54Powers of Council

54 Powers of Council (1) A Council may— (a) refuse to register or to renew the registration of a premises; or (b) refuse to transfer registration to a new premises; or (c) suspend the registration of a premises; or (d) revoke the registration of a premises. S. 54(2) amended by Nos 71/2014 s. 14(1), 69/2017 s. 28(1)(a). (2) Subject to subsections (3), (3A) and (3B) and sections 54A, 54B, 54C and 54D, a Council may act under subsection (1) if it is satisfied that— S. 54(2)(a) amended by No. 17/2016 s. 17(Sch. 1 item 5). (a) the proprietor or person applying for registration has failed to comply with the Act, the regulations, any business code of practice applying to the business, or the terms, conditions, limitations or restrictions on registration; or S. 54(2)(b) substituted by No. 69/2017 s. 28(1)(b). (b) the proprietor or person applying for registration has been found guilty of— (iii) an offence against a law of another State or a Territory of the Commonwealth that corresponds with a law referred to in subparagraph (i) or (ii); or S. 54(2)(c) inserted by No. 69/2017 s. 28(1)(b). (c) a relevant person in relation to the domestic animal business that is or is proposed to be conducted on the premises is a relevant person in relation to another domestic animal business (wherever situated) that is a pet shop, pound, animal shelter or breeding domestic animal business. Note to s. 54(2) inserted by No. 69/2017 s. 28(2), repealed by No. 3/2022 s. 39(1). S. 54(3) inserted by No. 71/2014 s. 14(2). (3) A Council must refuse to register or renew the registration of a premises in relation to a breeding domestic animal business if the Council is satisfied that a relevant person has, at any time within 10 years preceding the date of the application for registration— (a) been found guilty of a specified offence; or (b) been the subject of an order made under section 12(1) of the **Prevention of Cruelty to Animals Act 1986**; or (c) been the subject of an order registered under section 12A(2) of the **Prevention of Cruelty to Animals Act 1986**. S. 54(3A) inserted by No. 69/2017 s. 28(3). (3A) The Council must refuse to register, renew the registration of, or transfer the registration of, a premises on which a domestic animal business is or is proposed to be conducted that is an animal shelter, a pet shop or a pound if a relevant person in relation to the domestic animal business is a relevant person in relation to a breeding domestic animal business (wherever situated). S. 54(3B) inserted by No. 69/2017 s. 28(3). (3B) The Council must refuse to register, renew the registration of or transfer the registration of a premises on which a domestic animal business is or is proposed to be conducted that is a breeding domestic animal business, if a relevant person in relation to that domestic animal business is a relevant person in relation to an animal shelter, pet shop or pound (wherever situated). S. 54(4) inserted by No. 71/2014 s. 14(2), amended by No. 69/2017 s. 28(4)(a). S. 54(4) def. of *relevant person* substituted by No. 69/2017 s. 28(4)(b). ***relevant person***, in relation to a domestic animal business means any of the following— (a) the proprietor of the business; (b) the person who conducts the business; (c) the person applying for registration, renewal of registration or transfer of registration of premises on which the business is being or is to be conducted; S. 54(4) def. of *specified offence* amended by Nos 17/2016 s. 18, 69/2017 s. 28(4)(c). ***specified offence*** means an offence against any of the following provisions of the **Prevention of Cruelty to Animals Act 1986**— (a) section 9(1); (b) section 10(1); (c) section 12AF; (d) section 12A(8); (e) section 15C(1); (f) section 15C(2). S. 54A inserted by No. 69/2017 s. 29.