Div 3Operations of Board

Division 3—Operations of Board 21—Functions of Board (1) The Board has the following functions: (a) to plan for, promote, and provide advice about, the effective management of dogs and cats throughout South Australia; (b) to oversee the administration and enforcement of the provisions of this Act relating to dogs and cats, including— (i) monitoring the administration and enforcement of this Act by councils; and (ii) issuing guidelines and providing advice to councils about— (A) planning for the effective management of dogs and cats; (B) training for authorised persons; (C) the appropriate level of administration and enforcement in the circumstances prevailing in the area; (D) the issuing of orders or related directions under this Act; (E) the standard of facilities used for the detention of dogs and cats under this Act; (F) the keeping and inspection of registers under this Act and the issuing of certificates of registration and registration discs; (G) any other matter related to the administration or enforcement of the provisions of this Act relating to dogs and cats; and (iii) otherwise providing support and assistance to councils; (ba) to accredit dogs as assistance dogs; (bb) to keep and maintain registers for the purposes of this Act; (c) to inquire into and consider all proposed by-laws referred to it under this Act, with a view to promoting the effective management of dogs and cats, and, to the extent that the Board considers it appropriate, the consistent application of by-laws throughout South Australia; (d) to advise the Minister or the LGA, either on its own initiative or at the request of the Minister or the LGA, on the operation of this Act or issues directly relating to dog or cat management in South Australia; (e) to undertake or facilitate research relating to dog or cat management; (f) to undertake or facilitate educational programs relating to dog or cat management; (g) to keep this Act under review and make recommendations to the Minister with respect to the Act and regulations made under the Act; (ga) to fix fees and charges for the purposes of this Act; (h) to carry out any other function assigned to the Board by the Minister or by or under this Act. (2) The Board's functions may extend to providing the following services as the Board thinks fit: (a) the accreditation of training programs for dogs and owners; (b) the accreditation of procedures for testing the behaviour of dogs; (c) the carrying out of any other function relating to responsible dog and cat ownership or the effective management of dogs and cats. (3) The Board may fix a fee for providing a service under subsection (2). 21A—Accreditation of assistance dogs (1) Subject to this section, a prescribed accreditation body may, on application, accredit a dog, or renew the accreditation of a dog, as an assistance dog. (1a) A prescribed accreditation body (other than the Board) may only accredit a dog, or renew the accreditation of a dog, of a kind approved by the Board in respect of the prescribed accreditation body. (2) An application for accreditation must— (a) be made to a prescribed accreditation body in the manner and form determined by the prescribed accreditation body; and (b) be accompanied by the fee fixed by the Board. (3) An applicant must provide a prescribed accreditation body with any information required by the prescribed accreditation body for the purpose of determining the application. (4) Accreditation of a dog remains in force for the life of the dog unless— (a) it is revoked by the Board or the prescribed accreditation body that accredited the dog; or (b) it is surrendered by the owner of the dog. (5) The Board must maintain a register of dogs accredited under this section (which may be kept in the form of a computer record) that is to be readily available for public inspection without fee. (6) The accreditation of a dog may only be revoked if the Board or the prescribed accreditation body that accredited the dog is satisfied that— (a) the dog's ill-health, injury or advanced age prevents the dog from carrying out its functions as an assistance dog; or (b) the dog is temperamentally unsuitable to continue to be accredited as an assistance dog; or (c) the owner of the dog is unable to maintain effective control of the dog (whether by command or by means of physical restraint). (7) In this section— prescribed accreditation body—the following are prescribed accreditation bodies: (a) the Board; (b) The Royal Society for the Blind of SA Inc; (c) the Guide Dogs Association of South Australia and Northern Territory Inc; (d) Lions Hearing Dogs Inc; (e) any other person or body declared by the regulations to be a prescribed accreditation body. 21B—Board may keep register relating to microchipped and desexed dogs and cats (1) The Board may keep a register relating to the microchipping and desexing of dogs and cats in accordance with this or any other Act. (2) The Register may— (a) contain such information as the Board thinks fit; and (b) subject to this Act, be kept in any manner the Board thinks appropriate (including in an electronic form) and may be combined with another register. (3) The regulations may make further provision in relation to a register under this section (including, without limiting the generality of this subsection, provisions requiring the provision of such information to the Board as the Board may reasonably require and provisions regulating access to the register by members of the public). 22—Powers of Board (1) The Board has the powers necessary or incidental to the performance of its functions. (2) The Board may, for example— (a) enter into any form of contract or arrangement; and (b) acquire, hold, deal with and dispose of real and personal property; and (c) employ staff or make use of the services of staff employed in the public or private sector; and (d) engage consultants or other contractors; and (e) establish committees (consisting of members, other persons or a combination of members and others) and assign to the committees advisory functions; and (f) require councils to provide information relating to the administration or enforcement of this Act. 23—Operational plans, budgets and information (1) The Board must, from time to time, prepare and submit to the Minister— (a) a budget setting out estimates of the income of, and expenditure from, the Fund for the next financial year or for some other period determined by the Minister; and (b) a plan of the Board's proposed operations for the next financial year or for some other period determined by the Minister; and (c) a report on any matter relevant to the administration of this Act. (2) The plan, budget or report must conform with any requirements of the Minister as to its form and the information that it is to contain. (3) The Minister may, after consulting the LGA, approve a budget submitted under this section with or without modification. (4) The Board may not expend money unless provision for the expenditure is made in a budget approved under this section or unless the expenditure is approved by the Minister after consultation with the LGA. 23A—Delegation (1) Subject to this section, the Board may delegate functions or powers (other than a prescribed function or power) to any person or body of persons that is, in the Board's opinion, competent to perform or exercise the relevant functions or powers. (2) A delegation under this section— (a) must be in writing; and (b) may be conditional or unconditional; and (c) is revocable at will; and (d) does not prevent the delegator from acting in any matter. (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 24—Annual report (1) The Board must, on or before 31 October in every year, forward to the Minister, the LGA and each council a report on the Board's operations for the preceding financial year. (2) The report must contain— (a) the audited statements of account of the Fund for the preceding financial year; and (b) a report on the status of dog and cat management in South Australia; and (c) any other information required by or under the provisions of this Act or any other Act. (3) The Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.