Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ANIMAL WELFARE ACT 1992 - SECT 73B

Grounds for regulatory action

    (1)     Each of the following is a ground for regulatory action against an approved person:

        (a)     the person gave information to the regulatory body in relation to the application for the grant or renewal of the person's approval that was false or misleading in a material particular;

        (b)     the regulatory body becomes aware of a circumstance that, if the regulatory body had been aware of it when the application for approval was decided, would have resulted in the application being refused;

        (c)     the person contravened a condition of the person's approval;

        (d)     the person failed to return an approval as required under the relevant provision;

        (e)     the person has been convicted or found guilty of a defined offence—

              (i)     within the 3 years immediately before the date of the application for the person's approval; or

              (ii)     while an approved person; or

              (iii)     during any suspension of the person's approval;

        (f)     if the regulatory body believes on reasonable grounds that it would refuse an application by the person for an approval of the kind held by the person on the grounds mentioned in the relevant section.

    (2)     In this section:

"approved person" includes, if the person is a corporation, each executive officer of the corporation.

"relevant provision" means—

        (a)     for a licensed pet business— section 24N (Amendment of pet business licence); or

        (b)     for a licensee— section 34 (7) (Amendment of licence); or

        (c)     for an authorisation holder— section 46 (7) (Amendment of authorisation); or

        (d)     for a circus or travelling zoo permit-holder— section 59A (7) (Amendment of circus or travelling zoo permit); or

        (e)     for a trapping permit-holder— section 71 (7) (Amendment of trapping permit).

"relevant section" means—

        (a)     for a licensed pet business— section 24G (2) (Issue of pet business licence); or

        (b)     for a licensee— section 27 (2) (a), (b), (c), (e) or (g) or (3) (Decision about licence application); or

        (c)     for an authorisation holder— section 38 (2) (a), (c) or (e) or (3) (Decision about authorisation application); or

        (d)     for a circus or travelling zoo permit-holder— section 55 (4) (a), (b), (c), (e) or (g) or (5) (Decision about circus or travelling zoo permit application); or

        (e)     for a trapping permit-holder— section 64 (2) (a), (b), (c) or (f) or (3) (Decision about trapping permit application).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback