Part 3 Licences, approvals and permits
Division 1 Licensing of animal display establishments
12 Licence required for animal display establishment
(1) Each occupier of premises used as an animal display establishment of a prescribed class is guilty of an offence and liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than 6 months, or to both, if the use of the premises as an animal display establishment of that class is not authorised by a licence.(2) (Repealed)
For the purposes of this Act, there shall be such classes of animal display establishments as are prescribed by the regulations.
(1) Standards may be prescribed for or with respect to:(a) the facilities for the exhibition of animals at, and(b) the conduct of,animal display establishments of any class.(2) Without limiting the generality of subsection (1), a standard may be prescribed in relation to any matter referred to in Schedule 3.
(1) A licence for an animal display establishment of a prescribed class shall not be issued unless the Director-General is satisfied that the animal display establishment conforms to and will be conducted in accordance with any standards prescribed under section 14 for animal display establishments of that class.(2) Different animal display establishments shall each be the subject of a separate application and a separate licence or separate licences.
16 Particulars to be specified in licences
(1) A licence for an animal display establishment shall describe the animal display establishment which is the subject of the licence.(2) A licence for an animal display establishment shall relate to an animal display establishment of the class specified in the licence.(3) Separate licences relating to animal display establishments of different classes may be held concurrently for the same premises.
17 Authority conferred by licence
A licence for an animal display establishment authorises the use under this Act of the premises which are the subject of the licence as an animal display establishment of the class specified in the licence, but only when the premises are used in accordance with the terms and conditions to which the licence is subject.
18 Approval of erection of animal display establishment
(1) A person shall not erect an animal display establishment of a prescribed class or convert any premises into any such establishment unless the erection of the establishment or the conversion of the premises has been approved by the Director-General.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
(2) A person may apply for the approval of the Director-General of the erection of, or conversion of premises into, a proposed animal display establishment of a prescribed class.(3) Approval for the erection of, or conversion of premises into, an animal display establishment of a prescribed class shall not be issued unless the Director-General is satisfied that the animal display establishment will, when completed, conform to and be conducted in accordance with the standards prescribed in respect of that class of animal display establishment under section 14.(4) An appropriate licence shall be issued in respect of an animal display establishment completed in accordance with an approval granted under this section.(5) A person is not guilty of an offence under subsection (1) if the person satisfies the court that erection or conversion of the establishment to which the alleged offence relates was substantially commenced before the establishment became an animal display establishment of a prescribed class.
19 Alteration of licensed animal display establishment
A licensee shall not cause or permit a licensed animal display establishment to be altered or extended unless:(a) approval of the Director-General is first obtained for the alteration or extension, and(b) the animal display establishment is altered or extended in accordance with that approval.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
(1) The Director-General shall cause a register to be kept as prescribed.(2) The following particulars shall be entered in the register:(a) the address of each licensed animal display establishment,(b) the full name and residential address of the licensee,(c) the class of the animal display establishment,(d) the terms and conditions to which the licence for the animal display establishment is subject, and(e) such further particulars as may be prescribed.(3) The Director-General may, from time to time, cause the particulars for the time being entered in the register to be varied so as to ensure that the register remains a true and accurate record of the matter to which the particulars relate.
21 Certificate of registered particulars
(1) A person may apply to the Director-General for a copy of the registered particulars in respect of a licensed animal display establishment.(2) Where the Director-General receives an application under this section, the Director-General shall, on payment of the prescribed fee, cause the applicant to be furnished with a certificate, in a form approved by the Director-General, containing a copy of the registered particulars in respect of the licensed animal display establishment to which the application relates.
Division 2 Approvals for the exhibition of animals at circuses etc
22 Persons to be authorised to exhibit animals
(1) In this section:person in charge, in relation to an animal, includes:
(a) the owner of the animal,(b) a person who has the animal in his or her possession or custody, or under his or her care, control or supervision, and(c) where a person referred to in paragraph (b) is bound to comply with the directions, in respect of the animal, of any servant or agent of the owner of the animal, that servant or agent, as the case may be.(2) A person in charge of an animal of any species (other than an animal of a species prescribed for the purposes of section 24) shall not exhibit the animal on premises occupied by temporary or movable structures used for the purposes of a circus, fair, fun-fair, amusement park or similar place of public entertainment, or at a preschool, school, TAFE establishment, university or other place of education, unless the person is the holder, or is supervised by the holder, of an approval authorising the holder to exhibit animals of that species.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
(1) An approval authorising the exhibition of animals of a species shall not be issued unless the Director-General is satisfied that the person to whom it is issued has appropriate qualifications or experience, or both, to exhibit animals of that species.(2) An approval authorises the holder to exhibit, or supervise the exhibition of, animals of the species specified in the approval, but only when the animals are exhibited in accordance with the terms and conditions to which the approval is subject.
