Victorian Numbered Acts Victorian Numbered ActsAfter Division 3A of Part 4 of the Principal Act insert —
In this Division—
"animal" means any animal referred to in paragraph (c) of the definition of "pet shop";
"relevant Council" means the Council of the municipal district in which the sale of animals is to take place under an animal sale permit.
(1) A person may apply to the Minister for an animal sale permit to sell animals from a place that is not one of the following—
(a) a premises registered under Part 4 for the purpose of conducting a domestic animal business from which such a class of animal may be sold;
(b) a person's residence.
(2) An application for an animal sale permit must—
(a) be in the form approved by the Minister, which must require the applicant to provide information concerning the matters in section 58O(1); and
(b) be accompanied by the prescribed application fee; and
(c) include a copy of an agreement entered into between a veterinary practitioner and the applicant confirming that the veterinary practitioner will remain on call for the duration of the sale; and
(d) include the full name and contact details of the applicant; and
(e) include any other prescribed information.
(1) The Minister may issue a permit authorising the applicant to sell animals at a place specified in the permit for the period specified in the permit which must not be more than one day.
(2) The Minister may refuse to issue an animal sale permit if—
(a) the Minister is not satisfied that the applicant meets the prescribed criteria; or
(b) the applicant 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) the Minister believes on reasonable grounds that to issue the permit would be inconsistent with the purposes of this Act.
(3) An animal sale permit must specify the following—
(a) each species of animal that may be sold under the permit;
(b) the day on which the sale is to take place;
(c) the place at which the sale is to take place;
(d) any conditions imposed on the permit.
(1) The Minister may impose any conditions on an animal sale permit that the Minister considers necessary including in relation to the following matters—
(a) the animal accommodation at the place of the proposed sale;
(b) the guarantee of sale to be offered by the applicant when selling animals under the permit;
(c) the animal care policies and procedures which the applicant has, or intends to have, in place before, during and after the proposed sale, including veterinary support and emergency management and evacuation plans.
(2) It is a condition of an animal sale permit that the permit holder must give access or ensure that access to the place of sale is given to a Council authorised officer or restricted authorised officer for the purposes of inspecting the place at any reasonable time before or during the sale.
(3) It is a condition of an animal sale permit that a person who is given a direction under section 58Q(1) must—
(a) immediately cease any activities authorised under the permit; and
(b) take any action that is included in the notice under section 58Q(2)(e).
(4) An animal sale permit is subject to any conditions prescribed by this Act, the regulations made under this Act or imposed by the Minister under subsection (1).
The Minister must, before the day of the sale under an animal sale permit, give a copy of the permit, including any conditions imposed on the permit, to the relevant Council.
(1) A Council authorised officer or a restricted authorised officer may, in accordance with subsection (2), direct the person apparently in charge of the sale under an animal sale permit to close down the sale at any time if the authorised officer reasonably believes that the welfare of any animal to be sold at the sale is at risk.
(2) For the purposes of subsection (1), the authorised officer must give a direction to a person under subsection (1) verbally and give to that person at the same time a notice that contains the following—
(a) the reasons for the closure of the sale;
(b) the time the notice was issued;
(c) a statement that no further activities authorised under the animal sale permit may continue;
(d) the time by which any activities authorised under the animal sale permit must cease;
(e) any action that must be taken by the person given the direction to address the animal welfare issues identified in the notice.
(3) An authorised officer who has given a direction under subsection (1) must without delay notify the Minister and the relevant Council of the closure of the sale.
(1) The holder of an animal sale permit must submit a report that complies with subsection (2) to the Minister no later than 28 days after the day of the sale specified in the permit.
Penalty: In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
(2) The report must contain the following information—
(a) each species of animal and the number of each species of animal offered for sale;
(b) the number of animals of each species of animal sold;
(c) any non-compliance, of which the holder of the permit was aware at the time of preparing the report, with—
(i) any guarantee of sale offered by the holder of the permit; or
(ii) the animal care policies and procedures that the holder of the permit had in place during the sale;
(d) any offence, with which the holder of the permit has been charged, against a law referred to in section 58N(2)(b) relating to the conduct of the sale of animals under the animal sale permit;
(e) any adverse welfare outcomes for the animals offered for sale under the animal sale permit of which the holder of the permit was aware at the time of preparing the report.
(3) The Minister must cause a copy of a report under this section to be given to the relevant Council as soon as practicable after receiving the report.
(1) The holder of an animal sale permit must comply with any condition imposed on the permit.
Penalty: In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
(2) The holder of an animal sale permit must ensure that the person in charge of the animal sale authorised under the permit complies with any condition imposed on the permit.
Penalty: In the case of a natural person, 30 penalty units;
In the case of a body corporate, 150 penalty units.
(1) The Minister may declare that an organisation is a declared bird organisation if—
(a) the organisation has applied to the Minister to be declared a declared bird organisation; and
(b) the Minister is satisfied that the organisation represents members with an interest in—
(i) birds and bird keeping; and
(ii) the promotion of aviculture; and
(iii) the wellbeing of birds, whether in captivity or in the wild; and
(c) the Minister is satisfied that the organisation has processes in place to educate its members about, and to ensure that its members comply with—
(i) the Code of Practice for the Housing of Caged Birds made under the Prevention of Cruelty to Animals Act 1986 , as varied from time to time; or
(ii) any other code of practice relating to caged birds approved by the Minister for the purposes of this section.
(2) An application for a declaration under subsection (1) must be made in the form approved by the Minister.
(3) A declaration under this section remains in force until the earlier of—
(a) the end of the period (if any) specified in the declaration; or
(b) the revocation of the declaration.
(4) The Minister must cause a notice of a declaration made under this section, or a revocation of such a declaration, to be published in the Government Gazette.
(1) A declared bird organisation that intends to conduct a caged bird sale from any place other than the following places must give notice in accordance with this section, to the Secretary of its intention to hold the caged bird sale—
(a) a premises registered under Part 4 for the purpose of conducting a domestic animal business from which caged birds may be sold;
(b) a person's residence.
Penalty: 10 penalty units.
(2) The declared bird organisation must notify the Secretary in writing of the caged bird sale at least 14 days before the caged bird sale commences.
(3) The notification to the Secretary must include the day or days on which the caged bird sale is to be conducted and any other prescribed details.
(4) A declared bird organisation does not commit an offence under subsection (1), if the organisation intends to conduct the caged bird sale in accordance with an animal sale permit.".