Victorian Numbered Acts Victorian Numbered Acts(1) For the definition of animal shelter in section 3(1) of the Principal Act substitute —
""animal shelter" means any premises maintained for the purpose of providing temporary care or finding new homes for stray, abandoned or unwanted dogs or cats, but does not include premises on which foster care is being provided;".
(2) For the definition of domestic animal business in section 3(1) of the Principal Act substitute —
""domestic animal business" means—
(a) an animal shelter, Council pound or pet shop; or
(b) an enterprise which carries out the breeding of dogs (other than GRV greyhounds) to sell, if the enterprise has 3 or more fertile female dogs and the proprietor is not a recreational breeder; or
(c) an enterprise which carries out the breeding of cats to sell, if the enterprise has 3 or more fertile female cats and the proprietor is not a recreational breeder; or
(d) an enterprise which trains or boards dogs (other than GRV greyhounds) or cats for the purpose of profit; or
(e) an enterprise which rears or keeps dogs (other than GRV greyhounds) or cats—
(i) for the purpose of profit or sale; or
(ii) for a fee or for exchange of services;".
(3) Insert the following definitions in section 3(1) of the Principal Act—
""Council authorised officer" means a person appointed as an authorised officer under section 72;
"Council contracted authorised officer" means a person appointed as an authorised officer under section 72A;
"Departmental authorised officer" means a person appointed as an authorised officer under section 71;
"farm working dog" means a dog that herds, droves, protects, tends or works stock on land used solely or primarily for primary production;
"farmer" means a person engaged in primary production whose primary source of income is from that primary production;
"foster care" means the care of a stray, abandoned or unwanted dog or cat (whether or not as part of a community foster care network) that is temporary or for the purpose of finding a new home for the dog or cat and that takes place on premises on which the care is being provided to no more than—
(a) 5 dogs or animal adult equivalent dogs; or
(b) 5 cats or animal adult equivalent cats; or
(c) a combination of 5 dogs and cats or animal adult equivalent dogs and cats;
"foster carer registration" means a registration under section 68B, including a registration that is renewed under section 68D;
"microbreeder" means—
(a) a person who carries out the breeding of dogs to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female dogs; or
(b) a person who carries out the breeding of cats to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female cats;
"primary production" means the maintenance of animals or poultry for the purpose of selling them or their natural increase or bodily produce;
"rateable property" has the same meaning as in section 3 of the Local Government Act 1989 ;
"recreational breeder" means—
(a) a person who carries out the breeding of dogs to sell, who is a member of an applicable organisation, if the person has no more than 10 fertile female dogs; or
(b) a person who carries out the breeding of cats to sell, who is a member of an applicable organisation, if the person has no more than 10 fertile female cats;
"registered foster carer" means a person who holds a foster carer registration;
"relevant fertile female dog" means a female dog, 12 months of age or more, that has not been rendered permanently infertile;
"restricted authorised officer" means a person appointed as an authorised officer under section 71A;".
(4) Insert the following definitions in section 3(1) of the Principal Act—
""animal sale permit" means an animal sale permit issued under section 58N(1);
"caged bird sale" means an event conducted over a day or days at which caged birds are sold;
"declared bird organisation" means an organisation that is declared to be a declared bird organisation under section 58T;".
(5) Insert the following definitions in section 3(1) of the Principal Act—
""approved dog obedience training organisation" means an organisation that holds a dog obedience training organisation approval;
"dog obedience training organisation approval" means an approval under section 5B(1), including an approval that is renewed under section 5C;".
(6) In the definition of Department in section 3(1) of the Principal Act, for "Environment and Primary Industries" substitute "Economic Development, Jobs, Transport and Resources".
(7) In the definition of breeding domestic animal business in section 3(1) of the Principal Act, after "paragraph (b)" insert "or (c)".
(8) For the definition of applicable organisation in section 3(1) of the Principal Act substitute —
""applicable organisation" means an organisation that is the holder of an applicable organisation approval;".
(9) Insert the following definitions in section 3(1) of the Principal Act—
""applicable organisation approval" means an approval under section 5A(1), including an approval that is renewed under section 5C;
"approved commercial dog breeder" means a person who has a commercial dog breeder approval;
"chief veterinary officer" has the same meaning as in the Meat Industry Act 1993 ;
"commercial dog breeder approval" means an approval under section 58AA;
"relevant Council", in relation to a domestic animal business, means the Council of the municipal district in which the premises is situated on which the domestic animal business is being or is proposed to be conducted;".
(10) After section 3(4) of the Principal Act insert —
"(5) In this Act—
(a) a fertile female dog or cat and the litter of that dog or cat are taken as one animal adult equivalent if the offspring in the litter are with the dog or cat and are under 8 weeks old; and
(b) the offspring in a dog's or cat's litter are taken as one animal adult equivalent if the offspring are not with the dog or cat and are under 16 weeks old.
(6) For the purpose of paragraph (b) of the definition of domestic animal business , a farmer is not to be taken to be conducting a domestic animal business in respect of any fertile female dog that the farmer has that—
(a) is primarily being kept or worked by the farmer as a farm working dog; or
(b) is primarily being trained to be a farm working dog by the farmer.".