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DOMESTIC ANIMALS AMENDMENT (PUPPY FARMS AND PET SHOPS) ACT 2017 (NO. 69 OF 2017) - SECT 104

New Part inserted after Part 5B

After Part 5B of the Principal Act insert

" Part 5C—Information register and source numbers

Division 1—Definition

        68L     Definition

    (1)     In this Part—

"inspect", in relation to the information register, includes the obtaining of information kept on the register either orally or in writing.

    (2)     In this Part, a reference to "sell "or selling" includes a reference to "give away or giving away", and a reference to "sale includes a reference to giving away .

Division 2—Information register

        68M     Secretary to keep information register

    (1)     The Secretary must establish and maintain a register—

        (a)     of information relating to—

              (i)     domestic animal businesses; and

              (ii)     registered foster carers; and

              (iii)     recreational breeders; and

              (iv)     microbreeders and others who sell dogs or cats; and

        (b)     of source numbers issued under Division 3 and related matters; and

        (c)     of information relating to the keeping and breeding of dogs or cats.

    (2)     The register must contain—

        (a)     the source numbers issued by the Secretary under Division 3 and related information; and

        (b)     the information given to the Secretary under this Part; and

        (c)     any other prescribed information.

        68N     Information as to domestic animal businesses to be given to Secretary

    (1)     For the purpose of keeping and maintaining the information register, a Council must give to the Secretary the information set out in section 68Q(1) and (2) relating to each registration of a premises by the Council under Part 4.

    (2)     The Council must give the information to the Secretary under subsection (1) within 7 days after making a decision under Part 4 to grant the registration or renew or transfer the registration under that Part.

        68O     Information as to registered foster carers to be given to Secretary

    (1)     For the purpose of keeping and maintaining the information register, a Council must give to the Secretary the information set out in section 68Q(1)(a), (c)(ii) and (iii), (d)(ii), (h), (i) and (j), relating to each registration of a foster carer by the Council under Part 5B.

    (2)     The Council must give the information to the Secretary under subsection (1) within 7 days after making a decision under Part 5B to grant or renew the registration.

        68P     Information to be given to Secretary for source number applications

    (1)     A recreational breeder who is applying for a source number under Division 3 must give the information set out in section 68Q(1)(a), (c), (d)(i), (e), (f), (g), (h), (i), and (j) and (3) relating to the recreational breeder, to the Secretary with the application for the source number.

    (2)     A microbreeder who is applying for a source number under Division 3 must give the information set out in section 68Q(1)(a), (c), (e), (h), (i) and (j), relating to the microbreeder, to the Secretary with the application for the source number.

    (3)     Any other person or body who is applying for a source number under Division 3 must give the information set out in section 68Q(1)(a), (c)(ii) and (iii), (h), (i) and (j), relating to the person or body, to the Secretary with the application for the source number.

        68Q     Information to be given under section 68N, 68O or 68P

    (1)     For the purpose of this Division, the following information relating to the proprietor of a domestic animal business, a registered foster carer, a recreational breeder, a microbreeder or a person or body ( relevant person or body ) is set out—

        (a)     the name of the relevant person or body;

        (b)     if the relevant person or body is a body corporate, the names of the office holders of the body corporate;

        (c)     the following details about the relevant person or body—

              (i)     the address;

              (ii)     the telephone number;

              (iii)     the email address;

        (d)     the address of the premises at which a relevant person or body—

              (i)     who carries out breeding of dogs or cats, carries out that breeding; or

              (ii)     who is a registered foster carer, keeps the animals;

        (e)     for a relevant person or body who carries out breeding of dogs or cats, the number of registered dogs and cats kept at the premises, and for each registered dog and cat—

              (i)     the unique number contained in the microchip contained in the prescribed permanent identification device implanted in the dog or cat; and

              (ii)     any name and the breed, sex, age and colour of the dog or cat; and

              (iii)     for a female dog or cat, the number of litters the animal has had and the date on which the dog or cat had the litter; and

              (iv)     if the dog or cat has been desexed;

        (f)     the details of any conviction or finding of guilt of the relevant person or body for—

              (i)     an offence against this Act or regulations made under this Act; or

              (ii)     an offence against the Prevention of Cruelty to Animals Act 1986 or regulations made under that Act; or

