, before tendering records
5 for sale or disposal under sub-section (1)--
(a) notify the holder of the domestic
animals registry licence from whom the
records were seized, or who
surrendered the records, that he or she
10 intends to offer the records for sale or
disposal; and
(b) cause notice of the sale or disposal to
be published in the Government
Gazette.
15 (3) It is a condition of any sale or disposal under
this section that the records sold or disposed
of--
(a) become part of the domestic animals
registry service of the licence holder
20 who acquires the records on the sale or
disposal; and
(b) that the licence holder must keep and
maintain the records so acquired on
behalf of the owners of the animals to
25 which the records relate as part of the
domestic animals registry service
provided by the licence holder.
75C. Application of proceeds of sale
(1) The Secretary must apply the proceeds of the
30 sale of any records under section 75B in the
following order--
(a) to the costs incurred by the Secretary in
seizing, keeping and maintaining the
records;
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(b) any balance then remaining must be
paid to the holder of the domestic
animals registry licence from whom the
Victorian Legislation and Parliamentary Documents
records were seized, if the holder
5 claims the balance in writing within
3 months of the sale of the records.
(2) If the holder of the domestic animals registry
licence from whom the records were seized
does not claim the balance of the sale money
10 under sub-section (1)(b) that money is to be
dealt with in accordance with the Unclaimed
Moneys Act 1962.".
16. Offence not to give name and address to authorised
officer
15 In section 76(1)(b)(i) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "74(3)" insert
"or section 74A(a)".
17. Insertion of new section 77AA
After the Heading to Division 2 of Part 7 of the
20 Domestic (Feral and Nuisance) Animals Act
1994 insert--
'77AA. Definition
In this Division, "authorised officer"
means an authorised officer appointed under
25 section 72.'.
18. Identification through implanted device
(1) In section 78(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 after "attached to
or" insert "a device".
30 (2) In section 78(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 after "attached to
or" insert "a device".
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19. Identified cats not to be destroyed
In section 80(1)(a) of the Domestic (Feral and
Victorian Legislation and Parliamentary Documents
Nuisance) Animals Act 1994 after "identification
marker" insert "or a permanent identification
5 device".
20. Powers to serve infringement notices
(1) In section 85(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) after "authorised officer" insert ", appointed
10 under section 71 or 72,";
(b) for "41E" substitute "38, 41E, 41G".
(2) After section 85(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(1A) If an authorised officer appointed under
15 section 72A has reason to believe that a
person has committed an offence against
section 10, 20, 21, 23, 24, 25, 26, 27, 32,
38(2), 41E or 41G of this Act, he or she may
serve an infringement notice on that
20 person.".
21. Withdrawal of infringement notice
(1) In section 87(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 for "The authorised
officer" substitute "A relevant authorised
25 officer".
(2) After section 87(3) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
'(4) In this section "relevant authorised
officer" means an authorised officer who
30 has the power to issue an infringement notice
that is of the class of infringement notices to
which the infringement notice that is being
withdrawn belongs.'.
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22. Power to file charges
For section 92(b) of the Domestic (Feral and
Victorian Legislation and Parliamentary Documents
Nuisance) Animals Act 1994 substitute--
"(b) an authorised officer appointed under section
5 71, 71A or 72.".
23. Instrument of appointment as evidence
In section 94(1)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "a certificate of
appointment of an authorised officer issued under
10 section 73" substitute "an instrument of
appointment of an authorised officer issued under
Division 1 of Part 7".
24. Insertion of new Division in Part 7
After Division 4 of Part 7 of the Domestic (Feral
15 and Nuisance) Animals Act 1994 insert--
'Division 4A--Further Procedures for Dogs
and Cats Found at Large
95A. Power of the court to make orders in
relation to dogs and cats found outside
20 owners' premises
(1) If the owner of a dog or cat is found guilty
by the Magistrates' Court of an offence under
section 23(4), 24(1), 24(2) or 25(1), the court
may make an order requiring the owner to
25 carry out the works that are specified by the
court for the purpose of ensuring that the
animal that is the subject of the offence is not
able to escape from the owner's premises.
(2) Section 135 of the Magistrates' Court Act
30 1989 applies to an order made under this
section.
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95B. Powers and duties of Council if order not
complied with
Victorian Legislation and Parliamentary Documents
(1) If--
(a) the Magistrates' Court has made an
5 order under section 95A and the order
has not been complied with; and
(b) after the order has been made, the dog
or cat that is the subject of the order is
found outside the owner's premises in
10 circumstances in which an authorised
officer of the Council of the municipal
district in which the owner's premises is
situated reasonably believes that the
owner of the dog or cat has committed
15 an offence under section 23(4), 24(1),
24(2) or 25(1)--
the authorised officer may seize the dog or
cat.
(2) If a dog or cat has been seized under sub-
20 section (1), the Council must commence
prosecution for the offence, believed to have
been committed by the owner, as soon as
practicable after the seizure and may retain
custody of the animal until the outcome of
25 the prosecution is known.
(3) In this section "authorised officer" means
an authorised officer appointed under section
72 or 72A.
95C. Owner to be notified
30 (1) If a dog or cat has been seized under section
95B, the Council must notify the owner of
the dog or cat of the seizure of the animal.
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(2) A notice under this section must be in
writing and must be delivered either
personally or by post within 4 days after the
Victorian Legislation and Parliamentary Documents
animal is seized.
5 95D. Further power of Court to order payment
of costs and destruction of dogs or cats
(1) If the owner of the dog or cat is found guilty
of the offence in a proceeding commenced
under section 95B, the Magistrates' Court
10 may make either or both of the following
orders--
(a) that the dog or cat be destroyed;
(b) if the dog or cat has been seized by the
Council, that the owner pay the
15 reasonable cost to the Council for any
period (until the outcome of the
proceeding) for which the Council has
had the custody of the dog or cat.
(2) If the Magistrates' Court has found that the
20 owner has not complied with an order under
section 95A, the Magistrates' Court may (in
addition to any power the Court has to make
orders under the Magistrates' Court Act
1989) make either or both of the following
25 orders--
(a) order that the dog or cat be destroyed;
(b) if the dog or cat has been seized by the
Council, that the owner pay the
reasonable cost to the Council for any
30 period (until the outcome of the
proceeding) for which the Council has
had the custody of the dog or cat.'.
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25. Insertion of new section 98AA
After section 98 of the Domestic (Feral and
Victorian Legislation and Parliamentary Documents
Nuisance) Animals Act 1994 insert--
"98AA. Review of decisions made under Part 4A
5 (1) A person, whose interests are affected by the
relevant decision, may apply to the Victorian
Civil and Administrative Tribunal for review
of--
(a) a decision refusing to grant or renew a
10 domestic animals registry licence; or
(b) a decision by the Secretary to impose
conditions on a domestic animals
registry licence; or
(c) a decision to cancel a domestic animals
15 registry licence; or
(d) a decision to prohibit a person from
implanting permanent identification
devices in dogs and cats.
(2) An application for review under sub-section
20 (1) must be made within 28 days of--
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
25 the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
under section 46(5) of that Act that a
30 statement of reasons will not be
given.".
34
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Act No.
