98Review of decisions by Victorian Civil and Administrative Tribunal

98 Review of decisions by Victorian Civil and Administrative Tribunal S. 98(1) amended by No. 52/1998 s. 311(Sch. 1 item 21.4). (1) The proprietor of a domestic animal business conducted on a premises registered under Part 4 or a person applying for registration of premises under Part 4 to conduct a domestic animal business may apply to the Victorian Civil and Administrative Tribunal for review of a decision by the Council— (a) to refuse to register or to renew the registration of a premises; or (b) to refuse to transfer registration to a new premises; or (c) to suspend the registration of a premises; or (d) to impose terms, conditions, limitations or restrictions on the registration of a premises; or (e) to revoke the registration of a premises. S. 98(1A) inserted by No. 87/2000 s. 37(1). (1A) A Council conducting a domestic animal business on a premises registered under Part 4 or a Council applying for registration of premises under Part 4 to conduct a domestic animal business may apply to the Victorian Civil and Administrative Tribunal for review of a decision by the Minister— (a) to refuse to register or to renew the registration of a premises; or (b) to refuse to transfer registration to a new premises; or (c) to suspend the registration of a premises; or (d) to impose terms, conditions, limitations or restrictions on the registration of a premises; or (e) to revoke the registration of a premises. S. 98(2) amended by No. 52/1998 s. 311(Sch. 1 item 21.4). (2) The owner of a dog may apply to the Victorian Civil and Administrative Tribunal for review of a decision by the Council— S. 98(2)(a) substituted by No. 87/2000 s. 37(2). (a) to declare the dog to be dangerous under section 34; or S. 98(2)(aa) inserted by No. 87/2000 s. 37(2). (aa) to declare the dog to be a menacing dog; or S. 98(2)(b) amended by Nos 83/2001 s. 22, 65/2007 s. 39, 44/2017 s. 20. (b) if the dog is a dangerous dog or a restricted breed dog that is not prohibited from being registered or having its registration renewed by the Council under section 10A(4) or 10C(6), to refuse to register or renew the registration of the dog. S. 98(2AA) inserted by No. 44/2010 s. 26(1). (2AA) The owner of a dog may apply to the Victorian Civil and Administrative Tribunal for review of a decision by an authorised officer under section 98A to declare the dog a restricted breed dog. S. 98(2A) inserted by No. 52/1998 s. 311(Sch. 1 item 21.5), amended by Nos 44/2010 s. 26(2), 8/2014 s. 27. (2A) An application for review under subsection (1) or (2) must be made within 28 days, and an application for review under subsection (2AA) must be made within 14 days after the later of— (a) the day on which the decision is made; (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 98(2B) inserted by No. 44/2010 s. 26(3). (2B) For the purposes of subsection (2A), a decision referred to in subsection (2AA) is taken to be made when the notice of the declaration is served on the owner of the dog. S. 98(3) amended by Nos 52/1998 s. 311(Sch. 1 item 21.6(a)(i)), 44/2010 s. 26(4). (3) A decision made under this Act by a Council or an authorised officer which is subject to review by the Victorian Civil and Administrative Tribunal takes effect— (a) if an application for a review of the decision is not made, at the end of the period within which such an application could have been made; or S. 98(3)(b) amended by No. 52/1998 s. 311(Sch. 1 item 21.6(a) (ii)). (b) if such an application is made, in accordance with the determination of the Tribunal. (4) If the decision which is subject to review is a refusal by the Council to renew registration of a premises on which a domestic animal business is being conducted, the registration of that premises continues— (a) if an application for review of the decision is not made, until the end of the period within which that application could have been made; or S. 98(4)(b) amended by No. 52/1998 s. 311(Sch. 1 item 21.6(b)). (b) if an application is made, in accordance with the determination of the Tribunal. S. 98AAA inserted by No. 8/2014 s. 28. 98AAA Order for costs of retaining restricted breed dog in custody The Victorian Civil and Administrative Tribunal, may on application, make an order that the owner of a dog pay the reasonable costs and expenses incurred by the Council or person or body in retaining custody of the dog after its seizure under Part 7A if— (a) the Victorian Civil and Administrative Tribunal affirms the decision of an authorised officer under section 98A to declare the dog a restricted breed dog; and (b) the dog is no longer to be retained in custody by the Council or person or body (as the case may be). S. 98AA inserted by No. 103/2003 s. 25. 98AA Review of decisions made under Part 4A (1) A person, whose interests are affected by the relevant decision, may apply to the Victorian Civil and Administrative Tribunal for review of— S. 98AA(1)(a) amended by No. 65/2007 s. 44(Sch. 1 item 25(a)). (a) a decision refusing to grant or renew an animal registry licence; or S. 98AA(1)(b) amended by No. 65/2007 s. 44(Sch. 1 item 25(a)). (b) a decision by the Secretary to impose conditions on an animal registry licence; or S. 98AA(1)(c) amended by No. 65/2007 s. 44(Sch. 1 item 25(a)). (c) a decision to cancel an animal registry licence; or S. 98AA(1)(d) amended by No. 65/2007 s. 44(Sch. 1 item 25(b)). (d) a decision to prohibit a person from implanting permanent identification devices in animals of prescribed classes of animal. (2) An application for review under subsection (1) must be made within 28 days of— (a) the day on which the decision is made; or (b) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Pt 7 Div. 7 (Heading) inserted by No. 83/2001 s. 23, substituted as Pt 7E (Heading) by No. 65/2007 s. 40. Pt 7 Div. 7 (Heading and ss 98A–98G) inserted by No. 83/2001 s. 23.