STATUTES AMENDMENT (ANIMAL WELFARE REFORMS) BILL 2017

animal rescue organisation means a person or body that provides services consisting of or including the rescue, saving or rehousing of stray, abandoned, ill-treated, injured, sick or surrendered animals (however described) but does not include a person or body declared by the regulations not to be included in the ambit of this definition;

animal shelter means a facility at which permanent or temporary shelter is provided for stray, abandoned, ill-treated, injured, sick or surrendered animals (not being an animal owned by the operator of the animal shelter) but does not include a facility of a kind declared by the regulations not to be included in the ambit of this definition;

cat means an animal of the species felis catus;

code of practice means the code of practice established under section 15F

, as in force from time to time;

dog means an animal of the species canis familiaris;

feral dog or cat means a dog or cat living in an undomesticated state;

holding period, for an animal in a licensed animal shelter or held by a licensed animal rescue organisation, means the period of 7 days commencing on the day after the animal came into the possession of the shelter or organisation;

licence, in relation to an animal shelter or animal rescue organisation, means a licence under this Part (and licensed has a corresponding meaning).

15C—Application of Part

This Part does not apply in relation to—

(a) dingos; or

(b) feral dogs or cats; or

15D—Interaction with other Acts

(1) This Part is in addition to, and does not derogate from, the Dog and Cat Management Act 1995

(2) This Part is in addition to, and does not derogate from, Part 5 of the National Parks and Wildlife Act 1972

(3) Nothing in this Part limits the operation of Chapter 8 of the Natural Resources Management Act 2004

15E—Objects and principles

(1) The objects of this Part include—

(a) preventing, as far as is reasonably practicable, the killing of stray, abandoned, ill-treated, injured, sick or surrendered animals; and

(b) encouraging the rehousing of stray, abandoned, ill-treated, injured, sick or surrendered animals; and

(d) developing a code of practice that further these objects.

(2) The following principles apply in relation to the operation of this Part:

(a) no animal should be killed if the animal can be placed in a suitable home;

(b) animals in animal shelters require proper care, nutrition and shelter;

(c) animal shelters and other persons involved with stray, abandoned, ill-treated, injured, sick or surrendered animals should make every effort, and be supported, to provide every animal in their custody with individual consideration and care.

Division 2—Code of practice

15F—Code of practice

(1) The Governor may, on the recommendation of the Minister, make regulations establishing a code of practice for the purposes of this Part.

(2) Without limiting any other matters that may be included in the code of practice, the code of practice must contain the following provisions:

(a) a provision requiring that animals not be killed if they can practicably be taken to an animal shelter or animal rescue organisation that can take possession of, or rehouse, them;

(b) provisions setting out the minimum standard of care to be provided at animal shelters and by animal rescue organisations;

(c) provisions setting out how native animals are to be dealt with on being surrendered to an animal shelter or rescued by an animal rescue organisation.

(3) Before making a recommendation for the purposes of subsection (1)

, the Minister—

(a) must consult with the prescribed bodies; and

(b) must call for public submissions in accordance with a scheme determined by the regulations.

(4) The Minister must cause the code of practice to be reviewed at least once in each 5 year period.

15G—Offence to contravene code of practice

A person who, in relation to the operation of an animal shelter or animal rescue organisation, contravenes a provision of the code of practice is guilty of an offence.

Maximum penalty: $10 000.

Division 3—Licence to operate animal shelters etc

15H—Minister may grant animal shelter licence

(1) The Minister may, on application, grant a licence (an animal shelter licence) to a person authorising the person to operate an animal shelter.

(2) Each animal shelter licence is subject to a condition requiring the holder of the licence to comply with the code of practice.

(3) Without limiting subsection (2)

, an animal shelter licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence (including, without limiting the generality of this subsection, a condition limiting the number or kinds of animals that can be sheltered pursuant to the licence).

(4) An application for an animal shelter licence—

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

(b) must include such information as the Minister may reasonably require; and

(5) In determining whether or not to grant an animal shelter licence, the Minister must have regard to—

(a) the suitability of the applicant to be granted the licence; and

(b) the adequacy of the applicant's premises and facilities for the care and handling of animals of the relevant kinds; and

and may have regard to any other matter that the Minister thinks relevant.

(6) The Minister may, by notice in writing, vary or revoke a condition of, or impose further conditions on, an animal shelter licence for any reason the Minister thinks fit.