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 26
1994
26. Power of authorised officers to make declarations as
to restricted breed dogs
Victorian Legislation and Parliamentary Documents
At the end of section 98A of the Domestic (Feral
and Nuisance) Animals Act 1994 insert--
5 '(2) In this section "authorised officer" means
an authorised officer appointed under
section 72.'.
27. Regulation making powers
(1) After section 100(1)(b) of the Domestic (Feral
10 and Nuisance) Animals Act 1994 insert--
"(ba) prescribing classes of permanent
identification devices; and
(bb) prescribing the standards that are to apply to
prescribed permanent identification devices
15 and the scanning of such devices; and
(bc) prescribing the methods of implantation of
permanent identification devices, including
the procedures and standards in the handling
of animals being implanted with such
20 devices; and
(bd) in relation to the record keeping of holders of
domestic animals registry licences, providing
for--
(i) the content of, and procedures relating
25 to, keeping the records of the licence
holder; and
(ii) access to and provision of information
kept in the records; and
(iii) persons who can access the records or
30 obtain information from the records;
and
(iv) prohibiting and regulating charges for
the provision of access to, or
information kept in, the records; and
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Animals Legislation (Animal Welfare) Act 2003
Act No.
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 27
1994
(be) charges made by the holders of domestic
animals registry licences for the provision of
domestic animals registry services; and
Victorian Legislation and Parliamentary Documents
(bf) the duties and obligations of persons
5 (including implanters and owners of animals
that have been implanted with permanent
identification devices) in relation to the
provision of information to the holders of
domestic animals registry licences; and
10 (bg) any other matter related to the implantation
of domestic animals with permanent
identification devices; and".
(2) In section 100(2) of the Domestic (Feral and
Nuisance) Animals Act 1994--
15 (a) in paragraph (c), after "the Minister" insert
", the Secretary";
(b) after paragraph (c) insert--
"(ca) may confer discretionary authority or
impose a duty on a specified person or
20 a specified class of person; and
(cb) may provide in a specified case or a
specified class of case for the
exemption of a class of people or things
from any provision of the regulations,
25 whether unconditionally or on specified
conditions and whether wholly or to
such an extent as is specified in the
regulations; and".
(3) After section 100(2) of the Domestic (Feral and
30 Nuisance) Animals Act 1994 insert--
"(2A) Regulations made under this Act may be
made so as to apply, adopt or incorporate any
matter contained in any code, standard, rule,
specification or method formulated, issued,
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Act No.
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 28
1994
prescribed or published by any authority or
body whether--
Victorian Legislation and Parliamentary Documents
(a) wholly or partially or as amended by
the regulations; or
5 (b) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then.".
28. Fees for dogs and cats implanted with prescribed
permanent identification devices
10 In the Schedule to the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in Column 2 under the heading "DOGS",
for "Dogs that are permanently identified in
the prescribed manner" substitute "Dogs
15 that are implanted with a prescribed
permanent identification device or
permanently identified in the prescribed
manner";
(b) in Column 2, under the heading "CATS",
20 for "Cats that are permanently identified in
the prescribed manner" substitute "Cats that
are implanted with a prescribed permanent
identification device".
__________________
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Animals Legislation (Animal Welfare) Act 2003
Act No.
Part 3--Amendments to the Meat Industry Act 1993 and the Ombudsman
s. 29
Act 1973
PART 3--AMENDMENTS TO THE MEAT INDUSTRY ACT
1993 AND THE OMBUDSMAN ACT 1973
Victorian Legislation and Parliamentary Documents
See: 29. Amendments to Meat Industry Act 1993
Act No.
40/1993.
(1) In section 35(1) of the Meat Industry Act 1993,
Reprint No. 3
5 for "a mammal" substitute "an animal".
as at
1 July 2003
(2) After section 35(5) of the Meat Industry Act
and
amending
1993 insert--
Act No.
24/2003.
"(6) A person must not slaughter for human
LawToday:
www.dms. consumption an animal that is not a
dpc.vic.
10 consumable animal.
gov.au
Penalty: First offence 100 penalty units.
Second or subsequent offence
500 penalty units or imprisonment
for 24 months or both.".
15 See: 30. Amendments to Ombudsman Act 1973
Act No.
8414.
(1) After section 13(2) of the Ombudsman Act 1973
Reprint No. 6
insert--
as at
1 January
"(2AAA) The Ombudsman is also to monitor
2002
and
compliance with Division 3 of Part 2 of the
amending
20 Prevention of Cruelty to Animals Act 1986
Act Nos
2/2001 and
by officers of the Royal Society for the
23/2002.
Prevention of Cruelty to Animals who are
LawToday:
www.dms.
approved as inspectors under section
dpc.vic.
18(1)(b)(ii) of that Act.".
gov.au
25 (2) After section 13(2AB) of the Ombudsman Act
1973 insert--
"(2AC) The Ombudsman is also to monitor
compliance with the Domestic (Feral and
Nuisance) Animals Act 1994 by persons
30 appointed as authorised officers under
section 71A(1) or 72A(1) of that Act.".
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Act No.
Part 3--Amendments to the Meat Industry Act 1993 and the Ombudsman
s. 30
Act 1973
(3) After section 17(1)(a) of the Ombudsman Act
1973 insert--
Victorian Legislation and Parliamentary Documents
"(aa) where the complaint relates to an
administrative action taken by an officer of
5 the Royal Society for the Prevention of
Cruelty to Animals, the Chief Executive
Officer of the Royal Society for the
Prevention of Cruelty to Animals; and".
(4) In section 17(1) of the Ombudsman Act 1973--
10 (a) in paragraph (b), for "council--" substitute
"council; and";
(b) after paragraph (b) insert--
"(c) where the complaint relates to an
administrative action taken by a person
15 appointed as an authorised officer
under section 71A(1) of the Domestic
(Feral and Nuisance) Animals Act
1994, the Minister administering that
Act; and
20 (d) where the complaint relates to an
administrative action taken by a person
appointed as an authorised officer
under section 72A(1) of the Domestic
(Feral and Nuisance) Animals Act
25 1994, the mayor of the relevant
municipal council--".
__________________
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Act No.
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 31
PART 4--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
Victorian Legislation and Parliamentary Documents
31. Definitions
See: In section 3(1) of the Prevention of Cruelty to
Act No.
5 Animals Act 1986 insert the following
46/1986.
Reprint No. 5 definitions--
as at
1 November
' "animal ethics committee" means a committee,
2002
the principal function of which is to
and
amending
determine the ethical practices that are to
Act No.
10 apply to the carrying out of scientific
56/2003.
LawToday:
procedures;
www.dms.
dpc.vic.
