Animals Legislation (Animals Welfare) Act 2003

Victorian Legislation and Parliamentary Documents i Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 3 PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 4 3. Amendment of definitions 4 4. Amendment of registration requirements 6 5. Use of prescribed permanent identification devices 6 6. Insertion of new section 28A 6 28A. Offence to train dogs to attack 6 7. Substitution of section 38 7 38. Restraint of dangerous dogs when on owner's premises 7 8. Substitution of section 41G 8 41G. Restraint of restricted breed dogs when on owner's premises 8 9. Insertion of new Part 4A 9 PART 4A—REGULATION OF THE PERMANENT IDENTIFICATION OF DOGS AND CATS 9 Division 1—General 9 63B. Definition 9 Division 2—Offences 10 63C. Offence to offer or provide domestic animals registry service without a licence 10 63D. Offence to sell etc. device that is not prescribed device 10 63E. Offences relating to keeping of records 10 63F. Offences relating to the implantation of permanent identification devices 11 63G. Offence not to give information to licence holder on implantation 11 63H. Offence to provide identifying information in certain circumstances 11 -- 1 of 90 -- Victorian Legislation and Parliamentary Documents Section Page ii 63I. Offence not to provide certain information relating to identification devices to holders of domestic animals registry licences 13 63J. Requirement to scan dogs or cats for permanent identification devices 14 Division 3—Domestic Animals Registry Licences 14 63K. Grant of domestic animals registry licence 14 63L. Application for a domestic animals registry licence 14 63M. Duration of licences 15 63N. Conditions on licences 15 63O. Renewal of licences 16 63P. Notice of proposal to cancel a domestic animals registry licence 16 63Q. Making of submissions on proposal to cancel 17 63R. Cancellation of a domestic animals registry licence 17 63S. Requirements to surrender records 18 Division 4—Regulation of Implanters 19 63T. Qualifications for implanters 19 63U. Notice of proposal to impose prohibition on implanting 19 63V. Making of submissions on the proposal 20 63W. Power of the Secretary to prohibit a person from implanting devices 20 63X. Removal of prohibition before expiry 21 Division 5—Transitional matters 22 63Y. Devices implanted before 20 May 2003 22 63Z. Requirements to keep and maintain records held before commencement of Part 22 10. Insertion of new section 71A 23 71A. Appointment of persons who are not employees of the Department as authorised officers 23 11. Substitution of section 72 23 72. Appointment of authorised officers by Council 23 72A. Appointment of persons who are not Council employees as authorised officers 24 12. Contents of authorised officers' identity cards 24 13. Powers of authorised officers appointed by the Minister 25 14. Insertion of new section 74A 26 74A. Powers of authorised officers contracted by Councils 26 15. Insertion of new section 75A 27 75A. Seizure of records of information recorded in permanent identification devices 27 75B. Disposal of records seized under section 75A 27 75C. Application of proceeds of sale 28 -- 2 of 90 -- Victorian Legislation and Parliamentary Documents Section Page iii 16. Offence not to give name and address to authorised officer 29 17. Insertion of new section 77AA 29 77AA. Definition 29 18. Identification through implanted device 29 19. Identified cats not to be destroyed 30 20. Powers to serve infringement notices 30 21. Withdrawal of infringement notice 30 22. Power to file charges 31 23. Instrument of appointment as evidence 31 24. Insertion of new Division in Part 7 31 Division 4A—Further Procedures for Dogs and Cats Found at Large 31 95A. Power of the court to make orders in relation to dogs and cats found outside owners' premises 31 95B. Powers and duties of Council if order not complied with 32 95C. Owner to be notified 32 95D. Further power of Court to order payment of costs and destruction of dogs or cats 33 25. Insertion of new section 98AA 34 98AA. Review of decisions made under Part 4A 34 26. Power of authorised officers to make declarations as to restricted breed dogs 35 27. Regulation making powers 35 28. Fees for dogs and cats implanted with prescribed permanent identification devices 37 PART 3—AMENDMENTS TO THE MEAT INDUSTRY ACT 1993 AND THE OMBUDSMAN ACT 1973 38 29. Amendments to Meat Industry Act 1993 38 30. Amendments to Ombudsman Act 1973 38 PART 4—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 40 31. Definitions 40 32. Application of Act 42 33. Codes of Practice 42 34. Definitions in Part 2 43 35. Baiting and luring 43 36. Insertion of new section 23A 43 23A. Offence to fail to provide name and address 43 23B. Inspectors must identify themselves 45 -- 3 of 90 -- Victorian Legislation and Parliamentary Documents Section Page iv 37. Substitution of sections 25 to 32 45 Division 1—Preliminary 45 25. Definitions 45 Division 2—Offences 46 26. Offences relating to scientific procedures carried out at scientific premises 46 27. Offences relating to scientific procedures carried out outside scientific premises 47 28. Offences relating to breeding of specified animals for use in scientific procedures 49 Division 3—Scientific Procedures Premises Licences 50 29. Grant of a scientific procedures premises licence 50 30. Application for a scientific procedures licence 50 31. Duration of scientific procedures premises licences 51 32. Conditions on scientific procedures premises licences 51 Division 4—Scientific Procedures Field Work Licences 52 32A. Grant of a scientific procedures field work licence 52 32B. Application for a scientific procedures field work licence 52 32C. Duration of scientific procedures field work licences 52 32D. Conditions on scientific procedures field work licences 53 Division 5—Specified Animals Breeding Licences 54 32E. Grant of a specified animals breeding licence 54 32F. Application for a specified animals breeding licence 54 32G. Duration of specified animals breeding licence 54 32H. Conditions on specified animals breeding licence 55 Division 6—General Licensing Provisions 55 32I. Power of Department Head to renew licences 55 32J. Application to renew a licence 55 32K. Power of the Department Head to vary licences 56 32L. Variation of licence on the motion of the Department Head 56 32M. Application to vary a licence 57 32N. Suspension of licence and notice of proposal to cancel 57 32O. Making of submissions on suspension 58 32P. Power of the Department Head to cancel a licence 59 32Q. Notice of Department Head's decision 59 32R. Coming into effect of cancellation 60 Division 7—Miscellaneous 60 -- 4 of 90 -- Victorian Legislation and Parliamentary Documents Section Page v 38. Review by VCAT 60 39. Alteration of references to scientific establishments 60 40. Authorised officers powers 61 41. Offences 61 42. Insertion of new Part 3A 61 PART 3A—INFRINGEMENT NOTICES 61 37A. Power to serve a notice 61 37B. Form of notice 62 37C. Late payment of penalty 63 37D. Withdrawal of notice 64 37E. Payment expiates offence 64 37F. Application of penalty 65 37G. Prosecution after service of infringement notice 65 37H. Enforcement of infringement penalty 66 43. Insertion of new section to follow section 41 66 41A. Council employees etc. not subject to offence for giving information 66 44. Amendment of regulation making powers 67 PART 5—AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997 70 45. Amendment of definitions 70 46. Grounds for refusal of registration 70 47. Insertion of new section 7A 71 7A. Non-practising registration 71 48. Endorsement of registration as a specialist practitioner 72 49. Particulars on the Register 72 50. Substitution of section 20 72 20. Complaints about the conduct of registered veterinary practitioners 72 51. Duty of Board to investigate complaints 73 52. Recommendations of Board on preliminary investigation 73 53. Substitution of section 23 73 23. Power of Board to institute a hearing into professional conduct 73 54. Commencement of preliminary investigation 73 55. Examination as to health of veterinary practitioner 74 56. Report of examination 75 57. Revocation of suspension or conditions etc. on registration 75 58. Establishment and notification of informal hearing 75 59. Appointment of non Board members to Panel 76 60. Findings and determinations of an informal hearing 76 61. Appointment of non Board members to panel 77 -- 5 of 90 -- Victorian Legislation and Parliamentary Documents Section Page vi 62. Insertion of new sections 43A and 43B 78 43A. Preliminary conferences 78 43B. Requirements as to attendance at preliminary conference 79 63. Findings and determinations of a formal hearing into conduct 79 64. Findings and determinations of a formal hearing into ability to practise 80 65. Notifications by Board 81 66. Insertion of new section 58A 82 58A. Offence to direct or incite unprofessional conduct 82 67. Further amendments to the Veterinary Practice Act 1997 82 __________________ SCHEDULE—Consequential Amendments to the Veterinary Practice Act 1997 83 ═══════════════ ENDNOTES 84 -- 6 of 90 -- Victorian Legislation and Parliamentary Documents 1 Animals Legislation (Animal Welfare) Act 2003† [Assented to 9 December 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are to— (a) amend the Domestic (Feral and Nuisance) Animals Act 1994— (i) to make further provision in relation to the permanent identification of domestic animals; and Victoria No. 103 of 2003 -- 7 of 90 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 2 (ii) to make further provision in relation to domestic animals found outside the owner's premises; and (iii) to make further provision in relation to the powers of authorised officers; and (iv) to make other amendments to that Act; and (b) to amend the Meat Industry Act 1993 to make further provision in relation to the slaughter of certain animals for human consumption; and (c) to amend the Ombudsman Act 1973 to provide for the monitoring of certain inspectors approved under the Prevention of Cruelty to Animals Act 1986 and certain authorised officers appointed under the Domestic (Feral and Nuisance) Animals Act 1994; and (d) to amend the Prevention of Cruelty to Animals Act 1986— (i) to make further provision in relation to the powers of authorised officers; and (ii) to make further provision in relation to the regulation of the carrying out of scientific procedures and the breeding of certain animals for use in scientific procedures; and (iii) to make other amendments to that Act; and (e) to amend the Veterinary Practice Act 1997— (i) to make provision for the registration of non-practising veterinary practitioners; and s. 1 -- 8 of 90 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 3 (ii) to make further provision relating to investigations into registered veterinary practitioners; and (iii) to provide for an offence of directing or inciting unprofessional conduct; and (iv) to make other amendments to that Act. 2. Commencement (1) This Part and sections 4, 6, 7, 8, 24, 29, 30(1) and (3), 34, 35, 36, 42, 43, 44(2) and (3), 45 to 58, 60 and 62 to 67 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision of this Act does not come into operation before 1 December 2005, it comes into operation on that day. __________________ s. 2 -- 9 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 4 PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 3. Amendment of definitions In section 3(1) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) insert the following definitions— ' "authorised implanter" means a person— (a) who is qualified in accordance with section 63T; and (b) who is not a prohibited implanter; "domestic animals registry licence" means a licence granted under section 63K; "domestic animals registry service" means a service of keeping and maintaining records relating to dogs or cats that, in relation to each dog or cat about whom records are kept and maintained— (a) contain identifying information about the dog or cat and the owner of the dog or cat; and (b) are referenced to the dog or cat through information contained in a permanent identification device implanted in the dog or cat; and (c) are not records maintained by a Council for the purposes of registration under Part 2; "implant" includes insert; "permanent identification device" means a microchip or other electronic device that is capable of being permanently implanted in a dog or cat and that is s. 3 See: Act No. 81/1994. Reprint No. 2 as at 1 November 2002 and amending Act No. 56/2003. LawToday: www.dms. dpc.vic. gov.au -- 10 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 5 designed to record information in a manner that can be electronically retrieved; "prescribed identifying information" in relation to a dog or cat, means information about the dog or cat and the owner (within the meaning of Part 4A) of the dog or cat the nature of which is prescribed; "prescribed permanent identification device" means a permanent identification device that is of a class of permanent identification devices that is prescribed by the regulations; "prohibited implanter" means a person who is prohibited by the Secretary from implanting permanent identification devices in dogs and cats under Division 4 of Part 4A; "Secretary" means the person who is, for the time being, the Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department; "veterinary practitioner" means a veterinary practitioner registered under the Veterinary Practice Act 1997.'; (b) for the definition of "authorised officer" substitute— "authorised officer" means a person appointed as an authorised officer under section 71, 71A, 72 or 72A;". s. 3 -- 11 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 6 4. Amendment of registration requirements In section 10(3) of the Domestic (Feral and Nuisance) Animals Act 1994, omit "or (2)". 