(7) An animal shelter licence remains in force until it is—

(a) revoked by the Minister; or

(b) surrendered by the holder of the licence.

15I—Revocation and suspension of animal shelter licence

(1) If the Minister is satisfied that the holder of an animal shelter licence—

(a) has been found guilty of an offence against this Act; or

(b) has contravened the code of practice (whether or not the person has been convicted of an offence relating to the contravention); or

(d) has failed to provide a report required under section 15Q

; or

(e) has obtained the licence improperly,

the Minister may, by notice in writing—

(f) suspend the licence—

(i) for a period specified in the notice; or

(ii) until the holder of the licence causes such action as may be specified in the notice to be taken to the satisfaction of the Minister; or

(g) allow the holder of the licence to continue to operate the animal shelter to which the licence relates subject to specified conditions (including conditions preventing further animals being received by the animal shelter, or requiring supervision of the operation of the animal shelter by a specified person or body); or

(h) revoke the licence.

(2) The Minister may, by notice in writing, vary or revoke a condition imposed under subsection (1)(g)

for any reason the Minister thinks fit.

(3) A person who contravenes a condition imposed under subsection (1)(g)

is guilty of an offence.

Maximum penalty: $10 000.

(4) The Minister may, if he or she considers it appropriate to do so, by notice in writing, disqualify (either permanently or for a specified period) a person from holding or obtaining an animal shelter licence.

15J—Offence to operate animal shelter without licence

A person must not operate an animal shelter unless the person holds an animal shelter licence in respect of animals of the relevant kind.

Maximum penalty: $10 000.

Division 4—Licence to operate animal rescue organisation

15K—Minister may grant animal rescue organisation licence

(1) The Minister may, on application, grant a licence (an animal rescue organisation licence) to a person authorising the person to operate an animal rescue organisation.

(2) Each animal rescue organisation licence is subject to a condition requiring the holder of the licence to comply with the code of practice.

(3) Without limiting subsection (2)

, an animal rescue organisation licence may be granted subject to such conditions as the Minister thinks fit and specifies in the licence (including, without limiting the generality of this subsection, a condition limiting the kinds of animals that can be rescued pursuant to the licence).

(4) An application for an animal rescue organisation licence—

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

(b) must include such information as the Minister may reasonably require; and

(5) In determining whether or not to grant an animal rescue organisation licence, the Minister must have regard to—

(a) the suitability of the applicant to be granted the licence; and

(b) the adequacy of the applicant's premises and facilities (if any) for the care and handling of animals of the relevant kinds; and

and may have regard to any other matter that the Minister thinks relevant.

(6) The Minister may, by notice in writing, vary or revoke a condition of, or impose further conditions on, an animal rescue organisation licence for any reason the Minister thinks fit.

(7) An animal rescue organisation licence remains in force until it is—

(a) revoked by the Minister; or

(b) surrendered by the holder of the licence.

15L—Revocation and suspension of animal rescue organisation licence

(1) If the Minister is satisfied that the holder of an animal rescue organisation licence—

(a) has been found guilty of an offence against this Act; or

(b) has contravened the code of practice (whether or not the person has been convicted of an offence relating to the contravention); or

(d) has failed to provide a report required under section 15Q

; or

(e) has obtained the licence improperly,

the Minister may, by notice in writing—

(f) suspend the licence—

(i) for a period specified in the notice; or

(ii) until the holder of the licence causes such action as may be specified in the notice to be taken to the satisfaction of the Minister; or

(g) allow the holder of the licence to continue to operate the animal rescue organisation to which the licence relates subject to specified conditions (including conditions preventing further animals being rescued by the organisation, or requiring supervision of the operation of the organisation by a specified person or body); or

(h) revoke the licence.

(2) The Minister may, by notice in writing, vary or revoke a condition imposed under subsection (1)(g)

for any reason the Minister thinks fit.

(3) A person who contravenes a condition imposed under subsection (1)(g)

is guilty of an offence.

Maximum penalty: $10 000.

15M—Offence to operate animal rescue organisation without licence

A person must not operate an animal rescue organisation unless the person holds an animal rescue organisation licence.

Maximum penalty: $10 000.