              (iii)     an offence against a law of another State or a Territory of the Commonwealth that corresponds to a law referred to in subparagraph (i) or (ii);

        (g)     the details of—

              (i)     any order under section 84WA or 84XA to which a relevant person or body has been subject; or

              (ii)     any order under a law of another State or a Territory of the Commonwealth that corresponds to one of those orders;

        (h)     the source number of the relevant person or body;

              (i)     the name of the Council of the municipality in which the premises is located at which a relevant person or body who does so—

              (i)     carries on business; or

              (ii)     carries out the breeding of dogs or cats;

        (j)     any other prescribed matter.

    (2)     For the purpose of this Division, the following additional information is set out for domestic animal businesses—

        (a)     the registration number of the premises on which the domestic animal business is being conducted;

        (b)     the type of domestic animal business that is being conducted;

        (c)     the name of the owner of the land on which the premises is situated;

        (d)     the date on which the premises was registered, or the registration of the premises was renewed or transferred;

        (e)     the date of the most recent inspection of the premises by a Council authorised officer.

    (3)     For the purpose of this Division, the following additional information is set out for recreational breeders—

        (a)     the name of the applicable organisation of which the recreational breeder is a member;

        (b)     the membership number of the applicable organisation of which the recreational breeder is a member;

        (c)     the date of the most recent inspection of the premises by the applicable organisation (if known).

        68R     Secretary to be given information as to refusal etc. of registration

    (1)     For the purpose of keeping and maintaining the information register, a Council—

        (a)     must give the information set out in subsection (2) to the Secretary within 7 days after making a decision under Part 4—

              (i)     to refuse to grant, renew or transfer a registration under that Part; or

              (ii)     to suspend or revoke a registration under that Part; and

        (b)     must give the information set out in subsection (3) to the Secretary within 7 days of making a decision under Part 5B—

              (i)     not to grant or renew a registration under that Part; or

              (ii)     to suspend or cancel a registration under that Part.

    (2)     For the purpose of subsection (1)(a), the following information is set out—

        (a)     the name of the domestic animal business or proposed domestic animal business;

        (b)     the name of the applicant for registration or the proprietor of the domestic animal business or proposed domestic animal business and, if the applicant or proprietor is a body corporate, the names of the office holders of the body corporate;

        (c)     the following details for the domestic animal business or proposed domestic animal business—

              (i)     the address;

              (ii)     the telephone number;

              (iii)     the email address;

        (d)     for registered premises, the registration number of the premises;

        (e)     for registered premises, the date on which the premises was first registered;

        (f)     the type of domestic animal business or proposed domestic animal business;

        (g)     for the land on which the premises is situated—

              (i)     the name of the owner of the land; and

              (ii)     the address of the land; and

              (iii)     a description of the land and premises, including whether the premises is an original or transferred premises;

        (h)     the reason for deciding to refuse to register or renew or transfer registration or suspend or revoke registration, including the relevant provision of this Act under which the decision was made;

              (i)     for revocation of registration, the date of revocation;

        (j)     any details, within the knowledge of the Council, of any conviction or finding of guilt of the applicant or proprietor of the domestic animal business for—

              (i)     an offence against this Act or regulations made under this Act; or

              (ii)     an offence against the Prevention of Cruelty to Animals Act 1986 or regulations made under that Act;

        (k)     the source number of the business;

        (l)     for a refusal to renew registration or revocation of registration of premises on which a breeding domestic animal business is conducted by an approved commercial dog breeder, the date of the refusal to renew or revocation;

        (m)     any other prescribed matter.

    (3)     For the purposes of subsection (1)(b), the following information is set out—

        (a)     the name of the foster carer;

        (b)     the address where the foster carer keeps the animals being cared for;

        (c)     the following details for the foster carer—

              (i)     the telephone number;

              (ii)     the email address (if known);

        (d)     the source number of the foster carer;

        (e)     for cancellation of registration, the date of cancellation;

        (f)     the reason for deciding to refuse to grant or renew registration or to suspend or cancel registration, including the relevant provision of this Act under which the decision was made;

        (g)     any other prescribed matter.

