These regulations set out how the Cat Management Act works in practice: they create approval, reporting and compliance rules for cat management facilities, microchipping, desexing identification, breeders and permits, and specify enforcement steps and fines. They affect facility operators, microchip implanters and veterinary personnel, cat owners and registered breeders by imposing application, recordkeeping and notification duties and giving the Secretary powers to approve codes, suspend or cancel approvals, and determine database access rules.
These regulations (Cat Management Regulations 2022) implement procedural and technical detail under the Cat Management Act 2009. They set out how cat management facilities are authorised, supervised, suspended and cancelled (Part 2, regs 4-15). They prescribe who may implant microchips, the manner of implantation and the precise data that must be entered into the approved microchip database, together with timeframes and record-keeping obligations (Part 3, regs 16-19). They specify how desexing is to be identified, classes of cats exempt from mandatory desexing rules, and required health checks for sale or transfer (Part 4 and relevant parts of Part 5, regs 20-23). The regulations also prescribe publication and notification methods for some applications (reg 24), empower the Secretary to approve codes of practice and standards that impose mandatory obligations on facilities and registered breeders (regs 13, 25), and create an infringement-notice schedule mapping many contraventions to penalty units (reg 29 and Schedule 1). Administrative publication requirements are included: approvals, cancellations and approvals of codes/standards are to be published in the Gazette (regs 5(5)(b), 10, 13(3), 25(2)). The regulations confer broad discretionary powers on the Secretary to grant, condition, suspend immediately (in some circumstances) and cancel approvals, and to make guidelines on access to the microchip database (regs 5, 6, 7, 8, 9, 19). Time-limited procedural rights are provided: an aggrieved person may apply to the Tasmanian Civil and Administrative Tribunal for review of a decision under Part 2 (reg 15, as amended). The instrument relies on external professional instruments where it prescribes the manner of microchipping and vaccination standards by reference to AVA policies (regs 17(1)(a)(ii), 22(a)). Penalty exposure is specified in the text (for several bespoke offences) and via the infringement notice Schedule which quantifies penalty units for numerous statutory and regulatory contraventions (reg 29 and Schedule 1).
Current sections
Direct links to the current provisions in Cat Management Regulations 2022.
AVA means The Australian Veterinary Association Ltd. (ABN 63 008 522 852), also known as the Australian Veterinary Association;
cat management facility approval, in relation to a cat management facility, means an approval in relation to the facility that is granted under regulation 5(4)(a) and that has not been surrendered or cancelled;
microchip database means the approved database where the prescribed details are entered in accordance with section 12(3) of the Act.
Part 2
Cat Management Facilities
Part 2 Cat Management Facilities
4
Prescribed cat management facilities
4 Prescribed cat management facilities
For paragraph (d) of the definition of cat management facility in section 4 of the Act, a facility, to which a cat management facility approval relates, that is operated by a person or organisation to which the approval relates is a cat management facility.
5
Approval to operate cat management facility
5 Approval to operate cat management facility
(1) A person or organisation may apply to the Secretary for approval to operate a facility as a cat management facility.
(i) the facility that is intended to be operated as a cat management facility; and
(ii) the size of the facility with reference to the building size and land size; and
(iii) the intended maximum number of cats to be housed at the facility; and
(c) provide full details in respect of –
(i) any offence, of which the applicant has been convicted, that involves or relates to an animal; and
(ii) all current approvals for the facility that are required under any Act for the facility to operate and that are held in relation to the facility.
(3) The Secretary may –
(a) request further information from a person or organisation that has made an application under subregulation (1) ; and
(b) take the further information into account when considering the application.
(4) The Secretary, on receiving an application under subregulation (1) from a person or organisation, may –
(a) grant to the person or organisation an approval (a cat management facility approval) to operate, as a cat management facility, a facility specified in the approval, subject to any conditions that the Secretary thinks fit, if the Secretary is satisfied –
(i) that the person or organisation is fit and proper to operate such a facility; and
(ii) that it is appropriate to approve the person or organisation to operate such a facility; or
(b) refuse to grant to the person or organisation an approval to operate, as a cat management facility, a facility, if the Secretary is not satisfied –
(i) that the person or organisation is fit and proper to operate such a facility; and
(ii) that it is appropriate to approve the person or organisation to operate such a facility.
(5) If the Secretary grants to a person or organisation under subregulation (4)(a) a cat management facility approval in relation to a cat management facility, the Secretary –
(a) is to inform the person or organisation in writing of –
(i) the approval and any conditions of the approval; and
(ii) the specific facility which may be operated under the approval; and
(b) is to cause the name of the person or organisation to be published in the Gazette as a person or organisation approved to operate, as a cat management facility, the facility specified in the notice.
(6) If the Secretary refuses to grant an application under subregulation (4)(b) , the Secretary is to provide to the applicant written reasons for the refusal.
6
Immediate suspension of approval to operate cat management facility
6 Immediate suspension of approval to operate cat management facility
(1) The Secretary may suspend the operation of a cat management facility, without complying with regulations 8 and 9 , if the person or organisation operating the cat management facility has been charged with an offence under the Animal Welfare Act 1993 , or any other Act, that the Secretary believes is so serious, due to the circumstances of the offence, that the operation of the cat management facility should be suspended immediately.
(2) The Secretary must give written notice of the following to the person or organisation operating the cat management facility to which a suspension under subregulation (1) relates:
(a) the reason for the suspension;
(b) that the suspension takes effect on receipt of the written notice by the person or organisation or an employee of the person or organisation;
(c) the requirements, if any, in respect of the cat management facility (which may, but are not required to, relate to cats at the facility) that must be satisfied, by the person or organisation operating the cat management facility, and the period within which the requirements must be satisfied.
(3) A person or organisation to which a written notice given under subregulation (2) relates must comply with the notice.
Penalty: Fine not exceeding 5 penalty units.
(4) Regulations 8 and 9 apply to the cancellation of a cat management facility approval that has been suspended under this regulation.
7
Grounds to suspend operations or cancel approval of cat management facility
7 Grounds to suspend operations or cancel approval of cat management facility
There are grounds for the Secretary to suspend under regulation 9(1)(a) the operation of a cat management facility, or to cancel under regulation 9(1)(b) a cat management facility approval in relation to a cat management facility, if the Secretary is satisfied that –
(a) the person or organisation operating the cat management facility, or an employee, of the person or organisation, who is employed at the cat management facility, has contravened the Act or a condition of the cat management facility approval; or
(b) an employee, of the person or organisation, who is employed at the cat management facility has been found guilty within the last 5 years of an offence in relation to an animal; or
(c) a person who, as a volunteer of the cat management facility, has –
(i) contravened the Act or a condition of the cat management facility approval; or
(ii) been found guilty within the last 5 years of an offence in relation to an animal; or
(d) the operation of the cat management facility is creating a nuisance; or
(e) it is in the public interest that the operation of the cat management facility be suspended or cancelled.
8
Notice of intention to suspend operations or cancel approval of cat management facility
8 Notice of intention to suspend operations or cancel approval of cat management facility
(1) The Secretary, before suspending under regulation 9(1)(a) the operation of a cat management facility, or cancelling under regulation 9(1)(b) a cat management facility approval in relation to a cat management facility, must give to the person or organisation operating the cat management facility a notice in writing in accordance with subregulation (2) .
