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ANIMAL WELFARE ACT 2002 - SECT 17

ANIMAL WELFARE ACT 2002 - SECT 17

17 .         Suspension and revocation

        (1)         The Minister may, by giving written notice to the licensee, suspend a licence for up to 3 months if the Minister is satisfied that —

            (a)         the licensee has, or any of the licensee’s staff or students have, committed an offence under this Act since the licence was issued or last renewed; or

            (b)         if the licence was due for renewal, the Minister would not, having regard to the criteria set out in section 9, renew it; or

            (c)         in the case of a licence to use animals for scientific purposes, the relevant animal ethics committee has failed to comply with the scientific use code in relation to the licensee’s use of animals; or

            (d)         for any other reason the welfare, safety and health of an animal would be under threat if the licence remained in force.

        (2)         The Minister may, by giving written notice to the licensee, revoke a licence if —

            (a)         the Minister is satisfied that the licence was obtained by fraud or misrepresentation; or

            (b)         the licence is suspended and the Minister is satisfied, during the 14 days before the end of the suspension period, that the licensee has not taken reasonable steps to ensure that the grounds for the suspension have been remedied and will not recur.

        (3)         When revoking a licence the Minister may also disqualify the licensee from applying for another licence before the date on which the revoked licence would have lapsed if it had not been revoked.

        (4)         Before exercising a power referred to in subsection (1) or (2) the Minister is to —

            (a)         give the licensee written notice —

                  (i)         stating the intention to suspend or revoke the licence; and

                  (ii)         setting out the grounds for the intended suspension or revocation; and

                  (iii)         advising that the licensee has 7 days (or any longer period the Minister considers appropriate) within which to respond to the notice;

                and

            (b)         have due regard to any response to the notice made within that time.

        (5)         A licensee must deliver a suspended or revoked licence to the Minister as soon as practicable, and in any event within 7 days, after the suspension or revocation.

        Penalty: $2 000.

        (6)         Subject to subsection (2)(b), a suspended licence delivered to the Minister under subsection (5) is to be returned to the licensee as soon as practicable after the end of the suspension period.