Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT (PUPPY FARMS AND PET SHOPS) ACT 2017 (NO. 69 OF 2017) - SECT 7

After section 5A of the Principal Act insert —

        " 5B     Approval of dog obedience training organisations

    (1)     For the purposes of this Act the Minister may approve an organisation to provide dog obedience training.

    (2)     The Minister may give an approval under subsection (1) if—

        (a)     the organisation has applied to the Minister in accordance with subsection (4); and

        (b)     the Minister is satisfied that—

              (i)     the organisation is established for the purpose of providing wide representation to the dog obedience training community; and

              (ii)     adequate dog obedience training in the prescribed matters is or will be provided by or on behalf of the organisation; and

              (iii)     the individuals who train or will train the dogs are adequately trained in the prescribed matters.

    (3)     In making a decision to approve an organisation the Minister may consider any information included in or accompanying the application for approval under this section.

    (4)     An application for approval under this section—

        (a)     must include a report containing the prescribed details about the organisation and its activities; and

        (b)     must include any other information required by the Minister; and

        (c)     must be accompanied by the prescribed application fee.

    (5)     An approval under subsection (1) must specify the following—

        (a)     the period for which the approval is to remain in force, which must not exceed 3 years;

        (b)     the matters that must be set out in the report required by the condition in section 5D(b);

        (c)     any condition to which the Minister considers the approval should be subject.

    (6)     An approval under subsection (1) remains in force until the earlier of—

        (a)     the period determined by the Minister; or

        (b)     the revocation of the approval.

        5C     Renewal of approval

    (1)     The holder of a dog obedience training organisation approval or applicable organisation approval may apply to the Minister for renewal of the approval.

    (2)     An application under subsection (1)—

        (a)     must include a report containing the prescribed details about the organisation and its activities; and

        (b)     must include any other information required by the Minister; and

        (c)     must be accompanied by the prescribed application fee.

    (3)     An application under subsection (1) must be made at least 60 days (or any lesser period approved by the Minister) before the expiry of the approval period specified in the approval.

    (4)     The Minister may renew the approval if—

        (a)     in the case of a dog obedience training organisation approval, the Minister continues to be satisfied of the matters set out in section 5B(2)(b); or

        (b)     in the case of an applicable organisation approval, the Minister continues to be satisfied of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

    (5)     In making a decision to renew an approval of an organisation under this section the Minister may consider any information included in or accompanying the application for renewal of approval under this section.

    (6)     The Minister must not renew the approval if the organisation has failed to submit any report as required by the condition in section 5D.

    (7)     A renewed approval under this section must specify the following—

        (a)     the period for which the renewed approval is to remain in force, which must not exceed 3 years;

        (b)     any conditions that apply to the renewed approval;

        (c)     the matters that must be set out in the report required by the condition in section 5D(b).

        5D     Condition of approval that report submitted each year of approval

It is a condition of a dog obedience training organisation approval and an applicable organisation approval that the organisation must submit a report to the Minister by 31 July in each year that sets out—

        (a)     the prescribed matters; and

        (b)     any other matters specified by the Minister in the approval or renewed approval.

        5E     Revocation of approval

The Minister may revoke a dog obedience training organisation approval or an applicable organisation approval if—

        (a)     the organisation has failed to submit a report required by the condition in section 5D; or

        (b)     in the case of a dog obedience training approval, the Minister is not satisfied of any of the matters set out in section 5B(2)(b); or

        (c)     in the case of an applicable organisation approval, the Minister is not satisfied of any of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

        5F     Notice of and submissions on proposal to revoke or not renew approval

    (1)     If the Minister proposes to revoke a dog obedience training organisation approval or an applicable organisation approval, or proposes not to renew such an approval, before doing so the Minister must give notice in writing to the organisation stating—

        (a)     the reasons for the proposal; and

        (b)     that the organisation may make submissions to the Minister on the proposal within the period specified in the notice.

    (2)     The holder of the approval may make written submissions to the Minister in relation to the proposal to revoke or not renew the approval within the period specified in the notice under subsection (1).

    (3)     The Minister must consider any submission made under subsection (2), before deciding to revoke the approval or not to renew the approval.

    (4)     The Minister must give written notice of the Minister's decision under this section to the relevant organisation.

    (5)     A decision by the Minister to revoke an approval under section 5E takes effect on the later of the following—

        (a)     on the day the notice under subsection (4) is given to the relevant organisation;

        (b)     on the date specified in that notice (if any).".