(2) A notice under subregulation (1) to a person or organisation that operates a cat management facility is to –
(a) state that the Secretary is considering suspending the operation of the cat management facility or cancelling a cat management facility approval in relation to the cat management facility; and
(b) state the reasons why the Secretary considers that there are grounds for the suspension or cancellation; and
(c) if –
(i) the Secretary considers that the suspension or cancellation would not be required if steps were taken, to the satisfaction of the Secretary, by the person or organisation within a certain period or periods – specify those steps and the period or periods within which they may be taken; or
(ii) the Secretary considers that there are no steps that, if they were taken by the person or organisation, would have the effect that the suspension or cancellation would not be required – specify that there are no such steps; and
(d) state that the person or organisation may make written submissions to the Secretary, within the period specified in the notice, as to why –
(i) the operation of the cat management facility should not be suspended; or
(ii) the cat management facility approval in relation to the cat management facility should not be cancelled.
(3) A person or organisation to which a notice is given under subregulation (1) in relation to a cat management facility may, within the period specified, in accordance with subregulation (2)(d) , in the notice, make submissions as to why –
(a) the operation of the cat management facility should not be suspended; or
(b) the cat management facility approval should not be cancelled.
9
Suspension of operation and cancellation of approval of cat management facility
9 Suspension of operation and cancellation of approval of cat management facility
(1) The Secretary may –
(a) suspend the operation of a cat management facility; or
(b) cancel a cat management facility approval in relation to a cat management facility.
(2) The Secretary must not suspend under subregulation (1)(a) the operation of a cat management facility, or cancel under subregulation (1)(b) a cat management facility approval in relation to a cat management facility, unless –
(a) the Secretary has grounds to do so under regulation 7 ; and
(b) a notice has been given under regulation 8(1) to the person or organisation operating the cat management facility; and
(c) either –
(i) the Secretary has considered any submissions made under regulation 8(3) by the person or organisation; or
(ii) the period specified, in accordance with regulation 8(2)(d) , in the notice given under regulation 8(1) to the person or organisation has expired and no submission has been made under regulation 8(3) by the person or organisation; and
(d) if steps have been, in accordance with regulation 8(2)(c) , specified in the notice, the Secretary has considered whether the steps have been taken to the satisfaction of the Secretary within the period or periods specified, in accordance with regulation 8(2)(c) , in the notice.
(3) If the Secretary decides not to suspend the operation of a cat management facility, or not to cancel a cat management facility approval in relation to a cat management facility, the Secretary is to give the person or organisation operating the cat management facility written notice of that fact as soon as practicable after making the decision.
(4) If the Secretary suspends under subregulation (1)(a) the operation of a cat management facility, or cancels under subregulation (1)(b) a cat management facility approval in relation to a cat management facility, the Secretary is to give the person or organisation operating the cat management facility written notice of the following:
(a) the suspension or cancellation;
(b) the reasons for the suspension or cancellation;
(c) if the operation of the cat management facility is suspended, the day, on or after which the notice is given, on which the suspension takes effect and the period of suspension;
(d) if the cat management facility approval is cancelled, the day, on or after which the notice is given, on which the cancellation takes effect;
(e) the requirements, if any, in respect of the cat management facility (which may, but are not required to, relate to cats at the facility), that must be satisfied, by the person or organisation, within the period specified in the notice as the period within which the requirements must be satisfied.
(5) A person or organisation to which a written notice given under subregulation (4) relates must comply with the notice.
Penalty: Fine not exceeding 5 penalty units.
(6) The Secretary may revoke a suspension under this regulation before the period of the suspension is due to expire if the Secretary reasonably believes that it is appropriate to do so.
10
Notification of cancellation of cat management facility approval
10 Notification of cancellation of cat management facility approval
If a cat management facility approval is cancelled under regulation 9(1)(b) , the Secretary is to publish in the Gazette a notice specifying –
(a) the name of the person or organisation that held the approval; and
(b) the name of the cat management facility that was operated under the approval; and
(c) that the approval is cancelled; and
(d) the date on which the cancellation took effect or is to take effect.
11
Surrender of cat management facility approval
11 Surrender of cat management facility approval
(1) A person or organisation to which a cat management facility approval relates may, by notice in writing to the Secretary at least 15 working days before the surrender is to take effect, surrender to the Secretary the cat management facility approval.
(2) A person or organisation surrendering under subregulation (1) a cat management facility approval must ensure that arrangements are in place to rehome, sell or transfer any cats from the cat management facility before the approval is surrendered.
Penalty: Fine not exceeding 5 penalty units.
12
Transfer of approval to operate cat management facility
12 Transfer of approval to operate cat management facility
(1) A person, or organisation, to which a cat management facility approval relates may apply in writing to the Secretary to transfer the approval to another person or organisation.
(2) The Secretary may, on receiving an application under subregulation (1) in relation to a cat management facility approval –
(a) transfer the approval, if satisfied that –
(i) the person or organisation that is to operate the cat management facility under the transferred approval would be granted under regulation 5 a cat management facility approval in relation to the cat management facility if an application were made by the person or organisation under that regulation; and
(ii) it is appropriate to transfer the approval; or
(b) refuse to transfer the approval.
(3) If a cat management facility approval is transferred under this regulation to a person or organisation, the cat management facility approval is taken to be such an approval granted to the person or organisation and is taken to be subject to the same terms and conditions as such an approval.
13
Regulation of cat management facilities
13 Regulation of cat management facilities
(1) The Secretary may approve one or more codes of practice or standards in respect of cat management facilities.
(2) Before approving a code of practice or standards under subregulation (1) , the Secretary –
(a) may seek submissions, to be submitted within such a period and in such a manner as the Secretary directs, in respect of the draft code of practice or standards, from any person, or group, that the Secretary thinks fit; and
(b) is to take into account any such submissions that are made in respect of the draft code of practice or standards.
(3) The approval under subregulation (1) of a code of practice or standards, and the date on which the approval takes effect, are to be notified in the Gazette.
(4) A person or organisation that operates a cat management facility, an employee of such a person or organisation who is employed at the facility and a person who is a volunteer of the facility, must comply with each code of practice, and any standards, approved under subregulation (1) .
Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
14
Certificates
14 Certificates
The Secretary may issue, to a person or organisation to which a cat management facility approval has been granted under regulation 5 or transferred under regulation 12 , a certificate specifying that the person or organisation is approved to operate, as a cat management facility, the facility specified in the certificate.
For paragraph (a) in the definition of microchip implanter in section 4 of the Act, the following persons are prescribed persons:
(a) a veterinary surgeon;
(b) a person who is registered, or otherwise recognised, as a veterinary surgeon in another State or a Territory;
(c) a person who has successfully completed an approved course in the implantation of microchips in cats, who is also currently implanting microchips in cats –
(i) for a cat management facility; or
(ii) under the direct on-site supervision of a veterinary surgeon;
(d) a person who is implanting microchips in cats for the purposes of undertaking an approved course in the implantation of microchips in cats, provided that the person is implanting the microchips under the direct on-site supervision of a veterinary surgeon.
17
Prescribed manner of microchipping
17 Prescribed manner of microchipping
(1) For section 12(1) of the Act, a cat is implanted with a microchip in a prescribed manner if –
(a) the microchip is implanted –
(i) by a microchip implanter; and
(ii) in a manner consistent with the provisions of AVA Policy on Electronic Identification of Animals – Microchip, ratified by the AVA on 8 April 2016 and as amended or substituted from time to time, that relate to the implantation of a microchip in a cat; or
(b) the cat was implanted with a microchip before the commencement of the Act.
(2) A person must not implant a microchip in a cat unless the person is a microchip implanter.
