Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT (PUPPY FARMS AND PET SHOPS) ACT 2017 (NO. 69 OF 2017) - SECT 35

After the heading to Division 5 of Part 4 of the Principal Act insert —

        " 63AAA     Definition

In this Division—

"approved source" means any of the following—

        (a)     an animal shelter that is conducted on premises that are registered under section 47;

        (b)     a pound that is conducted on premises that are registered under section 47;

        (c)     a registered foster carer.

        63AAB     Offences as to sale or giving away of animals by pet shops

    (1)     A person must not, in the conduct of the business of a pet shop, sell or give away a dog or cat unless the dog or cat is from an approved source.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     A person must not, in the conduct of the business of a pet shop, cause or allow a dog or cat that is not from an approved source to be sold or given away.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (3)     The proprietor of a pet shop must not act as an agent in the sale or giving away of a dog or cat that is not from an approved source.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (4)     A person must not, in the conduct of the business of a pet shop, accept or receive a dog or cat for sale or giving away that is not from an approved source.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

        63AAC     Offences as to sale or giving away or provision of animals to pet shops

    (1)     A person must not sell, give away or provide a dog or cat that is not from an approved source to the proprietor of a pet shop or an agent of the proprietor.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     A person must not cause or allow a dog or cat that is not from an approved source to be sold, given away or provided to the proprietor of a pet shop or an agent of the proprietor.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

        63AAD     Offences where dog or cat is in foster care and that is not of a certain age

    (1)     A person must not sell, give away or provide to the proprietor of a pet shop or an agent of the proprietor a dog or cat that is—

        (a)     in foster care with a registered foster carer; and

        (b)     under—

              (i)     6 months of age, if a dog; or

              (ii)     8 weeks of age, if a cat.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     A person must not cause or allow a dog or cat to be sold, given away or provided to the proprietor of a pet shop or an agent of the proprietor if the dog or cat is—

        (a)     in foster care with a registered foster carer; and

        (b)     under—

              (i)     6 months of age, if a dog; or

              (ii)     8 weeks of age, if a cat.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (3)     The proprietor of a pet shop must not act as an agent in the sale or giving away of a dog or cat that is—

        (a)     in foster care with a registered foster carer; and

        (b)     under—

              (i)     6 months of age, if a dog; or

              (ii)     8 weeks of age, if a cat.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (4)     A person must not, in the conduct of a business that is a pet shop, accept or receive a dog or cat for sale or giving away that is—

        (a)     in foster care with a registered foster carer; and

        (b)     under—

              (i)     6 months of age, if a dog; or

              (ii)     8 weeks of age, if a cat.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

        63AAE     Offence to sell a dog or cat to an animal shelter or pound

    (1)     A person must not sell a dog or cat to the proprietor or an agent of the proprietor of an animal shelter or a pound.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.

    (2)     A person must not cause or allow a dog or cat to be sold to the proprietor or an agent of the proprietor of an animal shelter or a pound.

Penalty:     In the case of a natural person, 164 penalty units;

In the case of a body corporate, 600 penalty units.".