5. Use of prescribed permanent identification devices In section 19(2) of the Domestic (Feral and Nuisance) Animals Act 1994, for "that the dog is permanently identified in the manner prescribed by the regulations" substitute "that the dog is implanted with a prescribed permanent identification device". 6. Insertion of new section 28A After section 28 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "28A. Offence to train dogs to attack A person must not train a dog to attack, bite, rush at, chase or in any way menace persons, animals or anything worn by persons, unless the dog is so trained— (a) in the course of conducting a domestic animal business on premises that is registered under Part 4, if training of such a nature is authorised under that registration; and (b) that person— (i) is conducting; or (ii) is employed by a person who is conducting— a domestic animal business on premises that is registered under Part 4. Penalty: 60 penalty units or imprisonment for 3 months.". s. 4 -- 12 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 7 7. Substitution of section 38 For section 38 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— '38. Restraint of dangerous dogs when on owner's premises (1) When a dangerous dog is kept on residential premises of the owner of the dog, the owner must ensure that— (a) if the dog is inside any dwelling on the premises, it is confined in such a manner— (i) that it cannot escape; and (ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 17 years of age; and (b) there is on the premises, outside any dwelling, a prescribed enclosure; and (c) when the dog is not inside any dwelling on the premises, the dog is kept in a prescribed enclosure. Penalty: For a first offence, 5 penalty units. For a second or subsequent offence, 10 penalty units. (2) When a dangerous dog is kept on non- residential premises of the owner, the owner must ensure that— (a) when the dog is guarding the premises, it is kept inside perimeter fencing that complies with the prescribed requirements; and s. 7 -- 13 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 8 (b) in any other case, that the dog is kept in a prescribed enclosure. Penalty: For a first offence, 5 penalty units. For a second or subsequent offence, 10 penalty units. (3) In this section "prescribed enclosure" means an enclosure— (a) from which a dog cannot escape; and (b) that is constructed in such a manner that a person cannot have access to it without the assistance of an occupier of the premises who is of or over 17 years of age; and (c) that complies with the regulations.'. 8. Substitution of section 41G For section 41G of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— '41G. Restraint of restricted breed dogs when on owner's premises (1) When a restricted breed dog is on the premises of the owner of the dog the owner must ensure that— (a) if the dog is inside any dwelling on the premises, it is confined in such a manner— (i) that it cannot escape; and (ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 17 years of age; and (b) that there is on the premises, outside any dwelling, a prescribed enclosure; and s. 8 -- 14 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 9 (c) when the dog is not inside any dwelling on the premises, the dog is kept in a prescribed enclosure. Penalty: For a first offence, 5 penalty units. For a second or subsequent offence, 10 penalty units. (2) In this section "prescribed enclosure" has the same meaning as in section 38.'. 9. Insertion of new Part 4A After Part 4 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— 'PART 4A—REGULATION OF THE PERMANENT IDENTIFICATION OF DOGS AND CATS Division 1—General 63B. Definition In this Part— "owner", in relation to a dog or cat, means the person who has applied for registration or renewal of registration of the dog or cat under section 10, or, if the dog or cat is not registered under section 10, the person who has legal ownership of the dog or cat. s. 9 -- 15 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 10 Division 2—Offences 63C. Offence to offer or provide domestic animals registry service without a licence A person must not offer or provide a domestic animals registry service unless that person is the holder of a domestic animals registry licence. Penalty: 60 penalty units. 63D. Offence to sell etc. device that is not prescribed device A person must not sell, supply or implant a permanent identification device that is not a prescribed permanent identification device. Penalty: 20 penalty units. 63E. Offences relating to keeping of records The holder of a domestic animals registry licence must— (a) in relation to each dog or cat in respect of which the licence holder is providing the domestic animals registry service, keep and maintain, in the records relating to that dog or cat, the prescribed identifying information in the manner prescribed; and (b) keep and maintain copies of all such records in the manner prescribed. Penalty: 120 penalty units. s. 9 -- 16 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 11 63F. Offences relating to the implantation of permanent identification devices A person must not implant a permanent identification device in a dog or cat unless— (a) the person is an authorised implanter; and (b) if the person is not a veterinary practitioner, the person is— (i) acting under the supervision of a veterinary practitioner who employs that person and who is an authorised implanter; or (ii) acting under supervision of a veterinary practitioner who is an authorised implanter and who has agreed in writing to supervise the person. Penalty: 10 penalty units. 63G. Offence not to give information to licence holder on implantation A person who has implanted a permanent identification device in a dog or cat must, within two days of doing so, give the prescribed identifying information to the holder of a domestic animals registry licence who, the implanter reasonably believes, has agreed to provide a domestic animals registry service to the owner. Penalty: 5 penalty units. 63H. Offence to provide identifying information in certain circumstances (1) A person who has implanted a permanent identification device in a dog or cat must not provide any of the prescribed identifying s. 9 -- 17 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 12 information that forms part of the domestic animals registry service for that dog or cat to any person unless— (a) the person is— (i) an employee of the implanter; or (ii) the holder of the domestic animals registry licence who is to provide the service or an employee of the holder; or (iii) the owner of the dog or cat; or (iv) the Secretary or a person employed in the Department in the administration of this Act; or (v) an authorised officer; or (vi) a Council or a person engaged or employed by a Council in the administration of this Act; or (vii) any other person approved by the Secretary; or (b) the owner has consented to the provision of the information for the purposes of reuniting the owner with the animal. Penalty: 10 penalty units. (2) The holder of a domestic animals registry licence must not provide any of the prescribed identifying information that forms part of the domestic animals registry service for that dog or cat to any person unless— (a) the person is— (i) an authorised implanter or an employee of an authorised implanter; or s. 9 -- 18 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 13 (ii) the owner of the dog or cat; or (iii) the Secretary or a person employed in the Department in the administration of this Act; or (iv) an authorised officer; or (v) a Council or a person engaged or employed by a Council in the administration of this Act; or (vi) any other person approved by the Secretary; or (b) the owner has consented to the provision of the information for the purposes of reuniting the owner with the animal. Penalty: 10 penalty units. 63I. Offence not to provide certain information relating to identification devices to holders of domestic animals registry licences (1) A person must not sell or supply a permanent identification device unless the seller has provided to each of those persons who, the seller reasonably believes, are the holders of domestic animals registry licences— (a) any of the prescribed information to identify the device that is in the possession or control of the seller, in the prescribed manner and format; and (b) the name and address of the person to whom the device has been sold or supplied. Penalty: 20 penalty units. s. 9 -- 19 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 14 (2) Sub-section (1) does not apply to a seller if the seller reasonably believes that the information in the seller's possession or control has already been so provided or is to be so provided by another person. (3) In this section, "seller" means a person who is selling or supplying a permanent identification device. 63J. Requirement to scan dogs or cats for permanent identification devices (1) A person who conducts an animal shelter or pound must scan a dog or cat who enters that shelter or pound, within 3 days of its entry, to determine whether or not the dog or cat is implanted with a permanent identification device. Penalty: 20 penalty units. (2) In this section "scan" means to scan in a manner that enables permanent identification devices to be detected. Division 3—Domestic Animals Registry Licences 63K. Grant of domestic animals registry licence The Secretary may licence a person to offer or provide a domestic animals registry service. 63L. Application for a domestic animals registry licence (1) A person may apply to the Secretary for the grant of a domestic animals registry licence. s. 9 -- 20 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 15 (2) An application under sub-section (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant must give the Secretary any further information relating to the application that the Secretary requests. 63M. Duration of licences (1) A domestic animals registry licence remains in force for the period of years that is specified in the licence, which must not be more than 3 years from the issue or renewal of the licence. (2) A domestic animals registry licence expires on 30 June in the year that it ceases to have force. 63N. Conditions on licences (1) A domestic animals registry licence is subject to any conditions— (a) that are prescribed; and (b) that the Secretary imposes on the licence. (2) A licence holder must comply with the conditions to which the licence is subject. Penalty: 60 penalty units in the case of a natural person. 120 penalty units, in the case of a body corporate. s. 9 -- 21 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 16 63O. Renewal of licences (1) On the expiration of a domestic animals registry licence, the Secretary may renew the licence. (2) Before a domestic animals registry licence expires, the holder may apply to the Secretary for the renewal of the licence. (3) An application under sub-section (2)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (4) An applicant under this section must give to the Secretary any further information relating to the application that the Secretary requests. (5) A domestic animals registry licence in respect of which an application is made under this section, is deemed to continue in force, after the expiry of the licence period, until the Secretary makes a decision in relation to the application. 63P. Notice of proposal to cancel a domestic animals registry licence (1) If the Secretary is satisfied that there may be grounds for cancelling a domestic animals registry licence under section 63R, the Secretary must serve notice that he or she proposes to cancel the licence on the licence holder either personally or by post. (2) A notice under sub-section (1) must— (a) state that the Secretary is satisfied that there are grounds for the cancellation of the licence; and s. 9 -- 22 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 17 (b) set out those grounds; and (c) set out the time within which written submissions on the proposed cancellation of the licence must be made to the Secretary. 