Penalty: Fine not exceeding 5 penalty units.
18
Details to be entered into microchip database
18 Details to be entered into microchip database
(1) For section 12(3) of the Act, the prescribed details to be entered in the microchip database in respect of each cat that is implanted with a microchip under the Act are as follows:
(a) the name, residential address and contact number of the owner of the cat;
(b) an alternative contact and contact number for the owner of the cat, if available;
(c) the address and municipal area in which the cat resides, if the address is different from the residential address under paragraph (a) ;
(d) the name of the cat;
(e) the breed of the cat, if known;
(f) whether or not the cat has been desexed;
(g) the colouring of the cat;
(h) the date of birth of the cat or, if the date of birth is not known, the approximate age of the cat;
(i) the unique identification number of the microchip;
(j) the date of implantation of the microchip;
(k) the full name of the microchip implanter;
(l) the business address of the microchip implanter.
(2) For the purposes of section 12(3) of the Act, a person is taken to have provided the prescribed details in relation to a microchip implanted before the commencement of the Act if the person complied with any request for information by the microchip implanter at the time at which the cat was microchipped.
(3) The owner of a cat that has been implanted with a microchip, whether before or after the commencement of the Act, is to ensure that the microchip database provider is notified of a change in any of the details specified in subregulation (1) within 30 days after the change has occurred.
(4) A microchip implanter must keep a record of the details required to be entered under section 12(3) of the Act until the microchip implanter has confirmation that the information has been recorded by the microchip database provider.
Penalty: Fine not exceeding 10 penalty units.
(5) A person must enter the prescribed details, specified in subregulation (1) , in the microchip database within 7 days after a cat is microchipped.
Penalty: Fine not exceeding 10 penalty units.
19
Access to information in microchip database
19 Access to information in microchip database
(1) The Secretary may determine guidelines in respect of any one or more of the following:
(a) access to information in the microchip database;
(b) the reasons for permitting access to that information;
(c) how information received from the database may be used.
(2) A person must comply with any guidelines determined under this regulation.
Penalty: Fine not exceeding 5 penalty units.
Part 4
Desexing of Cats
Part 4 Desexing of Cats
20
Identification of desexing
20 Identification of desexing
(1) The Secretary may approve a mark to be used to identify that a cat is desexed.
(2) For section 14(3) of the Act, the mark approved by the Secretary under subregulation (1) is the mark that is to be permanently marked by a veterinary surgeon, or by a person under the direct on-site supervision of a veterinary surgeon, inside the left ear of a cat to identify that the cat is desexed.
21
Cats not required to be desexed
21 Cats not required to be desexed
For section 14(2)(c) of the Act, the following are members of a prescribed class of cats:
(a) a cat that is registered with an approved organisation to be shown at an event that is organised or sanctioned by that organisation;
(b) a cat that is purchased, by a member of an approved organisation, to be shown at an event that is organised or sanctioned by that organisation.
Part 5
Miscellaneous
Part 5 Miscellaneous
22
Prescribed health checks
22 Prescribed health checks
For section 15(1)(e) of the Act, the following health checks are prescribed:
(a) a cat is to be vaccinated to a level of F3 (Feline 3), or with the core vaccinations, that are recommended by AVA Vaccination of Dogs and Cats ratified on 6 August 2018, as amended from time to time, as appropriate for the age of the cat to be vaccinated;
(b) a cat is to be free from external parasites and to have received at least one treatment for internal worms.
23
Sale of cat that is not desexed to person in another State or a Territory
23 Sale of cat that is not desexed to person in another State or a Territory
For section 15(2)(c) of the Act, section 15(1) of the Act does not apply to the sale of a cat that is not desexed to a person in another State or a Territory, if the person is permitted, in accordance with the law of that State or Territory, to have a cat that is not desexed.
24
Prescribed manner of notification of application to keep more than 4 cats
24 Prescribed manner of notification of application to keep more than 4 cats
For section 16B(3)(b) of the Act, the prescribed manner in which an applicant must publish the required notice is by doing any one or more of the following:
(a) placing the notice, for a period of not less than 14 days, at the main entry point to the individual property to which the application relates, in a way so that the notice is visible to, and able to be read by, people passing by the entry point;
(b) causing the notice to be published in a daily newspaper circulating within the municipal area in which the individual property to which the application relates is situated.
25
Approval of code of practice or standards and obligations of registered breeders to comply with code of practice or standards
25 Approval of code of practice or standards and obligations of registered breeders to comply with code of practice or standards
(1) The Secretary may approve a code of practice that contains, or standards that contain, obligations in respect of registered breeders.
(2) The approval of a code of practice or standards under subregulation (1) , and the date on which the approval takes effect, is to be notified in the Gazette.
(3) A registered breeder must comply with a code of practice, or standards, approved under subregulation (1) .
Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
26
Obligations of holders of multiple cat permits or cat breeding permits
26 Obligations of holders of multiple cat permits or cat breeding permits
(1) The holder of a multiple cat permit must comply with any conditions to which the permit is subject.
Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
(2) The holder of a cat breeding permit must comply with any conditions to which the permit is subject.
Penalty: Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.
27
Cats in prohibited areas
27 Cats in prohibited areas
For section 18(2) and section 18(4) of the Act, the prescribed circumstances, in which cat management action may not be taken in respect of a cat in a prohibited area, are if the cat is –
(a) being transported on a road through the prohibited area that does not terminate in the prohibited area; and
(b) confined or restrained in a manner that prevents escape while being transported through the prohibited area.
28
Displaying of remains
28 Displaying of remains
(1) In this regulation –
taxidermist means a person who –
(a) is a member of an approved organisation relating to taxidermy; or
(b) holds an approved licence, or other approved authorisation, relating to taxidermy.
(2) For section 28(3) of the Act, the remains of a cat may be displayed if –
(a) the remains have been prepared and preserved by a taxidermist; or
(b) the Secretary has approved the display containing the remains.
These regulations are administered in the Department of Natural Resources and Environment Tasmania.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Cat Management Regulations 2022 .
2 Commencement
2 Commencement
These regulations take effect on the day on which their making is notified in the Gazette.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Cat Management Act 2009 ;
AVA means The Australian Veterinary Association Ltd. (ABN 63 008 522 852), also known as the Australian Veterinary Association;
cat management facility approval, in relation to a cat management facility, means an approval in relation to the facility that is granted under regulation 5(4)(a) and that has not been surrendered or cancelled;
microchip database means the approved database where the prescribed details are entered in accordance with section 12(3) of the Act.
Part 2 Cat Management Facilities
Part 2 Cat Management Facilities
4 Prescribed cat management facilities
4 Prescribed cat management facilities
For paragraph (d) of the definition of cat management facility in section 4 of the Act, a facility, to which a cat management facility approval relates, that is operated by a person or organisation to which the approval relates is a cat management facility.
5 Approval to operate cat management facility
5 Approval to operate cat management facility
(1) A person or organisation may apply to the Secretary for approval to operate a facility as a cat management facility.
(2) An application under subregulation (1) is to –
Main concepts
The regulations organise around a small set of recurring operational concepts that allocate decision-making authority, impose time limits and require particular documentation.
Cat management facility approval: An approval is a precondition to operate certain facilities as cat management facilities (reg 5). Applications must be in an approved form and include facility identification, building/land sizes, intended maximum cat numbers, and prior offending and other approvals (reg 5(2)). The Secretary may impose conditions (reg 5(4)(a)) and must publish approved operators in the Gazette (reg 5(5)(b)).
