58Revocation or suspension of registration of animal shelter or pound by Minister

58 Revocation or suspension of registration of animal shelter or pound by Minister (1) This section applies to premises— (a) on which a Council is conducting an animal shelter or pound; or S. 58(1)(b) amended by No. 65/2007 s. 20. (b) from which any person or body provides animal shelter or pound services to a Council under an agreement with that Council under section 84Y. (2) The Minister may at any time suspend or revoke the registration of the premises if the Minister is satisfied that— S. 58(2)(a) amended by No. 17/2016 s. 17(Sch. 1 item 6). (a) the Council or the person or body (as the case may be) has failed to comply with this Act, the regulations, any business code of practice applying to the business, or any terms, conditions, limitations or restrictions on the registration; or (b) the Council or the person or body (as the case may be) has been found guilty of an offence under the **Prevention of Cruelty to Animals Act 1986**. Pt 4 Div. 3AA (Heading and ss 58AA–58AL) inserted by No. 69/2017 s. 32. Division 3AA—Commercial dog breeder approval S. 58AA inserted by No. 69/2017 s. 32. 58AA Approval of commercial dog breeders (1) The Minister may approve the proprietor of a breeding domestic animal business that is conducted on a registered premises to conduct that business on that premises as a commercial dog breeder, on receiving an application for the grant or renewal of approval under section 58AC. S. 58AA(2) amended by No. 3/2022 s. 18. (2) Within 60 days of receiving an application under section 58AC for the grant or renewal of approval, the Minister must give the applicant for the approval written notice— (a) of the decision; and (b) if the approval is granted or renewed, of any other conditions imposed on the approval under section 58AF(6). (3) A decision by the Minister to grant or renew an approval under subsection (1) takes effect on the later of the following— (a) the day the notice under subsection (2) is given to the applicant; (b) the date specified in the notice. S. 58AB inserted by No. 69/2017 s. 32. 58AB Considerations in deciding to grant or renew approval (1) The Minister must not grant or renew an approval of the proprietor of a breeding domestic animal business to conduct that business as a commercial dog breeder under section 58AA unless— (a) the chief veterinary officer has recommended, under section 58AE, that the Minister do so; and (b) the Minister is satisfied that the approval should be granted or renewed after considering— (i) the chief veterinary officer's recommendation under section 58AE and the reasons for making it; and (ii) any information contained in or accompanying the application under section 58AC. (2) The Minister may refuse to grant or renew the approval of the proprietor of a breeding domestic animal business as a commercial dog breeder if— (a) the proprietor has been found guilty of— (i) an offence under this Act or regulations made under this Act; or (ii) an offence against the **Prevention of Cruelty to Animals Act 1986** or regulations made under that Act; or (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 (b) the Minister reasonably believes that the proprietor has failed to comply with this Act or any regulations made under this Act; or (c) the Minister reasonably believes that— (i) in the case of a grant of an approval, the applicant will not be able to comply with a condition on the approval under section 58AF; or (ii) in the case of a renewal of an approval, the applicant has not complied with a condition on the approval under section 58AF. S. 58AC inserted by No. 69/2017 s. 32. 58AC Application to Minister for commercial dog breeder approval (1) The proprietor of a breeding domestic animal business may apply to the Minister for the grant or renewal of a commercial dog breeder approval. (a) must be in the form approved by the Minister; and (b) must contain and be accompanied by any information required by the Minister; and (c) must be accompanied by a business plan for the next 3 years of the business which includes and is accompanied by any prescribed information about the business; and (d) must contain and be accompanied by any other prescribed information about the business or other relevant matters; and (e) must be accompanied by the prescribed fee. (3) An approved commercial dog breeder may apply for a renewal of the current approval no later than 60 days before the expiry of the approval. S. 58AD inserted by No. 69/2017 s. 32. 