63Q. Making of submissions on proposal to cancel (1) The holder of a domestic animals registry licence who has been given a notice under section 63P may make written submissions on the proposal to cancel the licence. (2) Submissions made under sub-section (1) must be made within the time fixed by the Secretary under section 63P(2)(c). 63R. Cancellation of a domestic animals registry licence (1) If, after considering any submissions made within the time fixed for making submissions under section 63P(2)(c), the Secretary is satisfied that— (a) in the case of a licence holder who is a natural person, the licence holder is not a fit and proper person to hold a domestic animals registry licence; or (b) in the case of a licence holder who is a body corporate, any director or officer of the body corporate who does or may exercise control over the service that is the subject of the licence is not a fit and proper person to be a director or officer of the holder of a domestic animals registry licence; or s. 9 -- 23 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 18 (c) that the licence holder has failed to comply with a condition of the licence; or (d) the licence holder has been found guilty of an offence against this Act or the regulations— the Secretary may— (e) cancel the licence; or (f) require the licence holder to take the action specified by the Secretary. (2) The Secretary must give notice to the licence holder of his or her decision under sub- section (1) and set out reasons for that decision in the notice. (3) A notice under sub-section (2) must be served on the licence holder within 28 days after the expiry of the date for the making of submissions under section 63P(2)(c). (4) Cancellation of a domestic animals registry licence by the Secretary has effect from the date at which notice of the cancellation is served on the licence holder. 63S. Requirements to surrender records If the Secretary has cancelled a domestic animals registry licence, the holder of the licence must, within 5 days after the cancellation of the licence takes effect under section 63R(4), surrender and forfeit to the Secretary all records kept or maintained for the purposes of the domestic animals registry service provided by the licence holder. s. 9 -- 24 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 19 Division 4—Regulation of Implanters 63T. Qualifications for implanters (1) A person is qualified to implant domestic animals identification devices if— (a) in the case of a person who is a veterinary practitioner, the practitioner has completed a course on the implantation of permanent identification devices approved by the Secretary; or (b) in any other case, the person has a qualification approved by the Secretary and has completed a course on the implantation of permanent identification devices approved by the Secretary. (2) An approval of a course or qualification by the Secretary under sub-section (1) must be published in the Government Gazette. 63U. Notice of proposal to impose prohibition on implanting (1) If the Secretary reasonably believes that there may be grounds to prohibit a person from implanting permanent identification devices in dogs and cats, the Secretary must serve notice on that person that the Secretary proposes to so prohibit that person. (2) The Secretary must serve a notice under sub- section (1) either personally or by post addressed to the person at the last known place of address of the person. s. 9 -- 25 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 20 (3) A notice under sub-section (1) must— (a) state that the Secretary is satisfied that there are grounds for the imposition of the prohibition; and (b) set out those grounds; and (c) set out the time within which written submissions on the proposal to prohibit the person must be made to the Secretary. 63V. Making of submissions on the proposal (1) A person on whom a notice has been served under section 63U may make written submissions on the proposal to the Secretary. (2) Submissions made under sub-section (1) must be made within the time fixed by the Secretary under section 63U(3)(c). 63W. Power of the Secretary to prohibit a person from implanting devices (1) If, after considering any submissions made within the time fixed for making submissions under section 63U(3)(c), the Secretary is satisfied that the person upon whom the notice has been served— (a) has failed to comply with this Act or regulations made under this Act; or (b) has knowingly submitted false information to the holder of a domestic animals registry licence or the Secretary— the Secretary may— (c) prohibit the person from implanting permanent identification devices in dogs and cats; and s. 9 -- 26 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 21 (d) determine conditions that the person must comply with before the expiry of the prohibition. (2) In making a decision under sub-section (1) the Secretary must specify— (a) the time for which the prohibition remains in force; and (b) the conditions (if any) that the person must comply with before the expiry of the prohibition. (3) The Secretary must give notice to the person to whom the prohibition applies of his or her decision under sub-section (1) and set out reasons for that decision in the notice. (4) A notice under sub-section (3) must be served on the person to whom the prohibition applies within 28 days after the expiry of the date for the making of submissions under section 63U(3)(c). (5) A prohibition under sub-section (1) has effect from the date at which notice of the prohibition is served on the person to whom it applies. 63X. Removal of prohibition before expiry (1) If the Secretary has determined conditions that a person must comply with under section 63W(1), and the Secretary is satisfied that those conditions have been complied with before the expiry of the period specified under section 63W(2)(a), the Secretary may determine that the prohibition is to cease to have effect before that expiry. s. 9 -- 27 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 22 (2) The Secretary must give written notice of a determination under sub-section (1) to the person to whom the prohibition applies and must specify in the notice the date on which the prohibition ceases to have effect. Division 5—Transitional matters 63Y. Devices implanted before 20 May 2003 If a dog or a cat has been implanted with a permanent identification device before 20 May 2003, that dog or cat is deemed to have been implanted with a prescribed permanent identification device. 63Z. Requirements to keep and maintain records held before commencement of Part The holder of a domestic animals registry licence must, in relation to any record of identifying information kept and maintained in respect of a dog or cat by the holder as part of a service in the nature of a domestic animals registry service provided by the holder immediately before the commencement of this Part— (a) continue, on and after the commencement of this Part, to keep and maintain all such records in the manner prescribed and containing the prescribed information; and (b) keep and maintain copies of all such records in the manner prescribed. Penalty: 120 penalty units.'. s. 9 -- 28 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 23 10. Insertion of new section 71A After section 71 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "71A. Appointment of persons who are not employees of the Department as authorised officers (1) The Minister may, by instrument, appoint a person who is not an employee employed under Part 3 of the Public Sector Management and Employment Act 1998, as an authorised officer, if the Minister is of the opinion that the person has particular qualifications or experience that are necessary to exercise the power the person is to be authorised to exercise. (2) The Minister must, in an instrument of appointment under sub-section (1)— (a) specify the period for which the person appointed is so appointed; and (b) specify the powers under this Act that the person appointed is authorised to exercise.". 11. Substitution of section 72 For section 72 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "72. Appointment of authorised officers by Council A Council may, by instrument, appoint as an authorised officer any specified employee of the Council. s. 10 -- 29 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 24 72A. Appointment of persons who are not Council employees as authorised officers (1) A Council may, by instrument, appoint a person who is not an employee of the Council as an authorised officer, if the person has the qualifications or experience prescribed by the Secretary. (2) The Council must, in an instrument of appointment under sub-section (1), specify the period for which the person is to be appointed. (3) The Secretary may prescribe conditions that apply to an appointment made under sub- section (1). (4) If a person appointed under sub-section (1) does not comply with a condition prescribed under sub-section (3), and the Secretary notifies that person that he or she has failed to comply with the condition, the appointment of that person is taken to be revoked as from the date of notification by the Secretary.". 12. Contents of authorised officers' identity cards For section 73(2) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(2) An identity card under sub-section (1) must— (a) set out the name of the authorised officer and contain a photograph of the authorised officer; and (b) set out the name of the body who has appointed the authorised officer; and s. 12 -- 30 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 25 (c) if an authorised officer is appointed for a specified period, set out the period for which the authorised officer is appointed.". 13. Powers of authorised officers appointed by the Minister (1) In section 74(1) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) for "An authorised officer" substitute "An authorised officer appointed by the Minister under section 71"; (b) for paragraph (c) substitute— "(c) a domestic animals registry licence or the conditions of such a licence; or". (2) After section 74(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(1A) An authorised officer appointed by the Minister under section 71A may take any reasonable action that is necessary to find out whether the provisions of— (a) this Act; or (b) the regulations; or (c) any Code of Practice made under this Act; or (d) a domestic animals registry licence— that relate to the conduct of domestic animal businesses or domestic animals registry services are being complied with. (1B) An authorised officer appointed by a Council under section 72 may take any reasonable action that is necessary to find out whether the provisions of— (a) this Act; or s. 13 -- 31 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 26 (b) the regulations; or (c) any local law made under this Act by a Council; or (d) any Code of Practice made under this Act— that do not relate to— (e) the conduct of domestic animals registry services; or (f) implanters of permanent identification devices in dogs or cats— are being complied with.". (3) In section 74(2) of the Domestic (Feral and Nuisance) Animals Act 1994 for "For the purposes of sub-section (1) an authorised officer may" substitute "An authorised officer who is exercising a power under sub-section (1), (1A) or (1B) may". (4) In section 74(3) of the Domestic (Feral and Nuisance) Animals Act 1994 for "An authorised officer" substitute "An authorised officer who is exercising a power under sub-section (1), (1A) or (1B)". 14. Insertion of new section 74A After section 74 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "74A. Powers of authorised officers contracted by Councils An authorised officer appointed under section 72A may, if he or she believes, on reasonable grounds, that an offence under section 10, 20, 21, 22, 23, 24, 25, 26, 27, 32, 38, 41E or 41G has been committed— s. 14 -- 32 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 27 (a) request a person to give his or her name and place of residence; or (b) ask questions.". 15. Insertion of new section 75A After section 75 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "75A. Seizure of records of information recorded in permanent identification devices (1) If the holder of a domestic animals registry licence has not complied with section 63S, an authorised officer appointed under section 71 may seize all records that the licence holder is required to surrender under section 63S. (2) An authorised officer who seizes records under sub-section (1) must, as soon as practicable after seizing the records surrender them to the Secretary. (3) The Secretary may retain, keep and maintain records seized under sub-section (1) for so long as the Secretary considers necessary. (4) Any records seized by the Secretary under this section become the property of the Secretary on seizure. (5) Section 75 does not apply to records to which this section applies. 