Secretariat discretion and procedural scaffolding: The Secretary has broad powers to request further information (reg 5(3)), to grant, condition, refuse, suspend (including immediate suspension in defined circumstances, reg 6), cancel (reg 9), transfer approvals (reg 12), approve codes and standards (reg 13), and approve marks for desexing identification (reg 20). Procedural protections require a notice of intention and an opportunity to make submissions before suspension or cancellation in most cases (regs 8-9), but an immediate suspension power exists where the Secretary believes a charged offence is sufficiently serious (reg 6(1)).
Codes/standards as enforceable instruments: The Secretary may approve codes/standards applicable to cat management facilities and registered breeders (regs 13, 25). Compliance is mandatory and failure carries penalties up to 20 penalty units and continuing daily fines (regs 13(4) and 25(3)).
Microchipping regime: The regulations define who may implant microchips (prescribed microchip implanters, reg 16), require that implantation be done in a manner consistent with a named AVA policy unless implanted before commencement of the Act (reg 17(1)), and prescribe a comprehensive list of details that must be entered into the microchip database (reg 18(1)). Timelines: database entry within 7 days (reg 18(5)), owners must notify database provider of changes within 30 days (reg 18(3)), and implanters must keep records until confirmation of database entry (reg 18(4)). The Secretary can set guidelines for access to and use of microchip database information (reg 19).
Desexing and identification: The Secretary approves a permanent mark for desexing identification to be inserted inside the left ear by a veterinary surgeon or under direct on-site supervision (reg 20). A specified class of cats (primarily show cats associated with approved organisations) are prescribed as not required to be desexed (reg 21).
Miscellaneous operational rules: Health checks (vaccination to AVA F3/core levels and parasite/worm treatment) are prescribed (reg 22). Sale of non-desexed cats to persons in other States/Territories is excluded where the receiving jurisdiction permits non-desexed cats (reg 23). Public notification methods for applications to keep more than four cats are prescribed (reg 24).
Enforcement architecture: Offences are subject to penalties expressed in penalty units in the body of the regulations and via the infringement notice Schedule (reg 29 and Schedule 1), creating an administrative enforcement stream for many contraventions.
Each of these concepts shifts duties onto particular actors,facility operators, microchip implanters, cat owners, registered breeders,and concentrates decision-making authority with the Secretary, with defined but sometimes short procedural safeguards.
Who it affects
The regulations create regulatory obligations and administrative interactions for a defined set of actors; responsibilities and exposure differ by role.
Persons and organisations operating cat management facilities: They are the primary regulated party under Part 2. They must apply for approval to operate (reg 5), supply detailed facility information (reg 5(2)), comply with conditions on approvals, comply with any approved codes or standards (reg 13(4)), and may be subject to immediate suspension if charged with a serious animal-related offence (reg 6(1)). They must also comply with notices following suspension or cancellation (regs 6(2)-(3); 9(4)-(5)), may surrender approvals but must give at least 15 working days’ notice and ensure rehoming/sale/transfer arrangements for cats before surrender (reg 11(1)-(2)), and may seek a transfer of approval subject to Secretary satisfaction (reg 12).
Employees and volunteers at cat management facilities: Grounds for suspension or cancellation include contraventions by employees or volunteers or an employee/volunteer having been found guilty in the last five years of an offence in relation to an animal (reg 7(a)-(c)). Codes and standards approved by the Secretary explicitly bind employees and volunteers as well as operators (reg 13(4)).
Microchip implanters and veterinary professionals: Regulation 16 prescribes who is a microchip implanter: veterinary surgeons, interstate-registered vets, people who have completed an approved implantation course and are implanting under qualified supervision, and trainees implanting under direct on-site supervision (reg 16(a)-(d)). Microchip implanters must ensure implantation occurs in the prescribed manner (reg 17(1)) and must maintain and retain records until database confirmation (reg 18(4)); they face fines for breaches (reg 17(2), reg 18(4)-(5)).
Cat owners: Owners must ensure the required microchip data are entered into the microchip database and must notify the database provider of any change in prescribed details within 30 days (reg 18(3)). Owners of cats being desexed must accept the approved mark if desexing occurs (reg 20(2)). Owners who surrender approvals (as operators) have the duty to arrange rehoming before surrender (reg 11(2)).
Registered breeders and holders of multiple cat or breeding permits: Registered breeders are bound by any Secretary-approved code or standards with potentially significant penalties for non-compliance (reg 25). Holders of multiple cat permits or breeding permits must comply with permit conditions (reg 26(1)-(2)).
Microchip database providers and data users: The Secretary may determine guidelines for access to and use of information in the microchip database and those accessing the database must comply (reg 19). Microchip database providers are the recipients of prescribed data (reg 18(1)) and thereby subject to any Secretary guidelines.
The Secretary and administering department: The Secretary of the administering Department (Natural Resources and Environment Tasmania per Gazette note) is the primary decision-maker: approving facilities, codes, marks, and exercising suspension and cancellation powers (many regs throughout Part 2-5). The Secretary also has functions in publishing notices in the Gazette (regs 5(5)(b), 10, 13(3), 25(2)).
The Tasmanian Civil and Administrative Tribunal (TCAT): As the review body for decisions made under Part 2 (reg 15), TCAT is a formal avenue of merits review for aggrieved persons.
Who pays: compliance costs are borne mainly by facility operators (application, conditions, reporting, codes), microchip implanters (training and record-keeping), owners (database updates), and registered breeders (standards compliance). The Department/Secretary bears administrative costs of processing applications, publishing notices and setting/monitoring codes and guidelines.
Key duties and rights
This section sets out the principal duties (what regulated parties must do) and rights (what procedural or substantive protections exist) in the regulations.
Duties
Application and information duties for facility applicants: Applicants must submit applications in an approved form and include the facility details, building/land sizes, intended maximum cat numbers, convictions for animal-related offences and other current approvals under any Act (reg 5(1)-(2)). The Secretary may request further information (reg 5(3)).
Compliance with approval conditions and codes: Operators, employees and volunteers must comply with conditions attached to approvals and with any approved code of practice or standards (reg 5(4)(a); reg 13(4)). Registered breeders must comply with any codes/standards approved under reg 25 (reg 25(3)). Holders of multiple cat permits and breeding permits must comply with permit conditions (reg 26(1)-(2)).
Immediate compliance on suspension or cancellation: If the Secretary suspends a facility under immediate suspension powers or issues a suspension/cancellation after procedure, the operator must comply with the written notice and any specified requirements (regs 6(2)-(3), 9(4)-(5)). Failure to comply attracts penalties (reg 6(3); reg 9(5)).
Microchipping duties: Only prescribed microchip implanters may implant microchips (reg 17(2)). Implantation must be in the prescribed manner,i.e., by a microchip implanter and consistent with AVA Policy on Electronic Identification of Animals - Microchip, ratified 8 April 2016, as amended (reg 17(1)(a)(i)-(ii)). The prescribed data items for entry into the microchip database are listed exhaustively (reg 18(1)(a)-(l)). Data must be entered into the database within seven days of microchipping (reg 18(5)). Microchip implanters must keep records until confirmation of database entry (reg 18(4)). Owners must notify the microchip database provider of changes to any prescribed details within 30 days (reg 18(3)).
Identification of desexing: The Secretary may approve a mark and that mark is to be permanently marked inside the left ear by a veterinary surgeon or under direct on-site supervision (reg 20(1)-(2)).
Health checks and pre-sale conditions: Prescribed health checks include vaccination to F3/core level recommended by AVA vaccination guidance (reg 22(a)), and freedom from external parasites and at least one internal worm treatment (reg 22(b)).
