39Prohibition on establishing record except in specified circumstances

39 Prohibition on establishing record except in specified circumstances

(1) A licence holder must not, as part of providing an animal registry service, establish a record relating to a prescribed animal implanted with a permanent identification device unless—

(a) the licence holder has checked the records of any other licence holder providing an animal registry service in accordance with the Act and these Regulations and is satisfied that the records do not include a record for that animal; and

(b) one of the following applies—

(i) the licence holder—

(A) is reasonably satisfied that the device is a prescribed permanent identification device that was implanted in the animal in Victoria in accordance with the Act and these Regulations; and

(B) is provided with the information required under section 63G of the Act;

(ii) the device was implanted in the animal outside of Victoria and the licence holder is reasonably satisfied that the device is capable of uniquely identifying the animal;

(iii) the establishment of the record is approved by a Departmental authorised officer.

(2) Subregulation (1)(b) does not apply in relation to the establishment of a record on or after the commencement of these Regulations if—

(a) the record being established is a transferred record, where the original record was established in accordance with the Act and any regulations made under the Act as they applied at the time the original record was established; or

(b) the establishment of the record is for a permanent identification device, for which no record has previously been established, implanted in a dog or cat before 1 December 2005, if the licence holder is reasonably satisfied that the device is capable of uniquely identifying the animal; or

(c) the establishment of the record is for a permanent identification device, for which no record has previously been established, implanted in a horse before 1 September 2009, if the licence holder is reasonably satisfied that the device is capable of uniquely identifying the animal.