"scientific premises" means a premises
gov.au
ordinarily used for scientific research,
teaching or testing;
15 "scientific procedure" means any procedure,
test, experiment, inquiry, investigation or
study which is carried out on or in
connection with an animal in the course of
which--
20 (a) an animal is subjected to--
(i) surgical, medical, psychological,
biological, chemical or physical
treatment; or
(ii) conditions of heat, cold, light,
25 dark, confinement, noise, isolation
or overcrowding to which an
animal of that species is not
accustomed; or
(iii) abnormal dietary conditions; or
30 (iv) electric shock or radiation
treatment; or
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 31
(b) any tissue, material or substance is
extracted or derived from the body of
an animal--
Victorian Legislation and Parliamentary Documents
and which is for--
5 (c) the purpose of acquiring, demonstrating
or developing knowledge in the field of
medical, dental, veterinary, agricultural,
behavioural or biological science or in
any other field of science; or
10 (d) the purpose of acquiring,
demonstrating, exercising or
developing techniques used in the
practice of medical, dental, veterinary,
agricultural, behavioural or biological
15 science or in any other field of science;
or
(e) the purpose of developing or testing the
use, hazards, safety or efficiency of
vaccines, substances, drugs, materials
20 or appliances intended for use in, on or
in connexion with human beings or
animals; or
(f) any other purpose prescribed for the
purposes of this paragraph--
25 but does not include--
(g) the treatment of an animal for the
purpose of promoting its health or
welfare by or in accordance with the
instructions of a veterinary practitioner;
30 or
(h) the conduct of animal husbandry
carried out in accordance with a Code
of Practice; or
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s. 32
(i) the collection, taking, banding and
marking of wildlife within the meaning
of and in accordance with the Wildlife
Victorian Legislation and Parliamentary Documents
Act 1975; or
5 (j) any or any type of procedure, test,
experiment, inquiry, investigation or
study prescribed for the purposes of this
paragraph;
"scientific procedures field work licence"
10 means a licence issued under section 32A;
"scientific procedures premises licence" means
a licence issued under section 29;
"specified animals breeding licence" means a
licence issued under section 32E;'.
15 32. Application of Act
After section 6(1) of the Prevention of Cruelty to
Animals Act 1986 insert--
"(1A) For the purpose of determining whether or
not sub-section (1) applies to a particular
20 case, a specialist inspector (within the
meaning of Part 2) may exercise a power set
out in section 21A or 22A.".
33. Codes of Practice
For section 7(1)(b) of the Prevention of Cruelty
25 to Animals Act 1986 substitute--
"(b) about the premises, facilities, equipment or
conditions at any premises to which licences
granted under Part 3 apply; or
(c) the constitution, procedures and processes of
30 animal ethics committees.".
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s. 34
34. Definitions in Part 2
At the end of section 8 of the Prevention of
Victorian Legislation and Parliamentary Documents
Cruelty to Animals Act 1986 insert--
'(2) In this Part a reference to "animal" is a
5 reference to an animal that is--
(a) in the case of a mammal, bird or reptile,
at or above the normal mid-point of the
gestational cycle for the particular class
of animal; or
10 (b) in any other case, capable of
independent feeding.'.
35. Baiting and luring
In section 13(2) of the Prevention of Cruelty to
Animals Act 1986, for "veterinary practitioner
15 who is employed as a veterinary pathologist in the
Department" substitute "veterinary practitioner
who is employed, or who practises on his or her
own behalf, as a veterinary pathologist".
36. Insertion of new section 23A
20 After section 23 of the Prevention of Cruelty to
Animals Act 1986 insert--
"23A. Offence to fail to provide name and
address
(1) If an inspector believes, on reasonable
25 grounds, that a person has committed an
offence against this Part, the inspector may
ask the person to state his or her name and
ordinary place of residence or business.
(2) In making a request under sub-section (1),
30 the inspector must inform the person of the
grounds for his or her belief that the person
has not complied with the requirement.
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 36
(3) A person must not--
(a) refuse or fail to comply with a request
Victorian Legislation and Parliamentary Documents
under sub-section (1) without a
reasonable excuse for doing so; or
5 (b) in response to a request under sub-
section (1)--
(i) state a name that is false in a
material particular; or
(ii) state an address that is not the full
10 and correct address of his or her
ordinary place of residence or
business.
Penalty: 10 penalty units.
(4) If a person states a name and address in
15 response to a request under sub-section (1)
and the inspector suspects, on reasonable
grounds, that the stated name and address
may be false, the inspector may request the
person to produce evidence of the
20 correctness of the name and address.
(5) A person to whom a request under sub-
section (4) is made must comply with the
request, unless he or she has a reasonable
excuse for not doing so.
25 Penalty: 10 penalty units.
(6) It is not an offence for a person to fail to
comply with a request under sub-section (1)
or (4)--
(a) if the inspector did not inform the
30 person, at the time the request was
made, that it is an offence to fail to
comply with the request; or
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s. 37
(b) if the authorised officer did not identify
himself or herself in accordance with
section 23B before making the request.
Victorian Legislation and Parliamentary Documents
23B. Inspectors must identify themselves
5 An inspector must produce proof of his or
her identity and official status--
(a) before exercising a power under section
23A; and
(b) at any time during the exercise of a
10 power under section 23A, if asked to do
so.".
37. Substitution of sections 25 to 32
For sections 25 to 32 of the Prevention of
Cruelty to Animals Act 1986 substitute--
15 'Division 1--Preliminary
25. Definitions
In this Part--
"authorised officer" means a person
appointed to be an authorised officer
20 under section 35;
"Peer Review Committee" means a Peer
Review Committee established under
section 34;
"program of scientific procedures" means
25 a series of scientific procedures each of
which is being carried out in
conjunction with the others;
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s. 37
"specified animal" means--
(a) guinea pig; and
Victorian Legislation and Parliamentary Documents
(b) rat, mouse or rabbit, other than a
rat, mouse or rabbit bred in its
5 native habitat; and
(c) non-human primate.
Division 2--Offences
26. Offences relating to scientific procedures
carried out at scientific premises
10 (1) A person who occupies a scientific premises
must not cause or allow scientific procedures
to be carried out on those premises unless
that person holds a scientific procedures
premises licence for that premises that
15 authorises the carrying out of those
procedures.
Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
20 120 penalty units, in the case of a
body corporate.
(2) A person who occupies a premises at which
scientific procedures are carried out or are
proposed to be carried out must nominate a
25 person to be responsible for any procedures
carried out on those premises.
Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
30 120 penalty units, in the case of a
body corporate.
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s. 37
(3) A person nominated under sub-section (2)
must not cause or allow scientific procedures
to be carried out at the premises for which he
Victorian Legislation and Parliamentary Documents
or she has been nominated unless the
5 nominated person reasonably believes that
the occupier of the premises is the holder of
a scientific procedures premises licence for
that premises that authorises the carrying out
of those procedures.
10 Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
120 penalty units, in the case of a
body corporate.
15 (4) A person must not carry out a scientific
procedure at a scientific premises unless the
person carrying out the procedure reasonably
believes that the occupier of the premises is
the holder of a scientific procedures premises
20 licence for that premises that authorises the
carrying out of those procedures.
Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
25 120 penalty units, in the case of a
body corporate.
27. Offences relating to scientific procedures
carried out outside scientific premises
(1) A person must not--
30 (a) carry out a scientific procedure or a
program of scientific procedures; or
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s. 37
(b) cause or allow a scientific procedure or
program of scientific procedures to be
carried out on that person's behalf--
Victorian Legislation and Parliamentary Documents
at any place that is not a scientific premises
5 unless the person is--
(c) the holder of a scientific procedures
field work licence; or
(d) the holder of a scientific procedures
premises licence that authorises the
10 carrying out of that work.
Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
120 penalty units, in the case of a
15 body corporate.
(2) A person must not--
(a) carry out a scientific procedure or a
program of scientific procedures; or
(b) allow a scientific procedure or program
20 of scientific procedures to be carried
out--
on another person's behalf at any place that is
not a scientific premises unless the person
who so carries out or allows procedures to be
25 carried out reasonably believes that the
person on whose behalf the procedure or
program is being carried out is--
(c) the holder of a scientific procedures
field work licence; or
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s. 37
(d) the holder of a scientific procedures
premises licence that authorises the
carrying out of the procedure or
Victorian Legislation and Parliamentary Documents
program.
5 Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
120 penalty units, in the case of a
body corporate.
10 28. Offences relating to breeding of specified
animals for use in scientific procedures
(1) A person who occupies premises must not
cause or allow specified animals to be bred
on the premises for the purposes of use in
15 scientific procedures, unless the person is the
holder of a specified animals breeding
licence.
Penalty: 10 penalty units, in the case of a
natural person.
20 60 penalty units, in the case of a
body corporate.
(2) A person must not breed specified animals
on any premises for the purposes of use in
scientific procedures unless the person who
25 breeds the animals reasonably believes that
the occupier of the premises is the holder of
a specified animals breeding licence.
Penalty: 10 penalty units, in the case of a
natural person.
30 60 penalty units, in the case of a
body corporate.
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(3) This section does not apply to breeding of
specified animals at any scientific premises
if the breeding is being carried out for the
Victorian Legislation and Parliamentary Documents
purposes of scientific procedures being
5 carried out at that premises under a scientific
procedures premises licence.
Division 3--Scientific Procedures Premises
Licences
29. Grant of a scientific procedures premises
10 licence
The Department Head may licence a person
who occupies a scientific premises to cause
or allow scientific procedures to be carried
out--
15 (a) on those premises; or
(b) on behalf of the holder of the licence, at
any other place specified in the licence.
30. Application for a scientific procedures
licence
20 (1) A person who is the occupier of a scientific
premises may apply to the Department Head
for the grant of a scientific procedures
premises licence.
(2) An application under sub-section (1)--
25 (a) must include the prescribed particulars;
and
(b) must be accompanied by the prescribed
fee.
(3) An applicant must give the Department Head
30 any further information relating to the
application that the Department Head
requests.
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s. 37
31. Duration of scientific procedures premises
licences
Victorian Legislation and Parliamentary Documents
(1) A scientific procedures premises licence
remains in force for the period that is
5 specified in the licence, which must not be
more than 3 years from the issue or renewal
of the licence.
(2) A scientific procedures premises licence
expires on 30 June in the year that it ceases
10 to have force.
32. Conditions on scientific procedures
premises licences
(1) A scientific procedures premises licence is
subject to any conditions--
15 (a) that are prescribed; and
(b) that the Department Head imposes on
the licence.
(2) A licence holder must comply with the
conditions to which the licence is subject.
20 Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
120 penalty units, in the case of a
body corporate.
25 (3) A person who is carrying out a scientific
procedure under a scientific procedures
premises licence must comply with the
conditions to which the licence is subject.
Penalty: 60 penalty units or 6 months
30 imprisonment, in the case of a
natural person.
120 penalty units, in the case of a
body corporate.
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s. 37
Division 4--Scientific Procedures Field Work
Licences
Victorian Legislation and Parliamentary Documents
32A. Grant of a scientific procedures field work
licence
5 The Department Head may licence a
person--
(a) to carry out a scientific procedure or a
program of scientific procedures; or
(b) to cause or allow a scientific procedure
10 or a program of scientific procedures to
be carried out--
outside scientific premises.
32B. Application for a scientific procedures
field work licence
15 (1) A person may apply to the Department Head
for the grant of a scientific procedures field
work licence.
(2) An application under sub-section (1)--
(a) must include the prescribed particulars;
20 and
(b) must be accompanied by the prescribed
fee.
(3) An applicant must give the Department Head
any further information relating to the
25 application that the Department Head
requests.
32C. Duration of scientific procedures field
work licences
(1) A scientific procedures field work licence
30 remains in force for the period that is
specified in the licence, which must not be
more than 3 years from the issue or renewal
of the licence.
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(2) A scientific procedures field work licence
expires on 30 June in the year that it ceases
to have force.
Victorian Legislation and Parliamentary Documents
32D. Conditions on scientific procedures field
5 work licences
(1) A scientific procedures field work licence is
subject to any conditions--
(a) that are prescribed; and
(b) that the Department Head imposes on
10 the licence.
(2) A licence holder must comply with the
conditions to which the licence is subject.
Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
15 natural person.
120 penalty units, in the case of a
body corporate.
(3) A person who is carrying out a scientific
procedure under a scientific procedures field
20 work licence must comply with the
conditions to which the licence is subject.
Penalty: 60 penalty units or 6 months
imprisonment, in the case of a
natural person.
25 120 penalty units, in the case of a
body corporate.
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Division 5--Specified Animals Breeding
Licences
Victorian Legislation and Parliamentary Documents
32E. Grant of a specified animals breeding
licence
5 The Department Head may licence a person
who occupies premises to cause or allow
specified animals to be bred on the premises
for the purposes of use in scientific
procedures.
10 32F. Application for a specified animals
breeding licence
(1) A person who is the occupier of a premises
may apply to the Department Head for the
grant of a specified animals breeding licence.
15 (2) An application under sub-section (1)--
(a) must include the prescribed particulars;
and
(b) must be accompanied by the prescribed
fee.
20 (3) An applicant must give the Department Head
any further information relating to the
application that the Department Head
requests.
32G. Duration of specified animals breeding
25 licence
(1) A specified animals breeding licence remains
in force for the period that is specified in the
licence, which must not be more than 3 years
from the issue or renewal of the licence.
30 (2) A specified animals breeding licence expires
on 30 June in the year that it ceases to have
force.
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32H. Conditions on specified animals breeding
licence
Victorian Legislation and Parliamentary Documents
(1) A specified animals breeding licence is
subject to any conditions--
5 (a) that are prescribed; and
(b) that the Department Head imposes on
the licence.
(2) A licence holder must comply with the
conditions to which the licence is subject.
10 Penalty: 10 penalty units, in the case of a
natural person.
60 penalty units, in the case of a
body corporate.
(3) A person who is breeding specified animals
15 under a specified animals breeding licence
must comply with the conditions to which
the licence is subject.
Penalty: 10 penalty units, in the case of a
natural person.
20 60 penalty units, in the case of a
body corporate.
Division 6--General Licensing Provisions
32I. Power of Department Head to renew
licences
25 On the expiration of a licence granted under
this Part, the Department Head may renew
the licence.
32J. Application to renew a licence
(1) Before a licence granted under this Part
30 expires, the holder may apply to the
Department Head for the renewal of the
licence.
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(2) An application under sub-section (1)--
(a) must include the prescribed particulars;
Victorian Legislation and Parliamentary Documents
and
(b) must be accompanied by the prescribed
5 fee.
(3) An applicant under this section must give to
the Department Head any further information
relating to the application that the
Department Head requests.
