Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 Part 2—Licence fees 3 5 Fees for a scientific procedures premises licence 3 6 Fees for a scientific procedures field work licence 3 7 Specified animals breeding licence 5 Part 3—Fees for compliance reports 7 8 Regulation 109A inserted 7 9 New Schedule 7 inserted 8 Part 4—Statute law revision 10 10 Statute law revision 10 ═══════════════ Endnotes 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 127/2016 Prevention of Cruelty to Animals Act 1986 Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 The Governor in Council makes the following Regulations: Dated: 18 October 2016 Responsible Minister: JAALA PULFORD Minister for Agriculture ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objective The objective of these Regulations is to amend the Prevention of Cruelty to Animals Regulations 2008— (a) to amend the fees for the grant and renewal of scientific procedures premises licences, scientific procedures field work licences and specified animals breeding licences; and (b) to prescribe fees for compliance reports. 2 Authorising provision These Regulations are made under section 42 of the Prevention of Cruelty to Animals Act 1986. -- 2 of 12 -- Part 1—Preliminary Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 2 3 Commencement (1) These Regulations (except Part 2) come into operation on 24 October 2016. (2) Part 2 of these Regulations comes into operation on 1 July 2017. 4 Principal Regulations In these Regulations, the Prevention of Cruelty to Animals Regulations 20081 are called the Principal Regulations. -- 3 of 12 -- Part 2—Licence fees Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 3 Part 2—Licence fees 5 Fees for a scientific procedures premises licence (1) In regulation 107(1) and (2) of the Principal Regulations omit ", for each year or part of a year". (2) For regulation 107(1)(d) of the Principal Regulations substitute— "(d) for a licence granted for any other purpose— (i) for a period of one year—38·4 fee units; (ii) for a period of 2 years—60·9 fee units; (iii) for a period of 3 years—83·4 fee units; (iv) for a period of 4 years—105·9 fee units.". (3) For regulation 107(2)(d) of the Principal Regulations substitute— "(d) for a licence granted for any other purpose— (i) for a period of one year—32·4 fee units; (ii) for a period of 2 years—54·5 fee units; (iii) for a period of 3 years—76·5 fee units; (iv) for a period of 4 years—98·6 fee units.". 6 Fees for a scientific procedures field work licence (1) In regulation 108(1) and (2) of the Principal Regulations omit ", for each year or part of a year". -- 4 of 12 -- Part 2—Licence fees Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 4 (2) For regulation 108(1)(d) of the Principal Regulations substitute— "(d) for a licence granted for any other purpose and for which an Animal Ethics Committee located in Victoria has been nominated and an Animal Ethics Committee located in another State or Territory has not also been nominated— (i) for a period of one year—32·2 fee units; (ii) for a period of 2 years—51 fee units; (iii) for a period of 3 years—69·9 fee units; (iv) for a period of 4 years—88·8 fee units; (e) for a licence granted for any other purpose and for which an Animal Ethics Committee that is located in another State or Territory has been nominated, regardless of whether or not an Animal Ethics Committee located in Victoria has also been nominated— (i) for a period of one year—37·3 fee units; (ii) for a period of 2 years—53·1 fee units; (iii) for a period of 3 years—68·8 fee units; (iv) for a period of 4 years—84·6 fee units.". (3) For regulation 108(2)(d) of the Principal Regulations substitute— "(d) for a licence granted for any other purpose and for which an Animal Ethics Committee located in Victoria has been nominated and an Animal Ethics Committee located in another State or Territory has not also been nominated— -- 5 of 12 -- Part 2—Licence fees Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 5 (i) for a period of one year—27·5 fee units; (ii) for a period of 2 years—45·9 fee units; (iii) for a period of 3 years—64·2 fee units; (iv) for a period of 4 years—82·6 fee units; (e) for a licence granted for any other purpose and for which an Animal Ethics Committee that is located in another State or Territory has been nominated, regardless of whether or not an Animal Ethics Committee located in Victoria has also been nominated— (i) for a period of one year—26·4 fee units; (ii) for a period of 2 years—41·8 fee units; (iii) for a period of 3 years—57·1 fee units; (iv) for a period of 4 years—72·4 fee units.". 