Rights
Procedural notice and opportunity to be heard: Before a suspension or cancellation under reg 9, the Secretary must give written notice of intention, state reasons, specify steps that could avoid suspension/cancellation where applicable, and allow written submissions within the specified period (reg 8(1)-(3)). Under reg 9(2) the Secretary must not suspend or cancel unless the grounds exist (reg 7), the notice was given, and either submissions have been considered or the period to submit has expired (reg 9(2)(a)-(c)).
Immediate suspension with notice: The Secretary may suspend immediately in certain charged-offence situations (reg 6(1)), but must give written notice stating reasons, the effective date and any requirements to be met with timeframes (reg 6(2)). Compliance is mandatory but subject to penalty for non-compliance (reg 6(3)).
Review right: An aggrieved person may apply to the Tasmanian Civil and Administrative Tribunal for review of decisions under Part 2 (reg 15).
Transfer and surrender processes: Approvals may be transferred (reg 12), or surrendered with advance notice and rehoming arrangements (reg 11), providing administrative exit and transfer pathways.
Public notification: Approvals, code approvals and cancellations must be published in the Gazette (regs 5(5)(b), 10, 13(3), 25(2)), creating public transparency.
Enforcement mechanisms include civil penalties expressed as fines and the infringement-notice regime (reg 29 and Schedule 1), and the regulations attach specific penalty unit exposure to several contraventions (see Schedule 1 and individual penalty statements in the body of the regulations).
Penalties and enforcement
Enforcement under the regulations is a mix of specified fines in the body of the regulations, an infringement-notice regime with quantified penalty units (Schedule 1), and regulatory powers to suspend, revoke or otherwise restrict operation of cat management facilities.
Monetary penalties and infringement notices
The regulations refer throughout to fines expressed in penalty units for specified breaches. Examples in the body text include fines not exceeding 5 penalty units for failing to comply with an immediate suspension notice (reg 6(3)) and for failing to comply with a suspension/cancellation notice (reg 9(5)). Other specified penalties include fines up to 10 penalty units for microchip record-keeping and late database entry offences (reg 18(4)-(5)), and up to 20 penalty units (and continuing daily fines) for non-compliance with codes/standards for cat management facilities and registered breeders (regs 13(4), 25(3)).
Regulation 29 implements an infringement-notice framework by prescribing a list of offences in Schedule 1 and associating penalty units to them. Schedule 1 maps numerous sections and regulations to specific penalty unit amounts. For instance, Schedule 1 lists Section 12(1) as 1 penalty unit, Regulation 17(5) as 5 penalty units, Regulation 18(5) as 1 penalty unit, Regulation 6(3) as 3 penalty units, and Regulation 13(4) and similar entries with first/second or subsequent offences listed as 3 units (Schedule 1 entries must be read as displayed). The Schedule operationalises an administrative, expiable pathway for resolution of many contraventions.
Administrative enforcement powers
Suspension, immediate suspension and cancellation: The Secretary may suspend operation of a cat management facility (reg 9(1)(a)) or cancel an approval (reg 9(1)(b)) but must have grounds under reg 7 and follow the notice and submissions procedure in regs 8-9. A specific immediate suspension power exists where an operator has been charged with an offence under the Animal Welfare Act 1993 or any other Act and the Secretary believes the circumstances justify immediate suspension; immediate suspension may be exercised without compliance with regs 8-9 (reg 6(1)-(2)).
Conditions and codes: The Secretary may attach conditions to approvals (reg 5(4)(a)) and approve codes/standards that are compulsory (reg 13(4)) with penalties for breach (reg 13(4)).
Procedural protections and review
The Secretary must give written reasons when refusing an application (reg 5(6)). Before non-immediate suspension or cancellation the Secretary must give notice, state reasons, specify remedial steps if any, and allow submissions within a stated period (regs 8-9). The regulations explicitly provide a merits review right to the Tasmanian Civil and Administrative Tribunal for decisions under Part 2 (reg 15).
Operational enforcement sequencing and legal risk
Immediate suspension (reg 6) creates a sequence in which the Secretary can act before full process in situations involving criminal charges. The Secretary must later apply the procedural steps in regs 8-9 in relation to cancellation resulting from an immediate suspension (reg 6(4)). Non-compliance with written suspension/cancellation notices and with codes/standards attracts fines and, where the infringement-notice route is used, specified penalty unit amounts per Schedule 1.
Publication of cancellations, approvals and codes in the Gazette is a publication-based enforcement and transparency mechanism (regs 5(5)(b), 10, 13(3), 25(2)).
Taken together, the enforcement architecture combines administrative powers that directly affect operating status (suspend/cancel), monetary penalties for breaches of duties (body provisions and Schedule 1), and an infringement-notice pathway for many contraventions.
How it interacts with other laws
The regulations are subordinate instruments to the Cat Management Act 2009 and interact explicitly with a small number of other statutory frameworks and external instruments.
Interaction with the Cat Management Act 2009
The regulations operationalise multiple provisions of the Act by prescribing details the Act requires. Numerous cross-references throughout refer to the Act’s sections (for example, the definition of cat management facility in s 4 is supplemented by reg 4; microchipping provisions supplement s 12 via regs 16-19; desexing and related marking and exemptions engage s 14 via regs 20-21; health checks and sale exemptions interact with s 15 via regs 22-23; notification of applications to keep more than four cats interacts with s 16B via reg 24). The regulations must be read alongside the Act to see the full statutory scheme.
Interaction with criminal and animal welfare law
The Secretary’s immediate suspension power (reg 6(1)) is triggered when an operator has been charged with an offence under the Animal Welfare Act 1993, or any other Act. The regulation therefore links the administrative licensing system to criminal/penal enforcement under the Animal Welfare Act and other statutes, and allows the Secretary to act administratively upon the laying of charges rather than upon conviction.
Interaction with professional and industry instruments (AVA materials)
The regulations incorporate and rely on documents produced by the Australian Veterinary Association (AVA). Microchipping implantation must be “in a manner consistent with the provisions of AVA Policy on Electronic Identification of Animals - Microchip, ratified by the AVA on 8 April 2016 and as amended or substituted from time to time” (reg 17(1)(a)(ii)). Vaccination standards reference “AVA Vaccination of Dogs and Cats ratified on 6 August 2018, as amended from time to time” for F3/core recommendations (reg 22(a)). That linkage delegates technical standards to an external professional body and makes compliance contingent on those documents as they are updated.
Interaction across jurisdictions
Regulation 16 prescribes microchip implanters to include persons registered as veterinary surgeons in another State or a Territory (reg 16(b)), explicitly recognising interstate registration. Regulation 23 excludes application of section 15(1) of the Act (sale requirements) to sale of a non-desexed cat to a person in another State or Territory when the receiving jurisdiction permits non-desexed cats; that creates an interstate exception to the Act’s desexing sale rule (reg 23).
Administrative publication law and Gazette requirements
Multiple provisions require publication in the Gazette of approvals and cancellations (regs 5(5)(b), 10, 13(3), 25(2)). Those requirements engage the Rules Publication Act 1953 formatting and notification practices as shown by the Schedule’s display note.
Data protection and privacy implications (delegated guidance)
The Secretary may determine guidelines concerning access to and use of microchip database information (reg 19). While the regulations do not set data-protection rules, that delegation creates an interface with any separate privacy and data-protection legislative regime; regulated parties must comply with Secretary-determined guidelines on database access and use.