75B. Disposal of records seized under section 75A (1) The Secretary may tender records seized, kept or maintained under section 75A or records surrendered and forfeited under section 63S for sale or disposal to any person who is the holder of a domestic animals s. 15 -- 33 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 28 registry licence other than the person from whom the records were seized, or who surrendered the records. (2) The Secretary must, before tendering records for sale or disposal under sub-section (1)— (a) notify the holder of the domestic animals registry licence from whom the records were seized, or who surrendered the records, that he or she intends to offer the records for sale or disposal; and (b) cause notice of the sale or disposal to be published in the Government Gazette. (3) It is a condition of any sale or disposal under this section that the records sold or disposed of— (a) become part of the domestic animals registry service of the licence holder who acquires the records on the sale or disposal; and (b) that the licence holder must keep and maintain the records so acquired on behalf of the owners of the animals to which the records relate as part of the domestic animals registry service provided by the licence holder. 75C. Application of proceeds of sale (1) The Secretary must apply the proceeds of the sale of any records under section 75B in the following order— (a) to the costs incurred by the Secretary in seizing, keeping and maintaining the records; s. 15 -- 34 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 29 (b) any balance then remaining must be paid to the holder of the domestic animals registry licence from whom the records were seized, if the holder claims the balance in writing within 3 months of the sale of the records. (2) If the holder of the domestic animals registry licence from whom the records were seized does not claim the balance of the sale money under sub-section (1)(b) that money is to be dealt with in accordance with the Unclaimed Moneys Act 1962.". 16. Offence not to give name and address to authorised officer In section 76(1)(b)(i) of the Domestic (Feral and Nuisance) Animals Act 1994, after "74(3)" insert "or section 74A(a)". 17. Insertion of new section 77AA After the Heading to Division 2 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— '77AA. Definition In this Division, "authorised officer" means an authorised officer appointed under section 72.'. 18. Identification through implanted device (1) In section 78(1) of the Domestic (Feral and Nuisance) Animals Act 1994 after "attached to or" insert "a device". (2) In section 78(2) of the Domestic (Feral and Nuisance) Animals Act 1994 after "attached to or" insert "a device". s. 16 -- 35 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 30 19. Identified cats not to be destroyed In section 80(1)(a) of the Domestic (Feral and Nuisance) Animals Act 1994 after "identification marker" insert "or a permanent identification device". 20. Powers to serve infringement notices (1) In section 85(1) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) after "authorised officer" insert ", appointed under section 71 or 72,"; (b) for "41E" substitute "38, 41E, 41G". (2) After section 85(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(1A) If an authorised officer appointed under section 72A has reason to believe that a person has committed an offence against section 10, 20, 21, 23, 24, 25, 26, 27, 32, 38(2), 41E or 41G of this Act, he or she may serve an infringement notice on that person.". 21. Withdrawal of infringement notice (1) In section 87(1) of the Domestic (Feral and Nuisance) Animals Act 1994 for "The authorised officer" substitute "A relevant authorised officer". (2) After section 87(3) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— '(4) In this section "relevant authorised officer" means an authorised officer who has the power to issue an infringement notice that is of the class of infringement notices to which the infringement notice that is being withdrawn belongs.'. s. 19 -- 36 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 31 22. Power to file charges For section 92(b) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(b) an authorised officer appointed under section 71, 71A or 72.". 23. Instrument of appointment as evidence In section 94(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994, for "a certificate of appointment of an authorised officer issued under section 73" substitute "an instrument of appointment of an authorised officer issued under Division 1 of Part 7". 24. Insertion of new Division in Part 7 After Division 4 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— 'Division 4A—Further Procedures for Dogs and Cats Found at Large 95A. Power of the court to make orders in relation to dogs and cats found outside owners' premises (1) If the owner of a dog or cat is found guilty by the Magistrates' Court of an offence under section 23(4), 24(1), 24(2) or 25(1), the court may make an order requiring the owner to carry out the works that are specified by the court for the purpose of ensuring that the animal that is the subject of the offence is not able to escape from the owner's premises. (2) Section 135 of the Magistrates' Court Act 1989 applies to an order made under this section. s. 22 -- 37 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 32 95B. Powers and duties of Council if order not complied with (1) If— (a) the Magistrates' Court has made an order under section 95A and the order has not been complied with; and (b) after the order has been made, the dog or cat that is the subject of the order is found outside the owner's premises in circumstances in which an authorised officer of the Council of the municipal district in which the owner's premises is situated reasonably believes that the owner of the dog or cat has committed an offence under section 23(4), 24(1), 24(2) or 25(1)— the authorised officer may seize the dog or cat. (2) If a dog or cat has been seized under sub- section (1), the Council must commence prosecution for the offence, believed to have been committed by the owner, as soon as practicable after the seizure and may retain custody of the animal until the outcome of the prosecution is known. (3) In this section "authorised officer" means an authorised officer appointed under section 72 or 72A. 95C. Owner to be notified (1) If a dog or cat has been seized under section 95B, the Council must notify the owner of the dog or cat of the seizure of the animal. s. 24 -- 38 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 33 (2) A notice under this section must be in writing and must be delivered either personally or by post within 4 days after the animal is seized. 95D. Further power of Court to order payment of costs and destruction of dogs or cats (1) If the owner of the dog or cat is found guilty of the offence in a proceeding commenced under section 95B, the Magistrates' Court may make either or both of the following orders— (a) that the dog or cat be destroyed; (b) if the dog or cat has been seized by the Council, that the owner pay the reasonable cost to the Council for any period (until the outcome of the proceeding) for which the Council has had the custody of the dog or cat. (2) If the Magistrates' Court has found that the owner has not complied with an order under section 95A, the Magistrates' Court may (in addition to any power the Court has to make orders under the Magistrates' Court Act 1989) make either or both of the following orders— (a) order that the dog or cat be destroyed; (b) if the dog or cat has been seized by the Council, that the owner pay the reasonable cost to the Council for any period (until the outcome of the proceeding) for which the Council has had the custody of the dog or cat.'. s. 24 -- 39 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 34 25. Insertion of new section 98AA After section 98 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "98AA. Review of decisions made under Part 4A (1) A person, whose interests are affected by the relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision refusing to grant or renew a domestic animals registry licence; or (b) a decision by the Secretary to impose conditions on a domestic animals registry licence; or (c) a decision to cancel a domestic animals registry licence; or (d) a decision to prohibit a person from implanting permanent identification devices in dogs and cats. (2) An application for review under sub-section (1) must be made within 28 days of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.". s. 25 -- 40 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 35 26. Power of authorised officers to make declarations as to restricted breed dogs At the end of section 98A of the Domestic (Feral and Nuisance) Animals Act 1994 insert— '(2) In this section "authorised officer" means an authorised officer appointed under section 72.'. 27. Regulation making powers (1) After section 100(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(ba) prescribing classes of permanent identification devices; and (bb) prescribing the standards that are to apply to prescribed permanent identification devices and the scanning of such devices; and (bc) prescribing the methods of implantation of permanent identification devices, including the procedures and standards in the handling of animals being implanted with such devices; and (bd) in relation to the record keeping of holders of domestic animals registry licences, providing for— (i) the content of, and procedures relating to, keeping the records of the licence holder; and (ii) access to and provision of information kept in the records; and (iii) persons who can access the records or obtain information from the records; and (iv) prohibiting and regulating charges for the provision of access to, or information kept in, the records; and s. 26 -- 41 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 36 (be) charges made by the holders of domestic animals registry licences for the provision of domestic animals registry services; and (bf) the duties and obligations of persons (including implanters and owners of animals that have been implanted with permanent identification devices) in relation to the provision of information to the holders of domestic animals registry licences; and (bg) any other matter related to the implantation of domestic animals with permanent identification devices; and". (2) In section 100(2) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) in paragraph (c), after "the Minister" insert ", the Secretary"; (b) after paragraph (c) insert— "(ca) may confer discretionary authority or impose a duty on a specified person or a specified class of person; and (cb) may provide in a specified case or a specified class of case for the exemption of a class of people or things from any provision of the regulations, whether unconditionally or on specified conditions and whether wholly or to such an extent as is specified in the regulations; and". (3) After section 100(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(2A) Regulations made under this Act may be made so as to apply, adopt or incorporate any matter contained in any code, standard, rule, specification or method formulated, issued, s. 27 -- 42 of 90 -- Victorian Legislation and Parliamentary Documents Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 37 prescribed or published by any authority or body whether— (a) wholly or partially or as amended by the regulations; or (b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then.". 28. Fees for dogs and cats implanted with prescribed permanent identification devices In the Schedule to the Domestic (Feral and Nuisance) Animals Act 1994— (a) in Column 2 under the heading "DOGS", for "Dogs that are permanently identified in the prescribed manner" substitute "Dogs that are implanted with a prescribed permanent identification device or permanently identified in the prescribed manner"; (b) in Column 2, under the heading "CATS", for "Cats that are permanently identified in the prescribed manner" substitute "Cats that are implanted with a prescribed permanent identification device". __________________ s. 28 -- 43 of 90 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Meat Industry Act 1993 and the Ombudsman Act 1973 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 38 PART 3—AMENDMENTS TO THE MEAT INDUSTRY ACT 1993 AND THE OMBUDSMAN ACT 1973 29. Amendments to Meat Industry Act 1993 (1) In section 35(1) of the Meat Industry Act 1993, for "a mammal" substitute "an animal". (2) After section 35(5) of the Meat Industry Act 1993 insert— "(6) A person must not slaughter for human consumption an animal that is not a consumable animal. Penalty: First offence 100 penalty units. Second or subsequent offence 500 penalty units or imprisonment for 24 months or both.". 