Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT (PUPPY FARMS AND PET SHOPS) ACT 2017 (NO. 69 OF 2017) - SECT 37

After Part 5A of the Principal Act insert —

" Part 5B—Foster carer registration

        68B     Grant of foster carer registration

On application under section 68C, a Council may register a person to provide foster care on a premises in the municipal district of the Council, if the person provides or intends to provide foster care on that premises.

        68C     Application for foster carer registration

A person who provides or intends to provide foster care on a premises in the municipal district of a Council may apply to that Council for a foster carer registration.

        68D     Renewal of foster carer registration

    (1)     On the expiry of a foster carer registration, the Council may renew the registration.

    (2)     Before a foster carer registration expires, the holder may apply to the Council for renewal of the registration.

    (3)     An application under subsection (2) must be made to the Council at least 60 days before the expiry of the registration.

        68E     Matters to be considered in granting or renewing foster carer registration

The Council must have regard to the following matters in deciding whether or not to grant or renew a foster carer registration—

        (a)     the applicant has failed to comply with any requirement of this Act or regulations made under this Act;

        (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);

        (c)     the applicant is or has been subject to a notice to comply under this Act or a control order under the Prevention of Cruelty to Animals Act 1986 ;

        (d)     the premises on which the applicant is providing or proposes to provide the foster care is on the same rateable property as a registered premises or proposed registered premises of a domestic animal business;

        (e)     the applicant is a proprietor of a domestic animal business (whether in the municipal district of the Council or another municipal district).

        68F     Duration of foster carer registration

A foster carer registration remains in force until 10 April of the year following the granting or renewal of registration.

        68G     Form of application for registration or renewal of registration

An application under section 68C or 68D(2) must—

        (a)     be in the form required by the Council; and

        (b)     include any information required by the Council and any prescribed information; and

        (c)     be accompanied by the fee fixed by the Council.

        68H     Foster carer registration fees

    (1)     A Council may, by resolution, fix fees to be paid for a foster carer registration.

    (2)     If a foster carer registration only applies for part of a year, the Council may permit a pro rata fee to be paid for that registration which represents the proportion of the year for which the registration applies.

        68I     Conditions on foster carer registration

    (1)     A foster carer registration is subject to—

        (a)     any prescribed conditions; and

        (b)     any conditions imposed on the registration by the Council that the Council considers necessary.

    (2)     A registered foster carer must comply with the conditions to which the foster care registration is subject.

Penalty:     5 penalty units.

        68J     Suspension or cancellation of registration

    (1)     The Council may suspend or cancel a foster carer registration if—

        (a)     the holder of the registration is a person to whom a paragraph of section 68E applies; or

        (b)     the holder has failed to comply with a condition of the registration.

    (2)     The Council must notify the registered foster carer of a suspension or cancellation under subsection (1).

    (3)     A suspension or cancellation under subsection (1) comes into effect on the day specified in the notice under subsection (2), which must not be before the day on which the notice is given to the registered foster carer.

    (4)     If a Council suspends a registration—

        (a)     the suspension remains in force for the period specified in the notice under subsection (2); and

        (b)     a foster carer whose registration is suspended is taken not to be registered for the period that the suspension remains in force.

        68K     Notice of and submissions on proposal to suspend, cancel or not renew foster carer registration

    (1)     If the Council proposes to suspend, cancel or not renew a foster carer registration, before doing so the Council must give notice in writing to the holder of the registration stating—

        (a)     the reasons for the proposal; and

        (b)     that, under subsection (2), the holder of the registration may make submissions to the Council on the proposal within the period specified in the notice.

    (2)     The holder of the registration may make written submissions to the Council in relation to the proposal to suspend, cancel or not renew the registration within the period specified in the notice under subsection (1).

    (3)     The Council must consider any submission made under subsection (2), before deciding to suspend, cancel or not renew the registration.".