10 32K. Power of the Department Head to vary
licences
The Department Head may, either on the
application of the holder of a licence issued
under this Part, or on the Department Head's
15 own motion--
(a) vary such a licence; or
(b) vary a condition on such a licence,
other than a prescribed condition.
32L. Variation of licence on the motion of the
20 Department Head
(1) Before--
(a) varying a licence issued under this Part;
or
(b) varying a condition on such a licence--
25 of his or her own motion under section 32K,
the Department Head must--
(c) notify the holder of the licence; and
(d) allow the holder an opportunity to make
written submissions.
30 (2) Submissions under sub-section (1) must be
made within the time period specified in the
notice.
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(3) In making a decision as to whether or not to
vary a licence under section 32K, the
Department Head must--
Victorian Legislation and Parliamentary Documents
(a) have regard to submissions made
5 within the period for making
submissions; and
(b) notify the holder of his or her decision.
(4) A variation to which sub-section (1) applies
has effect from the time specified in the
10 notice under sub-section (3).
32M. Application to vary a licence
(1) The holder of a licence issued under this Part
may apply to the Department Head for--
(a) variation of the licence; or
15 (b) variation of a condition of the licence.
(2) An application under sub-section (1)--
(a) must include the prescribed particulars;
and
(b) must be accompanied by the prescribed
20 fee.
(3) An applicant under sub-section (1) must give
to the Department Head any further
information relating to the application that
the Department Head requests.
25 32N. Suspension of licence and notice of
proposal to cancel
(1) If the Department Head is satisfied that there
may be grounds for cancelling a licence
issued under this Part, the Department Head
30 may suspend that licence.
(2) The Department Head must serve notice of
the suspension of the licence on the holder of
the licence either personally or by post.
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(3) A notice under sub-section (2) must--
(a) state that the licence is suspended; and
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(b) state that the Department Head is
satisfied that there are grounds for the
5 cancellation of the licence; and
(c) set out those grounds; and
(d) set out the time within which written
submissions on the proposed
cancellation of the licence may be made
10 to the Department Head.
(4) A suspension under this section remains in
force until--
(a) if the Department Head decides to
cancel the licence, the coming into
15 effect of that cancellation; or
(b) if the Department Head decides not to
cancel the licence, the making of that
decision.
(5) The holder of a licence whose licence is
20 suspended under this section is deemed not
to be the holder of a licence for the period of
the suspension.
32O. Making of submissions on suspension
(1) The holder of a licence issued under this Part
25 whose licence has been suspended under
section 32N may make written submissions
on the proposal to cancel the licence.
(2) Submissions made under sub-section (1)
must be made within the time fixed by the
30 Department Head under section 32N(3)(d).
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32P. Power of the Department Head to cancel a
licence
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If, after considering any submissions made
within the time fixed for making submissions
5 under section 32N(3)(d), the Department
Head is satisfied that--
(a) in the case of a licence holder who is a
natural person, the licence holder is not
a fit and proper person to hold the
10 licence; or
(b) in the case of a licence holder who is a
body corporate, any director or officer
of the body corporate who does or may
exercise control over the service that is
15 the subject of the licence is not a fit and
proper person to be a director or officer
of such a licence holder; or
(c) the licence holder has failed to comply
with a condition of the licence; or
20 (d) the licence holder has been found guilty
of an offence against this Act or the
regulations--
the Department Head may cancel the licence.
32Q. Notice of Department Head's decision
25 (1) The Department Head must give notice to
the holder of a licence that has been
suspended under section 32N of the
Department Head's decision under section
32P and set out reasons for that decision in
30 the notice.
(2) A notice under sub-section (1) must be
served on the licence holder within 28 days
after the expiry of the date for the making of
submissions under section 32N(3)(d).
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32R. Coming into effect of cancellation
Cancellation of a licence by the Department
Victorian Legislation and Parliamentary Documents
Head has effect from the time at which
notice of the cancellation is served on the
5 licence holder.
Division 7--Miscellaneous'.
38. Review by VCAT
For section 33(1) of the Prevention of Cruelty to
Animals Act 1986 substitute--
10 "(1) A person whose interests are affected by the
relevant decision, may apply to the Victorian
Civil and Administrative Tribunal for review
of--
(a) a decision refusing to grant or renew a
15 scientific procedures premises licence,
scientific procedures field work licence
or a specified animals breeding licence;
or
(b) a decision to impose conditions on such
20 a licence; or
(c) a decision to cancel or suspend such a
licence.".
39. Alteration of references to scientific establishments
In section 34 of the Prevention of Cruelty to
25 Animals Act 1986--
(a) in sub-section (1), for "licensed scientific
establishments" substitute "scientific
premises at which scientific procedures are
carried out under a scientific procedures
30 premises licence";
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(b) in sub-section (2) for "at licensed scientific
establishments" substitute "at scientific
premises under a scientific procedures
Victorian Legislation and Parliamentary Documents
premises licence".
5 40. Authorised officers powers
In section 35(7) of the Prevention of Cruelty to
Animals Act 1986--
(a) in paragraph (a)(i) for "any licensed
scientific or breeding establishment"
10 substitute "any premises in respect of which
a licence has been issued under this Part";
(b) in paragraph (d), omit "establishment or".
41. Offences
In section 36(1) of the Prevention of Cruelty to
15 Animals Act 1986, for "a scientific or breeding
establishment" substitute "a premises in respect
of which a licence has been issued under this
Part".
42. Insertion of new Part 3A
20 After Part 3 of the Prevention of Cruelty to
Animals Act 1986 insert--
'PART 3A--INFRINGEMENT NOTICES
37A. Power to serve a notice
(1) An authorised officer may serve an
25 infringement notice on any person that he or
she has reason to believe has committed--
(a) an offence against section 15A(2); or
(b) a prescribed offence against the
regulations.
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(2) In this Part a reference to an "authorised
officer" is a reference to--
Victorian Legislation and Parliamentary Documents
(a) in the case of an offence relating to a
scientific procedure (within the
5 meaning of Part 3) an authorised
officer, within the meaning of
section 25; and
(b) in any other case, an inspector within
the meaning of section 8, being in the
10 case of an inspector who has been
approved under section 18, any case for
the purposes of which the inspector has
been approved.
(3) An infringement notice may be served on a
15 person--
(a) by delivering it personally to the
person; or
(b) by sending it by post addressed to the
person at the person's last known place
20 of residence or business.
37B. Form of notice
An infringement notice must be in a form
approved by the Department Head and must
set out all the following matters--
25 (a) the date of the notice;
(b) the provision of this Act or the
regulations that creates the offence;
(c) the date, time and place of the alleged
offence;
30 (d) the nature and a brief description of the
alleged offence;
(e) the infringement penalty for the alleged
offence set out in the regulations;
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(f) the manner in which the infringement
penalty may be paid;
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(g) the time (not being less than 28 days
after the date on which the notice is
5 served) within which the infringement
penalty must be paid;
(h) that, if the amount of the infringement
penalty is paid before the end of the
time specified in the notice, the matter
10 will not be brought before the
Magistrates' Court unless the notice is
withdrawn within 28 days after the date
on which it was served;
(i) that the person is entitled to disregard
15 the notice and defend any proceedings
in respect of the alleged offence in the
Magistrates' Court;
(j) any other prescribed particulars.