        68S     Applicable organisation to give information as to cessation of membership of recreational breeder to Secretary

    (1)     For the purpose of keeping and maintaining the information register, an applicable organisation must give the information set out in subsection (2) to the Secretary within 7 days after—

        (a)     the organisation makes a decision to disqualify, cancel, suspend or not renew the membership of a recreational breeder; or

        (b)     the recreational breeder resigns from the organisation.

    (2)     The following information is set out for the purpose of subsection (1)—

        (a)     the name of the recreational breeder;

        (b)     the membership number of the recreational breeder;

        (c)     if the recreational breeder's membership was disqualified, cancelled, suspended or not renewed, the date on which that happened;

        (d)     if the recreational breeder resigned from the applicable organisation, the date on which that happened;

        (e)     the name of the Council of the municipality in which the premises is located at which the recreational breeder carried out recreational breeding;

        (f)     the name of the applicable organisation.

        68T     Other information to be included on the information register

If the Minister has granted or refused an application by the proprietor of a breeding domestic animal business for a commercial dog breeder approval, the Secretary must insert that information in the information register within 7 days of the Minister's decision.

        68U     Persons who may inspect the information register

    (1)     In accordance with the regulations (if any), the following persons may inspect information in the information register—

        (a)     the Secretary or a person employed by the Department acting in the course of the person's duties under this Act;

        (b)     a Council authorised officer, restricted authorised officer or Departmental authorised officer acting in the course of the officer's duties under this Act.

    (2)     In accordance with the regulations (if any), a member of the public who is proposing to purchase or obtain an animal may inspect the following information in the information register—

        (a)     for purchasing or obtaining from a domestic animal business—

              (i)     the information referred to in section 68Q(1)(h) and (i) and (2)(a); and

              (ii)     if the proprietor of the domestic animal business has consented to the giving of all or any of the information referred to in section 68Q(1)(a) and (c)(ii) and (iii), the information consented to;

        (b)     for purchasing or obtaining from a registered foster carer—

              (i)     the information referred to in section 68Q(1)(h) and (i); and

              (ii)     if the registered foster carer has consented to the giving of all or any of the information referred to in section 68Q(1)(a), (c)(ii) and (iii), the information consented to;

        (c)     for purchasing or obtaining from a recreational breeder—

              (i)     the information referred to in section 68Q(1)(h) and (i) and (3)(a) and (b); and

              (ii)     if the recreational breeder has consented to the giving of all or any of the information referred to in section 68Q(1)(a), (c)(ii) and (iii), the information consented to;

        (d)     for purchasing or obtaining from a microbreeder or other person or body, the information referred to in section 68Q(1)(h) and (i).

    (3)     For the purposes of subsection (2)(a)(ii), (b)(ii) and (c)(ii), the consent must be given at any time before the information is inspected.

        68V     Inspections by police officers and public sector bodies

    (1)     On application to the Secretary, a police officer or a member, officer or employee of a public sector body (within the meaning of the Public Administration Act 2004 ), who is investigating a relevant offence, may inspect the information register for the purpose of the investigation.

    (2)     The Secretary may grant an application under subsection (1), if the Secretary is satisfied, on the information given in the application, that the inspection is necessary for the purposes of the investigation.

    (3)     In this section—

"relevant offence" means—

        (a)     an offence against this Act or regulations made under this Act; or

        (b)     an offence against the Prevention of Cruelty to Animals Act 1986 or regulations made under that Act; or

        (c)     an offence against Division 9AA of Part I of the Crimes Act 1958 .

        68W     Offences as to information register

A person must not inspect or attempt to inspect all or any part of the information register unless the person does so in accordance with this Part.

Penalty:     10 penalty units.

Division 3—Source numbers

        68X     Secretary may issue source numbers

For the purposes of this Part, the Secretary, in accordance with this Division, may issue source numbers to persons or bodies.

        68Y     Issue of source numbers to domestic animal businesses

    (1)     The Secretary must issue a source number to the proprietor of a domestic animal business on receiving the information from the Council under section 68Q that the Council has registered the premises on which the business is being conducted.

    (2)     The Secretary must renew the issue of a source number to the proprietor of a domestic animal business on receiving the information from the Council under section 68Q that the Council has renewed the registration of the premises on which the business is being conducted.