7 Specified animals breeding licence For regulation 109 of the Principal Regulations substitute— "109 Fees for a specified animals breeding licence (1) For the purposes of section 32F(2)(b) of the Act, the prescribed fee for the grant of a specified animals breeding licence is— (a) for a period of one year—35·1 fee units; (b) for a period of 2 years—54·6 fee units; (c) for a period of 3 years—74 fee units; (d) for a period of 4 years—93·4 fee units. -- 6 of 12 -- Part 2—Licence fees Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 6 (2) For the purposes of section 32J(2)(b) of the Act, the prescribed fee for the renewal of a specified animal breeding licence is— (a) for a period of one year—29·5 fee units; (b) for a period of 2 years—48·4 fee units; (c) for a period of 3 years—67·4 fee units; (d) for a period of 4 years—86·4 fee units.". -- 7 of 12 -- Part 3—Fees for compliance reports Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 7 Part 3—Fees for compliance reports 8 Regulation 109A inserted After regulation 109 of the Principal Regulations insert— "109A Prescribed manner for determining fees for entry and search and compliance reports For the purposes of section 36U(2) of the Act, a fee imposed on a licence holder under section 36U(1) is to be determined in accordance with the following formula— ( ) ( ) 1 1 2 2 H R + H R × × where— H1 is the number of hours, rounded to the nearest quarter of an hour, spent by or on behalf of the Department in carrying out one or more administrative activities in Part 1 of Schedule 7 to prepare a compliance report; R1 is 5·6 fee units; H2 is the number of hours, rounded to the nearest quarter of an hour, spent by or on behalf of the Department in carrying out one or more compliance monitoring activities in Part 2 of Schedule 7 to prepare the compliance report; R2 is 10 fee units.". -- 8 of 12 -- Part 3—Fees for compliance reports Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 8 9 New Schedule 7 inserted After Schedule 6 to the Principal Regulations insert— "Schedule 7 Regulation 109A Part 1—Activities for preparation of a compliance report Item No. Column 1 Activity 1 Communicating with the holder of a licence under Part 3 of the Act or representatives of the licence holder to carry out compliance monitoring activities 2 Allocating and administering an authorised officer for the carrying out of compliance monitoring activities and preparation of a compliance report 3 Preparing a brief for the carrying out of compliance monitoring activities 4 Distributing a compliance report to an advisory panel or the licence holder 5 Issuing an invoice to the licence holder for the carrying out of compliance monitoring activities and preparation of a compliance report Part 2—Compliance monitoring activities for the purpose of preparing a compliance report Item No. Column 1 Compliance monitoring activity 1 Conducting a risk assessment to determine the activities required to assess compliance 2 Carrying out an entry and search of premises under section 36A of the Act 3 Travel from and to the office of the Department to carry out an entry and search -- 9 of 12 -- Part 3—Fees for compliance reports Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 9 Item No. Column 1 Compliance monitoring activity 4 Examining and testing any samples taken in the course of an entry and search 5 Conducting an interview with any person who engages in licenced activities under Part 3 of the Act or who maintains premises to which a licence applies 6 Reviewing documentation of a licence holder 7 Attending a meeting of an Animal Ethics Committee 8 Writing a compliance report 9 Review of a draft compliance report by an advisory panel or the Department Head ". -- 10 of 12 -- Part 4—Statute law revision Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 10 Part 4—Statute law revision 10 Statute law revision In regulation 5 of the Principal Regulations, the definition of Animal Ethics Committee is revoked. ═══════════════ -- 11 of 12 -- Endnotes Prevention of Cruelty to Animals Amendment (Fees) Regulations 2016 S.R. No. 127/2016 Authorised by the Chief Parliamentary Counsel 11 Endnotes 1 Reg. 4: S.R. No. 162/2008 as amended by S.R. Nos 157/2011, 37/2013, 135/2014 and 184/2014. —— Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2016 is $13.94. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. -- 12 of 12 --