Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT (PUPPY FARMS AND PET SHOPS) ACT 2017 (NO. 69 OF 2017) - SECT 28

    (1)     In section 54(2) of the Principal Act—

        (a)     for "subsection (3)" substitute "subsections (3), (3A) and (3B) and sections 54A, 54B, 54C and 54D";

        (b)     for paragraph (b) substitute —

    "(b)     the proprietor or person applying for registration has been found guilty of—

              (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 with a law referred to in subparagraph (i) or (ii); or

        (c)     a relevant person in relation to the domestic animal business that is or is proposed to be conducted on the premises is a relevant person in relation to another domestic animal business (wherever situated) that is a pet shop, pound, animal shelter or breeding domestic animal business.".

    (2)     At the foot of section 54(2) of the Principal Act insert —

" Note

See also section 54E for interim duty of the Council, in certain circumstances, to refuse to renew registration of premises at which more than 10 relevant fertile female dogs are being kept.".

    (3)     After section 54(3) of the Principal Act insert —

    "(3A)     The Council must refuse to register, renew the registration of, or transfer the registration of, a premises on which a domestic animal business is or is proposed to be conducted that is an animal shelter, a pet shop or a pound if a relevant person in relation to the domestic animal business is a relevant person in relation to a breeding domestic animal business (wherever situated).

    (3B)     The Council must refuse to register, renew the registration of or transfer the registration of a premises on which a domestic animal business is or is proposed to be conducted that is a breeding domestic animal business, if a relevant person in relation to that domestic animal business is a relevant person in relation to an animal shelter, pet shop or pound (wherever situated).".

    (4)     In section 54(4) of the Principal Act—

        (a)     for "For the purposes of this section" substitute "In this section";

        (b)     for the definition of relevant person substitute —

""relevant person", in relation to a domestic animal business means any of the following—

        (a)     the proprietor of the business;

        (b)     the person who conducts the business;

        (c)     the person applying for registration, renewal of registration or transfer of registration of premises on which the business is being
or is to be conducted;";

        (c)     for paragraph (c) in the definition of specified offence substitute —

    "(c)     section 12AF;".