37C. Late payment of penalty
20 An authorised officer may accept payment of
the infringement penalty even after the
expiration of the time for payment stated in
the infringement notice if--
(a) neither a charge has been filed nor a
25 courtesy letter served under Part 2 of
Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to
which the infringement penalty relates;
and
30 (b) the infringement notice has not been
withdrawn.
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37D. Withdrawal of notice
(1) A member of the police force may withdraw
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an infringement notice issued by a member
of the police force under this Part within
5 28 days after it was served.
(2) The Department Head may withdraw an
infringement notice issued by any other
authorised officer under this Part within
28 days after it was served.
10 (3) The withdrawal of an infringement notice is
to be effected by serving a withdrawal notice
on the person on whom the infringement
notice was served.
(4) If the penalty sought in the infringement
15 notice has been paid before the notice is
withdrawn, the amount of the penalty must
be refunded on the notice being withdrawn,
and the Consolidated Fund is, to the
necessary extent, appropriated accordingly.
20 (5) Proceedings for the offence in respect of
which the infringement notice has been
served may still be taken or continued
despite the withdrawal of the notice.
37E. Payment expiates offence
25 If an infringement notice is not withdrawn
and the infringement penalty is paid within
the time specified in the notice or payment is
accepted in accordance with section 37C
then--
30 (a) the person on whom the notice was
served has expiated the offence by that
payment; and
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(b) no proceedings may be taken against
that person in respect of that offence;
and
Victorian Legislation and Parliamentary Documents
(c) no conviction is to be taken to have
5 been recorded against that person for
the offence.
37F. Application of penalty
(1) An infringement penalty paid under this Part
must be applied in the same way as a fine
10 paid under an order of a court made on an
offender being convicted or found guilty of
the offence to which the infringement
penalty relates.
(2) The payment of an infringement penalty
15 under this Part is not and must not be taken
to be--
(a) an admission of guilt in relation to the
offence; or
(b) an admission of liability for the purpose
20 of any civil claim or proceeding arising
out of the same occurrence, and the
payment does not in any way affect or
prejudice any such claim or proceeding.
(3) The payment of an infringement penalty
25 under this Part must not be referred to in any
report provided to a court for the purpose of
determining sentence for any offence.
37G. Prosecution after service of infringement
notice
30 A charge may be filed in respect of an
offence to which an infringement notice
relates if--
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(a) the infringement penalty has not been
paid within the time for payment
specified in the notice or in accordance
Victorian Legislation and Parliamentary Documents
with section 37C; or
5 (b) the notice is withdrawn.
37H. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act
10 1989 if--
(a) the infringement notice is an
infringement notice within the meaning
of Schedule 7 to that Act; and
(b) the infringement penalty has not been
15 paid within the time specified in the
notice or in accordance with
section 37C; and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in
20 accordance with section 37G.'.
43. Insertion of new section to follow section 41
After section 41 of the Prevention of Cruelty to
Animals Act 1986 insert--
'41A. Council employees etc. not subject to
25 offence for giving information
(1) If--
(a) an officer, employee or contractor of a
Council gives the name and address of
an owner of land or of an animal to an
30 inspector for the purposes of enabling
the inspector to exercise a power under
this Act; and
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(b) the officer, employee or contractor has
obtained that information in the course
of his or her employment with the
Victorian Legislation and Parliamentary Documents
Council or under his or her contract
5 with the Council (as the case
requires)--
the officer, employee or contractor does not
commit any offence under the Local
Government Act 1989, regulations or local
10 laws made under that Act or any other law in
so doing.
(2) In this section "Council" has the same
meaning as in the Local Government Act
1989.'.
15 44. Amendment of regulation making powers
(1) In section 42(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) for paragraph (e) substitute--
"(e) applications for and the grant of
20 licences under Part 3, including
requirements to be satisfied before the
grant of such licences;
(ea) standards for--
(i) facilities and equipment at; and
25 (ii) scientific procedures to be carried
out at--
any premises to which a licence granted
under Part 3 applies; and
(eb) conditions on licences granted under
30 Part 3;";
(b) in paragraph (g) for "scientific
establishments (as defined in section 25) or
breeding establishments (as defined in
section 25)" (wherever occurring) substitute
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"any premises to which a licence granted
under Part 3 applies";
Victorian Legislation and Parliamentary Documents
(c) for paragraph (h) substitute--
"(h) the minimum requirements for the
5 training, experience and academic
qualifications of a person in charge of
any premises to which a licence granted
under Part 3 applies;";
(d) for paragraph (j) substitute--
10 "(j) the periods for which permits issued
under Division 2 of Part 2 remain in
force;";
(e) for paragraph (k) substitute--
"(k) membership of animal ethics
15 committees and the operation of such
committees;";
(f) in paragraph (l), omit "(as defined in
section 25)";
(g) in paragraph (m), for "section 25" substitute
20 "section 3";
(h) paragraph (n) is repealed.
(2) For section 42(1)(na), (nb) and (nc) of the
Prevention of Cruelty to Animals Act 1986
substitute--
25 "(na) prohibiting or regulating--
(i) any medical or veterinary procedure
conducted on animals; or
(ii) any method of capture of animals; or
(iii) any method or procedure of transport of
30 animals--
that may cause injury, suffering or distress to
animals;
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(nb) prohibiting or regulating the possession or
use of any implement, device or thing that
may cause injury, suffering or distress in an
Victorian Legislation and Parliamentary Documents
animal;".
5 (3) In section 42(2)(c) of the Prevention of Cruelty
to Animals Act 1986, for "five penalty units"
substitute "10 penalty units".
__________________
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PART 5--AMENDMENTS TO THE VETERINARY PRACTICE
ACT 1997
Victorian Legislation and Parliamentary Documents
45. Amendment of definitions
See: In section 3 of the Veterinary Practice Act
Act No.
5 1997--
58/1997
and
(a) insert the following definition--
amending
Act Nos
' "Secretary" means the person who is, for
46/1998,
52/1998,
the time being, the Department Head
101/1998 and
(within the meaning of the Public
11/2002.
LawToday:
10 Sector Management and
www.dms.
Employment Act 1998) of the
dpc.vic.
gov.au
Department of Primary Industries;';
(b) after paragraph (f) of the definition of
"unprofessional conduct" insert--
15 "(g) influencing or attempting to influence
the conduct of a veterinary practice in
such a way that an animal's well-being
may be compromised;
(h) the contravention of or failure to
20 comply with a condition, limitation or
restriction on the registration of a
veterinary practitioner imposed by or
under this Act;".
46. Grounds for refusal of registration
25 After section 6(2)(f) of the Veterinary Practice
Act 1997 insert--
"(fa) that the applicant's competency in speaking
and communicating in English is not
sufficient for that person to practise as a
30 registered veterinary practitioner;
(fb) that, in the case of an applicant in respect of
whom a determination of a panel has been
made under section 45(2A)(a)(i), that the
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applicant has not undergone the counselling
as specified in the determination of the
panel;
Victorian Legislation and Parliamentary Documents
(fc) that, in the case of an applicant in respect of
5 whom a determination of a panel has been
made under section 45(2A)(a)(ii), that the
applicant has not undertaken further
education in accordance with the
determination of the panel;
10 (fd) that, in the case of an applicant in respect of
whom a determination of a panel has been
made under section 45(2A)(d), that the
period for which the applicant is not entitled
to re-apply for registration has not expired;".