Overall, the regulations translate Act-level obligations into operational rules, import external professional standards for technical matters, and create interlocks with animal welfare offences and interstate regulatory regimes.
Amendment history
The regulations contain a small, explicit amendment record within the instrument and incorporate external documents that are themselves subject to amendment.
Internal amendment noted: Regulation 15 includes a bracketed amendment note: “[Regulation 15 Amended by No. 7 of 2025, s. 59, Applied:01 Jul 2025]”. The amended text now provides that a person aggrieved by a decision of the Secretary under Part 2 may apply to the Tasmanian Civil and Administrative Tribunal for a review of that decision (reg 15). The note records the amending instrument’s number and the applied date. No other internal amendment notes are printed in the provided text.
Commencement and Gazette notification: The regulations are cited as the Cat Management Regulations 2022 (reg 1) and commence on the day their making is notified in the Gazette (reg 2). The instrument was notified in the Gazette on 21 December 2022 (publication note at the end).
Reliance upon external instrument updates: The microchipping and vaccination prescriptive references tie compliance to AVA materials “as amended or substituted from time to time” (reg 17(1)(a)(ii); reg 22(a)). These references mean technical standards can change without amendment to these regulations; compliance obligations move automatically with updates to the named AVA policies.
Schedule and technical updates: The infringement notice Schedule (Schedule 1) is displayed in accordance with the Rules Publication Act 1953. Any amendment to Schedule 1 (for example, additions, penalty changes or mapping changes) would require regulatory amendment and Gazette re-notification.
Administrative custody: The final note states the regulations are administered in the Department of Natural Resources and Environment Tasmania. Shifts in administrative responsibility or ministerial authorisation would typically be included in amending instruments.
The only explicit amending event recorded in the text supplied is the 2025 amendment to reg 15; other changes to external standards (AVA policies) are foreseen by the regulatory cross-references but are not recorded as regulatory amendments.
Litigation history
The provided instrument contains no case law, judicial decisions or examples of litigation arising under it. It references procedural review rights (reg 15), including the route to the Tasmanian Civil and Administrative Tribunal for persons aggrieved by decisions under Part 2, but the text does not report any tribunal or court decisions, appeals or judicial interpretations.
Because the regulations are administrative and prescriptive, litigation that could arise would typically concern:
merits review of Secretary decisions under Part 2 (which reg 15 directs to the Tasmanian Civil and Administrative Tribunal), for example refusal, suspension or cancellation of a cat management facility approval, or refusal to transfer an approval;
judicial review grounds (not mentioned in the regulation itself) where a party might challenge the lawfulness or reasonableness of a Secretary exercise of power (immediacy of suspension under reg 6, reasonableness of conditions under reg 5, or the application of reg 7 grounds), though no reported cases are included in the source;
disputes over interpretation or compliance with codes/standards approved under regs 13 or 25 and the imposition of fines under reg 13(4) or reg 25(3); and
challenges related to data access or privacy arising from guidelines promulgated under reg 19, though the instrument does not reference related privacy legislation or judicial rulings.
Absent court or tribunal decisions in the source, practitioners should treat reg 15 as the procedural avenue for merits review but must look beyond these regulations and into tribunal and court records to establish any litigation history. The instrument itself does not provide such history.
Gotchas
This regulations text contains several features that create legal and practical pitfalls if overlooked. These items are drawn directly from the text and identify where compliance risk, timing risk, delegated standard-setting or administrative discretion create operational exposure.
Immediate suspension on mere charge: Regulation 6(1) allows the Secretary to suspend an approval immediately if the operator has been charged with an offence under the Animal Welfare Act 1993 or any other Act and the Secretary believes the circumstances justify immediate suspension. This is an administrative unilateral power exercisable before any finding of guilt. The immediate suspension procedure does not require prior compliance with regs 8 and 9, although reg 6(4) cross-references that regs 8 and 9 then apply to any cancellation arising from the suspension. Operators should not assume procedural delay before suspension.
Short procedural windows and mandatory compliance with notices: When an immediate suspension or a suspension/cancellation takes effect, the Secretary must give written notice stating requirements and timeframes (reg 6(2); reg 9(4)). The recipient must comply with the notice, and failure carries penalties (reg 6(3); reg 9(5)). The duty to comply is immediate once notice is received.
Broad Secretary discretion and delegated standards: The Secretary can approve codes/standards and determine guidelines for database access (regs 13, 19). These instruments are legally binding and carry heavy penalties for non-compliance (reg 13(4) and reg 25(3)). The Secretary also adopts external AVA policies as prescriptive technical standards (regs 17(1)(a)(ii), 22(a)), making regulated parties dependent on an external body’s technical documents which may change “from time to time”.
Microchip data scope and timeframes: The required microchip database fields are extensive and include owner names, residential addresses, alternative contact details, municipal area, cat details (breed, colour, desexing status), microchip unique ID and implanter business address (reg 18(1)). Data entry into the database must occur within 7 days of microchipping (reg 18(5)) and owners must notify database providers of any change within 30 days (reg 18(3)); implanters must retain records until confirmation of database entry (reg 18(4)). These deadlines are short and the implanter/owner bears exposure to fines (reg 18(4)-(5)).
Surrender requirements create exit obligations: An operator surrendering an approval must give at least 15 working days’ notice and ensure arrangements are in place to rehome, sell or transfer any cats before surrender (reg 11(1)-(2)). Surrender is not an administrative formality; it carries a substantive duty concerning the animals.
Transfer treated as same approval: When an approval is transferred, it is taken to be the same approval granted to the transferee and subject to the same terms and conditions (reg 12(3)). Transferees inherit existing conditions; this could include ongoing remedial conditions or compliance obligations.
Codes/standards penalties formatted in Schedule: The infringement notice Schedule maps many offences to penalty units. Practitioners should not rely solely on penalties mentioned in the body of a particular regulation; Schedule 1 operationalises many infringement penalties (reg 29 and Schedule 1). The Schedule contains rows with principal offences and penalty unit amounts and some composite entries (for first/second offences) that require careful reading.
Exceptions for show cats and interstate sales: The desexing exemptions for registered/show cats (reg 21) and the cross-jurisdictional sale exception (reg 23) mean that compliance obligations vary by the receiving context or the cat’s intended purpose; this complicates sale and transfer compliance.
Publication obligations: Approvals and cancellations must be published in the Gazette (regs 5(5)(b), 10). Publication is an administrative action that affects reputational exposure and public notice obligations.
Vagueness and discretionary terms: Terms like “fit and proper” (reg 5(4)(a)(i)), “appropriate to approve” (reg 5(4)(a)(ii)), and “in the public interest” (reg 7(e)) embed subjective assessments. The Secretary must provide written reasons when refusing applications (reg 5(6)) but discretionary language increases litigation and review risk.
Data-access rules left to Secretary guidelines: Reg 19 permits the Secretary to determine guidelines on access to microchip database information and its use. The content of those guidelines will materially affect how data can be used by councils, shelters and private parties; until guidelines are issued, uncertainty persists.
These points highlight areas where administrative discretion, time-critical duties, and reliance on external standards can generate compliance traps. Parties should plan for short deadlines, recordkeeping and the possibility of non-merits immediate administrative action.
How to comply
Below is a practical compliance checklist structured to reflect the principal regulated activities and duties under the regulations. Each item cites the relevant regulation(s) so the practitioner can verify text and timings.
