Div 5Offences

Division 5—Offences S. 63AAA inserted by No. 69/2017 s. 35. 63AAA Definition ***approved source*** means any of the following— (a) an animal shelter that is conducted on premises that are registered under section 47; (b) a pound that is conducted on premises that are registered under section 47; (c) a registered foster carer. S. 63AAB inserted by No. 69/2017 s. 35. 63AAB Offences as to sale or giving away of animals by pet shops (1) A person must not, in the conduct of the business of a pet shop, sell or give away a dog or cat unless the dog or cat is from an approved source. (2) A person must not, in the conduct of the business of a pet shop, cause or allow a dog or cat that is not from an approved source to be sold or given away. (3) The proprietor of a pet shop must not act as an agent in the sale or giving away of a dog or cat that is not from an approved source. (4) A person must not, in the conduct of the business of a pet shop, accept or receive a dog or cat for sale or giving away that is not from an approved source. S. 63AAC inserted by No. 69/2017 s. 35. 63AAC Offences as to sale or giving away or provision of animals to pet shops (1) A person must not sell, give away or provide a dog or cat that is not from an approved source to the proprietor of a pet shop or an agent of the proprietor. (2) A person must not cause or allow a dog or cat that is not from an approved source to be sold, given away or provided to the proprietor of a pet shop or an agent of the proprietor. S. 63AAD inserted by No. 69/2017 s. 35. 63AAD Offences where dog or cat is in foster care and that is not of a certain age (1) A person must not sell, give away or provide to the proprietor of a pet shop or an agent of the proprietor a dog or cat that is— (2) A person must not cause or allow a dog or cat to be sold, given away or provided to the proprietor of a pet shop or an agent of the proprietor if the dog or cat is— (3) The proprietor of a pet shop must not act as an agent in the sale or giving away of a dog or cat that is— (4) A person must not, in the conduct of a business that is a pet shop, accept or receive a dog or cat for sale or giving away that is— S. 63AAE inserted by No. 69/2017 s. 35. 63AAE Offence to sell a dog or cat to an animal shelter or pound (1) A person must not sell a dog or cat to the proprietor or an agent of the proprietor of an animal shelter or a pound. (2) A person must not cause or allow a dog or cat to be sold to the proprietor or an agent of the proprietor of an animal shelter or a pound. S. 63AB inserted by No. 71/2014 s. 15. 63AB Record keeping offences for pet shop proprietors (1) The proprietor of a pet shop must, in relation to each dog or cat that is offered for sale or sold at the pet shop— (a) make and keep records— (i) of the name and address of the person from whom the proprietor obtained the dog or cat; and (ii) of any other prescribed information; and (b) keep and maintain copies of all such records in the prescribed manner. Penalty: 120 penalty units. (2) A person who is required to make and keep records under subsection (1) must not knowingly make or keep records that are incomplete, inaccurate or false. Penalty: 120 penalty units. Pt 4AA (Heading and ss 63AC–63AE) inserted by No. 17/2016 s. 14. Part 4AA—Keeping of GRV greyhounds S. 63AC inserted by No. 17/2016 s. 14. 63AC Making of greyhound codes of practice (1) The Minister may make a code of practice relating to the keeping of GRV greyhounds. (2) A greyhound code of practice may specify all or any of the following— (a) standards for the keeping, treatment, handling and care of GRV greyhounds; (b) standards for the facilities, equipment and conditions at premises where GRV greyhounds are being kept; (c) standards for the procedures and practices to be adopted in relation to the keeping of GRV greyhounds. (3) A greyhound code of practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— (a) wholly or partially or as amended by the code; or (b) as formulated, issued, prescribed or published at the time the code is made or at any time before then. For the purposes of subsection (1) see section 3(1) for a definition of ***keeping*** in relation to a GRV greyhound. S. 63AD inserted by No. 17/2016 s. 14. 63AD Operation and availability of greyhound code of practice (1) A greyhound code of practice comes into operation on the later of— (a) the day specified in the code (if any), which may be on or after the day on which the code is made; or (b) the day that the code is published in the Government Gazette. (2) A greyhound code of practice and any documents incorporated in a greyhound code of practice must be kept available for public inspection at the principal office of the Department and a copy of the code may be purchased by any person at that office on payment of the fee determined by the Minister. S. 63AE inserted by No. 17/2016 s. 14. 63AE Non-compliance with greyhound code of practice an offence (1) A person who, or body which, keeps a GRV greyhound must comply with any greyhound code of practice applying to the keeping of GRV greyhounds. In any other case, 246 penalty units. (2) If a body, being a partnership or an unincorporated body, contravenes subsection (1), each reference to the body in this section must be construed as a reference to each member of the partnership, or of the committee of management of the unincorporated body (as the case may be). Pt 4A (Heading) amended by No. 65/2007 s. 22. Pt 4A (Heading and ss 63B–63Z) inserted by No. 103/2003 s. 9.