Division 5—Desexing and microchipping animals in licensed animal shelters etc

15N—Certain bodies may microchip and desex detained dogs and cats

(1) Despite any other provision of this Act, or any other Act or law, a licensed animal shelter or licensed animal rescue organisation detaining a dog or cat seized under this or any other Act may, in accordance with the code of practice, do 1 or more of the following:

(a) microchip the dog or cat;

(b) desex the dog or cat;

(2) A licensed animal shelter or licensed animal rescue organisation may recover the cost of taking action under this section as a debt from the owner of the dog or cat.

Division 6—Euthanasia of animals in licensed animal shelter etc

15O—Euthanasia of animals in licensed animal shelters etc

(1) The following provisions apply in relation to the killing of animals held in a licensed animal shelter or held by a licensed animal rescue organisation:

(a) an animal must not be killed—

(i) if there are cages, kennels or other areas in which the animal can live that are reasonably available in the animal shelter or to the animal rescue organisation (including, where appropriate, areas shared with another animal); or

(ii) during the holding period for the animal;

(b) an animal must not be killed unless—

(i) a foster home cannot be found within the period specified in the code of practice; and

(ii) the operator of the animal shelter or animal rescue organisation has, in accordance with the code of practice, offered the animal to other animal shelters or animal rescue organisations that are willing to take possession of animals in such circumstances; and

(iii) the operator of the animal shelter or animal rescue organisation has complied with any other requirement set out in the regulations or the code of practice; and

(iv) the operator of the animal shelter or animal rescue organisation has certified, in accordance with the regulations, that there was no reasonable alternative to killing the animal in the circumstances;

(i) in the case of infant animals, companion animals other than dogs or cats or comatose animals with depressed vascular function (being animals for whom intravenous injection is not possible)—by intraperitoneal injection of sodium pentobarbital administered by a licensed veterinarian; or

(ii) in the case of unconscious or comatose animals—by intracardiac injection of sodium pentobarbital administered by a licensed veterinarian; or

(iii) in any case—by intravenous injection of sodium pentobarbital;

(d) an animal must be sedated before being killed so as to minimise stress or discomfort or, in the case of vicious animals, to ensure staff safety (however, neuromuscular blocking agents must not be used);

(e) following the administration of an injection, an animal must be lowered to the surface on which they are being held and must not be permitted to drop or otherwise collapse without support;

(f) an animal must not be left unattended between the time procedures to kill the animal are commenced and the time death occurs;

(g) an animal's body must not be disposed of before death is verified in accordance with this section;

(h) an animal must not be allowed to witness any other animal being killed, or being sedated for the purpose of being killed;

(i) an animal must not be allowed to see the bodies of animals that have been killed.

(2) Subsection (1)(a)

and (b)

do not apply in the following circumstances:

(a) the killing of an animal that has been certified by a veterinary surgeon as experiencing irremediable physical suffering;

(b) the killing of an animal pursuant to a destruction order under Part 5 of the Dog and Cat Management Act 1995

;

(3) A person who, without reasonable excuse, contravenes subsection (1)

is guilty of an offence.

Maximum penalty: $20 000 or imprisonment for 2 years.

(4) For the purposes of this section, the death of an animal must be verified in each of the following ways:

(a) by lack of heartbeat, verified by a stethoscope;

(b) by lack of respiration, verified by observation;

(d) by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it.

(5) To avoid doubt, this section does not authorise the killing of an animal held in an animal shelter or by an animal rescue organisation merely because the holding period for the animal has elapsed.

(6) Nothing in this section limits the operation of section 34B.

(7) In this section—

irremediable physical suffering means an animal who has a poor or grave prognosis for being able to live without severe, unremitting pain even with comprehensive, prompt, and necessary veterinary care.

Division 7—Enforcement of Part

15P—Inspectors for purposes of Part

(1) The following persons are inspectors for the purposes of this Part:

(a) wardens under the National Parks and Wildlife Act 1972

;

(b) such other persons as may be appointed by the Minister to be an inspector for the purposes of this Part.

(2) An inspector appointed under section 28 will be taken not to be an inspector for the purposes of this Part (however, the remaining provisions of Part 5 apply to an inspector as if the inspector were appointed under section 28).

(3) An appointment under subsection (1)(b)

may be made subject to conditions specified in the instrument of appointment.

(4) The Minister may, at any time, revoke an appointment under subsection (1)(b)

or vary, revoke or add a condition of an appointment.

