South Australia

Prevention of Cruelty to Animals (Commercial Breeding of Companion Animals) Amendment Bill 2006

A Bill For

An Act to amend the Prevention of Cruelty to Animals Act 1985.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Amendment provisions

Part 2—Amendment of Prevention of Cruelty to Animals Act 1985

4 Insertion of section 15A

15A Commercial breeding of dogs etc

5 Amendment of section 42—Evidentiary provision

6 Amendment of section 43—Act does not render unlawful practices that are in accordance with prescribed code of animal husbandry practice

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Prevention of Cruelty to Animals (Commercial Breeding of Companion Animals) Amendment Act 2006.

2—Commencement

This Act will come into operation 3 months after the date of assent.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Prevention of Cruelty to Animals Act 1985

4—Insertion of section 15A

After section 15 insert:

15A—Commercial breeding of dogs etc

(1) A person must not breed a dog or other prescribed companion animal for a commercial purpose except in accordance with an authorisation of the Minister under this section.

Maximum penalty: $20 000 or imprisonment for 4 years.

(2) A person must not sell a dog or other prescribed companion animal that has been bred in contravention of subsection (1).

Maximum penalty: $10 000.

(3) It is a defence to a charge of an offence against this section if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

(4) An application for an authorisation under this section—

(a) must be made in a manner and form determined by the Minister; and

(b) must be accompanied by the prescribed fee.

(5) An authorisation under this section—

(a) must be in writing; and

(b) must—

(i) if it relates to dog breeding—contain conditions that seek to prevent the practice known as "puppy farming"; and

(ii) in any other case—contain conditions that seek to prevent any corresponding practice in relation to the relevant prescribed companion animal; and

(c) may contain any other conditions the Minister thinks fit.

(6) The Minister may, by notice in writing, vary the conditions of, or revoke, an authorisation under this section for any reason the Minister thinks fit.

(7) The regulations may assign the functions of the Minister under this section relating to the granting of authorisations in respect of a class of companion animal specified in the regulations to a body or person (including a person for the time being holding or acting in a specified office or position) specified in the regulations.

(8) A regulation may only be made under this section assigning functions to a non-government entity with the consent of that entity.

(9) If a regulation is made under this section assigning functions to a non-government entity, the entity may retain the fees paid in respect of applications made to the entity in accordance with the assignment of functions.

(10) In this section—

companion animal means a domestic pet or other animal that is normally in regular contact with humans;

non-government entity means a person or body other than an officer, agency or instrumentality (including a Minister) of the Crown in right of the State.

5—Amendment of section 42—Evidentiary provision

Section 42—delete "or a" wherever occurring and substitute:

, authorisation or

6—Amendment of section 43—Act does not render unlawful practices that are in accordance with prescribed code of animal husbandry practice

(1) Section 43—delete "Nothing" and substitute:

Subject to subsection (2), nothing

(2) Section 43—after its present contents (as amended by this Act), now to be designated as subsection (1), insert:

(2) This section does not apply to breeding a dog or other prescribed companion animal under section 15A in accordance with a prescribed code of practice to the extent that the code permits the breeding to be done in contravention of that section.