For persons or organisations seeking to operate a cat management facility (Part 2)
Prepare application: Use the approved form and include: identification of the facility; building and land sizes; intended maximum number of cats; details of any animal-related conviction; and all current approvals required under any Act for the facility (reg 5(1)-(2)). Keep documentary evidence for each item.
Respond to queries: Be ready to supply further information if requested by the Secretary and to have that information considered as part of the application (reg 5(3)).
Demonstrate fitness: Collect records to evidence that the organisation and key personnel are “fit and proper”, including staff/volunteer histories, governance documents and evidence of appropriate training or qualifications (reg 5(4)(a)(i)).
Prepare for conditions: Expect the approval to be conditioned; design operational plans (health, quarantine, staffing ratios, animal welfare procedures) to meet possible conditions (reg 5(4)(a)(ii)).
Publication compliance: Note that approvals and cancellations are to be published in the Gazette; prepare for public notice and any reputational considerations (reg 5(5)(b); reg 10).
Codes of practice: Monitor Secretary notices and adopt any approved codes/standards promptly because compliance is mandatory and penalties are significant (reg 13(1), (4)).
Surrender and transfer procedures: If planning to exit or transfer, give at least 15 working days’ written notice for surrender and ensure cats are rehoused/sold/transferred before surrender takes effect (reg 11(1)-(2)). For transfer, apply in writing and demonstrate that the transferee meets the same standards as a new applicant (reg 12(1)-(2)).
Respond to notices: If a notice of intention to suspend or cancel is received, prepare written submissions on remedial steps within the period stated and timely evidence of steps taken, because regs 8-9 require consideration of submissions or expiry of the submission period before suspension/cancellation (regs 8-9).
Microchipping compliance (Part 3)
Ensure authorised implanters: Only persons falling within reg 16 may implant microchips: veterinary surgeons (including interstate-registered vets) and persons who have completed an approved implantation course and are working under direct on-site supervision, or trainees under supervision (reg 16).
Use prescribed manner: Implant microchips in a manner consistent with the AVA microchip policy (AVA Policy on Electronic Identification of Animals - Microchip, ratified 8 April 2016), unless the cat was implanted before commencement of the Act (reg 17(1)). Document the method used and the identity of the implanter.
Enter prescribed details: For every implanted cat, enter the full set of prescribed details into the approved microchip database within 7 days (reg 18(1), (5)). The list includes owner name, residential address, alternative contact, municipal address if different, cat name, breed (if known), desexing status, colouring, date of birth/approximate age, microchip unique ID, date of implantation, and full name and business address of the microchip implanter (reg 18(1)(a)-(l)).
Record retention: Microchip implanters must retain records of those details until confirmation that the microchip database provider has recorded the information (reg 18(4)). Keep confirmation receipts or electronic logs.
Owner notification: Cat owners must ensure the microchip database provider receives notification of changes to any prescribed details within 30 days of the change (reg 18(3)). Implement an owner-facing checklist and reminders for contact-detail updates.
Follow Secretary guidelines for database access: Comply with any Secretary-determined guidelines on who may access the database, why access is permitted, and permitted uses of the information (reg 19). Monitor the Department’s website or Gazette for guidelines and implement appropriate privacy practices.
Desexing, identification and health checks (Part 4 and reg 22)
Desexing identification: If desexing, perform the permanent mark inside the left ear as approved by the Secretary and ensure a veterinary surgeon or a person under direct on-site supervision performs the marking (reg 20(1)-(2)). Retain veterinary records showing the marking.
Exempt classes: For cats that are registered with approved show organisations, confirm whether they fall within the prescribed exemption class before refusing desexing (reg 21).
Pre-sale health checks: For sales and transfers requiring prescribed checks, ensure vaccinations meet F3/core AVA recommendations (as amended) and that the cat is free of external parasites and has received at least one internal worming treatment (reg 22).
Other compliance items
Publications for applications over 4 cats: When applying to keep more than four cats, publish the prescribed notice either at the property main entry visible for at least 14 days or in a daily newspaper circulating in the municipal area (reg 24).
Breeder codes and permit compliance: Registered breeders and permit holders must comply with Secretary-approved codes/standards and any permit conditions. Monitor Gazette notices for approved codes and maintain documented compliance measures to avoid significant fines and daily continuing penalties (regs 25, 26).
Manage volunteers and employees: Because employee/volunteer convictions or contraventions can be grounds for suspension/cancellation (reg 7(a)-(c)), establish screening, supervision and reporting policies and retain records of staff compliance and training.
Manage risks of immediate suspension: If charged with an offence under the Animal Welfare Act 1993 or any other Act, expect possible immediate suspension of facility approval (reg 6(1)). Maintain incident reporting procedures and legal counsel contact details to respond promptly to any written notice under reg 6(2).
Record-keeping and audit readiness
Maintain an organised, auditable record-keeping system covering applications, approvals, conditions, microchip confirmations, vaccination records, desexing-mark photographs or vet statements, staff and volunteer histories, training certificates, and correspondence with the Secretary. Many compliance duties are time-sensitive (7-30 days) or condition-based and regulators will expect documentary evidence.
Review and dispute routes
If a decision under Part 2 is adverse, note the right to apply to the Tasmanian Civil and Administrative Tribunal for review (reg 15). Timeframes for tribunal applications are not specified in these regulations; seek TCAT procedural guidance early.
Monitoring and updates
Monitor the Gazette and the Department’s communications for: approved codes and standards (regs 13(3), 25(2)), guidance on microchip database access (reg 19), and any alterations to AVA-referenced standards. Because the regulations expressly adopt AVA documents “as amended or substituted”, maintain subscriptions or lines to AVA updates to ensure technical compliance (regs 17(1)(a)(ii), 22(a)).
Taken together, compliance requires administrative discipline, short-deadline responsiveness (7 and 30 day obligations), proactive staff and volunteer screening, and active monitoring of Secretary publications and AVA standards.
(i) the facility that is intended to be operated as a cat management facility; and
(ii) the size of the facility with reference to the building size and land size; and
(iii) the intended maximum number of cats to be housed at the facility; and
(c) provide full details in respect of –
(i) any offence, of which the applicant has been convicted, that involves or relates to an animal; and
(ii) all current approvals for the facility that are required under any Act for the facility to operate and that are held in relation to the facility.
(3) The Secretary may –
(a) request further information from a person or organisation that has made an application under subregulation (1) ; and
(b) take the further information into account when considering the application.
(4) The Secretary, on receiving an application under subregulation (1) from a person or organisation, may –
(a) grant to the person or organisation an approval (a cat management facility approval) to operate, as a cat management facility, a facility specified in the approval, subject to any conditions that the Secretary thinks fit, if the Secretary is satisfied –
(i) that the person or organisation is fit and proper to operate such a facility; and
(ii) that it is appropriate to approve the person or organisation to operate such a facility; or
(b) refuse to grant to the person or organisation an approval to operate, as a cat management facility, a facility, if the Secretary is not satisfied –
(i) that the person or organisation is fit and proper to operate such a facility; and
(ii) that it is appropriate to approve the person or organisation to operate such a facility.
(5) If the Secretary grants to a person or organisation under subregulation (4)(a) a cat management facility approval in relation to a cat management facility, the Secretary –
(a) is to inform the person or organisation in writing of –
(i) the approval and any conditions of the approval; and
(ii) the specific facility which may be operated under the approval; and
(b) is to cause the name of the person or organisation to be published in the Gazette as a person or organisation approved to operate, as a cat management facility, the facility specified in the notice.
(6) If the Secretary refuses to grant an application under subregulation (4)(b) , the Secretary is to provide to the applicant written reasons for the refusal.