Division 3 Permits for the exhibition of certain animals
24 Certain animals may be displayed only with permit
A person shall not exhibit an animal of a prescribed species unless the person is the holder, or is supervised by the holder, of a permit authorising the holder to exhibit that animal.Maximum penalty: 20 penalty units or imprisonment for 6 months, or both.
(1) A permit authorising the exhibition of an animal of a prescribed species shall not be issued unless the Director-General is satisfied that the animal will be exhibited in accordance with the standards prescribed in respect of animals of that species for the purposes of this section.(2) Without limiting the generality of subsection (1), a standard may be prescribed in relation to any matter referred to in Schedule 3.(3) A permit authorises the holder to exhibit, or supervise the exhibition of, the animal or animals specified or described in the permit, but only when the animal is or animals are exhibited in accordance with the terms and conditions to which the permit is subject.
In this Division:authority means a licence, an approval or a permit.
(1) An application for the issue, renewal or variation of an authority shall be made to the Director-General in the prescribed manner and accompanied by the prescribed fee.(2) An application for the transfer of a licence shall be made to the Director-General in the prescribed manner and accompanied by the prescribed fee.(3) The application shall be considered by the Director-General who may grant or refuse the application.(3A) In considering whether to grant or refuse the application, the Director-General may consider the following:(a) whether the applicant has been convicted or found guilty of an offence under this Act, the Prevention of Cruelty to Animals Act 1979, the Animal Research Act 1985, the National Parks and Wildlife Act 1974, an instrument made under this Act or any of those Acts or any law of another State, a Territory or the Commonwealth relating to the keeping or protection of animals,(b) whether the applicant has previously failed to comply with any term or condition of an authority held by the applicant,(c) whether the applicant has previously held an authority that has been suspended or cancelled by the Director-General,(d) the capacity of the applicant to comply with this Act and any prescribed standards,(e) the capacity of the applicant to care for the animals,(f) whether the applicant has made a statement or furnished information in connection with the application that was, in the opinion of the Director-General, false or misleading in a material particular,(g) whether the applicant is a fit and proper person to hold the authority,(h) any other matter that the Director-General considers relevant.(3B) The Director-General must refuse to grant an application for the issue of an authority to a person if:(a) the person is disqualified from holding an authority under this Act, or(b) the person is a corporation and any officer of the corporation is disqualified from holding an authority under this Act.(4) Where the application has not been granted or refused:(a) within the period of 60 days after the making of the application, or(b) within such longer period as may be agreed between the Director-General and the applicant,the application shall be deemed (for the purposes only of any review) to have been refused.(5) Where the application is granted, a licence, an approval or a permit, as the case may require, shall be issued by the Director-General.(6) Where the Director-General refuses to grant an authority, the Director-General shall, as soon as practicable after so refusing, cause notice of the refusal, and of the reasons for the refusal, to be served on the applicant for the authority.(7) In this section, an officer of a corporation means a director of the corporation or a person who is otherwise concerned in its management.
(1) An authority is subject to:(a) the terms and conditions prescribed in respect of the authority,(b) any terms and conditions specified in the authority when it is issued, and(c) any terms and conditions imposed by the Director-General upon the authority in accordance with the regulations after it has been issued,as may be varied from time to time in accordance with the regulations.(2) Without limiting the generality of subsection (1) (b), an authority may specify the number of animals of a species that may be displayed at the premises the subject of the authority or by, or under the supervision of, the holder of the authority.(3) The terms and conditions of an authority shall continue to have effect during any suspension, and after the expiration or cancellation of the authority, if:(a) the terms and conditions relate to the care to be provided for the animal or animals to which the authority relates, and(b) the terms and conditions are expressed to have that effect.