30. Amendments to Ombudsman Act 1973 (1) After section 13(2) of the Ombudsman Act 1973 insert— "(2AAA) The Ombudsman is also to monitor compliance with Division 3 of Part 2 of the Prevention of Cruelty to Animals Act 1986 by officers of the Royal Society for the Prevention of Cruelty to Animals who are approved as inspectors under section 18(1)(b)(ii) of that Act.". (2) After section 13(2AB) of the Ombudsman Act 1973 insert— "(2AC) The Ombudsman is also to monitor compliance with the Domestic (Feral and Nuisance) Animals Act 1994 by persons appointed as authorised officers under section 71A(1) or 72A(1) of that Act.". See: Act No. 40/1993. Reprint No. 3 as at 1 July 2003 and amending Act No. 24/2003. LawToday: www.dms. dpc.vic. gov.au s. 29 See: Act No. 8414. Reprint No. 6 as at 1 January 2002 and amending Act Nos 2/2001 and 23/2002. LawToday: www.dms. dpc.vic. gov.au -- 44 of 90 -- Victorian Legislation and Parliamentary Documents Part 3—Amendments to the Meat Industry Act 1993 and the Ombudsman Act 1973 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 39 (3) After section 17(1)(a) of the Ombudsman Act 1973 insert— "(aa) where the complaint relates to an administrative action taken by an officer of the Royal Society for the Prevention of Cruelty to Animals, the Chief Executive Officer of the Royal Society for the Prevention of Cruelty to Animals; and". (4) In section 17(1) of the Ombudsman Act 1973— (a) in paragraph (b), for "council—" substitute "council; and"; (b) after paragraph (b) insert— "(c) where the complaint relates to an administrative action taken by a person appointed as an authorised officer under section 71A(1) of the Domestic (Feral and Nuisance) Animals Act 1994, the Minister administering that Act; and (d) where the complaint relates to an administrative action taken by a person appointed as an authorised officer under section 72A(1) of the Domestic (Feral and Nuisance) Animals Act 1994, the mayor of the relevant municipal council—". __________________ s. 30 -- 45 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 40 PART 4—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 31. Definitions In section 3(1) of the Prevention of Cruelty to Animals Act 1986 insert the following definitions— ' "animal ethics committee" means a committee, the principal function of which is to determine the ethical practices that are to apply to the carrying out of scientific procedures; "scientific premises" means a premises ordinarily used for scientific research, teaching or testing; "scientific procedure" means any procedure, test, experiment, inquiry, investigation or study which is carried out on or in connection with an animal in the course of which— (a) an animal is subjected to— (i) surgical, medical, psychological, biological, chemical or physical treatment; or (ii) conditions of heat, cold, light, dark, confinement, noise, isolation or overcrowding to which an animal of that species is not accustomed; or (iii) abnormal dietary conditions; or (iv) electric shock or radiation treatment; or s. 31 See: Act No. 46/1986. Reprint No. 5 as at 1 November 2002 and amending Act No. 56/2003. LawToday: www.dms. dpc.vic. gov.au -- 46 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 41 (b) any tissue, material or substance is extracted or derived from the body of an animal— and which is for— (c) the purpose of acquiring, demonstrating or developing knowledge in the field of medical, dental, veterinary, agricultural, behavioural or biological science or in any other field of science; or (d) the purpose of acquiring, demonstrating, exercising or developing techniques used in the practice of medical, dental, veterinary, agricultural, behavioural or biological science or in any other field of science; or (e) the purpose of developing or testing the use, hazards, safety or efficiency of vaccines, substances, drugs, materials or appliances intended for use in, on or in connexion with human beings or animals; or (f) any other purpose prescribed for the purposes of this paragraph— but does not include— (g) the treatment of an animal for the purpose of promoting its health or welfare by or in accordance with the instructions of a veterinary practitioner; or (h) the conduct of animal husbandry carried out in accordance with a Code of Practice; or s. 31 -- 47 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 42 (i) the collection, taking, banding and marking of wildlife within the meaning of and in accordance with the Wildlife Act 1975; or (j) any or any type of procedure, test, experiment, inquiry, investigation or study prescribed for the purposes of this paragraph; "scientific procedures field work licence" means a licence issued under section 32A; "scientific procedures premises licence" means a licence issued under section 29; "specified animals breeding licence" means a licence issued under section 32E;'. 32. Application of Act After section 6(1) of the Prevention of Cruelty to Animals Act 1986 insert— "(1A) For the purpose of determining whether or not sub-section (1) applies to a particular case, a specialist inspector (within the meaning of Part 2) may exercise a power set out in section 21A or 22A.". 33. Codes of Practice For section 7(1)(b) of the Prevention of Cruelty to Animals Act 1986 substitute— "(b) about the premises, facilities, equipment or conditions at any premises to which licences granted under Part 3 apply; or (c) the constitution, procedures and processes of animal ethics committees.". s. 32 -- 48 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 43 34. Definitions in Part 2 At the end of section 8 of the Prevention of Cruelty to Animals Act 1986 insert— '(2) In this Part a reference to "animal" is a reference to an animal that is— (a) in the case of a mammal, bird or reptile, at or above the normal mid-point of the gestational cycle for the particular class of animal; or (b) in any other case, capable of independent feeding.'. 35. Baiting and luring In section 13(2) of the Prevention of Cruelty to Animals Act 1986, for "veterinary practitioner who is employed as a veterinary pathologist in the Department" substitute "veterinary practitioner who is employed, or who practises on his or her own behalf, as a veterinary pathologist". 36. Insertion of new section 23A After section 23 of the Prevention of Cruelty to Animals Act 1986 insert— "23A. Offence to fail to provide name and address (1) If an inspector believes, on reasonable grounds, that a person has committed an offence against this Part, the inspector may ask the person to state his or her name and ordinary place of residence or business. (2) In making a request under sub-section (1), the inspector must inform the person of the grounds for his or her belief that the person has not complied with the requirement. s. 34 -- 49 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 44 (3) A person must not— (a) refuse or fail to comply with a request under sub-section (1) without a reasonable excuse for doing so; or (b) in response to a request under sub- section (1)— (i) state a name that is false in a material particular; or (ii) state an address that is not the full and correct address of his or her ordinary place of residence or business. Penalty: 10 penalty units. (4) If a person states a name and address in response to a request under sub-section (1) and the inspector suspects, on reasonable grounds, that the stated name and address may be false, the inspector may request the person to produce evidence of the correctness of the name and address. (5) A person to whom a request under sub- section (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so. Penalty: 10 penalty units. (6) It is not an offence for a person to fail to comply with a request under sub-section (1) or (4)— (a) if the inspector did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or s. 36 -- 50 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 45 (b) if the authorised officer did not identify himself or herself in accordance with section 23B before making the request. 23B. Inspectors must identify themselves An inspector must produce proof of his or her identity and official status— (a) before exercising a power under section 23A; and (b) at any time during the exercise of a power under section 23A, if asked to do so.". 37. Substitution of sections 25 to 32 For sections 25 to 32 of the Prevention of Cruelty to Animals Act 1986 substitute— 'Division 1—Preliminary 25. Definitions In this Part— "authorised officer" means a person appointed to be an authorised officer under section 35; "Peer Review Committee" means a Peer Review Committee established under section 34; "program of scientific procedures" means a series of scientific procedures each of which is being carried out in conjunction with the others; s. 37 -- 51 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 46 "specified animal" means— (a) guinea pig; and (b) rat, mouse or rabbit, other than a rat, mouse or rabbit bred in its native habitat; and (c) non-human primate. Division 2—Offences 26. Offences relating to scientific procedures carried out at scientific premises (1) A person who occupies a scientific premises must not cause or allow scientific procedures to be carried out on those premises unless that person holds a scientific procedures premises licence for that premises that authorises the carrying out of those procedures. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. (2) A person who occupies a premises at which scientific procedures are carried out or are proposed to be carried out must nominate a person to be responsible for any procedures carried out on those premises. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. s. 37 -- 52 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 47 (3) A person nominated under sub-section (2) must not cause or allow scientific procedures to be carried out at the premises for which he or she has been nominated unless the nominated person reasonably believes that the occupier of the premises is the holder of a scientific procedures premises licence for that premises that authorises the carrying out of those procedures. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. (4) A person must not carry out a scientific procedure at a scientific premises unless the person carrying out the procedure reasonably believes that the occupier of the premises is the holder of a scientific procedures premises licence for that premises that authorises the carrying out of those procedures. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. 27. Offences relating to scientific procedures carried out outside scientific premises (1) A person must not— (a) carry out a scientific procedure or a program of scientific procedures; or s. 37 -- 53 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 48 (b) cause or allow a scientific procedure or program of scientific procedures to be carried out on that person's behalf— at any place that is not a scientific premises unless the person is— (c) the holder of a scientific procedures field work licence; or (d) the holder of a scientific procedures premises licence that authorises the carrying out of that work. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. (2) A person must not— (a) carry out a scientific procedure or a program of scientific procedures; or (b) allow a scientific procedure or program of scientific procedures to be carried out— on another person's behalf at any place that is not a scientific premises unless the person who so carries out or allows procedures to be carried out reasonably believes that the person on whose behalf the procedure or program is being carried out is— (c) the holder of a scientific procedures field work licence; or s. 37 -- 54 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 49 (d) the holder of a scientific procedures premises licence that authorises the carrying out of the procedure or program. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. 28. Offences relating to breeding of specified animals for use in scientific procedures (1) A person who occupies premises must not cause or allow specified animals to be bred on the premises for the purposes of use in scientific procedures, unless the person is the holder of a specified animals breeding licence. Penalty: 10 penalty units, in the case of a natural person. 60 penalty units, in the case of a body corporate. (2) A person must not breed specified animals on any premises for the purposes of use in scientific procedures unless the person who breeds the animals reasonably believes that the occupier of the premises is the holder of a specified animals breeding licence. Penalty: 10 penalty units, in the case of a natural person. 60 penalty units, in the case of a body corporate. s. 37 -- 55 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 50 (3) This section does not apply to breeding of specified animals at any scientific premises if the breeding is being carried out for the purposes of scientific procedures being carried out at that premises under a scientific procedures premises licence. Division 3—Scientific Procedures Premises Licences 29. Grant of a scientific procedures premises licence The Department Head may licence a person who occupies a scientific premises to cause or allow scientific procedures to be carried out— (a) on those premises; or (b) on behalf of the holder of the licence, at any other place specified in the licence. 30. Application for a scientific procedures licence (1) A person who is the occupier of a scientific premises may apply to the Department Head for the grant of a scientific procedures premises licence. (2) An application under sub-section (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant must give the Department Head any further information relating to the application that the Department Head requests. s. 37 -- 56 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 51 31. Duration of scientific procedures premises licences (1) A scientific procedures premises licence remains in force for the period that is specified in the licence, which must not be more than 3 years from the issue or renewal of the licence. (2) A scientific procedures premises licence expires on 30 June in the year that it ceases to have force. 32. Conditions on scientific procedures premises licences (1) A scientific procedures premises licence is subject to any conditions— (a) that are prescribed; and (b) that the Department Head imposes on the licence. (2) A licence holder must comply with the conditions to which the licence is subject. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. (3) A person who is carrying out a scientific procedure under a scientific procedures premises licence must comply with the conditions to which the licence is subject. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. s. 37 -- 57 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 52 Division 4—Scientific Procedures Field Work Licences 32A. Grant of a scientific procedures field work licence The Department Head may licence a person— (a) to carry out a scientific procedure or a program of scientific procedures; or (b) to cause or allow a scientific procedure or a program of scientific procedures to be carried out— outside scientific premises. 32B. Application for a scientific procedures field work licence (1) A person may apply to the Department Head for the grant of a scientific procedures field work licence. (2) An application under sub-section (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant must give the Department Head any further information relating to the application that the Department Head requests. 32C. Duration of scientific procedures field work licences (1) A scientific procedures field work licence remains in force for the period that is specified in the licence, which must not be more than 3 years from the issue or renewal of the licence. s. 37 -- 58 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 53 (2) A scientific procedures field work licence expires on 30 June in the year that it ceases to have force. 32D. Conditions on scientific procedures field work licences (1) A scientific procedures field work licence is subject to any conditions— (a) that are prescribed; and (b) that the Department Head imposes on the licence. (2) A licence holder must comply with the conditions to which the licence is subject. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. (3) A person who is carrying out a scientific procedure under a scientific procedures field work licence must comply with the conditions to which the licence is subject. Penalty: 60 penalty units or 6 months imprisonment, in the case of a natural person. 120 penalty units, in the case of a body corporate. s. 37 -- 59 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 54 Division 5—Specified Animals Breeding Licences 32E. Grant of a specified animals breeding licence The Department Head may licence a person who occupies premises to cause or allow specified animals to be bred on the premises for the purposes of use in scientific procedures. 32F. Application for a specified animals breeding licence (1) A person who is the occupier of a premises may apply to the Department Head for the grant of a specified animals breeding licence. (2) An application under sub-section (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant must give the Department Head any further information relating to the application that the Department Head requests. 32G. Duration of specified animals breeding licence (1) A specified animals breeding licence remains in force for the period that is specified in the licence, which must not be more than 3 years from the issue or renewal of the licence. (2) A specified animals breeding licence expires on 30 June in the year that it ceases to have force. s. 37 -- 60 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 55 32H. Conditions on specified animals breeding licence (1) A specified animals breeding licence is subject to any conditions— (a) that are prescribed; and (b) that the Department Head imposes on the licence. (2) A licence holder must comply with the conditions to which the licence is subject. Penalty: 10 penalty units, in the case of a natural person. 60 penalty units, in the case of a body corporate. (3) A person who is breeding specified animals under a specified animals breeding licence must comply with the conditions to which the licence is subject. Penalty: 10 penalty units, in the case of a natural person. 60 penalty units, in the case of a body corporate. Division 6—General Licensing Provisions 32I. Power of Department Head to renew licences On the expiration of a licence granted under this Part, the Department Head may renew the licence. 32J. Application to renew a licence (1) Before a licence granted under this Part expires, the holder may apply to the Department Head for the renewal of the licence. s. 37 -- 61 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 56 (2) An application under sub-section (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant under this section must give to the Department Head any further information relating to the application that the Department Head requests. 32K. Power of the Department Head to vary licences The Department Head may, either on the application of the holder of a licence issued under this Part, or on the Department Head's own motion— (a) vary such a licence; or (b) vary a condition on such a licence, other than a prescribed condition. 32L. Variation of licence on the motion of the Department Head (1) Before— (a) varying a licence issued under this Part; or (b) varying a condition on such a licence— of his or her own motion under section 32K, the Department Head must— (c) notify the holder of the licence; and (d) allow the holder an opportunity to make written submissions. (2) Submissions under sub-section (1) must be made within the time period specified in the notice. s. 37 -- 62 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 57 (3) In making a decision as to whether or not to vary a licence under section 32K, the Department Head must— (a) have regard to submissions made within the period for making submissions; and (b) notify the holder of his or her decision. (4) A variation to which sub-section (1) applies has effect from the time specified in the notice under sub-section (3). 32M. Application to vary a licence (1) The holder of a licence issued under this Part may apply to the Department Head for— (a) variation of the licence; or (b) variation of a condition of the licence. (2) An application under sub-section (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant under sub-section (1) must give to the Department Head any further information relating to the application that the Department Head requests. 32N. Suspension of licence and notice of proposal to cancel (1) If the Department Head is satisfied that there may be grounds for cancelling a licence issued under this Part, the Department Head may suspend that licence. (2) The Department Head must serve notice of the suspension of the licence on the holder of the licence either personally or by post. s. 37 -- 63 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 58 (3) A notice under sub-section (2) must— (a) state that the licence is suspended; and (b) state that the Department Head is satisfied that there are grounds for the cancellation of the licence; and (c) set out those grounds; and (d) set out the time within which written submissions on the proposed cancellation of the licence may be made to the Department Head. (4) A suspension under this section remains in force until— (a) if the Department Head decides to cancel the licence, the coming into effect of that cancellation; or (b) if the Department Head decides not to cancel the licence, the making of that decision. (5) The holder of a licence whose licence is suspended under this section is deemed not to be the holder of a licence for the period of the suspension. 32O. Making of submissions on suspension (1) The holder of a licence issued under this Part whose licence has been suspended under section 32N may make written submissions on the proposal to cancel the licence. (2) Submissions made under sub-section (1) must be made within the time fixed by the Department Head under section 32N(3)(d). s. 37 -- 64 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 59 32P. Power of the Department Head to cancel a licence If, after considering any submissions made within the time fixed for making submissions under section 32N(3)(d), the Department Head is satisfied that— (a) in the case of a licence holder who is a natural person, the licence holder is not a fit and proper person to hold the licence; or (b) in the case of a licence holder who is a body corporate, any director or officer of the body corporate who does or may exercise control over the service that is the subject of the licence is not a fit and proper person to be a director or officer of such a licence holder; or (c) the licence holder has failed to comply with a condition of the licence; or (d) the licence holder has been found guilty of an offence against this Act or the regulations— the Department Head may cancel the licence. 32Q. Notice of Department Head's decision (1) The Department Head must give notice to the holder of a licence that has been suspended under section 32N of the Department Head's decision under section 32P and set out reasons for that decision in the notice. (2) A notice under sub-section (1) must be served on the licence holder within 28 days after the expiry of the date for the making of submissions under section 32N(3)(d). s. 37 -- 65 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 60 32R. Coming into effect of cancellation Cancellation of a licence by the Department Head has effect from the time at which notice of the cancellation is served on the licence holder. Division 7—Miscellaneous'. 38. Review by VCAT For section 33(1) of the Prevention of Cruelty to Animals Act 1986 substitute— "(1) A person whose interests are affected by the relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision refusing to grant or renew a scientific procedures premises licence, scientific procedures field work licence or a specified animals breeding licence; or (b) a decision to impose conditions on such a licence; or (c) a decision to cancel or suspend such a licence.". 39. Alteration of references to scientific establishments In section 34 of the Prevention of Cruelty to Animals Act 1986— (a) in sub-section (1), for "licensed scientific establishments" substitute "scientific premises at which scientific procedures are carried out under a scientific procedures premises licence"; s. 38 -- 66 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 61 (b) in sub-section (2) for "at licensed scientific establishments" substitute "at scientific premises under a scientific procedures premises licence". 40. Authorised officers powers In section 35(7) of the Prevention of Cruelty to Animals Act 1986— (a) in paragraph (a)(i) for "any licensed scientific or breeding establishment" substitute "any premises in respect of which a licence has been issued under this Part"; (b) in paragraph (d), omit "establishment or". 41. Offences In section 36(1) of the Prevention of Cruelty to Animals Act 1986, for "a scientific or breeding establishment" substitute "a premises in respect of which a licence has been issued under this Part". 