15 47. Insertion of new section 7A
After section 7 of the Veterinary Practice Act
1997 insert--
"7A. Non-practising registration
(1) The Board may grant or refuse to grant
20 registration as a non-practising veterinary
practitioner to an applicant if the applicant--
(a) is qualified for general registration; and
(b) the applicant has satisfied the Board
that he or she does not intend to
25 practice as a veterinary practitioner for
the period of the registration.
(2) A grant of non-practising registration under
this section is subject to any conditions,
limitations or restrictions imposed by the
30 Board on the registration.
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(3) The Board may, of its own motion, or on the
application by a veterinary practitioner
granted registration as a non-practising
Victorian Legislation and Parliamentary Documents
veterinary practitioner, amend, vary or
5 revoke any condition, limitation or
restriction imposed under sub-section (2).".
48. Endorsement of registration as a specialist
practitioner
After section 8(3) of the Veterinary Practice Act
10 1997 insert--
"(3A) The Board may refuse to grant an
endorsement of the general registration of
the veterinary practitioner on the ground that,
in the case of an applicant in respect of
15 whom a determination of a panel has been
made under section 45(2A)(f), the period for
which the applicant is not entitled to re-apply
for the endorsement has not expired.".
49. Particulars on the Register
20 For section 16(3)(a) of the Veterinary Practice
Act 1997 substitute--
"(a) the postal address of the practitioner;
(aa) the address of the premises where the
practitioner carries on veterinary practice;".
25 50. Substitution of section 20
For section 20 of the Veterinary Practice Act
1997 substitute--
"20. Complaints about the conduct of
registered veterinary practitioners
30 A person may make a complaint to the Board
about the professional conduct of a person
who is or was, at the time the conduct took
place, a registered veterinary practitioner.".
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51. Duty of Board to investigate complaints
In section 21(1) of the Veterinary Practice Act
Victorian Legislation and Parliamentary Documents
1997 for "a registered veterinary practitioner"
substitute "the practitioner about whom the
5 complaint has been made".
52. Recommendations of Board on preliminary
investigation
In section 22(1) of the Veterinary Practice Act
1997--
10 (a) at the end of paragraph (b), for "matter."
substitute "matter; or";
(b) after paragraph (b) insert--
"(c) that a preliminary investigation be
commenced under section 25.".
15 53. Substitution of section 23
For section 23 of the Veterinary Practice Act
1997 substitute--
"23. Power of Board to institute a hearing into
professional conduct
20 The Board may, of its own motion,
determine to conduct a formal or informal
hearing into the professional conduct of a
person who is or was, at the time the conduct
took place, a registered veterinary
25 practitioner, without conducting a
preliminary investigation.".
54. Commencement of preliminary investigation
In section 25 of the Veterinary Practice Act
1997--
30 (a) for "veterinary practitioner" (where first
occurring) substitute "registered veterinary
practitioner";
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(b) after "one of its members" insert "or a
registered medical practitioner".
Victorian Legislation and Parliamentary Documents
55. Examination as to health of veterinary practitioner
(1) Insert the following heading to section 27 of the
5 Veterinary Practice Act 1997--
"Examination as to health of practitioner".
(2) In section 27(1) of the Veterinary Practice Act
1997, for "registered medical practitioner"
substitute "registered practitioner".
10 (3) In section 27(2) of the Veterinary Practice Act
1997, for "registered medical practitioner"
(wherever occurring) substitute "registered
practitioner".
(4) After section 27(3) of the Veterinary Practice
15 Act 1997 insert--
'(4) A person appointed to conduct the
preliminary investigation under section 25
must not perform a medical examination
under this section.
20 (5) In this section "registered practitioner"
means--
(a) a registered medical practitioner; or
(b) a registered psychologist within the
meaning of the Psychologists
25 Registration Act 2000; or
(c) a registered physiotherapist within the
meaning of the Physiotherapists
Registration Act 1998; or
(d) a registered osteopath within the
30 meaning of the Osteopaths
Registration Act 1996; or
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(e) a registered chiropractor within the
meaning of the Chiropractors
Registration Act 1996.'.
Victorian Legislation and Parliamentary Documents
56. Report of examination
5 (1) In section 28(1) of the Veterinary Practice Act
1997 for "the member of the Board" substitute
"the person".
(2) In section 28(4) of the Veterinary Practice Act
1997, after "another veterinary practitioner" insert
10 "or another registered medical practitioner".
57. Revocation of suspension or conditions etc. on
registration
In section 32 of the Veterinary Practice Act
1997--
15 (a) after "imposed" insert "under this Part";
(b) after "suspension" insert "under this Part".
58. Establishment and notification of informal hearing
In section 34 of the Veterinary Practice Act
1997--
20 (a) for "a registered veterinary practitioner"
substitute "a person who is, or was at the
time the conduct took place, a registered
veterinary practitioner";
(b) for paragraph (c) substitute--
25 "(c) by registered post, serve a notice, which
complies with section 36, on the person
who is the subject of the hearing; and".
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59. Appointment of non Board members to Panel
(1) For section 35(2) of the Veterinary Practice Act
Victorian Legislation and Parliamentary Documents
1997 substitute--
"(2) If--
5 (a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
(b) the Board is of the opinion that a person
with special expertise is required for the
10 hearing--
the President or (if the President is unable to
act) the Deputy President of the Board may
appoint persons who are not members of the
Board but who are approved by the Governor
15 in Council under sub-section (4) to fill the
vacant positions on the panel.
(2A) Despite sub-section (2), at least one member
of a panel must be a member of the Board.".
(2) After section 35(3) of the Veterinary Practice
20 Act 1997 insert--
"(4) The Governor in Council, on the
recommendation of the Minister, may
approve persons who are not members of the
Board to be eligible to be appointed to a
25 panel under sub-section (2).".
60. Findings and determinations of an informal hearing
(1) In section 38(1) of the Veterinary Practice Act
1997, for "the veterinary practitioner" (wherever
occurring) substitute "the person who is the
30 subject of the hearing".
(2) In section 38(2) of the Veterinary Practice Act
1997--
(a) after "If" insert ", in the case of a registered
veterinary practitioner,";
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(b) after paragraph (a) insert--
"(aa) that the veterinary practitioner
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undertake further education of the kind
stated in the determination and to
5 complete it within the period specified
in the determination;".
(3) After section 38(2) of the Veterinary Practice
Act 1997 insert--
"(3) If, in the case of a person who has ceased to
10 be a registered veterinary practitioner, the
panel finds that the person, whether by act or
omission engaged in unprofessional conduct
which is not of a serious nature, the panel
may make one or more of the following
15 determinations--
(a) that the person is not entitled to re-
apply for registration unless the
person--
(i) has undergone counselling; or
20 (ii) has undertaken further education
of the kind stated in the
determination and completed it
within the period specified in the
determination;
25 (b) that the person be cautioned;
(c) that the person be reprimanded.".