(5) An inspector must, while acting as such, carry an identity card issued by the Minister or, if the inspector is a police officer, the officer's warrant card, and the inspector must produce the card for inspection by the person against whom the inspector proposes to exercise a power under this Act or the National Parks and Wildlife Act 1972

Division 8—Reporting

15Q—Licence holders to report to Minister

(1) The holder of a licence under this Part must, on or before 30 September in each year, prepare and submit a written report to the Minister setting out the following information relating to the preceding financial year:

(a) in the case of the holder of an animal shelter licence—the number of animals for which shelter was provided pursuant to the licence;

(b) in the case of the holder of an animal rescue organisation licence—the number of animals to which services were provided pursuant to the licence;

(i) the number of animals killed by or on behalf of the licence holder; and

(ii) the number of animals returned to their owners; and

(iii) the number of animals adopted or rehoused; and

(iv) the number of animals transferred to other animal shelters or animal rescue organisations; and

(v) the number of animals in the care of the licence holder on 31 July of that year; and

(vi) any other information required by the regulations or under the code of practice.

(2) The holder of a licence under this Part must allow inspection (without charge) of a report under subsection (1)

by members of the public.

(3) The Minister must, as soon as is reasonably practicable after receiving a report under subsection (1)

, cause a copy of the report to be published on a website determined by the Minister.

Division 9—Review of Minister's decisions

15R—Review of Minister's decisions by South Australian Civil and Administrative Tribunal

(1) The South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a decision of the Minister under this Part.

(2) An application for review of a decision of the Minister under this Part may be made to the South Australian Civil and Administrative Tribunal within 1 month after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).

(3) However, the South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (2)

if satisfied that—

(a) special circumstances exist; and

(b) another party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.

Division 10—Miscellaneous

15S—Offence to hold out as being licensed

(1) A person must not hold himself or herself out as holding a license to operate an animal shelter or animal rescue organisation unless the person is in fact so licensed.

Maximum penalty: $10 000.

(2) A person must not hold himself or herself out as holding an animal shelter licence or animal rescue organisation licence that authorises them to deal with a particular kind of animal unless the person is in fact so authorised.

Maximum penalty: $10 000.

15T—Exemptions

(1) The Minister may, on application or on his or her own motion, exempt a specified person from this Part, or specified provisions of this Part.

(2) Subject to this section, an exemption—

(a) must be in writing; and

(b) may be conditional or unconditional; and

(3) The Minister—

(a) must, unless the Minister is satisfied that good reasons exist for not doing so, by notice in writing, revoke an exemption of a person if the person—

(i) has been found guilty of an offence against this Act; or

(ii) has obtained the exemption improperly; or

(iii) has failed to comply with a condition of the exemption; and

(b) may, by notice in writing, vary or revoke an exemption for any other reason the Minister thinks fit.

(4) An application for an exemption, or for the variation of an exemption—

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

(b) must include such information as the Minister may reasonably require; and

15U—General defence

It is a defence to a charge of an offence against this Part 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.

Part 3B—Euthanasia of animals

15V—Euthanasia of animals to comply with guidelines

(1) The Minister must publish guidelines in relation to the administration of euthanasia to animals in this State.

(2) The guidelines must contain—

(a) provisions setting out the circumstances in which euthanasia may be administered to an animal; and

(b) provisions setting out the persons who may administer euthanasia to an animal; and

(d) provisions prohibiting the use of gas chambers, and any other method prescribed by the regulations, in the administration of euthanasia to an animal; and

(e) any other provisions required by the regulations,

and may contain any other provisions the Minister thinks fit.

(3) A person who administers euthanasia to an animal in contravention of the guidelines is guilty of an offence.

Maximum penalty: $20 000.

(4) However, subsection (3)

does not apply to—

(a) a person, or a person of a class, prescribed by the regulations; or

(b) the euthanasia of an animal in circumstances prescribed by the regulations.

5—Amendment of section 31C—Dealing with seized animals and objects

Section 31C—after subsection (3) insert:

(3a) To avoid doubt, section 15O (other than subsection (1)(a) and (b)) applies in relation to the destruction of an animal under subsection (1) or (2).

6—Amendment of section 32A—Court orders on finding of guilt etc

Section 32A—after subsection (3) insert:

(4) To avoid doubt, section 15O (other than subsection (1)(a) and (b)) applies in relation to the destruction of an animal under subsection (3).

7—Insertion of section 42AA

After section 42 insert:

42AA—Animals that are evidence

Despite any other Act or law, the admissibility of, or weight to be given to, evidence of an offence against this Act consisting of a live animal is not affected by the fact that the animal is sold, rehoused or otherwise disposed of under this or any other Act.