42. Insertion of new Part 3A After Part 3 of the Prevention of Cruelty to Animals Act 1986 insert— 'PART 3A—INFRINGEMENT NOTICES 37A. Power to serve a notice (1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed— (a) an offence against section 15A(2); or (b) a prescribed offence against the regulations. s. 40 -- 67 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 62 (2) In this Part a reference to an "authorised officer" is a reference to— (a) in the case of an offence relating to a scientific procedure (within the meaning of Part 3) an authorised officer, within the meaning of section 25; and (b) in any other case, an inspector within the meaning of section 8, being in the case of an inspector who has been approved under section 18, any case for the purposes of which the inspector has been approved. (3) An infringement notice may be served on a person— (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person at the person's last known place of residence or business. 37B. Form of notice An infringement notice must be in a form approved by the Department Head and must set out all the following matters— (a) the date of the notice; (b) the provision of this Act or the regulations that creates the offence; (c) the date, time and place of the alleged offence; (d) the nature and a brief description of the alleged offence; (e) the infringement penalty for the alleged offence set out in the regulations; s. 42 -- 68 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 63 (f) the manner in which the infringement penalty may be paid; (g) the time (not being less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the alleged offence in the Magistrates' Court; (j) any other prescribed particulars. 37C. Late payment of penalty An authorised officer may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if— (a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and (b) the infringement notice has not been withdrawn. s. 42 -- 69 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 64 37D. Withdrawal of notice (1) A member of the police force may withdraw an infringement notice issued by a member of the police force under this Part within 28 days after it was served. (2) The Department Head may withdraw an infringement notice issued by any other authorised officer under this Part within 28 days after it was served. (3) The withdrawal of an infringement notice is to be effected by serving a withdrawal notice on the person on whom the infringement notice was served. (4) If the penalty sought in the infringement notice has been paid before the notice is withdrawn, the amount of the penalty must be refunded on the notice being withdrawn, and the Consolidated Fund is, to the necessary extent, appropriated accordingly. (5) Proceedings for the offence in respect of which the infringement notice has been served may still be taken or continued despite the withdrawal of the notice. 37E. Payment expiates offence If an infringement notice is not withdrawn and the infringement penalty is paid within the time specified in the notice or payment is accepted in accordance with section 37C then— (a) the person on whom the notice was served has expiated the offence by that payment; and s. 42 -- 70 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 65 (b) no proceedings may be taken against that person in respect of that offence; and (c) no conviction is to be taken to have been recorded against that person for the offence. 37F. Application of penalty (1) An infringement penalty paid under this Part must be applied in the same way as a fine paid under an order of a court made on an offender being convicted or found guilty of the offence to which the infringement penalty relates. (2) The payment of an infringement penalty under this Part is not and must not be taken to be— (a) an admission of guilt in relation to the offence; or (b) an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence, and the payment does not in any way affect or prejudice any such claim or proceeding. (3) The payment of an infringement penalty under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for any offence. 37G. Prosecution after service of infringement notice A charge may be filed in respect of an offence to which an infringement notice relates if— s. 42 -- 71 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 66 (a) the infringement penalty has not been paid within the time for payment specified in the notice or in accordance with section 37C; or (b) the notice is withdrawn. 37H. Enforcement of infringement penalty Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 to the Magistrates' Court Act 1989 if— (a) the infringement notice is an infringement notice within the meaning of Schedule 7 to that Act; and (b) the infringement penalty has not been paid within the time specified in the notice or in accordance with section 37C; and (c) the notice has not been withdrawn; and (d) a charge has not been filed in accordance with section 37G.'. 43. Insertion of new section to follow section 41 After section 41 of the Prevention of Cruelty to Animals Act 1986 insert— '41A. Council employees etc. not subject to offence for giving information (1) If— (a) an officer, employee or contractor of a Council gives the name and address of an owner of land or of an animal to an inspector for the purposes of enabling the inspector to exercise a power under this Act; and s. 43 -- 72 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 67 (b) the officer, employee or contractor has obtained that information in the course of his or her employment with the Council or under his or her contract with the Council (as the case requires)— the officer, employee or contractor does not commit any offence under the Local Government Act 1989, regulations or local laws made under that Act or any other law in so doing. (2) In this section "Council" has the same meaning as in the Local Government Act 1989.'. 44. Amendment of regulation making powers (1) In section 42(1) of the Prevention of Cruelty to Animals Act 1986— (a) for paragraph (e) substitute— "(e) applications for and the grant of licences under Part 3, including requirements to be satisfied before the grant of such licences; (ea) standards for— (i) facilities and equipment at; and (ii) scientific procedures to be carried out at— any premises to which a licence granted under Part 3 applies; and (eb) conditions on licences granted under Part 3;"; (b) in paragraph (g) for "scientific establishments (as defined in section 25) or breeding establishments (as defined in section 25)" (wherever occurring) substitute s. 44 -- 73 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 68 "any premises to which a licence granted under Part 3 applies"; (c) for paragraph (h) substitute— "(h) the minimum requirements for the training, experience and academic qualifications of a person in charge of any premises to which a licence granted under Part 3 applies;"; (d) for paragraph (j) substitute— "(j) the periods for which permits issued under Division 2 of Part 2 remain in force;"; (e) for paragraph (k) substitute— "(k) membership of animal ethics committees and the operation of such committees;"; (f) in paragraph (l), omit "(as defined in section 25)"; (g) in paragraph (m), for "section 25" substitute "section 3"; (h) paragraph (n) is repealed. (2) For section 42(1)(na), (nb) and (nc) of the Prevention of Cruelty to Animals Act 1986 substitute— "(na) prohibiting or regulating— (i) any medical or veterinary procedure conducted on animals; or (ii) any method of capture of animals; or (iii) any method or procedure of transport of animals— that may cause injury, suffering or distress to animals; s. 44 -- 74 of 90 -- Victorian Legislation and Parliamentary Documents Part 4—Amendments to the Prevention of Cruelty to Animals Act 1986 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 69 (nb) prohibiting or regulating the possession or use of any implement, device or thing that may cause injury, suffering or distress in an animal;". (3) In section 42(2)(c) of the Prevention of Cruelty to Animals Act 1986, for "five penalty units" substitute "10 penalty units". __________________ s. 44 -- 75 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 70 PART 5—AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997 45. Amendment of definitions In section 3 of the Veterinary Practice Act 1997— (a) insert the following definition— ' "Secretary" means the person who is, for the time being, the Department Head (within the meaning of the Public Sector Management and Employment Act 1998) of the Department of Primary Industries;'; (b) after paragraph (f) of the definition of "unprofessional conduct" insert— "(g) influencing or attempting to influence the conduct of a veterinary practice in such a way that an animal's well-being may be compromised; (h) the contravention of or failure to comply with a condition, limitation or restriction on the registration of a veterinary practitioner imposed by or under this Act;". 46. Grounds for refusal of registration After section 6(2)(f) of the Veterinary Practice Act 1997 insert— "(fa) that the applicant's competency in speaking and communicating in English is not sufficient for that person to practise as a registered veterinary practitioner; (fb) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(i), that the s. 45 See: Act No. 58/1997 and amending Act Nos 46/1998, 52/1998, 101/1998 and 11/2002. LawToday: www.dms. dpc.vic. gov.au -- 76 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 71 applicant has not undergone the counselling as specified in the determination of the panel; (fc) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(a)(ii), that the applicant has not undertaken further education in accordance with the determination of the panel; (fd) that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(d), that the period for which the applicant is not entitled to re-apply for registration has not expired;". 47. Insertion of new section 7A After section 7 of the Veterinary Practice Act 1997 insert— "7A. Non-practising registration (1) The Board may grant or refuse to grant registration as a non-practising veterinary practitioner to an applicant if the applicant— (a) is qualified for general registration; and (b) the applicant has satisfied the Board that he or she does not intend to practice as a veterinary practitioner for the period of the registration. (2) A grant of non-practising registration under this section is subject to any conditions, limitations or restrictions imposed by the Board on the registration. s. 47 -- 77 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 72 (3) The Board may, of its own motion, or on the application by a veterinary practitioner granted registration as a non-practising veterinary practitioner, amend, vary or revoke any condition, limitation or restriction imposed under sub-section (2).". 48. Endorsement of registration as a specialist practitioner After section 8(3) of the Veterinary Practice Act 1997 insert— "(3A) The Board may refuse to grant an endorsement of the general registration of the veterinary practitioner on the ground that, in the case of an applicant in respect of whom a determination of a panel has been made under section 45(2A)(f), the period for which the applicant is not entitled to re-apply for the endorsement has not expired.". 49. Particulars on the Register For section 16(3)(a) of the Veterinary Practice Act 1997 substitute— "(a) the postal address of the practitioner; (aa) the address of the premises where the practitioner carries on veterinary practice;". 50. Substitution of section 20 For section 20 of the Veterinary Practice Act 1997 substitute— "20. Complaints about the conduct of registered veterinary practitioners A person may make a complaint to the Board about the professional conduct of a person who is or was, at the time the conduct took place, a registered veterinary practitioner.". s. 48 -- 78 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 73 51. Duty of Board to investigate complaints In section 21(1) of the Veterinary Practice Act 1997 for "a registered veterinary practitioner" substitute "the practitioner about whom the complaint has been made". 52. Recommendations of Board on preliminary investigation In section 22(1) of the Veterinary Practice Act 1997— (a) at the end of paragraph (b), for "matter." substitute "matter; or"; (b) after paragraph (b) insert— "(c) that a preliminary investigation be commenced under section 25.". 53. Substitution of section 23 For section 23 of the Veterinary Practice Act 1997 substitute— "23. Power of Board to institute a hearing into professional conduct The Board may, of its own motion, determine to conduct a formal or informal hearing into the professional conduct of a person who is or was, at the time the conduct took place, a registered veterinary practitioner, without conducting a preliminary investigation.". 54. Commencement of preliminary investigation In section 25 of the Veterinary Practice Act 1997— (a) for "veterinary practitioner" (where first occurring) substitute "registered veterinary practitioner"; s. 51 -- 79 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 74 (b) after "one of its members" insert "or a registered medical practitioner". 