58AD Chief veterinary officer may ask for report and monitoring (1) For the purpose of making a recommendation under section 58AE, the chief veterinary officer may— (a) ask the relevant Council for a report on the premises on which the domestic animal business is conducted; and (b) ask for a Departmental authorised officer to enter and search the premises under Part 7, for the purpose of monitoring compliance with a relevant provision (within the meaning of section 74AB), and give a report on that entry and search. Note to s. 58AD(1)(b) inserted by No. 3/2022 s. 19. There are entry and search powers under Part 7, specifically under sections 74(2) and 74AC, which can be used at any time to monitor the compliance of breeding domestic animal businesses with a relevant provision or other provisions of this Act and the regulations. Either of these entry and search powers could be utilised by a Departmental authorised officer if the officer is asked under section 58AD(1)(b) to carry out an entry and search of a premises for the purposes of monitoring compliance with a relevant provision. (2) For the purpose of subsection (1)(a), a report of the Council must include a copy of any report from an entry and search of the premises under Part 7 carried out in the 5 years preceding the application for grant or renewal of approval. (3) For the purpose of subsection (1)(b), a Departmental authorised officer may exercise any power that a Council authorised officer has under Part 7. S. 58AE inserted by No. 69/2017 s. 32. 58AE Chief veterinary officer may make recommendation S. 58AE(1) substituted by No. 3/2022 s. 20(1). (1) After considering any report under section 58AD(1), the chief veterinary officer may make any of the following recommendations— (a) whether or not the proprietor of a breeding domestic animal business should be granted a commercial dog breeder approval or the commercial dog breeder approval of the proprietor of a breeding domestic animal business should be renewed; (b) if the chief veterinary officer considers it necessary in the circumstances, that particular conditions should be imposed on a grant of approval or renewal of an approval recommended under paragraph (a). (2) The chief veterinary officer must give reasons for any recommendation made under subsection (1). S. 58AE(3) inserted by No. 3/2022 s. 20(2). (3) The Minister must consider any recommendations made by the chief veterinary officer under subsection (1) and may grant the approval or renewal of a commercial dog breeder approval subject to all or any conditions specified in a recommendation. S. 58AF inserted by No. 69/2017 s. 32. 58AF Conditions of commercial dog breeder approval S. 58AF(1) substituted by No. 3/2022 s. 21. (1) It is a condition of a commercial dog breeder approval that a Departmental authorised officer may, under Part 7, enter and search the premises on which the breeding domestic animal business is being conducted for the purpose of monitoring compliance with a relevant provision (within the meaning of section 74AB)— (a) when the approval is being renewed; or (b) when the premises is being transferred; or (c) at any other time. There are entry and search powers under Part 7, specifically under sections 74(2) and 74AC, which can be used at any time to monitor the compliance of breeding domestic animal businesses with a relevant provision or other provisions of this Act and the regulations. Either of these entry and search powers could be utilised by a Departmental authorised officer for the purposes of section 58AF(1). S. 58AF(2) substituted by No. 3/2022 s. 21. (2) It is a condition of a commercial dog breeder approval that the holder of the approval must not keep more than the maximum number of relevant fertile female dogs specified by the Minister in the approval, which must not be more than 50 relevant fertile female dogs. (3) It is a condition of a commercial dog breeder approval that the approved commercial dog breeder submit a report to the Minister containing the prescribed information at the time required by the Minister. (4) It is a condition of a commercial dog breeder approval that the approved commercial dog breeder maintains public liability insurance for the breeding domestic animal business as prescribed. (5) It is a condition of a commercial dog breeder approval that the manager of the breeding domestic animal business and any employees of the business have the prescribed qualifications or training. (6) A commercial dog breeder approval is subject to any other conditions— (a) that are imposed on the approval by the Minister; or (b) that are prescribed, including conditions for or with respect to— (i) the keeping of dogs and related matters; and (ii) the premises on which dogs are kept and related matters; and (iii) the staffing of premises and related matters. (7) An approved commercial dog breeder must comply with any condition of the approval under this section. Penalty: In the case of a natural person, 246 penalty units; S. 58AG inserted by No. 69/2017 s. 32. 