8—Substitution of section 43

Section 43—delete the section and substitute:

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

(1) Subject to this section, nothing in this Act renders unlawful anything done in accordance with a prescribed code of practice relating to animals.

(2) This section does not apply in relation to the operation of animal shelters or animal rescue organisations in accordance with a prescribed code of practice to the extent that the code permits an animal shelter or animal rescue organisation to operate in contravention of Part 3A.

(3) This section does not apply in relation to the euthanasia of animals in accordance with a prescribed code of practice to the extent that the code permits euthanasia to be administered to animals in contravention of the guidelines under Part 3B.

(4) In this section—

animal rescue organisation and animal shelter have the same meanings as in Part 3A.

Part 3—Amendment of Dog and Cat Management Act 1995

9—Amendment of section 4—Interpretation

Section 4—after the definition of LGA insert:

licensed animal shelter or licensed animal rescue organisation means an animal shelter or animal rescue organisation licensed under Part 3A of the Animal Welfare Act 1985

and whose licence authorises them to deal with dogs or cats or both (as the case requires);

10—Amendment of section 33—Dogs must be registered

Section 33(5)(b)—after subparagraph (vi) insert:

(iv) a licensed animal shelter or licensed animal rescue organisation.

11—Amendment of section 59A—Prohibition orders

Section 59A(2)(b)—delete paragraph (b) and substitute:

(b) requires each dog owned by the person, or for the control of which the person is responsible, at the time the order takes effect to be surrendered, as soon as is reasonably practicable, to a licensed animal shelter or licensed animal rescue organisation.

12—Amendment of section 61—Procedure following seizure of dog

Section 61(1)(b)—delete "in a facility approved by the Board for the purpose of detaining dogs." and substitute:

in—

(i) a licensed animal shelter or a facility operated by a licensed animal rescue organisation; or

(ii) if no such shelter or facility is available—a facility approved by the Board for the purpose of detaining dogs.

13—Amendment of section 62—Rehousing or other disposal of seized dog

(1) Section 62(1)—delete "destroyed or otherwise disposed of" and substitute:

sold or otherwise rehoused in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

(2) Section 62—after subsection (1) insert:

(1a) Subject to Part 3A of the Animal Welfare Act 1985

, the operator of an animal shelter or facility at which a dog is detained under this Part may cause the dog to be destroyed in accordance with the code of practice under Part 3A Division 2 of that Act.

(3) Section 62(3)—delete subsection (3)

14—Insertion of section 42AA

After section 42 insert:

42AA—Animals that are evidence

15—Insertion of section 42AA

After section 42 insert:

42AA—Animals that are evidence

16—Repeal of section 63

Section 63—delete the section

17—Amendment of section 64—Power to seize and detain cats

(1) Section 64(1)(a) and (b)—delete paragraphs (a) and (b) and substitute:

(a) if the person is a warden under the National Parks and Wildlife Act 1972

or the Wilderness Protection Act 1992

and the cat is in a reserve or sanctuary (within the meaning of the National Parks and Wildlife Act 1972

) or a wilderness protection area or zone (within the meaning of the Wilderness Protection Act 1992

);

(b) if the person is the owner or occupier of a designated area, or a person authorised for the purpose by the owner or occupier of a designated area and the cat is found in the designated area;

(d) if the cat is unidentified and—

(i) the person is an authorised officer under the Crown Land Management Act 2009

and the cat is found in an area in respect of which the authorised officer is authorised to exercise powers under that Act; or

(ii) the person is an authorised officer under the Natural Resources Management Act 2004

and—

(A) the cat is found by a State authorised officer under that Act; or

(B) the cat is found by a regional authorised officer under that Act in the region in which the regional authorised officer is authorised to act; or

(iii) the person is an inspector under the Animal Welfare Act 1985

and the cat is found while the person is acting in the ordinary course of his or her duties under that Act; or

(iv) the person is a registered veterinary surgeon acting in the ordinary course of his or her profession; or

(v) the person is acting for or on behalf of 1 of the following bodies or persons in respect of a cat that has been delivered to a facility operated by the person or body:

(A) the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;

(B) the Animal Welfare League of South Australia, Incorporated;

(e) any other circumstances set out in the regulations.