55. Examination as to health of veterinary practitioner (1) Insert the following heading to section 27 of the Veterinary Practice Act 1997— "Examination as to health of practitioner". (2) In section 27(1) of the Veterinary Practice Act 1997, for "registered medical practitioner" substitute "registered practitioner". (3) In section 27(2) of the Veterinary Practice Act 1997, for "registered medical practitioner" (wherever occurring) substitute "registered practitioner". (4) After section 27(3) of the Veterinary Practice Act 1997 insert— '(4) A person appointed to conduct the preliminary investigation under section 25 must not perform a medical examination under this section. (5) In this section "registered practitioner" means— (a) a registered medical practitioner; or (b) a registered psychologist within the meaning of the Psychologists Registration Act 2000; or (c) a registered physiotherapist within the meaning of the Physiotherapists Registration Act 1998; or (d) a registered osteopath within the meaning of the Osteopaths Registration Act 1996; or s. 55 -- 80 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 75 (e) a registered chiropractor within the meaning of the Chiropractors Registration Act 1996.'. 56. Report of examination (1) In section 28(1) of the Veterinary Practice Act 1997 for "the member of the Board" substitute "the person". (2) In section 28(4) of the Veterinary Practice Act 1997, after "another veterinary practitioner" insert "or another registered medical practitioner". 57. Revocation of suspension or conditions etc. on registration In section 32 of the Veterinary Practice Act 1997— (a) after "imposed" insert "under this Part"; (b) after "suspension" insert "under this Part". 58. Establishment and notification of informal hearing In section 34 of the Veterinary Practice Act 1997— (a) for "a registered veterinary practitioner" substitute "a person who is, or was at the time the conduct took place, a registered veterinary practitioner"; (b) for paragraph (c) substitute— "(c) by registered post, serve a notice, which complies with section 36, on the person who is the subject of the hearing; and". s. 56 -- 81 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 76 59. Appointment of non Board members to Panel (1) For section 35(2) of the Veterinary Practice Act 1997 substitute— "(2) If— (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or (b) the Board is of the opinion that a person with special expertise is required for the hearing— the President or (if the President is unable to act) the Deputy President of the Board may appoint persons who are not members of the Board but who are approved by the Governor in Council under sub-section (4) to fill the vacant positions on the panel. (2A) Despite sub-section (2), at least one member of a panel must be a member of the Board.". (2) After section 35(3) of the Veterinary Practice Act 1997 insert— "(4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be eligible to be appointed to a panel under sub-section (2).". 60. Findings and determinations of an informal hearing (1) In section 38(1) of the Veterinary Practice Act 1997, for "the veterinary practitioner" (wherever occurring) substitute "the person who is the subject of the hearing". (2) In section 38(2) of the Veterinary Practice Act 1997— (a) after "If" insert ", in the case of a registered veterinary practitioner,"; s. 59 -- 82 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 77 (b) after paragraph (a) insert— "(aa) that the veterinary practitioner undertake further education of the kind stated in the determination and to complete it within the period specified in the determination;". (3) After section 38(2) of the Veterinary Practice Act 1997 insert— "(3) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel finds that the person, whether by act or omission engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations— (a) that the person is not entitled to re- apply for registration unless the person— (i) has undergone counselling; or (ii) has undertaken further education of the kind stated in the determination and completed it within the period specified in the determination; (b) that the person be cautioned; (c) that the person be reprimanded.". 61. Appointment of non Board members to panel (1) For section 42(2) of the Veterinary Practice Act 1997 substitute— "(2) If— (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or s. 61 -- 83 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 78 (b) the Board is of the opinion that a person with special expertise is required for the hearing— the President or (if the President is unable to act) the Deputy President of the Board may appoint persons who are not members of the Board but who are approved by the Governor in Council under sub-section (4) to fill the vacant positions on the panel. (2A) Despite sub-section (2), at least one member of a panel must be a member of the Board.". (2) After section 42(3) of the Veterinary Practice Act 1997 insert— "(4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be eligible to be appointed to a panel under sub-section (2).". 62. Insertion of new sections 43A and 43B After section 43 of the Veterinary Practice Act 1997 insert— "43A. Preliminary conferences (1) The Board may, at any time before a formal hearing, require the person who is the subject of the hearing to attend one or more preliminary conferences with a person appointed by the Board. (2) The Board must not appoint a person who is a member of the Board or a hearing panel to conduct a preliminary conference. (3) The functions of a preliminary conference are to— (a) identify and clarify the nature of the issues in dispute in the matter; s. 62 -- 84 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 79 (b) identify the issues to be considered or determined by the panel; (c) allow guidance to be given concerning the conduct of the matter. (4) The Board must give notice of the preliminary conference to the person who is the subject of the hearing. (5) A preliminary conference must be held in private unless the person presiding directs otherwise. (6) Except as provided for in this section, the procedure for a preliminary conference is at the discretion of the person presiding. 43B. Requirements as to attendance at preliminary conference The Board may require a person who is the subject of a formal hearing to attend a preliminary conference either personally or by a representative.". 63. Findings and determinations of a formal hearing into conduct (1) In section 45(1) of the Veterinary Practice Act 1997— (a) after "formal hearing" insert "under section 44"; (b) for "a registered veterinary practitioner" substitute "a person"; (c) for "the veterinary practitioner" (wherever occurring) substitute "the person". (2) In section 45(2) of the Veterinary Practice Act 1997, after "If" insert ", in the case of a registered veterinary practitioner,". s. 63 -- 85 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 80 (3) After section 45(2) of the Veterinary Practice Act 1997 insert— "(2A) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel finds that the person, whether by act or omission engaged in unprofessional conduct of a serious nature, the panel may make one or more of the following determinations— (a) that the person is not entitled to re- apply for registration unless the person— (i) has undergone counselling; or (ii) has undertaken further education of the kind stated in the determination and completed it within the period specified in the determination; (b) that the person be cautioned; (c) that the person be reprimanded; (d) that the person is not entitled to re- apply for registration for the period specified by the panel in the determination; (e) that the person is not entitled to apply for endorsement of registration as a specialist practitioner for the period specified by the panel in the determination.". 64. Findings and determinations of a formal hearing into ability to practise (1) In section 46(1) of the Veterinary Practice Act 1997— (a) after "formal hearing" insert "under section 44"; s. 64 -- 86 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 81 (b) for "a registered veterinary practitioner" substitute "a person"; (c) for "the veterinary practitioner" (wherever occurring) substitute "the person". (2) In section 46(2) of the Veterinary Practice Act 1997, after "If" insert ", in the case of a registered veterinary practitioner,". (3) After section 46(2) of the Veterinary Practice Act 1997 insert— "(3) If, in the case of a person who has ceased to be a registered veterinary practitioner, the panel makes a finding under sub-section (1)(a), the panel may make the determination that, if the person re-applies for registration, the condition, limitation or restriction specified in the determination be imposed on the registration of the person.". 65. Notifications by Board In section 52(1) of the Veterinary Practice Act 1997— (a) in paragraph (d), for "veterinary practitioner—" substitute "veterinary practitioner;"; (b) after paragraph (d) insert— "(da) that a person is not entitled to re-apply for general registration as a veterinary practitioner for a specified period; (db) that a person is not entitled to re-apply for endorsement as a specialist practitioner for a specified period—"; (c) for "the Board may give notice" substitute "the Board must give notice". s. 65 -- 87 of 90 -- Victorian Legislation and Parliamentary Documents Part 5—Amendments to the Veterinary Practice Act 1997 Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 82 66. Insertion of new section 58A After section 58 of the Veterinary Practice Act 1997 insert— "58A. Offence to direct or incite unprofessional conduct (1) A person who employs a registered veterinary practitioner must not direct or incite the practitioner to do anything, in the course of veterinary practice, that would constitute unprofessional conduct. Penalty: For a natural person, 200 penalty units for a first offence or 400 penalty units for a second or subsequent offence. For a body corporate, 400 penalty units for a first offence or 800 penalty units for a second or subsequent offence. (2) If a court convicts or finds a person guilty of an offence against this section, the Clerk or other proper officer of the court must notify the Secretary, in writing, of the conviction or finding.". 67. Further amendments to the Veterinary Practice Act 1997 The Veterinary Practice Act 1997 is amended as set out in the Schedule. __________________ s. 66 -- 88 of 90 -- Victorian Legislation and Parliamentary Documents Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 83 SCHEDULE Section 67 CONSEQUENTIAL AMENDMENTS TO THE VETERINARY PRACTICE ACT 1997 In section 36 of the Veterinary Practice Act 1997— (a) in paragraph (a), for "the veterinary practitioner" substitute "the person who is the subject of the hearing"; (b) in paragraph (c), for "the veterinary practitioner" substitute "the person who is the subject of the hearing"; (c) in paragraph (d), for "the veterinary practitioner" substitute "the person who is the subject of the hearing". In section 37(b) of the Veterinary Practice Act 1997 for "the veterinary practitioner" substitute "the person". In section 39 of the Veterinary Practice Act 1997— (a) in paragraph (a), for "the veterinary practitioner" substitute "the person"; (b) in paragraph (b), for "the veterinary practitioner" substitute "the person who is the subject of the hearing". In section 40 of the Veterinary Practice Act 1997, for "the veterinary practitioner" substitute "the person". In section 41 of the Veterinary Practice Act 1997— (a) in paragraph (b), for "a veterinary practitioner" substitute "a person"; (b) in paragraph (f), for "the veterinary practitioner" substitute "the person who is the subject of the hearing". In section 43(a) of the Veterinary Practice Act 1997, for "the veterinary practitioner" substitute "the person who is the subject of the hearing". In section 44(b) of the Veterinary Practice Act 1997, for "the veterinary practitioner" substitute "the person". In section 51(1) of the Veterinary Practice Act 1997, for "the veterinary practitioner" substitute "the person". ═══════════════ Sch. -- 89 of 90 -- Victorian Legislation and Parliamentary Documents Animals Legislation (Animal Welfare) Act 2003 Act No. 103/2003 84 ENDNOTES † Minister's second reading speech— Legislative Assembly: 15 October 2003 Legislative Council: 6 November 2003 The long title for the Bill for this Act was "to amend the Domestic (Feral and Nuisance) Animals Act 1994, the Meat Industry Act 1993, the Ombudsman Act 1973, the Prevention of Cruelty to Animals Act 1986 and the Veterinary Practice Act 1997 and for other purposes." Endnotes -- 90 of 90 --