58AG Period of approval (1) A commercial dog breeder approval remains in force— (a) for the initial grant of the approval, for a period of 12 months after the approval is granted; and (b) for any renewal of the approval, for a period of 3 years after the approval is renewed. (2) If an approved commercial dog breeder has applied for renewal of an approval, the approval remains in force until the application for renewal is determined. (3) If an application for approval is made because an approved commercial dog breeder is selling or otherwise transferring the breeding domestic animal business to another proprietor, the commercial dog breeder approval remains in force until the application for approval of the new proprietor has been determined. S. 58AH inserted by No. 69/2017 s. 32. 58AH Transfer of premises (1) If an approved commercial dog breeder transfers the premises of the breeding domestic animal business for which the breeder is approved to another premises, on the transfer of the premises the approval is cancelled. (2) Despite subsection (1), if a new application for approval for the new premises has been made before the expiry of the existing commercial dog breeder approval, the existing approval remains in force until the application is determined. S. 58AI inserted by No. 69/2017 s. 32. 58AI Automatic cancellation or suspension of approval (1) If the relevant Council— (a) cancels or does not renew the registration of a premises on which a breeding domestic animal business is being conducted for which there is a commercial dog breeder approval, the approval is cancelled; or (b) suspends the registration of a premises on which a breeding domestic animal business is being conducted for which there is a commercial dog breeder approval, the approval is suspended. (2) A Council must give the Minister notice of any suspension, cancellation or refusal to renew to which subsection (1) applies. S. 58AJ inserted by No. 69/2017 s. 32. 58AJ Revocation of approval by Minister (1) The Minister may revoke a commercial dog breeder approval if— (a) the approved commercial dog breeder has been found guilty of— (i) an offence under this Act or regulations made under this Act; or (ii) an offence against the **Prevention of Cruelty to Animals Act 1986** or regulations made under that Act; or (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 (b) the Minister reasonably believes that the approved commercial dog breeder has failed to comply with this Act or any regulations made under this Act; or (c) the Minister reasonably believes that the approved commercial dog breeder has not complied with a condition on the approval under section 58AF. (2) The Minister must give written notice of the Minister's decision under subsection (1) to the holder of the approval. (3) A decision by the Minister to revoke an approval under subsection (1) takes effect on the later of the following— (a) the day the notice under subsection (2) is given to the holder of the approval; (b) the date specified in the notice. S. 58AK inserted by No. 69/2017 s. 32. 58AK Notice of and submissions on proposal to revoke a commercial dog breeder approval (1) If the Minister proposes to revoke a commercial dog breeder approval, before doing so the Minister must give notice in writing to the holder of the approval stating— (b) that the holder may make submissions to the Minister on the proposal within the period specified in the notice. (2) The holder of the approval may make written submissions to the Minister in relation to the proposal to revoke the approval within the period specified in the notice under subsection (1). (3) The Minister must consider any submission made under subsection (2), before deciding to revoke the approval. S. 58AKA inserted by No. 14/2025 s. 23. 58AKA Surrender of commercial dog breeder approval by holder (1) The holder of a commercial dog breeder approval may by written notice surrender the approval to the Minister for cancellation. (2) On receipt of the notice the Minister must notify the holder in writing that the commercial dog breeder approval is cancelled. (3) The cancellation of the commercial dog breeder approval takes effect on— (a) the date the notice is given to the holder; or S. 58AL (Heading) amended by No. 3/2022 s. 22(1). 58AL Council to be notified of matters relating to a commercial dog breeder approval S. 58AL inserted by No. 69/2017 s. 32, amended by No. 3/2022 s. 22(2). The Minister must give notice of the grant, renewal, refusal to grant or renew, revocation or cancellation of a commercial dog breeder approval to the relevant Council as soon as possible after it occurs. Pt 4 Div. 3A (Heading) inserted by No. 76/2005 s. 18. Division 3A—Registration of business conducted by Council S. 58A