18—Amendment of section 64A—Rehousing or other disposal of seized cat

(1) Section 64A(1)—delete "destroyed or otherwise disposed of" and substitute:

sold or otherwise rehoused in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

(2) Section 64A—after subsection (1) insert:

(1a) Subject to Part 3A of the Animal Welfare Act 1985

, the operator of an animal shelter or facility at which a cat is detained under this Part may cause the cat to be destroyed in accordance with the code of practice under Part 3A Division 2 of that Act.

19—Amendment of section 64D—Notification to owner of dog or cat seized etc under Part

(1) Section 64D(1)—delete "destroys, injures,"

(2) Section 64D(2)(a)—delete "destroying, injuring,"

20—Insertion of Part 5B

After section 64F insert:

Part 5B—Special provisions relating to greyhound racing industry

64G—Interpretation

In this Part—

Greyhound Racing SA means Greyhound Racing SA Limited (and includes any person or body who succeeds Greyhound Racing SA, or who otherwise is the controlling body for greyhound racing in the State, should Greyhound Racing SA be dissolved or otherwise cease to exist);

registered means registered (however described) with Greyhound Racing SA in accordance with the Greyhounds Australasia rules.

64H—Greyhound Racing SA to provide certain reports and information

(1) Greyhound Racing SA must, on or before 30 September in every year, forward to the Minister a report containing the information required by subsection (2)

for the preceding financial year.

Maximum penalty: $20 000.

(2) The report must contain—

(a) information setting out the number of greyhounds registered in the relevant financial year; and

(b) information setting out the number of registered greyhounds destroyed in this State in the relevant financial year; and

(c) information setting out the approximate number of unregistered greyhounds destroyed in the relevant financial year; and

(d) information setting out the methods by which greyhounds were generally destroyed in the relevant financial year; and

(e) any other information required by or under the provisions of this Act or any other Act.

(3) The Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.

(4) The Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report—

(a) to be provided to the Board; and

(b) to be published on a website determined by the Minister.

64I—Freedom of Information Act to apply to Greyhound Racing SA

For the purposes of the Freedom of Information Act 1991

, Greyhound Racing SA will be taken to be an agency within the meaning of that Act.

21—Amendment of section 70—Area limitation on cat management officers

Section 70(2)(b)—delete "or destroying"

22—Amendment of section 72—Reserves and wilderness

(1) Section 72(1)—delete ", detain, destroy or otherwise dispose of" and substitute:

or detain

(2) Section 72(2)—delete ", detain, destroy or otherwise dispose of" and substitute:

or detain

(3) Section 72—after subsection (2) insert:

(3) A warden or other person who seizes or detains a cat under this section must deal with the cat in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

23—Amendment of section 73—Sanctuaries and other designated areas

(1) Section 73(1)—delete ", detain, destroy or otherwise dispose of" and substitute:

or detain

(2) Section 73—after subsection (1) insert:

(1a) A person who seizes or detains a cat under this section must deal with the cat in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

24—Amendment of section 74—Remote areas

(1) Section 74—delete ", detain, destroy or otherwise dispose of" and substitute:

or detain

(2) Section 72—after its present contents (now to be designated as subsection (1)) insert:

(2) A person who seizes or detains a cat under this section must deal with the cat in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

25—Amendment of section 75—Notification to owner of identified cat

Section 75—delete ", detains, destroys or disposes of" and substitute:

or detains

26—Amendment of section 76—Other areas

(1) Section 76—delete ", detain, destroy or otherwise dispose of" and substitute:

or detain

(2) Section 76(e)(iii)—delete subparagraph (iii) and substitute:

(iii) a licensed animal shelter or licensed animal rescue organisation;

(3) Section 76(e)—delete "(but the person is not authorised to destroy the cat);"

(4) Section 76(g)—delete ", destroys or otherwise disposes of the cat" and substitute:

the cat, or sells or otherwise rehouses the cat in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

(5) Section 76—after its present contents (now to be designated as subsection (1)) insert:

(2) A person who seizes or detains a cat under this section must deal with the cat in accordance with the code of practice under Part 3A Division 2 of the Animal Welfare Act 1985

27—Insertion of section 88AA

After section 88 insert:

88AA—Animals that are evidence

28—Amendment of section 91—Regulations

Section 91(2)(c)—delete "regulate the detention of dogs" and substitute:

, in a manner that is consistent with the code of practice under Part 3A of the Animal Welfare Act 1985

, the detention of dogs and cats

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