61. Appointment of non Board members to panel
(1) For section 42(2) of the Veterinary Practice Act
1997 substitute--
30 "(2) If--
(a) the Board is unable to appoint a panel
because there are not enough members
available to sit on it; or
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(b) the Board is of the opinion that a person
with special expertise is required for the
hearing--
Victorian Legislation and Parliamentary Documents
the President or (if the President is unable to
5 act) the Deputy President of the Board may
appoint persons who are not members of the
Board but who are approved by the Governor
in Council under sub-section (4) to fill the
vacant positions on the panel.
10 (2A) Despite sub-section (2), at least one member
of a panel must be a member of the Board.".
(2) After section 42(3) of the Veterinary Practice
Act 1997 insert--
"(4) The Governor in Council, on the
15 recommendation of the Minister, may
approve persons who are not members of the
Board to be eligible to be appointed to a
panel under sub-section (2).".
62. Insertion of new sections 43A and 43B
20 After section 43 of the Veterinary Practice Act
1997 insert--
"43A. Preliminary conferences
(1) The Board may, at any time before a formal
hearing, require the person who is the subject
25 of the hearing to attend one or more
preliminary conferences with a person
appointed by the Board.
(2) The Board must not appoint a person who is
a member of the Board or a hearing panel to
30 conduct a preliminary conference.
(3) The functions of a preliminary conference
are to--
(a) identify and clarify the nature of the
issues in dispute in the matter;
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(b) identify the issues to be considered or
determined by the panel;
Victorian Legislation and Parliamentary Documents
(c) allow guidance to be given concerning
the conduct of the matter.
5 (4) The Board must give notice of the
preliminary conference to the person who is
the subject of the hearing.
(5) A preliminary conference must be held in
private unless the person presiding directs
10 otherwise.
(6) Except as provided for in this section, the
procedure for a preliminary conference is at
the discretion of the person presiding.
43B. Requirements as to attendance at
15 preliminary conference
The Board may require a person who is the
subject of a formal hearing to attend a
preliminary conference either personally or
by a representative.".
20 63. Findings and determinations of a formal hearing
into conduct
(1) In section 45(1) of the Veterinary Practice Act
1997--
(a) after "formal hearing" insert "under
25 section 44";
(b) for "a registered veterinary practitioner"
substitute "a person";
(c) for "the veterinary practitioner" (wherever
occurring) substitute "the person".
30 (2) In section 45(2) of the Veterinary Practice Act
1997, after "If" insert ", in the case of a registered
veterinary practitioner,".
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(3) After section 45(2) of the Veterinary Practice
Act 1997 insert--
Victorian Legislation and Parliamentary Documents
"(2A) If, in the case of a person who has ceased to
be a registered veterinary practitioner, the
5 panel finds that the person, whether by act or
omission engaged in unprofessional conduct
of a serious nature, the panel may make one
or more of the following determinations--
(a) that the person is not entitled to re-
10 apply for registration unless the
person--
(i) has undergone counselling; or
(ii) has undertaken further education
of the kind stated in the
15 determination and completed it
within the period specified in the
determination;
(b) that the person be cautioned;
(c) that the person be reprimanded;
20 (d) that the person is not entitled to re-
apply for registration for the period
specified by the panel in the
determination;
(e) that the person is not entitled to apply
25 for endorsement of registration as a
specialist practitioner for the period
specified by the panel in the
determination.".
64. Findings and determinations of a formal hearing
30 into ability to practise
(1) In section 46(1) of the Veterinary Practice Act
1997--
(a) after "formal hearing" insert "under
section 44";
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(b) for "a registered veterinary practitioner"
substitute "a person";
Victorian Legislation and Parliamentary Documents
(c) for "the veterinary practitioner" (wherever
occurring) substitute "the person".
5 (2) In section 46(2) of the Veterinary Practice Act
1997, after "If" insert ", in the case of a registered
veterinary practitioner,".
(3) After section 46(2) of the Veterinary Practice
Act 1997 insert--
10 "(3) If, in the case of a person who has ceased to
be a registered veterinary practitioner, the
panel makes a finding under sub-section
(1)(a), the panel may make the determination
that, if the person re-applies for registration,
15 the condition, limitation or restriction
specified in the determination be imposed on
the registration of the person.".
65. Notifications by Board
In section 52(1) of the Veterinary Practice Act
20 1997--
(a) in paragraph (d), for "veterinary
practitioner--" substitute "veterinary
practitioner;";
(b) after paragraph (d) insert--
25 "(da) that a person is not entitled to re-apply
for general registration as a veterinary
practitioner for a specified period;
(db) that a person is not entitled to re-apply
for endorsement as a specialist
30 practitioner for a specified period--";
(c) for "the Board may give notice" substitute
"the Board must give notice".
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66. Insertion of new section 58A
After section 58 of the Veterinary Practice Act
Victorian Legislation and Parliamentary Documents
1997 insert--
"58A. Offence to direct or incite unprofessional
5 conduct
(1) A person who employs a registered
veterinary practitioner must not direct or
incite the practitioner to do anything, in the
course of veterinary practice, that would
10 constitute unprofessional conduct.
Penalty: For a natural person, 200 penalty
units for a first offence or
400 penalty units for a second or
subsequent offence.
15 For a body corporate, 400 penalty
units for a first offence or
800 penalty units for a second or
subsequent offence.
(2) If a court convicts or finds a person guilty of
20 an offence against this section, the Clerk or
other proper officer of the court must notify
the Secretary, in writing, of the conviction or
finding.".
67. Further amendments to the Veterinary Practice Act
25 1997
The Veterinary Practice Act 1997 is amended as
set out in the Schedule.
__________________
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Sch.
SCHEDULE
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Section 67
CONSEQUENTIAL AMENDMENTS TO THE VETERINARY
PRACTICE ACT 1997
5 In section 36 of the Veterinary Practice Act 1997--
(a) in paragraph (a), for "the veterinary practitioner" substitute "the
person who is the subject of the hearing";
(b) in paragraph (c), for "the veterinary practitioner" substitute "the
person who is the subject of the hearing";
10 (c) in paragraph (d), for "the veterinary practitioner" substitute "the
person who is the subject of the hearing".
In section 37(b) of the Veterinary Practice Act 1997 for "the veterinary
practitioner" substitute "the person".
In section 39 of the Veterinary Practice Act 1997--
15 (a) in paragraph (a), for "the veterinary practitioner" substitute "the
person";
(b) in paragraph (b), for "the veterinary practitioner" substitute "the
person who is the subject of the hearing".
In section 40 of the Veterinary Practice Act 1997, for "the veterinary
20 practitioner" substitute "the person".
In section 41 of the Veterinary Practice Act 1997--
(a) in paragraph (b), for "a veterinary practitioner" substitute "a person";
(b) in paragraph (f), for "the veterinary practitioner" substitute "the
person who is the subject of the hearing".
25 In section 43(a) of the Veterinary Practice Act 1997, for "the veterinary
practitioner" substitute "the person who is the subject of the hearing".
In section 44(b) of the Veterinary Practice Act 1997, for "the veterinary
practitioner" substitute "the person".
In section 51(1) of the Veterinary Practice Act 1997, for "the veterinary
30 practitioner" substitute "the person".
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Endnotes
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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