    (3)     The Secretary must notify the Council and the proprietor of the domestic animal business of the source number issued under this section.

    (4)     If the Council suspends or revokes the registration of a premises on which a domestic animal business is being conducted, any source number issued under this section is also suspended or revoked on the same terms that apply to the suspension or revocation of the registration.

        68Z     Issue of source numbers to registered foster carers

    (1)     The Secretary must issue a source number to a registered foster carer on receiving the information from the Council under section 68Q that the Council has registered the foster carer.

    (2)     The Secretary must renew the issue of a source number to a registered foster carer on receiving the information from the Council under section 68Q that the Council has renewed the registration of the foster carer.

    (3)     The Secretary must notify the Council and the registered foster carer of the source number issued under this section.

    (4)     If the Council suspends or cancels the registration of a foster carer, any source number issued under this section is also suspended or cancelled on the same terms that apply to the suspension or cancellation of the registration.

        68ZA     Issue of source numbers to recreational breeders

The Secretary may issue or renew the issue of a source number to a recreational breeder, who may apply for the issue or renewal under section 68ZD, on receiving an application from the recreational breeder under section 68ZD that—

        (a)     sets out the information required by section 68P(1); and

        (b)     complies with this Division.

        68ZB     Issue of source numbers to other persons or bodies

    (1)     The Secretary may issue or renew the issue of a source number to a microbreeder, who may apply for the issue or renewal under section 68ZD, on receiving an application from the microbreeder that—

        (a)     sets out the information required by section 68P(2); and

        (b)     complies with this Division.

    (2)     The Secretary may issue or renew the issue of a source number to a person or body who is not a microbreeder, who may apply for the issue or renewal under section 68ZD, on receiving an application from the person or body that—

        (a)     sets out the information required by section 68P(3); and

        (b)     complies with this Division.

    (3)     To avoid doubt, this section does not apply to the proprietor of a domestic animal business, a foster carer or a recreational breeder.

        68ZC     Period for which source numbers remains in force

A source number issued by the Secretary under section 68ZA or 68ZB remains in force for 12 months from the date of issue.

        68ZD     Application for source numbers or renewal of source numbers

    (1)     For the purposes of section 68ZA or 68ZB, a recreational breeder, a microbreeder or a person or body who is selling or who proposes to sell dogs or cats by advertising or proposing to advertise the dogs or cats for sale may apply to the Secretary for the issue of a source number.

    (2)     A person or body who has a source number may apply for the renewal of the source number before the source number ceases to be in force.

    (3)     An application under this section—

        (a)     must be in the form approved by the Secretary; and

        (b)     must be accompanied by—

              (i)     the prescribed fee; and

              (ii)     any other prescribed information and any information or documents required by the Secretary.

        68ZE     Secretary's decision on application to issue or renew

    (1)     The Secretary must decide whether or not to issue or renew a source number within 21 days of receiving an application for the issue or renewal of the number under this Division.

    (2)     As soon as possible after making a decision under subsection (1), the Secretary must give written notice to the applicant—

        (a)     of the decision; and

        (b)     of the number, if the decision is to issue or renew the issue of a source number.

        68ZF     Grounds for refusal to issue or suspension or revocation

The Secretary may decide not to issue or renew the issue of a source number or to suspend or to revoke a source number—

        (a)     if the applicant has been convicted or found guilty of—

              (i)     an offence against section 9(1), 10(1), 12AF, 12A(8) or 15C(1) or (2) the Prevention of Cruelty to Animals Act 1986 ; or

              (ii)     an offence against a law of another State or a Territory of the Commonwealth that corresponds with a law referred to in subparagraph (i); or

        (b)     if the applicant has ever been subject to—

              (i)     an order under section 84WA or 84XA; or

              (ii)     an order under a law of another State or a Territory of the Commonwealth that corresponds to one of those orders; or

        (c)     if the person has given false or misleading information on or with the application; or

        (d)     for any other prescribed reason.

        68ZG     Notice of cessation of source number

    (1)     At least 28 days before a source number ceases to be in force, the Secretary must give written notice of that fact to the person or body to whom the number was issued.

    (2)     A notice under subsection (1) must set out the day on which the source number ceases to be in force.".'.



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