An authority shall remain in force for such period as is prescribed and may be renewed from time to time.
30 Suspension and cancellation
(1) The Director-General may, by notice in writing served personally or by post on the holder of an authority, suspend the authority for a period of not more than 60 days specified in the notice or cancel the authority at any time:(a) if the holder commits an offence against this Act, the Prevention of Cruelty to Animals Act 1979, the Animal Research Act 1985, the National Parks and Wildlife Act 1974 or an instrument made under this Act or any of those Acts,(b) if the holder fails to comply with any term or condition of the authority or of any other authority, being a term or condition applicable to the holder,(c) in the case of a licence, if the holder fails to ensure that the licensed animal display establishment:(i) conforms to, and(ii) is conducted in accordance with,the prescribed standards,(d) if the authority was issued pursuant to a false or misleading document, statement or representation,(e) if for any other reason the Director-General is of the opinion that the holder is not a fit and proper person to hold the authority,(f) if the holder requests the suspension or cancellation of the authority, as the case may be, or(g) if the authority was issued in error.(2) Where an authority has been suspended, the Director-General shall return it to the former holder on the expiration of the period of suspension.(3) Before suspending or cancelling a licence under subsection (1) (c) (i), the Director-General shall cause a notice to be served on the licensee specifying the works to be carried out to bring the premises to the prescribed standard and stating that unless the work is done within the time specified in the notice the licence will be suspended or cancelled.(4) A licence shall not be suspended or cancelled under subsection (1) (c) (i) until the expiration of the time so specified.
(1) The Director-General may, by order in writing served on a person, declare the person to be disqualified from holding an authority.(2) A declaration may be made in respect of a person only if the person holds an authority that is cancelled by the Director-General on misconduct grounds.(3) A person who is declared to be disqualified from holding an authority is disqualified from holding an authority under this Act during the disqualification period specified in the order.(4) If the person who is the subject of the declaration is a corporation, any person who was an officer of the corporation at the time that the authority was cancelled on misconduct grounds is taken, unless the declaration otherwise provides, to also be disqualified from holding an authority under this Act during the disqualification period specified in the order.(5) An order may specify a separate disqualification period for officers of the corporation or for particular officers of the corporation, or may provide that no disqualification period applies to officers of the corporation or to particular officers of the corporation.(6) It is not necessary for the order to name individual officers of a corporation.(7) A disqualification period specified in an order must not exceed 5 years from the date on which the relevant authority is cancelled on misconduct grounds.(8) For the purposes of this section, an authority is cancelled on misconduct grounds if it is cancelled for any reason other than because it was issued in error or because the holder of the authority requested the cancellation.(9) In this section, an officer of a corporation means a director of the corporation or a person who is otherwise concerned in its management.
31 Offences relating to licences, approvals and permits
(1) A person shall not:(a) by act or omission, contravene any of the terms or conditions of any authority issued under this Act or the regulations, or(b) without reasonable excuse, fail to surrender upon the request of the Director-General or of an inspector an authority that has been suspended or cancelled under this Act or the regulations.Maximum penalty: 10 penalty units.
(2) A person shall not:(a) falsely advertise or claim to hold an authority issued under this Act or the regulations,(b) alter in any material respect any such authority or use any such authority so altered,(c) produce or sign any such authority knowing it to be false in any material particular, or(d) impersonate a person named in any such authority.Maximum penalty (subsection (2)): 20 penalty units.
Division 5 Reviews by Administrative Decisions Tribunal
32 Applications for review by Administrative Decisions Tribunal
(1) A person may apply to the Administrative Decisions Tribunal for a review of any of the following decisions:(a) a decision to refuse an application by the person for the issue, renewal, variation or transfer of an authority,(b) a decision to suspend or cancel an authority held by the person,(c) a decision to impose a term or condition on an authority held by the person or vary any such term or condition (other than a term or condition prescribed by the regulations),(d) a decision that results in the person being disqualified from holding an authority under this Act.(2) If an application for a review of a decision is made to the Tribunal under this section, the cancellation or expiry of the authority, the imposition or variation of the term or condition or the disqualification of the person (as the case may be) is stayed by lodgment of the application, pending its outcome. This subsection has effect despite the provisions of Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997.(3) In this section, authority means a licence, an approval or a permit.