6 Immediate suspension of approval to operate cat management facility
6 Immediate suspension of approval to operate cat management facility
(1) The Secretary may suspend the operation of a cat management facility, without complying with regulations 8 and 9 , if the person or organisation operating the cat management facility has been charged with an offence under the Animal Welfare Act 1993 , or any other Act, that the Secretary believes is so serious, due to the circumstances of the offence, that the operation of the cat management facility should be suspended immediately.
(2) The Secretary must give written notice of the following to the person or organisation operating the cat management facility to which a suspension under subregulation (1) relates:
(a) the reason for the suspension;
(b) that the suspension takes effect on receipt of the written notice by the person or organisation or an employee of the person or organisation;
(c) the requirements, if any, in respect of the cat management facility (which may, but are not required to, relate to cats at the facility) that must be satisfied, by the person or organisation operating the cat management facility, and the period within which the requirements must be satisfied.
(3) A person or organisation to which a written notice given under subregulation (2) relates must comply with the notice.
Penalty: Fine not exceeding 5 penalty units.
(4) Regulations 8 and 9 apply to the cancellation of a cat management facility approval that has been suspended under this regulation.
7 Grounds to suspend operations or cancel approval of cat management facility
7 Grounds to suspend operations or cancel approval of cat management facility
There are grounds for the Secretary to suspend under regulation 9(1)(a) the operation of a cat management facility, or to cancel under regulation 9(1)(b) a cat management facility approval in relation to a cat management facility, if the Secretary is satisfied that –
(a) the person or organisation operating the cat management facility, or an employee, of the person or organisation, who is employed at the cat management facility, has contravened the Act or a condition of the cat management facility approval; or
(b) an employee, of the person or organisation, who is employed at the cat management facility has been found guilty within the last 5 years of an offence in relation to an animal; or
(c) a person who, as a volunteer of the cat management facility, has –
(i) contravened the Act or a condition of the cat management facility approval; or
(ii) been found guilty within the last 5 years of an offence in relation to an animal; or
(d) the operation of the cat management facility is creating a nuisance; or
(e) it is in the public interest that the operation of the cat management facility be suspended or cancelled.
8 Notice of intention to suspend operations or cancel approval of cat management facility
8 Notice of intention to suspend operations or cancel approval of cat management facility
(1) The Secretary, before suspending under regulation 9(1)(a) the operation of a cat management facility, or cancelling under regulation 9(1)(b) a cat management facility approval in relation to a cat management facility, must give to the person or organisation operating the cat management facility a notice in writing in accordance with subregulation (2) .
(2) A notice under subregulation (1) to a person or organisation that operates a cat management facility is to –
(a) state that the Secretary is considering suspending the operation of the cat management facility or cancelling a cat management facility approval in relation to the cat management facility; and
(b) state the reasons why the Secretary considers that there are grounds for the suspension or cancellation; and
(c) if –
(i) the Secretary considers that the suspension or cancellation would not be required if steps were taken, to the satisfaction of the Secretary, by the person or organisation within a certain period or periods – specify those steps and the period or periods within which they may be taken; or
(ii) the Secretary considers that there are no steps that, if they were taken by the person or organisation, would have the effect that the suspension or cancellation would not be required – specify that there are no such steps; and
(d) state that the person or organisation may make written submissions to the Secretary, within the period specified in the notice, as to why –
(i) the operation of the cat management facility should not be suspended; or
(ii) the cat management facility approval in relation to the cat management facility should not be cancelled.
(3) A person or organisation to which a notice is given under subregulation (1) in relation to a cat management facility may, within the period specified, in accordance with subregulation (2)(d) , in the notice, make submissions as to why –
(a) the operation of the cat management facility should not be suspended; or
(b) the cat management facility approval should not be cancelled.
9 Suspension of operation and cancellation of approval of cat management facility
9 Suspension of operation and cancellation of approval of cat management facility
(1) The Secretary may –
(a) suspend the operation of a cat management facility; or
(b) cancel a cat management facility approval in relation to a cat management facility.
(2) The Secretary must not suspend under subregulation (1)(a) the operation of a cat management facility, or cancel under subregulation (1)(b) a cat management facility approval in relation to a cat management facility, unless –
(a) the Secretary has grounds to do so under regulation 7 ; and
(b) a notice has been given under regulation 8(1) to the person or organisation operating the cat management facility; and
(c) either –
(i) the Secretary has considered any submissions made under regulation 8(3) by the person or organisation; or
(ii) the period specified, in accordance with regulation 8(2)(d) , in the notice given under regulation 8(1) to the person or organisation has expired and no submission has been made under regulation 8(3) by the person or organisation; and
(d) if steps have been, in accordance with regulation 8(2)(c) , specified in the notice, the Secretary has considered whether the steps have been taken to the satisfaction of the Secretary within the period or periods specified, in accordance with regulation 8(2)(c) , in the notice.
(3) If the Secretary decides not to suspend the operation of a cat management facility, or not to cancel a cat management facility approval in relation to a cat management facility, the Secretary is to give the person or organisation operating the cat management facility written notice of that fact as soon as practicable after making the decision.
(4) If the Secretary suspends under subregulation (1)(a) the operation of a cat management facility, or cancels under subregulation (1)(b) a cat management facility approval in relation to a cat management facility, the Secretary is to give the person or organisation operating the cat management facility written notice of the following:
(a) the suspension or cancellation;
(b) the reasons for the suspension or cancellation;
(c) if the operation of the cat management facility is suspended, the day, on or after which the notice is given, on which the suspension takes effect and the period of suspension;
(d) if the cat management facility approval is cancelled, the day, on or after which the notice is given, on which the cancellation takes effect;
(e) the requirements, if any, in respect of the cat management facility (which may, but are not required to, relate to cats at the facility), that must be satisfied, by the person or organisation, within the period specified in the notice as the period within which the requirements must be satisfied.
(5) A person or organisation to which a written notice given under subregulation (4) relates must comply with the notice.
Penalty: Fine not exceeding 5 penalty units.
(6) The Secretary may revoke a suspension under this regulation before the period of the suspension is due to expire if the Secretary reasonably believes that it is appropriate to do so.
10 Notification of cancellation of cat management facility approval
10 Notification of cancellation of cat management facility approval
If a cat management facility approval is cancelled under regulation 9(1)(b) , the Secretary is to publish in the Gazette a notice specifying –
(a) the name of the person or organisation that held the approval; and
(b) the name of the cat management facility that was operated under the approval; and
(c) that the approval is cancelled; and
(d) the date on which the cancellation took effect or is to take effect.
11 Surrender of cat management facility approval
11 Surrender of cat management facility approval
(1) A person or organisation to which a cat management facility approval relates may, by notice in writing to the Secretary at least 15 working days before the surrender is to take effect, surrender to the Secretary the cat management facility approval.
(2) A person or organisation surrendering under subregulation (1) a cat management facility approval must ensure that arrangements are in place to rehome, sell or transfer any cats from the cat management facility before the approval is surrendered.
Penalty: Fine not exceeding 5 penalty units.
12 Transfer of approval to operate cat management facility
12 Transfer of approval to operate cat management facility
(1) A person, or organisation, to which a cat management facility approval relates may apply in writing to the Secretary to transfer the approval to another person or organisation.
(2) The Secretary may, on receiving an application under subregulation (1) in relation to a cat management facility approval –
(a) transfer the approval, if satisfied that –
(i) the person
This is an opening excerpt, not the complete document.